CONTENTS.

CHAPTER I.

PROCEEDINGS FROM THE COMMENCEMENT TO THE CLOSE

OF AN ORDINARY SUIT.

The essential Steps in Civil Litigation in all Courts-Practice-

Solicitor's Retainer-Instructions for Bill-Subpoena-Time

for appearing-Appearance by Plaintiff for Defendant-De-

murrer-Plea-Disclaimer-Answer-Cross Bill-Time to

plead, answer, or demur-Traversing Note-Instructions for

Answer-Dedimus to take Answer-Taking and transmitting

Answer-Plaintiff's Proceedings on answer coming in-Ex-

ceptions to Answer-Setting down Cause on Bill and Answer

On objection for want of Parties-Replication-Examina-

tion of Witnesses-Interrogatories-Examiners-Commis-

sion to examine Witnesses-Proceedings preparatory to and

under it-How examination conducted-Depositions-En-

larging and passing Publication-Setting down Cause-

Hearing Settling Minutes-Decree-Reference to Master

-Issue-Action at Law-Case-Hearing on further Direc-

tions-Further or Final Decree-Proceedings on Demurrer

and Plea-As to Plaintiff dismissing his own Bill-Motion

to dismiss for want of Prosecution-Effect of Dismission-

As to the Mode of enforcing the Performance of a De-

cree

CHAPTER II.

Page 1

VARIATIONS IN THE PRACTICE, ARISING FROM PECU-

LIARITIES IN PARTIES.

Objects of Suits by Infants Next Friend-Proceedings where

several Suits instituted with the same Object-Appearance

by Infant Defendant-Appointment of Guardian-Answer

by Guardian Decree against an Infant-Proceedings against

Peers-Letter Missive-How to enforce appearance by a

Peer-How to compel him to put in Answer-How put

in-Suits by and against Married Women-Joining Hus-

band--Compelling Answer-Suits by and against Lunatics

or Idiots Where Guardian must be appointed-How ap

pointed-How answer by Guardian taken-Suits by an

against Corporations-When individual Members made De-

fendants-Informations-Relator-Information and Bill-

Proceedings on Informations.

47

CHAPTER III.

VARIATIONS IN THE PRACTICE ARISING FROM THE OBJECTS

OF THE SUIT.

Injunction Bills-Objects of them-To stay Proceedings at

Law-The common Injunction--Motion for Injunction on

Bill and Answer-Effect of the common Injunction-Pro-

ceedings where a Plaintiff at Law is Abroad-Extending

Injunction to stay Trial-Motion to dissolve Injunction-

Special Injunction-Application for same before Answer-

After Answer-Service of Injunction-Motion to dissolve

Special Injunction-Remedy for Disobedience of Injunc-

tion-Bill to redeem a Mortgage-Bill of Foreclosure-

Bill for a Sale of Property in Mortgage-Proceedings on

Bill of Foreclosure-Decree-Proceedings thereon-Exten-

sion of Time for Payment-Proceedings where a subsequent

Mortgagee redeems-Bill by Second Mortgagee to redeem

and foreclose-Decree of Foreclosure against Infants, Mar-

ried Women, &c.-Proceedings on Bill for a Sale-On Bill

to redeem-As to tacking Mortgages-Bill of Discovery-

Proceedings under it-Defendant entitled to his Costs-

Bill to perpetuate Testimony-By and against whom, and in

what Cases, the Testimony may be used-In what Case

Defendant entitled to Costs-Examining Witnesses de bene

esse-Bill of Partition-Proceedings on it-Commission to

make Partition-How to Proceed under it-Return of it—

Decree to convey-Conveyances-Costs-Bill of Inter-

pleader and Proceedings thereon-Writ of Ne exeat Regno

-In what Cases granted-Object of it-Affidavit to obtain

it-For what Amount indorsed-Arrest-Bond to the

Sheriff-Motion to discharge the Writ-How long it con-

tinues in force

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CHAPTER IV.

OF AMENDED BILLS AND BILLS OF REVIVOR AND SUPPLEMENT.

Occasions of Amending a Bill-Order to Amend---Amending

Bill before Answer-After Answer-After Replication-

Costs of Amendment-When fresh Subpoena is necessary-

Compelling Answer to Amended Bill-Abatement of Suit

and Bill of Revivor-When death of a party abates a Suit

and when not-The Cases in which a Bill of Revivor is

most frequently necessary-Death-Marriage-Bankruptcy

-Insolvency-Outlawry-By whom Bill of Revivor may be

filed-How the Right to Revive contested-Order to Re-

vive-Supplemental Bill-Proceedings on it-Difference

between Bill of Revivor and Supplemental Bill--Bill of

Revivor and Supplement-The Proceedings on such a Bill

CHAPTER V.

