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

As to giving Evidence
74
Of the Terms
80
Rules necessary to be known by Practisers
86
Of Arrest
98
For what a Person may be held to Bail
106
Of Persons privileged from Arrest
112
In what Cases Affidavit not sufficient besides those
123
When Persons cannot object to the Insufficiency
129
By Executors
138
As to suing out Process before Cause of Action
144
If the Defendant is not to be found in Middlesex
151
Counties Palatine Cinque Ports Directions to
159
Staying Proceedings
165
How to put in same by Bill
171
Of opposing the Bail
178
Of Exception and Justification
184
Of the Proceedings thereon
190
If Defendant returns into Sheriffs Custody after
196
How to proceed if Sheriff be out of Office
207
Of common Bail
215
Of calling for Plaintiffs Residence
223
Of declaring
229
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 Rule to plead
264
Issuable Plea within the meaning of an Order
270
Of searching for Plea
276
Of Plea in Abatement
282
Pleading specially
288
Setoff
299
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
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 Continuance of Notice of Trial
383
How to proceed to obtain same
389
Special Jury
396
The Record
403
Subpoena ad testificandum c
410
Of examining Witnesses on Interrogatories before
416
Of the Postea
427
Inquiry before the Chief Justice
506
When Motion necessary to enter it up
518
Of sci fa to revive Judgment
536
Precedents of sci fa to revive
542
Of Proceedings by Original on sci fa
549
Ditto by Action
555
How to proceed by sci fa
558
How to proceed by Original
567
Of exonerating Bail
574
Of Nonpros for not declaring
583
against Attornies
590
Proceedings against Peers
598
Of Proceedings against Members of Parliament
605
How to proceed
611
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 Defect in the Affidavit of Service
675
Of Appearance by Landlord
681
Judgments in Ejectment
687
Of Attornment
694
As to mesne Profits
701
Proceedings against Prisoners
709
Gaols
715
If Prisoner removes himself to the Fleet
723
Marshal
731
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
767
Of Discontinuance of the Action
778
Writs of Supersedeas
782
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 Amendment after Judgment if Error brought
825
Of the Writ of Certiorari
831
Of the Days for hearing Errors in Exchequer
837
How if no Assignment of Errors
844
If general Errors be assigned how to proceed
860
The standing Orders of the House
867
Of Costs in Error
873

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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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