Motion to set aside judgment directed, and enter other judgment, 370; order thereon, 370. Motion, notice of, to deprive successful party of costs, 360. Names of parties, 30, 31, in notis. N. Names of partners in plaintiff firm, 542, 543. Names of viewers, request to sheriff for, 347. Negligence, indorsement on writ for negligent driving, 43. against railway company, 43; of solicitor, 43; under Lord Campbell's Act, 43, 657. statement of claim, 106, 108. New trial: notice of application for, after trial with jury, 366. grounds of application, to be stated in such notice, 367. notice of application for, after trial without jury, 367. order dismissing application for, 368. notice of new trial, 368. Newcastle-upon-Tyne, direction of writs to sheriff of, 393. Nisi Prius, trial at, 353. 66 Non-appearance to writ, 75 et seq. See Appearance, Proceedings in Default of." Non-appearance of party at trial, judgment thereon, 380. Not guilty by statute, application for leave to plead, 116. Notices in particular cases. See the particular titles. by defendant to have issues of fact tried by jury, 337. for a special jury, 344. by tenant of ejectment brought, 597. not to appear to writ of summons, 233. of action by solicitor, 23; by party, 25. giving opportunity for tender of amends, 27. of apology relied on in mitigation of damages for libel, 190; of other matters of application for further directions, 156; in commercial cases, 159. of appropriation to defence of money paid into court under Ord. XIV., 166. of award of arbitrator, 858. of change of solicitor, 2, 3. of countermand of trial, 336. of distress, 625, 626. of entry of appearance, 72; under protest, 541; by third party, 211. of entry for argument, 144. of inquiry, in dower, 645; in action on bond, 652. of inquiry to assess damages in London, 683. in Middlesex, 683. in the country, 683. at Nisi Prius, 684. at the assizes, 684. of continuance of, 684. of countermand of, 684. of attending by counsel, 684 in replevin, 633. of intention to use evidence taken in another action, 301. Notices in particular cases-continued. of intention to prove will by probate, 240; counter notice that devise by lodger under Lodgers' Goods Protection Act, 627. of motion, 722. of new trial, 368. of objections to taxation, 17. of objections to sureties or bond, 779. of payment into court, when made before defence, 163; in action without of report by referee, 833. of sureties in replevin, 628. of time and place for examination of witness : before examiner within jurisdiction, 292; abroad, 326. before commissioners abroad, 314. of taxation of costs, 361. of tender of amends, 26. giving opportunity for such tender, 27. of trial, 334. where one of several defendants has suffered judgment by default, 336. notice of countermand of trial, 336. of trial at bar, 339. of writ of summons in lieu of service out of jurisdiction, 57. that arbitrator will proceed, 854, 855. that security for costs required, 195. to admit facts, 235; notice of admission, 234, 235. to admit documents, 238; notice of admission, 239. to appear to counterclaim, 127. to appoint arbitrator, 852. to bank or company of order nisi charging stock, 479. to co-defendant of claim for contribution or indemnity, 215, 216. to company to stop transfer of stock, 482. to coroners to return writ, 412. to crown officer of motion to compound penal action, 229. to distrainor of goods or cattle intended to be replevied, 628. to inspect documents, 259. to manager of firm's business when served with writ, 540. to plaintiff of issuing and lodging of certiorari, 640. the like, as to sureties on removal, 640. to produce documents at trial, 244; for inspection, 259; for inspection by to quit, 613, 614. to sheriff of trial by special jury, 344. of renewal of fi. fa. 397; elegit, 419; ca. sa., 429. to return writ of fi. fa., 402; of ca. sa., 431. to retain money levied, 233. of claim to goods taken in execution, 711. that such claim admitted or disputed, 712. to third party of claim for contribution or indemnity, 209 to proceed, month's notice of intention to proceed, 759. statement of claim, 110, 111. Nulla bona, return of, 403. bond to indemnify sheriff for making, 415. 0. Oath : on swearing affidavit, usual form of, 754; two or more deponents, 754; Oath-continued. on stating matters to court, 756. on examination before examiner, 295; before commissioners, 311; before by interpreter, in court, 756; before commissioners, 311; on swearing by shorthand writer, 298; by clerk to commissioners, 311. affirmation in lieu of, on making affirmation in writing, 755; on giving Objections to patent, particulars of, 189. to copyright, particulars of, 190. Occupation or use of premises, indorsement on writ for, 40. Official referee. See "Referee." Opinion of counsel in pauper's action, 592. Oral examination, application for, when interrogatories not sufficiently answered, 277. Order of court, general form of, 725. Order of judge or master, general form of, 731. Orders in particular cases. See the particular titles. Orders, execution on: fi. fa. on order for payment of money, 741. fi. fa. on order for payment of money and costs, 741. fi. fa. on order for payment of costs only, 742. elegit on order for payment of money, or money and costs, 742. ca. sa. on order for payment of money or costs, 743. Originating summons, application by, 736. Oxford, direction of writs to, 393. P. Parliament, member of, action by or against, 517. of debt, expenses or damages exceeding 3 folios, 187. order for, in an accident case, 192. application for further and better, 193. application for leave to amend, 194. in action under Lord Campbell's Act, 187. of breaches in action for infringement of patent, 188. of premises for which ejectment is brought, or of premises defended, 600. of objections in action for infringement of patent, 189. of objections in action for infringement of copyright, 190. in action for libel, of matters on which defendant intends to rely in Parties, joinder of: Adding, Striking Out and Substituting Parties: application to add or substitute plaintiff, under Ord. XVI. r. 