3. Where defendant pleads in abatement, he
must be prepared to prove his plea prompt-
ly; and a strong case must be made out
before the court will postpone the time, in
order to enable the defendant to procure
the evidence of witnesses. Wade v. Bir-
mingham.

5

4. The defendant being arrested by a wrong
name, informed the plaintiff's attorney of
the error, and afterwards, before the de-
claration was delivered, pleaded in abate-
ment; next day plaintiff declared in the
defendant's right name, and the latter
having omitted to plead de novo, the plain-
tiff signed judgment as for want of a plea;
held that the judgment was regularly
signed. Douglas v. Green.

5. Pleas in abatement cannot be filed before
defendant has appeared, there being no
distinction in this respect between pleas in
abatement and pleas in bar; and there-
fore judgment may be signed for want of
a plea, though plea in abatement has been
filed, if defendant has not appeared. Wake-
field v. Marden.

8

ACCIDENT.

See MASTER AND SERVANT, 2.

If, in the prosecution of a lawful act, an
injury, purely accidental, ensue, no acion
can be supported for an injury arising from
such accident. Davies v. Saunders and
others.
Page 539

ACCORD AND SATISFACTION.

See PLEADING, 11, 13.

ACCOUNT (ACTION OF).

Two principal officers of court appointed au-
ditors on motion, in an action of account.
Smith v. Smith.
10

Account, action for not rendering of, see
PRINCIPAL and AGENT.

ACT OF PARLIAMENT.
See CONVICTION, 2.

Effect, &c. of, see PLEADING, 38.

ACTION.

See ACCOUNT. ASSUMPSIT. CASE. COVE-
NANT. DEBT. PENAL ACTION. QUITAM.
TROVER. TRESPASS. PLEading. Par-
TIES TO ACTION. SETTING ASIDE PRO-
CEEDINGS. NOTICE OF ACTION.

If action be prematurely brought before
cause of action accrued, the court will, on
a summary application, set aside the pro-
ceedings, though such objection would
afford no defence on the trial. Kerr v. Dick,
11

that the account had been settled at a
much smaller sum. Jackson v. Tomkins.
Page 20

AGENT.

See PRINCIPAL AND AGENT. AFFIDAVIT, 6.
ATTORNEY, 7. BILLS OF EXCHANGE, 6.
SET-OFF, 1. ADMINISTRATION.

AGREEMENT.

See CONTRACT. PLEADING, 22. STAMP, 2.
TRADE, 1, 2. VENDOR AND P.

ALLOCATUR.

See ATTACHMENT, 3.

ALTERATION.

See BILLS OF EXCHANGE, 4, 5, 6.

AMENDMENT.

See ABATEMENT, 2. EJECTMENT, 10.
PLEADING, 1, 12, 23, 30. POSTEA. PRO-
CESS, 2.

1. Nisi Prius roll amended, by inserting a
special title to a declaration, defendant
having appeared after he came of age,
which was after the first day of term.
Boys v. Edmeads.

22

2. Amendment allowed in qui tam action, by
correcting an error in declaration, in the
description of the persons to whom part
of the penalty was given, though defend-
ant had pleaded early enough for plaintiff
to have gone to trial after an issuable
term; and plaintiff had neglected to do
so, and had delayed making up the issue
till a subsequent term. Solomons v. Jex-
kins.
23
3. Rule to shew cause at chambers, why
judgment, entered by mistake on a war-
rant of attorney (for a less sum than the
sum secured by the warrant of attorney),
should not be amended, will not be grant-
ed on consent of an attorney who was em-
ployed by both parties, but there must be
some other person authorized. Anon. 24.
4. A record may be amended in a penal ac-
tion, by inserting a similiter, though the
objection was taken at the trial. Wright
q. t. v. Horton.

25

27

5. If, on an issue on nil tiel record, there is
a variance, the court will permit amend-
ment, on payment of costs. Doubleday v.
6. After trial, and verdict for the plaintiff,
defendant allowed to amend pleas and
have a new trial, on payment of costs.
Storer v. Gordon.
27

7. Amendment allowed after nonsuit, where

29

fresh action otherwise barred by statute
of limitations. Dartnall v. Howard and an-
other.
Page 28
8. Order of nisi prius refused to be amended
according to the terms contained in a
paper, signed by the counsel at the trial,
the intention of the parties appearing from
their subsequent acts to have been in fa-
vour of the terms of the order. Pearman
v. Carter.
9. Where a plea was pleaded to the whole
declaration, but the matter of the plea was
in truth but an answer to part, and á ver-
dict was obtained and judgment given for
the plaintiff, and a writ of error brought,
the court refused to allow an amendment
in the record, by inserting judgment by
nil dicit for the part unanswered, on the
ground that such amendment was unne-
cessary. Paterson v. Everard.

ANNUITY.

30

1. On judgment by default, in covenant for
arrears of an annuity, the court will grant
a rule for reference to the Master, to com-
pute arrears. Allwoway v. Hill, 32
2. On a motion to set aside an annuity, af-
ter a great lapse of time, on the ground of
a mistatement of the consideration, the
affidavits should state that the parties are
alive. Amstead v. Atkins.

