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PRACTICAL AND ELEMENTARY

Abridgment of the Common Law

AS ALTERED AND ESTABLISHED

BY THE

RECENT STATUTES, RULES OF COURT,

AND

MODERN DECISIONS;

COMPRISING A

FULL ABSTRACT OF ALL THE CASES

ARGUED AND DETERMINED

IN THE

Courts of Common Law, & on Appeal.

WITH

THE RULES OF COURT, FROM M. T. 1824, To M. T. 1840, INCLUSIVE,

AND

THE STATUTES DURING THE SAME PERIOD.

WITH

CONNECTING AND ILLUSTRATIVE REFERENCES TO THE EARLIER

AUTHORITIES AND EXPLANATORY NOTES.

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LONDON:
V. & R. STEVENS AND G. S. NORTON, 26 & 39, BELL YARD, LINCOLN'S INN,

Law Booksellers & Publishers,
(Successors to the late J. & W.T. CLARKE, of Portugal Street);
AND ANDREW MILLIKEN, GRAFTON STREET, DUBLIN.

TABLE OF TITLES.

NOLLE PROSEQUI, 21.

NON ASSUMPSIT, 22.

NON EST FACTUM, PLEA OF, 23; and see

Bond-Covenant-Deed.

NON-JOINDER, 24.

NON OBSTANTE VEREDICTO, JUDGMENT

OF, 25.

NON PROS., JUDGMENT OF.

1. FOR WANT OF DECLARING, OR ENTERING

THE ISSUE, 26.

11. For WANT OF REJOINDER, 26.

111. FOR WANT OF DELIVERY OF PARTICULARS

OF DEMAND, 27.

IV. IN CASE OF PAYMENT OF MONEY INTO

Court, 27.

v. IN CASE OF BANKRUPTCY, 28.

vi. WHEN TO BE SIGNED, 28.

VII. Costs ON, 28.

VIII. OF THE JUDGMENT, 29.

ix. SETTING ASIDE, 29.

31.

NONSUIT, JUDGMENT OF.

I. WHERE A NONSUIT WILL OR WILL NOT BE

ALLOWED, 30.

II. RELATIVE TO THE PARTY ENTITLED TO

DEMAND IT, 30.

III. APPLICATION FOR, AND OF LEAVE RE-

SERVED TO MOVE FOR, 31.

iv. OF THE Costs, 31.

v. OF SETTING ASIDE,

vi. New TRIAL AFTER, 31.

NONSUIT, JUDGMENT AS IN CASE OF.

1. RELATIVE TO, WHEN IT WILL OR WILL NOT

BE ALLOWED.

(a) In general, 33.

(6) Of the New Rules, 33.

The Cause must be at Issue, and of

the Entry of the Issue, 34.

(d) Where several Defendants, 35.

Where a Demurrer, 35.

Where a New Trial, Rule for, aban-

doned, 35.

(9) Where a Reference, 35.

(h) Where a Cause made a Remanet, 36.

i) Where Debt and Costs paid, before

Motion for, 36.

(j) In Ejectment, 36.

(k) On Writ of Right, 36.

(1) Where Cause tried before the She-

riff, 36.

continued.

OFFICE AND OFFICER.

JI. RELATIVE TO, WHEN TO BE MOVED FOR.

1. IN GENERAL.

(a) In Town Causes.

(a) Relative to Offices, 58.

1. In general, 37.

2. Before Notice of Trial, 37.

(0) Relative to Officers.

3. After Notice of Trial, 38.

1. Duties and Liabilities of, 59.

2. Removal of, 60.

4. In Ejectment, 39.

(c) Relative to Agreements as to the fees,

(6) In Country Causes, 39.

61.

c) Before the Sheriff, 40.

111. RELATIVE TO THE MOTION AND RULE FOR,

(d) Remedies connected with.

1. By Action, 61.

AND HEREIN OF PLAINTIFF's Excuse

2. Indictment. See Indictment.

FOR NOT PROCEEDING.

3. Mandamus. See Mandamus.

(a) Of the Motion and Rule, 40.

4. Quo Warranto. See Quo War-

(0) Excuse for not proceeding.

ranto.

1. Illness of the Judge, 41.

II. IN PARTICULAR.

2. Illness of the Witness, 41.

See Army-Church-

warden Constable Corporation-

3. Poverty, 41.

Excise and Custom-Highway--Jus-

4. Insolvency, 42.

tice of the Peace-Overseer-Petty

5. Special Jury, Rule for, 42.

6. Cause not at Issue, or Action

Bay Office-Poor Rate-Prison and

Plaintifi's

brought without

Prisoner-Sheriff-Vestry Clerk.

