AWARD OF A TRIAL de novo:

error may be brought upon, 217.

BAIL: see SECURITY FOR COSTS.

rules as to, and bailable proceedings, 320.
in error, see ERROR.

in ejectment, see EJECTMENT.

by tenant holding over, 151, 152, 153.
to be given on appeal, 216.

amount of and time for giving, 216.

for costs of appeal where security for costs of action has been
given, 216.

writs of execution to fix, may be tested and returnable in vacation,
246.

on appeals in proceedings for relief against forfeiture under
C. L. P. Act, 1860..260.

form of affidavit of justification of, 322.

BAILMENT:

in actions for goods should be stated in pleading where material,
46.

BANKRUPT ACT:

filing judge's order for judgment against trader under, 305.
BANKRUPTCY:

of plaintiff, when not to abate action, 84, 110.

of defendant, 84.

form of plea of plaintiff's, 110.

of defendant may be pleaded with other pleas without leave, 72.
effect of, on proceedings in action, 103; and see ABATEMENT.
of tenant in possession, and service of writ of ejectment in case
of, 128.

BEGINNING AT TRIAL:

order of, to be decided by judge, 194.

speeches of counsel where opponent of party beginning does not
announce his intention to adduce evidence, 194.

accompanies onus probandi, 194.

BEYOND THE SEAS:

construction of term, 164.

time for bringing error after return from, 113.

provisions of Merc. Law Amend. Act, 1856, as to, 296, 297.

BILL OF COSTS: see TAXATION.

BILL OF EXCEPTIONS:

may be tendered by either party in ejectment, 136.

BILLS OF EXCHANGE:

how parties sued on, may be described in writ, &c. 2.

non assumpsit and never indebted may not be pleaded in actions
on, 374.

writs of summons under the act for summary procedure on, 3, 4.
forms of declaration on (Sched. B. Nos. 15 to 18), 179.

in action on, court or judge may order loss of, not to be set up, 246.
comparison of handwriting in action against acceptor, 211. See
INDORSEMENT.

BILLS OF EXCHANGE-continued.

staying proceedings in actions against acceptor of bill or maker
of note, 305.

Provisions of Mercantile Law Amendment Act, 1856, in relation to
Bills of Exchange, 295.

acceptance of inland and foreign, to be in writing on the bill, and
signed by acceptor or his agent, 295.

what are to be deemed inland, 395.

Summary Procedure on, under 18 & 19 Vict. c. 67..284.
introductory observations, xv.

from Oct. 24, 1855, actions may be brought under the statute, 285.
all actions upon bills or notes commenced within six months from
becoming due may be by the special form of writ provided,
285, 289.

the form of writ, 289.

indorsement on, 285, 289, 400.

holder may issue one writ against all or any number of the parties
to the bill or note, 287, 288.

unless defendant within twelve days obtains leave to appear, final
judgment may be signed, 285.

such judgment to be signed on filing an affidavit of personal ser-
vice or order for leave to proceed, 285.

the judgment to be for sum indorsed, interest and costs, 285.

form of judgment, 290.

execution forthwith, 285.

when the costs must be taxed, 285.

error on such judgment may not be brought, 285.

practice as to interest and costs, 286.

application for leave to appear and defend, 286.

to be made within twelve days from service of writ, 286.

judge may give such leave on payment into court or satisfactory
affidavit, 286.

nature of affidavit necessary, 286.

application for leave to appear may be made ex parte, 286.

court or judge under special circumstances may set aside the
judgment and execution, 287.

leave to appear and defend after judgment is set aside, 287.
court or judge may order bill or note to be deposited with officer
of court, 287.

remedy for recovering the expenses of noting, 287.
form of declaration when defendant appears, 403.
C. L. P. Acts of 1852 and 1854 incorporated, 288.

the act to apply to the courts of C. P. of Lancaster and Durham,
288.

and may by order in council be directed to apply to courts of
record in England and Wales, 287.

not to extend to Ireland or Scotland, 289.

title of act, 289.

Rules applicable to such proceedings, 288.

as to indorsements on writ, 400.

allowing a count on consideration to be included with count on
bill or note, 403.

BODY CORPORATE:

to disclose documents and answer interrogatories by officer on
their behalf, 221.

BONDS:

BOOK:

in actions on bail, and replevin, indorsement on writ unneces-
sary, 6.

payment into court in actions on, 62, 63, 274.

of entries of monies received by officer of court at trials, of stamp
duties and penalties, 212.

inspection of, of adverse party, 225.

kept by the keeper of a lunatic asylum, not privileged from pro-
duction, 225.

order for the production of, by judgment debtor on his exami-
nation, 231.

debt-attachment book to be kept at the masters' office, 235.
demurrer, delivery of copy of, before argument, 302.

BREACHES OF CONTRACT:

injunction to restrain, 239.

