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CHATTELS,

in all cases where chattels unlawfully taken, replevin proceedings available,
721, 722. See "REPLEVIN."

CHEMIST,

actions for penalties against, 894-825. See "PHARMACEUTICAL ACT.”

CHEQUE,

action by married woman against banker who has dishonoured her cheque,
221. See "MARRIED WOMAN."

may be taken in execution, 603

CHILDREN,

judge to decide whether young children can be witnesses, 461–462

of intestates may, in certain cases, apply to registrar of County Court for
administration, 875-885. See "PROBATE."

CHOSES IN ACTION,

particulars of claim in action by assignment of, 285
how assignable, 154, 208, 381

provision in Judicature Act as to, ib.

applies to County Courts, 155

proceedings to determine title of a plaintiff who sues as assignee of a chose
in action, 381-384

assignment may be made under the Judicature Acts, 381-382

or in the mode formerly valid in equity, 382

possible difficulty imposed on persons accountable for the chose in
action, ib.

provisions to meet this, ib.

(I.) Proceedings where the liability to account, and the
plaintiff's title as assignee are both disputed, 382-383
if liability to account for a chose in action be disputed, ib.
time for application, 383

form of interpleader summons, ib.

(II.) If liability to account for chose in action be not dis-
puted, 383

form and service of interpleader under O. XXI. r. 10, ib.

(III.) Hearing of interpleader dispute as to validity of as-
signment, 383-384

form of judgment, ib.

costs, 384

judgment where plaintiff assignee of chose in action, 485

form of, ib.

assignee of bankrupt's chose in action may sue or defend in his own name,
1369-1370

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debt due in respect of sale of, when not recoverable in County Court, 156,
157

CINQUE PORTS,

transfer to, of Admiralty actions pending in County Court, 748
appeals in cases within, 790

CIRCUITS,

as to distribution of districts into, 16

number of, 16, 17

Part I. ends with p. 733.

CITY OF LONDON COURT. See "SHERIFFS' COURT."
exempted from Order in Council of 1847, 16

made the County Court for City of London, 17
first attempt to assimilate it to a County Court, 18

when given same jurisdiction as a metropolitan County Court, 18
when practically transformed into a County Court, 19

how accomplished, 19, 20

peculiar rights and privileges of judge of City of London Court, 20
fees in, 46

judge of City Court can sit in parliament, 60

reason of this, 60

treasury instructions as to fees in, 95, 96

protection of officers of City of London Court from vexatious proceed
ings, 115

enactment governing prohibition to, 163, n. (i)

where both plaintiff and defendant in the metropolis, plaints may be
entered in any London Court, including City of London Court, 264, 265
provision for registration of judgment of City of London Court, 587

CLAIMS,

equitable claims, 150

joinder of. See " JOINDER OF CAUSES OF ACTION."

inquiry as to debts or claims, 515-518. See "SPECIAL JUDGMENT."
in interpleader. See "INTERPLEADER."

CLEAR DAYS,

meaning of expression in "County Court Rules, 1875," 32

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provision in Judicature Act as to damages by, 155
nautical assessors available in collision cases, 742

claims for damage by, 756-757

jurisdiction of County Courts as to, ib.

claims for damage to ship whether caused by collision or otherwise, 757
jurisdiction of County Courts as to, ib.

COMMISSION,

appointment of, for examination of witnesses in probate action who are
abroad, 866. See "PROBATE.

application for, in bankruptcy cases, 1319

Part I. ends with p. 733.

COMMITMENT

of judgment debtor to prison, 623-629

(a.) Committals for non-compliance with judgments or orders for
payment of money, 623-636

jurisdiction to imprison for non-payment of judgment debt, 623-

624

proceedings under "The Debtor's Act, 1869," ib.

when a committal can be made thereunder, 625

there is only one committal for the some debt or instalment,
625-626

committal only obtained by judgment summons, 626

by whom judgment summons may be issued, ib.
against whom it may be issued, ib.

for what judgment debts it may be issued, 626-627
unpaid costs, 626

debts barred by bankruptcy, ib.

judgments more than six years old, ib.

out of what Court judgment summons issues, 627

out of Court for district in which debtor dwells, &c., ib.
or, by leave, out of Court in which judgment was
recovered, ib.

how judgment summons issued, ib.

from Court in which judgment was recovered, 628

from Court other than that in which judgment was
recovered, ib.

if judgment be one of another County Court, ib.
if judgment be not of a County Court, ib.
form of affidavit to be filed, ib.

when leave to issue summons requisite, 628-629
(1.) If debtor has left district, 629

(2.) If judgment more than six years old, ib.
(3.) If summons returnable immediately, ib.
form of judgment summons, ib.

when judgment summons returnable, 629-630

against absconding debtor, ib.

effect of judgment summons on previous writ of execution,

630

service of judgment summons ib.

in default of service, one other summons may be issued
without further fee, ib.

adjournment of hearing, ib.

hearing of judgment summons, ib.

non-appearance at hearing of judgment creditor, ib.

or of judgment debtor, 630-631

examination of witnesses, 631

what judgment creditor must prove, ib.
defence to judgment summons, ib.

inability to pay, ib.
bankruptcy, ib.

decision on judgment summons, 631-632

(1.) No order, 631

(2.) Order varying mode of payment, 632

form of order, ib.

this order transfers all proceedings into Court

making it, ib.

