NON-JOINDER: see AMENDMENT-JOINDER-DECLARATION.
introductory observations, vii.

of defendants, after notice of objection or plea in abatement, may
be amended, 3.

NON OBSTANTE VEREDICTO: see MOTION.

on motion for judgment, matter omitted in pleading may be
suggested, 111.

effect of judgment of, 112.

costs upon, 112, 113.

NON-PAYMENT of rent, ejectment for, see RELIEF-EJECTMENT.
NON PROS:

for not suggesting or assigning error, 118.

NONSUIT:

statute as to judgment as in case of, repealed, 81.

proceedings by suggestion of neglect to try, substituted for,
81, 82.

in ejectment, see EJECTMENT.

motion to enter, 312. See MOTION.

NOT GUILTY:

form of, in actions for wrongs (Sched. B., No. 44), 182.

operation of, 375, 376, 377.

may be pleaded with other pleas without leave, 72.

NOT POSSESSED:

where injury to property is complained of, may be pleaded with
other pleas without leave, 72.

NOTE: see BILLS OF EXCHANGE.

of receipt of memorandum by Master in proceedings in error, 115.
supersedeas from service of, 115.

NOTICE:

to declare, see DECLARATION.

to plead, new, unnecessary, after amendment of pleading, 75. See
PLEA.

to reply, see REPLICATION.

to rejoin, see REJOINDER.

substituted for rules to declare, &c., 49.

to try by special jury, see JURY.

of writ of summons, unnecessary to mention form of action in, 3.
not to appear, where there is an irregularity in the writ, &c., 13.
of appearance, after time specified in writ, 31.

of non-joinder of plaintiff, 37, 39.

of intention to proceed, defendant entitled to after a year from
last proceedings, 57.

by execution creditor, not to discharge from custody, 98.

in writing, an appearance to writ of revival, 102, 103.

form of, to sheriffs, 407.

indorsement of, on writ in contract, of application for costs
without summons, in case of judgment for default of appear-
ance, 402.

Of Trial, 308, 309, 310.

time, ten days in all cases, 78.

form of notice, 79.

exceptions as to remanets in London and Middlesex, 78.

necessary in case of remanet at assizes, 78.

NOTICE-continued.

Of Trial-continued.
to whom to be given, 79.
where to be given, 79.
effect of not giving, 79.

short notice, 79.

of continuance in town causes, 79.

irregular notice of trial, 80.

countermand of, when to be given, 80.

not countermanding in time, rule for costs in case of, 80.
excuse for not going to trial, 81.

rule for costs of the day for not proceeding to trial, 80.

affidavit to obtain rule, 80.

to plaintiff to try cause, 81.

in what cases defendant may give notice, 82.

when notice to be given, 82.

neglect of plaintiff, 83.

suggestion of plaintiff's neglect on the record, 83.

in case of death of party, 83.

subsequent proceedings, 81.

to admit documents in evidence, see ADMISSION.

to produce documents, in respect whereof notice to admit has been

given, 93.

form of, 93.

service of, 93.

proof of service, 94.

affidavit of service of, 93, 94.

in proceedings in error, see ERROR.

in ejectment, see EJECTMENT.

rules as to service of notices, 333, 401.

Of Inquiry:

ten days in all cases, 73.

to appoint arbitrator, umpire, or third arbitrator; if not complied
with, judge may appoint, 190.

to appoint arbitrator, where duty of such party to appoint one,
191, 192.

of appeal against decision of the court on motions for new trial,
&c., to be given in writing, 215, 216.

to be a stay of execution, 216.

of appeal in proceedings for relief against forfeiture under C. L.
P. Act, 1860..260.

to be a stay provided bail be given, 260.

to sheriff, of renewal of writ of execution, 97.

of postponement of motions, 313.

of intention to proceed, 337. See PROCEEDINGS.

at the foot of writ of subpoena, and warrant of citation to be
served out of the jurisdiction of court, 406.

NOTING BILL:

expenses of, recoverable only where indorsed on writ in proceed-
ings under Summary Procedure on Bills of Exchange Act, 28,

287.

OATH: see PERJURY.

affirmation in lieu of, in certain cases, 205.

See AFFIRMATION.

order for examination of witness on, who refuses to make an affi-
davit, 220, 221.

OCCUPATION:

of plaintiff, see PLAINTIFF.

OFFICE:

copies of depositions of witnesses may be given out, 229, 230.
masters', when to be opened, 336.

OFFICER: see INTER PLEADER.

of court, rules for government of, 163.

at nisi prius, act regulating duties of, 421.

of the Chief Justice or Chief Baron to appoint persons to attend
the trial of causes when two courts sitting at the same time, 185.
having custody of the records, certificate of conviction by, 209.
of the court, reference of matters of account to, 186, 187.

to call attention of the judge to any omission or sufficiency of the
stamp on documents, 211.

to give receipt for the stamp duty and penalty paid to him, 211, 212.
and to make an entry of the payment in a book, 212.

and to make a return of to the Commissioners of Inland Revenue
of the monies received by him, 212.

and to pay monies to the Receiver General, 212.

