INDEX.

ABATEMENT,

party may be arrested a second time after judgment on a
plea in, 15.

pleading in, after entering into bail bond by wrong name,

ABODE.-See Place of Abode.

ACCEPTANCE OF BAIL,

what amounts to,

65, 6.

express assent, 99.

declaring in chief, ib.

demanding or accepting plea, ib.

taking assignment of bail bond in K. B. ib.
not excepting in time, ib.

filing bail piece after, 100.

ACCOUNT stated,

affidavit to hold to bail on, 46.

AC ETIAM, part of writ,

statement of, in condition of bail bond, 65.

ACTION,

arrest for the same cause of, after a former arrest, 15.—See

Cause of Action.

on bail bond.-See Bail Bond.

ADDING BAIL,

in town,

within what time, 102.

notice of, after rejection insufficient, ib.

further time for, how obtained, ib.

to make a witness, ib.

how done, ib.

no exception necessary to compel justification after, ib.

ADDING BAIL―continued.

in town,

when a party has ceased to be a housekeeper, 135.

in the country,

AFFIDAVIT,

necessary to discharge a feme covert from arrest, 9.
of merits required to stay proceedings on bail bond, 79.
to hold to bail,

requisite before arrest, 37.

need not be stamped, 38.

must be clear, certain, and correct in the lan-

guage, 37.

must be single, 38.

state in which character parties sued,

by whom made, 39, 40.

ib.

third person cannot be answered by affida-
vit that plaintiff is a transported felon, 40.
as to the statement of request in, 47.

names in, 40.

addition of degree in,

40, 41.

place of abode in, 41.

must be positive as to the existence of the debt,

belief when sufficient in, 42.

by executors or administrators, 43.

40, 41.

clerk to chamberlain of corporation, 44.
agent of principal abroad, ib.

assignee of a bankrupt, 43.

bond, 44.

as appears by bonds, books, &c. &c. when suffi-

cient, and when not, 42, 43.

AFFIDAVIT—continued.

to hold to bail,

must fully describe the nature of the debt, 45.
for goods sold, &c. ib.

the hire of carriages, &c. ib.
use and occupation, 46.
work and labour, &c. ib.

money paid, lent, &c. ib.

a sum secured by a penalty, 47, 8.

liquidated damages, 48.

must state nature of agree-

ment and breach, 49.

interest money by virtue of agreement, ib.

subscription to reading club, ib.

penalty of penal statute, ib.

under judge's order for unliquidated damages for a

award, ib.

charter party of affreightment, 46, 47.

a bill of exchange or promissory note, 47.
negative of tender no longer necessary in, 51.
with reference to the sum, ib.

by plaintiff, 52.

agent or clerk, ib.

one of several partners, 53.
executors or administrators, ib.
assignee of bankrupt, 53, 4.
bond, &c. 54.

bill of exchange,ib.

formal slips in, not so material as formerly, ib.

jurat of, ib.

must be free from interlineation or erasure, ib.
when made by two or more persons should state
that fact, ib.

when made by an illiterate person, requisites of,ib.
should state before whom affidavit sworn, 55.

the place where affidavit sworn, ib.

made abroad, 56.

in Ireland or Scotland,

ib.

for the purpose of being
used here, ib.

AFFIDAVIT-continued

to hold to bail,

supplemental or contradictory, not admitted in the
King's Bench or Exchequer, 56, 7.

supplemental or contradictory, when admitted in

C. P. 57.

when not admitted in

C. P. 58.

want of, or defect in, ground of discharge ib.

staying proceed-
ings on bail
bond, 75, 6.

want of, or defect in, when waived, 58.

of service of notice of justification, 106, 129.-See Justi-

ground of opposing bail, ib.

time to amend, when allowed, ib.

of justification, 118, 130.

must state what, 130, 1.

jurat of, 131.

irregularity in, 130.

ground of opposing bail, 130, 131.

time to amend, when allowed, 131.

AGENT OF COMMERCE,

liability of, to arrest, 17.

AGENT OR CLERK,

negative of tender in an affidavit by, form of, 52.

ALIEN,

on his belief, ib.

may be positive, 52, 3.

privileged, from arrests for what debts, 27, 28.
how discharged, 28.

bail of, when and how discharged, 85, 160, 1.

ALIEN ACT,

plaintiff sent out of the kingdom under, discharges bail,

ALLOCATUR of Prothonotary or Master,

arrest not allowed on, 31.

160, 1.