DISTRICT CLERKS, application to, for replevin order, 154 appointment of, 32 certificate of, for judgment, 118 commencement and termination of trial, to be noted by, 118 continuance in office of present, 33 docket of cases to be made up by, 26 copies of, 102-259 costs of proving after refusal to admit, 104 unnecessary notice to admit or produce, 106 delivery of, includes filing, 76 discovery of, 100. See DISCOVERY. execution of, by order of Court, 174 inspection of, application for, 102 bank and trade books, 101 default in giving notice of time for, 102 notice in writing required for, non-compliance with, 101 101 form of, 101 fixing time for, 101 EJECTMENT, 69. See LAND (ACTION FOR RECOVERY OF). ELECTIONS, CONTROVERTED, Construction of Act relating to, court to entertain, 19 18 will follow equitable practice in dealing with, 19 incidentally appearing, 20 plea of possession, 81 specific performance, injunction, 20 EQUITABLE EXECUTION, 152. See EXECUTION-RECEIVER. EQUITABLE WASTE, tenant for life not to commit, 21 EQUITY, administration of law and, to be concurrent, 19 business assigned to Judge in Equity, 9. See JUDGE IN EQUITY. ERROR, power to amend, 96 EVIDENCE (O. 36), 121-28. accounts, in taking, 109 See COMMISSION TO EXAMINE WITNESSES- affidavit, by, 121. See AFFIDAVIT. agreement by, between the parties, 121 by order, 121 EVIDENCE (O. 36)—Continued. answers to interrogatories may be used as, 104 appeals, on, 235 printing of, 235–6 arbitrator, before, 219-22 assessment of damages, at, 118 books of account prima facie, in taking accounts, 109 commission for taking, 123. See COMMISSION TO EXAMINE WITNESSES. writ of, 123 documents from registrar's office, copies of, receivable in, 122 disobedience to order, examiner, on examination before, further, 233-4 infants, on applications, as to, 183 125 122-28. mitigation of damages, in, in action for libel or slander, 117 motion on, 130 notice to produce witness for cross-examination on affidavit, 134 perpetuate, action to, 129-30 See PERPETUATING TESTIMONY. pleading, not to state, 72 printing, for appeal, 235-6 119 shorthand-writer's notes of, under commission, 126 references, on, technical objections to, where taken under commission, 127 before referee, 119 vexatious questions, disallowance of, on cross-examination, 117 witness, neglecting to appear under commission, 124-5 aged, infirm, or unable to travel, taking evidence of under com- EXECUTION (O. 41)—Continued. judgment, or order, condition on, not complied with, 140–41 delivery of land, for, of, 140-41-7 mandamus, injunction, specific performance, of, 144 money and costs of, 142 recovery of property other than land or money of, special case, on decision after, 113 to do or abstain from any act other than payment of leave to issue, certain cases, in, 143 order, of, like judgment, 144 money, of, 141 actions between co-partners in, 160 to do act at expense of party refusing, 144 partners, against, 159, 60 person not a party, by or against, 144 poundage, etc., levied upon, 142 præcipe, for, 256 renewal of, 143 sale of goods seized under, in interpleader proceedings, 210 separate writs of, for money and costs, 142 stay of, 144 recovery of land and costs, 147 pending appeal, 238. See APPEAL TO COURT OF APPEAL. indorsement on, of amount of money to be recovered, 142 name and address of solicitor or party suing EXECUTORS (AND ADMINISTRATORS), ad litem, court may appoint a representative, where no, 60 appearance of, on claims in chambers, 63 claims by and against, joinder of, 69 costs of, 243 deceased party, 67 pleading denial of representative character, 76 EXHIBITS. See AFFIDAVITS. affidavit, to, 109-132 perusing, costs of. See TABLE of Costs (App. B). "EXISTING," meaning of, 5 EX PARTE APPLICATION, appeal from refusal of, time for, 235 cases in which order may be made on, 212 interlocutory orders, for, 149 proceedings in chambers by, 214 EXPERT, employment of, to assist judge or referee, 108, 216 EXPRESS TRUSTS, Statute of Limitations inapplicable to, 21 FALSE IMPRISONMENT, trial of action for, with jury, 24 FIERI FACIAS, 145. See WRIT OF FIERI FACIAS. FILING, accounts of receiver, 153 affidavit to hold to bail, 232 of service, of writ, 50-2 affidavits, 132. See AFFIDAVIT. answer to interrogatories, 99 authority to use person's name as next friend or relator, 60 cognovits and warrants of attorney, 93-4 date of, pleadings and other proceedings in Registrar's Office on, 256 indexes to documents filed to be kept, 256 next friend, authority to use name as, 60 pleadings, 76 report on references, as to amount of damages, 139 FIRM, ACTIONS BY, AND AGAINST, 158-60. See PARTNERS. FOLIO, to be one hundred words, 250 FORECLOSURE, ETC., absolute order for, 169 action for, assigned to Judge in Equity, 9 application for, by originating summons, 201. See ORIGINATING SUMMONS. costs where amount due under $300, 170 form of indorsement for, and sale, 274 memorial of, 160 order nisi for, 169 defence, 92 to stand for balance of principal, where part payment made, 168 period for redemption, 169 sale instead of, 160 et seq. |