2...511. affidavit in support, 512. written consent to be joined as plaintiff, 512. application to add a party under Ord. XVI. r. 11...512. application to strike out a party under Ord. XVI. r. 11...513. affidavit in support of such application, 513. application to compel plaintiff to join co-contractor, &c., 513. Proceedings on Change of Parties by Death, &c. : order that action be continued by new parties, 514. affidavit in support of application, 515. appearance by person served with order, if not already party, 515. application to vary or discharge order, 516. application to compel representative of dead party to proceed, 516. Proceedings by and against particular parties, 517 et seq. See particular titles. Party, third party proceedings, 208. Partners, actions by or against, in firm name, 539. See "Firm." action against person trading in firm name, 539. Passage money, indorsement on writ for, 39. Pasture, indorsement on writ for infringing right of, 43. Patent, action for infringement of: indorsement on writ, 43; statement of claim, 109. particulars of breaches, 188; of objections to patent, 189. Patent, proceedings by or against company established by letters-patent, 526. case for opinion of counsel, and his opinion thereon, 592. affidavit by plaintiff of truth of case, 592. affidavit by defendant desiring to defend as pauper, 593. petition, before action, for leave to sue in formâ pauperis, 593. the like after action brought, 594. petition for leave to defend as pauper, 594. order on petition, 595. application to dispauper, 595. Payment into court and tender: notice of payment into court before defence, 163. request for lodgment of money, 163. bank certificate of receipt, 164. defence of payment into court in satisfaction, where payment made and defence of payment into court in satisfaction, where payment made at time request for lodgment of money, 165. defence of payment into court with denial of liability, 165. request for lodgment of money, 165. notice of payment into court with denial of liability, in action without request for lodgment of money, 166. defence appropriating money paid into court under Ord. XIV., 166. the like defence, denying liability, 166. notice to pay-office of appropriation, 166. defence of tender, 167; of tender of amends, 518. request for lodgment of money, 167. application, after defence delivered, for leave to pay money into Court, 167. judgment for plaintiff for taxed costs, 171. reply accepting money paid in with denial of liability, 168. request for payment out to plaintiff of money in court subject to Ord. XXII. the like, where money subject to Ord. XXII. r. 6...170. judgment for plaintiff for taxed costs, upon notice accepting money paid in, 171. reply when plaintiff does not accept money in court, 171. order for payment out of court, 171. request to paymaster-general for remittance crossed to payee's account at a request by corporate body for remittance, 173. request for remittance by post, 173. request for remittance of sum not exceeding £10...174. request for lodgment of money paid in pursuant to order, 175. investment of money in court, recovered by infant, 566. recovered by person of unsound mind not so found, 571. application for return of property on payment into court of sum claimed for order to prevent payment out or transfer of money in court, 483, n. Payment of money into court as security: Ord. XIV., order giving leave to defend on bringing money into court, 92. defence appropriating money paid in, 166. Payment of money into court as security-continued. Ord. XIV. continued. notice to pay-office of appropriation, 166. bond as security in lieu of payment into court, 96. affidavit to obtain order for security, 196. application for such order, 196; order, 196. application for transfer of action of tort to county court, unless security request for lodgment of money paid in, 197. security for costs of counterclaim, 198. security for costs of appeal to Court of Appeal, 490, 491. security for costs of appeal to House of Lords, 498–500. security for costs of discovery: request for lodgment of money paid in under Ord. XXXI. r. 26...279. memorandum, when money deposited in county court before action of deposit of money in court, after arrest under Debtors Act, 1869, s. 6...777. Payment of debt and costs, application for stay on, 177; order, 177. Peers, proceedings by or against, 518. Penal Action: indorsement on writ for penalties, 39, 50. judgment in qui tam, 375; fi. fa. in, 393. affidavit for judge's order for arrest, 774; order, 776; bond as security, 779. Personal property, application for inspection of, 225, 226. Personal service of writ, affidavit of, 76. of originating summons, 737; of notice of motion, 724; of summons or Petition to defend by guardian, 572. Petition to sue or defend as pauper, 593, 594. Petition on appeal to House of Lords, 495. Petition of Right under 23 & 24 Vict. c. 34: general form of, 660. form of, in claim on contract with War Office, 660. indorsement praying for defence on behalf of crown, 661. notice to be indorsed on petition for service on person other than crown, 661. appearance by person, other than crown, served with petition, 662. defence on behalf of crown, 662. judgment after verdict for suppliant, 662. judge's certificate of tenor of judgment, 663. Place of trial, directions as to, 156. notice by plaintiff fixing, 340. application for change of, 342; affidavit in support, 340; order, 342. Pleadings, 97 et seq. statement of claim, 101. See "Claim, Statement of." set-off and counterclaim, 123. See "Counterclaim." reply and subsequent pleadings, 130. See "Reply." applications as to amending or striking out, 136. pleading matters arising after action brought, 139. pleading points of law, 142. default of pleading, proceedings on, 145. See "Default of Pleading.' trial of questions of law by special case without, 689. trial of questions of fact without, 694. trial without, under Ord. XVIIIA., 699. Pledge, indorsement on writ for negligently keeping or wrongfully detaining, 41. application for return of, upon payment of security into court, 227. |