119–21 TRIAL (0.35)—Continued. commencement and termination of, note to be made of, 118 conduct of, by referee, costs of, 243. See COSTS. evidence at, 121-8. See EVIDENCE. exclusion of witnesses at, 117 findings of fact at, to be entered by clerk, 118 costs of, where adjournment of trial, 117 issues of, without pleadings, 114 application for, 116 time for, 116 without, of causes or matters assigned to Judge in Equity, unless ordered by Judge, 24 unless ordered by Judge, 24 list of actions for at trial Court, mode of, 21-5 15 application as to, may be in summons for directions, 97 by Judge, with or without a jury, 24-5 in actions of slander, libel, false imprisonment, malicious prosecu- new, 134-5-234. See NEW TRIAL non-appearance of either party at trial, 116 notice of, affidavit, on trial by, countermanding, 115 day deemed for, 115 defendant, by, 115 entry, before, form of, 115 length of, 115 115 134 TRIAL (0.35)-Continued. official referee by, 120. See REFEREE. order of, 116 papers for use of judge at, 116 place of, application as to, in summons for directions, 97 pleadings, without, 70-1 postponement of, 115 prisoner, obtaining attendance of, at, 117-125 proceedings at, 116 defendant appears without plaintiff, when, 116 questions by cousel to jury, 25 of fact, of, without pleadings by consent, 114 referees, by, 119-21. See REFEREE. separate causes of action, of, 68 speeches of counsel, 117 summons to fix, 97-114 times of commencement and termination of, to be kept, 118 114 verdict, at, 25. See VERDICT. withdrawal of case entered for, 89 witness, attendance of, on adjournment, 15 action for execution of, assigned to Judge in Equity, 9 breach of, pleading, 72 express, 21 Statute of Limitations no bar to action on, 21 judgment for execution of, at suit of any cestui que trust, 61 executor, etc., 61 service of notice of, 62. See JUDGMENT. originating summons relating to execution of, 199-200. See ORIGINATING SUMMONS. representation of parties in action for execution of, 60 sale in action for execution of, conduct of, 151 TRUSTEES (0.56), 194-98 actions by and against, as representing persons interested, 57 TRUSTEES (O. 56)—Continued. cestui que trust bringing action against, 61 claim against, where express trust, not barred by Statute of Limitations, 21 costs of, 243 interference with discretion of, on originating summons, 202 judgment for execution of trusts against, one devisee may have, 61 new, rights and liabilities of, 194 originating summons for appointment or removal of, 194 service of summons, 195 pleading denial of representative character, 76 removal of, 194 remuneration to, 194 representing estate or cestui que trust, 57 sale or letting of interest in land held by, 197-8 who may be appointed, 196 vesting order, 194-6 UMPIRE. See ARBITRATION-ARBITRATOR-REFEREE. UNSOUND MIND. See LUNATICS. person of, admission by, no, by non-denial in pleadings, 73 guardian ad litem for, 49 for, application for, 49 notice of, 49 investment of money recovered by, 85 jurisdiction over, assigned to Judge in Equity, 10 next friend of, consent of, to procedure, 60 not so found, action by or against, 59 service of notice of judgment on, 63 writ on, 44 special case where, a party, 112-3 USHER AND MESSENGER, construction of existing laws relating to, 16 VACATION, 33–4 commencement and end of, 33 not reckoned in time for pleading, etc., 31 VESTING ORDER-Continued. registration of, 173-4 to give effect to order for sale or conveyance, or setting aside conveyance of land, 173 WARD OF COURT. See INFANT. proceedings as to, assigned to Judge in Equity, 9 WITNESSES. See EVIDENCE. abroad, examination of, 123 Act relating to, construction of, 16 aged, infirm, or unable to travel, evidence of, under commission, 122 attendance of, at arbitrations, 222 enforcing, 119 before court, 121 examiner, 122, et seq. referee, 110-119 conduct money for, on examination before examiner, 124 enforcing, 110-111-124-5-9-134-206 in chambers, referee may issue summons for, 206 enforced, how, 206-7 on adjournment of trial court, 15 order for, disobedience to, bench warrant for, 129 124-5 to produce documents, 124 commissioner, examination of, before. See COMMISSION TO EXAMINE conduct money, tender of, on examination before examiner, 124 cross-examination of, 125-30-33 upon affidavit at trial, 133-4 vexatious questions, disallowance of, 117 WITNESSES-Continued. examination of, abroad, 123-8 commission, by, 123. See COMMISSION TO EX- AMINE WITNESSES. application for, may be in summons for directions, 97 trial at, 121 expenses of, cross-examined at trial upon affidavit, 134 ordered to attend for cross-examination upon affidavit, 130 expert, in chambers, 108-216 infirm, evidence of, under commission, 122 old and infirm, or unable to travel, examination of, under commission, 122 prisoner in custody, 117-25 123 production of, at trial for cross-examination on affidavit, 121-25-30-33 order for issue of, need not be drawn up, when, 213 service of, 259 signed and sealed by registrar, 29-256 WRIT OF ATTACHMENT, 146. See ATTACHMENT. WRIT OF CAPIAS. See BAILABLE PROCEEDINGS. WRIT OF CERTIORARI. See CERTIORARI. form of, 373 WRIT OF DELIVERY (O. 46), 148 form of, 148-367 property other than land or money, of, 148 recovery of property not land or money, to enforce, 148 WRIT OF EXECUTION, 141. See EXECUTION. WRIT OF FIERI FACIAS (O. 42), 145. See EXECUTION. |