ACCOUNTANT.

See MASTER AND SERVANT.

ACKNOWLEDGMENT.

I. Under 3 & 4 Will. 4, c. 74.
The court allowed the acknowledgment
of a married woman taken at Hamburgh,
to be filed under the 3 & 4 Will. 4, c. 74,
ss. 84, 85, with an affidavit verifying the
certificate of the due taking thereof, in the
German language, sworn before the proper
officer there, but not signed by the depo-
nent-it being sworn that by the practice
of the country the affidavit is never
signed by the deponent. In re Birch and
Bell, 185.

II. Affidavit of Verification.

Where an acknowledgment is taken
abroad, the affidavit verifying the certifi-
cate need not name the place where it is
taken. Re Shufflebottom, 898.

ACTION.

Joinder of Parties.

The plaintiffs declared upon the follow-
ing agreement, signed by the defendant:

"Mr. J. E., and also Messrs. P. and
M., as the executors of the will of the late
Mr. J. M.: In consideration of your
having paid me the sum of 32l. 6s. 6d., in
respect of the share of W. M., or of his
assignees, in the produce of the estate
called B. B., I undertake to indemnify
and save you and each of you harmless
from any claim that may be made against
you in consequence of your having so
paid me the said sum of money, whether
by the said W. M., or any person claiming
through him." J. E. was the attorney of

P. and M., and as such had sold the
estate, and held the proceeds at the time
the above undertaking was given :-Held,
that the agreement was properly sued
upon by P. and M., without joining J. E.
Place v. Delegal, 249.

ACTION ON THE CASE.
See CASE.

AFFIDAVITS.

I. Intituling.

Where a party sues or is sued in a re-
presentative character, affidavits made in
the cause should be intituled accordingly.
Engler v. Twysden, 581.

II. To hold to Bail.

1. The affidavit upon which to found
an application for an order to arrest or
detain a party under ss. 3 and 7, must be
such as to shew to the satisfaction of the
court or the judge that there is probable
cause for believing that he is about to quit
England unless he be forthwith appre-
hended; and must shew the grounds of
such belief. Bateman v. Dunn, 739.

2. The swearing an affidavit to hold to
bail (in trover) before a commissioner of
the court, is a "business depending in the
court," within the 11 Geo. 4 & 1 Will.
4, c. 70, s. 4, sufficient to authorize any
judge of either court to make an order
for holding the defendant to bail. Driffin
v. Taylor, 141.

III. Verifying Certificate of Acknowledg-
ment under the 3 & 4 Will. 4, c. 74-see
ACKNOWLEDGMENT, II.

AGENT. Duty of.

In assumpsit for the breach of an undertaking to effect an insurance according to special instructions, the declaration alleged the duty of the defendants to be to effect the insurance according to the instructions, or, in the event of their inability to do so, to give the plaintiff notice of such their inability:-Held, that this was a duty necessarily implied from the nature of the employment. Callander v. Oelrichs, 761.

AGREEMENT.

See ACTION-STAMPS, II.

AMENDMENT.

I. Of Declaration, &c.

The action having been improperly brought, under the 7 Geo. 4, c. 46, in the name of two persons as public officers, the 9th section only authorizing the action to be brought in the name of one-The court allowed the proceedings to be amended by striking out the name of one of the plaintiffs, on payment of costs. Holmes v. Binney, 346.

II. Of Particulars of Demand. The court allowed the plaintiffs to amend their particulars, in an action for money had and received by the defendant whilst in their employ as clerk or agent at Mexico, by the insertion of fresh items arising within the period embraced by the former particulars, though ten years had elapsed-it appearing that the plaintiff's had been deluded by an account rendered by the defendant himself. Staples v. Holdsworth, 605.

