ARBITRATOR,

may proceed with reference, notwithstanding such revocation. 169. compelling attendance of witnesses before. 170.

power of, to administer an oath. Id.

ARCHBISHOP;

limitation of entry, distress, or action, for recovery of lands, &c. by. 28, 9. demand of tithes by. 39.

ARREST;

persons privileged from. 65. 87.

not subject to capias. 87, 8.

liable to be arrested thereon. 88.

having a temporary, or local privilege. Id. 89.

of some defendants on capias, and service of copy of writ on others. 68. 95.
when parcel of one county is surrounded by another. 96.
proceedings on, where defendant remains in custody; 97. 106. 112.
on giving bail to sheriff. Id.

making deposit in sheriff's hands. Id.

commencement of declaration after. 115. 115. 289. 291.

ARREST OF JUDGMENT;

entry of. 132. 178.

ASSAULT AND BATTERY;

money not to be paid into court, in action for. 139.

ASSIGNMENT,

of bail bond. 108. 283.

not to issue for disobedience of judge's order, to return writ &c. until made a rule of

for disobedience of such order, when made in vacation. Id.

court. 109. 111.

of rule or order for attendance of witnesses, or production of docu

ATTACHMENT OF PRIVILEGE;

mode of proceeding by, abolished by stat. 2 W. IV. c. 39. pp. 61. 64, 5. ATTENDANCE,

of witnesses, to be examined on interrogatories, &c. See tit. Witnesses. before arbitrators, compelling. 170.

ATTORNEY,

admission of;

ments. 163.

mode of proceeding for, by attachment, or capias of privilege, abolished by stat. 2 W.

IV. c. 39. pp. 61. 64, 5.

against, by bill, abolished by same statute. Id.

to declare, whether writ issued by his authority. 70.

ATTORNEY,

if not so issued, defendant may be discharged, &c. 70.

undertaking of, for appearance of defendant. 97. 106. 112.

AUXILIARY WRITS. 63.

AWARD;

arbitrator, or umpire, may make, notwithstanding revocation of his authority. 169. enlargement of time for making. Id.

limitation of action of debt on. 43.

B.

BAIL,

on arrest: 97. 106. 112.

deposit in sheriff's hands, in lieu of, on stat. 7 & 8 Geo. IV. c. 71. Id.

special;

indorsement on capias, of sum for which it is to be taken. 92.
time for putting in. 106.

consequence of defendant's being detained in custody, or going to prison, on

arrest, for want of. 92. 112. of his not putting in, after having given bail on arrest. 92. 108.

BAILABLE WRITS. 64.

judgment, or execution, on cognovit actionem, &c. not within stat. 6 Geo. IV. c. 16.

BANKRUPTCY;

liability of sheriff, for taking goods after act of. 184. execution levied after act of, when valid. 185.

108. p. 187.

creditor having security for his debt, not to receive more than other creditors. Id. BANKRUPTS;

settling claims by assignees of, on execution of process against goods and chattels,

mode of proceeding by, abolished by stat. 2 W. IV. c. 39. pp. 61, 2.

189, &c.

distinction between proceeding by, and by original writ, abolished by same statute.

limitation of entry, distress, or action by, for recovery of land, &c. 28, 9.

BOND;

demand of tithes by. 39.

limitation of actions on. 45.

BRINGING MONEY INTO COURT. See tit. Money.

61.

C.

CAPIAS,

writ of:

what, and in what actions it lies. 87.
against whom. Id.

name and place of abode of plaintiff, or his attorney. Id. 93.
amount of debt and costs, claimed by plaintiff. 93.

place of abode, and addition of defendant. Id.

issuing, signing, and sealing. Id.

præcipe for. Id.

affidavit of cause of action; Id.

before whom sworn. Id.

commission for taking, in England and Wales, &c; Id. 94.

in Great Britain, by courts in Ireland. 94.

authority given by. Id.

stamp duty on. Id.

not determined by demise of crown. Id.

authority of commissioners under, in courts abolished by 11 Geo. IV.

& 1 W. IV. c. 70. Id.

power of granting, extended to Scotland and Ireland. Id. 95.

delivery of, with copies thereof, to sheriff, &c. 95.

order for sheriff to arrest some defendants, and serve copy of writ on others.

warrant by sheriff, &c. for executing. Id. 96.

mandate in counties palatine. 96.

duty of sheriff, in executing; Id.

when parcel of one county is surrounded by another. Id.

proceedings on arrest; Id. 97.

delivery of copy of writ, &c. to defendant. 96.

indorsement of day of execution on; Id. 97.

when to be made, and consequence of omission. 97.

proceedings, when defendant cannot be arrested on; 98.
return of non est inventus; Id.

entry of, on record. 51.77.

alias and pluries; 98.

Forms;

may be directed to sheriff of another county. Id.

forms of. Id.

how issued, &c. Id.

unnecessary, when plaintiff does not proceed on first writ. Id.

writ of; 272.

præcipe for. Id.

direction of. 269.

to county palatine. 275.

memorandum to be subscribed to. 274.

warning to defendant on. Id.

Id.

