Affidavit of service of writ. See "Appearance, proceedings in default of." Affirmation instead of oath, on giving evidence vivâ voce, 756; before examiner, Agent, indorsement on writ for damages for breach of contract to employ, 41; 41. Agistment, indorsement on writ for, 37. Agreement of reference, 848. See "Arbitration by Consent." Agreement between parties to try questions of fact without pleadings, 695. Alias ca. sa., 429. Alias fi. fa., 397. Allocatur of master, 16; interim certificate, 16. proceedings to enforce payment of allocatur, 18. See " order for judgment on allocatur, 19; judgment thereon, 19. Amendment: Amendment by parties of their own pleadings: 'Inspection;" application to disallow amendment made without leave, 136. form of amended pleading, 138. Compelling amendment, &c., of pleadings of opposite parties : application to set aside pleadings as irregular, 173. Amendment of proceedings and setting aside proceedings for irregularity: application to set aside proceedings for irregularity and affidavit in Amendment of writ of summons: application and order for leave to amend, 66. præcipe for amended writ, 67. Amendment at trial, 353, 354. Amendment as to parties, 511 et seq. See "Parties." Amendment of judgment, 381. Amends, tender of, before action : notice of, 26. notice giving opportunity for, 27. acknowledgment of receipt of amends in satisfaction, 27. Ancestor, action on bond, &c., of, 561. See "Heir." Answer to interrogatories, 273. See "Interrogatories." Apology, notice of intention to give evidence of, in action for libel, 190. Appeal to the Court of Appeal : notice of motion on appeal from Chambers or Divisional Court, 488, 735; the like, pursuant to leave, 489. on appeal under Workmen's Compensation Acts, 787. for leave to appeal after time has expired, 490. for security for costs of appeal, 490. to dismiss appeal in default of security for costs, 491. to stay proceedings pending appeal, 491. for new trial, after trial with jury, 366; after trial without jury, 367; to set aside judgment directed and enter other judgment, 370; order memorandum for entry of appeal, 490, 788. notice by respondent of intention to contend that the decision of the court notice of intention to apply for leave to produce fresh evidence on hearing of order of Court of Appeal dismissing appeal, 493, 789; allowing appeal, 494, consent that motion may be heard before two judges, 494. C.F. 56 Appeal to the House of Lords: schedule to petition, 496. notice of intention to appeal, 497. certificate of service of such notice, 496. affidavit of service of order to lodge cases, 497. certificate of sufficiency of sureties, 498. certificate of service of copy thereof, 499. notice to be indorsed on copy thereof before service, 500. affidavit of justification of sureties, 500. petition for extension of time to lodge cases, 501. notice of intention to present such petition, 500. consent to such petition, 502. the appellant's case, 502. the appendix, 504. the respondent's case, 504. certificate by agent lodging separate case for one respondent, 505. incidental petitions, 506. notice of appellant's intention to apply for repayment of deposit, 508. order making order of House of Lords an order of High Court of Justice, 510. notice of appeal, 733; notice that respondent will appear by counsel, 735; Appeal from District Registrar to Judge at Chambers: notice of appeal, 768, 733. Appeal from Judge in Chambers : notice of appeal to Court of Appeal, 735. notice of appeal to Divisional Court, 736. Appeals from County Courts: 1. In County Court actions: notice of motion on appeal, 783. order allowing appeal, 786. order dismissing appeal, 787. 2. Under Workmen's Compensation Act : notice of motion on appeal, 787. memorandum of entry of appeal, 788. order dismissing appeal, 789. Appearance in Action: memorandum of appearance where defendant appears by solicitor, 71; where by third party served with third party notice, 210; notice of appearance, 211. by person served with order to carry on proceedings, 515. in action for recovery of land: appearance limiting defence to part of claim, 598; notice thereof, 598; order for leave to appear, 599; affidavit to obtain order, 598; appearance in action removed from inferior court, 642, 814. summons and order to set aside appearance entered by defendant giving an solicitor's undertaking to appear, 74. attachment against solicitor for not entering, pursuant to undertaking, 74. Appearance, proceedings in default of, 75 et seq. affidavit of personal service of writ and of indorsement of service where defendant served within jurisdiction, 76. affidavit of service on officer of corporation, 76. affidavit of service on a limited liability company, 77, 532. affidavit of service on foreign corporation, 520. affidavit of service on partner in firm, 541. Appearance, proceedings in default of-continued. affidavit of service on manager of partnership firm, 540. affidavit of personal service out of jurisdiction, 78. affidavit of service of notice in lieu of writ out of jurisdiction, 78. affidavit of service by advertisement, 79. affidavit of service, in action against infant, 568. affidavit of service, in action against person of unsound mind, 572. affidavit of service in ejectment action where premises vacant, 601. judgment in default of appearance where writ indorsed for liquidated demand, interlocutory judgment in default of appearance where claim for damages, final judgment in default of appearance where claim for damages, after assess- summons to set aside judgment signed for default of appearance, 83; affidavit Appearance at trial, proceedings in default of: judgment for plaintiff where defendant fails to appear, 380. certificate of officer where plaintiff fails to appear, 380. Appearance in ejectment action, 598 et seq. judgment in default, 602, 603. Appearance in replevin, 633. Appearance on removal of cause from inferior court, 642, 814. Appearance, notice not to appear, 233. Appearance, attachment against solicitor for not entering, pursuant to under- taking, 22. Applications at Chambers, 729 et seq. Applications to Divisional Court, 722 et seq. Applications to