1. If an affidavit to hold to bail state the circumstances under which a debt accrued, and conclude "by reason whereof the defendant stands indebted in £ which he hath refused and still refuseth to pay," it is bad. Fowler v. Morton, M. 40 Geo. 3. Page 48 2. If such an affidavit negative a tender "in notes of the Bank of England payable on demand," it is a sufficient compliance with the 37 Geo. 3. c. 45, s. 9. though the words of that act are "expressed to be payable on demand,"

id.

ib. 3. If a Plaintiff executor hold a Defendant to bail upon an affidavit stating the debt to be due, "as appears by the testator's books" but omitting to add, "and which the deponent believes to be true," the court of C. B. will allow the Plaintiff to swear to his belief in a Garnham exesupplemental affidavit.

cutrix v. Hammond, M. 41 Geo. 3. 298. 4. If an affidavit to hold to bail made by

the plaintiff's clerk expressly negative a tender in bank-notes, it is bad. Smith v. Tyson, M. 41 Geo. 3. 339 Hammersley v. Mitchell, E. 41 Geo. 3. S. P. 389 5. In an affidavit to hold to bail the Plaintiff deposed that, at the time of the assignment thereinafter mentioned the Defendant was indebted to him on a bill

a bill of exchange, and that he after-
wards assigned the debt by indenture
to A. B. C. and D. in trust: A. then
deposed, that, at the time of the affi-
davit being made, the Defendant was
indebted to them A. B. C. and D. as
such assignees and trustees as afore-
said. Held, that the affidavit was in-
sufficient, because it did not deny that
the debt had been satisfied to the
Plaintiff between the assignment and
the time of the affidavit being made.
Mann v. Sheriff, H. 41 Geo. 3.

Page 355
6. But a supplemental affidavit was al-
lowed., id.
ib.
7. A person employed in London as
agent to one residing at a distance in
the country, with a power of attorney
to collect his debts, may make an af-
fidavit of debt, positively denying any
Chatterly v.

390

ib.

tender in bank-notes.
Finck, E. 41 Geo. 3.
8. An affidavit of debt, made by one of
three partners, denying any tender in
bank notes to himself or to either of
his partners to the best of his know-
ledge and belief is sufficient. Stacey
v. Federici, E. 41 Geo. 3.
9. An affidavit to hold to bail in which a
tender in bank-notes is negatived by
the Plaintiff's clerk alone, then resi-
dent in London, is insufficient, if the
Plaintiff be also resident in London,
though the debt arose upon a bill
transaction of which the clerk had the
sole management. Bolt v. Miller, E.
41 Geo. 3.
420
10. If an affidavit to hold to bail be made
by a person prima facie incompetent
to make it, qu. Whether circumstances
proving him to be competent can be
shewn by affidavit for cause against a
rule for discharging the Defendant on
a common appearance ?
ib.
11. The Court will not set aside proceed-
ings, and order the bail-bond to be de-
livered up, because a Defendant has
been arrested on a special capias in
which, as well as in the affidavit to
hold to bail, the initials only of his
Christian name were inserted. Howell
v. Coleman, T. 41 Geo. 3.
466
12. Affidavit to hold to bail made by A.

in respect of a debt due to B. before
his discharge, under an insolvent act,
whereby B.'s estate becomes vested in
the clerk of the peace, and negativing
a tender in bank-notes to the know-
ledge or belief of A. held sufficient, the
Court allowing A. and B., by a subse
quent affidavit, to shew that A. usually
transacted B.'s business when out of
town, and that at the time when the
affidavit to hold to bail was made, B.
was out of town, and that an imme-
diate arrest was necessary, as the De-
fendant was about to sail on a voyage.
Lawson v. M'Donald, M. 42 Geo. 3.

