Summonses and orders-continued. application and order to discharge or vary previous order, 732. affidavit of service of summons or notice, 733. notice on appeal from master to judge, 733. judge's order allowing appeal, 734; dismissing appeal, 734. notice that respondent will appear by counsel, 735. notice of appeal to Court of Appeal, 736. notice of appeal to divisional court, 736. judgment on order, 736. originating summons, not requiring entry of appearance, 736. affidavit of personal service thereof, 737. originating summons requiring entry of appearance, 738. the like, not inter partes, 738. indorsement to be made on originating summons before issue, 739. memorandum of entry of appearance thereto, 739. notice of appointment to hear originating summons, 740. certificate of non-appearance thereto, 740. Summonses and orders in particular cases. See particular titles. Supersedeas to a ca. sa., 430. Support of land, indorsement on writ for removing, 44. Surety, indorsement on writ against, 39; the like against principal and surety, Taxation of costs of action, notice of, 361; affidavit of increase, 361, 362. certificate of taxation, 365; review, 17, 18. 29 66 Rent," 'Replevin." Taxes, return to fi. fa. of payment of, &c., 404, 405. of amends, defence of, 518. notice tendering amends, 26. notice giving opportunity for tendering amends, 27. acknowledgment that amends taken in satisfaction of claim, 27. Third party proceedings for contribution or indemnity : affidavit for leave to serve third party notice, 208; order for leave, 209. third party notice, claiming contribution or indemnity, 209. appearance by third party, 210; notice thereof, 211. judgment against third party in default of appearance, 211; affidavit to obtain such judgment, 212. application and order for directions, 213, 214. judgment against third party after trial, 214. summons for judgment after action decided otherwise than by trial, 215; notice by one defendant claiming contribution or indemnity against the like notice against co-defendant who has appeared, 215. the like notice, if inserted in defendant's defence, 216. application for directions as to claim between co-defendants, 216; order for proceedings by third party against fourth, 217. Time : request for, 757; consent to, 758; application for extension of, 758; order, to deliver statement of claim, application for, 103. to deliver defence, application for, 115. to deliver reply or subsequent pleading, application for, 132. Tonnage of goods, indorsement on writ, 40. Trade mark, indorsement on writ for infringing, 43. statement of claim, 109. Trade Unions, proceedings by or against, 538. Transfer of action from one division of the High Court to another : after order for winding up. 206, 534. after order for administration, 206, 558. after receiving order in bankruptcy, 207, 589. Transfer of action to commercial list: summons for transfer and directions, 158. points of claim, 159; of defence, 159. notice of application for further directions, 159. Transfer of proceedings to county court, 798 et seq. Trial at bar, order for, 339; notice of, 339. Trial at Nisi Prius : See "Remission." order of judge at trial for amendment of pleadings, 353. proceedings at the trial, 354. challenge to the array of jurors, 355. verdict by jury at, 356. certificate by officer of verdict and directions thereon, 358. judgment after, 373 et seq. See "Judgment." certificates by judge at, 354, 355. See Trial, mode of: Certificate of Judge." direction for, under summons for directions, 156. notice by defendant for trial by jury, 337. application for trial without jury, 337. application for trial by jury. 338; order, 338. application for order as to special mode of trial, 338. application that different questions of fact be tried by different modes or at different times, 339. order for trial at bar, 339; notice thereof, 339. Trial, notice of, 334. in action without pleadings, 699. where one defendant has suffered judgment by default, 336. application to countermand notice of, 336. notice of countermand, 336. Trial, place of: direction for, under summons for directions, 156. notice by plaintiff fixing, 340. affidavit to obtain order changing, 340. application to change, 342. order thereon, 342. Trial, postponement of : application for, 343. affidavit in support of application, 343. Trial by special jury : direction for, under summons for directions, 156. notice for a special jury, 344. notice to sheriff, 344. application for and order thereon, 345, 346. See "Special Jury." Trial, entry of action for : memorandum of, 348. consent to withdraw, 348. entry in district registry, 349. Trial, new: notice of application for, after trial by jury, 366. the like, after trial by judge alone, 367. order allowing application, 368; order dismissing it, 368. notice of new trial, 368. Trial in county court, 798 et seq. See "Remission." Trial of questions of Fact, without pleadings: affidavit to obtain order for, 694. agreement for payment of money on finding