be sufficient grounds, but which would not furnish a legal defence to an action; and in that case the party must apply to a Court of Equity to have the award set aside. the last the awa Where a motion to set aside the award may be made, it must generally be made before the last day of that term, the commencement of which occurs next after the award is made; that is, if the award be made in vacation, the motion must be made be fore the last day of the succeeding term; but if the award be made in term, the motion must be made before the last day of the following term. A motion to set aside an award is not allowed to be made on day of term. Where it is is intended to mov the order or submission must be made a Rule of Court, as already directed, and the award, or a copy of it, must be brought before the Court, verified in the best manner practicable by affidavit. If the motion to set aside the award be for objections apparent on the face of it, there need be no other affidavit; but if it be for matters not appearing on the face of the award, those matters must, of of course, be stated on affidavit. If the re ference were in a cause, all affidavits used throughout the business must be entitled in the cause; but if the reference be not in a cause, the affidavits should A be entitled in this manner; In the matter of an arbitration between A. B. and C. D," the affidavits must, of course, always be entitled in the Court in which they are to be used. If an application to setto aside an award be unsuccessful, the Court will gene rally discharge the rule with costs, and will always do so where the grounds on which the motion was g made appear to be slight; and where a rule of this nature has been been once discharged, no new application will be available, even though it may be grounded on, t fresh esh objections. Jv95oqch san anåt s în gỗ 95 ult UÌ How to be entitled-Deponent's Name, Residence, and Addition How Affidavit to begin-The Jurat-Interlineations i or Erasures-Affidavits on Motions for Mandamus-Criminal Information-Old Affidavit-Affidavits of Service. AFFIDAVITS should always be entitled in the Court'' in which they are intended to be used, and if made in a cause, should be entitled in the cause thus: It would be insufficient if the affidavit were entitled thus: "C. D. ats. A. B." If the plaintiff or defendant sue or be sued as executor, administrator, assignee of a bankrupt or insolvent debtor, it is not sufficient in the title to say executor, &c., assignee, &c., but it must be set out at full length thus; "A. B., executor of the last will and testament of C. D. deceased;" or, "A. B., administrator of the estate and effects of C. D., deceased, or, A. B., assignee of the estate and effects of C. D., a bankrupt;" or, "A. B., assignee of the estate and effects of C. D., an insolvent debtor." The affidavit must begin with the name, residence, and trade, profession or addition of the deponent. Where it is made by one deponent, it will begin thus: A. B., of in the county of farmer, maketh oath and saith, that." [If there be more than one deponent, it will begin thus:] in the county of , in the county of farmer, and labourer, seve rally make oath and say; and first, this deponent A. B., for himself, saith that, &c. And this deponent C. D., for himself, saith that, &c. And both these deponents say that, &c." "Sworn at Before me, is as follows: A. B. E. F., a Commissioner, &c." But if the deponent be illiterate, or a marksman, or person who cannot write his name, the jurat must be in a particular form; that form is as follows: "Sworn at in the county of , the day of , 1841; this affidavit having, in my presence, been previously read over to the deponent, who appeared perfectly to understand the same, and made his mark thereto in my presence. E. F., A Commissioner, &c." The mark K of A. B. [If there be more than one deponent to the affidavit, the jurat will be thus:] "Sworn by the deponents A. B. A. B. and C. D., at in the county C. D. Before me, E. F., a Commissioner, &c." [If both deponents are not sworn at the same time the form of the jurats will be as follows: "Sworn by the deponent A. B., in the county of day of Before me, E. F., a Commissioner, &c." The deponent must sign his name or make his mark at the foot of the affidavit, and the commissioner must sign the jurat; and if the affidavit be not entitled in any Court, or if it be entitled in the Court for the Relief of Insolvent Debtors, in which case commissioners of the superior Courts have a statutable power to swear affidavits, instead of the words "a commissioner, &c." it must appear of what Court he is a commissioner, thus: "A Commissioner for taking affidavits in the Court of Queen's Bench, at Westminster." If there be any interlineation or erasure in the body of an affidavit, the commissioner must write his initials opposite to it, but an affidavit cannot be read where there is any interlineation or erasure in the jurat, and the placing the commissioner's initials in this case is of no avail. A word run through with a pen is considered an erasure. No affidavit can be sworn before the attorney of the party, or the clerk of his attorney, though they be commis sioners. The affidavit on which a motion for a mandamus is to be made must be entitled "In the Queen's Bench," but must have no other title; and it will not be amiss to state here, that it should show a clear refusal by the party against whom the motion is made, to do the act which it is proposed, by means of the mandamus, to enforce the performance of. The affidavits to show cause against a rule nisi for a mandamus, must be entitled in precisely the same way as the affidavits on which the rule was obtained (a). The affidavits to ground a motion for a criminal information must also be entitled "In the Queen's Bench," with no other title; and the affidavits to show cause against a rule nisi for a criminal information, must be entitled in the same way; and, in general, if there be no cause pending in Court, the (a) See these subjects more fully treated of in "The Country Solicitor's Practice." affidavit should bear no other title than that of the Court. If the motion for a criminal information be, against a magistrate, he must have six clear days' notice of the motion, and it must appear on the affidavits on which the motion is made that he has had such notice (b). No allegation in an affidavit should be equivocal, or such as may be taken in different senses, for unless perjury could be assigned on an affidavit, the. Court will not act on it. An affidavit which has not been used within a year after it has been sworn, will not be allowed to be used afterwards. A country attorney is often called upon to make affidavits of service of summonses, orders, rules and notices, and therefore forms of such affidavits are r given in the Appendix, sect. 54. But where the affidavit is of the service of a rule, for disobedience es to which the party would be liable to an attachment, as a rule on the sheriff to return a writ, a rule nisi for an attachment, or the like, these forms must not m be used, for in that case it is necessary to show the to party the original rule at the time of service, and to state in the affidavit that it was so shown. It frequently happens, that for the purpose of setting aside a regular judgment which has been inadvertently suffered, and for some other purposes, an affidavit of merits is required from the defendant or his attorney; forms of such affidavits are therefore. given in the Appendix, section (55. louis vio et bus (b) See these subjects more fully treated of in "The Country Solicitor's Practice," and torpo-dne bus di78 90T |