Court of Appeal, 488 et seq. Applications to House of Lords, 495 et seq. Applications in particular cases. See the particular titles. Appraisement of growing crops, &c., under a distress, 627. Apprentice, indorsement on writ for breach of apprenticeship deed, 41. Arbitration by Consent: action brought contrary to agreement to refer, application to stay, 185; order of reference, at chambers, 843; at nisi prius, 844; the like, in another agreement to refer, where no action pending, short form of, 848; special deed of reference, 850; bond of submission where all matters in dispute provisions generally implied in submission, 848. appointment of arbitrator, notice requiring, 852; appointment, 852; appointment of third arbitrator, 851; of umpire, 851. substitution of new arbitrator, application for, 857. leave to revoke submission or arbitrator's authority, application for, 853. attendance before arbitrator, his appointment of time and place for, 854; subpoena ad testificandum before arbitrator, 855; subpoena duces tecum, oath by witness before arbitrator, 858; the like, in another form, 858; enlargement of time for making award, 857; application at chambers for, Arbitration by Consent-continued. award upon submission by agreement and subsequent agreement enlarging umpirage under agreement for reference, 863. award under order at nisi prius, where verdict taken subject to award, and arbitrator's certificate of amount of damages in action for unliquidated claim, award of verdict on several issues, 865; of damages in action where no award that plaintiff has good cause of action on some paragraphs of statement award of entry of judgment, 867. award that one party pay sum to the other, and that all claims be released, award against executor or administrator, 867. special case, application to compel arbitrator to state, 867; statement of, enforcement of award, application for, 868; affidavit in support, 868. affidavit of due enlargement of time for making award, 869. judgment on award on reference before trial, 870; on reference at trial, 870. remitting award, notice of motion for, 871; affidavit in support, 872; order remitted award, award confirming, 873; award amending, 873. setting aside award, notice of motion for, 872; affidavit in support, 872; removing arbitrator for misconduct, notice of motion for, 874; affidavit in Argument: entry for, of points of law raised by pleadings, 143. entry for, of special case, 692. notice of points for, 692. Array of jurors, challenge to, 354. Arrest under "Debtors Act, 1869," s. 6: affidavit by plaintiff to obtain arrest in ordinary actions, 772. the like, in actions for penal sums, 774. affidavit of issue of writ of summons, 775. order for arrest in ordinary actions, 775. indorsements to be made thereon before delivery to sheriff, 776. order for arrest in actions for penal sums, 776. indorsement to be made on order after arrest, 777. deposit by defendant of money in court, 777. bond to plaintiff in ordinary action, 778. the like, in action for penal sum, 779. particulars of proposed sureties and bond, 779. notice of objection thereto, 779. affidavit in support of such objection, 780. affidavit of sufficiency of sureties, 780. certificate of receipt of bond, 781. summons after arrest to rescind or vary order or discharge defendant, 781. notice to sheriff to return order, 782. return of non est inventus, 782. return of cepi corpus, 782. return of rescue, 782. Assault, indorsement or writ for, 41. Assessment of damages, 679. See "Reference; "Inquiry." Assets. See "Executors and Administrators." Assignment, new, abolished, 100. Assizes: notice of trial at, 334. notice of inquiry at, 684. order of reference at, 847. Associate, certificate of, after trial, 358. Attachment: notice of motion or application for leave to issue, 469. the like, when made at chambers, 470. summons for leave to issue, 470. affidavit to obtain, for not complying with order to answer interrogatories, or for discovery or inspection of documents, 471. affidavit to obtain, in other cases, 471. affidavit of service of notice of application, 472. order of judge giving leave to issue, 473. præcipe for writ of, 473. writ of, 473. alias and pluries writs of, 474. warrant. 475, 429. returns to writ of, 475, 431. for disobeying order to answer interrogatories, &c., 283. affidavit in support, 471. Attachment against Sheriff, or Coroner, for not returning writ, &c.: affidavit of service of notice, to obtain attachment, 410. notice of motion for attachment, 411; summons for, 411. order of court for attachment, 411; order in chambers, 411. Attachment against Coroners : notice to coroners to return attachment, 412. attachment against coroners, directed to elisors, 413. Attachment against Solicitor : for not entering appearance pursuant to undertaking, 22. for not giving his client notice of order for discovery, &c., 22. Attachment of Debts: summons for examination of judgment debtor as to debts due to him, 452; affidavit to ground application for attachment of debts, 458. order upon ex parte application for attachment of debts, 459. order for payment by garnishee or for execution against him, 460. affidavit by garnishee who disputes liability, 461. order for trial of issue, where garnishee disputes liability, 462. the like, for special case, 462. issue between judgment creditor and garnishee, 463. order requiring third person to state his claim upon debt, 464. order for trial of issue between claimant and judgment creditor, 464. judgment after trial of issue, 465. fi. fa. against garnishee when debt not disputed or garnishee does not appear, affidavit to ground application for attachment of debts due to garnishee, 466. Attorney-General, action by, on relation: title of action, 664. preliminaries to issue of writ, 664. certificate of counsel that action is proper, 664. certificate that amendment is proper, 665. certificate of solicitor as to relator's competency, 665. consent of relator to use of his name, 665. Attornment, 613. Authority of solicitor, proceedings to ascertain whether writ issued by, 68; application to stay unauthorized action, 181. Authority, action against Public, 518. |