2. The word "residence" in the ADMISSION. See ESTOPPEL. ADULTERY. See VENUE, 2. If an order to admit a bill of ex- change is made, where the notice AFFIDAVIT. 184 1. An affidavit sworn in London, 2. The jurat of an affidavit pur- 3. On motion to make a rule ab- 4. Where a defendant was described an affidavit in support of an application to set aside the judgment for irregularity, entitled "Henry Symes v. Frederick Coulston Prosser," is insufficient. Symes v. Prosser, 491 AFFIDAVIT OF DEBT. An affidavit of debt, where the sum sworn to consists partly of interest, must shew either that the sum is due on a contract for payment of interest, or that a sum of 20%. is due, independent of the claim of interest. Neale v. Snoulten, 422 AFFILIATION (ORDER OF). See ORDER OF AFFILIATION. AGENT. See ADMISSION. AFFIDAVIT, 1. PLEA, 20. ALTERATION (IN NOTE). See REJOINDder. AMBIGUITY. AMENDMENT. ANNUITY. See DECLARATION, 6. APPEAL. See CERTIORARI, 3. QUARTER SESSIONS, 1, 2. APPEARANCE. See EJECTMENT, 2. 1. Where an appearance has been entered by the plaintiff for the defendant, without personal service of the writ of summons, and a declaration has been filed, the defendant The par Debt for goods sold and delivered, work done, and materials provided, and on an account stated. ticulars of demand consisted of items for "medicines and attendances." At the trial, the plaintiffs' assistant proved that they were surgeons, and that he had visited and dispensed medicines to the defendant, and that on one occasion he had bled the defendant: Held, that primâ facie the charges were charges in a medical case; and that the plaintiffs were therefore bound to prove that they were certificated as apothecaries, or that they had been in practice previous to the 1st of August, 1815. Proud and Others v. Mayall, 531 APPLICATION, (RENEWED). See ATTACHMENT, 2. ARBITRATION. See AWARD. DECLARATION, 4. SPECIAL JURY. VERDICT. 1. The usual clause in an order of 3. Where a cause was referred by Judge's order, and the arbitrator directed a verdict to be entered for the plaintiff, the order giving him no power so to do, the Court refused to set aside the award on motion. In such a case, the Court will not enforce the award by attachment, but will leave the party to his remedy by action. Cock v. Gent and Others, 271 4. Assumpsit. The declaration contained counts for goods sold and delivered, for money had and received, and for money due on an account stated. The defendant pleaded, 1. Except, &c., non assumpsit. 2. As to the sum excepted, tender. 3. Except, &c., set-off. 4. Except, &c., payment. On these pleas issue was joined. At the trial, a verdict was taken by consent for the plaintiff, subject to the certificate of an arbitrator, who made his certificate in the following terms: As to the issues firstly, thirdly, and lastly joined between the parties in the said cause, I do find and certify that the verdict so found as aforesaid ought to stand, and that the same shall and do stand upon and so far as the same relates to the said first, third, and last issues:" Held, on motion to set aside the above certificate, that the "issue firstly joined" meant the issue of non assumpsit to the whole declaration; and that it was not necessary to find separately on the issue of non assumpsit as to each count. Adam v. Rowe, 331 5. An action on an apprentice deed was referred to arbitration by order of nisi prius, together with two other actions, in one of which the infant apprentice sued by his next friend, the costs of the causes to abide the event, and the costs of the reference and award to be in the discretion of the arbitrator. The arbitrator awarded that the verdict in the above cause should be entered for the defendant, that the two other actions should be no further prosecuted, and that the infant should pay the costs of the reference and award. Held, that the award was not bad by reason of its directing an infant to pay costs. Proudfoot v. Poile, 524 6. Action on the case. The first count was for selling manure, falsely and fraudulently representing it to be guano; alleging as special damage not only the injury to plaintiff's own lands and crops, but that he had been obliged to pay to several parties named, to whom he had resold it, compensation for the injury caused to their lands and crops. There was a second count similar to the first, upon another sale of another parcel of the manure. Before plea pleaded, a Judge's order was obtained, referring "all matters in difference between the parties in the cause" to an arbitrator; the costs of the action to abide the event of the award, and the costs of the reference and award to be in the discretion of the arbitrator. It appeared that at the inquiry before the arbitrator a witness who had purchased or used some of the guano, was tendered on behalf of the plaintiff, to prove the special damage