3. If the affidavit of the due taking of bail be sworn before the defendant's attorney, it is irregular. Sherwood's Bail, 200. 4. A copy of a writ of capias was served, without the requisite indorsement of the amount of the debt; and, after a bail-bond was given, a summons was taken out to set aside the bailbond for irregularity, and a judge made an order accordingly. Held, that the summons ought to have been to set aside the copy of the capias and subsequent proceedings; and the judge's order was, consequently, discharged. Yeates v. Chapman, 262. II. DECLARATION AND SUBSEQUENT PRO CEEDINGS: 5. A defendant is not entitled to a particular of demand, on a count on a bill of exchange. Brookes v. Farlar, 264. 6. In an action against an attorney for negligence, the Court refused to order the plaintiff to give a particular of his demand. Stunnurd v. Ullithorne, 247. 7. A rule to plead entered before notice of the declaration has been served upon the defendant, is irregular. Bennett v. Smith, 245. 8. Before the time for pleading expired, a judge's order for four days' time to plead was made by consent. Held, that the time was to be reckoned from the date of the order, on an affidavit being made that such an interpretation was understood between the parties when the order was made. Lane v. Parsons, 277. 9. An order was made at chambers, requiring the plaintiff or his agent (who attended the summons,) to give further particulars of demand; the order not being complied with, a rule nisi was obtained, calling on the plaintiff's attorney to give further particulars of demand. Upon shewing cause: Held, that service of the rule on the plaintiff was insuflicient. Stephens v. Underwood, 200. 10. In an action for the infringement of a patent, the plaintiff will not be compelled to produce a specimen of the patent articles, to enable the defendant to prepare his defence to the action. Crofts v. Peach, 110. III. PROCEEDINGS AFTER VERDICT: 11. On a writ of false judgment from an inferior court, a rule was made absolute to enter up judgment for the plaintiff, and to issue execution for the sum recovered, with costs to be taxed by the prothonotary. The plaintiff taxed his costs on the back of the rule, and issued execution:- Held, that the proceeding was irregular, as no judgment was signed. Finch v. Brook, 99. 12. Rule 65 H. T. 2 W. 4, directs "that no motion in arrest of judgment, or for judgment non obstante veredicto, shall be allowed after the expiration of four days from the time of trial, if there are so many days in term, nor in any case after the expiration of the term, provided the jury process be returnable in the same term :— Semble, that this rule does not apply to causes tried out of term. Weston v. Foster, 63. 13. Before this rule of Court, in causes tried out of term, the practice in the Common Pleas was to move in arrest of judgment within the first four days of the following term; and, therefore, a rule to arrest the judgment was discharged, where it had been obtained more than four days after the commencement of the term following the trial. Id. 14. In debt, in a county court, the defendant pleaded a tender as to part of the demand, and nil debet to the residue. The jury found for the defendant on the latter plea; as to the tender they found certain facts, but were ignorant whether they amounted to a tender or not. The court below gave judgment for the defendant on this plea also, but it was subsequently reversed on a writ of false judgment, on the ground that the facts found did not shew a legal tender:Held, that the plaintiff' was entitled to have judgment entered up in his favour on the issue relating to the tender, although the verdict in the court below was not in the alternative, and although the usual nominal damages were not given by the jury. Finch v. Brook, 97. IV. GENERALLY: 15. When a defendant in custody on final process gives a cognovit, the rule Hil. T. 2 W. 4, No. 72, which requires the presence of the debtor's attorney, is not applicable. Smith v. Jacobs, 114. 16. A consent given by the plaintiff's attorney, that a judge's order shall be made to enter satisfaction on the judgment roll for the damages and costs in a suit, does not dispense with a warrant of attorney from the plaintiff. Wood v. Hurd, 115. 17. Upon default to try, after a peremptory undertaking has been given, it is no excuse to show the absence of a material and necessary witness. Perqueres v. Bell, 197. 18. Upon an application for a commission to examine a witness who is out of the jurisdiction of the Court, under 1 W. 4, c. 22, it is not necessary to shew the nature of the attempts which have been made to obtain his attendance; and a commission will be issued in an action for crim. con. as in other cases. Norton v. Lord Melbourne, 114. 19. When an application is made against a tenant, under 1 Geo. 4, c. 87, the original deed or agreement under which the tenements are held must be produced, properly stamped. Doe d. Caulfield v. Roe, 279. 