Α PRACTICAL AND ELEMENTARY Abridgment of the Common Law AS ALTERED AND ESTABLISHED BY THE RECENT STATUTES, RULES OF COURT, AND MODERN DECISIONS; COMPRISING A FULL ABSTRACT OF ALL THE CASES ARGUED AND DETERMINED IN THE Courts of Common Law, & on Appeal. WITH THE RULES OF COURT, FROM M. T. 1824, To M. T. 1840, INCLUSIVE, AND THE STATUTES DURING THE SAME PERIOD. WITH CONNECTING AND ILLUSTRATIVE REFERENCES TO THE EARLIER BY CHARLES PETERSDORFF, Esq., OF THE INNER TEMPLE, BARRISTER AT LAW. VOL. V. OD LONDON: V. & R. STEVENS AND G. S. NORTON, 26 & 39, BELL YARD, LINCOLN'S INN, Law Booksellers & Publishers, (Successors to the late J. & W. T. CLARKE, of Portugal Street) ; AND ANDREW MILLIKEN, GRAFTON STREET, DUBLIN. (f) Concerning the Judge, erroneous Opinion or Misdirection of, 8. (g) Concerning the Jury, 10. (h) Concerning Negligence or Conduct of the Attorney, 11. (i) Concerning Particulars of Demand, 11. (j) Concerning Perjury, 11. (k) Concerning Trial, Notice of, 12. (7) Concerning Causes being tried as undefended, by Mistake, 12. (m) Concerning Verdict by supposed Consent, 13. III. RELATIVE TO TRIALS BEFORE THE SHERIFF, 13. iv. Relative TO TRIAL IN INFERIOR COURTS, 15. V. RELATIVE TO THE COURT TO WHICH APPLICATION IS TO BE MADE, 15. VI. RELATIVE TO THE TIME WITHIN WHICH APPLICATION MUST BE MADE, 15. VII. RELATIVE TO THE MOTION AND RULE FOR, AND NOTICE OF, 16. VIII. RELATIVE TO THE NOTES OF COUNSEL, 16. X. RELATIVE to a Term's Notice, 17. NOLLE PROSEQUI, 21. NON ASSUMPSIT, 22. NON EST FACTUM, PLEA OF, 23; and see Bond-Covenant-Deed. NON-JOINDER, 24. NON OBSTANTE VEREDICTO, JUDGMENT OF, 25. NON PROS., JUDGMENT OF. 1. FOR WANT OF DECLARING, OR ENTERING THE ISSUE, 26. II. FOR WANT OF REJOINDER, 26. III. FOR WANT OF DELIVERY OF PARTICULARS OF DEMAND, 27. IV. IN CASE OF PAYMENT OF MONEY INTO COURT, 27. V. IN CASE OF BANKRUPTCY, 28. VI. WHEN TO BE SIGNED, 28. VII. COSTS ON, 28. VIII. OF THE JUDGMENT, 29. NONSUIT, JUDGMENT OF. 1. WHERE A NONSUIT WILL OR WILL NOT BE II. RELATIVE TO THE PARTY ENTITLED TO III. APPLICATION FOR, AND OF LEAVE re- IV. OF THE COSTS, 31. V. OF SETTING ASIDE, 31. NONSUIT, JUDGMENT AS IN CASE OF. (a) In general, 33. (b) Of the New Rules, 33. (c) The Cause must be at Issue, and of the Entry of the Issue, 34. (d) Where several Defendants, 35. (e) Where a Demurrer, 35. Where a New Trial, Rule for, abandoned, 35. (g) Where a Reference, 35. (h) Where a Cause made a Remanet, 36. (i) Where Debt and Costs paid, before Motion for, 36. (j) In Ejectment, 36. (k) On Writ of Right, 36. (1) Where Cause tried before the Sheriff, 36. iv TABLE OF TITLES. 1. RELATIVE TO THE 2 Will. 4. c. 39, 63. II. RELATIVE TO THE COURT, 64. III. RELATIVE TO THE PROCESS TO FOUND, 64. IV. RELATIVE TO WHAT PROPERTY MAY BE TAKEN UNDER, 65. v. RELATIVE TO THE RIGHTS AND DISABILITIES OF THE OUTLAW, 65. VI. RELATIVE TO THE INQUISITION, 66. VII. RELATIVE TO THE EFFECT OF, 66. VIII. RELATIVE TO THE SHERIFF PAYING OVER THE MONEY UNDER, 66. IX. RELATIVE TO SETTING ASIDE AND STAYING X. RELATIVE TO AMENDMENTS AFTER, 67. (a) Since 1 & 2 Vict. c. 110, 68. (c) Affidavit to reverse, 68. (d) Terms of Reversal, and herein of the Costs of Reversal, 69. (e) Restoration of Property after Reversal, 69. XII. RELATIVE TO COSTS, 70. XIII. RELATIVE TO THE REMEDY FOR MALICIOUSLY PROCEEDING TO, 70. OVERSEER. 