may be referred, 703.

prohibition in respect of, 725.

under control of court, 703.

ought to be furnished to client, 703.

no mandamus to restore, 704.

may be suspended for misconduct, 704.
answers by, 704.

how admitted, 705.

stamp and annual certificate, 705.

may not act as magistrate, 706.

exempt from parochial offices, 706.
Procuration, vid. “Proxies.”

Probate of wills-where to be had, vid. "Bona notabilia."

proof of wills, how made.

1. In common form, 945.

executor to appear and swear to will, 945.

commission to swear, 945.

when granted, 945.

to whom directed, 945.

how executed, 946.

if will complete, 946.

incomplete and unfinished, 946, 947.

witnesses, 946.

consent when necessary, 946, 947.

if crown interested, 947.

cases of slight imperfections, 947.

2. In solemn form, 947.

what it means, 947.

party interested may always call for proof in solemn form,
947.

no time limited for so doing, 947.

executor may prove in solemn form in first instance, 947.

next of kin entitled to call for proof in solemn form, 948.
legatee also entitled, 948.

creditor no such right, 948.

costs, 262. 948.

will in what form to be proved, 948.

wholly or in part destroyed, 948, 949.

probate lost, exemplification granted, 949.

in what diocese granted, 967, 968.

prerogative probate, when necessary, 967, 968, vid.“ Bona notabilia."
revocation of, vid. " Administration, revocation of," 973.
PROHIBITION-history of the writ, 707.

what it is, 709.

when granted, 710.

pro defectu jurisdictionis, 710.
in respect of the court, 710.

in respect of the matter of the suit, 710.

matter merely temporal, 711.

matter ecclesiastical, 712.

want of jurisdiction, 713.

PROHIBITION-continued.

exceeding jurisdiction, 714.

criminal cases, 715.

capital, 717.

perjury, 717.
defamation, 718.

brawling and smiting, 120.
cases partly temporal, 718.
concurrent jurisdiction, 719.

matter ecclesiastical, right in question temporal, 720.
right of presentation, 721.

induction, 721.

title to tithes, 722.

between spiritual persons, 723.

title to offices.

church, or chapel, 724.

highway, 724.

modus, 724.
heir, 724.

boundary of parishes, 724.

contracts, 725.

fees and stipends, 725.
legacy out of land, 726.
trusts, 726, 727.

2. Pro defectu triationis, 727.

modus, prescription, or custom, 728.
not unless pleaded, 730.

court proceeding to try, 731.
custom, &c. set out bad, 731.
custom not denied, 732, 733.

does not necessarily put an end to the suit, 733.
finding of custom, &c. by jury, conclusive, 733.
3. For proceeding as the law does not warrant, 733.
1. In trial of temporal incidents, 734.

to be tried as at law, 735, 736.

proof sufficient at law refused, 736.

in ecclesiastical incidents, judges of their own law and prac-
tice, 737, 738.

2. Refusal of legal defence, 739.

defence must be of temporal cognizance, 741.

sufficient at law, 741.

PROHIBITION-continued.

erroneous construction of statutes, 750.
not pro defectu triationis, 751.

nor for citing out of diocese, 752.

after execution, not grantable, 752.
after appeal grantable, 752.

how obtained, 753. 757.

1 Wm. 4, c. 21-753.

practice before statute, 754.

declaration, 755.

pleas, 755. 757.

several may be pleaded, 755.

damages, 755.

costs, 756, 757.

effect of new rules on, Addend. No. 15.

issue, 755.

verdict, 757.

amendments, 757.

judgment, 757.

by what courts granted, 758.

who may have, 758.

who may join in the writ, 759.

writ of error, 759.

contempt in disobeying writ, 759.

Protest, extension of, what it means, 683.

Proxies, or procurations for visitations, what, 898.

origin of, 898.

fixed sum now paid, 898.

paid for impropriations, 898.

suable only in spiritual court, 899.

only one for parsonage and vicarage, when, 899.

donatives pay none, 899.

paid to archdeacons in year of visitation by bishop, 899.

Proxy, vote by at parish elections, 625.

