made a rule of Court. Kirkus v. Hodgson, H. 59 G. 3. Page 64 5. If a Judge discharge a person who had been arrested, out of custody, under an order, on his undertaking to bring no action, and he afterwards commences one in disobedience of such order, the Court will not interfere to set aside the proceedings, until the order be made a rule of Court. Jameson v. Raper, H. 59 G. 3. 6. If a declaration against a prisoner in custody be delivered on the last day of the term in which the writ is returnable, the affidavit of the delivery need not be filed till twenty days after the expiration of the following term. Wood v. Stephens, E. 59 G. 3.

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236

7. A writ of capias ad respondendum, directed to the chamberlain of Chester, commanding him to take the defendant, is irregular and void; as he is only empowered to issue his mandate to the sheriff for that purpose. Bracebridge v. Johnston, E. 59 G. 3.

237 8. The Court will not discharge a defendant, on entering a common appearance, on the ground of his having become insolvent, and obtained his certificate at Newfoundland under the 49 G. 3. c. 27. s. 8, but will leave him to such certificate in bar. potts v. Reed, E. 59 G. 3. 9. It is too late for a defendant to

plead Phil

244

10. The Court will order interrogatories for the examination of a defendant in custody, by one of the secondaries, which interrogatories must be filed with him. Arnold v. Edwards, E. 59 G. 3.

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Page 317 11. An affidavit, stating that the defendant had been discharged under an Insolvent Debtor's Act, cannot be sworn before his own attorney in the cause. Jenkins v. Mason, E. 59 G. 3. 325 12. A defendant cannot apply for costs, under the 43 G. 3. c, 46. s. 3. if he pays a smaller sum into Court than that for which he was arrested, and the plaintiff takes it out and proceeds no further in the action. Butler v. Brown, E. 59 G. 3. 13. The defendant may refer it to the prothonotary, before judgment, to ascertain what is due for principal and interest on a common money bond. Bosworth v. Bosworth, T. 59 G. 3. 590 14. The plaintiff's attorney obtained a postea from the associate on the morning of the quarto die post, under pretence of having it stamped, but instead thereof signed judgment immediately, and issued execution thereon:the Court set aside the judgment and execution, and ordered that the associate should not in future deliver over the postea until the morning after the quarto die post. Blanchenay v. Vandenbergh, T. 59 G. 3. 043 15. If one part of a deed be executed by the plaintiff alone, but remain in possession of the defendant's attorney, the Court will order him to give an inspection and copy of it to the plaintiff; and the affidavit for such inspection need not set out the

1. If a defendant be in the criminal custody of the Court of King's Bench for a conspiracy, this Court will not take him out of such custody, in order to surrender him in discharge of his bail. Bennett v. Kinnear. Currie v. The same, E. 59 G. 3. 259 2. The Court will order interrogatories for the examination of a defendant in custody, by one of the secondaries, which interrogatories must be filed with him, Arnold v. Edwards, E. 59 G. 3. 317

RECOVERY. 1. The Court will not allow a recovery to be amended by inserting a parish, if the property in the deed to lead the uses be described as a rectory, although such rectory may extend to more than one parish. de

mandant, Orchard, tenant, Barnes, vouchee, H. 59 G. 3. Page 20 2. A recovery may be amended by adding a parish, though the recovery was suffered nearly a century ago, if there be general words in the exemplification and deed to make the tenant to the præcipe, to warrant the insertion of such parish. Anonymous, E.

59 G. 3.

326 3. If the name of a tenant be inserted by mistake for that of the demandant in the body of a warrant of attorney in a recovery, the Court will not allow the warrant of attorney to be amended, or the recovery to pass, although the parties were rightly described in the præcipe at the head of such warrant. Morrell, demandant, Alban, tenant, Hatchett, vouchee, E. 59 G. 3. 4. If a vouchee sign a recovery with one part of his christian name only, the Court will not permit the other part to be added. Bradley, vouchee, T. 59 G. 3.

