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to compel the attendance of witnesses, p. 77.


of writ of maudamus in the declaration (68), p. 47.

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


in second ejectment for same premises against same defend-
ant, may be ordered to give security for costs (93), p. 64.


must be attested, p. 22.


must be attested, p. 22.



for the examination of witnesses under the 1 Will. IV. c. 22,
p. 35.


return to be made 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.



of disputed with genuine writing (27), p. 23.


judge may on application of either party decide matters of
mere account in a summary way (3), p. 3.

or refer them to an arbitrator appointed by the parties (3),
p. 3.

or to an officer of the court (3), p. 3.

or in country causes to the judge of any court (3), p. 3.

award or certificate of the referee enforceable as the finding of
a jury (3), p. 3.

judge may by consent direct cause to be stated (4), p. 4.

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

arbitrator may state special case (5), p. 5.

upon trial of matters of fact by judge, matters of account may
be referred to arbitration (6), p. 5.

proceedings to be conducted and power of arbitrator to be as

upon a reference by consent under a rule of court or judge's
order (7), p. 6.

court or judge to have power to remit matters to arbitrator (8),
p. 6.

applications to set aside award within seven days of the following
term (9), p. 7.

if no application, award to be final (10), p. 8.

award made on compulsory reference may be enforced after seven
days from publication, although the time for moving to set it
aside has not elapsed (10), p. 8.


may make solemn affirmation or declaration (20), pp. 15, 16.


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

agreements or subscriptions to arbitration by, may be made a

rule of court (17), p. 12.

statement of special case by, p. 26.

in ejectment, p. 27.


proceedings against witnesses for (56), p. 43.


or abandonment of action in case of death, proceedings to
compel (92), p. 61.


injunction to restrain breaches of (79), p. 51.


how far allowed to party producing him (22), pp. 16, 17.
by former inconsistent statement (23, 24), pp. 19, 20.

must be material to the issue, p. 13.

by proof of previous conviction of felony or misdemeanor (25),
pp. 21, 22.


for felony or misdemeanor, when and how proved (25) pp.
21, 22.


of witnesses' depositions may be obtained from the masters'
office (55), p. 43.

of entries in debt attachment book, may be taken on application
(66), p. 47.


to disclose documents and answer interrogations by officer on
their behalf (50, 51), pp. 37, 41.


terms as to, on the reference to arbitration of matters of
account, to be such as the court or judge shall think reason-
able (3), p. 3.

the like on a reference on the trial of issues of fact by a judge
(6), p. 5.

the like when matters remitted to the arbitrator (8), p. 6.
of staying proceedings in action commenced after agreement
to refer, in the discretion of the court or judge (11), p. 8.
of the jury, a condition precedent to, adjournment of trial, p. 15.
payable in all cases on quashing proceedings in error, p. 26.
of special case, p. 27.

agreement by parties as to, p. 27.

of appeal, bail for required (38), p. 30.

power of the Court of Appeal to adjudge payment of (42). p. 31
Court of Error may adjudge, to the defendant in error on
affirmance of judgment below (43), p. 32.

of first trial to abide the event, unless otherwise ordered, when
new trial granted on the ground that the verdict was against
evidence (44), p. 33.


of application and proceedings thereon for examination of
person refusing to make affidavit, to be in the power of the
judge (48), p. 36.

of application and proceedings thereon, on examination of party
omitting to answer interrogatories in the power of the court
or judge (53), p. 42.

of every application for the examination of witnesses and of the
rule or order and proceedings thereon, to be in the discretion
of the court or judge (57), p. 43.

of inspection of real or personal property by jury, or parties, or
witnesses, in the power of the court or judge ordering same
(58), p. 44.

recovery of, of suit by judgment creditor against the garnishee
(64), p. 46.

of application for an attachment of debts and of proceedings
arising from or incidental thereto, in the discretion of the
court or judge (67), p. 47.

recovery of, in actions where a writ of mandamus is claimed
(70), p. 48.

execution for same (71), p. 48.

order for payment of, of performance of act required to be done
by writ of mandamus (74), p. 49.

equitable plea or replication may be struck out on such terms as
to court or judge may seem reasonable (85), p. 58.

security for, by claimant in second action of ejectment (93)
p. 64.

of amendments, in the discretion of the court or judge (96),
p. 67.

rules and orders respecting, to be made by the judges (97),
p. 70.


speeches of, to the jury (18), p. 13.


act extended to the courts of the (100), p. 71.


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


definition of (99), p. 70.

Power of

trial of issues of fact by (1), p. 1.

power for two judges to sit at the same time for trial of causes pending in the same court (2), p. 2.

power to, or judge to direct arbitration before trial (3), p. 3. or to direct special case to be stated (4), p. 4..

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

power to remit matters to the re-consideration and re-determination of the arbitrator (8), p. 6.

to stay proceedings in action commenced by one party after all have agreed to arbitration (11), p. 8.

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

or order delivery of possession of land pursuant to
award (16), p. 12.

when agreement or submission to arbitration is made a rule of
one court, no other court to have power to entertain any
motion respecting the arbitration or award (17), pp. 12, 13.
to adjourn trial (19), p. 14.

to permit witness to make affirmation instead of oath (20),
pp. 15, 16.

to settle appeal on motions for new trial, &c., where the parties differ (39), p. 31.

to order production of documents (46), p. 34.

or examination of witnesses (46), p. 34.

to compel the discovery of documents (50), p. 37.
to allow interrogatories (51), p. 41.

may dispense with affidavit (52), p. 42.

in default of answer, may order oral examination (53), p. 42. discretionary power as to costs (57), p. 43.

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

and to make rules or orders upon the sheriff or other per

son to procure the attendance of a special or common
jury (59), p. 45.

to order the examination of judgment debtors (60), p. 45.
discretion as to costs of application (67), p. 47.

to order peremptory writ of mandamus (71), p. 48.

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