1. RELATIVE TO, WHO ELIGIBLE AS, 71. II. RELATIVE TO THE APPOINTMENT OF, 71. III. RELATIVE TO THE DUTY OF, 72. IV. RELATIVE TO THE RIGHTS OF, 72. v. RELATIVE TO THE LIABILITY OF, 73. VI. RELATIVE TO THE OVERSEER'S ACCOUNTS, 75. VII. RELATIVE TO ACTIONS BY, AND OF THE OVERSEER'S COMPETENCY AS A WITNESS, 77. OYER, 78. PALACE COURT, 79. PARCENERS, 79. PARDON, 80. PARENT AND CHILD, 80. PARISH, 82. TABLE OF TITLES. PARISH CERTIFICATE. See Settlement and Removal of the Poor. PARISH CLERK, 82. PARISH LAND, 82; and see ChurchwardenEcclesiastical Persons-Ejectment— Overseer. PARISH OFFICERS. See Churchwarden-Constable-Overseer. PARISH REGISTER. See Marriage. PARLIAMENT. See Bribery-Commons, House of-Courts-Election-Habeas Corpus-Inquiry, Writ of-Judge-Libel-Process-Requests, Court of. PAROL EVIDENCE. See Evidence. PARTICULARS OF DEMAND. I. RELATIVE TO, WHEN IT WILL OR WILL NOT II. RELATIVE TO THE AFFIDAVIT AND RULE III. RELATIVE TO THE FORM OF, AND RULES OF IV. RELATIVE TO THE CONSTRUCTION OF, 86. v. RELATIVE TO WHERE TWO PARTICULARS ARE DELIVERED, 86. VI. RELATIVE TO THE CONSEQUENCES OF MISTAKES IN, AND WANT OF PROOF OF, 86. VII. RELATIVE TO THE EFFECT OF, 87. vui. RELATIVE TO THE NON-DELIVERY OF, 88. IX. RELATIVE TO THE AMENDMENT OF, AND PARTICULARS AFTER AMENDMENT OF DECLARATION, 88. x. RELATIVE TO THE COSTS. See div. I., p. 84, n. PARTICULARS OF RESIDENCE, 89. PARTIES TO ACTIONS, 89. PARTITION. See Parceners-Tenants, JointTenants in Common. V PARTNERS AND PARTNERSHIP-continued. (b) By Partners against third Persons, 102. (c) By third Persons against Partners, 103. (d) Witnesses connected with, 104. IX. RELATIVE TO BANKRUPTCY CONNECTED WITH, 106. X. RELATIVE TO THE DISSOLUTION OF, 107. PARTY WALL, 109. PATENTS FOR INVENTIONS. 1. RELATIVE TO FOR WHAT PATENTS MAY BE GRANTED, AND REQUISITES OF THE PATENT, 113. II. RELATIVE TO THE SPECIFICATION, 115. III. RELATIVE TO THE CONSTRUCTION, 116. IV. RELATIVE TO THE AMENDMENT OF, 116. V. RELATIVE TO CONTRACTS BETWEEN PATENTEES, 116. VI. RELATIVE TO THE LICENSE TO USE, AND MODE OF ENFORCING COMPENSATION FOR USE OF, 117. VII. RELATIVE TO THE REMEDIES FOR AN INFRINGEMENT. 1. RELATIVE TO THE MODE IN WHICH A LEGAL PAYMENT MAY BE MADE. (a) By Bill, 128. (b) By Cheque, 128. II. RELATIVE TO WHOM MADE, 129. III. RELATIVE TO THE TENDER OF PAYMENT. IV. RELATIVE TO PLEADING PAYMENT, 130. VI. RELATIVE TO NEW ASSIGNMENT, 131. VIII. RELATIVE TO THE JUDGMENT ON, 133. PAYMENT OF MONEY INTO COURT. 1. RELATIVE TO WHEN ALLOWED, 135. II. RELATIVE TO THE AMOUNT TO BE PAID INTO COURT, 136. III. RELATIVE TO THE PLEA OF PAYMENT OF MONEY INTO COURT, AND ORder for 136. IV. RELATIVE TO THE LEGAL EFFECT OF PAYING MONEY INTO COURT AND PROCEEDING FOR A SUM ULTRA, 137. |