Page images
PDF
EPUB
[blocks in formation]

See INSOLVENT ESTATE.

action not to abate on, 66-7

administration in, 23

claims by assignee, not to be joined with claims in other capacity, 69
change of parties on, 66-7

proceedings after, order for carrying on, 67

application for, 67

rules of, to apply in certain cases to administration, 23
valuation of security, 23

BARRISTERS,

at passing of Act, 15

laws relating to, 16

BENCH WARRANT,

for defaulting witness, 129

BILLS OF EXCHANGE,

action on, with specially indorsed writ, 39
defence in, 78

BOND,

action on, with specially indorsed writ, 39
default of appearance where claim on, 52

judgment on, where default in appearance, 52
security of costs given, 246

BOOKS,

production of, before examiner, 125

arbitrator or umpire, 219

BREACH OF CONTRACT,

injunction against repetition of, 151

BREACH OF TRUST,

particulars of, pleading, 72

CAMERA, IN,

hearing, 117

CANCELLATION OF INSTRUMENTS,

actions for, assigned to Judge in Equity, 9

CAPIAS. See BAILABLE PROCEEDINGS.

"CAUSE,"

meaning of, 4

CAUSE OF ACTION,

assignment of, 66

change or transmission of, 67

continuing, ascertainment of damages in case of, 119

CAUSE OF ACTION-Continued.

joinder of, 68-70. See JOINDER OF CAUSES OF ACTION.

[blocks in formation]

CAUSE OR MATTER, See ACTION.

abatement of, no, in what cases, 66

continuation of, after assignment, &c., of estate, 66

information as to the state of any, 257

meaning of, 4

transfer of, 10.

where no proceeding in for one year, month's notice of intention to proceed

CERTIORARI, (0.68), 239-41

order for, 239-40

to be given, 243

[blocks in formation]

returnable before Court of Appeal or Judge in Court, 240

showing cause on return, 241

transfer on return of writ to Court of Appeal, 241,

CESTUIS QUE TRUSTS,

actions by, 57. See PARTIES.

claims by, against trustees, how effected by Statute of Limitations, 21
execution of trust, any one of, may have judgment for, 61

CHAMBERS (O. 61), 214-17

accountants, etc., power to Judge to employ, 216

adjournment into court from, 216-17

from, into court, 217

administration proceedings, attendances on, 63

appeal from, 217-33-35

application at, to be by summons, 214

costs occasioned by neglect or non-attendance in proceedings in, 215-18

of necessary appearance in, 252

distinct solicitor required by judge for separate parties, in, 216

ex parte applications in, 214

hearing in, on failure of party to attend, 215

further attendance in, where summons not disposed of, 216
jurisdiction of judge in, 217

originating summons,

215

appearance to,

215

attendance under 215

form of, 214

service of summons, not originating, 215

sittings in, in Saint John, 17

summonses in, form of, ordinary, 216

originating, 214

matters included in single, 216

CHANCERY BUSINESS. See JUDGE IN EQUITY.

9

assignment of, to Judge in Equity, 9
jurisdiction of Judge in Equity, over,
jury, trial by, right to in equity, 24
matters assigned to Judge in Equity, 9
transfer of, to Judge in Equity, 10

trial of matters assigned to Judge in Equity, 10
writ, endorsement of, with word "Equity," 10

CHANGE OF PARTIES (O. 17), 66-8

assignment, creation or devolution of estate pendente lite, on, 66-7.
bankruptcy, on, 66-7

death of plaintiff and defendant, 66-8

sole, 68

defendant, 66–8

after verdict and before judgment, 66

successor made party on, by, 67

devolution, of estate on, 66-7

execution of judgment after death of party, 68
failure to proceed on, 68

judgment after death, 66

marriage, death, or bankruptcy of party, on, 66-8
order to carry on proceedings on, application for, 67

judgment after, 68
discharge of, when person not under

disability, 68

under disability, 68

effect of, 67-8

against infant, &c., 68

service of, 67

successor made party on, 67

CHARGE,

on land, causes relating to raising of, assigned to Judge in Equity, 9
sale, &c., of property subject to, or lien, assigned to Judge in Equity, 9

[blocks in formation]

assignment of sittings of judges of trial division, by, 14

member of Court of Appeal, 6

precedence of, 6

title of, 6

vacancy in office of,

263

writs to be tested in name of, 38

CHILDREN, CUSTODY AND ADOPTION OF, 179-84. See INFANTS.

CHOSE IN ACTION,

assignment of, 22

CIRCUIT CLERKS, 32. See DISTRICT CLERKS.

CLAIM, STATEMENT OF, 76-8. See STATEMENT OF CLAIMS.

CLASS,

representation of, 60, 62

CLERICAL ERRORS,

judgments, in, 96

CLERKS OF CIRCUIT COURTS, 32. See DISTRICT CLERKS.

CLERK OF PLEAS. See REGISTRAR.

assistant and deputy of, construction of existing laws relating to, 16
construction of existing laws relating to, 18

CO-DEFENDANTS,

claim against, 66

contribution between, 66

[blocks in formation]

defeasance with, to be written on the same paper, 93
agent's authority to execute warrant, 94

date of, etc.,

94

filing of, or copy, with Registrar of Deeds, 93

leave to enter judgment upon, when to be obtained, 93
solicitor's duty on signing confession of judgment, 94
warrant to be filed on judgment being signed, 94

[blocks in formation]

abroad, 123

122–8

aged or infirm witness, or witness unable to travel, 122
costs, 127

[blocks in formation]

disobedience of witness to be examined within province, 124
depositions, admissibility of, 127

may be in shorthand, 126

not to be opened before trial without order or consent, 127
to be signed, when, 126

[blocks in formation]

approved by Court on behalf af absent parties, 58

power of Court to sanction, in absence of some parties, 58

CONCURRENT WRITS (O. 5), 40–1

how fong in force, 41

marking teste of, 40

service out of jurisdiction of, 41

CONDITION PRECEDENT,

pleading breach or performance of, 74

CONDUCT OF ACTION,

to whom given, 62

CONFESSION,

defence, of, 87. See DEFENCE.

CONSENT,

appeal being heard by two judges, 8

judgment by, 139. See JUDGMENT.

person added as party, of, 58

procedure, &c., to, when party under disability, 60

[blocks in formation]

CONSTITUTIONALITY OF ACT,
declaration as to validity, 18

CONTEMPT See ATTACHMENT.

court, of, punishable as heretofore, 16

disobedience to order to attend to produce documents, 125

non-attendance of parties and witnesses before referee constituting, 207
relief of party in, 146

CONTRACT,

action upon, service out of the jurisdiction in, 45

with specially indorsed writ, 39

construction of, same in law as in equity, 22

denial of, in pleading, how construed, 75

essence of, when stipulations to be considered, 22

execution of, by order of court, 174

implied from letters, how pleaded, 75

injunction against repetition of breach of, 151

stipulations in, to receive same construction as in equity, 22

CONTRIBUTION OR INDEMNITY, 64-6

[blocks in formation]

affidavits, etc., of, on application, to be delivered within 48 hours, 259
allowances for, 259

application for and delivery of, 259

business books, verified of, on discovery, 102

furnished by opposite party, for case on appeal, 236

written application for and delivery of, 259

« EelmineJätka »