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sewers

271

Their exclusion from certain inheri-

tances,

Their admission, 3 & 4 Will. 4,

c. 106

174

Husband and wife,
(1.) Rights of husband,

(a.) In real estate of wife,

(5.) In personal estate of wife,
(2.) Rights of wife,

(a.) In real estate of husband,
(6.) In personal estate of hus-

band,
(3.) Liabilities of husband,
(4.) Liabilities of wife

179-180

Infants, incapacities of,

Infants Relief Act, 1874

187

Legitimation,

What is,

Statute of Merton regarding 215

Medical practitioner,

Statutes regarding,

(a.) Apothecaries,

(6.) Pharmaceutical chemist,

(c.) Surgeons,

(1.) Physicians

232

Minors

240

Monk

242

Monster

243

Non compos mentis

251

Nun

257

Parent and child

264

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280

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(2.) Duties of,

Overseers of .

Power of the county

Prisons.

Public health

Putative father

Reformatory

280-281

284

289

296

297

306

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PROCEDURE—continued.
1. Practice-continued.
Abandonment of legal proceed-

ings—continued.
(1.) Voluntary, or
(2.) Compulsory

1 Abatement of actions and suits,

Definition of,
Remedial provisions,

(1.) At Common Law,
(2.) In Chancery

1 Abatement of writ

2 Acquittal .

11 Admiralty, peculiar procedure in 15 Alias writ,

What it is,
Origin of name,
Abolition of

20 Allocatur, for costs

22
Appeal,
Two varieties of,
Criminal appeals,

Varieties of,

Their abolition, 59 Geo.3, c. 46,
Latest instance of,
Rights of successful appellor,
Statutory appeals

27
Appearance,
What it is,
Time for,
How entered,
Origin of, in Equity,
Case of infants,

(a.) At Law, (6.) In Equity,
Case of married women,

(a.) At Law, (6.) In Equity,
Effect of entering appearance,
Conditional appearance,
Neglect to appear, effect of,

(a.) At Law (6.) In Equity. 27 Arraignment in criminal cases 33 Array, Challenge to .

33 Arrest, Varieties of, (1.) In civil cases, either (a.) By capias ad satis

faciendum, whether (aa.) On mesne process, (15.) On final process,

now abolished in

both cases; or
(6.) By attachment, for

contempt,
(2.) In criminal cases, with

or without warrant,
Sanctuaries from arrest,

Their privileges abolished 33
Arrest of judgment,

What it is,
Grounds for,
In criminal cases

33 Arrestment (Scotch Law), either

(1.) Of the person, or
(2.) Of the goods

PROCEDURE-continued.
I. Practice-continued.

Backing of warrant,

What it is,
Necessity for it

40
Bench-warrant,
Its use

44
Bill in Equity or Chancery,
Mode of instituting suit in
Chancery.

45
Bill of Middlesex,
Mode of commencing action in

Queen's Bench,
Its abolition.

46-47 Bill of peace,

Nature of,
Purpose of,
Occasion for,
Examplerticulars,

47
What is,
Object of,

How different from declaration 47 Case, Special

53 Caveat, Entry of, its object,

(1.) In Probate Court,

(2.) In Court of Chancery. 54 Certiorari, Occasion for

54
Challenge,
Varieties of,
(1.) Against persons,
(a.) To the array,—what

is, and grounds of,
(6.) To the polls,—what

is, and grounds of,
(2.) Against things .

55 Chambers,

Proceedings at, quality of,
What proceedings taken at,
(a.) At Common Law, before

Masters,
(6.) In Equity, before Chief

Clerks,
What proceedings not taken at

55-56 Charging order,

Object of,
How issued in aid of Common

Law judgment,
How issued in aid of Chancery

decree,
Aided by stop-order

58 Circuity of action,

Example of,
How avoided

62
Citation,
In Courts of Probate and Di-

33-34

vorce,
In Courts Ecclesiastical

63
Civiliter,
Meaning of

63 Cognovit actionem,

What it is,

or

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PROCEDURE—-continued.
I. Practice-continued.

Cognovit actionem--continued.

Requisites to execution of,
Filing of

67 Commission to take answers in

Chancery,
Modern equivalent for.

70 Compute, rule to,

Cases for,
Comparative disuse of

72
Consolidation rule,
Occasions for

79 Consultation, What is.

80 Contempt of Court,

What is,

Rule in Queen v. Castro .80 Continuance,

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What was,

Abolition of

81 Costs, Various scales of, (a.) Between solicitor and

client,
(6.) Between

party and
party,
Plaintiff's right to,
Defendant's right to,

Amount recovered in tort 94 Costs of the day,

What are,
When given

94 Counsel's opinion, How far a protection

94 Cross action,

What is,
Necessity for

105 Cross bill,

What is,
Necessity for,
Abolition of

105 Declaration,

Time for,

Procedure for want of . .111-112 Decree, What is.

