19. Bail are only liable by 1 Reg. Gen. H. T. 2 Will. 4, s. 21, to the extent of the single amount of one recognizance, or to the debt sworn to and costs of suit, if their amount be less. Vansandau v. Nash, 767 20. If a security for debt and costs is taken by a plaintiff from the defendant with the consent of the bail, and that security fails, reasonable notice must be given to them of that failure. Surman v. Bruce, 777

21. 5 Reg. Gen. T. T. 1 Will. 4, as to changing bail, applies to bail put in by the sheriff as well as that put in by a party. Rex v. The Sheriff of Essex,

BAIL-BOND.

782

See ATTACHMENT, 13-INDORSEMENT (ON PROCESS), 2-SHERIFF, 2-VARIANCE, 5.

1. Where several actions are brought on the same bail-bond, it is too late, after verdict, to move to stay proceedings on payment of the costs of one action only. Johnson v. Macdonald, 44

2. If a defendant does not put in special bail within eight days after the execution of the capias, inclusive of the day of execution, the plaintiff may proceed on the bail-bond immediately, Hillary v. Rowles, 201

3. The Court of Exchequer will stay proceedings on the bail-bond, (when bail above is put in and perfected), on payment of costs, if it appear that a trial has not been lost, without an affidavit of merits, and without complying with the rule of M. 59 Geo. 3, K. B., which is not adopted in the Exchequer. Rourke v. Bourne, 250

4. Where the principal and bail both became bankrupts, the Court ordered them to be relieved on motion, without pleading, though the bail-bond had been ordered to stand as a security. In such case the bail must swear they have obtained their certificates. Streeter v. Scott, 362

5. A bail-bond conditioned to appear in eight days after the date, (the arrest having been on the same day): Held sufficient. Evans q. t. v, Moseley,

364

6. Although a bail-bond is given, a render may be accepted at any time within eight days from the time of the arrest. Turner v. Brown, 547

7. To an action of debt on a bailbond, a plea that there was no affidavit of debt filed in the action against the principal, was held bad on special demurrer.

A plea must still conclude with a verification or to the country, notwithstanding the rules of H. T. 4 Will. 4. Snow v. Stevens,

BANKRUPT.

664

See BAIL-BOND, 4-LANDLORD AND TENANT, 2-RENDER, 1.

1. Where a defendant gives a cognovit for debt and costs as between attorney and client, and before judgment signed he becomes bankrupt, his

613 3. In the case of a London as well as a country commission, the Court, on behalf of bail, will, to prevent inconvenience, allow the time for the render to be enlarged. Ruston v. Greene,

617

4. Interlocutory costs payable under an order of Nisi Prius by a defendant, previous to his bankruptcy, are proveable under the fiat, and therefore the certificate is a discharge from them, although an attachment has been obtained before the certificate is allowed.

Before the Court will discharge the bankrupt the certificate must be inrolled. Jacobs v. Phillips, 716

5. The 59th section of the 6th Geo. 4, c. 16, which operates a stay of proceedings in an action commenced against the bankrupt before the issuing of the commission, where the plaintiff elects to prove the debt, does not apply to the case of a fiat sued out by the plaintiff himself. Eicke v. Nokes,

BARRISTER.

820

See AWARD, 4, 7-COURT OF REQUESTS, 3-PRIVILEGE FROM ARREST, 1.

1. No affidavit is required from counsel as to what passes between them. Igulden v. Terson, 277

See BAIL-BOND, 2- CONCURrent WRITS, 2-SHERIFF, 7-WARRANT, 1.

1. A variance in the name of a defendant in a writ, where it is idem sonans with the real name, is not material.

The description of a defendant in the capias, as of Kent Street, in the county of Surrey, without the number of the house, or parish, where situate: -Held sufficient.

The indorsement on the writ need not be dated; and "bail for 401. and upwards," though uncertain, is sufficient, since the late rule of 1 Reg. Gen. H. T. 2 W. 4, s. 10. Webb v. Lawrence,

81

2. "Gray's Inn Square, London," held a good description in a writ of the residence of the plaintiff, an attorney, within the Uniformity of Process Act, though it was sworn that Gray's Inn was not in London. King v. Monkhouse, 221

3. If the place of residence of the defendant is not inserted in the writ of capias, it may be set aside at the instance of the defendant, though his residence is stated in the copy of the writ. Rice v. Huxley, 230

4. In bailable process, it is not necessary to give a particular description of the defendant's place of residence.

Welsh v.

A place at which he may be expected to be found is sufficient. Langford,

498

5. In a writ of capias it is not necessary that the plaintiff should describe the exact residence of the defendant, but he may give the best description he can of the place where he is to be found.