alleged in the declaration, but was objected to on the ground that he was not named in the declaration, and that his evidence was accordingly not received. The arbitrator, by his award, which was not expressed to be de præmissis, ordered the defendant to pay to the plaintiff a certain sum of money, and that the costs of the reference and award should be paid by the defendant: Held, that the award was bad, for not shewing whether the money was to be paid in respect of the action, or of any other matter in difference between the parties. Crosbie v. Holmes, 566 7. Where a cause was referred to a barrister to state a special case, and the case was stated after the death of the defendant, the Court refused to set it aside. James and Another v. Crane, 661 8. Where a verdict is taken at nisi prius by consent, subject to the certificate of an arbitrator, the certificate, when given, relates back to the time of the verdict; therefore where such certificate was given in Vacation, and several months after the return day of the distringas: Held, that the successful party might sign judgment immediately, and was not bound to wait until after the first four days of the ensuing Term. Cremer v. Chuck, 672 9. On a motion to set aside an award, the Court will not look at the notes of the arbitrator. Doe d. Haxby v. Preston, 768 10. Where a verdict is taken at nisi prius for a nominal sum, the cause only being referred to the award of an arbitrator, the motion to set aside the award should be made within the four days limited for a motion for a new trial. Riccard v. Kingdon, 773 ARGUMENTATIVENESS. See PLEA, 11. ARREST. See CAPIAS. TRESPASS, 1, 2. ARREST, (PROTECTION FROM). See BANKRUPt. ASSIGNEES. See REPLICATION, 4. ATTACHMENT. See ARBITRATION, 3. 1. Semble, that the Court will dispense with personal service of a rule for an attachment, in cases where there is no other remedy, and it is clear that the party keeps out of the way to avoid service. In re Whalley, 291 2. A rule nisi for an attachment for non-payment of costs having been refused, on account of defective service: Held, that the application might be renewed after a fresh demand and due service. Dixon v. Oliphant, 485 3. A demand of costs, pursuant to a Master's allocatur, indorsed on the consent rule, was held sufficient for an attachment; where the affidavit stated that the deponent had served the defendant with a copy of the original rule and allocatur, at the same time shewing him the original rule and allocatur, and had "then demanded of him the costs allowed by the Master upon the said rule;" although it did not appear that any sum was named. Doe d. Tew v. Billingham, ATTESTATION. See WARRANT OF ATTORNEY, 5. ATTORNEY. See DECLARATION, 5. TAXATION, 2. ATTORNEY GENERAL. See CROWN, 1. 769 ATTORNEY'S UNDERTAKING. ATTORNEY'S BILL. See ATTORNEY AND CLIENT. 1. Where an attorney encloses an unsigned bill of costs in a letter signed by him, and the bill of costs does not on the face of it shew who is the party chargeable therewith, the letter may be referred to supply that defect. Taylor v. Hodgson, 115 2. It is not necessary that an attorney's bill should be entitled in a cause or Court, if from the bill taken altogether it can be reasonably ascertained in what Court and cause the business has been transacted. Martin600 dale v. Falkner, ATTORNEY'S CLERK. When a party had given regular notices of his intention to apply to be admitted as an attorney on the first day of Hilary Term, and it appeared that on the second day of Michaelmas Term an offer of partnership from the London agents of the firm to which he was articled had been made, provided he could get admitted by the last day of that Term; the Court on motion, on the fourth day of Michaelmas Term, ordered that on his giving fresh notices referring to the former notices and the present rule, he should be examined, and if of ability, admitted the last day of that Term. Ex parte Cunliffe, 348 ATTORNEY'S UNDERTAKING. See TAXATION, 3. 1. Where an attorney arranged terms for the settlement of an action, and in pursuance thereof drew up a promissory note for the amount of the debt and costs, which the defendant signed; and also gave his own undertaking to guarantee the payment of the note with interest: Held, that this was an undertaking given in his character of attorney; although he was not the attorney in the action, and it was sworn by him that he was not acting as attorney for the defendant, and that he had not made any charge, or been paid anything for his services. In Re Thomas Fairthorne, 548 Gent., one, &c. 2. It is no objection to a rule calling on an attorney to pay a sum of money pursuant to his undertaking, that nearly three years have elapsed since it was given; repeated applications for payment having been made from time to time up to a recent period. Titterton v. Sheppard, 775 |