20. A motion to enter up judgment on a warrant of attorney, was granted, where the de fendant was sworn to be alive seven days before the day the motion was made. Drain v. Thompson, 111. 21. The warrant of attorney in a recovery cannot be amended, even to the extent of transposing the names of the vouchee. Lamont, Vouchee, 264. PRISONER. See HABEAS CORPUS, 1. PRACTICE, 14. 1. A debtor in execution for more than twelve months, for less than 20l. damages given in an action for crim. con. is entitled to his discharge under 48 G. 3, c. 123. Goodfellow v. Robins, 129. 2. A prisoner was remanded at the suit of the plaintiff, under the compulsory clauses of the Lord's Act, 32 Geo. 2, c. 28, for not delivering a schedule of his effects. In the following term, and sixty days having elapsed, a rule was obtained to bring up the prisoner to give the schedule; and, at the same time, a rule nisi was granted on behalf of the prisoner, to discharge him in the action, under the 48 Geo. 3, c. 123, as having been a twelvemonth in execution. The Court ordered the prisoner to comply with the rule to give a schedule; but on his refusal to do so, it was held, that he was entitled to his discharge under the 48 Geo. 3, c. 123. v. Curtis, 252. PUBLIC COMPANIES. See ACTION, 2. REPLEVIN. See PLEADING, 19. RULES OF COURT, upon Davis Reg. Mich. T. As to Return of Rules Sheriffs. Reg. Mich. T. As to the Custody of Documents. 1. By the 57 Geo. 3, c. 99, s. 26, a monition from the bishop, requiring an incumbent to reside in his benefice, is directed to be served in a particular manner; and by a subsequent section it is directed, that in all cases where proceedings are directed by monition, &c., such monition being " duly served," shall be returned into the registry of the bishop's court:-Held, that no explantion being given of the meaning of the words " duly served," the mode of service pointed out in the case of a monition to reside, was applicable to the service of a monition issued in pursuance of the statute, for the purpose of levying the salary of a curate by sequestration. Green v. Cobden, 6. 2. The statute directed the service of a monition to be by delivery to the incumbent, or by leaving it at his then usual or last place of abode, or if not then to be found, with the officiating minister or one of the churchwardens, and also by delivering a copy thereof at the house of residence belonging to the benefice. The incumbent was last in the parish in 1831, when he resided in the vicarage-house; his subsequent residence was unknown, but his daughter remained in the parish, and the officiating minister being himself the sequestrator, it was held, that the delivery of a copy of the monition at the vicarage-house was a sufficient service within the meaning of the statute. Id. SET OFF. See COSTS, 1. SEWERS, COMPANY OF. See ACTION, 2. SHERIFF. 1. Under the 61st section of 6 W. 4, c. 76, the sheriff of Oxford is not required to execute, in Oxford, writs which issue from the superior courts. Granger v. Taunton, 196. STAMP. See PRACTICE, 18. 1. Where a mortgagor covenanted ex- STATUTES, Upon which decisions are reported. 14 Eliz. c. 11. (Ib.) Vivian. Blomberg, 255. 18 Eliz. c. 11. (Ib.) Vivian v. Blomberg, 255. 43 Eliz. c. 6. (Costs.) Wilson v. Lainson, 249. 21 Jac. 1, c. 3. (Patents.) Cornish v. Keene, 281. 11 & 12 W. 3, c. 7. (Pirates.) 16 Car. 2, c. 7, s. 3. (Gaming.) 22 & 23 Car. 2, c. 9. (Costs.) 29 Car. 2, c. 3, s. 4. (Frauds.) 9 Anne, c. 14. (Horse Racing.) Brogden v. Marriott, 136. 2 Geo. 2, c. 23, s. 7. (Taxation of Costs.) 7 Geo. 2, c. 8. (Stock Jobbing.) Wells v. Porter, 78. Oakley v. Rigby, 42. 12 Geo. 2, c. 13. (Agency Bills.) 32 Geo. 2, c. 28. (Lord's Act.) 48 Geo. 3, c. 123. (Prisoner.) 55 Geo. 3, c. 184. (Stamps.) Doe d. Jarman v. Lander, 186. 57 Geo. 3, c. 99, s. 26. (Sequestration.) 59 Geo. 3, c. 49. (Foreign Enlistment.) 1 Geo. 4, c. 87. (Landlord and Tenant.) 6 Geo. 4, c. 16, s. 50. (Bankrupt.) 7 Geo. 4, c. 57, s. 50. (Insolvent.) 9 Geo. 4, c. 14, s. 1. (Limitations.) Hollis v. Palmer, 55. c. 22. (Election Petitions.) 1 Wm. 4, c. 22. (Interrogatories.) 1 & 2 Wm. 4, c. 58. (Interpleader.) 2 Wm 4, c. 39, s. 2. (Distringas.) 4. (Irregularity.) 3 & 4 Wm. 4, c. 42, s. 31. (Executors' Costs.) s, 33. (Costs on Nol. Pros.) s. 39. (Arbitration.) Clarke v. Stocken, 1. c. 98. (Bank of England.) Bank of England v. Anderson, 294. 3 & 4 Wm. 4, c. 74. (Acknowledgments.) Exparte Grove, 246. Re Scholefield, 236. 5 & 6 Wm. 4, c. 83. (Patents.) Crofts v. Peach, 110. 6 Wm. 4, c. 76. (Corporation-Sheriffs.) STOCK-JOBBING. See CONTRACT, 1, 2. TRESPASS. See ACTION, 2. PLEADING, 15, 16. 22. 1. In trespass for taking a steam-vessel, 2. In another plea, the defendant pleaded, TROVER. See BILLS OF EXCHANGE, 1. VARIANCE. See PLEADING, 2. VENDOR AND VENDEE. See ESTOPPEL, 1. VERDICT. See NEW TRIAL, 1, 2, 3. WAGER. See CONTRACT, 4. WAGES. See PLEADING, 5. WARRANTY. See CONTRACT, 3. WARRANT OF ATTORNEY. See PRACTICE, 19, 20. WAY. See PLEADING, 16. 22. |