112 Decretal order, What is.

112 Default, judgment by,

Cases for signing
When judgment is final,
When judgment is interlocu-
tory

113 Demurrer, Demurring and pleading to

gether, Time for

115 Discontinuance,

What is,
Effect of,
Cases for

119 Docket, striking a,

PROCEDURE-continued.
1. Practice-continued.

Enlarge,

Rules, enlargement of,
Time, enlargement of

137 Enquiry, writ of .

137 Entering appearance :

137 Entering judgments (see JUDGMENTS).

137 Estreat, Of recognisances

144 Feigned issue,

What it was,
Object of using it,
Disuse of

154 Fiat

156 Fictions

156-157 Final process, What is

158 Foreclosure

159 Frivolous pleas,

What are,
Striking out of

170 Further maintenance of action,

plea to,
Place for,

Reason that it is so called. 171
General issue, plea of,
What it denies under present

practice,
Under particular statutes,
Abolished in case of local and
personal Acts

172 Incipitur,

What it was,
Entry of,
No necessity for

183
Increase, cost of,
What were

185 Inquiry, writ of Necessity for

190 Interlocutory

192 Interrogatories,

In Equity,
Under 17 & 18 Vict. c. 125,
Rules regarding

194 Issue roll,

What was,

195 196

Substitute for Joinder Joinder in demurrer,

Case for,

Form of Joinder of issue Judgment roll Jurat Justifying bail Letters missive,

Occasion for Limitation,

Statutes of . Mainprise,

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What was,

What was,

How distinguished from bail . 224 Mittimus.

241

Modern equivalent for.

.122-123

PAGR

PAGE

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PROCEDURE-continued.
I. Practice continued.

Monstrans de droit,

Nature of,
Occasion for

243 Motion

246 Motion of course

246 New trial paper

249 motion paper

219 Next friend,

(1.) Infants,

(2.) Married women .249-250 Notices of objections to patent 256 Othce, inquest of .

259 Opening a rule

260 Opening pleadings

260 Outlawry.

262 Party and party, between,

As to costs,
Scale of

269 Passing record,

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PROCEDURE—continued.
1. Practice—continued.

Roll,

What is,
Varieties of

· 317
Rule,
Varieties of,

(1.) Rule nisi,

(2.) Rule absolute, Examples of

317 Rule of Court

318 Rule, to

318 Rules of the King's Bench Prison 318 Satisfaction,

What is,
Entry of,
Piece

320
Security for costs,
Occasion for giving

323 Separate demise in ejectment 324 Service of writs,

How effected,
Modes of,
Times for

326 Shew cause, rule to

331 Short cause in Chancery,

What is,
By consent

331 Side bar rule

331 Signing judgment,

What is,
Necessity for

332 Single demise in ejectment 333 Special bail

336 Special case

336 Special paper

336 Special rules,

What was,

Abolition of Pauperis, Forma Peremptory paper Peremptory rule to declare,

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What was,

273

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What are,

Prochèin amy

Abolition of

273 Perfecting bail Petition of right

277 Pledges,

(1.) Under old law,

(2.) Since C. L. P. Act, 1852. 279 Possession money.

282 Postea

282 Poundage, Sheriff's

283 Premises

285 Presentment

286 Procedure .

291 Process, Various meanings of

291

291 Pro confesso, When bill taken

292 Re-hearing,

Occasion for,
Grounds of,
Before what judge.

308 Relator

308 Remanet

309 Remittitur,

Two varieties of,
Examples

309 Respondent

313 Retainer

314 Reviewing taxation, Cases for

315 Reviving,

Occasion for,
Modes of,

Under C. L. P. Act, 1852. . 315 Right to begin,

Meaning of phrase,
Rule regarding,
Three applications of rule. . 316

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How obtained

336 Speedy execution,

What is,
When ordered,

Under C. L. P. Act, 1852 . 338 Statute of Jeofails

342 Stet processus.

342 Sue

348 Suggestions, entry of, on the

roll,
Utility of,
Mode of making

348 Summons and order

349 Supersede .

350 Supersedeas

350 Taxing costs, Scale for

355 Term fee.

359 Testamentary causes

359 Treble costs

365 Uniformity of Process Act,

Effect of,
Extensions under C. L. P. Act,
1852 .

373 See also title ACTIONS AND

SUITS; title CRIMINAL LAW,
sub-title PROCEDURE ; title

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