Of Body Corporate:

order on, to answer on affidavit as to documents in the possession
or power of, 221.

to answer interrogatories, 226.

Presiding at Trial:

certificate of, on record or writ of trial, &c., to deprive plaintiff
of costs where less than 51. recovered by verdict, 279.

OMISSION:

in writ of summons, amendment of, 2, 24.

Of Stamp on Documents:

duty of the officer of the court to call the attention of the judge
to, 211.

ORAL EXAMINATION:

of witnesses by order of the court or judge, 218, 219.

of parties or their attornies in case of omission to answer inter-
rogatories, 228.

of judgment debtor, 231.

ORDER: see JUDGE'S ORDER-EXECUTION-INJUNCTION-RULE.
ORDERS:

rules as to, 332.

See SERVICE.

OUSTER: see JOINT TENANT.

OUTLAWRY:

distringas to proceed to, abolished, 27.

OVERSTATEMENT:

of debt in indorsement on writ, 6.

OYER:

of deeds or other documents abolished, 50, 51.

PALATINATE COURTS: see DURHAM AND LANCASTER-PALA-
TINE COUNTIES.

provisions relating to the superior courts, applicable to pro-
ceedings in, 165-168, 253, 282, 283.

PALATINATE COURTS-continued.

provisions as to masters of the superior courts to apply to
prothonotaries of, 254, 282.

appeal from, to the Court of Queen's Bench on motions for new
trials, &c., 254, 283.

PALATINE COUNTIES: see PALATINATE COURTS.

all writs to extend to, 95.

records for trial at, 84.

provisions applicable to, 165-168, 253, 282, 283.

PANEL see JURY.

PAPER:

special, 302.

PARLIAMENT :

proceedings in error before, 119, 120.

PAROCHIAL:

books, inspection of, 225.

PARTICULARS: see CREDIT.

of demand, 27, 52, 56, 59, 303, 375.

costs of summons when not delivered with declaration, 303.
pleading after delivery of, 59, 304.

special indorsement of, on writ of summons, 27.

forms of, for special indorsement (Sched. A., No. 4), 171.
special indorsement to stand for, 27.

of plaintiff's name and address by attorney on demand, 5.
before appearance, 304.

in ejectment, 125, 132.

See EJECTMENT.

annexing of, to record, 84.

of set-off, 303.

PARTIES:

joinder of, see JOINDER.

death of, see ABATEMENT.

marriage of, see MARRIAGE.

proceedings by, to compel the continuance or abandonment of
action, 247-249.

proceedings in error where a change of, since judgment, 114.
character of nominal, in actions not in issue, 373.

to bill or note, writ under Summary Procedure on Bills of Ex-
change Act may issue against all, 287.

PART PAYMENT:

by one of several co-contracters, effect of, 297.

PARTY WHO BEGINS:

right of, to sum up evidence, 194.

PATENT:

inspection of machinery, in action for the infringement of, 231.
injunction to restrain infringement of, 239.

form of count for infringement of (Sched. B., No. 31), 180.

PAUPERS:

rules as to actions by, 327.

persons admitted to sue in formá pauperis not entitled to costs, 378.

PAYEE:

against maker of a note or drawer of a bill, forms of counts by
(Sched. B., Nos. 15, 18), 179.

PAYMENT: see NON-PAYMENT-PART PAYMENT.

must be pleaded in bar, 375.

to plaintiff of debt and costs indorsed within four days, stay of
proceedings on, 6.

into court of tender necessary to entitle defendant to costs, if no
more is recovered, 7.

pleas of payment and set-off to be taken distributively, 67.

may be pleaded, together with other pleas, without leave, 72.
form of plea of (Sched. B., No. 40), 181.

into court upon bonds and in detinue, 274.

into court under the Summary Procedure on Bills of Exchange

Act for leave to appear and defend, 286.

form of such plea, 64.

amendment of plea, 64.

no rule or order to pay money in, 65.

except in cases of one or more of several defendants, 65.

to whom paid, 65.

taking sum out of court, 65.

in case of plaintiff's death, 65.

proceedings by plaintiff after plea of, 65.

replication to taking money out of court in satisfaction, 65.

replication of damages ultra and nolle prosequi, 66.

into court by garnishee of amount of debt, proceedings in default

of, 233, 234.

into court in replevin, 273.

effect of, 274.

by the garnishee to judgment creditor, to be a discharge to him as

against the judgment debtor, 234.

forms of writs of execution for, 343–369.

PENAL ACTIONS:

compounding, 326.

PENALTIES:

for false affirmation or declaration, 206, 246.

to be paid on having unstamped document stamped at the trial,

211.

PEREMPTORY WRIT OF MANDAMUS:

issuing of, after judgment in action for mandamus, 236.

to have same effect as a peremptory writ of mandamus issued by
the Queen's Bench, 236.

PERIODICAL:

payment into court in case of libel in, 64.