The Common Law Procedure Acts and Other Statutes Relating to the Practice of the Superior Courts of Common Law and the Rules of Court, with Notes

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H. Sweet, 1868 - Civil procedure - 627 pages
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Page 403 - ... or at any time afterwards, or over which the said CD on the said day of (a), or at any time afterwards had any disposing power which he might without the assent of any other person, exercise for his own benefit...
Page 226 - A party producing a Witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the Witness shall in the opinion of the Judge prove adverse, contradict him by other Evidence, or by leave of the Judge prove that he has made at other times a statement inconsistent with his present testimony...
Page 225 - If any person called as a witness or required or desiring to make an Affidavit or Deposition shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the Court or Judge or other presiding Officer or person qualified to take Affidavits or Depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following, viz. : — "I, AB, do solemnly,...
Page 8 - I ; and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ of summons.
Page 408 - Behalf suing of all such Lands, Tenements, Rectories, Tithes, Rents, and Hereditaments, including Lands and Hereditaments of Copyhold or Customary Tenure...
Page 442 - Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, defender of the faith, to the sheriff...
Page 72 - The plaintiff, after the delivery of a plea of payment of money into court, shall be at liberty to reply to the same, by accepting the sum so paid into court in full satisfaction and discharge of the cause of action in respect of which it has been paid in, and he shall be at liberty in that case to tax his costs of suit, and in case of nonpayment thereof within forty-eight hours to sign judgment for his costs of suit so taxed ; or the plaintiff may reply, " that he has sustained " damages [or that...
Page 413 - WE command you that you omit not by reason of any liberty of your county, but that you enter the same, and take Charles Long, la*e of .Burford, in the county of Oxford, gentleman, wheresoever he shall be found in your bailiwick, and him safely keep, so that you may have his body before the Barons of our Exchequer...
Page 336 - ... upon a proper indemnity, to use the name of the creditor in any action or other proceeding at law or in equity, in order to obtain from the principal debtor, or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person who shall have so paid such debt or performed such duty, and such payment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding by him...
Page 228 - If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement...

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