ESTATES, 1. Meanings of term are two, i. 159, 238, n. (t) 1. the thing, i. 159, 249, 250, 252 2. the interest in the thing, id. 2. Incidents of, in general, i. 242 forfeiture by transferring a larger estate, i. 243, 287 3. Several kinds of words creating, and incident, i. 241 to 264 by what words, i. 247 in tail, i. 246, 250, 258 for life, i. 246, 251, 258 to 262 for years, i. 247, 252, 259 to 262 incidents, i. 259 to 264 from year to year, i. 254, 259 to 262 incidents of, i. 259 to 264 at will, i. 256, 259 to 262 by what words and incidents, i. 256 at sufferance, i. 287, 259 to 262 incidents, i. 259 to 262 of mortgagor and mortgagee, i. 257, 258 right of voting in respect of each, i. 262 to 264 on condition, i. 266; 1 Bing. N. C. 8 4. Times of enjoyment, i. 264 to 268 in possession, i. 264 in remainder, i. 265 to 268 does not create a settlement, i. 262; 10 Bar. & Cres, 62 in reversion, i. 265 to 268 must be an actual injury, id. ; 1 B. & Adolp. 391 5. Number of owners, id. parceners, i. 268 joint tenants, i. 269 tenants in common, i. 270 6. Modes of acquiring or losing interest in, i. 272 to 265. See Alienation. Con- 7. Distinctions between legal and equitable interests, i. 365 to 373 boundary of, i. 195 what passes under the term estate, i. 353 ESTATES OF INHERITANCE, how and by what words created, i. 247 ESTATES OR INTERESTS IN REAL PROPERTY, distinction between interest and mere authority over, i. 239 ESTOPPELS, tenancy by, i. 253 ESTOVERS. See Botes. meaning of term, i. 261 EVICTION. See Ouster. Ejectment. Forcible Entry. EVIDENCE. See Interrogatories. Justices of the Peace. Brief. Witnesses. De- securing evidence in first instance, i. 440 how to obtain it, i. 440, 441 of boundaries of estates, i. 455 and of exercising acts of ownership, id, EVIDENCE-(continued.) bills to perpetuate testimony, when obtained, i. 733 in action by and against executors, i. 560 mandamus may be issued to examine witnesses in India, i. 795 but not to compel a magistrate to produce depositions to an intended prosecutor for perjury, id. duty of attorney to ascertain, before commencing proceedings, ii. 21, 46, 53 his liability in case of negligence, ii. 53 who to ascertain evidence, ii. 53, 54 when bill for a discovery of, may be filed, ii. 54 or to perpetuate testimony, id. evidence before arbitrator, how to be taken and stated, ii. 101, 102 before justices on summary proceedings, how to be taken, ii. 188 oath to be administered, id. mode of examination, ii. 189 of taking evidence, id. should be taken verbatim, id. at least all the words material, ii. 190 should not be taken in the words of statute, id. should be read over to witness, id. how should be stated in conviction, ii. 190, 200 omission of justice to do so, observance may be compelled by mandamus, id. must state the facts, and not merely the result, id. what evidence on face of conviction, will suffice, ii. 201 on appeal, fresh evidence admissible, ii. 218 Of preparing evidence before proceeding to trial, I. Necessity for inquiry into, iii. 429, 430, 807 II. The rules of evidence, iii. 808 are coeval with and part of the common law, id. III. Considerations respecting must be, 1. As to what must be proved, iii. 809 2. Of the modes of proof, id. the best evidence essential, id. 1. Viva voce, id. 2. On interrogatories, id. 3. What witnesses incompetent, iii. 810, 811 when or not secondary evidence admissible, iii. 810 objection to witness on account of interest, iii. 811 effect of 46 Geo. 3, c. 3, id. witness to give evidence against his pecuniary interest, id. voluntary evidence of party in his own favour, when to be ex. cluded, iii. 812 statutory exceptions enumerated, iii. 814 to 816 decisions thereon, iii. 816, 817 3. Other recent improvements, iii. 817 power of judges to make regulations as to