5. The Court will not grant an attach- ment for non-performance of an award pending an action brought on the award; nor allow the Plaintiff to wave the action in order to apply for the attachment. Badley v. Loveday, T. 37 Geo. 3. Page 81 6. An order for the difcharge of an in- folvent under the Lord's act, f. 16. can- not be made by a Judge in Term time, though fummonfes were taken out in va- cation, and the order only delayed till the beginning of Term by an irregu- larity in the affidavit. Hafkins v. Mor- ris, M. 38 Geo. 3.
92 7. The Court will give leave in the first inftance to enter up judgment on a verdict reduced by an award. Hig- ginfon v. Nefbitt, M. 37 Geo. 3. 97 8. The Court will not order a bail-bond to be delivered up to be cancelled, be- cause the place where the affidavit to hold to bail was fworn is not mentioned in the jurat. Symmers v. Wafon, M. 38 Geo. 3. 9. A Defendant by perfecting bail above was held to wave all objections arifing from the bank act, 37 Geo.3. c.45. to the fufficiency of the affidavit on which he was held to bail. Chapman v. Snow, M. 38 G. 3. 132 10. But length of time feems to be no fuch waver. Fenwick v. Hunt, M. 38 Geo. 3. B. R. 133 n. 11. The Court will not allow a Defen- dant to strike out the entry of a judg- ment of nolle profequi entered by the Plaintiff on one of the counts of the declaration after it has been demurred to. Milliken v. Fox and Another, M. 38 G. 3.
12. Nor will the Court in that stage of the proceedings determine a question of costs refpecting fuch a count. ib. ib. 13. C. by virtue of an order from B. to receive all money due to him on a par- ticular account, obtains three out of four inftalments due from A. to B. on that account; thefe payments are afterwards queftioned by B. who brings his action againft A. for the whole fum, and at the fame time C. demands the fourth instalment: An application
22. The Court will not reftrain a Defen- dant from pleading the ftatute of limita- tions on fetting afide a regular interlo- cutory judgment. Maddocksv.Holmes and Others, E. 38 G. 3. Page 228 23. A Defendant muft take advantage of an irregularity in the writ before ap- pearance. Fox and Another v. Money, E. 38 Geo. 3.
250 24. Payment of money into Court is an admiffion of a legal demand only. Rib- bans v. Crickett, E. 38 Geo. 3. 264 25. The Court will not make a rule on a Plaintiff who brings an action on a bond, to allow an officer of the stamp- duties to infpect the bond, because the Defendant fufpects it to be forged. Chetwynd v. Marnell, Executor, &c. E. 38 Geo. 3. 271 26. The Court will not allow a Plaintiff to fign judgment, because the Defen- dant refuses to pay for half the paper- books delivered to the Judges; this cafe being within the rule, H. 35 Geo. 3. Fulham v. Bagfhaw, T. 38 Geo. 3. 292 27. Plaintiff cannot fign judgment for want of a plea without demanding one, though Defendant has neglected to take the declaration out of the office. White v. Dent, M. 39 Geo. 3. 341 28. Taking out a fummons before a Judge to ftay proceedings on the bail-bond is.. a waver of any irregularity in the no- tice of declaration. Davis, One, &c. Affignee of the Sheriff v. Owen and Another, M. 39 Geo. 3. 342 29. So taking any ftep in a caufe is a waver of any irregularity, ib. 344 30. If a Defendant be fuperfedeable for want of judgment being entered up in time, but not actually difcharged, he cannot be detained in an action on the judgment. Pierfon v. Goodwin, M. 39 Geo. 3.
361 31. If notice of a writ of inquiry to be executed at a particular hour and place be continued, the notice of con- tinuance need not exprefs any hour or place. Jones v. Chune, One, &c. H. 39 Geo. 3. 363 32. The Court of C. B. will not ftay pro- ceedings in an action on an attorney's bill brought fubfequent to the order of
a Judge of another Court for its taxa tion, but previous to that taxation having taken place. Steventon, One, &c. v. Watfon and Others, H.39 Gea.3. Page 365
33. Where judgment has gone by de- fault on a promiffory note, no irregu- larity previous to the judgment can be fhewn as caufe againft referring the note to the prothonotary. Pell v. Brown, H. 9 Geo. 3. 369 34. Service of a declaration in ejectment on one of two tenants in poffeffion is good fervice on both. Doe ex dem. J. Bailey v. Roe, H. 39 Geo.3. 369 35. A Defendant cannot demand a bill of particulars till after appearance. Kitchenv.Blanchard, H. 39 Geo.3. 378 36. The mere acknowledgment of the wife of the tenant in poffeffion that the has received a declaration in eject- ment, will not bind her husband. Good- title ex dem. Read v. Badtitle, H. 89 Gco. 3.
