lant, he shall first be liable. 2. If by the respondent, or by consent, then both parties. In no civil case shall the Clerk be required to remit the final papers until the costs are paid.

It is ordered that the foregoing be adopted, and that all former Rules be abolished.

JANUARY 6th, 1862.

A true copy.

F. F. FARGO, Clerk.

INDEX.

[THE NUMBERS REFER TO SECTIONS.]

ABATEMENT AND REVIVOR. See ACTION, 16.
action shall not abate by death or other disability, 16.

or by transfers of interest therein, etc., 16.

action may be continued by or against representatives, when, 16.
in the name of the original party, when, 16.

transferee may be substituted, when, 16.
abatement of nuisance or waste, 249-252.

ABSENCE, of defendant's attorney to appear, 31.
waives a jury, when, 179.

of evidence, when a trial will be postponed, 158.

ABSENTEE, attorney may appear for appointment by the Court, 31.
witness, deposition of, 428-431.

See NONREsident.

ACCIDENT, ground for a new trial, when, 193.

ACCOUNT, assignee of shall not be a witness, when, 4.

parties may prove accounts in certain cases, 423.

assignment of, witness, 4.

items need not be in pleading, 56.

copy of may be demanded, 56.

a further account may be ordered, when, 56.

ACT, when this act took effect, 649, 667.

ACTIONS, CIVIL, one form of, 1.

parties. See PARTIES, 2.

questions of fact not in issue may be tried in, 3.
order for trial, how made, 3.

shall be prosecuted by real party in interest, 4.

by an assignee, 4, 5.

between husband and wife, 7.

against husband and wife, wife may defend in her own right, 8.

by guardian for injury or death of his ward, 11.

by father or mother for injury or death of a child, 11.

when and when not to abate, 16.

in case of death, or other disability, action may be continued, 16.

place of trial, 18-21.

to be tried where the subject matter is situated, 18.

to be tried where the cause of action arose, 19.

to be tried where parties reside, 20.

place of trial of, may be changed, when, 21. See note to § 18.
how commenced, 22. See note to § 22.

pendency of, when notice, 27.

against steamers, vessels and boats, 317-332.

ACTIONS, CIVIL, Continued.

against sureties on bail, on arrest, 84.
against two or more defendants, 22, 368.
for recovery of real property, 27, 58, 256.
for partition of real property, 264–309.

to determine conflicting claims to real property, 254–263.
to quiet title to real property, 254.

for nuisance, waste or trespass, 249-253.

to foreclose mortgage, 246-248.

for libel and slander, 62.

for usurpation of office, 310.

for damages against a nonattending witness, 410.
for delivery of personal property, 99–110.

upon a written instrument, 53.

against joint debtors, 368-373.

to obtain a discovery, cannot be maintained, 417.

what causes may be united, 64.

successive may be brought, 525.

may be consolidated, 526.

to determine adverse claims, or for money or property upon an alleged
obligation, 527.

to compel one to satisfy a debt due to another for which plaintiff is bound
as security, 527.

may be dismissed, 148, 514.

another action pending, demurrer to, 40.

Court, tax to be paid in, 509.

See JUSTICES' COURTS.

ADJOURNMENT, may be while the jury are absent, 170.

final for the term, discharges the jury, 170.

See JUSTICES' COURTS.

ADMINISTRATOR, may sue, 6.

security by, on appeal, 353.
must pay costs, when, 507.

ADVERSE PARTY, 2, 335, 659.

when he may be a witness, 393.

See PARTIES.

AFFIDAVITS, of service of summons, 28, 33.

for publication of summons, 31.

for publication of summons in partition suit, 269.
verifying pleadings, 54, 113.

when plaintiff is a nonresident, 55.

when a corporation is a party, 55.
when State is a party, 55.

on motion to continue cause, 158.

on motion for new trial, 194, 195.

on objections to appointment of a referee, 186.

to show misconduct of a jury, 193.

in proceedings against joint debtors, 370.

on redemption of property, 234.

of property due to judgment debtor, 241.

to compel judgment debtor to appear and answer concerning his property,
238, 239.

to arrest judgment debtor, 239.

of sureties on bonds for costs, 513.

of sureties on appeal bonds, 355.

of marine claims, 329.

for judgment by confession, 375.

for submitting a controversy without action, 377.
showing notice of filing award of arbitrators, 385.
of concealment or materiality of witness, 405.
of witness, to be exonerated from contempt, 416.
for an order to examine witness imprisoned, 412, 413.
for examination of witnesses by deposition, 429.

to authorize deposition to be read in certain cases, 430.

REFER TO SECTIONS.]

