BAIL-(continued.)

import of term "putting in bail," and several requisites, iii. 373
description of term, id.

must be of two competent persons, id.

unless leave for more has been obtained, iii. 373, 377
bail must justify, iii. 573

and notice of justification given, id.

proceedings antecedent to putting in bail, iii. 373 to 375
ascertaining competency of bail, iii. 373

apprising them of extent of their liability, iii. 374
requisites of bail, id.

to what they must swear, id.

form of affidavit to which bail must swear, iii. 374, 375
must be housekeeper or freeholder, iii. 375

sum to be sworn worth, id.

forms of notice and justification of, iii, 379 to 382. See Forms.
service of notice, iii, 379

BAIL-(continued.)

objection to notice of, iii. 518

objection to affidavit of debt, iii. 515 to 517

variance in declaration from writ, when a discharge of, iii. 71, 196, 469, 470

BAILABLE PROCESS. See Capias. Mesne Process.

enactment of 2 W. 4, c. 39, respecting, iii. 150

indorsement of abode, &c. of defendant not now necessary, iii. 215
declaring de bene esse on, iii. 439

BAIL ABOVE. See Bail.

deposit in lieu of, iii. 367, 370 to 372

proceeding between and conclusion of action, iii. 421 to 428

void, if arrest in wrong name, id. 354. Finch v. Cocken, 3 Dowl. 678

consequences of sheriff refusing proper one, id.

or taking one with sufficient sureties, id. 390

form of, iii. 364

date of, id.

penalty in, id. 365

should not be larger than requisite, iii. 364

two sureties are advisable, iii. 365

must have sufficient in county, iii. 363

though one will not invalidate, iii. 365

defendant should not voluntarily execute without previous arrest, id.

granting indulgencies after execution of, id.

duty of sureties on executing one, id.

deposit with sheriff in lieu of, iii. 366

undertaking of defendant's attorney to perfect bail in lieu of, iii. 240, 367
proceedings on bail-bond, iii. 387

can only ensue on neglect to put in bail above, id.

or perfect same, id.

putting in suit of, id.

assignment thereof, id.

action thereon, iii. 65, 387

cannot be commenced until bail-bond forfeited, iii. 387

may be supported in any Court, iii. 388

staying proceedings on, iii. 67, 388

enabling original defendant to try on merits, id.

on application of the bail, id.

what affidavit requisite, id.

import of term losing a trial, iii. 388, 389

other proceedings, id.

BAIL PIECE. See Bail.

form of, iii. 377

filing of, iii. 382

BAILEE, i. 83

BAILIFFS,

summary jurisdiction of Court of King's Bench over, ii. 337

BANKRUPT,

when privileged from arrest, iii. 330

proceedings against, See Bankruptcy.

BANKRUPTCY, ACT OF,

when concerted will not sustain fiat, ii. 559

deeds in fraud of, i. 333

BANKRUPTCY,

statutes of 6 Geo. 4, c. 16, and 1 & 2 W. 4, c. 56, i. 108

title to personalty by, id.

title to realty by, i. 291

BANKRUPTCY-(continued.)

operation of Statute of Limitations in cases of, i. 782

of purchaser or lessee, when prevents decree of specific performance, i, 844, 845
cognovit, when discharged by, iii. 669

BANKRUPTCY, COURT OF. See Review, Court of.

general observations respecting, ii. 309, 540

jurisdiction of, id.

the substance of former bankrupt law continues, ii. 540
though practice altered, id.

formal commission annulled, and fiat substituted, ii. 541

outline of former jurisdiction and practice, ii. 541, 309

present ameliorated jurisdiction, ii. 541

Court of Review, and subdivisions of, ii. 542. See Review, Court of.
issuing London fiat, id.

country one, id.

analysis of 1 & 2 W. 4, c. 56, ii. 542 to 550; i. 108

summary of other enactments, ii. 550

substance of 2 & 3 W. 4, c. 114, ii. 551

rules and orders founded thereon, ii. 551 to 555

observations on the recent acts, ii. 555

proceedings to obtain and prosecute fiat, ii. 556
form of petitioning creditor's affidavit, id.
affidavit to obtain fiat, id.

petitioning creditor's bond, id.

of bond to obtain a country fiat, ii. 557

of petition for a fiat, ii. 558

same for country fiat and proceedings, id.

of town fiat, id.

the like, more concise, id.

for country bankruptcy, id.
the like, more concise, id.

decisions as to concerted fiat, ii. 559

consequences of deceptive description in, id.

proceedings after obtaining fiat, ii. 560

private meeting to open fiat, ii. 561

proceeding to adjudication, id.

preamble to proceedings, id.

memorial of commissioner being qualified, ii. 562

form of oath to witnesses, id.

deposition of petitioning creditors to the trading and act of bankruptcy, id.

form of adjudication, id.

warrant of seizure, id.

misnomer in publication, marriage when void, ii. 488
recent enactment of 6 & 7 W. 4, c. 85, respecting marriages.