III. Of Fines.

A fine was levied at the Autumn Great Sessions held for the county of Carmarthen in 1830 (the last Sessions held there under the Welsh judicature), and was duly proclaimed at those Sessions. At the Autumn Assizes for that county in 1831, proclamation was made of all fines levied at the Autumn Great Sessions for 1830; and it appeared that the fine in question was then upon that roll. The second proclamation alone was indorsed upon the

foot or inrolment; the indorsement of the first and third having been omitted to be made by the officer whose duty it was to do so, viz. the deputy prothonotary (afterwards clerk of assize for the South Wales circuit):-The court allowed the proclamations to be indorsed by the clerk of the peace, into whose hands the records of fines for the county of Carmarthen, by the 11 Geo. 4 & 1 Will 4, c. 70, came on the death of the late deputy prothonotary -and this after an ejectment brought to recover the premises comprised in the fine. Lloyd, Dem., Nicholas, Def., 355.

2. A fine was levied at the Autumn Great Sessions held for the county of Cardigan in 1830 (the last Sessions held there under the Welsh judicature). The roll of fines levied at those Sessions was then proclaimed, and also at the Autumn Assizes for that county in 1831; and it appeared that the fine was then upon the roll of fines levied at the Autumn Great Sessions for 1830. There was no evidence as to any proclamation having been made at the Spring Assizes, 1831; and there was no indorsement of any of the proclamations-the officer whose duty it was to indorse them on the roll, having omitted to do so :-The court allowed the procla mations to be indorsed by the clerk of the peace, into whose hands the records of fines for the county of Cardigan, by the 11 Geo. 4 & 1 Will. 4, c. 70, came on the death of the late deputy prothonotary— and this after an ejectinent brought to recover the premises comprised in the fine. Evans, Dem., Davies, Def., 372.

ANNUITY.

Liability of Surety after Discharge of the Grantor under the Insolvent Debtors Act.

1. By the 7 Geo. 4, c. 57, s. 51, it is enacted that the discharge of any prisoner under the act" shall and may extend to any sum and sums of money which shail be payable, by way of annuity or otherwise, at any future time or times, by virtue of any bond, covenant, or other securities of any nature whatsoever; and that every person and persons who would be a creditor or creditors of such prisoner for such sum or sums of money, if the same were presently due, shall be admissible as a creditor or creditors of such

prisoner for the value of such sum or sums of money so payable as aforesaid, which value the said court shall ascertain, &c. &c.; and such creditor or creditors shall be entitled in respect of such value to the benefit of all the provisions made for creditors by the act, without prejudice nevertheless to the respective securities of such creditor or creditors, excepting as respects such prisoner's discharge under the act:" -Held, that the discharge of the grantor of an annuity under the act, does not release one who had as surety for the grantor executed a joint and several warrant of attorney to secure the instalments of the annuity. Hocken v. Brown, 194.

2. And, semble, that the grantor is not discharged from liability to his surety for payments made by the latter in respect of the annuity subsequently to the grantor's discharge under the act. Ib.

ARBITRATION.

Entering Verdict.

To an action of assumpsit the defendant pleaded-non assumpsit-payment-and a set-off. The cause was referred to an arbitrator who was to have power to certify for whom, and for what amount, if any, the verdict should be entered. No evidence was offered before the arbitrator in support of the second and third pleas; but, the plaintiff failing to establish his claim, the arbitrator directed a general verdict to be entered for the defendant : -The court sent the matter back to the arbitrator, that the verdict might be entered according to the evidence. Woof v. Hooper, 281.

And see PAWNBROKER.

ARREST.

See PRISONER.

ASSURANCE.

See INSURANCE. ATTACHMENT.

For Non-payment of Costs pursuant to a Rule.

1. An attachment for non-payment of money pursuant to a rule cannot properly issue upon an affidavit of a demand by the plaintiff's attorney, where the money

is by the rule made payable to the plaintiff only, and there is no power of attorney. Mason v. Whitehouse, 246.

[See the next paragraph.]

2. A demand by the attorney of costs that are costs in the cause, will support an attachment for non-payment of them, though they are by the rule directed to be paid to the party, and there is no power of attorney. Mason v. Whitehouse, 575. ATTORNIES.

I. Admission.

(1). Preliminary Examination. A gentleman articled to an attorney quitted the service about the middle of the term, and went to the office of another attorney, to whom he was assigned. A fortnight having elapsed between the time of the clerk's quitting the former attorney and the execution of the assignment, though the service continued without interval-the Examiners declined to examine him:-The court intimated an opinion that the examination should be taken de bene esse. Ex parte Masterman, 782.

