Page images
PDF
EPUB

EVIDENCE (see also "DISCOVERY"):

affirmation instead of oath in certain cases (20), pp. 103, 104.
penalty for making false statements (21), p. 16.

how far party may discredit his own witness (22), pp. 16, 17.
proof of contradictory statement of adverse witness (23),
pp. 19, 20.

cross-examination as to previous statements in writing (24),
P. 19.

proof of previous conviction of a witness (25), pp. 20, 21.
attesting witness need not be called except where attestation
requisite to the validity of the instrument (26), p. 22.

comparison of disputed writing (27), p. 23.

provision for stamping documents at the trial (28), p. 23.

on payment of duty and penalty, and additional penalty
of 11. documents to be admissible (29) pp. 23, 24.

no new trial to be granted by reason of the ruling of any judge
that the stamp is sufficient or does not require a stamp (31),
p. 26.

extension of preceding provisions to all courts of civil judicature
in England and Ireland (103), p. 72.

verdict of judge on issues of fact not to be questioned on the
ground of being against the weight of evidence (1), p. 1.
no appeal to be allowed on motion for new trial on the ground
that verdict against the weight of evidence (35), p. 29.

when new trial granted on the ground that verdict against, costs
to abide the event (44), p. 33.

power to court or judge, upon hearing any motion or summons,
to direct the oral examination of witnesses (46), p. 34.

proceedings before and upon such examination (47) pp. 34,
35, 36.

punishment for giving false, under Act, (89), p. 59.

process to compel the attendance of witnesses out of the juris-
diction, to give, p. 77.

EXAMINATION :

of judgment debtor, as to debts due to him (60), p. 45.

of witnesses, viva voce, upon the hearing of any motion or
summons, (46), p. 34.

proceedings before and upon such examination (47), p. 35.

EXAMINATION-continued.

of person who refuses to make an affidavit (48), p. 36.

proceedings upon order for examination (49), p. 37.
of parties in case of omission to answer written interrogatories
(53), p. 42.

depositions upon such examinations to be returned to
the master's office (55), p. 43.

special report of examiner thereon (56), p. 43.

costs of rule and examination to be in the discretion of
the court (57), p. 43.

EXAMINATION OF WITNESSES AT THE TRIAL. See
"EVIDENCE" and "WITNESSES."

EXAMINER OF WITNESSES:

to make a special report to the court, if required (56), p. 43.

EXCHEQUER CHAMBER:

a court of appeal for the purposes of the Act (36), p. 30.

EXECUTION :

after judgment for a mandamus (71), p. 48.

EXECUTION, STAY OF:

notice of appeal to be, if bail given (38), p. 30.

EXECUTION, WRITS OF:

to fix bail may be tested, and returnable in vacation (90), p. 59.
duration and renewal of (94), p. 65.

EXECUTION BY ATTACHMENT OF DEBTS:

court or judge may order oral examination of the judgment
debtor, as to debts due to him (60), p. 45.

mode of conducting examination (60), p. 45.

judge may, on application of judgment creditor, order the
attachment of debts in hands of debtor (61), p. 46.

and may order garnishee to show cause why he should not
pay the debt to the judgment creditor (61), p. 46.

EXECUTION BY ATTACHMENT OF DEBTS-continued.
service of order for attachment or notice to bind such

debts (62), p. 46.

if garnishee does not pay or dispute the debt, judge may order
execution to issue (63), p. 46.

if liability disputed, garnishee may be sued by judgment
creditor (64), p. 46.

payment by garnisher to be a valid discharge for him (65), p. 47.
attachment books to be kept by the masters of the courts
(66), p. 47.

copies of entries therein may be taken on application
(66), p. 47.

costs of application for attachment and proceedings to be in the
discretion of the court or judge (67), p. 47.

EXECUTORS:

proceedings against, upon a judgment of assets in futuro
(91), p. 60.

EXPENSES:

of witnesses served with special writs of subpœna to be paid, p. 78.
FACT, TRIAL OF QUESTIONS OF:

by judge by consent, (1), p. 1.

relating to any particular item in an action referred to arbitra-
tion (4), p. 4.

FALSE:

affirmation, punishment for (21, 89), pp. 16, 59.

evidence, &c., under Act, punishment for (89), p. 59.

FELONY:

proof of conviction of witness for, may be given by the opposite
party (25), pp. 21, 22.

form of certificate for that purpose, (25), p. 21.

FOREIGN ATTACHMENT:

plea of, in the Lord Mayor's Court of London (65), p. 47.
FORFEITURE:

relief against, by courts of equity, p. 56.

FORM:

of solemn affirmation or declaration, instead of oath in certain
cases (20), p. 15.

FORM-continued :

of notice to sheriff of renewal of writ of execution, p. 66.
of præcipe for renewal of a writ of execution, p. 67.

FORMS OF PROCEEDINGS:

power to the judges to issue (98), p. 70.

FRAUD:

relief against, in courts of equity, p. 54.
GARNISHEE:

attachment of debts owing or accruing from, to judgment
debtor (61), p. 46.

service of order or notice of attachment, to bind debts in the
hands of (62), p. 46.

proceedings to levy amount due from, to judgment debtor (63).
p. 46.

may be sued by judgment creditor if he disputes his liability
P. 46

(64),

payment by, or execution levied upon, to discharge him (65),
p. 47..

GAZETTE (LONDON):

publication in, of order extending act to courts of record (105),

GENERAL RULES:

power to the judges to make (97), p. 70.

GENUINE WRITINGS:

comparison of, with disputed, may be made by witnesses (27),
p. 23.

GROUNDS OF MOTIONS:

to be stated in rule nisi for new trial, or to enter a verdict or
nonsuit (33), p. 28.

HANDWRITING:

comparison of disputed, with genuine, may be made by wit-
nesses (27), p. 23.

HOUSE OF LORDS:

a court of appeal for the purposes of the Act (36), p. 30.

INCONSISTENT STATEMENT:

proof of, by adverse witness (22), pp. 16, 17.
on cross-examination (23), pp. 19, 20.

when statement in writing (24), p. 19.

INDEMNITY:

to be given against claims of third parties where loss of negoti-
able instrument ordered not to be set up (87), p. 58.

INFERENCES OF FACT:

to be drawn by court of error on a special case (32), p. 26.

INFRINGEMENT OF PATENT:

inspection of machinery in action for, p. 45.
injunction in action for, p. 52.

IN FUTURO:

judgment of assets, proceedings upon (91), p. 60.

INJUNCTION:

claim of writ of, in cases of breach of contract or other injury
(79), p. 51.

notice on writ of summons, that in default of appearance the
plaintiff may, besides proceeding to judgment and execu-
tion for damages and costs, apply for and obtain a writ of
(80), p. 52.

proceedings in such action (81), p. 52.

writ of, may be applied for in any stage of the cause (82), p. 53.

INLAND REVENUE:

Commissioners of:

return to, of monies received at trials on account of stamp
duties and penalties (29), p. 24.

to cause documents to be stamped (29), p. 24.

Receiver General of:

stamp duties and penalties be paid to, by officers of court
(29), p. 24.

« PreviousContinue »