BAR, PLEA IN. See Plea.

when further time will be given to plead in bar, iii. 704
forms and requisites of pleas in bar, iii. 714 to 721. See Plea.

BARGAIN AND SALE. See Contract. Specific Performance.
conveyance by, i. 326

BARRISTERS. See Students for the Bar.

service of articled clerk to, for one year permitted, ii. 5 g

no precise course of study or examination prescribed to become one, ii. 37
before practising must have been a member of one of the Inns of Court for five
years, ii. 3, 4, 37

exception in favour of bachelor of laws, ii. 38

rules respecting the admission of, ii. 38, 39, 40

must obtain a certificate of approbation before he can be called to the bar, ii. 3,
4,39

legal qualification not attended to by the benchers, id.

may appeal to the judges when admission refused, id.
such appeal rarely successful, ii. 3, 4, 40

cause of failure at the bar considered, id.

course of study recommended, ii. 41

other attainments beyond the law requisite, ii. 41, 42
the functions of, ii. 42, 43

their opinions and the requisites of, id.

should be direct and positive, id.

reasons in support of succinctly stated, id.

statutes and decisions shortly referred to, ii. 43

should suggest where case ambiguous, id.

and what precautionary measures should be taken, ii. 44

their duty with respect to pleadings, ii. 44, 45

general character of, ii. 45

retainer of, ii. 71, 72

when privileged from arrest, iii. 330

BASTARD,

title to personalty by escheat, i. 103

dying intestate property vests in king, id.

but usually granted to the mother, id.

mother of, punishable in the Ecclesiastical Courts, ii. 475 to 477

BATTERY. See Assault. Defence. Justices of the Peace.

what, i. 37

remedies for, id.

summary remedy for, when committed at sea, i. 22

what defences to, justifiable, i. 589 to 597

when a third person may interfere, and how, i. 613 to 617
certificate as to costs in action for, iv. 22, &c.

See Costs.

BEQUEST,

when assignees will be entitled to, i. 66

of stock, legal interest remains in executor till his assent to, i. 96, 112
of a lease, &c. i. 112

BEST EVIDENCE,

of the necessity to produce same, iii. 809
when secondary evidence allowed, iii. 810

BETTER EQUITY,

what so termed, i. 463, 470

BETTER SECURITY,

protests for, i. 734, 735

BIGAMY,

punishment of, i. 41

BILL OF SALE,

title to personalty by, i. 106

does not pass after acquired property, id.

necessity for taking possession, &c. qualified, i. 459 to 471

BILL OF EXCEPTIONS,

how to be framed, ii. 577, 578, 592

when to be tendered, iii. 915

when and why tendered, iv. 1

are tendered either to the evidence, id. 2
or to the judge's directions or summing up, id.
propriety of being prepared to tender same, id.
of the conduct to be observed on tendering, id.
early practice respecting, iv. 2, 3

enactments of 13 Ed. 1, s. 1, c. 31, as to, iv. 2
extends to trials at Nisi Prius, iv. 3

on the circuit or at bar, id.

to proceedings in Superior Courts of Record, id.
to all Inferior and Colonial Courts, id.

to challenges of jurors, to process, &c. id.

observations of Mr. Serjeant Sellon respecting, id.

conduct to be observed before tendering, iv. 4

compulsory writ to compel sealing thereof, iv. 4, 9, 13
liability of judge if false return made, iv. 9, 13

bill of exceptions is in the nature of a writ of error, iv. 4

when preferred to moving for a new trial, iv. 4, 5

in which Court to be argued, iv. 4

form of bill of exceptions separate from the record, as to the effect of evidence in
K. B. iv. 5

the like in trover by assignees where no evidence was given for the plaintiff, iv. 6
the like to be tacked to the record as to witness being bound to answer a ques-
tion tending to disgrace him in K. B. id.

the like to be tacked to the record on a trial at the assizes, iv. 14

when preferable to a special verdict, iv. 6

recent decisions respecting, iv. 7 to 12

distinction between and demurrer to evidence, iv. 7, 8

importance of, in certain cases, iv. 10

time of tendering a bill of exceptions, iv. 10; iii. 915
must be tendered at the trial, iv. 10

even before the evidence is given, iv. 11

at all events before the jury deliver their verdict, id.

when preferable to a demurrer to the evidence, id.

how to be placed on the record, id.

should be placed before and not after the statement of the finding of the jury, id.
need not be in complete form at time of tendering, id.

practice on tendering bill of exceptions, iv. 11, 13

third new trial refused, because bill of exceptions, &c. not tendered, iv. 12

when the Court will look at the whole evidence to see if verdict sustained, iv. 12,
13

bill of exceptions not waived by defendant suing out writ of error, iv. 12

form and requisites of bill of exceptions, id.

when unnecessary to state object of evidence, id.

course of proceedings when tendered, iv. 13