of jury, 695. Trial of questions of Fact, without pleadings-continued. Trial of questions of law by special case, 689. See "Special Case." indorsement of writ of summons, 699. notice of trial, 699. summons for statement of claim, 700; order thereon, 700. notice of special defences, 701, 702. set-off, counterclaim, infancy, coverture, fraud, 701. Trust, special indorsement of claim for debt upon a, 49. See "Bankrupt." Umpirage under an agreement of reference, $63. Umpire, appointment of, 851. Undertaking by solicitor to appear to writ of summons, 74. attachment against solicitor not entering appearance pursuant to, 22, 469. person so found by inquisition, action by or against, 570. person not so found by inquisition, action by: writ of summons, 570. consent and authority by next friend, 571. payment into court, investment of money, 571. statement of claim and subsequent proceedings, 571. person not so found by inquisition, action against: writ of summons, 571. notice of application for guardian where defendant does not appear, 571. petition for leave to defend by guardian, 572. consent of guardian, 573. affidavit in support of petition, 573. affidavit of signature of petition and consent, 574. order to defend by guardian, 574. order appointing guardian where defendant becomes of unsound mind statement of claim, 574; defence, 575. mode of taking evidence, 575. Use and occupation, indorsement on writ for, 40. V. Vacant possession, affidavit of service, 601. Venditioni exponas, præcipe for, 398. writ of, 398; after levying part and fi. fa. for residue, 398. return to, 408. Venue or place of trial, application for change of, 342; affidavit in support, 340; order, 342. Verdict in general, how given, 356; certificate of, 358. Verdict special, 356; special case after verdict subject thereto, 356. View, affidavit to obtain order for, 346; application for, 346; order for, 347; Viva voce examination, order for, when interrogatories insufficiently answered, of witness before examiner, 288 et seq.; of judgment debtor as to means, W. Wages or salary, indorsement on writ for, 39. to distrain for rent, 625. Warrant-continued. to high bailiff to replevy, 632. on a fi. fa., 400 on a ca. sa., 429. on a fi fa. de bonis ecclesiasticis, 584. on a fi. fa., to enforce judgment of Mayor's Court, 820. on a sequestrari facias de bonis eccles., 587. on a writ of possession and fi. fa. for costs, 610. demand of perusal and copy of, from constable, &c., 25. Warrant of Attorney to confess Judgment: form of, 673. defeazance on, 674. affidavit of execution, 676. affidavit to enter up judgment on, after a year, 676. judgment on, 677. execution on judgment on, 678. Warranty of a horse, indorsement on writ for breach of, 43. Warwick, direction of writs to sheriff of, 393. Watercourse, indorsement on writ for obstructing, &c., 44. Water, indorsement on writ for discharging into mine, &c., 44. indorsement on writ for obstructing, diverting, &c., 44. Way, indorsement on writ for obstructing, 44. Waygoing crops, indorsement on writ for, 40. Well, indorsement on writ for obstructing use of, 44. Widow, judgment against, on debts contracted during coverture, 578, 579. action by, for dower, 644. Wife, proceedings by and against husband and, 576. determination of questions as to property between husband and, 580. Will devising lands, notice of intention to prove by probate, 240; counter-notice Winding up, transfer of action after order for, 206, 534; staying action after Withdrawal of claim, &c., 161 et seq. See "Discontinuance." Witness, expenses of, indorsement on writ for, 40. Witnesses, compelling Attendance of, at Nisi Prius: subpoena ad testificandum, præcipe for, 327; writ of, 327; at sittings of High subpoena duces tecum, præcipe for, 327; writ of, 328; at sittings of High affidavit for subpena where witness in Scotland or Ireland, 330; order habeas corpus ad testificandum, affidavit to obtain, where witness in custody witness in custody on criminal process, order for bringing up, 332. Witnesses, examination of, before examiner in England, 288; before examiner examination of, before referee, subpoena for, 838. examination before arbitrator, subpoena for, 855; affidavit and order for Witnesses, oath of, 755, 756; before examiner, 295; on commission, 311; before affirmation of, instead of oath, 756; before examiner, 296; before arbitrator, Worcester, direction of writs to sheriff of city of, 393. Work, indorsement on writ for work done, 40; for damage of breach of contract Workmen's Compensation Acts, appeals under: notice of motion on appeal, 787. memorandum of entry of appeal, 788. security for costs of appeal, 789. order allowing appeal, 789. order dismissing appeal, 789. Writ, direction of, 393. registration of, 450. Writs of fieri facias, elegit, &c. See “Fieri facias," "Elegit," &c. Y. York, direction of writs to sheriff of, 393. Yorkshire, memorial of judgment or order for registration in, 385. THE END. BRADBURY, AGNEW, & CO. LD., PRINTERS, LONDON AND TONBRIDGE. |