. . . . LEGACIES AND DEVISES continued. Legacy duty, present law of-contd. (3.) Case of powers of appoint- (4.) Case of conflict of laws, (5.) When duty payable 213-214 PERSONS UNDER DISABILITY OR OTHER PECULIARITY, 110 PERSONS UNDER DISABILITY OR OTHER See titles COMMON Law and EQUITY Liability of mother to support, Right of mother to custody of, sewers 271 Their exclusion from certain inheri- tances, Their admission, 3 & 4 Will. 4, Husband and wife, (a.) In real estate of wife, (5.) In personal estate of wife, (a.) In real estate of husband, band, 179-180 Statute of Merton regarding 215 280 (2.) Duties of, Overseers of . Power of the county Prisons. Public health Putative father Reformatory 280-281 284 289 296 297 306 Administration, grant of—continued. Upon trust for next of kin-cont. (e.) A person altogether without Courts which may make the grant, (1.) Court of Probate in London, (2.) District Courts of Probate, . Security for good behaviour 323 Vagabonds. 376 376 385 385 Their appointment, 385 389 title PUNISHMENTS. Bailment (sce title CONTRACTS) 41 Baron and feme (see title HUSBAND Under London Brokers Relief Act, See also title COMMON LAW; title History of that right, riæ, Upon trust for next of kin accord- ing to following order,- (a.) Husband to wife, and vice (6.) Proximity of beneficial inte- rest according to Statutes of Distribution, proximate, Effect of having, in different dio- ceses, Distinction practically abolished Opposed to distribution per stirpes, Colligendum bona defuncti, 68 . PAGE PAGE . PROCEDURE—continued. ings—continued. 1 Abatement of actions and suits, Definition of, (1.) At Common Law, 1 Abatement of writ 2 Acquittal . 11 Admiralty, peculiar procedure in 15 Alias writ, What it is, 20 Allocatur, for costs 22 Varieties of, Their abolition, 59 Geo.3, c. 46, 27 (a.) At Law, (6.) In Equity, (a.) At Law, (6.) In Equity, (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 contempt, or without warrant, Their privileges abolished 33 What it is, 33 Arrestment (Scotch Law), either (1.) Of the person, or PROCEDURE-continued. Backing of warrant, What it is, 40 44 45 Queen's Bench, 46-47 Bill of peace, Nature of, 47 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 is, and grounds of, is, and grounds of, 55 Chambers, Proceedings at, quality of, Masters, Clerks, 55-56 Charging order, Object of, Law judgment, decree, 58 Circuity of action, Example of, 62 33-34 vorce, 63 63 Cognovit actionem, What it is, or . PAGE PAGE . . PROCEDURE—-continued. Cognovit actionem--continued. Requisites to execution of, 67 Commission to take answers in Chancery, 70 Compute, rule to, Cases for, 72 79 Consultation, What is. 80 Contempt of Court, What is, Rule in Queen v. Castro .80 Continuance, What was, Abolition of 81 Costs, Various scales of, (a.) Between solicitor and client, party and Amount recovered in tort 94 Costs of the day, What are, 94 Counsel's opinion, How far a protection 94 Cross action, What is, 105 Cross bill, What is, 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 113 Demurrer, Demurring and pleading to gether, Time for 115 Discontinuance, What is, 119 Docket, striking a, PROCEDURE-continued. Enlarge, Rules, enlargement of, 137 Enquiry, writ of . 137 Entering appearance : 137 Entering judgments (see JUDGMENTS). 137 Estreat, Of recognisances 144 Feigned issue, What it was, 154 Fiat 156 Fictions 156-157 Final process, What is 158 Foreclosure 159 Frivolous pleas, What are, 170 Further maintenance of action, plea to, Reason that it is so called. 171 practice, 172 Incipitur, What it was, 183 185 Inquiry, writ of Necessity for 190 Interlocutory 192 Interrogatories, In Equity, 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, What was, What was, How distinguished from bail . 224 Mittimus. 241 Modern equivalent for. .122-123 PAGR PAGE . PROCEDURE-continued. Monstrans de droit, Nature of, 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, 269 Passing record, . PROCEDURE—continued. Roll, What is, · 317 (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, 320 323 Separate demise in ejectment 324 Service of writs, How effected, 326 Shew cause, rule to 331 Short cause in Chancery, What is, 331 Side bar rule 331 Signing judgment, What is, 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, What was, 273 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, 308 Relator 308 Remanet 309 Remittitur, Two varieties of, 309 Respondent 313 Retainer 314 Reviewing taxation, Cases for 315 Reviving, Occasion for, Under C. L. P. Act, 1852. . 315 Right to begin, Meaning of phrase, . How obtained 336 Speedy execution, What is, Under C. L. P. Act, 1852 . 338 Statute of Jeofails 342 Stet processus. 342 Sue 348 Suggestions, entry of, on the roll, 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, 373 See also title ACTIONS AND SUITS; title CRIMINAL LAW, . |