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Court, and such attachment may issue

on the following day provided bail See Costs, No.7, 8.
shall not then be perfected, or the
Defendant rendered in discharge there-
of. Reg. Gen. Trin. 38 Geo. 3. Page 312 See Frauds, Statute of, No.z.

2. An attachment for non-payment of a

sum of money pursuant to an award,
cannot issue before a personal demand AUDITA QUERELA,
has been made. Brandon v. Brandon, See BANKRUPT, No.11, 12, 13.
E. 39 Geo.3

394 1. The Court will always give relief in a
3. Even though the time and place for

summary way, where a party would be
the payment of the money be specified intitled to it on an auditá querełá.
in the award.


Lifter, One, 8c. v. Mundell, E. 39 Gen.3.
4. No rule for an attachment shall be

Page 427
abfolute in the first inttance. Chauntv.
Smart, E. 36 Geo.3.


5. Except for non-payment of cofis upon

1. If a power of a public nature be com-
the prothonotary's allocatur. ib.

mitted to several who all meet for the

purpose of executing it, the act of

the majority will bind the minority.
See Courts, No.5.

Grindley and Another v. Barker and
Practice, No.32.

Others, E. 38 Geo.3.

1. The Court will not discharge an at-

torney on a common appearance, un-

lefs he thew that he has practised
within the space of a year. Dufon v.
Birch, One, 8c. E. 37 Geo.3. (Vid. et
Brooke v. Bryant, 7 Term Rep.25.) 4

2. Qu. If he should not also state that he
has had a certificate under 25 Geo.3.

c.8o. within that time?


See AFFIDAVIT to hold to bail, No.2.
3. Delivery of an attorney's bill is con- ATTORNEY, No. 1.

clusive evidence on a taxation by the Ball Bond,
prothonotary against an increale of BANKRUPT, No.10.
charge in a subsequent bill on any of Foreign LAWS, No.1.
the items contained in the first, and PLEADING, No.21, 22, 23.
strong presumptive evidence against 1. The Court will not discharge a De-
any additional items. Lorcridge v. fendant on a common appearance un-
Botham, E. 37 Geo. 3.

49 der the 34. G.3: 6.9. 87. on the
4. One admitted an attorney of C. B. ground of the Plaintiff's refidence in

(unless an attorney of K. B. or Soli- Holland. Pieters and Another 1.
citor of Chancery or Exchequer) must Luytjes, E. 37 Gco.3.

file his articles of clerkship with the 2. A Frenchwoman and her husband come
fecondary, together with affidavits of over to England, the husband gives
execution, due service and notices. her a power of attorney to tranfact his
Regula Generalis, T. 37 Geo.3.

businels, and goes to Hamburgh, the

cohabits with another man, and trades

on her own account with the plaintiff

by whom she is arrested: under these
circumstances the Court will not

discharge her on a common appearance

on the ground of her coverture,although

the Plaintiff appear to have been




acquainted with it. De Gaillon v. V. 12. Bail were allowed to justify after the
H. L'Aigle, E. 37 Geo.3.

Page 8

rule on the Sheriff to bring in the body
3. It is no objection to bail that they are had expired, on payment of the costs
indemnified. Neat v. Allen, E. 37 Gc0.3. of the opposition. Weddall v. Berger,

M. 39 Geo.3

Page 325
4. Where bail are opposed and rejected 13. If a man carry on his businels at a

and the Defendant is surrendered on lodging in one place, and keep a house
the next day, he may justify new bail at another, notice of bail defcribing
without paying the costs of the former him as of the former place is sufficient.
oppofition. Holward v. Andrè, E.

