Sheriff to return it-Sheriff's Return-Serjeant-at-Arms-

Sequestration - How executed - Proceedings on Sheriff's

Return of Cepi Corpus where Bail taken-Messenger-

Appearance ordered to be entered for Defendant-The like

Proceedings where Bail not taken-Process of Contempt

against Infants, Peers, Members of the House of Commons,

Married Women, Corporations and Persons of unsound Mind

-Process of Contempt to compel putting in of Answer-

Messenger where Defendant out on Bail-Habeas Corpus

when in Custody-Proceedings on Return of Non est inventus

-How to compel Answer of Infants, Peers, &c.-When

Sheriff may take Bail, and when not-Process of Contempt

to enforce Payment of Costs-To enforce Performance of

other Acts-To procure Execution of Deeds, &c.-To enforce

the Delivery of the Possession of Land-Process of Con-

tempt for and against Persons not Parties to the Suit-

Examination of a Stranger, pro interesse suo, under Seques-

tration-Process of Contempt to be diligently used-How

to clear Contempts, and obtain Discharge from Custody 165

CHAPTER X.

MISCELLANEOUS MATTERS AND PROCEEDINGS.

ENFORCING APPEARANCE by Defendant who is out of the

Jurisdiction-by Defendant who has absconded.-SERVING

COPY BILL on Defendant-Effect thereof and Proceedings

thereon.-TAKING BILL PRO CONFESSo-In what Cases-

Proceedings to take Bill pro Confesso, where Defendant in

Custody Decree-Proceedings in the Case of Peers and

Members of Parliament-Corporations-Proceedings to take

Bill pro Confesso where Defendant in Custody of the War-

den of the Fleet-Where in any other Custody-Within

what Time the Proceedings to take Bill pro Confesso must

be taken-Consequence of their not being taken in Time-

How to proceed to take Bill pro Confesso against a Defend-

ant who absconds-Subsequent Proceedings in the Case-

As to Decree on Bill taken pro Confesso.-SECURITY FOR

COSTS-In what Cases Defendant entitled to-How waived

-How Order for, obtained-How proceeded on-How Se-

curity given—In what Amount-How Proceedings taken

against the Sureties-ELECTION TO PROCEED-In what

Case Plaintiff put to his Election in which of two Suits he

will proceed-When Defendant may take the necessary Pro-

ceedings-Order to Elect and Proceedings thereon-Special

Election-Mortgagee not put to Election-Mode of staying

Proceedings where several Suits in Chancery for the same

Thing.-DISTRINGAS to restrain Transfer or Sale of Stock-

Effect of, and how obtained.-EXAMINATION PRO INTERESSE

SUO-In what Cases resorted to.-PROCEEDINGS IN FORMA

PAUPERIS-Order for, how obtained-Effect of Order—

Motion to dispauper a Party-Costs of Proceedings in Formá

Pauperis.-INFANT, GUARDIAN, AND MAINTENANCE-In

what Cases Application for Guardian and Maintenance usually

made-How made in a Suit-How if no Suit be pending-

In what Cases Order will be made without instituting a Suit

-In what Cases a Reference to the Master will be ordered-

Petition for Appointment of Guardian and Maintenance-

Proceedings before Master-Report-How confirmed, &c.

Application for increased Maintenance-As to Maintenance

allowed when Infant's Father alive-Mode of appealing

against the Master's Decision.-PAYING MONEY IN AND

OUT OF COURT-How Money paid in-Investment of it—

And of Accumulations-As to Transfer of Stock into the

Name of Accountant-General-How Money received out of

Court-Power of Attorney to receive it-In case of Small

Sums-Proceedings where Money payable to a Married

Woman-Examination of her by Commissioners - How con-

ducted-Order for Payment of the Money-As to Annui-

tants, &c. entitled to Dividends-Transfer of Stock out of

Court-Where a Married Woman entitled to it.-OF SOLI-

CITORS their Bills-their Retainer.-COSTS.

178

The Country Attorney's Practice in Matters on the

Crown Side of the Court of Queen's Bench.

CHAPTER I.

CRIMINAL INFORMATION.

Ex officio Informations-Criminal Informations-For what

Offences-Affidavits to ground Motion for-In the Case of

Newspaper Libels-Notice of Motion against Magistrates—

When Motion to be made-Service of Rule Nisi-Moving

to make it absolute-How Motion disposed of-Filing In-

formation-Recognizance-Proceedings to compel Defend-

ant's Appearance-Where Defendant in Custody-Proceed-

ings to obtain Sentence where Defendant suffers Judgment

by default - Prosecutor's Proceedings where Defendant

pleads-Trial, &c.-How Prosecutor reimbursed his Costs

where Defendant fined-When Prosecutor liable to Costs.-

DEFENDANT'S PROCEEDINGS-Showing Cause against a

Rule Nisi-Enlarging Rule-Affidavits in Answer-Ap-

pearance-As to defending or suffering Judgment by De-

fault-Affidavits in Mitigation-In what Cases Defendant

entitled to Costs-To what Amount-When New Trial may

be granted.

