3. The motion for bringing up a prisoner under the compulsory clauses of the Lords' Act, must be supported by an express affidavit that all the creditors have been served with notice.

Quære, whether the Lords' Act extends to the case of a prisoner who is in execution for debts under 300l., and also for debts above 300l.? Grove v. Parker, 626

4. Under the compulsory clauses of the Lords' Act, the twenty days' notice must expire before the first day of the term in which the defendant is to appear, or at any rate before taking out the rule for his appearance. Hayward v. Priest, 737

3. Where there are issues of fact, and also issues of law, occasioned by a demurrer, but the pleadings demurred to being afterwards amended by leave, upon payment of costs, all the issues were made issues of fact:Held, that the Master was right in not allowing so much of the briefs and paper books for arguing the demurrer as related to the issues of fact.

In an action on an attorney's bill, an order for better particulars was obtained on payment of costs:Held, that a charge for drawing the bill, as part of the costs, was properly disallowed by the Master. Jones v. Roberts, 374

4. In taxing an attorney's bill, if a full sixth is taken off, the attorney is always liable to pay the costs of taxation; if less than a sixth is taken

See COSTS, 6, 20-COSTS OF THE DAY, 2-INQUIRY (WRIT OF), 4— SCIRE FACIAS, 7-WRIT OF TRIAL, 4, 10, 11, 12, 14.

1. A rule for a new trial having been moved for by mistake in a wrong Court, and the mistake not having been discovered till after the first four days of the term had elapsed, the Court, under the circumstances, allowed the motion to stand good as of the latter Court. Piggott v. Kemp,

when it was called on the defendant's counsel said it was defended, whereupon it was not tried; but the plaintiff again took the record down and got the cause tried as undefended, without any new notice or setting it down in the paper, the Court granted a new trial, without payment of costs. Sprigge v. Rutherford, 429 4. Where a rule nisi for a new trial is granted on the terms of bringing the amount of the verdict into Court, money must be brought in before the rule nisi is drawn up. Clare v. Fiestel, 617

the

5. In an action for penalties for keeping an unlicensed house for music and dancing, &c., and the evidence for the plaintiff was clear and positive, and might, if it was false, have been answered by evidence on the other side, the jury requested to have the act of Parliament handed up them, with which they retired to consider their verdict, and found in favour of the defendant: the Court, under these circumstances, granted a rule for a new trial, considering that the jury must have put a misconstruction upon the act, and that it was equivalent, therefore, to a mis-direction, on which ground alone a new trial, in such an action, is usually granted. Gregory v. Tuffs, 711

NEWSPAPER PROPRIETOR.

See EXTENT, 1.

NISI PRIUS.

See FORM OF RECORD, 328-PriviLEGE FROM ARREST.

NOLLE PROSEQUI.

1. Where an action was brought against several defendants, and a verdict taken against all, though it had been agreed that no evidence should be given against one of them, the Court ordered a nolle prosequi to be entered as to him, though the assignee

NOTICE OF TRIAL. See INQUIRY (WRIT OF), 1-JUDGMENT AS IN CASE OF A NONSUIT, 1-NEW TRIAL, 3—SUpersedeas, 3.

1. A continuance of notice of trial must be given two days before the expiration of the original notice: and where the notice of trial was for Monday, and the notice of continuance was given on Saturday:-Held, bad, for Sunday was no day for that purpose. Wardle v. Ackland,

28

2. Where, in a country cause, a defendant undertakes to accept short notice of trial, he is entitled to four days' notice before the commission day, although, from the length of the pleadings, issue is not joined soon enough to admit of so many days. The plaintiff having obtained a verdict, with only three days' notice, the defendant being an executor, the Court granted a new trial without an affidavit of merits. Lawson v. Robinson, 69

3. Where a verdict was obtained in the absence of defendant, on account of no notice of trial being given, the Court set the verdict aside, though the defendant did not swear positively to a good defence on the merits. Williams v. Williams,

350

See DISTRINGAS, 7-LACHES, 3. If a defendant is discharged from an outlawry conditionally on his suffering eight months' imprisonment, the Court will not reverse the outlawry until the eight months' imprisonment have been suffered. Dixon v. Baker, 517

PALACE COURT.
See COSTS, 11.

PAPER BOOKS.

It is too late to deliver paper books on Saturday evening, for an argument on Monday morning. Darker v. Darker,

PARTICULARS.
See VARIANCE, 1.

88

PARTIES (DESCRIPTION OF). See REG. GEN. H. 4 W. 4, r. 21, 321

PARTNERS.

See STAY OF PROCEEDINGS, 6.

PAUPER. See FELONY-ORDER OF REMOVAL, I -SECURITY FOR COSTS, 5.

1. A rule requiring a pauper to pay the costs of the day, for not proceeding to trial, is nisi in the first instance. 468 Doe d. Lindsey v. Edwards,

2. If a pauper withdraws his record because he is not prepared with

a certain necessary document at the assizes, the Court will compel him to pay the costs of the day. Doe d. Lindsey v. Edwards, 471

PAYMENT.

See APPROPRIATION OF PAYMENT, 1, 2,

PAYMENT INTO COURT. See COSTS, 19-JUDGMENT AS IN CASE of a Nonsuit, 15—Reg. Gen. H. T. 4 W. 4, rr. 17, 18, 19, p. 320-1 -TENDER, 1.

1. Where a motion is to be made to take out money paid into Court by a defendant in lieu of bail, notice of the motion should be given to the solicitor of the Treasury.

Semble, that poundage cannot be claimed on money so paid in, where it is not sufficient to satisfy the amount of the plaintiff's verdict. Haines v. Nairn,

43

5. In an action of indebitatus assumpsit against several, on an alleged joint contract, if money is paid into Court generally, the defendants are estopped from proving that some of them were not parties to the contract. Ravenscroft v. Wise, 676

6. Where a whole count applies to a demand for unliquidated damages, money cannot be paid into Court on a part of it. Hodges v. Lord Litchfield, 741

7. Money may be paid into Court on one of several breaches of a covenant contained in a lease set forth in a declaration, if the plaintiff's particular specifies the sum he claims on that breach. Smith v. King, 750

8. The plaintiff has a right to the costs of applying to take money out of Court, which has been paid in lieu of bail. Freeman v. Paganini, 776

PEER.

See SECURITY FOR COSTS, 6, 9.

PENAL ACTION. Sce COMPOUNDING PENAL ACTION, 1.

PENDENCY OF SUIT. See EVIDENCE, 1.

PEREMPTORY UNDERTAK

ING.

See JUDGMENT AS IN CASE of a nonSUIT, 3, 13, 21.

1. In support of a rule to enlarge a peremptory undertaking, where the plaintiff has made only one default, in consequence of the absence of a material witness, the affidavit need not state the name of that witness. Montfort v. Bond, 403

2. Where a plaintiff has given a peremptory undertaking (but not by rule), the rule for judgment as in case of a nonsuit for not fulfilling that undertaking is nisi in the first instance. Vokins v. Snell,

411