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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