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what in future should be done by either party: the court held that the arbitrator was not bound to state what right the action was brought to try,-that although he might, he was not bound to direct what should be done by the parties in future,-and (it appearing that the defendant pressed him to order the judgment to be arrested, which he refused to do) that he had no power to do so. Angus v. Redford, 11 Mees. & W. 69. 2 Doul. N. C. 735.

267. 265. Where a cause, consisting of several issues, was, together with all matters in difference, referred to arbitration, the cost of the cause to abide the event, and the arbitrator by his award awarded that the plaintiff should pay to the defendant 167. 10s. 2d. being the balance he found to be due from the one to the other: the court held the award to be bad for uncertainty, first in not stating upon what issue he found; and secondly, as containing no adjudication at all upon the cause. Pearson v. Archbold, 11 Mees. & W. 477. 267. Where an action, consisting of several issues, was referred, and the arbitrator awarded that judgment should be entered up for the plaintiff on the whole declaration, and that the defendant should pay the plaintiff 57.: the award was holden void, in not stating for what sum the judgment should be entered up. Laud v. Hudson, 12 Law J., 365 qb.

272. Affidavit.] It is no objection to an affidavit that it is intituled "in the Exchequer," instead of "in the Exchequer of Pleas." Hands v. Clements, 12 Law J., 437, ex. 277. Where a deponent described himself as acting as managing clerk to J. S. of, &c. attorney for the plaintiff, this was holden to be too loose a description, and insufficient. Graves v. Browning, 6 Ad. & El. 805.

281. An affidavit intituled in the court, and sworn before a commissioner, where the jurat was sworn before me H. Bradley, by commission," was Hopkins v. Pledger, 3 Dowl. N. C. 313, qb.

holden sufficient. 119. 12 Law J.,

289. Service of a rule to compute at the defendant's dwellinghouse, upon a female whom deponent "believes to have authority to receive messages for the defendant," has been holden insufficient. Brandon v. Edmonds, 2 Doul. N. C. 225.

289. Service of a rule to compute on a defendant, who was a publican, by leaving it with a person in the bar, has been holden insufficient. Monroe v. Reader, 1 Dowl. N. C. 564.

289. Service of a rule to compute on the keeper of a hotel,

where the defendant and his family were residing, was holden sufficient. Gosling v. Best, 1 Dowl. N. C. 333. 289. Service of a rule to compute, on the sister of the defendant at his residence, circumstances showing her to be his agent being sworn to, holden sufficient. Archer v. Evans, 1 Dowl. N. C. 861.

289. Service of a rule to compute, by putting it into the defendant's letter box, and his clerk afterwards stating

that he had taken it out and given it to him, holden sufficient. Rayner v. Hodges, 1 Doul. N. C. 863.

292. Where a defendant makes an affidavit of merits, the plaintiff cannot make an affidavit in answer. Blewitt v. Gordon, 1 Dowl. N. C. 815.

293. Where a party about to shew cause against a rule, has not obtained office copies of his opponent's affidavits, it is discretionary with the court whether they will grant him time to obtain them. Re Rogers, 9 Dowl. 926. 297. Where affidavits have not been filed in time, but the opposite party, knowing of it, obtained office copies of them, this was holden to be a waiver of the objection. Re Mackay et al. 12 Law J., 337, qb.

317. Obtaining time to reply, is a waiver of an objection that the plea is not an issuable one, the defendant being under terms to plead issuably. Trott v. Smith, 9 Mees. & W. 765.

318. A promise to pay the debt, is a waiver of a defect in the service of a writ of summons. Holt v. Ede, 3 Dowl. N. C. 68.

318. Appearing before the sheriff, and defending the action, is a waiver of defects in a writ of trial. Masters v. Davy, 2 Dowl. N. C. 340.

318. Where a cause was set down in the list of new causes for the adjournment day in London, and the defendant's attorney was informed that the plaintiff intended to try it on the adjournment day, and he then applied to a judge at chambers, but unsuccessfully, to have the cause struck out of the list: this was holden to be a waiver of a defect in the notice of trial, in not stating whether the cause was to be tried on the first day of the sittings, or on the adjournment day. Younge v. Fisher, 2 Dowl. 637.

318. Taking the declaration out of the office, is no waiver of an objection that the form of action in the declaration varies from that stated in the writ of summons. Driver v. Harrison, 3 Dowl. N. C. 72.

INDEX.

A.

ABANDONING irregular proceedings, how, 321.
Abatement, pleas in amendment of, 115; amendment of de-
claration after, 132.

Abatement of writ of error, by death, &c. 137.

Absence of witness, in what cases a ground for a new trial, 6.
Absolute rules, in the first instance, in what cases, 287.
Action by an attorney, for the amount of his bill of costs,
190; process and declaration, 190; defence to it, 191.
Actions by or against corporations, 196.

Action against hundredors, 201; against the inhabitants of a
city, town, &c. 201.

Actions by husband and wife, 202. Actions against them, 203;
execution, 203
Actions by infants, 204; by prochein amy or guardian, 204,
205; costs, 205. Actions against infants, 206; he must
defend by guardian, 206; appearance, 206; costs, execu-
tion, &c. 206. Warrant of attorney by infant, 207.
Actions against justices of peace, 212; limitation of action,
212; notice of action, 212; venue, plea, &c. 214; tender
of amends, 214; verdict, damages, costs, &c. 214. Actions
against constables, for acting under a justice's warrant,
215.

Action for mense profits, 180; in whose name, 180; to re-
cover what, 180.