(2). Fees payable thereon-see REGULE GENERALES, I.

(3). Sufficiency of Service-see Ex parte Masterman, suprà.

II. Duty of.

A cause standing seventh in the paper (three of the preceding causes being marked" withdrawn," and the other three between the same parties,) was called on at eleven o'clock in the morning. The defendants' attorney had not instructed counsel; but one of the defendants (a sheriff's officer) was in court at the time, and made no objection to the cause proceeding. A verdict having been found for the plaintiff for 7., the court refused to grant a new trial, even on the terms of costs being paid by the defendants' attorney. Watson v. Reeve, 783.

III. Bill of Costs.

1. Pending an action brought by an attorney of this court for the recovery of a bill of charges for business done in the Central Criminal Court, it is competent to either of the superior courts to make an order for the taxation of such bill. Curling v. Sedger, 678.

2. And semble that this power is independent of the statute 2 Geo. 2, c. 23, s. 23. Ib.

3. The right of a party to have a signed bill delivered, and to have it referred for taxation, are correlative. Ib.

IV. Delivering up Papers.

A judge at Chambers having made an order requiring an attorney to deliver up to the husband (who had paid for it) the draft of a marriage settlement under which he (the attorney) was a trusteeThe court refused to set aside the order. Ex parte Holdsworth, 170.

V. Where a competent Witness. The partner of the attorney in the Mayor's court is a competent witness to prove the custom, and the course of proceeding in the particular cause. Magrath v. Hardy, 627.

AUCTION.

See VENDOR AND PURCHASER.

AUCTIONEER.

Relief under the Interpleader Act. In an action against an auctioneer to recover back a deposit, the vendor claiming to be entitled to the money, the defendant obtained a rule under the interpleader act. The third party subsequently abandoning his claim:-Held, that the defendant, having acted bonâ fide, was entitled to his costs out of the fund-the plaintiff having a remedy over against the third party. Pitches v. Edney, 582.

AWARD.

See ARBITRATION.

BAIL.

I. Affidavit to hold to Bail-see AFFIDAVIT, II.

II. Staying Proceedings on the Bail-bond.

Where the defendant had been arrested and had given a bail-bond, the court (on the equity of the statute 1 & 2 Vict. c. 110) stayed proceedings on the bailbond without an affidavit of merits. Norris v. Brighton, 752.

III. Entering Exoneretur on Bail-piece. The court refused to enter an exoner

BILLS OF EXCHANGE.

etur on the bail-piece under the 1 & 2 Vict. c. 110, s. 7, where the defendant was resident in Scotland. Dalton v. Gibb, 751.

IV. Payment into Court in lieu of-see PAYMENT, II.

BANKRUPT.

What amounts to a Payment within the 6 Geo. 4, c. 16, s. 82.

1. One R., a trader, after a secret act of bankruptcy, and within two months before the issuing of a fiat against him, deposited goods with the defendant, in consideration of a present advance of money-Held, that the assignees of R. might maintain trover for the goods, the transaction, though bonâ fide, and without notice of an act of bankruptcy, not being protected by the 6 Geo. 4, c. 16, s. 82. Wright v. Fearnley, 813.

2. Semble, that it would have been protected by s. 81, had the deposit been made more than two months before the issuing of the fiat. Coltman, J., dis. Ib.

[This case is now under consideration in the Exchequer Chamber.]

BILLS OF EXCHANGE.

I. Sufficiency of Stamp.

To a count on a bill of exchange (against the acceptor), the defendant pleaded that the bill was not duly stamped or marked with any proper stamp or mark denoting that the lawful, requisite, and proper rate or duty chargeable or charged thereon had been or was duly stamped, marked, or impressed thereon:-Held, bad on special demurrer, inasmuch as it was left in doubt whether the bill was altogether unstamped, or stamped with a stamp of a higher or lower value than required by law. Haward v. Smith, 438.