COURT, continued. rules "nisi," ib CUSTOMS, OFFICERS OF proceedings against, see "MAGISTRATES," &c. DEBT AND COSTS must be indorsed on writs, see the several "WRITS" DEPOSIT IN LIEU OF BAIL. amount to be paid to sheriff, 94 and paid by him into court, ib may be returned to defendant on perfecting bail, ib motion to pay same over to plaintiff if special bail not service of notice, ib not payable to plaintiff on render, 95 if paid by a third person must be repaid to him, ib no poundage, ib if defendant has removed, ib upon payment of £10 further, no bail necessary, ib bail bond may be cancelled, 96 appearance must be entered, ib if part of plaintiff's demand admitted, 96 upon judgment for plaintiff's deposit paid to him, ib defendant may pay into court amount sworn to, and £20 after special bail defendant may make deposit, ib defendant in custody may make deposit and obtain a supersedeas, 97 if plaintiff recover a verdict, he must take deposit out of court and issue execution for residue, ib decision of the court in a case thereon, ib DETAINER, WRIT OF against a prisoner, 52 directed to the warden, &c. ib debt and costs must be indorsed, ib also name of attorney, &c. ib must be served by warden on defendant, ib time for putting in bail, 53 must be returned by warden, ib must only contain names of defendants in one action, ib DISTRINGAS, WRIT OF when may be issued on non-personal service, 38 must be obtained on rule of court or judge's order, ib to distrain 40s. ib notice thereof must be served on defendant, 39 full and distinct affidavit required, ib contents thereof, ib must describe the nature of the action, 40 if defendant abroad, ib DISTRINGAS, WRIT OF, continued. service at a counting-house insufficient, 41 all defendants must be in court before declaration, ib to issue against the party not appearing only, ib directed to sheriff, ib notice thereto, ib copy, writ, and notice must be served by sheriff, 42 when plaintiff may appear, sec. stat. ib and proceed to judgment, ib return of by sheriff, ib if defendant not found or distress made, ib debt and costs to be indorsed, 43 how to distrain, ib issues to be returned on appearance, ib against partners, ib if one abroad must proceed to outlawry, ib TESTATUM, ib when necessary, ib COUNTIES PALATINE, 44 if defendant reside in different counties, ib PEERS, &c. against, see "PEERS MEMBERS OF PARLIAMENT, see "MEMBERS," &c. if does not appear by guardian, ground of error, ib sued as co-executor, must defend by guardian, 63 INFANTS, continued. against BARON and infant FEME, ib must appear by guardian, ib order to sue must be obtained before declaration, ib order to defend must be obtained before appearance, 64 ought not to be arrested, ib but if arrested, must plead in abatement, ib nor subject to costs as plaintiff, ib otherwise when defendant, ib taken on a ca. sa, ib LIMITATIONS, STATUTE OF Proceedings to save, 54 LORD MAYOR OF LONDON Freedom from arrest, 17 MAGISTRATES, CONSTABLES, OTHERS, proceedings against, 59 time limited for actions against them, ib notice of action must be given, ib to what period limited, ib ALIAS and PLURIES, process how to be continued, ib NOTICE of ACTION, what it must contain, ib demand copy and perusal of warrant, ib how served, ib if copy not granted, action should be otherwise against magistrate, ib may tender amends, ib and plead tender, ib or pay money into court, ib subsequent proceedings, ib OFFICERS of CUSTOMS and EXCISE, proceedings against, time for commencement of actions, 61 notice of action, ib how to be served, ib contents of, ib OFFICERS of the ARMY and NAVY, proceedings against, ib time for commencement of actions, ib COMPANIES, proceedings against, 61, 62 time for commencement of actions, ib MARSHAL AND ASSOCIATE, duties of, 8 of KING'S BENCH MARSHAL AND ASSOCIATE continued. freedom from arrest, 17 MASTERS AND PROTHONOTARIES appointment of, 3 duties of, 4 MEMBERS OF PARLIAMENT, freedom from arrest, 17 proceedings against, under stat. 6 Geo. IV. c. 16, ib directed to defendant, ib time for appearance, ib notice to, ib need not be described as having privilege, 57 may be sued jointly with common persons, ib MONEY INTO COURT, DEPOSIT in lieu of BAIL, see "DEPOSIT." MOTIONS TO SET ASIDE PROCEEDINGS, must be made promptly, 111 notice of two days must be given actual day of showing cause, 12 on last day of term, ib affidavits not to be taken before attorney in the cause, 36 nor his partner, ib NAVY, OFFICERS OF proceedings against, see "MAGISTRATES.” NEW TRIALS MOTIONS, for whem taken, 11 days of argument, ib how enlarged, ib NON OMITTAS, see the several " WRITS." OFFICERS OF THE COURT, PALATINE COUNTIES, writs to, see the several " WRITS." PAPER, SPECIAL when taken, 11 PARLIAMENT, MEMBERS OF.-See "MEMBERS OF PARLIAMENT." PARTNERS, writs of distringas against, 43 PAUPER, affidavit to obtain order to sue in forma pauperis, 65 and consent, ib and consent of attorney, ib must have a meritorious cause of action, ib but must first be made a rule of court, ib not liable to fees, 66 if he recover more than £5, ib not liable to defendant's costs, ib judgment as in case of nonsuit against, ib ejectment by, ib cannot sue for penalties, 67 case where a small sum was paid into court, ib PEERS, proceedings against the same as against common persons, 56 their names of dignity must be stated therein, 57 but need not be described as having privilege, ib DISTRINGAS against, ib if no appearance entered, same may be entered, sec. stat., ib may be sued jointly with common persons, ib freedom from arrest, 17 PEERESSES, freedom from arrest, 17 PERSONS entitled to sue in the Exchequer, 15 PLAINTIFF IN PERSON must indorse writ, &c., 51 no warrant can be granted by sheriff, except writ indorsed by an attorney, ib PLURIES, WRITS when necessary, 53 PRISON, PRISONERS, BAIL for, see 66 66 BAIL," 91 WRIT of DETAINER against, see “DETAINER.” of SUMMONS against, see "SUMMONS." RENDERING, see "RENDER." PRIVILEGE, what persons have, 15, 16, 17 where taken away by statute, 15 |