Action, penal, 137; no costs for plaintiff, unless given ex-
pressly by statute, 39, 187; but otherwise, for defendant,
56, 187; otherwise also in action on statute by party
grieved, 39; amendment in penal actions, 122.

Action by pauper, 215; admission to sue in formá pauperis,
215; in what cases dispaupered, 216; costs, 216.
Actions against peers and members of parliament, 217. At-
tachment against them, 217. Proceedings against them

under the bankrupt act, 217.

Actions against prisoners, 218. See "Prisoner."

Actions trifling, in what cases new trial refused in, 12.

Addition of deponent in an affidavit, 276.

Administrator, actions by, 197; process, &c., 197; costs, 197.

Actions against them, 199; process, &c., 199. Devasta-
vit, 200.

Admission by plaintiff in error that the writ is for delay, its
effect, 139.

Admission of evidence, erroneously, in what cases ground for
a new trial, 3.

Admission of pauper to sue in formá pauperis, 215.

Affidavit, generally, 271; form of it, 271; title of the court,
272; title of the cause, 273; deponent's addition, 276;
body of the affidavit, 278; signature, 279; jurat, 280.
When to be sworn, 283. Defects waived or remedied,
283; in what cases amended, 115.

Affidavit, not to be received by arbitrator, 244.

Affidavit for an attachment, 307.

Affidavit for costs under court of requests act, 55.

Affidavits in ejectment: affidavit of service of declaration, 156;
affidavit for judgment, in action by landlord against
tenant for a forfeiture, 173, 174.

Affidavit to impeach a verdict, by imputing corrupt motives to
one of the jurors, not receivable, 6.

Affidavit for new trial, 17.

Affidavit, office copies of, in what cases necessary, 293.

Affidavit against a member of parliament, under the bankrupt
law, 218.

Affidavit on moving for a rule, 285; affidavit of service of the
rule, 285; affidavit in shewing cause against it, 292; no
affidavit allowed in reply, 293.

Affidavit in moving to set aside proceedings for irregularity, 321.
Agents, demand by, in order to found an attachment, 307.

Notice to quit, given by, 149.

Allowance of a writ of error, 136; note of allowance, 136.
Alteration of affidavit, its effect, 114; the like, of an award,
247.

Ambassadors and their domestics, their property cannot be
taken under a fi. fa., 93.

Amendment, 113; must be by leave of the court or a judge,
113, 114; upon what terms, 114; how, on payment of
costs, 114.

Amendment in particular instances, 115:-of plea in
abatement, 115; of affidavit, 115; of appearance, 115; of
submission to arbitration, 236; of avowry, &c., 116; of
bail piece, recognizance of bail, &c., 116; of scire facias
against bail, or declaration thereon, 116; of capias, or
copy of it, 117; of declaration, 117; of declaration in
ejectment, 118; of writ of inquiry and inquisition, 119;
of writ of error and transcript, 119; of writ of execution,
119; of the issue, 120; of judgment, 121; of the nisi
prius record, 121; of orders of nisi prius, 122; of par-
ticulars of demand, 122; in penal actions, 122; of pleas,

123; of records, 124; of replication, 124; of rules, 125;
of scire facias, 125, 116; of verdict and postea, 126.

Amendment at the trial, 127: by consent, 127; or
without consent in matters of trifling importance, 127;
upon trial by the record, 128; by statute, 128; in cases
of variance between written instruments produced in
evidence, and the record, 128; or between the proof and
statement of contracts, customs, prescriptions, name, or
other matter, 129.

Amendment at other times, 132: after plea in abate-
ment, 132; after demurrer, 133; after error, 133; after
new trial granted, 134; after nonsuit, 134.

Amends, tender of, in actions against justices, 214.
Annuity, rule to set aside, how to be drawn up, 288.

Appearance in ejectment by landlord, 166; by tenant, 164; in
actions against husband and wife, 203; in actions against
idiots or lunatics, 204; in actions against infants, 206;
in replevin, 184; in scire facias, 38.

Appearance, amendment of, 115.

Appointment for taxing, one sufficient, 66.

Arbitration, 235. The submission, 235; by whom, 236; by
order of nisi prius, 236; by rule of court or judge's orders,
237; by bond or agreement, 237. Arbitrator refusing
to act, 238. Revocation of submission, 239, 236.

Proceedings before the arbitrator, and the award, 241;
umpire and umpirage, 241; witnesses, how compelled to
attend, and how sworn, 243; examination of the parties,
in what cases, and how, 244; time for making the award
enlarged, 244; the award, 246; costs, 248-250; costs
for delaying the proceedings, &c. 251.

Enforcing the award, 251: on a submission by deed,
&c., 251; where a cause is referred at nisi prius, 251,
236; where the submission is by rule of court or judge's
order, 252. Attachment for non-performance of the
award, 252; in what cases, 252; making the submission
a rule of court, 254; service of award, and demand of
performance, 254; affidavit, motion, &c. 255.

Execution for the sum awarded, 257.

Setting aside the award, 258; when and how, 258.
For what defects it may be set aside, 261; misconduct of
the arbitrator, 261; mistake in law, &c. 263; award not
pursuing the submission, 264; arbitrator having exceeded
his authority, 264; or not having awarded on all the mat-
ters referred to him, 265; award being uncertain, 266;
or inconsistent, 268; or not final, 268; or void, 270; in
what cases for perjury or fraud, 270.

sa.,

Arrest upon an attachment, 309, 310; upon a ca.
99; arrest without reasonable or probable cause, defend-
ant to have costs, 44.

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