37 Geo. 3.

32 14. The Court allowed the Defendant to
5. If the principal be surrendered within justify bail after an attachment had if.

four days after the return of that writ, lued againft the Sheriff, but gave leave
in which there is an effectual proceed- to the plaintiff to oppose them with-
ing, it is fufficient. Thus, if bail be out prejudice. Williams v.Waterfield,
served with procefson his recognizance, M. 39 Geo.3:

and die before the quarto die post, and . 15. Where bail are regularly put in and
fresh process issue against his execu- excepted to, the Defendant need not
cutors, they have until the quarto die defcribe them in his notice of justifica-
poft of the second writ to surrender the tion. England v. Kerwan, M. 39 Geo.3.
principal. Meddorfcroft, One, &c. v.

Sutton and Another, T. 37 Geo. 3. 6116. The Court will not discharge a De-
6. Bail are not permitted to juftify who fendant on a common appearance on

have been indemnified by the Defen- the ground of infancy. Madot v. Eden,
dant's attorney. Reg. Gen. H. 37 Geo.3. E. 36 Geo. 3

103 17. A Defendant cannot enter into the
7. The Court rejected bail who had re- recognizance of bail. Reg. Gen. E.
ceived a verbal promite of indemnity 36 Geo. 3.

from the Defendant's attorney, but 18. But each of his bail shall bind him-
gave time to put in fresh bai). Green- self in double the sum sworn to. ib.

fill v. Hopley, M. 38 Geo. 3. 103
8. Where bail in C.B. is taken under a

judge's order, each of the bail is liable
to double the sum ordered, as well as

See PRACTICE, No. 8.
to double the sum sworn to, when 1. If a Defendant surrender himself, it
taken by affidavit. Dahl v. Johnson,

is a fufficient performance of the con-
H. 38 Geo.3


dition of the bail bond without putting
9. The Court will not permit a Defen- in bail. Maddocks and Another v.
dant to justify bail after an action for Bullcock, M. 39 Geo.3:

an escape commenced against the She- 2. But he must give notice of such fur-
riff, who has neglected to take a bail render, ib.

bond. Webb v. Matthew, E. 30 Geo.3. 3. If bail be put in without any deferip-

225 tion, one of whom proves to be clerk
10. It is unnecessary to give bail in error to an attorney, and the other a perfon
on a judgment in debt, unless it

ap- in a low situation, Plaintiff may take
pear that the action was brought on a an aflignment of the bail bond. Fen-
fpecific contract. Ablett v. Ellis, E. ton v. Ruggles, M. 39 Geo.3.
38 Geo. 3.

11. If a Defendant be arrested by process
of K. B. and removed by habeas corpus

to C. B. he may put in and justify bail 1. The Court will give leave to amend a
in either Court. Knowlys and Another

misnomer in the bail piece. Anderson
v. Reading, Trin. 38 Geo. 3.

v Noah, E. 37 Geo. 3.



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purchase-money, refold it to B., who
See AFFIDAVIT to hold to bail, No.5.7.

never took actual poffeffion, but de-
PRACTICE, No.9, 10.

mised it to him for three years; during
1. An affidavit to hold to bail made in

that time A. became bankrupt, and the
Ireland two days only after the passing

aslignees having feized the plant in
of 37 Geo. 3. c.45. having omitted to

his possession under 21 Jac. i, it was
comply with the provisions of that act,

held a good defence to an action of

trover brought against them by B.
a common appearance was allowed.
Stewart v. Smith, M. 38 Geo. 3,

Bryfon v. Wylie, H. 24 Geo.z. B. R.
Page 132. n.

Page 83,4
2. And a supplemental affidavit was re-

6. If any one of the creditors, though

without the privity of the bankrupt,

be induced by money to sign the cer-

tificate, it is void. Holland v. Pele
mer, M. 38 Geo.3.


7. If a Plaintiff become bankrupt after a
PARTNERS, No. 1, 2.

nonsuit at Nifi Prius, and before the
Bills of ExcHANGE, No.3.

judgment of nonsuit, the costs of the
nonfuit are a debt proveable under

the commission.

Watts v. Hart, M.