(3.) Order of commitment, ib.

form, ib.

costs of judgment summons, 632

execution of order of commitment, ib.

to what prison debtor sent, ib.

how order of commitment superseded, 633-636

Part I. ends with p. 733.

COMMITMENT-continued.

(1.) By bankruptcy, 633-634
(2.) Privilege from arrest, 634
(3.) Payment, 634-636

to whom payment may be made, 634—635
form of certificate of payment, 635

practice as to payment when order of committal
was sent to be executed in a foreign district,
635-636

payment out to creditor, 636

(b.) Committal for non-compliance with a judgment or order other
than one for payment of money, 636-639

COMMITTEE,

jurisdiction to commit for breaches of orders, 636

in what cases commitment will be made, 636--637

for breach of orders for delivering up of land or goods, ib.
for breaches of injunctions, 637

for breaches of orders to pay over money received in a pecu-
niary capacity, ib.

by and against whom orders of commitment obtained, ib.
how order of commitment obtained, 638

service of original order and notice requiring obedience, ib.
form of notice, ib.

service thereof, ib.

proceedings in case of disobedience, ib.

in case of goods or land possession will be enforced, ib.
form of order, ib.

resistance to bailiff a contempt, ib.

in other cases, summons to appear and answer contempt

issued, ib.

form of summons, ib.

hearing of application to commit, ib.

form of order of commitment, 638

warrant to bailiff, ib.

form of, 639

discharge from custody, ib.

notice of application for discharge, ib.

hearing of application, ib.

form of discharge, ib.

persons of unsound mind sue and defend by, 226-227. See "INSANE
PERSONS."

service of summons upon, 292

COMMITTEE OF INSPECTION,

appointment of, 1346

statutory directions as to, 1346-1348

powers which trustee may exercise with sanction of, 1370-1371

what number required to form a quorum, 1348

COMMON LAW PROCEDURE ACTS. See "COMMON LAW PROCEDURE
ACT, 1852."-"COMMON LAW PROCEDURE ACT, 1854."-" COMMON
LAW PROCEDURE ACT, 1860."

certain powers under, given to County Courts, 26

power to extend "Common Law Procedure Act, 1854," to certain Courts,
26

extension in part to County Courts, by Order in Conncil, 27
power to extend "Common Law Procedure Act, 1860," to certain Courts,

28

extension, in part, to County Courts by Order in Council, 28
sections of "Common Law Precedure Act, 1854," as to equitable defences,
323-324

Part I. ends with p. 733.

COMMON LAW PROCEDURE ACTS-continued.

garnishee sections of "The Common Law Procedure Acts, 1854 and 1860,"
still applicable to County Courts, though not to High Court, 540.
"ATTACHMENT OF DEBTS."

See

provisions of "Common Law Procedure Acts, 1852 and 1854," generally
applicable to proceedings under "Bills of Exchange Act, 1855," 669

"COMMON LAW PROCEDURE ACT, 1852,"

if defendant in ejectment a tenant, he must give his landlord notice of
action, 682-683

"COMMON LAW PROCEDURE ACT, 1854,"

power to extend Act to other Courts, 26

deponent objecting to an oath can affirm, 353-354

consequences of wilfully and corruptly affirming, 461

provisions as to interrogatories, 394-395, 402-403-

how far party can discredit his own witness, 463

witness may express his opinion as to character of handwriting, 464
if witness denies having been convicted, the conviction may be proved,
468-469

witness may be cross-examined as to his previous written statements with-
out their being produced to him, 469-470

attesting witness need not be called to prove document which need not be
attested, 473

provisions in, as to attachment of debts, 641, 651, 652, 653. See
"ATTACHMENT OF DEBTS."

provisions as to equitable defences, 323-324

"COMMON LAW PROCEDURE ACT, 1860,"
power to apply Act to other Courts, 28

short title of Act, ib.

provisions in, as to attachment of debts, 649-650

provisions of 19 & 20 Vict. c. 108 to extend to all cases of replevin, 725
COMPANIES ACTS,

provisions of, applicable to winding-up proceedings in the County Court,
1010, 1120, 1125 et seq.
See" WINDING-UP.

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jurisdiction of High Court to transfer winding-up proceedings to a County
Court, 1195-1197

jurisdiction and proceedings in the County Court for taking evidence
under "The Companies Act, 1862," 1198

COMPANY,

actions by and against company in process of being wound up, 230
attachment of debts due by, 644

winding-up of, may be transferred to County Court from High Court,
1195-1197. See "WINDING-UP."

power of County Court to take evidence when winding-up of company
pending in High Court, 1198

may present bankruptcy petition, 1286-1288

cannot be petitioned against in bankruptcy, 1288

COMPOSITION

may be accepted by trustee in bankruptcy, with sanction of creditors,
1402-1403

by arrangement, 1425

nature of, ib.

proceedings for, down to and inclusive of first meeting, 1425-1435
proceedings at, and subsequent to first general meeting, 1448-1458

COMPTROLLER IN BANKRUPTCY,

appointment and remuneration of, 1273

Part I. ends with p. 733.

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