CAPIAS,
Forms,

writ of;

indorsements on, before execution. 274.

after execution. 277.

statement of plaintiff's claim, for debt and costs. 274.

sheriff's warrant on. Id.

mandate to sheriff, for execution of, in county palatine. 275, 6.
returns to. See tit. Returns.

entry of non est inventus, and award of alias, in K. B. 254.

CAPIAS AD SATISFACIENDUM;

rules, and orders, to be made for return of. 109.

for costs of proceedings, for settling adverse claims; 198.

form of. 527.

teste of. 193.

CAPIAS OF PRIVILEGE;

mode of proceeding by, abolished by stat. 2 W. IV. c. 59. pp. 61. 64, 5. CARRIERS;

bringing money into court, in actions against. 139.

may be sued for loss of goods, &c. without joining all the partners. 140. CERTIFICATE,

of sheriff, &c., for staying judgment, after execution of inquiry. 132. depositions of witnesses, examined on interrogatories, &c. 167. proof of signature to, dispensed with. Id.

judge, for issuing execution forthwith; 175.

Forms;

to be entered of record. 176.

for immediate writ of possession, in ejectment. 198.

of service, under articles of clerkship. 259.

of under sheriff, for staying judgment, after execution of inquiry. 300.
the like, when judgment is stayed for a certain number of days only. Id.
of judge, for immediate execution, on stat. 1 W. IV. c. 7. p. 321.

CERTIORARI;

entry of, as part of postea. Id.

for immediate writ of possession, in ejectment. 330.

entry thereof on record. 331.

causes removed by, excepted out of stat. 2 W. IV. c. 39. pp. 51. 62, 3. 228. CHAMBERLAIN,

of Chester, authority and jurisdiction of, abolished by stat. 11 Geo. IV. & 1 W. IV. c.

service of writ of summons, issued against inhabitants of county of. 74. CLAIMS,

70. § 13. p. 82.

to rights of common, and other profits à prendre. See tit. Common, and Profits.
right of way, or other easement. See tit. Easements, and Way.
water-course, or use of water. See tit. Water, and Watercourse.
use of light. See tit. Lights.

rights of common, or of way, &c., may be alleged generally, in actions

how alleged, in pleadings to actions of trespass, &c. Id. presumption in support of, to rights of way, &c. how restricted. Id. of exemption from, or discharge of tithes; 38, 9.

limitation of. Id.

modus decimandi; Id.

limitation of. Id.

the

upon case, &c. 37.

CLAIMS,

of modus decimandi;

presumption, in favour of, when not allowed. 41, 2.

statement of plaintiff's claim, for debt and costs. 263. 270. 274. 278. adverse. See tit. Adverse Claims, and Interpleader.

CLERK OF ERRORS,

in Exchequer; 54.

appointment of. 100. (c.)

duties of. 54.

CLERK OF OUTLAWRIES,

in Exchequer, appointment of. 100.

CLERK OF PLEAS,

in Exchequer, by whom and how formerly appointed. 54.

office of, when vacant, not to be again filled up. 55.

CLERK OF RULES,

in Exchequer, office and duties of. Id.

COGNOVIT ACTIONEM;

judgment and execution on, not within stat. 6 Geo. IV. c. 16. § 108. p. 187. COLONIES;

powers of 13 Geo. III. c. 63. § 40, &c. relating to examination of witnesses in India,

rule for mandamus, or commission to. Id. 513.

writ of mandamus, for examination of witnesses in. 313.

COMMISSIONS,

for taking affidavits;

in England and Wales, &c. 93, 4.

Great Britain, by courts in Ireland. 94.

extended to. 160.

courts abolished by stat. 11 Geo. IV. & 1 W. IV. c. 70. § 13. Id.

Scotland and Ireland, by courts in England. Id. 95.

stamp duty on. 94.

authority given by. Id.

for examining witnesses on interrogatories abroad; 161. 164. and see tit. Witnesses.

form of. 319.

COMMON;

periods of limitation, for claiming rights of. 35.

how reckoned. 36, 7.

what shall be deemed an interruption. 37.

claims to rights of, may be alleged generally, in actions upon the case, &c. Id. how alleged, in pleadings to actions of trespass, &c. Id.

COMMON CARRIERS. See tit. Carriers.

COMMON PLEAS AT LANCASTER, See tit. Counties Palatine.

court of, empowered to order examination of witnesses, on interrogatories. 161. trial of adverse claims in. 128.

writs of inquiry, &c. in, when returnable. 183.

COMPENSATION,

pone loquelam, recordas facias loquelam, and accedari ad curiam, for

removal of causes from inferior courts, into. 118.

for tithes, what shall be considered as valid. 38, 9, 40.

COMPUTATION OF TIME. 36, 7. 41. 61, 2. n.

CONDITION,

broken, when right, in case of, shall be deemed to have accrued. 22.

of bail bond, form of. 276.

CONDUCT MONEY,

of witnesses. See tit. Arbitration, and Witnesses.

CONTEMPT OF COURT,

in not obeying rule or order, for attendance of witnesses, and production of docu

CONTINUAL CLAIM;

no right to be preserved by. 24.

ments. 163. 170.