A variance between the description of the defendant's residence in the affidavit of debt and the capias is immaterial. Buffle v. Jackson, 505

6. If the copy of the capias served on the defendant at the time of executing the writ is directed" to the sheriff of Middesex," instead of " Middlesex," the Court will discharge the defendant on filing a common appearance. Hodgkinson v. Hodgkinson, 535

7. A lapse of six days held not too great to preclude a motion for setting aside the copy of a writ for irregularity.

The omission of the word "London," in the indorsement on the copy of the capias, held sufficient cause for setting aside the copy. Smith v. Pennell,

654

shew that it is one in which an arrest is allowed, in accordance with the form contained in the schedule annexed to 2 Will. 4, c. 39, s. 4. Richards v. Stuart, 752

12. The copy of a capias directed to the "sheriff" instead of the "sheriffs" of London is defective. Nicol v. Boyne, 761

13. The omission in the præcipe of the sum for which the defendant is to be held to bail is no ground for setting aside a capias. Usborne v. Pennell,

801

CAUSE SHEWN (IN FIRST IN-
STANCE).
See COSTS, 22.

CERTIFICATE.

See BANKRUPt, 1, 2, 4.

CERTIORARI.

See INFERIOR JURISDICTION, 2—ProSECUTOR, 1.

CHANCERY. See COSTS, 23.

CHANGING ATTORNEY. See ATTORNEY, 5, 17.

CHARGEABILITY.

See ORDER OF REMOVAL, 1.

COGNOVIT. See BANKRUPT, 1-DURESS, 1-INSOLVENT, 1-TAXATION, 4.

1. The rule of H. T. 2 W. 4, s. 72, respecting cognovits given by prisoners, must be strictly complied with: and it must expressly appear that the attorney who attended on behalf of the defendant did so at his request, and was named by him, otherwise the Court will set it aside.

Semble, that that part of the rule requiring the attorney to declare himself to be attorney for the defendant,

803

Semble, also, that a substantial compliance with the rule is not sufficient, if the express terms of the rule are not fulfilled. Fisher v. Nicholas, 251

2. It is not necessary to declare previous to signing judgment on a cognovit. A cognovit does not require a stamp, although the plaintiff at the time of its execution undertakes on a separate paper to give the defendant time. Morley v. Hall,

COMMENCEMENT OF

ACTION.

494

CONDITIONAL DISCHARGE.

See OUTLAWRY, 1.

THE

See ABSENCE OF WITNESS, 1-ADMINISTRATION, 1- ARBITRATION, 4, 7-ARREST, (WITHOUT PROBABLE CAUSE), 1-ATTORNEY, 2, 32ATTORNEY AND AGENT, 2-ATTACHMENT, 4, 5, 8, 9, 14-ATTORNEY AND CLIENT, 1-AWARD, 8-BAIL, 16 BANKRUPT, 4CONCILIUM, 1 COSTS IN CAUSE, 1, 2-COUNTY COURT ACT, 1, 2, 3-COURT OF REQUESTS, 1, 2-DIRECTIONS ΤΟ TAXING OFFICERS, 485-ERROR, 3-EXECUTORS, 3, 4-EXECUTION, 7— FOREIGN WITNESS, 1-HUSBAND AND WIFE, 1-INTERPLEADER, 3-JUDGE AT CHAMBERS, 1JUDGE'S ORDER, 2-LACHES, 28LIEN, 1, 2, 3—MASTER'S DISCRETION, 1, 2, 3, 4, 5-MISNOMer, 1 -PROSECUTOR, 1-REGULA GENERALIS, p. 138-7 REG. GEN. H. T. 4 W. 4, p. 318-RULE, 1—

SCIRE FACIAS, 5-SEPARATE DɛFENCES, 1-STAYING PROCEedings, 6-TAXATION, 1, 6, 8-VENUE, 2, 4-WAIVER, 3, 4.

1. The mere fact of a defendant being arrested for more than is recovered, is not sufficient to disentitle the plaintiff to costs, under the 43 Geo. 3, c. 46, s. 3, but there must also appear to be a want of reasonable and probable cause. Roper v. Shevely,

14

2. Where the plaintiff recovers a less sum than that for which he arrests the defendant, and a motion is made to give the defendant his costs under the 43 Geo. 3, c. 46, the Court will take into their consideration the way in which the debt was contracted: and, therefore, where the debt sued for was for beer supplied to a person who was habitually drunk, and the Court thought the plaintiff was not entitled to recover it:-Held, that this was a case of want of probable cause within the meaning of the act, though the beer was proved to have been delivered. Erle v. Wynne,

23

3. The proper charges in respect of an abstract of title are, 6s. 8d. per folio for drawing, and 3s. 4d. for copying. Broadhurst v. Darlington,

38

4. Where a rule prays for several things, to some of which the party is entitled and to others not, but cause is shewn against all, no costs are given on either side; though, if cause had been shewn against the bad part only, the party shewing cause would have had costs. Aliven v. Furnival,

49

5. The defendant is entitled to have a suggestion entered to deprive the plaintiff of costs, where he does not recover 5l., though his demand was in reality more than that amount, but he failed to prove it through the absence of witnesses. Moore v. Jones,

58

6. Where there have been two