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 ACTION against MAGISTRATES and others.-See "MAGIS- AFFIDAVITS, of debt and service of process, before whom made 45, 49, 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 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 on a WRIT of DISTRINGAS, 70 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 I ATTORNIES, continued. of GREAT SESSIONS, may have admissions enrolled, 19 how admitted to practice generally, ib must enter names at the Exchequer Office, 20 must indorse all writs with names, residence, &c. freedom from arrest, ib may be admitted in Exchequer, first or only, 21 CERTIFICATES of, see “ CERTIFICATES" how to obtain re-admission, ib partners must both take out certificates, 24 of other courts, may practice in Exchequer by consent, ib 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 except at their own suit, ib but may defend, ib ought not to carry on business at two places, ib must be before nine o'clock at night, ib 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 if plaintiff's attorney die, ib new attorney must observe previous rules, orders, &c. ib though may be appointed by the court, 29 when struck off rolls of one court, may be struck off in but not in Court of Chancery without the 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 |