DISTRICT COURTS OF THE UNITED STATES.

Provision in such cases for remission of penalties, i. p. 247.
State courts have also a concurrent jurisdiction under post-office law
in suits for penalties, i. p. 247, 248.

And in certain places under the revenue laws, i. p. 248.

In other cases district courts generally retain jurisdiction originally
conferred, i. p. 248.

Jurisdiction in repealing patents, i. p. 248.

Proceedings for that purpose, i. p. 248, 249.

Court of northern district invested with the powers of a circuit court,
i. p. 249, 250.

In such case appeal and writ of error lies to supreme court, i. p. 250.
Practice, i. p. 250.

Resembles that of circuit court, i. p. 250.

See "Circuit Court of the United States."

Marshal, i. p. 251.

His bond, i. p. 251.

When a party how process served, &c., i. p. 251.

Suits on marshal's bonds, i. p. 251.

Provisions in case of his removal, i. p. 252.

Clerk, i. p. 252.

Appointed by court, i. p. 252.

How money paid into court, &c., deposited, i. p. 253.
Clerk may take bail, &c., i. p. 253.

Commissioners to take affidavits, i. p. 253.

Attornies, &c., i. p. 253, 254.

Terms, i. p. 254.

How court adjourned, i. p. 254.

DISTRINGAS.

See" Original writ."

DOUBLE PLEA.

See "Plea."

DOWER.

See "Ejectment," "Admeasurement of Dower."
EJECTMENT.

Its origin; in what cases it lies, &c.

See "Suits relating to real property."
Ejectment in ordinary cases, ii. p. 496.
Notice to quit; when necessary, ii.
Declaration, ii. p. 498.

p. 497.

Notice to appear and plead, &c., ii. p. 499.
Service of declaration and notice, ii. p. 499.

Rule to appear and plead, ii. P. 500.

In case of personal service, ii. p. 500.
And where not personal, ii. p. 500.

Affidavit and order in cases of perfect service, ii. p. 500.
In cases of imperfect service, motion necessary, ii. p. 501.
How made, and on what papers, ii. p. 501.

Order thereupon, ii. p. 501.

Former practice as to service of declaration and rules, ii. p. 502.
Affidavit of service of declaration and notice, ii. p. 502.

What service requisite where it is imperfect, ii. p. 503.

Former rules; cases and decisions, ii. p. 504 to 511.

EJECTMENT.

Order that plaintiff's attorney produce his authority, ii. p. 511.

Appearance and plea or demurrer, ii. p. 512.

Admitting landlord or others to defend, ii. p. 512.

Trial, ii. p. 512, 513.

Verdict, ii. p. 513, 514.

Death before verdict or judgment, ii. p. 514.

Judgment and its effect, ii. p. 515.

Execution, ii. p. 516.

New trials after judgment, ii. p. 517.

General statutory provisions concerning actions relating to real property,
ii. p. 518.

No imparlance, voucher, &c., to be allowed, ii. p. 518.

But landlord, &c., allowed to appear with or without tenant, ii. p. 518.
Tenant to give landlord notice of suit, ii. p. 519.

Reversion or remainder man admitted to defend, ii. p. $19.

And wife, ii. P. 519.

Actions by persons jointly interested, ii. p. 519.

Actions not to be delayed by non-age, ii. p. 519.

Alienation of lands not to bar or delay action, ii. p. 520.

When survey ordered; how made; effect, ii. p. 520.

When writ of view allowed, &c., ii. p. 521.

Waste restrained after suit, ii. p. 521.

If tenant for life, &c., make default, heir, &c., to have ejectment, ii.
p. 521.

If husband make default, wife to have ejectment, ii. p. 522.

Recovery by fraud void unless, &c., ii. p. 522.

Execution not to be avoided by feigned recoveries, &c., ii. p.

522.

Lessees may falsify recoveries, &c., ii. p. 522.

Recoverer's remedies for rents, waste, &c., ii. p. 523.

Writ of possession may include execution, ii. p. 523.

Restitution to whom made in case of reversal of judgment, ii.

p. 523.

Scire facias to tenant, to traverse fraud established against him,

ii. p. 523.

Practice to be same in general, as in personal actions, ii. p. 524.

Certain writs, &c., established, ii. p. 524.

Provisions as to injunctions to stay proceedings, ii. p. 524.