Proxy of consent, vid. "PROCTOR."

decision founded on not set aside, unless fraud shewn, Addend. No. 14.
PUBLIC WORSHIP, vid. "6

WORSHIP," 157, 158.

Publication, pleading after, 659.

no evidence after without leave, 403.

of notices, &c. in church, now prohibited, 767.
Pulpit, 160.

Purchaser of advowson when he may present, 14.

Q.

Quakers, marriages of, 537. 539. 579. 580. 694.

registry of marriages of, 779. 783, 784, vid. "REGISTER."

excused from serving office of churchwarden, Addend. No. 6.

Quare Impedit, proceedings in, 22. vid. " ADvowSON."

Quare non Admisit, writ of, 30. 34.

Queen Consort may make a will without consent, 960.

Quo Warranto, party applying for, must shew that those who voted for the
party elected had no right to vote, 633.

Quoad, prohibition, 745.

Quousque, prohibition, 744, 745.

R.

Reading desk in churches, 160.

Reading in," form of, 466.

Recrimination in adultery, 333, 334, 335, 336.

cruelty cannot be pleaded in, 345.

may be pleaded at any time before sentence, 334, 335.
single act proved in, will bar a divorce, 334.

no bar to criminal proceedings, 335.

solicitation of chastity not sufficient, 336.

divorce may be founded on recriminatory, plea, 336.

Reformatio Legum Ecclesiasticarum, a book of authority as to practice of the
times, 136.

Registrar, reference to, by judicial committee, 48.

of judicial committee appointed by the crown, 48.
Reimburse, rate to, vid. "CHURCH RATE," 232.
Rejoinder, vid. “PLEADING,” 667.

Repair of churches, 163, n. a.

in care of archdeacon, 168, Addend. No. 7.
of monuments in, 162.

chancel, how far a discharge for repair of church, 167.
in cases of unions of churches, 168.

of isles and particular pews, 168.

state of to be viewed every three years, 168.

of churches under Church Building Acts, 202, 203.

of churchyard, 237.

by whom done in the Anglo-Saxon period, Quære, 163, n. a.
Semb. not out of tithes since parochial endowments, 163, n. a.
to be inquired into at visitations, 896.

REQUEST, LETTERS OF,

exception in bill of citations, 789.

judge obliged to receive, 789.

may be offered by two judges conjointly, 790.

ordinarily lie in same course as appeal, 790, Addend. No. 16.

in cases of brawling and smiting, 123.

Rescinding conclusion of clause, when allowed, 332.

Residence house, procuring of, under 58 Geo. 3. c. 45—206.
REGISTER by the Canon law, 770.

no stamp to duplicates or copies, 774.

penalties divided, 774.

Civil register of births, deaths and marriages, 6 & 7 Wm. 4, c. 86, and 1 Vict.

c. 22-775.

or divided, 776.

Superintendent and district registrars, 776.

clerks of unions, if qualified, to be superintendents, 776.
refusing, guardians to elect, 776.

and supply vacancies, 776.

may appoint deputies, 776.

deputies to act till successor appointed, 776.

civilly responsible for their respective deputies, 777
removed, notice of removal to be published, 777.

appointment of, free from stamp, 777.

registrars exempt from juries, corporate or parochial offices, 777.
Superintendent registrars' offices, 777.

provided by guardians of unions, 777.

who may borrow money for, 777.

refusing to repair, lords of treasury may, 777.
till provided, rooms substituted, 778.
office taken to be within the district, 778.

District registrars, 778.

and deputies to dwell within the district, 778.

Register boxes, 778.

Register books of births, deaths and marriages, 778.

of births and deaths to be furnished to superintendents, 778.
for use of district registrars, 778.

for marriages, 778.

to incumbents, &c. of parishes, 778.
to registering offices of Quakers, 779.
to secretaries of Jewish synagogues, 779.
to registrars of marriages, 779.

superintendent on removal to deliver books to successor, 779.
refusing to do so may be committed, 779.

Births, 780,

form of registry by 6 & 7 Wm. 4, c. 86, s. 18-780.
place of, may be added, 780.

who to give information, 780.

registry to be made within forty-two days, 780.
if forty-two days expired, mode of registry, 780.
no registry after six months, 781.

YYY