admission of written documents, id. proceedings requiring admission of written documents, iii.818 to 821 liability to costs on refusal, iii. 818, 820 form of written request, iii. 818 general regulations respecting, iii. 62, 818 to 820 IV. Professional conduct towards witnesses antecedent to trial, iii. 821 mode of examining, iii. 822 Scotch law as to precognition of witness before trial, iii. 823 previous examination of documentary evidence, iii. 825 expediency of adducing doubtful evidence, &c. iii. 826 number of witnesses, or quantity of evidence, id. V. Practical mode to compel appearance of witness, iii. 828 of subpoena duces tecum, iii. 828, 829 full form of, id. of subpœnaing witnesses, iii. 829 EVIDENCE-(continued.) amount of sum to be tendered, iii. 832 instructing witness as to time and place of trial, id. VIII. Of admissions, iii. 837. See Admissions. IX. Of final examination of evidence before trial, iii. 839 consequent utility of examination, iii. 839 to 842 restoring competency of witness by release, &c. iii. 842 the like as to temperament, id. informing counsel thereof, id. when proper to instruct witness, id. the like, pending or after trial, id. X. Statement of, in brief, iii. 847. See Brief. XI. Consultation on, before trial, iii. 864, 865. See Consultation. why witnesses should not be present, iii. 865 XII. New discovery of, before trial, id. communicating same to counsel, id. XIII. Examination and attendance of, on trial, iii. 869. See Trial. Witnesses. course of adducing same, iii. 869, 888, 889 examination of, iii. 890 cross-examination, iii. 897 re-examination, iii. 893 bill of exceptions to, iv. 1 to 15 demurrer to, iv. 15 to 17 bill of exceptions to. See Bill of Exceptions. New Trial, when granted on account of improper admission. &c. of evidence. iv. $3 to 38. See New Trial. the like, as to rejection of, iv. 45 to 48. See New Trial. the like, as to misdirection of judge on, iv. 38 to 45 the like, as to improper rejection of evidence, iv. 45 to 48 no new trial when verdict according to, iv. 50 where verdict against, when new trial granted. Sce New Trial. for false or mistaken testimony, iv. 54, 55 where defendant's counsel omitted to call evidence, iv. 56 on account of absence of, iv. 57 for neglecting to give evidence in party's power, id. where witness absent by contrivance of opponent, iv. 58 not if verdict proper on whole evidence adduced, id. nor on affidavit of facts proveable at the trial, id. when, on discovery of new evidence, iv. 59 or where witnesses perjured, iv. 62 or where defendant called no evidence, iv. 75 EXAMINATION OF ARTICLED CLERKS. See Attorney and Solicitor. of petition to admit after refusal by examiners, id. in other cases of difficulty, ii. 13 examiners, how appointed, ii. 13 a regulations of Easter T. 1836, respecting, id. rules promulgated by judges, id. of leaving articles of clerkship previously with Secretary of Law Society, id. prescribed form of examiner's certificate of clerk's fitness, ii. 13 b, 14 form of preliminary questions to be answered by clerk and master, ii. 13 b EXAMINATION OF ARTICLED CLERKS-(continued.) answers to other questions put by examiners, ii. 13 d EXAMINERS, appointment of, ii. 13 a certificate of, ii. 13 b EXCEPTIONS. See Justices of the Peace. when to be stated in information, ii. 166 to 168 to be proved by defendant, ii. 167, 191 when to be stated in conviction, ii. 203, 204 EXCEPTIONS, BILL OF. See Bill of Exceptions. EXCEPTION TO BAIL. See Bail. entry of, iii. 384 from of entry of, iii. 381 written notice of, iii. 334 form of notice, iii. 381 EXCESSIVE DAMAGES, new trials on account of, iv. 63 to 67. See New Trial. EXCHANGE, conveyance of estate by, i. 312 EXCHEQUER CHAMBER, COURT OF, jurisdiction of, ii. 338, 567 error from, ii. 309 how constituted, ii. 