MOTIONS, PETITIONS, AND AFFIDAVITS.

Objects of Interlocutory Applications to the Court-Common

Motions-Special Motions-Notice of Motion - How the ne-

cessary Facts come before the Court-Motion for Production

and Inspection of Deeds, Books, &c.-How to proceed-

The Grounds of this Motion-How Production and Inspection

given-Motion for Payment or Transfer of Money or Stock

-In what Cases granted-Motions made upon Affidavits-

Petitions of course- -Special Petitions-Proceedings on them

-Before whom heard-Affidavits-Entitling them-Com-

mencement of them-Erasures, &c.-Jurat-Exhibits-

Scandal-Impertinence-Proceedings to have the same ex-

punged-Penalty for matter expunged-Costs of such pro-

ceedings Caution as to preparing Affidavits. .

CHAPTER VI.

PROCEEDINGS IN THE MASTER'S OFFICE.

97

Duties of the Masters-Decree or Order of Reference-Method

of proceeding in the Master's Office-Warrant to consider

Decree-Object of Attendance on same- -Carriage of Decree

or Order Warrant to show cause why Warrant on prepar-

ing Report should not be issued-Warrant on preparing

Report-Proceedings when Draft Report prepared-Warrant

to settle Draft Report-Warrant to sign Report-Objections

to Report-Filing and Confirming Report-Exceptions to

Report-Deposit-Costs of Exceptions-Setting down Cause

on Exceptions and further Directions--Separate Report--State

of Facts-Method of taking Evidence in Master's Office-

Interrogatories and Examination of Parties-Method of pro-

ceeding thereon-How to compel the putting in of Examina-

tion-By and against whom Examination may be used—When

Affidavits used-Examination of Witnesses-Commission for

same- -Passing Publication-Examination of Witnesses vivá

voce before Master-Method of taking Accounts in the Mas-

ter's Office-How Account to be brought in-Charge-Sur-

charge-Method of Proceeding on Charge-Discharge-How

to be supported-Surcharge and Falsification of settled Ac-

counts-Appointment of Guardian-Allowance for Main-

tenance Report thereon-Method of proceeding on Propo-

sal to marry a Ward of Court-On Marriage of Ward without

Leave of the Court-Committal of Husband to the Fleet-

Settlement-Method of proceeding before the Master on a

Reference as to title-Abstract-Objections and Answers-

Report-As to when title is shown-Proceedings in Suits

for the Administration of Assets-Advertisements-Proof

of Debts-Creditor's Charge-Proceedings thereon

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CHAPTER VII.

SALES BEFORE THE MASTER.

Decree or Order for Sale-Proceedings upon it-General Ad-

vertisement-Particulars of Sale-As to selling in Lots-

Conditions of Sale-Sale in London-in the Country-

Auctioneer-Reserved Biddings-Peremptory Advertisement

-Method of conducting the Sale-Auctioneer's Affidavit as

to Biddings-Report of Purchase-Proceedings by Purchaser

-Confirmation of Purchase-Investigation of Title-Re-

ference to Master on Title-Motion by Purchaser to be dis-

charged from Purchase, &c. - Purchaser's Costs-In what

Case the Court will not compel Purchaser to accept Title-

Compensation to Purchaser for Defect of Title, &c.-

Proceedings where Title accepted or reported good-Motion

to pay in Purchase-money and be let into Possession-Con-

veyance-Proceedings to compel Purchaser to pay Purchase-

money into Court-Opening the Biddings-Proceedings on

and Consequences of doing so-Re-sale-Substituted Pur-

chaser-Proceedings to obtain and on a Sale of Timber-Of

old Materials
133

CHAPTER VIII.

RECEIVER.

-

What a Receiver is-In what Cases appointed-Application

for Appointment of How appointed-How Appointment

appealed against-Receiver's Duties in managing and

letting Estate-How Tenants compelled to attorn-How

Receiver's Possession and Authority to be enforced-As to

Receiver bringing Ejectment - And distraining - How

Stranger to Suit to recover Property in Receiver's Posses-

sion-Allowance to Receiver for Repairs-As to bringing

in Receiver's Account and paying in his Balance-How

Account brought in and passed-Receiver's Salary-Affi-

davit verifying Account-Paying in Balance-Laying it out

in the Funds-How to compel Receiver to bring in his

Account-And to pay in his Balance-As to proceeding

against his Sureties-As to Receiver paying in Monies not

being the ordinary Income from Estates-When Receiver

protected against Defaults of others, and when not-Motion

for Receiver's Discharge and to vacate Recognizances of

Sureties-When Balance due to Receiver may be ordered to

be paid to his Sureties
152

CHAPTER IX.

PROCESS OF CONTEMPT.

Grounds for the Process of Contempt-Subpoena-To compel

Defendant's Appearance - Attachment - How to compel