38 Geo. 3.
See COMPOSITION, Deed of, No. 1.

8. It is no objection to a commission
Costs, No. 1.

of bankruptcy that is was sued out
PARTNERS, No. 1, 2.

with intent to defeat a previous exe-
PRISONER, No. 2, 3.

cution, if no collusion appear on the
1. If an order for the delivery of goods part of the bankrupt. Menham, A-

in the hands of a third person be given fgnee, &c. v. Edmondfon, H. 39 660.3.
to an uncertificated bankrupt in pay-

ment of a debt accrued subsequent to 9. If a creditor accompany the Sherif
his bankruptcy, he may maintain tro- officer in levying an execution which
ver for them.

Forler v. Down, E. is afterwards avoided by a commission
37 Geo. 3.

44 of bankruptcy, trover 'may be main-
(l'id.et.Webb.v.F01,7 Term Rep.391.) tained against the former by the al-
2. If the furniture of a coffee-house be fignee, though he has never received

taken in execution by a creditor, and either the goods or their value from
without being removed be let by him the Sheriff. ib.
to the keeper of the coffee-houfe, who 10. The Court will not order a common
becomes bankrupt while in pofleffion

appearance to be entered on the
of it, the affignees may feizeit under ground of the Plaintif having proved
the 21 Jac. 1. c. 19. 8.11. Lingham v. his debt, and been chosen affignee un-

Biggs and Another, T. 37 Geo. 3. 82 der a commission of bankruptcy issued
3. If a man be the reputed owner of against the Defendant. Hill v. Reccel,

goods, and appear to have the order E. 39 Geo. 3.
and difpofition of them, he must be 11. If a f. fa. issued against a bankrupt
understood to have taken upon himfelf before certificate obtained be not exe-
“ the fale, order, and difpofition, cuted till after, the Court will order
within the meaning of 21 Jac. 1. C. 19. the goods to be rettored, even though

87 he has not pleaded his certificate ac-
4. Poffeffion of chattels with nothing to cording to 5 Geo.2.c.30. 8.7. Lijier,

oppose it, is always evidence of owner- One, 8c. v. Mundell, E. 39 Geo. 3. 4??
ship; but such evidence as may be op- 12. For the Court will always give

88 relief in a fummary way, which might
5. A., a dyer, having purchased a plant obtained by auditá querela.

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poled. ib.

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of B., and being unable to pay the

13. But

Page 32

- 467


13. But if any thing be alleged to invali- BILL OF EXCEPTIONS,
date the effect of the certificate, the 1. A bill of exceptions being no part of
Court will direct a trial on the plea of the record in the Court below, is not
bankruptcy. Lister, One, &c. v. Mun-

to be included in the taxation of costs
dell, E. 39 G.3:

Page 427 there. Gardner . Baillie, E. 37 Geo.3.
14. An action against a bankrupt who has

obtained his certificate under a second
commission, on a cause of action accru-

ing previous to his second bankruptcy,

may be maintained before a dividend
has been made, or the period for making
it allowed by 5 Geo. 2. c. 30.8.37. is

elapsed, if evidence be adduced to See PRACTICE, No. 35.
thew that it is not probable from the
state of the effects in the hands of the BILLS OF EXCHANGE AND PRO-
assignees, that the bankrupt will be able

to pay 158. in the pound. Jelfs v. Bal-

See PARTNERS, No.1, 2.
lard, T. 39 Geo.3.


A note payable' on demand with inte-
See PLEADING, No. 21, 22, 23.

reft, drawn by A. in favour of B. as a

security for a debt, was by him indorsed
Practice, No.3.

to C. for the fame purpofe: after the

indorsement, it pafled backwards and

forwards between B. and C. several
See BAIL, No.1. POWER, No.1.

times, and previous to its being ulti-
1. Defendant's wife having committed

mately deposited with C. he received

an intimation from B. not to negociate
adultery, he left her in his house with

it, as the latter would want it when he
two children bearing his name, but

settled accounts with A.; held that C.
without making any provision for her

could not, after a fettlement of accounts
in confequence of the feparation; the

between A. and B.without a re-delivery
continued in a state of adultery : held

of the note, recover on it against A.
that the husband should be liable for

Roberts and Others, Algnees, &c. v.
neceflaries furnished to her unless it

Eden, E. 39 Geo. 3.
appeared that the plaintiff knew or

2. For it was deposited as a pledge, and
ought to have known the circumstances

therefore subject to the fame equity as
under which she was living. Norton v.

if remaining in the hands of the original
Fazan, E. 38 Geo.3.