AFFIDAVITS-Continued.

on application to perpetuate testimony, 438.
to prove service of notice of application, 439.
to be prima facie evidence of facts, 441.

on application for a writ of certiorari and mandamus, 457
in proceeding by quo warranto, 311.

of facts constituting contempt, 481.

of costs and disbursements in an action, 510.

arrest and bail, affidavit to obtain order of, 75.
of sureties to the undertaking on arrest, 76.
copy to be given to the defendant, 78.

of justification of bail, 89.

to vacate order of arrest, 97.

on attachment against steamers, boats and vessels, 321.
on bond on attachment, etc., steamers, 322.

on attachment, 121.

injunction may be granted ou affidavit, 113.
affidavit on bond to release, 136.

to discharge attachment, 139.

to oppose discharge of attachment, 139.
to complaint for injunction, 113.

affidavit shall be served with the injunction, 113.

to dissolve injunction, 118.

to oppose motion to dissolve injunction, 118.

in replevin, where delivery is claimed, 100.

how served in replevin, 102.

on bond in replevin, 102.

on bond, where return of property is demanded, 104.

of title, where property is claimed by a third person, 109.

to be filed by the Sheriff, 110.

for contempt, 481.

answer denying signature to a written instrument to be verified, 53.
affidavit by plaintiff denying written instrument, 54.

when valid, though defective, 531.

before whom may be taken in the State, 424.

in another State of the United States, 425.

in a foreign country, to be used in this State, 426.
certificate of Clerk to affidavit, 427.

AFFIRMATION, 445, 647.

See JUSTICES' COURTS.

See OATH AND JUSTICE'S Court.

AGE of infants when guardian shall be appointed, 10.

ALIENATION of real property cannot prejudice an action to recover, 265.
ALLEGATIONS, are formal in pleadings, 36.

denial of in answer, 46.

in complaint, not controverted by the answer, to be taken as true, 65.
in answer, to be deemed controverted, 65.

irrelevant and redundant to be stricken out, 51.

in complaint for injunction, 112.

in pleadings against joint debtors, 372.

material allegations, what are, 66.

shall be liberally construed, 70.

See JUSTICES' COURTS.

ALTERATION, of a writing produced as genuine, 448.
AMBIGUITY, in a complaint, 40.
AMENDMENT, to complaint, 43.

how served or filed, 43.

to a statement, on motion for a new trial, 195.

to a statement on appeal, 338.

to be prepared and served in twenty days, 338.

to be served on the adverse party, 338.

amendments to be prepared and served in five days, 338.
how served, 338.

after demurrer filed, 67.

AMENDMENT-Continued.

to pleadings or proceedings generally, 68.
by adding or striking out name of party, 68.
by correcting mistake in name of party, 68.
or mistake in any other respect, 68.

See JUSTICES' COURTS.

ANSWER, waives summons, 22.
when defendant must file, 25.
on whom served, 38.

may be to part of a complaint, 42.
may be joined to a demurrer, 42.

to amended complaint, 43.

may object to complaint, 44.

failure to file, what is deemed to admit, 45.

to complaint, 46.

may contain several defenses and counter claims, 49.

defenses must be separately stated, 49.

when containing new matter, 50.

when it may be stricken out, 50.

to be or not verified, 51, 52.

by whom, 51.

to complaint on written instrument, 53.

copy of instrument in the answer, when to be deemed admissible, 54

by whom verified and form of affidavit, 55.

who need not verify, 55.

irrelevant or redundant matter to be stricken out, 57.

when judgment is pleaded, 59.

pleading conditions precedent, 60.

private statute, how pleaded, 61.

in libel and slander suits, 63.

when deemed controverted, 65.

what are material allegations, 66.
demurrer to, 38, 50.

may be amended, 67.

time for filing may be granted, 68.

replevin may issue before, 99.

when injunction may issue after filing, 114.

judgment on failure to answer, 150.

issue of law raised by, 152.

issue of fact raised by, 153.

in partition suit, 270.

of joint defendants, 371.

of witness on examination, 408.

when it may be stricken out, 409, 420.

to mandamus, 471, 476.

in cases of contempt, 487.

on intervention, 661.

See JUSTICES' COURTS.

APPEAL, from judgment against vessels, etc., 332.

what is an, 333.

who may, 335.

time allowed to, and from what it will lie, 336.
how made, 337.

statement on, how made, 338.

failure to make, 339.

time to file statement may be enlarged, 340.

statement to be agreed upon or settled, 341.

statement to be annexed to judgment roll or order, 342.

from order of Court, 343.

review of intermediate orders on, 344.

power of appellate Court, 345.

when damages for delay may be given, 345.

papers to be furnished by the party appealing, 346.