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If there has been delay

If there has been any very considerable unnecessary by Plaintiff. delay in moving for the attachment the court will also stay proceedings thereon, unless time has been given for the accommodation of the sheriff (d).

Proceedings may be set aside in

some cases

are regular.

The court will not only stay proceedings against the sheriff when they are irregular, but will exercise a discrewhere they tion in many cases when they have been strictly regular, and have been properly taken: that is to say, where a trial may be had upon the merits; but such interference will only be upon such terms as to the court may appear reasonable.

If application made by Defendant.

If made by Sheriff or bail.

Affidavits, how entitled.

If the application is made by the defendant, the court will only grant relief where the application is grounded upon an affidavit that the defendant has a good defence to the action upon the merits.

If it be made by the sheriff, or his officer, or by the bail, the application must be made upon an affidavit, stating that such application is really and bona fide made by the party (describing him) making it, and at his own expense (e), and for his indemnity alone, and without any collusion with the defendant.

The affidavit to be used on the motion to set aside proceedings against the sheriff should be entitled "The King against the Sheriff of, &c.," in a cause of “(naming the plaintiff and defendant)." Two days notice of motion should be given, otherwise there can be no stay of proceedings. The court, however, will never relieve a sheriff when he has committed a breach of duty (ƒ);

(d) Rex v. Perring, 3 B. & P. 157. Rex v. Sheriff of Surrey, 9 East, 467. Rex v. Sheriffs of London, 2 Chit. R. 58; and 1 D. & R. 163.

Bing. 427.; and 1 M. & P. 177.

(f) 7T. R. 239. 2 B. & A. 354; and see T. R. 109. Barnes, 23, 34, 6 Taunt. 554. 1 Bing. 156. 2 Id.

(e) Rex v. Sheriff of London, 4 227. 4 D. & R. 155.

and the same rule will apply whether the application be made by the sheriff or by the defendant (g).

by Sheriff

gular.

As the proceedings against the sheriff are required to Proceedings be regular, so must any proceedings by the sheriff be also must be reregular. When the sheriff omitted in his notice of putting in special bail to state their names, or that they had been perfected, it was held to be irregular, although it was not such an irregularity as to warrant the notice being treated as a nullity, or to found a motion for an attachment for not bringing in the body of the defendant suant to the rule for that purpose (h),

pur

must be

In these cases, however (as in all motions to set aside Applications proceedings for irregularity), the party complaining early. should move as early as possible, otherwise the court will not interfere; and if it is intended that the rule to show cause should operate as a stay of proceeding notice of motion must be given.

(g) 2 B. & A. 354.

(h) Pugh v. Emery, 4 D. & R. 30.

INDEX TO PRACTICE.

ACCOUNTANTS,

privilege of suing and being sued in the Exchequer
abolished, 15

ACTION

against MAGISTRATES and others.-See "MAGIS-
TRATES."

AFFIDAVITS,

of debt and service of process, before whom made 45, 49,
used in a cause not to be taken before Attorney or Clerk,

36

old (of debt) bad, 45

made in Ireland, ib

of service of writ of summons, 39

the like to ground distringas, ib

ALIAS WRITS, 53

AMBASSADORS and their servants freedom from arrest, 17
APPEARANCE

on a WRIT of SUMMONS, 68

for a Peer, M. P. &c. ib

within what time should be entered, ib

a præcipe must be filed, ib

Sec. Stat. ib.

on non-personal service, 69

if attorney undertakes, ib

for an M. P. sec. stat. 6 Geo. IV. c 16, ib
for baron and feme, ib

on a WRIT of DISTRINGAS, 70
on a WRIT of CAPIAS, ib

ARMY, OFFICERS of

proceedings against, see "MAGISTRATES"

ASSOCIATE and MARSHAL

duties of, 8

ATTORNIES

may be admitted in Exchequer, 18

and practice without a clerk in court, ib
how to obtain admission, ib

I

ATTORNIES, continued.

of GREAT SESSIONS, may have admissions enrolled, 19
and then practice in principality, ib

how admitted to practice generally, ib
but must actually have practised, ib

must enter names at the Exchequer Office, 20
service of notices, &c. upon, ib‍

must indorse all writs with names, residence, &c.
privilege of, 15

freedom from arrest, ib

may be admitted in Exchequer, first or only, 21
how to obtain admission, ib

CERTIFICATES of, see “ CERTIFICATES"
may be re-admitted, 23

how to obtain re-admission, ib

partners must both take out certificates, 24

of other courts, may practice in Exchequer by consent, ib
must declare if writs issued by their authority, 25

admitted must be on the record, ib

not to allow persons not admitted to practice, ib

if not admitted in Exchequer cannot practice there, 26
when prisoners, cannot commence action, ib

except at their own suit, ib

but may defend, ib

ought not to carry on business at two places, ib
when notices upon are to be received, 27

must be before nine o'clock at night, ib
attorney of one court sued by an attorney of another

court, ib

may bring his action in his own court, ib

cannot be changed without a Baron's order, 28

not without payment of bill of costs, ib

not necessary to be changed by order on writ of
error, ib

if plaintiff's attorney die, ib

new attorney must observe previous rules, orders, &c. ib
not bound to commence or defend actions, ib

though may be appointed by the court, 29
practising through an agent subject to summary juris-
diction, ib

when struck off rolls of one court, may be struck off in
another court, ib

but not in Court of Chancery without the
whole case being re-heard, ib

cannot become special bail, 75

except to render, 76

BAG BEARER, 2

duties of, 9

BAIL SPECIAL,

when must be put in, 71

notice of, 78

what it must contain, ib

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