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at common law, p. 38.

under the 14 & 15 Vict., c. 99, p. 39.


power to parties to apply to court or judge for order for, by
the jury, himself, or witnesses (58), p. 44.

terms as to costs and otherwise to be ruled as court or judge
may direct (58), p. 44.

not to affect provisions of the Common Law Procedure Act,
1852, or previous Acts, as to view (58), p. 44.

application of existing rules to this Act (58), p. 44.

provisions of the Common Law Procedure Act, 1852, as to
obtaining a view, p. 44.

and of the Patent Law Amendment Act, 1852, p. 45.


proof of, attesting witness need not be called unless attestation
necessary to its validity (26), p. 22.

classes of cases in which attestation necessary, p. 22.

power to stamp, at the trial (28, 29), pp. 23, 24.

in actions on negotiable, court or judge may order loss of, not
to be set up (87), p. 58.

how act to be cited in (106), p. 73.


duty of the officer of the court to call the attention of the
judge to (28), p. 23.



delivery of written, to opposite party, to be answered by affi-
davit (51), p. 41.


Act not to extend to (107), p. 73.

except certain provisions (103), p. 72.

power to courts in, to issue process to compel attendance of wit-
nesses out of jurisdiction, p. 77.


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

verdict not to be questioned on the ground of being against the
weight of evidence (1), p. 1.

power of court to direct (4), p. 4.

finding of the jury thereon to be conclusive on the arbitrator
(4), p. 5.

involving matters of account not conveniently triable by judge,
may be referred to arbitration (6), pp. 5, 6.


meaning of the word (99), p. 70.

trial by, of questions of fact, by consent (1), p. 1.

verdict of judge to be of the same effect as the verdict of a jury
(1), p. 1.

but not to be questioned on the ground of being against the
weight of evidence (1), p. 1.

power of, to direct arbitration before trial (3), p. 3.

or to direct a special case to be stated (4), pp. 92, 93.

or an issue or issues to be tried (4), p. 4.

power to direct arbitration at time of trial (6), p. 5.

power to remit matters to the reconsideration of arbitrator (8),
p. 6.

enforcement of awards by authority of, before time for setting
aside has elapsed (10), p. 8.

power to stay proceedings in action commenced by one party,
after agreement to refer to arbitration (11), p. 8.

power to appoint arbitrator or umpire on failure of the parties,
&c. (12), p. 10.

to enlarge the term for making an award (15), p. 11.

to adjourn trial (19), p. 14.

to administer oath instead of affirmation in certain cases (20),
pp. 15, 16.

to allow party to contradict his own witness (22), p. 16.

to require production of previous statement of witness (24),
p. 19.

ruling of, as to sufficiency of stamp, how far final (31), p. 26.
to direct oral examination of witnesses (46), p. 34.


JUDGE continued :

and command their attendance (47), p. 34.

and adjourn examination (47), p. 34.

to order examination of person refusing to make an affidavit

(48), p. 36.

to compel the discovery of documents (50), p. 37.

to allow opposite party or his attorney to be interrogated (51),
p. 41.

and in default to order oral examination (53), p. 42.

to make special report of examination (56), p. 43.
discretion as to costs (57), p. 43.

to order inspection by jury, party, or witnesses, of any real or
personal property (58), p. 44.

and to make rules or orders upon the sheriff in relation thereto,
(59), p. 45.

to order the examination of a judgment debtor (60), p. 45.

and to order attachment of debts (61), p. 46.

and in default of payment, or dispute of debt, to issue execution,
(63), p. 45.

or if liability disputed, to allow judgment auditor to proceed
against the garnishee (64), p. 45.

to order the specific delivery of chattels (78), p. 50.

to grant writ of injunction, exparte (82), p. 53.

to strike out equitable plea or replication (86), p. 58.

to order loss of instrument not to be set up (87), p. 58.

to compel continuance on abandonment of action in case of
death (92), p. 61.

to require security for costs in second ejectment for the same
premises (93), p.64 .

to amend defects and errors in proceedings under Act, (96),
p. 67.


two may sit at the same time for trial of causes pending in the
same court (2), pp. 2, 3.

power of, to make general rules and orders (97), p. 70.
powers given to, of the superior courts at Westminster, to be
exercised by the judges of the palatinate courts (100), p. 71.


powers of, to make rules, &c. (100), p. 71.


power of judge of superior court to refer matters of account to,
(3, 6), pp. 3, 5.


referring matters of account to arbitration (3, 6), pp. 3, 5.

for stating case (4), p. 4.

for trial of an issue (4), p. 4.

referring matters back to arbitration (8), p. 6.

staying proceedings in action where parties have agreed to arbi-
tration (11), p. 8.

appointing arbitrator on death or failure of parties (12), p, 10.
to enlarge time for making awards (15), p. 11.

for adjournment of the trial of a cause (19), p. 14.

for the oral examination of witnesses (46, 47), p. 34.

for the discovery of documents (50), p. 37.

for the oral examination of the parties or their attorneys (53),
p. 42.

for the inspection by the jury, party, or witnesses of any real
or personal property (58), p. 44.

or machinery, under the Patent Law Amendment Act, 1852,
p. 45.

upon the sheriff or other person, to procure the attendance of
jurors (59), p. 45.

to examine judgment debtors as to debts due to him (60), p. 45.
to attach debts owing by the garnishee (61), p. 46.

for execution in default of payment (63), p. 46.

or that the judgment creditor shall proceed by suit (64), p. 46.
that execution shall issue for the return of a detained chattel (78),
p. 50.

to strike out equitable plea or replication (86), p. 58.
that loss of negotiable instrument shall not be set up (87), p. 58.
compelling party to proceed with action on death of either
party (92), p. 61.


to be given by Court of Error on a special case (32), p. 26.
in action for mandamus (71), p. 48.

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


proceedings by, for attachment of debts due from third persons
to debtor (60 to 67). (See JUDGMENT DEBTOR, infra.)

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

power of judge to order an attachment of debts due to (61),
p. 46.

order for attachment to bind debts (62), p. 46.

proceedings to levy amount due from garnishee to (63), p. 46.
by order of judge the judgment creditor may sue the garnishee
if he disputes his liability (64), p. 46.

nature of writ and proceedings thereon (64), p. 46.

payment by garnishee to be a discharge as against the (65), p. 47.
attachment book to be kept by the masters of each court (66),
P. 47.

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inspection of real or personal property by (58), p. 44.

power to courts or judge to make rules and orders to procure
the attendance of a special or common (59), p. 45.

provisions of the Common Law Procedure Act, 1852, as to a
view by, p. 44.


provisions relating to the superior courts, to apply to (100),
p. 71.

provisions relating to the masters of the superior courts to
apply to the prothonotary of (101), p. 71.

appeal from, to the Court of Queen's Bench, on motions for
new trials, or to enter verdicts or non-suit (102), p. 72.

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