Consent, or where Debt and ORDER OF A JUDGE. See Judge's Order-

Costs previously paid, 43.

Rules and Motions.

(c) Term's Notice, 43.

ORDER OF JUSTICES.

iv. RELATIVE TO THE AFFIDAVIT, 43.

See Justices of the

Peace.

v. RELATIVE TO DISCHARGING

THE RULE

FOR, AND OF THE UNDERTAKING TO ORDER OF REFERENCE. See Arbitration.

TRY, 43.

vi. RELATIVE TO MAKING THE RULE ABSO.

ORDER OF SESSIONS. See Poor-Sessions.

LUTE, 45.

ORIGINAL WRIT (ABOLISHED). See Process.

VII. RELATIVE TO THE EFFECT OF THE RULE,

QUSTER. See Ejectment.

45.

VIII, RELATIVE TO THE Costs, 45.

OUTLAWRY.

IX. RELATIVE TO SETTING ASIDE, 47.

1. RELATIVE TO THE 2 Will. 4. c. 39, 63.

NOTARY, 47.

II. RELATIVE TO THE COURT, 64.

111. RELATIVE TO THE PROCESS TO FOUND, 64.

NOTE, PROMISSORY. See Bills and Notes.

IV. RELATIVE TO WHAT PROPERTY MAY

NOT GUILTY, PLEA OF, 48; and see Case,

TAKEN UNDER, 65.
Action on-- Libel - Slander-Tres. v. RELATIVE TO THE RIGHTS AND DISABILI.

TIES OF THE Outlaw, 65.

NOTICE OF ACTION, 48.

VI. RELATIVE TO THE INQUISITION, 66.

VII. RELATIVE TO THE EFFECT OF, 66.

NOTICE BY ADVERTISEMENT, 48.

VIII. RELATIVE TO THE SHERIFF PAYING OVER

NOTICE OF BAIL. See Bail.

THE MONEY UNDER, 66.

ix. RELATIVE TO SETTING ASIDE AND STAYING

NOTICE TO CARRIERS. See Carriers.

PROCEEDINGS, 67.

NOTICE TO PRODUCE. See Evidence.

x. RelaTIVE TO AMENDMENTS AFTER,

67.

XI. RELATIVE TO THE REVERSAL or.

NOTICE TO QUIT.

1. RELATIVE TO, WHEN IT IS OR IS NOT Es-

(a) Since 1 & 2 Vict. c. 110, 68.

(b) Grounds of, 68.

SENTIAL, 49.

11. RELATIVE TO, BY WHOM TO BE GIVEN, 50.

(c) Affidavit to reverse, 68.

III. RELATIVE TO, TO WHOM TO BE GIVEN, 51.

(d) Terms of Reversal, and herein of the

Costs of Reversal, 69.

IV. RELATIVE TO THE Form of, 51.

(e) Restoration of Property after Reversal,

v. RELATIVE TO THE EFFECT 52.

69.

NUISANCE.

XII. RELATIVE TO Costs, 70.

1. RELATIVE TO WHAT DOES OR DOES NOT XIII. RELATIVE TO THE REMEDY FOR MALI.

AMOUNT TO.

CIOUSLY PROCEEDING TO, 70.

(a) Concerning disorderly Houses, 53.

(6) Concerning Easements, 53.

OVERSEER.

(c) Concerning Effigies, 53.

1. RELATIVE TO, WAO ELIGIBLE AS, 71.

(d) Concerning Highways, 53.

II. RELATIVE TO THE APPOINTMENT OF, 71.

(e) Concerning Rivers, 53.

III. RELATIVE TO THE DUTY OF, 72.

(f) Concerning Shooting-Ground, 54.

IV. RELATIVE TO THE RIGHTS OF, 72.

(9) Concerning Trade, 54.

v. RELATIVE TO THE LIABILITY OF, 73.

11. RELATIVE TO, WHO LIABLE FOR, 54.

VI. RELATIVE TO THE OVERSEER'S ACCOUNTS,

111. RELATIVE TO THE NOTICE TO REMOVE, 55.

75.

IV. RELATIVE TO THE REMEDIES.

VII. RELATIVE TO ACTIONS BY, AND OF THE

(a) By Action.

OVERSEER'S COMPETENCY AS A WIT.

1. Pleas, 55.

2. Evidence, 55.

OYER, 78.

3. Witnesses, 56.

4. Costs, 56.

PALACE COURT, 79.

(6) By Indictment, 56.

PARCENERS, 79.

pass- Trover.

OF,

NESS, 77.

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