384 37. Service of a declaration in ejectment on a perfon appointed by the Court of Chancery to manage an eftate for an infant, is not fufficient. Goodtitle ex dem. Roberts and Wife v. Badtitle, H. 39 Geo. 3.
385 38. The Defendant may rule the Plain- tiff to enter the iffue, and move for judgment as in cafe of a nonfuit in the fame Term. Peeters v. Throgmorton,
E. 39 Geo. 3. 387 39. The Court will not on motion ftrike out a part of a plea which contains double matter. Griffiths v. Eyles, E. 39 Geo. 3.
413 40. The Court will not put off a trial on account of the abfence of a material witnefs, if by his evidence the defence of flavery is intended to be eftablished. Robinfon v. Smyth, T. 39 Geo. 3. 454 41. A replication taking iffue on a plea of payment to debt on an annuity bond, muft be figned by a Serjeant. Ellis and Wife v. Govey, T. 39 Geo.2. 469 42. In an order to enlarge the time for pleading, the firft and laft days are both reckoned inclufively. Freeman v. Jackson, E. 36 Geo. 3.
43. If the damages given by a verdict be reduced by an award, under an order of nifi prius, which has been made a rule of Court, the party is entitled to have the pofteàdelivered to him without any application to the Court. Grimes v. Naifh, E. 36 Geo. 3. Page 480
PREMIUM,
See INSURANCE, No. 2.
See INSOLVENT.
PRACTICE, No.
30. WARRANT of ATTORNEY, No. 1. 1. The Court will difcharge a Defendant out of cuftody who is in execution at the fuit of a Plaintiff fome time fince deceased, on whofe part no will has been proved, nor any adminiftration granted, and whofe family on notice of a motion for the above purpose declines interfering. Broughton v. Martin, M. 38 Geo. 3. 176 2. A prifoner after judgment against him, may, notwithstanding the allowance of a writ of error, be charged in execution, Fisher v. M'Namara, T. 38 Geo. 3.
3. The Court has no power to discharge a Defendant out of execution on the ground of a commiffion of bankruptcy having been iffued against him by the Plaintiff. M'Mafter. Kell, T. 38 Geo. 3. 302 4. A prifoner in cuftody on mefne pro- cefs is fuperfedeable, unless a copy of the declaration be delivered before the end of the Term after the process is returnable. Blyth v. Harrison, T. 36 Geo. 3.
PRISONER AT WAR,
PRIVILEDGE,
See ATTORNEY, No. 1, 2.
1. If goods, the produce of Spain, pur- chafed for British fubjects refident here, by a neutral agent refident in Spain,
TO PAY THE DEBTS OF THIRD PERSONS, See FRAUDS, Statute of.
PROMISSORY NOTE,
See LORDS ACT, No. 1. BILLS of EXCHANGE.
RECOGNIZANCE,
See AMENDMENT, No. 2. BAIL, No. 17, 18.
RECOVERY,
See COMMON RECOVERY. REFERENCE,
payment of the rent in arrear, together with all cofts, though the arrears were tendered before with cofts up to that time. Hopkins v. Shrole, H. 39Gce. 3. Page 382
4. The condition of a replevin bond is not fatisfied by a profecution of the fuit in the county court, but the plaint, if re- moved by re. fa. lo. into a fuperior court, must be profecuted there with effect, and a return made if adjudged there. Gwillin v. Holbrook, E. 39 Geo.3.
See NONSUIT, Judgment as in cafe of, No. 1, 2.
1. The Court will not permit the mife joined in a writ of right to be tried by a jury, inftead of the grand affize, though both parties defire it. Dalton v. Harvey, H. 38 Geo. 3.
EXECUTOR and ADMINISTRATOR, See FRAUDS, Statute of, No. 2.
See PRACTICE, No. 34. 36, 37.
See ATTACHMENT. BAIL, No. 9. ESCAPE. REPLEVIN.
VENDITIONI EXPONAS.
See FREIGHT. 1. The indorsements on the certificate of regiftry required by 7 & 8 Will. 3. c.22, & 26. Geo. 3. c. 60. f. 16. need not be recited in the deed of affignment of a fhip under 17. of the latter act. Capadofe v. Codnor, E. 36 Geo. 3. 483
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