Detinue: indorsement on writ for, 41. statement of claim for, 108. interlocutory judgment for, in default of appearance, 81: of defence, 148. judgment for plaintiff after trial, 374. fi. fa. and distringas in detinue, 394. the like, including damages and costs, 435. Berwick-upon-Tweed, Bristol, Canterbury, Carmarthen, Chester, Cinque Directions: summons for, 153; in commercial causes, 158. order for, 155; in commercial causes, 158. notice of application for further, 156, 159. summons to dismiss action for neglect to apply for, 156. in third party proceedings, application for, 213; order for, 213, 214. upon claim for contribution, &c., against co-defendant, 216, 217. on giving leave to defend under Ord. XIV., 94, n. upon application for statement of claim under Ord. XVIIIA., 700. after removal of action from inferior Court, 814. Discharge from custody, application for, 781. Discontinuance : notice by plaintiff of, 160. application by plaintiff for leave to discontinue, 161; order thereon, 161. judgment for defendant for costs on discontinuance before reply, 161. execution for defendant's costs, 162. summons to stay subsequent action until costs of discontinued action paid, 163. affidavit of documents, 248, 249; application for, 247; against corporate further and better affidavit, 255; 'application for, 255; order for, 257. affidavit as to specific documents, 256; application for, 255; affidavit in objections to produce documents on ground of privilege, 250. claim to seal up part of document, 255. notice to produce documents for inspection, 259. notice allowing or refusing inspection, 259. application for order for inspection, 260. affidavit in support, 261; order thereon, 262. notice to produce document for inspection by master, 260. application for production of ship's papers, 262; order thereon, 263. order for verified copy of entries in business book, 264; affidavit verifying security for costs of discovery, 279. proceedings on failure to obey order for discovery, 282. Discovery by Interrogatories, 266 et seq. Discovery in aid of execution: See "Interrogatories." summons for examination of judgment debtor, 452. order thereon, 453. appointment of time and place of examination, 453. Distress : warrant to distrain for rent, 625. inventory of goods distrained, 625. notice of distress, 625. the like, on growing crops under 11 Geo. 2, c. 19, s. 8...626. tenant's consent to landlord continuing in possession under, 626. declaration by lodger under 34 & 35 Vict. c. 79...627. proceedings in replevin on, 628. See "Replevin." indorsement on writ for wrongful, excessive or irregular, 41. District Registries, proceedings in: ordinary writ of summons, 760. specially indorsed writ, 762. writ for service out of the jurisdiction, 763. specially indorsed writ for service out of the jurisdiction, 764. pleadings, 767. summons, 767; notice of application, 767. reference by Registrar to Judge, 768. notice of appeal from Registrar to Judge, 768. notice of removal of action from Registry when removed as of right, 768. certificate that defence not delivered, &c., 769. summons to remove action to or from Registry, 769. notice of defendant's address for service in London, 770. entry for trial in Registry, 770. judgment, 770. execution, 771. Distringas, proceedings in lieu of writ of: affidavit as to beneficial interest in stock, 481, 482. notice to stop transfer of stock, 482. summons to discharge notice, 483. Distringas nuper vicecomitem quod venditioni exponat, 399, 400. admission of, 238. discovery of, 247. production and inspection of, 259. notice to produce at trial, 244. certificate that refusal to admit document was reasonable, 354. order for attendance of witness with, 291. subpoena duces tecum, 328. Double rent, indorsement on writ of claim for, 38. Dower, writ of summons in action for, 644; writ of inquiry on judgment by 645; inquisition thereon, 645. Driving, claim for negligent, 43. E. East Indies, mandamus to examine witnesses in, 323. Ejectment in ordinary cases: writ of summons and indorsement in action for recovery of land, 597; notice by tenant to his landlord of ejectment brought, 597. appearance by defendant named in writ, as to whole claim, 598. the like, limiting defence to part of property claimed, 598. notice limiting defence to part of property claimed, 598. affidavit by party not named in writ for liberty to appear, 598. appearance by landlord not named in writ, 599. the like, by person, other than landlord, not named in writ, 599. C.F. 57 Ejectment in ordinary cases-continued. summons to stay proceedings until costs of a previous action paid, 600 service out of the jurisdiction and substituted and other service, 601. judgment in default of appearance as to part of land claimed, 603. judgment thereon, 604. warrant of attorney, 604. summons and order for appointment of receiver until after trial, 221, 222. defence, 605; form of, in R. S. C., App. D., 122. judgment for plaintiff in default of defence, 606. judgment for plaintiff after trial by jury, 606. the like, for plaintiff as to part, for defendant as to residue, 607. the like, for defendant, 607. præcipe for writ of possession, 608. writ of possession, 608. præcipe for writ of possession and fi. fa. combined, 609. writ of possession and fi. fa. combined upon judgment for plaintiff, 609. fi. fa. for costs, 610 sheriff's warrant on writ of possession and fi. fa. for costs, 610. return, that no person came to point out premises, 611. the like, that sheriff has delivered possession, 611. return to writ of possession and fi. fa. for costs of execution of writ, 611. writ of restitution, 611. writ of assistance, 612. Ejectment by Landlord on termination of tenancy: notice to quit by landlord, 613. the like, by joint-tenant, &c., to determine tenancy of moiety, &c., 614. acknowledgment of title to bar statute of limitations, 615. proceedings under Ord. XIV. : special indorsement on writ of summons, 112. affidavit in support of application for