ACT-continued.
Acts Repealed :-

12 Geo. 1, c. 29 (to prevent frivolous and vexatious arrests; so
much as relates to entering an appearance for defendant), 28.
14 Geo. 2, cap. 17 (so far as relates to judgment as in case of a
nonsuit), 81.

2 Will. 4, c. 39 (for the uniformity of process in personal actions;
so much as relates to the directions of writs, and to alias and
pluries writs, &c., and so much as relates to the entering an
appearance for the defendant), 8.
4 & 5 Will. 4, c. 62: 2 & 3 Vict. c. 16 (in part only,-for im-
proving the practice and proceedings in the Palatinate Courts
of Lancaster and Durham as to the duration of writs, &c.), 168.
C. L. P. Act, 1854, sec. 88, giving jurisdiction under the repealed
Shipowners' Act, 53 Geo. 3, c. 159..246, 280.

provisions of all statutes not inconsistent to remain in force, 159.
ACTION: see REAL ACTIONS.

meaning of the word, 253, 282.

form or cause of, need not be mentioned in writ of summons, 3.
what actions are within the Acts, 2, 164, 165, 103, 253.

how commenced, 1, 2.

by husband and wife, consolidation of, 42.

parties to, 3, 33.

joinder of causes of, 42.

no other to be brought in respect of same cause by persons joined
as plaintiffs, 271.

for wrong, costs of, see CERTIFICATE.

under Summary Procedure on Bills of Exchange Act, see BILLS
OF EXCHANGE.

limitations of, provisions of Merc. Law Amend. Act, 1856 as to, 296.
penal, rules as to compounding, 326.

by or against assignees, &c. character in which party sues or is
sued not in issue, 373.

abatement of, see ABATEMENT.
by infants, see INFANCY-INFANT.

ACTIONEM NON:

and

ACTIONEM ULTERIUS: S

allegations of, in pleadings unnecessary, 59.

ADDITION:

of neither party required in summons, 2.

ADDITIONAL PENALTY:

of 17. to be paid on stamping documents at the trial, 211.

ADDRESS:

defendant appearing in person must give, 31.

ADDRESSES TO THE JURY, 194.

ADJOURNMENT:

of trial, introductory observations on, xix.

of trial, 195.

power of, extends to all courts of civil judicature in England and
Ireland, 255.

in what cases likely to be granted, 195.

of inquiry before master, 76, 77.

of examination of witnesses by court or judge, 218, 219.

ADMINISTRATOR: see EXECUTOR.

ADMISSIBILITY IN EVIDENCE:

of unstamped documents, on payment of duty and penalty, 211,

212.

ADMISSION:

of documents, 90, 211, 306.

form of notice of, 91, 306, 307.

extent of enactment as to notice, 91.

effect of, 91.

costs of proving documents, if notice to admit is not given, 91.
time within which to give notice of, 92.

proof of, 92.

affidavit of signature to, 92.

notice to produce document in respect whereof notice to admit
has been given, see NOTICE.

may waive the necessity for calling attesting witness, 210, 211.
ADVERSE WITNESS:

how far party producing, inay contradict him, 206.

AFFIDAVIT:

rules as to, 330, 380.

to be drawn up in first person and divided into numbered para-
graphs, 380.

of service of writ, 10.

where personal service is evaded, 10, 11, 12.

the like in case of British subjects resident out of the jurisdiction,
14, 15.

before consul to enable the court or judge to direct proceedings
against a defendant out of the jurisdiction, 26.

of service of writ, &c. in proceedings against a foreigner out of the
jurisdiction, 24.

Form and Incidents of, in general: 16-23, 380.

title of the court and of the cause in, 16.

after death of parties, 104.

parties to, 16.

their initials, 16.

parties suing in representative character, 17.
by whom made, 17.

abode and addition of deponents in, 17, 18.

of foreigners, 17.

of clerks, 17.

contents, 18, 19.

to be divided into paragraphs, 18, 380.

must be certain and explicit, 18.

as to deponent's belief, 18.

clerical errors and erasures in, 19, 22.

parties suing en autre droit, 19.

in case of a bankrupt, 19.

in case of a surviving partner, 19.

statement of the cause of action in, 19.

in action on deeds, 19.

on bonds, 20.

on awards, 20.

on bills and notes, 20.

on goods sold, &c., 20.

for money lent, paid or received, 20.

AFFIDAVIT-continued.

Form and Incidents of, in general-continued.

for work and materials, 20.

on account stated, 20, 21.

on guarantees, 21.

on breach of agreement, 21.

for interest, 21.

before whom sworn, 21.

before judges of superior courts and commissioners, 21.

in Scotland, 21.

in Ireland, 21.

abroad, 21.

before consuls, 21, 26.

jurat of, 21, 22.

when sworn before a commissioner, 22.

by marksmen or illiterate persons, 22.

when abroad, 22.

when made by a foreigner, 22.

signature of deponent to affidavit, 22.

clerical errors and erasures in jurat, 19, 22.

exhibits referred to in affidavits, 23.

filing affidavits, 23.

