The New Instructor Clericalis: Stating the Authority, Jurisdiction, and Modern Practice of the Court of King's Bench

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W. Clarke and Sons, 1818 - 971 páginas
 

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Contenido

Of the Circuit
80
Rules necessary to be known by Practisers
106
Of Persons privileged from Arrest
112
In what Cases Affidavit not sufficient besides those
123
the Affidavit
129
Bills of Exchange
135
If made in Scotland
141
Of examining Witnesses on Interrogatories before
145
As to issuing a bailable Bill of Middlesex
147
Cities or Towns having a Sheriff or Sheriffs
153
Counties Palatine Cinque Ports Directions to
159
Staying Proceedings
165
How to put in same by Bill
171
Allowance of Bail
179
If same Bail to Sheriff become Bail above
186
Notes of Cases on Assignment of Boud and staying
194
How to compel him to bring in the Body
207
Of common Bail
213
Of Security for Costs
220
As to Particular of Plaintiffs Demand
226
Within what Time to declare
235
Of intituling it and laying the Day in Declaration
239
Of the Venue
246
Of changing the Venue
252
As to privileged Persons
258
Of the Demand of Plea
264
Issuable Plea within the meaning of an Order
270
Of searching for Plea
276
Of Plea in Abatement
282
225
287
Pleading specially
288
Of amending Pleas Declaration and other Plead
297
Of Notices to Assignees c
307
How to pay Money into Court
315
Tender
322
Fresh Demand and Refusal
328
Special Pleas
334
Of moving to abide by Plea
340
How to compel Plaintiff to to reply rejoin c št
342
Notes respecting Paper Books
348
How to proceed to Argument on general Demurrer
355
When Demurrer may be made up by Defendant
361
How to compel the Entry of the Issue
371
When a Terms Notice is not requisite
377
Of Costs for not proceeding to Trial
383
When not entitled to this Judgment
391
The Entry of Pleadings
450
Of Executors and Administrators
456
Of the Writ of Inquiry
495
Inquiry before the Chief Justice
506
When Motion necessary to enter it up
518
Of sci fa to revive Judgment
538
Precedents of sci fa to revive
544
Proceedings against Bail by sci fa 553
553
Of exonerating Bail
572
Of staying Proceedings where Error brought
579
Of Proceedings by Attornjes
587
Of taxing their Bills
595
Appearance
603
Corporations
609
How to appear if no Bail required
618
How to proceed
625
Of Bail to capias utlagatum
632
How to obtain the Writ
638
Statute of Limitations
646
Of Notice to quit previous to Ejectment
657
For what the Action of Ejectment lies
664
How to describe the Premises if for a Rectory
671
Of Motion for Judgment
672
How to appear for the Tenånt
678
How to proceed against Tenant after Plea filed
685
Of the Writ of Possession
691
Proceeding under Stat 4 Geo 2 c 28
697
Of Proceeding in a second Ejectment Costs
703
Proceedings against Prisoners
709
Within what Time Prisoners are to plead in County in Counus
715
How to proceed by Original against Defendant
724
Of the Habeas Corpus ad respondendum
733
Of the Proceedings by Habeas Corpus to remove
746
How to proceed after Cause removed
752
Habeas Corpus ad satisfaciendum
760
Of Abatement by Death 1767
767
Of Discontinuance of the Action 1778
778
Arbitration
784
As to the Rule to refer
790
How to proceed after Award entered
797
Notices of Motion
807
Of Bail in Error
813
Cases relating to Error
819
Of Reversal
835
Swed
964

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Página 14 - A THIRD species of implied assumpsits is when one has had and received money belonging to another, without any valuable consideration given on the receiver's part : for the law construes this to be money had and received for the use of the owner only ; and implies that the person so receiving promised and undertook to account for it to the true proprietor.
Página 581 - AB, as for his costs and charges by him about his suit in that behalf expended...
Página 861 - C. prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and proceedings aforesaid, may be reversed, annulled, and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, &c.
Página 756 - But the great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ad subjiciendum ; directed to the person detaining another, and commanding him to produce the body of the prisoner, with the day and causo of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, submit to, and receive...
Página 480 - VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the...
Página 12 - An annuity is a yearly payment of a certain sum of money, granted to another in fee, for life, or years, charging the person of the grantor only.
Página 102 - Affidavit shall be made by the Plaintiff, or some one on his Behalf, for which no fee shall be taken, before some Judge of the Court out of which such Process or Execution shall issue, or before some Person authorized to take Affidavits in such Courts...
Página 2 - All courts of record are the king's courts, in right of his crown and royal dignity, and therefore no other court hath authority to fine or imprison ; so that the very erection of a new jurisdiction with power of fine or imprisonment, makes it instantly a court of record.
Página 5 - It keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings to be determined here, or prohibit their progress below. It superintends all civil corporations in the kingdom. It commands magistrates and others to do what their duty requires, in every case where there is no other specific remedy. It protects the liberty of the subject, by speedy and summary interposition.
Página 50 - ... made use of upon the account or for the profit of any unqualified person...

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