attorney to the defendant, and attest it on his behalf. The defendant acquiesced, but the attorney so introduced was not known to or sent for by him. It was held that this was not a compliance with the rule of Easter Term, 4 Geo. 2 (31), which "declares that no warrant of attorney executed by a person in custody of the sheriff, &c., shall be valid, unless there be present an attorney on his behalf to be expressly named by him, and attending at his request, to witness it; and the warrant of attorney and proceedings thereon were set aside for irregularity. In the present case, I think Foulk has been too much identified with the plaintiff to allow this attestation to be a good one. Rule absolute, with costs. (31) And see the rule of Hilary Term, 4 Will. 4, I. 72. 1838. RICE v. LINSTEAD. PETERS v. CROFT. Monday, Nov. 26th. prosequi is entered on a plea going to the whole cause of THIS was an action of debt for goods sold and delivered. Where a nolle The defendant pleaded-first, nunquam indebitatussecondly, his discharge under the insolvent debtors act, The plaintiff delivered a similiter to the first plea, and a nolle prosequi to the second. The second plea going to the whole action, the defendant took to the office a judgment paper, marked "judgment of nol. pros.," in order to get his costs taxed. Godson, on a former day, obtained a rule nisi to set aside the judgment, for irregularity. Wilde, Serjeant, who shewed cause, relied upon Cooper v. Tiffin, 3 T. R. 511, and Cooke v. Peter Sayer, 2 Burr. 753, to shew, that, under the circumstances, the nolle prosequi being entered as to a plea going to the whole action, the entitled to judgwhole record. defendant is ment upon the 1838. PETERS V. CROFT. cause of action, the defendant was entitled to judgment upon the whole record, and to the costs. Godson, in support of his rule, submitted that the judgment was improperly entered upon the whole record. PER CURIAM.-The second plea going to the whole cause of action, the judgment entered on a nolle prosequi as to that plea would be, nil capiat per billam. There is nothing therefore to shew that this judgment is irregular. Rule discharged. Monday, Nov. 26th. Where an acknowledgment is taken abroad, the affidavit veri fying the certi cate need not name the place where it is taken. Re SHUFFLEBOttom. THE officer objecting to receive the affidavit verifying the certificate of acknowledgment under the 3 & 4 Will. 4, c. 74, because it omitted to state (as required by the form given in the rule of Hilary Term, 4 Will. 4) where the acknowledgment was taken Wilde, Serjeant, prayed that the court would direct the officer to receive it. He submitted that the statute no where required the affidavit to state where the acknowledgment was taken, and that, if it did, it was sufficiently shewn, the affidavit appearing to have been sworn at Philadelphia: and he suggested that the rule was intended only to apply to England, where the commissioners are appointed to act for certain districts, and it would be material to shew that the acknowledgment was taken before the proper commissioners. TINDAL, C. J.-There seems to be good sense in the distinction suggested. In this country, it is necessary that it should be made to appear that the acknowledgement was taken before commissioners duly authorized to act in the place where it is taken. But the same reasons do not apply in the case of an acknowledgment taken abroad. Rule accordingly. 1838. Re SHUFFLE BOTTOM. END OF MICHAELMAS TERM. 900 Filing affidavits on enlarged rules. As to Filing Affidavits in the case of Enlarged Rules. On the evening of the last day of this term, a question having arisen as to the time for filing affidavits on enlarged rules, Wilde, Serjeant, stated the understanding upon which he had always acted, to be as follows:Where a party comes to enlarge a rule against which he has to shew cause, he must file his affidavits a week before the first day of the ensuing Term: but, where he comes to enlarge his own rule, he cannot make the indulgence to himself a pretext for imposing a condition upon the other party. 901 INDEX. ACCOUNTANT. See MASTER AND SERVANT. ACKNOWLEDGMENT. I. Under 3 & 4 Will. 4, c. 74. II. Affidavit of Verification. Where an acknowledgment is taken ACTION. Joinder of Parties. The plaintiffs declared upon the follow- "Mr. J. E., and also Messrs. P. and P. and M., and as such had sold the ACTION ON THE CASE. AFFIDAVITS. I. Intituling. Where a party sues or is sued in a re- II. To hold to Bail. 1. The affidavit upon which to found 2. The swearing an affidavit to hold to III. Verifying Certificate of Acknowledg |