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COURT-continued.

not to affect the jurisdiction of the Queen's Bench as to
mandamus (75), p. 49.

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

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

may discharge, vary, or set aside same (82), p. 53.

to strike out equitable pleas or replications (86), p. 58.

to prevent loss of instruments being set up as a defence
(87), p. 58.

jurisdiction under Shipowners' Act (88), pp. 58, 59.

to order claimant in second ejectment to give security for
costs (93), pp. 64, 65.

may appoint sittings in term and vacation (95), p. 67.

to amend errors and defects in any proceedings under Act
(96), pp. 67-69.

of judges, to issue new forms of writs and proceedings (98),
p. 70.

COURTS OF APPEAL, (see also APPEAL):

Court of Error, the Exchequer Chamber, and the House of
Lords, to be, for the purposes of the Act (36), p. 30.

COURTS OF CIVIL JUDICATURE:

application of certain sections of the Act to (103), p. 72.

COURTS OF RECORD:

power to extend Act to (105) p. 72.

COURT OF ERROR, see "ERROR.”

COURTS, COUNTY, see "COUNTY COURT."

CREDIT OF WITNESS:

cannot be impeached by general evidence of bad character
(22), pp. 16, 17.

but party producing witness may contradict him by other
evidence (22), pp. 16, 17.

or by leave of the judge prove that he has made incon-
sistent statements (22), pp. 17, 18.

CREDITOR:

proceedings by judgment, for attaching debts due from third
persons to debtor (60 to 67.) (See JUDGMENT DEBTOR.)

CROSS-EXAMINATION OF WITNESS:

as to former inconsistent statements (23), p. 19.
when in writing (24), pp. 19, 20.

DAY, COSTS OF THE:

on adjournment of trial, p. 15.

DEATH OF PARTIES:

proceedings to compel the continuance or abandonment of
action in case of (92), pp. 61-64.

DEBT ATTACHMENT BOOK:
to be kept by master (66), p. 47.

DEBTOR:

proceedings by judgment creditor to attach debts due to (60-
67). (See JUDGMENT DEBTOR.)

DEBTS:

examination of judgment debtor as to, due to him (60), p. 45.
attachment of, due to judgment debtor, and proceedings thereon
(61-67).

DEFECTS:

in proceedings, amendment of (96), p. 67.

DECLARATION:

in lieu of affidavit or deposition by persons entertaining con-
scientious objections to oaths (20), pp. 15, 36.

delivery of interrogatories with the (51), p. 41.
claim in, of a writ of mandamus (68), p. 47.
allegations therein (69), p. 48.

DEFENCES:

plea of equitable, allowed (83), p. 53.

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

DELIVERY:

of specific chattel, in action for its detention (78), p. 50.

of possession of lands or tenements in pursuance of award (16),
P. 12.

DEMURRER:

to plea for want of equity, p. 57.

DEPOSITIONS OF WITNESSES:

to be returned to the master's office (55), p. 43.

DETENTION OF CHATTELS:

in action for, execution may issue for their return (78), p. 50.
DIFFERENCES:

stay of proceedings in case of, referred to arbitration (11), p. 8.

DISCOVERY:

of documents, application for, by affidavit, and order thereon
(50), p. 37.

power to parties, by order of the court or a judge, to deliver
written interrogatories to opposite party upon any matter as
to which discovery may be sought (51), p. 41.

application for order to be made upon affidavits of the
party proposing to interrogate, and his attorney (52),
p. 42.

oral examination of parties, by order of court or judge, in
case of omission to answer written interrogatories (53),
p. 42.

proceedings on such rule or order (54), p. 43.

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

examiner may make special report to the court (56), p. 43.
costs of rule and examination to be in the discretion of
the court (57), p. 43.

DISCREDIT OF WITNESS:

how far party may discredit his own witness (22), pp. 16, 17.
by proof of previous statements (23, 24), pp. 19, 20.

by proof of conviction for felony or misdemeanour (25), pp. 21,

22.

DISCRETION, MATTER OF:

no appeal on motion for new trial on (35), p. 29.

DISPUTED WRITING:

comparison of, with genuine (27), p. 23.

DISTRAINT:

of defendants' lands and chattels in default of returning specific
chattel claimed (78), p. 50.

DOCUMENTS:

order for the production of (46), p. 34.

discovery of, mode of proceeding for (50), p. 37.

stamping, at the trial (28), p. 24.

made or required under the act exempted from stamp duty (30),
p. 26.

no new trial to be granted on the grounds of the insufficiency
of the stamp on any document received in evidence (31), p. 26.
how Act to be cited in (106), p. 73.

DURATION:

of writs of execution (94), p. 65.

DURHAM, COURT OF PLEAS AT:

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 on nonsuits (102), p. 72.

DUTY (see " STAMP"):

action for mandamus to enforce the performance of (68), p. 47.

EJECTMENT:

claimant in second action of, for same premises against same
defendants, may be ordered to give security for costs (93),
p. 64.

special case may be stated in, p. 27.

ENDORSEMENT ON WRIT:

P. 47.

of notice of claim of writ of mandamus (68),
of application for writ of injunction (80), p. 51.

ENFORCEMENT OF AWARDS:

within period for setting aside (10), p. 8.

ENLARGEMENT OF TIME FOR MAKING AWARDS (15),
pp. 11, 12.

when no period stated, to be deemed to be an enlargement for
one month (15), pp. 11, 12.

power to enlarge is discretionary, p. 12.

EQUITABLE DEFENCES:

power to plead in actions at law (83), p. 53.

or to set up after judgment by way of auditâ querelâ (84), p. 57.
replication of, to plea of defendant (85), p. 57.

power to judge to strike out (86), p. 58.

examples of, p. 53.

accident, p. 53.
mistake, p. 53.
fraud, p. 54.
forfeitures, p. 56.

EQUITY, COURTS OF:

must still be resorted to in certain cases, pp. 50, 55, 56, 57, 58.

ERROR:

may be brought on judgment on a special case (32), p. 26.
proceedings thereon (32), p. 26.

upon award of trial de novo (43), p. 32.

if judgment affirmed in error, Court of Error may adjudge costs
to the defendant in error (43), p. 32.

ERROR, COURTS OF:

to be Courts of Appeal for the purposes of the Act (36), p. 30.

ERRORS:

in proceedings, amendment of (96), p. 67.

EVENT OF TRIAL:

when costs to abide (44), p. 33.

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