Ejectment for dower, ii. p. 525.

Right of dower, ii. p. 525.

In what cases; its extent, ii. p. 525.

When widow barred of dower, ii. p. 526.

When dower must be demanded, ii. p. 527.

Infant heir not prejudiced by collusive recovery, ii. p. 527.

Widow's quarantine, ii. p. 527.

When dower to be assigned, ii. p. 527.

When action may be brought, ii. p. 528.

And against whom, ii. p. 528.

Proceedings generally, ii. p. 528.
Declaration, ii. p. 528.

Plea, &c., ii. p. 529.

Trial, ii. p. 529 to 531.

Assignment of dower, ii. p. 531.

EJECTMENT.

Execution, ii. p. 532.

Damages for withholding dower, ii. p. 532.

Ejectment upon right of re-entry, for non-payment of rent or otherwise,
ii. p. 532.

At common law, ii. p. 532.

Estate forfeited, unless breach of covenant clear, ii. p. 533.
When reversioner may take advantage of forfeiture, ii. p. 533.
When license prevents a forfeiture, ii. p. 534.

Forfeiture may be waived, ii. p. 534.

Waiver of one forfeiture does not waive another, ii. p. 535.
What is a waiver, ii. p. 535.

Parties may take advantage of provisos of re-entry, ii. p. 536.
Steps to be taken in order to bring suit, ii. p. 536.

Under statute, ii. p. 537.

Difficulties obviated, ii. p. 537.

Proceedings generally, ii. p. 537.

What cases are within statute, ii. p. 538.

Judgment by default, ii. p. 538, 539.

Trial and evidence, ii. p. 540.

Stay of proceedings on payment of rent, ii. p. 540.

Restoration to tenant after execution, ii. p. 540.

Payment of rent by mortgage after execution, ii. p. 540.
Relief in equity after execution, ii. p. 541.

Ejectment upon compulsory proceedings, ii. p. 542.

Cases in which proceedings may be instituted, ii. p. 542.
The compulsory proceedings, ii. p. 542.

Notice; to whom directed; contents, ii. p. 542.
Service of the notice, ii. p. 543.

First rule to appear and plead, ii. p. 543.

Default for not pleading, and judgment, ii. p. 544.

Appearance and plea, ii. p. 544.

Judgment on disclaimer, ii. p. 545.

Issue and trial, ii. p. 545.

Judgment on verdict and second rule to plead, ii. p. 545.

Plea under second rule; default and judgment, ii. p. 546, 547.

The ejectment, ii. p. 547.

Proceedings generally, ii. p. 547.
Declaration and service, ii. p. 547.
Trial and verdict, ii. p. 547.
Judgment and its effect, ii. p. 548.
Execution, ii. p. 549.

ELECTION OF ACTIONS.

See "Actions."

EQUITY OF REDEMPTION.

When bound by judgment, ii. p. 263.

ERROR.

Writ of; nature, ii. p. 439.

Its character and use, and when it lies, i. p. 84.

By whom it may be brought, ii. p. 439, 440.

Cannot be brought contrary to agreement, ii. p. 441.

Former practice, where some of plaintiffs would not assign errors, ii. p.

442.

ERROR.

All persons living against whom judgment was, must join in writ, ii. p.

442.

Excuses for not joining all, ii. p. 442.
Parties refusing to join, ii. p. 443.
Rule requiring them to join, ii. p. 443.
Service of rule, ii. p. 443.

How permitted to join, ii. p. 443.
Proceedings on their default, ii. p. 443.
Costs of motion to quash writ, ii. p. 444.
Persons out of state, &c., ii. p. 444.
Admitting persons to join, ii. p. 444.
Striking out names of plaintiffs, ii. p. 444.
Summons and severance abolished, ii. p. 445.
Against whom writ must be brought, ii. p. 445.
To what courts error lies, ii. p. 445.

Either to same or different court, ii. p. 445.

For error in fact in judgment in S. C. error lies to S. C. ii. p. 446.
Otherwise as to error in fact in C. P. ii. p. 447.

Which court cannot entertain writ of error of any description, ii. p.

447.

Error lies from C. P. to S. C., ii. p. 447.

And from superior court of New York to S. C., ii. p. 447.

From S. C. to court of errors, ii. p. 447.

