2. Stating a sum due "upon and for the balance of accounts between the defendant and the plaintiff," is insufficient in an affidavit of debt. Ib.

3. In an action on a bill of exchange by an indorsee against an indorser, the affidavit of debt must state the default of the acceptor, a statement that the amount "is now due and unpaid," will not supply the omission of that allegation. Ib.

4. An affidavit of debt, stating two causes of action, one imperfectly, and the other correctly, is not bad altogether, but the defendant may be held to bail for the latter if separate and independent of the former. Ib.

5. Semble, that an affidavit to hold to bail, stating the defendant to be indebted to the plaintiff "for money found to be due on an account stated between them," is sufficient. Debenham v. Chambers,

101

6. In an affidavit to hold to bail in case, for injury to plaintiff's reversionary interest in certain premises, it is sufficient to swear to the amount of damage according to deponent's "in

AFFIDAVIT (ENTITLING).

formation and belief," and it is no objection that the affidavit is made by the plaintiff's attorney, and not by a surveyor. Hodgson v. Dowell, 314 7. An affidavit to hold to bail stated defendant to be indebted upon a bill of exchange drawn and accepted by him-Held, sufficient. Harrison v. Rigby, 93

8. Where an affidavit of debt alleged the defendant to be indebted to two persons for money lent by them and their late co-partner, the Court ordered the bail-bond to be delivered up to be cancelled upon an affidavit that the third partner was still alive. Morrell v. Parker,

123

9. An affidavit of debt, alleging the defendant to be indebted in 1847. on a promissory note "drawn and made payable for the like sum," is sufficient, and the amount of the note need not be more specifically mentioned. Daley v. D'Arcy Mahon, 192

10. The jurat of an affidavit sworn before a commissioner, stating it to have been received "by virtue of a commission forth," and omitting the word "issued," is sufficient. Ib.

11. An objection to an affidavit of debt, that it is not entitled in any Court must be taken within the time limited for entering an appearance, and, in the case of a prisoner, sickness does not excuse delay. Ib.

12. An affidavit of debt "for money found to be due upon an account stated," is sufficient, without alleging that it has been "settled," or that a "balance" has been struck. Balmanno v. May, 306

AFFIDAVIT (ENTITLING). See AFFIDAVIT (OF DEBT), 11ATTORNEY, 2.

The affidavit of the execution of a power of attorney to demand the performance of an award, must be entitled in the cause. Doe d. Clarke v. Stillwell.

305

ALLOCATUR.

See ATTACHMEnt, 7.

AMENDMENT.

See ATTORNEY (ADMISSION OF), 4HABEAS CORPUS-NON PROs., 2SIMILITER, 5-VARIANCE, 3, 4.

1. Semble, that a plaintiff who has demurred to a plea, and has obtained judgment, having obtained a Judge's order to amend, may efface that part of the cause of action from the declaration to which the plea was pleaded, without paying the costs of the demurrer. Baden v. Flight, 177

2. The Court will allow amendments as well in penal as in civil actions, unless delay is caused thereby. Jones v. Edwards,

369

1. An application being made, under the statute 43 Geo. 3, c. 46, s. 3, by the defendant for his costs, and it being shewn that he was arrested for a sum of 281., which was made up of two amounts of 17., claimed on a bill of exchange, and 11. for goods sold, and at the trial a verdict being returned for the plaintiff for the first mentioned sum, but the defendant having pleaded the Statute of Limitations, the claim for the second sum was abandoned, but it appearing, on an affidavit sworn by the plaintiff, that the defendant had frequently admitted the amount for the goods sold to be due:-Held,

that the defendant was not entitled to his costs. White v. Prickett, 445

2. In such an application, it is for the defendant to prove the want of reasonable and probable cause for the arrest. Ib.

3. A defendant will be entitled to his costs under the 43 Geo. 3, c. 46, s. 3, if he has been arrested for a larger sum than that found to be due, when the plaintiff ought to have known that he had not legal proof in support of his claim to the extent for which the arrest took place. Robinson v. Whitehead,

ASSETS.

See PLEA, 3.

ASSIGNEE.

292

See PLEA, 1, 9-REPUTED OWNERSHIP-SECURITY (FOR COSTS), 3— VENUE.

ATTACHMENT.

