Clergyman, action against-continued. fi. fa. de bonis eccles. for residue, 588. return by bishop of fi. feci to a ti. fa. de bonis eccles., 588. Cognovit : form of, in general, 670. the like, with a relictâ verificatione, 671. the like, by an executor admitting assets, 559. affidavit of execution of cognovit, 671. judgment by cognovit, 671. the like, after issue, with a relictâ verificatione, 672. the like, against executor or administrator, 559. execution on judgment, 672. Collision of ships: indorsement of claim for damage to ship, 657; to cargo, 657; to person, 657; under Lord Campbell's Act, 657. Preliminary Act, 657. statement of claim, 108. Commission earned, indorsement on writ of claim for, 37. Commission for examination of witnesses abroad : application for, 305; affidavit in support, 305. short form of order for, 306. long form of order for, 307. order by consent for reading depositions taken in another action, 309. form of the commission, 309. oath of witness, 311; of commissioner, 311; of interpreter, 311; of clerk, 312. cross interrogatories on, 313. proceedings by commissioners, 315. notice of examination, 314. compelling attendance of witnesses, 315. certificate of commissioners, 315. order for article to be sent out for identification, 317. Commissioner for oaths, jurat of affidavit sworn before, 751. Committal and attachment, 469. Committal under "Debtors Act, 1869," s. 5...433. Common jury. See "Jury." Company: application for discovery of documents against, 247. application for leave to deliver interrogatories to, 266. special indorsement for allotment money and calls, 48. charging shares in, with judgment, 476 et seq. notice to, to stop transfer of stock or dividends, 482. Company, Banking, entitled to sue or be sued in name of public officer: writ of summons by public officer, 521. statement of claim, 521. judgment for plaintiff, 521; execution thereon, 521. writ of summons against public officer, 522. statement of claim against, 522; statement of officer's resignation, 522. judgment against public officer, 522; execution thereon, 522. application for execution thereon against present member, 523. affidavit in support, 523; order, 524. application for execution against former member, 524. affidavit in support, 525. fieri facias against member pursuant to order, 525. Company established by Letters Patent, proceedings by or against: writ of summons, 526; statement of claim, 526. proceedings against members, 526. Company, Railway, or the like, under Companies Clauses Consolidation Act, 1845, and Companies Clauses Act, 1863: writ of summons and other proceedings by or against, 527. indorsement on writ in action for calls, 527. statement of claim in action for calls, 48, 527. suggestion of change of name pending action, 527. Company, Railway, &c.-continued. judgment against the company and execution thereon, 527. Company registered under Companies Acts, 1862 to 1900: affidavit of service of writ on defendant company, 532. statement of claim by company against member for calls, 48. application for security for costs under Companies Act, 1862, s. 69...533; application to stay action against company after petition or resolution to wind transfer of action after winding-up order, 206. writ of summons in action by shareholder suing on behalf of himself and the affidavit for leave to register mortgage or charge after expiration of 21 days, application to rectify register of members, 536. Compelling attendance of witness, 327; before examiner, 293, 299; before Compounding penal actions: notice to crown officer of motion for leave to compound, 229. the like notice to treasury solicitor, 229. affidavit in support of motion, 230. order thereon, 231. Confession by plaintiff of defence, 140. Confession or cognovit and proceedings thereon, 670. Consent by defendant to judge's order, 667. Consent to be joined as plaintiff, 512. See "Cognovit." Consent to be next friend of infant, 564; of person of unsound mind, 571. Consent to be guardian ad litem of infant, 567; of person of unsound mind, 573. Consent to be relator in action, 665. Consent to landlord continuing in possession under distress, 626. Consideration for bill or note, interrogatories as to, 268. Consolidating actions, 201. consolidation order in actions on policy of insurance, 202. judgment on consolidation order, 204. summons to consolidate libel actions, 205. Constables and officers: demand of copy, &c. of warrant, 25, 26. certificate to entitle constable to full indemnity for costs where he obtains a Contempt, attachment or committal for, 469 et seq. Contract, forms of statement of claim in actions for breach of, 104 et seq. Contribution, indorsement on writ of claim for, by co-surety, 37; by co-debtor, 37. party proceedings.' Conversion of goods, statement of claim for, 107. Conveyancing and Law of Property Act, 1881, s. 14: notice by lessor before enforcing right of re-entry, 616. See " Third summons for relief from forfeiture under, 617; affidavit in support, 618; order giving relief. 876 et seq. Copy of document, agreement to read, 241. Copy of warrant, demand of, from a constable, &c., 25, 26. Copyhold, indorsement on writ for fines, 37; for purchase-money of premises sold and surrendered, 37. Copyright, indorsement on writ for infringing, 41. statement of claim for infringing, 109. particulars of objections to, in action for infringing, 190. Coroner, direction of writ to, 474. notice to, to return writ of attachment directed to, 412. Corporate city or town, direction of writs to sheriff of, 393. Corporations, actions by and against, 520. affidavit of service on officer of, 76; on officer of foreign, 520. discovery of documents from, application for, 247; affidavit of documents discovery in aid of execution against, 452. sequestration against, 436, n. ; attachment against officers of, 469, n. Costs in general, 360. security for costs, 195; for costs of discovery, 279; of appeal to Court of notice of motion to deprive successful party of, after trial by jury, 360. summons for, under R. S. C., Ord. LXV. r. 12...361. notice of intended taxation of, 361. affidavit of increase in special jury cause at assizes, 361. certificate of taxation, 365. review of taxation, 17, 18, 365. execution for costs, 365. See "Execution." Costs in particular actions or cases. See the different titles. Costs, indorsement of, on writ of summons, 34, 