236

CHAPTER II.

QUO WARRANTO INFORMATIONS.

Of the Writ of Quo Warranto-Its disuse-Information in

the Nature of Quo Warranto-For what Offices-Applica-

tion for Leave to file-Of the Relator-Affidavits to ground

Motion-Proceedings to make Rule Nisi absolute-Inform-

ation Recognizance-How to enforce Defendant's Appear-

ance Of the Pleadings-The Trial-Judgment-Costs-

Effect of vacating the Office pending the Proceedings

CHAPTER III.

INDICTMENTS REMOVED BY CERTIORARI.

253

On what Grounds and on whose Application Certiorari will be

granted-How Affidavit for the Purpose should be framed—

At what Time the Writ should be applied for and presented

-Recognizance-Proceedings after Removal by Prosecutor

-Proceedings after Removal by Defendant-Effect of Re-

cognizance-As to giving Notice of Trial and taking down

Record-Trial-Effect of Acquittal-Bringing Defendant

up for Judgment on Conviction-Costs of the Day-Who

entitled to Costs of the Prosecution-Proceedings to Tax,,

Demand, and Recover them-As to applying for a Portion

of Fine-Licence for Queen's Counsel or Queen's Serjeant

to defend

258

CHAPTER IV.

SETTLEMENT AND OTHER CASES RESERVED AT SESSIONS,

AND CERTIORARI.

When the Sessions may reserve a Case for the Opinion of the

Court of Queen's Bench-Reason and Origin of the Practice

-How Case settled-How brought before the Court of

Queen's Bench-Within what Time Certiorari must be ob-

tained-Notice to Justices-Becognizance-How Applica-

tion for Certiorari to be made--Removal of Order-Rule

Nisi to quash Order-Service and Affidavit thereof-In-

structing Counsel-Argument-How Costs paid if Order

quashed-How if Order confirmed-Advantage of having

Judgment of Sessions in Party's Favour-How Costs taxed

and recovered-Re-hearing or Re-statement of Case-As to

Certiorari to remove Orders where no case reserved-Re-

moval of Proceedings from Sewers and other Courts-In

what Cases the Court receives Affidavits, in order to decide

on the Validity of an Order-How Certiorari in that Case

obtained-How Application disposed of-How Affidavits to

be entitled before and after Certiorari

268

CHAPTER V.

MANDAMUS.

Nature and Object of the Writ of Mandamus-In what Cases

it may be obtained-Motion for leave to issue it-Must be

grounded on a Refusal by the Party moved against to do

what is required-Showing Cause against Rule-How

Motion disposed of Issuing and Service of the Writ-As

to Necessity for obeying it-In what Cases an Excuse re-

turned-Returning Mandamus where Writ obeyed-How to

proceed to return it where not obeyed-Prosecutor's Pro-

ceedings on Return coming in-Effect of a Return which is

sufficient and also true-How to proceed where Return in-

sufficient-Peremptory Mandamus-Modes of proceeding

for a False Return-Action on the Case-Plea to or Tra-

verse of the Return-Damages-Costs of Action and Pro-

ceedings on Traverse of or Plea to Return-Peremptory

Mandamus after Judgment-How to compel Return to Man-

damus-As to proceedings in case of Adverse Claims-As

to Applications for Costs of Motions for and Writ of Man-

damus under stat. 1 W. 4, c. 21, s. 6

278

The Practice as to issuing a Country Fiat in Bank-

ruptcy.

Observations shewing why delay is to be avoided in striking a

Docket-What Solicitor to be satisfied of before Proceeding

-As to Petitioning Creditor's Debt-As to Trading-As to

Act of Bankruptcy-Docket Papers-Affidavit of Debt by

Petitioning_Creditor-Petition for Fiat-Bankrupt's De-

scription-Before whom Affidavit should be sworn-Com-

missioners-As to Place where Fiat to be worked-Strik-

ing Docket-Effect of it-How long it excludes others—

How long docket in force-Within what Time Fiat to be

opened

291

The Fractice of Country Attornies with respect to

the Acknowledgment of Deeds by Married Women.

In what Cases Deed executed by a Married Woman must be

acknowledged-Before whom-Enactment as to perpetual

Commissioners-In what Places they may act-Special

Commissioners-Examination of Married Woman-Memo-

randum of Acknowledgment-Certificate of Acknowledg-

ment, &c.-Affidavit thereof, and as to filing Certificate and

Affidavit-Power of Court of Common Pleas to make Rules

to regulate mode of Examination, &c.-Rules made in pur-

suance thereof-PRACTICAL DIRECTIONS-Memorandum

on Deed-Certificate of Commissioners-Examination of the
Married Woman-Modes of Examination, and of taking the
Acknowledgment under various Circumstances-As to the
Affidavit of Acknowledgment, &c-Within what Time Cer-
tificate and Affidavit must be filed-Special Commission to
take Acknowledgment in England or Wales-The like where
Acknowledgment to be taken out of the Kingdom-Fees
payable to perpetual Commissioners-Other Fees payable
under Rules of Court

301