BRIEFS to counsel, 409, 410, 412, 418.

CAPIAS AD SATISFACIENDUM: see BAIL-FEES.

CASE:

writ to fix bail, 247.

discharge of prisoner under, by attorney, 97.
indorsement of day of execution on, 320.

description of defendant in, 320.

forms of writs of, on judgments and orders for payment of money

and costs, 361-366.

against garnishee, 391, 394.

statement of, by direction of court or judge, where a particular
item of account depends on question of fact or law, and the
cause is referred to arbitration, 187.

appeal to be upon, stated by the parties, 216.
special power of arbitrator to state, 187.
See SPECIAL CASE-QUESTIONS.

CASSETUR BREVE, 56.

CAUSE: see JUST CAUSE.

CAUSE OF ACTION: see SEVERAL COUNTS.

need not be mentioned in writ of summons, 3.

how stated in affidavit, 19.

different, may be joined in the same suit, except in replevin and
ejectment, 42.

but not counts for claims by plaintiff as executor with counts
for claims by him individually, 42.

what, admitted by payment into court, 62.

statement of, in pleadings, 178. See FORM.

in cases of misjoinder of plaintiffs, no other action to be brought
for the same, 271.

CAUSES:

town and country, see JURY.

power for two judges to sit at the same time for trial of, 185.
removed from inferior courts, rules as to, 326.

CERTIFICATE:

for execution, see EXECUTION.
for costs of special jury, 87.

of referee of matters of account, enforceable by the same process
as the finding of a jury, 186.

effect of such certificate, 186.

of conviction of witness for felony or misdemeanor, 209.

fee for, 209.

judge or presiding officer may give, to deprive plaintiff in actions
for wrong of costs where less than 57. is recovered by verdict of
a jury, 279.

CHALLENGE: see JURY.

CHAMBERS,

decision of judge at, how reviewed, 72.

application for oral examination of parties interrogated to be

made at, 229.

jurisdiction of judge at, 259.

costs of attendance at, judge's certificate required for, 410.
CHANCERY: see COURT OF CHANCERY.

CHANGING:

attorney, 300.

venue, see VENUE.

CHARACTER in which plaintiff or defendant is stated on the record to
sue or be sued in certain actions not in issue, 373.

CHARACTER OF WITNESS:

cannot be impeached by general evidence of bad character, 206.
nor by particular instances unless material to the issue, 206.

but a conviction for felony or misdemeanor may be proved if the
witness denies the fact or refuses to answer, 209.

CHARTERED COMPANIES,

service of writs on, 13.

CHARTER PARTY,

form of count on, for not loading, 179.

CHATTELS: : see GOODS.

specific delivery of, in actions for the detention of, 237.

in what cases a court of equity would compel return of, 238.
common law courts now have the same jurisdiction, 238.
writs of execution in such case, 239.

form of writs, 397, 398.

inspection of, by the jury, parties or witnesses, 230.

CHECK:

is a bill within meaning of Summary Procedure on Bills of Ex-
change Act, 285.

CHURCHWARDENS:

service of writ of ejectment on, 129.

CITATION, WARRANT OF:

to compel the attendance of witnesses, 405.

CLAIM:

of writ of mandamus in the declaration, 235.

of writ of injunction in cases of breach of contract or other
injury, 239.

CLAIMANT: see EJECTMENT.

in second ejectment for same premises against same defendant,
may be ordered to give security for costs, 249.
effect of death of, 248.

in interpleader, title of, 261. See INTERPLEADEr.
CLEAR DAYS:

what, 336.

CLERK:

of attorney, stay of proceedings after payment to, 6.
of corporation aggregate, see MAYOR.

of chartered company, chief, must be served with writ, 13.
CO-CONTRACTORS:

part payment by, 297.

CODICILS:

must be attested, 210.

COGNIZANCE:

no formal defence requisite in, 59.

commencement and conclusion of, 59.

when several cognizances are not allowed, 372.

COGNOVIT:

rules as to, 305.

must be attested, 210.

signing judgment on, 305, 410.

COLONIES:

process extends to British subjects resident in, 14.

COLOUR:

in pleading no longer necessary, 59.

COMMENCEMENT:

of C. L. P. Act (1852), 24th of October, 1852..1.

of the C. L. P. Act (1854), 255.

of the C. L. P. Act (1860), 283.

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

COMMISSION:

for the examination of witnesses under the 1 Will. IV. c. 22,
219.

COMMISSIONERS:

of inland revenue, return to be made to, of monies received at
trials on account of stamp duties and penalties, 212.

to cause documents to be stamped, 212.

of assize, judges, may try questions of fact by consent, 185.
service of writs on, 11.

COMMON :

forms of pleas claiming rights of (Sched. B., Nos. 47, 55), 182,