judgment, 87. summons for leave to sign judgment, 88. order thereon, 91. judgment for possession and costs, 615. execution thereon, 616, 608 et seq. other proceedings, 597 et seq. See "Ejectment in ordinary cases." Ejectment by Landlord upon forfeiture for breach of covenant to which Conveyancing Act, 1881, s. 14, applies: notice before enforcing right, 616. summons for relief from forfeiture, 618. affidavit in support of summons, 618. order for relief, where defendant has remedied breach, 876. the like, conditional on defendant remedying breach, 877. the like, adjourning summons for defendant to remedy breach, 878. summons for vesting order under Conveyancing Act, 1892, s. 5...618. other proceedings, 597 et seq. See "Ejectment in ordinary cases." writ of summons, &c., 619, 42. special indorsement on writ, 875. affidavit in support of summons for judgment under Ord. XIV., 876. summons, 88; order for judgment, 91; judgment, 615. proceedings where the C. L. P. Act, 1852, s. 210, applies: affidavit to obtain judgment in default of appearance, 620. the like, where possession is vacant, 621. order for leave to sign judgment, 621. appearance and other proceedings, 621. See "Ejectment in ordinary cases." Ejectment by Landlord upon forfeiture for non-payment of rent-continued. Ejectment by Mortgagee : summons to stay proceedings on payment of mortgage money, 623. order thereon, 623. order to stay proceedings on payment of debt and costs, and for reconveyance note in writing controverting right to redeem, &c., 624. Elegit on judgment for Plaintiff præcipe for, 416. general form of writ of, 417. elegit for part, after former levy, 418. renewal of elegit, 418; notice to sheriff of renewal, 419. return to elegit, that defendant has no lands, &c., 420. award of elegit, and return of inquisition thereon, 422. re-elegit, writ of, 424. entry of quashing inquisition, for defects, and award of new writ, 425. entry of award of fi. fa., and levy of part, and award of elegit for residue, and return of inquisition, 425. elegit for residue, after a fi. fa., 426. Elegit on order for payment of money and costs, 742. Elegit on judgment or order of inferior Court removed, 827 et seq. Elisors, direction of writ to, 392. attachment against coroners directed to elisors, 413. Ely, isle of, direction of writ to sheriff of Cambridgeshire, 393. affidavit of execution thereof, 869. Entry for trial, 348; in district registry, 349; consent to withdraw, 348. consent to, 386; affidavit verifying consent, 386. master's fiat, upon production of affidavit, 386. summons to obtain, 387; affidavit in support, 387; order thereon, 387. Equitable execution by appointment of receiver: affidavit in support of application for, 437. affidavit of fitness of proposed receiver, 439. summons for appointment of receiver, 440. order appointing receiver, 440. receiver's bond with company as surety, 442; with two sureties, 444. receiver's affidavit verifying his account, 445; verifying nil account, 446. Erasure in affidavit, 749. Establish title, indorsement on writ of claim to, 42. Estate sold, indorsement on writ for price of, 38. Evidence: admission of facts, 234; of documents, 238. discovery of documents, 247; production and inspection, 259. interrogatories, 266. inspection of banker's books, 284. inspection of property, 224. examination of witnesses before trial, 288; when abroad, 305. notice to produce documents at trial, 244. steps to compel attendance of witnesses, 327. Evidence by Commission Act, 1859, proceedings under, 304. in aid of execution, 452, 453. Examination of witnesses or parties: 1. Within the jurisdiction of the Court: application for order for examination, 288. affidavit to obtain order, where witness going abroad, 288. order for examination vivâ voce, 290. Examination of witnesses or parties-continued. 1. Within the jurisdiction of the Court-continued. order for attendance to produce document, 291. appointment of examiner of Court to hold examination, 291. appointment of time and place for examination, 292. notice of such appointment, 292. subpoena ad testificandum, 293. subpoena duces tecum, 293. præcipe for habeas corpus ad testificandum before examiner, 294. oath to be administered to witness, 295. affirmation by witness, 296. the depositions, 296. certificate of examiner, 296. the like, where witness refuses to sign depositions, 296. consent to employinent of shorthand writer, 297. the depositions where shorthand writer employed, 298. the like, of refusal by witness to answer questions, 300. special report of examiner, 300. notice of intention to use examination, 300. affidavit of absence of witness on inability to attend, 301. notice of intention to use examination taken in another action, 301. (A.) Examination on commission: application for commission, 305. affidavit to obtain order, 305. short form of order, 306. long form of order, 307. order by consent for reading depositions taken under commission in another action, 309. præcipe for commission, 309. commission thereon, 309. commissioner's oath, 311. interpreter's oath, 311. clerk's oath, 312. interrogatories for the examination of witnesses, 312. cross interrogatories on commission, 313. notice of examination to be given by commissioner, 314. proceedings by commissioners, notice of time and place appointed by them for the examination, 315. compelling attendance of witnesses, 315. certificate of commissioners, 315. order for article to be sent out for identification, 317. (B.) Examination on letter of request: application for order, 318. order for issue of letter of request, 318. letter of request, 318. solicitor's undertaking as to expenses, 319. interrogatories to accompany letter of request, 320. appointment of examiner, 320. (C.) Examination under mandamus in King's dominions abroad: affidavit to obtain mandamus, 320. order for mandamus to Jamaica, 321. mandamus thereon, 321. order for mandamus to India, 322. mandamus thereon, 323. interrogatories on a mandamus, 324. |