In particular cases—

to obtain judgment where writ is not specially indorsed, 30.

to obtain judgment for non-appearance to writ specially in-
dorsed, 29.

of merits to set aside judgment, 29, 72, 73.

where either party demurs and pleads, 69.

for leave to plead several matters, 70, 71.

to accompany plea of puis darrein continuance, 61.

in support of pleas in abatement, 36.

in support of motion for new trial, 313.

for leave to proceed when the address of the defendant appearing
in person is illusory, 32.

for leave to appear and defend in ejectment, 130.

of matter of fact in alleging error in fact, 121.

on application to enter a suggestion to revive a judgment, 100.

for charging in execution person in prison of court, 98.

of admissions in pursuance of notice, 92.

affirmation instead of oath to, 205.

may be made in answer to affidavits of the opposite party upon
motions, 218.

examination of persons refusing to make, 220, 221.

in order to obtain discovery, or otherwise, of documents, 221, 224.
by attorney of party abroad in such case insufficient, 221.

judge's order to compel answer on, as to documents in possession
of the deponent, 221.

interrogatories delivered to opposite party by order of court or
judge, to be answered by, 226.

application for order to be made upon, 228.

order for attachment of debts to be founded upon, 232.

punishment for making false, 246.

in proceedings in interpleader not to be entered of record, 270.
in proceedings under Summary Procedure on Bills of Exchange
Act, see BILLS OF EXCHANGE.

form of, of justification of bail, 322.

AFFIRMATION:

instead of oath, in certain cases, 205.

provisions as to, apply to all courts of civil judicature in England
and Ireland, 205, 255.

penalty for making false, 206, 246.

of judgment below by Court of Error, costs on, 217.
form of, of judgment on special case, 389.

AGENT:

indorsement of name and abode of country attorney, where attorney
sues out writ as, 4.

See ACKNOWLEDGMENT.

AGREEMENT:

to refer to arbitration, may be made a rule of court, 193. See
SUBMISSION TO ARBITRATION.

between master and merchant seaman must be attested, 210.
for case by consent, 44. See SPECIAL CASE-QUESTIONS.
as to damages and costs, where special case stated, 45.

of parties to special case, where it will prevent error being
brought, 213.

ALIAS WRITS:

abolished, 8.

how renewed when issued before C. L. P. Act, 1852..8.

ALLEGATIONS:

material in declaration, may be selected and traversed, 68.

ALLOWANCES to witnesses, 419.

ALTERATION in writ of summons, 3.

in affidavits, see AFFIDAVIT.

ALTERATIONS IN THE LAW OF EVIDENCE, 195. See Evi-

DENCE.

General Observations, 195.

Oral Evidence, 195.

admissibility of witnesses formerly incompetent on the ground of
infamy or interest, 195, 196.

statutes for improving the law, 196.
as to manner of examination, 197.

affirmation instead of oath, 197.

authority to a party to discredit his own witness, when, 197.

to prove contradictory statements to have been made by an
adverse witness, 199.

to prove a previous conviction of a witness, 201.

Documentary Evidence:

attesting witnesses, 201.

comparison of handwriting, 202.

stamps, 204.

stamp duty may be paid at trial, 205,

AMENDMENT:

general powers of, given to the judges, 159, 252, 280.
extent of power for, 160.

application for, to be within a reasonable time, 161.
costs, 161.

of writs of summons, 3, 24, 25, 39, 300.

to save Statute of Limitations, 24.

of copy of writ, 24, 25.

of nonjoinder of plaintiffs at trial, 37.

of misjoinder of plaintiffs at trial, 37.

proceedings where writ is amended in the joinder of parties, 300.
indorsement of, on postea, 38.

of pleas in abatement for nonjoinder of plaintiffs, 39.
in actions of contract and tort, 34, 35.

pleading after, in such case, 36.

of pleas in abatement for nonjoinder of defendants, 40.

of misjoinder of defendants in actions on contract, 39.

of process by plaintiff after plea in abatement by defendant, 39.

costs of, after plea in abatement, 41.

of plea of payment into court, 64.

of pleadings framed to embarrass or delay fair trial of action, 47.
of marginal statement of demurrer, 74.

time for pleading after, 58, 75.

after cause has been compulsorily referred, 186.

power of, in court of appeal, 217.

Of Mercantile Law, the act of 1856 for, 291.

AMENDMENTS IN THE LAW OF ARBITRATION: see ARBI-

TRATION.

if action be commenced by one party after all have agreed to
arbitration, the court or judge may stay the proceedings, 189.
order may be discharged or varied, as justice may require, 190.
application may be made to stay the proceedings before the
agreement has been made a rule of court, 190.

power of judge to appoint arbitrator where, in case of reference to
a single arbitrator, the parties do not concur in the appoint-
ment, 190.

the like where the appointed arbitrator refuses to act, 191.
or becomes incapable of acting, 191.

or dies, 191.

the like on failure of the parties or arbitrators to appoint an
umpire or third arbitrator, 191.

or where appointed umpire or third arbitrator refuses to act,

power of party to substitute a new arbitrator where, in case of a

reference to two arbitrators, one dies, 191.

the like when such arbitrator refuses to act, 191.

or becomes incapacitated, 191.

power to the court or judge to revoke such appointment, 192.
power to two arbitrators to appoint an umpire, 192.

arbitrator acting under document or compulsory order of reference,
to make award within three months after his appointment, 192.
unless the document or order contain a different limit of
time, 192.

power to the parties to enlarge time by consent, 192.

such enlargement to be for one month, unless otherwise ex-
pressed, 192.

umpire may enter on reference, if period expired, 192.