AFFIDAVIT. See ATTORNEY, 10. AWARD, 2. CERTIORARI. COSTS OF THE DAY. COURT OF REQUESTS' ACTS, 5, 10. EXAMINATION OF WITNESSES PROCHEIN AMY, 1. 1. An affidavit described the deponent as "Edward Charles Pownall," the signature at the end was "Charles E. Pownall:" Held, no objection. An affidavit intituled "in the Exchequer," is sufficient, if it appears to have been sworn before an officer of the plea side of the Court. Hands v. Clements, 379 2. An affidavit of service made "on the day of the date hereof," no date being mentioned, except that of the jurat, is insufficient. Hughes v. Browne, 788 3. An application to compel the defendants to pay the costs of a mandamus was objected to, on the ground that they were wrongly described in the body, as well as in the title of the affidavit, on which it was moved, as "The Directors of the Great Western Railway Company." The application was afterwards renewed on the same affidavit corrected so as to properly describe them as "The Great Western Railway Company." The Court refused to entertain the second application. The Queen, on the prosecution of the Mayor, Aldermen, and Burgesses of the Borough of Maidenhead v. The Great Western Railway Company, 874 4. Where a party obtained a rule nisi upon affidavits, which were badly intituled, and discovering his mistake, he applied to the Court for leave to take the affidavits off the file, and amend and re-swear them; the Court refused to allow such a course to be taken, on the ground that the affidavit would appear to have been sworn after the rule was drawn up; and also refused to allow a fresh rule to be drawn up on amended affidavits; but suggested a new motion upon affidavits disclosing the circumstance of the error; giving no opinion, however, upon the validity or effect of such new motion. Doe dem. Hill v. Tollett. 121 5. In the writ of summons the plaintiff described the defendant as James S. Hodson; the defendant entered an appearance as James Shirley Hodson; affidavits were produced in support of an application to set aside interlocutory judgment, the title of which described defendant as James Shirley Hodson, sued as James S. Hodson: Held, that they were well intituled. Dunn v. Hodgson. 204 ARBITRATOR. See ARREST, 2, AWARD, 3, 4, 7. CERTIFICATE OF ARBITRATOR, 1,3. In an action for calls, the particuars of demand claimed 150l. for calls upon 150 shares, and also 180%. for calls upon 180 shares. The defendant pleaded payment. The defendant holding other shares in the same company, the arbitrator required evidence that certain payments proved to have been made, were made in respect of the specific shares in dispute, which involved the production of evidence as to other shares; Held, that he had not exceeded his authority. The Eastern Counties Railway Company v. Robertson, 498 ARREST. See ATTORNEY, 6. PRIVILEGE. 1. Where judgment was obtained in an action in 1831, and the defendant went abroad, and remained there until 1842, and the plaintiff then sued out a sci. fa., to revive the judgment, and on that sci. fa. upon an affidavit of the presumed intention of the defendant to quit England, procured a writ of capias, by order of a Judge at Chambers, and the defendant was arrested under that writ, the Court ordered the defendant to be discharged out of custody; for if proceedings by sci. fa. are merely a continuance of the original action, and do not constitute a new suit, the power to arrest is taken away by the 1 & 2 Vict. c. 110, s. 5, and if they are to be viewed as the commencement of a fresh action, no capias can be granted, as the 1 & 2 Vict. c. 110, ss. 2 and 3, refer only to actions where the defendant was liable to arrest at the time of the passing of that act. Agassiz and Wife v. Pal 2. Where a cause is referred by deed of submission between the parties, containing a clause that the submission may be made a rule of Court, the attorneys of the parties and witnesses are privileged from arrest during the period of their attendance on the arbitrator. An attorney arrested while in attendance on an arbitration in his professional capacity, and entitled to his privilege, does not waive his right to be discharged by delaying to apply for such discharge for twenty-three days, where the situation of the other party has not been changed; but where an attorney had been arrested and was discharged out of custody, the Court refused, under such circumstances, to allow costs against the plaintiff. Webb, Public Officer, v. Taylor, 676 ARREST OF JUDGMENT. See VENIRE de Novo. ASSAULT AND BATTERY. See TRESPASS, 5. ASSESSMENT OF DAMAGES (GENERAL). See VENIRE de Novo. ASSIGNEE OF LEASE. See ABATEMENT, (PLEA IN), 1. ASSIGNEE, (OFFICIAL). See STAY OF PROCEEDINGS. ASSIGNEES (OF BANKRUPT). See COUNTS (SEVERAL). TROVER, 2. The assignees of a bankrupt cannot sue alone on a promissory note, given to the bankrupt's wife before marriage, and not payable to order. Sherrington 7. Yates and Others, Assignees, 1032 ASSIGNMENT. See TRESPASS, 3. ASSIGNMENT, (WHAT PASSES TO ASSIGNEES UNDER). See ASSIGNEES OF BANKRUPT. ATTESTATION. See WARRANT OF ATTORNEY, 4. ATTACHMENT. See PROCHEIN AMY, 1. 1. A debtor assigned his property by deed to trustees, for the benefit of his creditors, who, by the same deed released him from their claims. The debtor being afterwards sued by one of the creditors, and the deed being necessary for his defence, a rule was made absolute, requiring a purchaser of the property, to whom the trustees had delivered the deed to produce it. The purchaser having refused to do so: Held, that the Court had no power to award an attachment against him. Hodson v. Warden, 286 2. The Court will not make a rule nisi for an attachment, absolute, unless there be a personal service, or it appears that it has been seen in the possession of the party sought to be served; even although he be an attorney of the Court, and circumstances are sworn to, that leaves no doubt that he is keeping out of the way for the purpose of avoiding the service, and the applicant has no other remedy. Re Pyne, 703 3. A rule for an attachment against the sheriff, for the non-payment of money directed to be paid by an order made a rule of Court and of the costs of the rule, is only in the first instance a rule to shew cause. field v. Hatherfield, ATTORNEY. See ARREST, 2. ATTACHMENT, 2. DURESS. Hat 809 JUDGMENT, (SCI. FA. TO REVIVE). TRESPASS, 3, 4. TRESPASS FOR FALSE IMPRISON MENT. 1. Where, after judgment obtained in an action between one H. and J., a rule was obtained, calling upon the plaintiff and his attorney to shew cause why he or his attorney should not refund a sum of money paid in the cause to the attorney; and it appeared that the plaintiff had died since the commencement of the suit, the Court nevertheless held, that the attorney as an officer of the Court, was bound to answer the affidavits on which the rule had been obtained. A defendant having been taken in |