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 of writ of error, by death, &c. 137. Absence of witness, in what cases a ground for a new trial, 6. Action against hundredors, 201; against the inhabitants of a Actions by husband and wife, 202. Actions against them, 203; Action for mense profits, 180; in whose name, 180; to re- Action, penal, 137; no costs for plaintiff, unless given ex- Action by pauper, 215; admission to sue in formá pauperis, 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- Admission by plaintiff in error that the writ is for delay, its Admission of evidence, erroneously, in what cases ground for Admission of pauper to sue in formá pauperis, 215. Affidavit, generally, 271; form of it, 271; title of the court, 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 to impeach a verdict, by imputing corrupt motives to Affidavit for new trial, 17. Affidavit, office copies of, in what cases necessary, 293. Affidavit against a member of parliament, under the bankrupt Affidavit on moving for a rule, 285; affidavit of service of the Affidavit in moving to set aside proceedings for irregularity, 321. Notice to quit, given by, 149. Allowance of a writ of error, 136; note of allowance, 136. Ambassadors and their domestics, their property cannot be Amendment, 113; must be by leave of the court or a judge, Amendment in particular instances, 115:-of plea in 123; of records, 124; of replication, 124; of rules, 125; Amendment at the trial, 127: by consent, 127; or Amendment at other times, 132: after plea in abate- Amends, tender of, in actions against justices, 214. Appearance in ejectment by landlord, 166; by tenant, 164; in Appearance, amendment of, 115. Appointment for taxing, one sufficient, 66. Arbitration, 235. The submission, 235; by whom, 236; by Proceedings before the arbitrator, and the award, 241; Enforcing the award, 251: on a submission by deed, Execution for the sum awarded, 257. Setting aside the award, 258; when and how, 258. sa., Arrest upon an attachment, 309, 310; upon a ca. |