568, 569 is merely a Court of error from Superior Law Courts, ii. 567 enactments of 1 W. 4, c. 70, respecting, ii. 568 previous practice in cases of error altered, id. in what cases error lies in, ii. 570, 571 practice in cases of, id. cannot investigate the merits upon matter of fact, ii. 571 when error does not lie to, ii. 570, 571 will not inquire into practice of Courts below, ii. 572 or discuss facts in a bill of exceptions, unless objection expressly raised before the judge, and stated in the bill of exceptions, ii. 577, 578, 592 EXCHEQUER OF PLEAS, COURT OF, jurisdiction of, co-extensive with other Law Courts in personal actions, ii. 314 exceptions as respects its officers, &c. ii. 315 peculiar jurisdiction in revenue cases, ii. 316 revenue and Law Courts of, ii. 389 the Exchequer of Pleas, ii. 390 when jurisdiction exclusive, ii. 392 no jurisdiction in real or mixed actions, id. excepting ejectment, id. in cases of feigned issues, id. summary jurisdiction of, ii. 393 by habeas corpus, id. over warrants of attorney, id. over its own officers and attornies, ii. 394 practice in outlawry, id. in quo warranto, ii. 395 in prohibition, ii. 396 removal of civil suits from inferior Courts, id. proceedings on recognizances, id. 397 on newspaper recognizances, ii. 398 over writs of extent in aid, id. information for not obtaining proper probate, &c. 2 Cr. & M. 124 in recovery of legacy duties, ii. 399 or taxes, ii. 400 or customs duties, &c. ii. 401 EXCHEQUER OF PLEAS, COURT OF-(continued.) except collaterally, id. how a defendant to defend in forma pauperis, ii. 402, 403 Practice, Court of. See Practice Court. decisions of, on practice, iii. 15 master in, iii. 39. See Master. filacer in, under 2 W. 4, c. 39, s. 7, iii. 151 EXCHEQUER, EQUITY SIDE OF COURT OF, formerly a mere Revenue Court, id. advantages of filing a bill in equity in, ii. 452 in parochial matters, ii. 453 may issue writ of ne exeat, id. its exclusive jurisdiction, id. in cases relating to Crown property, id. EXCISE OFFICERS, limitation of actions against, three lunar months, i. 772 EXECUTION. See Judgment. Final Judgment. in Ecclesiastical Courts, ii. 483 power of judge to expedite, after verdict, iii. 11, 45, 90, 924 in ejectment, immediate, after trial, iii. 45 power of sheriff to stay, iii. 47 when immediate, after judgment, iii. 90, 92, 93, 924 to 926 in cases of ejectment, id. irregularity in, when or not waived, 522 certificate for, in ejectment, iv. 26 in other actions, id. signing judgment, &c. before issuing of, iv. 100 to 115. See Final Judgment. I. The several kinds of execution, iv. 115 1. in general, id. 2. several kinds of, id. by fieri facias, id. form of, for plaintiff, in assumpsit, id. by elegit, iv. 115 form of, in K. B. or C. P., iv. 116 II. Teste and return thereof, and time of issuing, id. formerly must have been tested in term time, id. now otherwise, id. enactment respecting, id. when cannot be tested of a preceding term, iv. 118 testing fieri facias after death of defendant in vacation, id. enactment of 4 & 5 W. 4, c. 62, s. 33, as to C. P. of Lancaster, id. certificate for immediate execution, id. See Certificate. difference between an execution and an attachment, id. entry of satisfaction, iv. 119 form of entry, id. EXECUTION OF ARTICLES. See Attorney and Solicitor. affidavit of, ii. 10b memorandum thereof, id. EXECUTORS AND ADMINISTRATORS. See Ecclesiastical Courts. Adminis- tration. title acquired by being, i. 108 how should distribute property, id. table of distributions, i. 109 no action lies for distributive share, i. 110 unless there has been a new consideration, id. goods of intestate not liable to debts of executor or administrator, id. if taken, he may support trespass, id. form and requisites of will of personalty, i. 110 to 113 |