495

577

1. To an avowry in replevin for rent in arrear, the plaintiff pleaded in bar, payments for land-tax, and paving rates for six successive years, in order to avoid a distress; and that the sums so paid by him exceeded the amount of the rent distrained for. Held: that such a plea was bad on demurrer, as the tax and rates should have been deducted by the plaintiff from the rent of the current year, and as the plea, in substance, amounted, and was equivalent to a set-off. Andrew. v. Hancock, E. 59 G. 3. Page 278 2. Replevin cannot be maintained. for goods distrained by virtue of a warrant from a magistrate who has competent jurisdiction, under the statute of Labourers (20 G. 2. c. 19. s. 1.), to issue a warrant of distress and sale on refusal of the party to pay, nor can the question of a magistrate's jurisdiction be tried in such an action; and therefore it cannot be pleaded in bar to a cognizance made

under such warrant, that the labourer did not duly make oath before the magistrate, that the sum claimed was due to him for wages, nor that such sum was not due. Wilson v. Weller, E. 59 G. 3. Page 294 3. To a declaration of replevin for taking the plaintiff's goods, the defendant made cognizance, as bailiff of an executrix, under 32 H. 8. c. 37. for arrears of rent incurred in the life-time of the testator:-Held: that such avowry need not set out the title of the testator, or shew the executrix was entitled to distrain under that statute, and that, at all events, it could not be objected to after verdict. Martin v. Burton, T. 59 G. 3. 608

REPUTED OWNER. See BANKRUPT, 7.

RIGHT, WRIT OF.
See SHERIFF, 3.

RULE OF COURT.
See PRACTICE, 4.5.

SALE.

See EXECUTION, 1. EXTENT, 1. LABOURERS, 1.

SCIRE FACIAS.

1. The plaintiff, in vacation, obtained the signature of a Serjeant, to a motion paper to issue a scire facias against the defendant, on a judgment more than ten years old. To this writ the sheriff returned nihil, and the defendant had no personal or other notice of the writ's having issued, al

though he resided in the sheriff's bailiwick:- After the return, the plaintiff signed judgment:Held: that such judgment was irregular, as the writ should have been issued on a motion to the Court in term time, and the defendant should have had personal notice thereof. Lowe v. Robins, T. 59 G. 3. Page 757

SECURITY FOR COSTS.

See COSTS.

SET-OFF.

See REPLEVIN, 1.

SETTING ASIDE PROCEEDINGS.

See PRACTICE, 5. 14.

SLANDER. See LIBEL, 1.

SHERIFF.

See EXTENT, 1. PRACTICE, 7.

1. In an action against a sheriff for returning nulla bona to a fieri facias, which had been lodged with him at seven o'clock in the evening to be levied, and no writ of error had been allowed at half past six on the evening of that day:-Held: that the sheriff should not have returned nulla bona, but that a writ of error had been allowed, and that therefore the plaintiff was entitled to recover nominal damages. Cleghorn v. Des Anges, H. 69 G. 3. 2. In a declaration of covenant brought by a sheriff against a surety for one of his officers, who had not arrested a person under his warrant, it is neces

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sary to aver that the warrant was delivered by the sheriff to such officer; and it seems that such warrant should have been directed to him. Des Anges v. Priestley, E. 59 G. 3. Page 246 3. To a writ of summons on a writ

of right, the sheriff returned that he had caused four knights to be summoned; at the bottom of which, and before the return was made, the officer of the Court had indorsed that they were duly sworn:-Held, that such indorsement formed no part of the sheriff's return:-Held, also, that the sheriff, being commanded by the writ to summon such knights, was not guilty of negligence in omitting to have them sworn, nor was he bound to execute such writ before the commission day of the assizes, but might summon the knights from the grand Jury when present at such assizes. Windle v. Ricardo, E. 59 G. 3. 249

SPERATE DEBTS. See EXECUTOR, 1.

STAMPS.

1. An instrument given by an overseer of the poor to the reputed father of a bastard child, stating, that he had received a sum of money from the latter by a bill of exchange, payable after date, and which, when paid, would exonerate him from the expences attending the birth and maintenance of such child, does not require an agreement stamp within 55 G. 3. c. 184, schedule, part 1; but a receipt stamp is sufficient for such a document. Watkins v. Hewlett, E. 59 G. 3.

211