2. It seems that a woman living apart
from her husband in a state of adultery, 3. If A. deposit bills indorsed in blank

with B. his banker, to be by him re-
is liable on her own contracts, though

ceived when due, and the latter raise
she has no separate maintenance. Cox
v. Kitchin, M. 39 Geo.3.

money upon the bills by pledging them

with C. another banker, and afterwards
3. If the husband refide abroad, and the

become bankrupt; A. cannot maintain
wife trade and obtain credit in this

trover against C. for the bills. Collins
country as a feme fole, she is liable for

v. Martin, H. 37 Geo.3.

her own debts. De Gaillon v. L'Aigle,

4. Notice of non-payment of a bill by the
M. 39 Geo. 3.


acceptor need not be given to the

drawer, if the latter have no effects in
BILL, Delivery of,

the hands of the former; though the

indorfer have. Walruyn v. St. Quintin,
H. 37 Geo. 3.



payee. ib.

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5. If the holder, after protest for non-

payment and notice to the drawer, for-

bear to sue the acceptor, the drawer

is not thereby discharged. Walwyn v.
St. Quintin, H. 37 Geo.3. Page 652

6. So after protest only, if the drawer be
not entitled to notice. ib.

ib. See PLEADING, No.5.
7. Secus, before protett, or if the holder
take security from the acceptor after

proteft. ib.


8. If the holder accept part-payment of
the indorfer, he may itill recover the

residue againit the drawer; if not the
whole. ib.

ib. See REPLEVIN, No.1, 2.

Page 13


See PROHIBITION, No. 1, 2, 3, 4. 1. If the lord of the manor plant trees on

a common, the commoner has no right

to abate them, though there be not a
See CONDITION, No.1, 2.

fufficiency of common left: his remedy

is by action. Kirby v. Sadgrote, in

Error, E. 37 Geo.3.
EVIDENCE, No.5, 6.

2. But if the lord fo plant as to deftroy

the common, such an act would be con-
PLEADING, No. 26, 27.

fidered as a nuisance, and the com-
REPLEVIN, No. 2.4.

moner might abate. ib.

1. The Court will stay proceedings on a
single bond on payment by the obligor

of principal and costs, without intereft. 1. It is no objection to the paffing a com-

Hogan v. Page, M. 39 Geo.3. 337 mon recovery that the order of the
2. If the obligor of a bond after notice of names of the vouchees in the præcipe
its being atligned, take a release from

at bar, varies from that in the dedimas.
the obligee, and plead it to an action Lang v. Woodhouse, E. 37 Geo.3. 3!
brought by the assignee in the name of 2. Nor that the warrants of attorney of
the obligee, the Court will set the plea the several vouchers are on separate
afide. Legh v. Legh, T. 39 Geo.3. pieces of parchment. ib.

447 3. The Court will give leave to amend a
3. Nor will they under these circum- mistake in the writ of entry in a com:
stances allow the obligor to plead pay-'

mon recovery. Cross v. Pead, M.
ment of the bond. ib.

38 Geo.3.

4. No common recovery or fine fhall be

fuffered to pafs unless the taking of the
See TREATING Act, No.1.

warrants of attorney be before one of

the Justices or Barons of the Courts

at Westminster, or one of the Serjeanto
See PLEADING, No. 13, 14.

at Law, unless an affidavit be filed ftat-
ing that the commissioners taking the

fame, are, to the best of the Defendant's

information and belief, either barrifters

of five years ftanding, or solicitors orat-

torneys offome of the Courts at Weftmix-
See Costs, No.7.

fter, the Judges of the Court of Seffion


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