32
3. Judgment on warrant of attorney to se
cure annuity, set aside, because there was
no memorial, though it was omitted at the
request of the grantor; but the court re-
fused to take the warrant of attorney off
the file. Anonymous.

34

39

1. Rule refused on motion to set aside an
award, on the ground that the submission
had been obtained by fraud: the applica-
tion should have been made to set aside
the order. Where the submission has
been obtained by fraud, that may be given
in evidence, under a plea of non assumpsit,
or nil debet. Sackett v. Owen.
2. An agreement stamp is not necessary to
arbitration bond, containing, besides the
usual covenants, an agreement as to pay-
ment of costs. Trustees of insolvent
debtors, entering into arbitration bond,
admit that they have assets, and may be
directed to pay costs. In Re Wansborough
and another v. Dyer.

40

4. An award, that money shall be paid to a
stranger for the use of one of the parties
to the submission, sufficient. Court will
not set aside an award, on the ground that
one of the parties had become bankrupt
before the making of the award. If mo-
tion for setting aside an award be made
on slight grounds, the rule will be dis-
charged with costs. Snook v. Hellyer. 43
5. Award, in an action for not repairing,
made by arbitrators, upon view of the pre-
mises, without calling the parties before
them, will be set aside. Anon.

44
6. Rule granted to set aside an award, on
application of party in whose favour it
was made, it appearing that a sum had
been omitted by mistake. Anon. 44
7. Where arbitrator has power to make ap-
plication to the court for enlargement of
the time. Anon.

45

8. If, after reference by bond, one of several
of the obligees dies before award made,
the arbitrators cannot award a payment
to the survivors and executors of deceased;
and that they shall release obligors.-Qu.
If the award would have been good, if
made on surviving obligees only. Ed-
munds and others v. Cox and others. 432

46

1. King's servants. Lighter of the fires and
candles to the king's yeoman of guards,
held entitled to be discharged out of cus-
tody on filing common bail, it being sworn
that defendant had sometimes executed
the duties of his office in person, though
they were in general performed by deputy.
Forster v. Hopkins.
2. Court refused to discharge Major of the
Tower out of custody, on the ground that
he was arrested when returning from an
attendance on the Prince Regent, it not
appearing that he had been attending by
the command of his Royal Highness. If
an officer is privileged from arrest by his
warrant or commission, such warrant
should be shewn to the court. Where
there were contradictory affidavits as to
the place where the defendant was arrest-
ed, court refused to discharge him, on the
ground that the privilege of the place
made the arrest illegal. Arrests cannot
be made within the Tower. Batson v.
McLean.
48
3. An arrest within the Tower would be
bad; but the Deputy Governor is not
privileged as such. Batson v. M'Lean.

51

4. The court will not discharge the defend-
ant on his filing common bail, unless he
make out a clear case to entitle him to
such discharge, and the defendant will be
left to his plea.-Qu. How far the cessio
bonorum discharges a debt contracted in
Guernsey. Whittingham v. De La Rieu. 53
5. The court will not discharge the defend-
ant out of custody on filing common bail,
on the ground of his having become bank-
rupt and obtained his certificate in Bremen,
where the debt was contracted.
v. Languishe.

ASSAULT.

Earlier
55

See BAIL, 71. EVIDENCE, 6. VENUE, 1.

ASSIGNEES OF BANKRUPT.
See TRIAL, 2. BANKRUPT, 27.

ASSIGNEE OF LEASE.

1. The assignee of a lease is not liable to
the original lessor, for a breach of cove-
nant not running with the land, unless he

See BAIL, 68. WARRANT OF ATTORNEY, 1.

ASSUMPSIT.

See PLEADING, 30.

ATTACHMENT.

See ATTORNEY, 5, 6. BAIL, 6, 55. COSTS,
14. EVIDENCE, 11. REG. GEN. 5, 13.
SHERIFF, 1, 2. SUBPŒNA. FOREIGN
ATTACHMENT.

1. Where the plaintiff sued out an original
against the defendant in his wrong name,
the præcipe being right, and defendant
put in bail in his right name, court set
aside attachment obtained against the
sheriff for not bringing in the body, but
without costs on either side. Boswell v.
Atkins.
56
2. The report of Master of the Crown Office,
that a defendant and his attorney are in
contempt, for not obeying an award and
filing bail, is to be taken as a conviction;
and on defendant's being brought up for
judgment, the court will not receive aff-
davits in denial of the contempt, but only
in mitigation of punishment. Coulson v.
Graham.

57
3. The rule for an attachment for nonpay-
ment of money in pursuance of an alloca
tur, is only a rule nisi, when the allocatur
is founded on an award. Rer v. —. 57
4. Attachment against sheriff not set aside
on the ground of delay, unless there have
been gross laches on the part of the plain-
tiff, to the prejudice of the sheriff. Rex v.
Sheriffs of London, in a cause of Hobhouse
v. Middleditch.
58

ATTORNEY,

See AGENT. AUCTIONEER. APPEARANCE,
2. BAIL, 6, 52. EJECTMENT, 20, 25,
35. PLEADING, 17. SETTING ASIDE
PROCEEDINGS, 6. UNDERTAKING.

1. A clerk, in order to be admitted an attor-
ney, must actually serve five years under
articles; therefore where a clerk had serv-
ed part of his time with a master who had
left the country, and before his articles