Art. 3. New trials. 4. New trial allowed for sundry causes specified under certain heads. 5. For various other matters. 6. American cases. 7. Criminal cases. 8. Difference between new trials and venire facias de novo. 2. Principles of the common law. 3. English statutes of amendments and jeofails. 4. Massachusetts statutes and rules of court as to amendment, &c. 5. Common law, and said statutes, material distinctions. 6. Adjudged cases of amendment, &c. 7. As to what amendments the court will allow or not. 8. Mistakes of the clerks, or of the party. 9. Matter aided by plea of the other party, by verdict. 10. Amendment by release of part, &c. 11. Citations from Blackmore's case. CHAPTER CLXXXV. JUDICIAL PROCEEDINGS, AMENDMENTS, &C. IN PARTICULAR PARTS THERE Art. 1. Declaration. 2. Pleas, replications, &c. OF. 3. Record and judgment, how amendable or not. 4. Jury process and issue. 5. Land actions, how amended or not. 6. Criminal cases. 7. Informations, how amendable or not. 8. Sundry matters, mandamus, return of process. 9. As to bail, variance, form and substance, by what court, &c. CHAPTER CLXXXVI. PELADINGS. AUDITA QUERELA, MANDAMUS, PROCEDENDO, PROHIBITION, Art. 1. Audita querela. &c. &c. 2. Mandamus. 3. Procedendo. Art. 4. Prohibition generally. 5. Admiralty jurisdiction. 6. Hypothecation. 7. Seamen's wages, &c. 8. Other cases of prohibition in admiralty causes. 9. American cases. 10. Constitution and statutes of the United States. 11. Other admiralty causes decided in the United States. 13. American cases decided. 14. Further English cases in which the process lies, and the principles of which are of use in our practice. 15. Further English cases, in which the process lies not. 16. Further modes of proceeding in quo warranto informations. 18. Manner of pleading a safe conduct. CHAPTER CLXXXVII. PLEADINGS, COURTS, THEIR POWER, &c. Art. 1. Courts generally, and general principles. 2. Supreme Court of the United States. 3. Circuit courts. 4. District courts. 5. Powers common to all these courts. 6. Courts in Federal territories. 7. Decisions as to the powers and duties of Federal courts, and what Federal and what State jurisdiction. 8. Courts in Massachusetts. 9. Massachusetts Colony courts. 10. Massachusetts Province courts. 11. Massachusetts Commonwealth courts, Supreme Judicial Court. 12. Court of Common Pleas. 13. Court of General Sessions of the peace. 14. Courts of justices of the peace. 15. Probate courts. 16. Some cases of construction as to the powers of these courts. 17. General rules of the common law, as to the powers and duties of courts. 18. Maxims in law binding on all courts. 19. Cognisance of courts, some cases disputed and decided. 20. General Court, or legislature, in Massachusetts, its powers and duties, &c. CHAPTER CLXXXVIII. PLEADINGS. APPEALS. Art. 1. General principles. 2. In what cases an appeal lies. 3. Form of proceeding, &c. 4. The effects of an appeal. 5. Appeals to the court for the correcting of errors in N. York. 6. Appeals in Virginia. 2. Massachusetts statutes as to reviews. 3. Cases decided in these statutes. 4. Bonds and other material forms in reviews, and notes. CHAPTER CXC. PLEADINGS. SCIRE FACIAS. Art. 1. General principles. 2. Where scire facias is proper. 3. Proceedings in scire facias. CHAPTER CXCI. PARTITION. PLEADINGS. Art. 1. General principles. 2. Partition at common law. 3. Massachusetts statutes as to partition on petition. 4 Decisions on the statutes. 5. Partition in other states. 6. Pleadings in partition. Art. 1. General principles. 2. Massachusetts statutes as to trustee actions. 3. Pleadings in trustee actions. 4. Facts that make one, trustee. 5. Facts that do not make one, trustee. 6. Proceedings in these actions. 7. Notes on the trustee process in Massachusetts. 8. In other States. 9. Videlicet or Scilicet. CHAPTER CXCIII. SYNOPSIS OF PLEADINGS. Art. 1. General principles. 2. Civil actions. 3. Abatement. 4. Matters pleaded after the usual time of pleading. 5. Pleas in bar. 6. Pleas in bar, the several kinds. 7. Replication. 8. Demurrers. 9. Trials of various kinds. 10. Repleader-bills of exceptions, and arrest of judgment, &c. 11. Amendments, matters aided, &c. 12. Pleas in certain particular cases. 13. Courts in the United States, how constituted. 14. Appeals. 15. Reviews. 16. Scire facias. 17. Partition. 18. Trustee actions. 19. Account, assumpsit on contracts, &c. pleadings in each, &c. 20. Case, detinue, ejectment, land actions, replevin, trespass, and trover, &c. on torts, &c. 21. to 25. Pleadings in chancery in several forms. 26. Pleadings in criminal cases. 27. Complaint. 28. Security of the peace, &c. 29. Warrant to arrest. 30. Commitment and bail. 31. Relief on habeas corpus. 32. Indictments. 33. Informations. 34. The offender brought in, &c. 35. Arraignment, standing mute, confession, approving. 36. Pleas in criminal cases, various kinds. 37. Challenges. 38. Trials. 39. Evidence and verdict. 40. Benefit of clergy. 41. Arrest of judgment, &c. 42. Judgment. Art. 1. As to time to plead, and the effect of delay. 2. The manner of arguing and hearing causes. 3. Proceedings irregular and set aside. 4. Proceedings not set aside, though objected to as irregular. Art. 1. Costs, generally, and general principles. 2. Costs in Massachusetts, statutes as to. 3. Cases decided in this State. 4. Cases of costs in the courts in N. York. 5. Costs in the United States' courts. 6. English cases on general principles. 2. Repeal of statutes, &c. the effects. 3. Exceptions in statutes, &c. 4. Prior law how affected by a new statute. 6. Pleading statutes. 7. British statutes adopted in the United States, in Carolina, in Massachusetts; 126 in Carolina, in Massachusetts about 77 in force, but many of them for short periods of time. CRIMES AND PUNISHMENTS: |