ly of opinion that the grand jury ought to have the original affidavit, as they were bound as much as the petit jury to find on legal evidence, which the copy would not be. There might be circumstances apparent on the face of the original affidavit which might influence the grand jury, which would not appear upon the attested copy; as for instance, interlineations without the initials of the party swearing. And how could the person who took the affidavit prove it, without seeing his hand-writing?

His Lordship however directed the motion to stand over, to inquire into the practice of the other courts.

And

The motion having been again mentioned this day, the Lord CHANCELLOR said he had spoken on the subject to Lord KILWARDEN, and that his Lordship had agreed with him that if a grand jury were to put the question to him whether they ought not to have the original affidavit before them, he must say that they ought. The Lord CHANCEllor said he did not see any impropriety in making this the practice; nor, generally speaking, would it be attended with greater expense, and it would be more fair by the party against whom the indictment was preferred.

The motion was granted, as sought.(a)

(a) In a civil action the office copy only goes, except under special circumstances. 1 Ves. Jun. 152; 8 Ves. jun. 313.

1803.

July 22.

A re-hearing will not be

veral defen

dants has signed and enrolled

the decree of

GORE v. PURDON AND OTHERS.

MR. BURSTON moved for a re-hearing on the petition

granted, though of the plaintiff. The decree of dismissal had been signed one only of se- and enrolled on the part of one only of several defendants, who had six different clerks and solicitors; and on this ground it was attempted to take this case out of the rule that there cannot be a re-hearing after enrolment. But the Lord CHANCELLOR was of opinion that although the decree was not signed and enrolled by all the defendants, yet if actually signed and enrolled by any it was sufficiently within the rule.

dismissal.

Motion refused, with costs.

The plaintiff afterwards filed a bill of review and obtained a decree.

END OF THE SITTINGS AFTER TRINITY TERM.

1803..

MEMORANDUM.

On Saturday the twenty-third of July, about nine o'clock at night, the Right Hon. Arthur Lord KILWARDEN, Chief Justice of Ireland, was attacked in his coach, in Thomasstreet on his return into town, and barbarously murdered by a rebellious mob.

In the course of the vacation, the Hon. Wм. DOWNES senior puisne Judge of the court of King's Bench, was appointed Lord Chief Justice of Ireland in the room of Lord KILWARDEN, and was created a Baronet of the United Kingdom.

The Right Hon. Baron DALY was appointed a justice of the Court of King's Bench, in the room of Mr. Justice DOWNES.

The Solicitor General, JAMES M'CLELAND, Esq. was appointed a Baron of the Exchequer, in the room of Mr. Baron DALY, and WM. CONYNGHAM PLUNKET, Esq. was appointed Solicitor General, in the room of JAMES M'CLE LAND, Esq.

Νου. 9.

raised pending

notice of mo

THE HE defendant had served notice of a motion for a Injunction dedimus without an injunction, pending which notice the plaintiff had raised an injunction, It was admitted that the plaintiff had a right to raise the injunction, and the Lord CHANCELLOR at first thought that the defendant ought to move to dissolve it.

But Mr. Fitzgerald having stated the practice here to be otherwise; and that on the dedimus being granted, the injunction is dissolved of course; the practice was accceded to by his Lordship.

tion for a dedimus, is dissolv ed of course on the dedimus being granted.