CONTENTS.

PART I.

PROCEEDINGS IN AN ACTION TO EXECUTION.

CHAPTER I.

PROCEEDINGS BEFORE ACTION.

Notice of Action-to Justices-Officers of Excise and Cus-

toms, &c.-Officers of Army, Navy, and Marines-Clergy-

men- -Commissioners of Bankrupt-Other Notices required

by Statute-Limitation of such Actions-Demand of Copy

and Perusal of Warrant-Other Demands-In Trover-In

Detinue

Page 1

CHAPTER II.

WRIT OF SUMMONS-FORM OF ACTION.

Instructions to Agent-Names of Parties-Characters suing

or sued in-Residence of Defendant-Forms of Action-

Indorsement of Debt and Costs on Writ-When necessary

-What to indorse for Costs-Altering the Writ-Of Pro-

cess to save the Statute of Limitations

CHAPTER III.

13

PROCEEDINGS TO COMPEL DEFENDANT'S APPEARANCE.

Service of Writ personally-On Corporation-On Inhabi-

tants of a Hundred-Indorsement of Service-Proceedings

to obtain Distringas if Defendant keep out of the way

CHAPTER IV.

OF DECLARING.

29

Of proceeding after Debt paid-Appearance according to the

Statute-Infant prosecuting Action by next Friend-In-

structions for Declaration-Special Damage-Precautions

against being thrown over Assizes-Notice of Declaration-

Particulars of Plaintiff's Demand-Of declaring against

fewer Defendants than mentioned in the Writ

33

CHAPTER V.

OF ARREST, OR HOLDING TO BAIL.

In what Cases a Defendant may be held to Bail-when and

how-Privilege from Arrest-Amount for which to hold to

Bail-Affidavits to hold to Bail-Instructions to Agent-

Rule to return Writ of Capias-Proceedings on Bail-bond

-Proceedings against Sheriff-Opposing Bail-Conse-

quences of Failure in the Opposition

CHAPTER VI.

41

COGNOVIT-WRIT OF INQUIRY-JUDGMENT BY DEFAULT.

Giving time on Cognovit-In Actions on Promises-In Debt

-In other Actions-Attestation-Where Defendant has

been arrested-Filing-Judgment by Default-Rule to

compute-Writ of Inquiry-Notice of Inquiry-Execution

of Inquiry

49

CHAPTER VII.

PLAINTIFF'S PROCEEDINGS FROM DECLARATION TO NOTICE

OF TRIAL.

Pleas concluding to the Country-With a Verification-How

Defendant's Pleas are to be considered-If they answer the

Action-Discontinuing-If false-Where they can be an-

swered-Where their Sufficiency doubtful-Instances-

Bringing back Venue on undertaking to give material Evi-

dence Notice of Trial-How to calculate whether Action

brought in Time for the Assizes

CHAPTER VIII.

56

DEFENDANT'S PROCEEDINGS FROM SERVICE OR ARREST

TILL DECLARATION-PROCEEDINGS BY BAIL.

Taxing Costs indorsed on Writ-Summons to stay Proceedings

-its Effect-Instructing Defendant's Agents to appear-

Defendant's Course on being arrested-Paying Debt and

Costs-Giving Bail-bond-Making Deposit-Going to Pri-

son- -How to put in Bail-Deposit in Court in lieu of Bail

-Setting aside Proceedings on Bail-bond-Render to Pri-

son by Defendant-By the Bail-To County Prison-To

the King's Bench or Fleet-Judge's Order to render

62

CHAPTER IX.

DEFENDANT'S PROCEEDINGS FROM DECLARATION TO NOTICE

OF TRIAL.

Time to plead-Instructions for Plea-Further Time to plead

-Misnomer-Pleas in Abatement-Nonjoinder-Coverture

-Affidavit of Verification-Within what Time to plead in

Abatement-Changing Venue-Oyer-Paying Money into

Court-Notice of Trial-Application to put off Trial

CHAPTER X.

OF LAYING THE VENUE IN LONDON OR MIDDLESEX.

76

With what Objects-Time for pleading-What Notice of Trial

-Of the Sittings in London and Middlesex-Course of

taking the Causes-Notice of Inquiry in London or Mid-

dlesex .

CHAPTER XI.

83

PREPARATIONS FOR TRIAL, AND OF THE TRIAL.

Advice on Evidence-Brief-Special Jury-View-Notice to

produce-Stamping Documents in Opponent's Possession

-Notice to admit Documentary Evidence-Summons to

admit-Effect of these-Subpoenaing Witnesses-their

Expenses-Where Witness a Prisoner-Attorney's Pro-

ceedings at Assize Town-Consultation-Trial

CHAPTER XII.

87

SPECIAL CASE-SPECIAL VERDICT-BILL OF EXCEPTIONS-

DEMURRER TO EVIDENCE.

What a Special Case-After Issue joined-At Trial-Special

Verdict-Effect of it-Bill of Exceptions-when adopted

-Demurrer to Evidence-Effect of it.

CHAPTER XIII.

TRIAL BEFORE THE SHERIFF.

104

In what Cases-Application for-Instructions to Agents-Of

employing Counsel on--Sheriff's Fees on-Method of con-

ducting the Trial-Judgment after-Of staying Execution

-Motion for New Trial, &c.-Sheriff's Notes

CHAPTER XIV.

MOTION FOR NEW TRIAL, ETC.-JUDGMENT.

108

Various Motions after Trial-Within what Time-Of using

Affidavits-Costs of such Motions-Judgment-Taxing

Costs-Affidavit of Increase-Its Requisites-Papers to be

sent to Agent

.

114

CHAPTER XV.

OF EXECUTION.

Interest on Judgments-Costs of Execution-Fi. Fa.—What
to levy on-How to indorse-New Enactment as to Fi. Fa.
-Sequestration against Clergymen-Ca. Sa.-When Plain-
tiff entitled to take Expenses of-How to indorse it-Duty
of Sheriff on-Ca. Sa. to fix Bail-Elegit-Considerations
before issuing it-Proceedings after, by Ejectment-What
extendible on Elegit-Of Fi. Fa., Ca. Sa., and Elegit, when
issued by Defendant-Sheriff's Poundage-Remedy against
Sheriff for the Levy, &c.-Of ruling the Sheriff to return
the Writ-New Enactment as to Judgment Debts 118