AGENT,

Page 590

See AFFIDAVIT TO HOLD TO BAIL
1. A. entrusted B. with goods to sell in
India, agreeing to take back from B.
what he should not be able to sell, and
allowing him what he should obtain
beyond a certain price, with liberty to
sell them for what he could get if he
could not obtain that price. B. not
being able to sell the goods in India
himself left them with an agent to be
disposed of by him, directing the agent
to remit the money to him (B.) in
England. Held that A. could not
maintain trover against B. for the
goods. Bromley v. Corwell, E

41 Geo. 3.

438

2. And it seems that he could not main-
tain any action. id.

AGREEMENT,

See ASSUMPSIT, 2.
PENALTY, 1.
STAMPS, 1, 2, 3, 4.
TROVER, 2.

ib.

1. A. being tenant to B. under a lease
containing covenants, by which the
former was bound to fetch 75 bushels
of coals from Pool yearly, and deliver
them at the mansion-house of the
latter, and also to supply him with as
much good wheat as he should want in
his family at 5 shillings per bushel, it
was agreed between them that the

lease

Held that the memorandum was suffi-
cient. Cator v. Hoste, M. 42 Geo. 3.

Page 557
2. If in the deed securing an annuity, it
be declared that the judgment, to be
obtained under a warrant of attorney
given at the same time, shall be only a
collateral security for the regular pay-
ment of the annuity, and that no exe-
cution shall issue thereon till default
made in the payment for 14 days, and
the memorial does not notice the
above declaration, and in setting forth
the warrant of attorney, only states
generally that "such warrant of at-
torney was executed for the better se-
curing the payment of the annuity, as
in the above stated deed is particularly
mentioned," the Court will set aside
the annuity for such defect in the me-
morial. Cunningham v. Mackenzie, M.
· 42 Geo. 3.

ARBITRATION.

598

1. If A. and B. in consideration of a
sum of money paid by one to the
other, enter into partnership, and co-
venant, in case of a dissolution of the
partnership, to submit all matters re-
lating thereto to arbitration; the ar-
bitrators are not thereby authorized
to determine whether any part of the
sum of money which was the consider-
·ation of the partnership shall be re-
funded. Tattersall v. Groote, E.
40 Geo. 3.
131
2. It seems that no action can be main-
tained for refusing to nominate an ar-
bitrator in pursuance of a covenant to
refer matters to arbitration, id. ib.
3. If a debt, arising out of an illegal
transaction, due from one of two part-
ners to the other, be referred, toge-
ther with other causes of dispute, to
an arbitrator, who awards a sum due
from one partner to the other, ex-
pressly on account of such debt, the
Court will set aside that part of the
award. Aubert v. Moze, H. 41 Geo. 3.

371

4. If a bond of submission to arbitration
between the trustee of a wife and her
husband recite, that a suit for separa

tion has been instituted between the
husband and wife in the Commons,
and that, in order to put an end to
any contest about the terms of separa-
tion, it had been agreed that all mat-
ters should be referred to I. S., and
either of the parties should be "at
liberty to apply to the Court to make
the award a rule of Court;" such sub-
mission may be made a rule of the
Court of Common Pleas under St. 9
& 10 Will. 3. Soilleux v. Herbst, E.
41 Geo. 3.
Page 444

ARREST,

See AFFIDAVIT TO HOLD TO BAIL, 11.
PRACTICE, 27.
PROCESS, 2.

ASSAULT,

See DAMAGES, 1.

ASSIGNMENT,

See DEED, 1.

ASSUMPSIT,

See MONEY HAD AND RECEIVED.
PLEADING, 7, 8.

1. A. declared against B. and his wife as
administratrix of C. deceased; " for
that whereas C. died intestate, pos-
sessed of South Sea stock, which she
held in trust for A. and upon which
certain dividends were due; in con-
sideration that A. at his own expence
would procure administration to be
granted to the wife of B. as next of
kin to C., and would furnish evidence
to enable B. and his wife to receive
the dividends; B., and his wife as such
administratrix promised to pay over to
A. the amount of the dividends when
received:" Held that the considera- ·
tion stated was insufficient to support
the promise. Parker v. Baylis et Ur
H. 40 Geo. 3.

73

An agreement between parties to a
suit in chancery, binding themselves,
their executors, and administrators,
made an order of that Court and acted

upon