And from court of errors to supreme court of U. S., ii. p. 448.

How error brought where judgment is arrested, ii. p. 448.

Bill of exceptions, ii. p. 448.

Appellate jurisdiction of court of errors, ii. p. 449.

Extends to every final decision of S. C. though not technically a
judgment, ii. p. 449.

But not to interlocutory orders, ii. p. 450.

Nor to cases where there has not been an actual decision, ii. p. 450.
As in case of judgment by default, &c., ii. p. 450.

Difference in this respect on writs of error to S. C., 450.

Error lies on judgment of nonsuit, ii. p. 451.

Teste and return of writ of error, ii. p. 451.

Writ of error, a new action, ii. p. 451.

Attornies in supreme court, ii. p. 452.

In court of errors, ii. p. 452.

Limitation of writs of error, ii. p. 452.
Exceptions, ii. p. 453.

Death during disability, ii. p. 453.

Time in no case to exceed five years, ii. p. 453.

From what court writ issues, ii. p. 454.

Direction of writ from court of errors, ii. p. 454.
How made returnable, ii. p. 454.

Writ issuing out of supreme court, ii. p. 455.
Purport of, ii. p. 455.

Writ must agree with record, ii. p. 455.

Allowance of writ, ii. p. 455.

No bail requisite at common law, ii. p. 456.

Security required by statute, ii. p. 456.

Bond in all cases, ii. p. 456.

Its penalty in different cases, ii. p. 456, 457.

ERROR.

Condition in different cases, ii. p. 457, 458.
Endorsing order to stay execution, ii. p. 458.
Certain cases excepted, ii. p. 458.

Bond and certificate of counsel to be filed, ii. p. 459.
Notice of writ, ii. p. 460.

Contents of, and how served, ii. p. 460.

Consequence of omission to give notice, ii. p. 460.
Notice of bail and exception thereto, ii. p. 460.
Justification; consequence of neglect, ii. p. 461.

When execution may be issued during pendency of writ, ii. p. 461.
Provisions relating to actions for moving of land, &c., 461, 462.
Actions for mesne profits stayed, ii. p. 462.

How recovered on affirmance, &c., ii. p. 462.
Proceedings, ii. p. 462.

Transcribing and certifying writ, ii. p. 462.

On error to C. P. record is supposed to be removed. ii. p. 462.

But it is otherwise on error to S. C., ii. p. 463.

Provisions relating to writs from court of errors, ii. p. 463.
Return of writ by clerk, ii. p. 463.

When to be made, ii. p. 463.

If not so made party loses benefit of writ, ii. p. 463.
When writ may be amended, quashed, &c., ii. 464.

Amending writ, ii. p. 464, 465.

Quashing writ, ii. p. 466.

Mode of compelling plaintiff to assign errors in S. C., ii. p. 467.
In court of errors, ii. p. 467.

Alleging diminution and certiorari, ii. p. 468, 469.

How proceedings affected by death of parties, ii. p. 470.
By marriage of female plaintiff or defendant, ii. p. 471.
Assignment of errors, ii. p. 472.

Errors in fact, ii. p. 472.

Errors in law, ii. p. 472.

Rules respecting assignment of errors, ii. p. 472, 473.
Certain defects to be deemed amended, ii. p. 473.

When assignment to be general or special, ii. p. 473.

What matters cannot be alleged for error, ii. p. 474.

Objections not raised in S. C. cannot be urged in court of errors, ii. p. 475.
Limitation of rule, ii. p. 475.

Plaintiffs must join in assigning error, ii. p. 475.

Joinder in error in S. C., ii. p. 475.

In court of errors, ii. p. 475.

Service of assignment of errors, &c., ii. p. 476.

Common plea to assignment of errors, ii. p. 476.

After pleading in nullo est erratum party cannot pray a certiorari, ii. p. 477.

But court may award a certiorari, ii. p. 478.

Special pleas to assignment of errors, ii. p. 478.

Pleadings to be filed, ii. p. 479.
Trial of issues of fact, ii. p. 479.
In supreme court, ii. p. 479.
In court of errors, ii. p. 479.

Argument of issues of law, in S. C., ii. p. 480.
In court of errors, ii. p. 480.

Case to be printed, &c., ii. p. 480.
Notice to clerk and party, ii. p. 481.