for one party to the suit to draw up a rule obtained in the progress of a cause, yet if the other party wish to act upon such rule, he should draw it up within the time to which it relates; for, if not drawn up within such period, it is to be considered as having been abandoned. Gingell v. Bean. Page 50 2. After a verdict for the plaintiff, and pending a rule for a new trial, the plaintiff dies. No cause can be shewn against the rule until there is a personal representative. solute, the costs to be costs in the cause. Jeves v. Hay. Page 390 5. The court will not open a rule upon a suggestion by affidavit, that the report of the master upon which the court had acted in disposing of the rule, was erroneous. Gingell v. Bean. 555 6. The court will not issue an attachment against an attorney for not delivering up papers pursuant to a rule of court, unless it appear that the demand was by a party duly authorised to make it; and that the authority of the party making the demand, was shewn at the time of making it. Doe dem. Hickman v. Hickman. 566 7. A rule to plead may be entered before the delivery of the declaration, provided that both acts are done on the same day. Chapman v. Davis. 388 8. Where a rule to plead expires on a Monday, on which day the offices are in fact closed, because the Sunday preceding was the Queen's birth-day, the Monday is not excluded from the computation of time; and the defendant is bound to plead before the opening of the office on Tuesday. Wilkinson v. Britton. 9. II. 557 Writ of summons. 10. A writ of summons, indorsed "The plaintiff claims 95l. 9s. 6d. for debt, and l. for costs," leaving the amount of the costs in blank, is irregular. Truslove v. Whitechurch. Page 426 11. A defendant served with a copy of a writ of summons, which writ, if truly copied, would be irregular, may move "to set aside the service of the writ." Ibid. 12. And in a case where it was not shewn whether the copy served was or was not a true copy, the court made such a rule absolute. Ibid. III. Staying proceedings. 13. An order cannot be made for staying proceedings on payment of debt and costs, in an action for unliquidated damages. Fisher v. Payne. 265 and the other offices in the house, VI. Writ of nisi prius. VII. Notice of trial. 18. A defendant served with a notice 14. Nor in an action to recover a ment of which the defendant has guaranteed, per Erskine J. Ibid. IV. Reference to the master. 15. Where, on the execution of a writ of inquiry, the parties agree to withdraw the case from the jury, and to submit it to the master under a judge's order, the master sits as an arbitrator appointed by the parties, and the court will not interfere with his finding as to the facts. Ibid. V. Notice. 16. Service of a notice, by leaving it at the office of the attorney, with a laundress having the care of that 19. Where a verdict is found for the defendant upon an issue taken upon a plea pleaded in bar of the whole action, the jury cannot assess contingent damages for the plaintiff, without the assent of the defendant. Newton et ux. v. Harland and Another. 644 IX. Other matters. 20. A communication to or by the counsel of A., from or to the attorney of B., respecting the proceedings in a cause between A. and B., which takes place out of court, is not binding upon A. Richardson v. Peto. 895 21. Where, therefore, pending a rule nisi, the attorney served with the rule apprehended, from a conversation out of court with the counsel who had moved the rule, that the latter would forbear to move to make it absolute for a certain time, and the rule was made absolute by that counsel within the time mentioned, the court refused to re-open it. Richardson v. Peto. Page 895 22. Reports having reached this country of the death of the plaintiff abroad, the court, on the application of the defendant, made absolute a rule for postponing the trial until the court or a judge should direct it to proceed, the attorney for the plaintiff having given notice that he did not mean to oppose the motion. Chesser v. Ridgway. 955 23. Where a party complaining of an erroneous entry of the verdict on the postea, the proper course is to apply to the judge who tried the cause to amend the entry by his notes. Where this course has been taken, and the judge has refused to make any order, the court will not interfere. Newton et ux. v. Harland and Another. 6 PREBEND. (a) See MORTGAGE, 3. 534. n. (a) Exemplificatio cujusdam petitionis, et 1. In causes testamentary. responsionis ad eandem facta in ultimo par-2. In suits respecting marriage. Ibid. liamento, continentis, viz. quod liberum tene-3. In suits relating to the making of mentum præbendariorum in ecclesiis cathedralibus, reputabitur inesse in decano et capitulo ejusdem ecclesiæ. Calend. Rot. Pat. (50 Edw. III.) fo. 192. b. 2. Or he may avow in the general See 577, 578. n. form given by 11 G. 2. c. 19. s. 22. 1. Replevin of wool, seized by the as upon a holding at a certain rent. Ibid. 3. And if he avow under the statute, either for the entire rent, or with a deduction from the entire rent, King's officer to satisfy taxes. 549. n. 2. Replevin of liberties or franchises seized into the King's hands (a). See 577. (a). Replevin or detinue. 541.n. greater or less than the proportion II. How distinguished from trespass. properly belonging to his interest in the reversion, the judge may direct the avowry to be amended, III. either by converting it into an avowry at common law, or (leaving IV. it as an avowry under the statute), See Page 578. n. See 578. n. by describing the rent in con- V. In the detinet or in the detinuit. formity with the proportionate value of the respective parts into 3. Replevin by prescription in inferior court, to be in the detinet. which the reversion has been di vided. Ibid. And see 577. n. 546. (b). 4. Prescription, to have conusance of, 577. n. 5. Power of granting replevins, out 4. Land in the possession of a tenant for years is sold by the reversioner VI. Jurisdiction in, and conveyed by deed. The right of the purchaser, as assignee of the reversion, to receive the whole rent for the current quarter, cannot be controlled by a contemporaneous 6. A replevin bond may be taken parol agreement, to apportion the quarter's rent between vendor and vendee, Flinn v. Calow. 589 of court. 546. (b). * The mayoralty of London, seized by King Edward II., was replevied. Cal. Rot. Pal. 91. b. |