36. indorsement of, on fi. fa., 391. Costs, taxation of solicitor's bill for, 6 et seq. See "Solicitors." Counsel, notice of attending inquiry by, 685; of attending summons by, 730; Counter-claim: In ordinary cases: form of, where set up together with a defence, 124. form of, where set up alone, 125. form of, for money lent, 128; for damages for breach of contract of Where third person is made party to counter-claim: form of, 126. notice to be indorsed on counter-claim against such person, 127. appearance by such person thereto, 127. reply by such person, 127, 131. application to strike out or exclude, or to have separate trial of, 128, 200; application to amend, or to strike out as embarrassing, 128, 136-8. application to remove cause from inferior Court on ground of counter-claim Countermand: application for leave to countermand notice of trial, 336; notice of application for leave to countermand notice of inquiry, 684; notice of replevin in, 628 et seq. See "Replevin." removal of action of replevin from, 637 et seq. See "Replevin." removal of other actions from, before judgment, 810 et seq.; after judgment appeals from, 783 et seq. See Appeals from County Court." prohibition to, 790 et seq. See "Prohibition. transfer of action of contract to, 798 et seq. ; of action of tort to, 802 et seq. ; application to stay action against high bailiff, 183; affidavit in support, 183.. Court of Appeal, 488 et seq. See “ Appeal to Court of Appeal." Court, applications to the, 722 et seq. See "Motions and Orders." Covenant, indorsement on writ for breach of, 42. special indorsement for money payable under, 47. notice of breach of, before action to enforce forfeiture, 616. orders giving relief, 876 et seq. Coventry, direction of writs to sheriff of Warwick, 393. Covering mares, indorsement on writ for, 38. Cows, indorsement on writ for bulling of, 37. Criminal process, order for bringing up witness in custody on, 332. Crops, indorsement on writ for price of, 38; notice of distress on growing, 626; appraisement, 627. Cross-interrogatories on commission to examine witnesses abroad, 313. Crown, compounding penal action where part of penalty goes to, 229. See petition of right to, 660. See "Petition of Right." Custody of subject-matter of action, application for order as to, 224; order order for bringing up witness in custody on criminal process, 332. D. Damages, assessment of, by reference to Master or Referee, 679; by writ of De bonis ecclesiasticis, fi. fa., &c., 583. Death of party to action: before judgment, proceedings thereon, 514. after judgment, application for execution, 457. Death from accident, action for : indorsement of claim on writ, 43, 657. plaintiff's particulars in, 187. by collision at sea, preliminary act, 657. Debt and costs, order for stay on payment of, 177. Debts, attachment of, 458. See "Attachment of Debts." Debtors Act, 1869, s. 5, proceedings for committal under, 433. Debtors Act, 1869, s. 6, proceedings to arrest under, 772. See "Arrest." Declaration by solicitor that writ was not issued by him, &c., 68; the like, that it was issued by him, 69. Deed, special indorsement for money payable under covenant in, 47. Deed of submission to arbitration, 853. Defamation, indorsement on writ for, 41. notice of intention to rely on apology, 190. particulars in mitigation of damages, 191. Default in appearance, 75. See “ Appearance, proceedings in default of." 1. Where plaintiff makes default: summons to dismiss action for want of prosecution in default of delivery order dismissing action for want of prosecution, 146. judgment for defendant for costs when action dismissed for want of execution on a dismissal for want of prosecution, 147. 2. Where defendant makes default: judgment in default of defence in action for debt or liquidated demand, 147. interlocutory judgment in default of defence to claim for pecuniary application for leave to sign judgment for part of claim admitted, 150; judgment against executor or administrator in default of defence, 551. judgment against married woman in default of defence, 578, n. Default in pleading—continued. 2. Where defendant makes default-continued. judgment in default of defence in action for recovery of land, 606; in judgment by default in other cases, 150. motion for judgment in default of pleading, 371. judgment on motion for judgment, 371. execution on judgment by default, 151. application to set aside judgment signed in default of defence, 151; 3. Where parties to issue other than plaintiff or defendant make default, defence of accord and satisfaction, 118; tender before action, 118; forms of, to actions for breach of contract or duty: denials, 119; carrier, 119; charter-party, 120; contributory negligence, forms of, to actions for injunctions, damages, &c. founded on wrongs: forms of, to actions for recovery of land, 122, 605. of payment into Court in satisfaction of claim, 164, 165; with denial appropriating money paid into Court under Ord. XIV., 166. of tender, 167; of tender of amends, 518. of matter arising after action brought, 139. notice of special, in action for trial without pleadings, 701. set-off, counter-claim, infancy, coverture, fraud, 701; statute of limita- tions, discharge in bankruptcy, 702. application for further time to deliver, 115; order thereon, 115. application for leave to plead not guilty by statute together with other amendment of, 136; striking out, 138. form of amended, 138. judgment in default of, 147 et seq. Defendant, execution for : præcipe for fi. fa., 447. fi. fa., 447; the like, after levy of part, 448. elegit, 449; ca. sa., 449. renewal of writ, 449; notice of, 449. Del credere agent, indorsement on writ against, for goods sold, &c., 38. Delivery and Taxation of solicitor's bill, 6. Delivery up of property detained under lien or as security, application for, 227. Delivery up of securities held by solicitor, application for, 20. Delivery, præcipe for writ of, 433. writ of, 433; writ of delivery or assessed value, 434; the like, including Demand of perusal and copy of warrant from constable, 25; from gaoler, 26; from rate-collector, 26. Demand on solicitor to ascertain whether he authorized writ, 68. Demand of security for costs, 195. Demurrage, indorsement on writ for, 38. Deposit of deeds in central office, order for, 225. of property in Bank of England, 225. order for inspection of property deposited, 225. |