RB8  ABJUDIOATA— See  '*  Motion."

BBOURTTT  FOR  008T8 — ^Right  of  defendant  to  require  non-
resident plaintiff  to  give,  is  absolute 20O

Such  right  may  be  lost  by  laches. 200

Instances  of  laches  held  a  waiver. •. •        «  200

When  infant  not  required  to  give. 320

Court  cannot  require  person  suing  in  name  of  the  overseers

of  the  poor  for  penalty  for  violation  of  excise  laws,  to  give. 399
Supreme  court  has  not  jurisdiction  of  motion  for,  in  action

in  justice's  court 399

8BPARATZON — When  misconduct  of  plaintiff  may  be  set  up  as

defense  in  action  for,  on  ground  of  cruel,  &c. treatment. 423
Costs  and  eounsel  fee  awarded  by  final  judgment  in  action

for,  to  be  collected  by  execution 827

See  **  CONTBMPT."

SBRVIOB— See  '*  Penalty."

8BRVIOB  BT  PUBUOATION— When  affidavit  to  obtain  order

for,  sufficient. 893

Order  for,  cannot  be  made  at  special  term. 245

8HBRIFF — When  proceedings  against,  for  escape,  not  stayed

until  be  can  collect  from  bondsmen. 97

Duty  of,  to  proceed  against  bondsmen  immediately  upon

recovery  of  judgment  against  him  for  escape. .97
Substitution  of  indemnitors  of,  in  action  against,  for  tres-
pass. 46

Statute  authorizing,  to  be  strictly  construed. .46

Must  appear  on  application  for,  that  bond  was  given  before

commeucemeut  of  action. 46

— ^  Granting  of  order,  when  discretionary 46

When  court  of  appeals  will  review  order 46

BPBOIFIO  PBRFORMANOB— Action  for,  of  contract  to  sell

lands  affects  title  to  lands 222

See  **FoKEiGN  Corporation."

STATUTB— When  in  derogation  of  common  law,  to  be  strictly

construed 46

If  capable  of  two  interpretations,  that  to  be  adopted  which

most  nearly  conforms  to  the  i-ules  of  the  common  law  and  en-


INDEX,  467

croaches  least  upon  the  individual  rights  of  those  affected  by

it 46

How  construed  when  meaning,  obscure. 287,  820

See  *<CoDB  OF  Pbocsdubb:  ;"   *^Codb  of  Civil  Pbocbd-

.DBE."

SITBBCSSION  OF  OOMTROVBRS7— Power  of  court  to  go

beyond  statement  presented 245

SUBPCENA  DUOBS  TBOUM — How  should  be  obeyed  by
attorney,  when  it  requirecr  him  to  produce  papers  received  by
him  from  his  client  in  the  course  of  his  professional  employ-
ment   374

SUMMABY  PROOSSDINGS—Injunction,  when  granted. 311

Power  of  court  to  adjourn 811

Effect  of  unauthorized  adjournment 311

Warrant,  by  whom  made. ... 