See ATTORNEY, 4-AWARD, 5-CERTIORARI, 8-TRESPASS, 3, 4, 5. 1. An attachment for non- -payment of money will not be granted, if the affidavit on which it is sought to bring the party into contempt describes the rule of court as an "order." In the Matter of Turner,

6

2. A body rule expired on the 20th at 11 o'clock; on the 17th, notice of justification was given for the 20th,

but served after 11 o'clock. The bail attended accordingly, and the Judge made an order that they should have "three days' further time to justify," without prejudice to the question as to the sheriff being in contempt :Held, that the meaning of the order was, "without prejudice to the sheriff being in contempt at the time of making the order;" and as the sheriff had the whole of the 20th to bring in the body, the Court set aside an attach

ment subsequently granted against him, for irregularity. Regina v. Sheriff of Middlesex,

164

3. Cepi corpus being returned by the sheriff to a writ of capias, without a Judge's order or rule of Court, and an order to bring in the body being disobeyed, the plaintiff is entitled to a rule absolute to make the order a rule of Court, and for an attachment under R. G. H. T. 3 Will. 4. Bertram v. Davis, 180 4. The Court will not dispense with personal service of a rule for an attachment, in a case where the person sought to be served is an attorney, and the attempts to serve him personally have been ineffectual. Wilkinson v. Pennington,

183

5. A demand of costs, which, by the rule, are payable to a high-sheriff, made under the authority of a power of attorney executed by the undersheriff after the high-sheriff has gone out of office, is sufficient to support an attachment. Reg. v. Mattey, 515

6. Although husband and wife may be parties to a suit, an attachment for non-payment of costs will not be granted against the latter. Doe d. Allanson v. Canfield, 523

7. Where a rule for an attachment has been issued against the plaintiff for non-payment of costs pursuant to the Master's allocatur, for not proceeding to trial, and he subsequently pays the costs as well as the costs of the attachment, if it appears that the original rule requiring the costs to be paid, directed them to be paid to the defendant, and the demand is made by his attorney, the Court will not consider the plaintiff to be in contempt, but will order the costs of the attachment to be repaid to him. Mason, Administrator, v. Whitehouse, 602

8. Where the defendant is arrested on a capias, and in the copy served on him he is directed to put in bail in the Exchequer of Pleas, instead of in

See AFFIDAVIT (OF DEBT), 6-ATTACHMENT, 4, 9-EJECTMENT, 9. INFERIOR COURT, 3-PRISONer, 1, 2, 4, 7, 8, 9—-REPLICATION, 3— SOLICITOR (UNDERTAKING OF)WRIT (OF TRIAL), 6.

1. The provisions of the statute 7 Will. 4 & 1 Vict. c. 56, are prospective only, and therefore an attorney commencing an action, before the act was in operation, in the Common Pleas, not being duly admitted an attorney of that court, is entitled to recover such costs only as were incurred after the passing of the act. Newton v. Spencer, 401

2. Affidavits in support of an application against an attorney to compel him to deliver up a document, may be entitled in the action out of which the claim arises, although judgment

has been signed and execution issued. Simes v. Gibbs, 310

3. An attorney is liable to the summary jurisdiction of the Court for misconduct, while one of its officers, although at the time of an application against him he has ceased to be an attorney. Ib.

4. An affidavit in support of a rule for an attachment against an attorney for not obeying an order of Court, not stating him to be an attorney of the Court in which the rule has been obtained, is sufficient, since 1 Vict. c. 56, s. 4. Downton v. Styles, 189

5. There is no implied contract with an attorney who subpoenas a witness, to pay the expenses occasioned by such subpoena. Robins v. Bridge,

140

2. The 15th of April, which by 11 Geo. 4 & 1 Will. 4, c. 70, s. 6, is constituted the first day of Easter Term, falling on Easter Sunday, a delivery, three days before the 18th April, of the notices for the admission of an attorney, was held to be a sufficient compliance with Reg. Gen. H. T. 2 Will. 4. Ex parte Bayley, 516

3. Where the delay on the part of an articled clerk in sending in the answers required by Reg. Gen. E. T. 6 Will. 4, has been caused by the unexpected absence of the attorney with whom the articles were served, the Court will allow them to be sent in nunc pro tunc. Ex parte Lyons,

517

4. The Court will allow an attorney's notice for admission to be