Page 1048, n. (1), add—A court of law will stay proceedings in an action brought in disobedience of an order of the Court of Chancery, though no writ of injunction has actually issued: (Cobbett v. Ludlam, 11 Exch. 446.) Page 1080, to first paragraph, add-Where the declaration in an action for libel stated only the substance of the libel, the judge rightly amended it by inserting before that part the letter containing the libel, after the words "meaning thereby:" (Saunders v. Bate, 1 H. & N. 402.) Page 1080, n. (6), add-See, where an amendment was refused as not being necessary to determine the question in controversy: (Cawkwell v. Russell, 26 L. J. 34, Exch.) Page 1099, n. (1), add―This section does not give the court power to grant a rule absolute in the first instance to examine a witness in extremis with a view to a trial: (Thomas v. Stutterheim, 3 Nov. 1856, Q. B.) Page 1109, n. (4), add-See as to a party arriving to attend a judge's summons a few minutes too late: (Moyse v. Dingle, 23 L. J. 305, Q. B.) Page 1115, add to text--The court will not rescind a judge's order if right at the time, merely because of an event which has subsequently happened: (Borradaile v. Nelson, 14 C. B. 655.) Page 1119, n. (9), add-See Fisher v. Coffey, 1 Jur. N. S. 856. Page 1138, to first paragraph, add-Where one judge differs from the others on the subject, the court will not make absolute a rule for an attachment: (Swinfen v. Swinfen, 12 Jan. 1857, C. P.) Page 1140, n. (7), add-So is a certificate of protection under the Debtor and Creditors Arrangement Act, 7 & 8 Vict. c. 70, s. 6: (Re Slater, 28 L. T. 286, Q. B.) Page 1145, n. (3), add-To bring a case within this section it is enough that there is a matter in dispute between the parties which they have agreed to refer, though the action has been brought in respect of some claim arising out of the same contract which was not strictly disputed: (Russell v. Pellegrini, 21 Nov. 1856, Q. B.) Page 1149, n. (5), add—(Morgan v. Tarte, 11 Exch. 82.) Page 1176, n. (4), add-In general where a verdict is taken at Nisi Prius subject to a reference, the successful party may sign judgment though the time for moving to set aside the award has not elapsed: (O'Toole v. Potts, 14 Jan. 1857, Q. B.) Page 1191, to end of first paragraph, add-“A defendant intending to avail himself of the power given by sect. 39 of 19 & 20 Vict. c. 108, to object to an action being tried in the County Court, shall give notice personally, or by post, of such intention to the registrar and to the plaintiff, five clear days before the return day of the summons, 1306 ADDENDA ET CORRIGENDA. according to the form set forth in the schedule, and shall therein name the parties whom he proposes to be his sureties, or state therein his willingness to deposit money in lieu of giving surety; and if he shall fail to give such security or make such deposit before the return day, or shall fail to give such notice of his intention to object as aforesaid, he shall not be entitled to object to the action being tried in the County Court:" (Rule Pr. 60, Co. Cts. 1857.) Page 1201, n. (7)—This (Co. Cts.) rule is now numbered 139, but is in substance unchanged. Page 1201, n. (8)-This rule is now numbered 140. Page 1201, n. (9)—Now rule 141; for "clerk " read registrar. Page 1202, n. (3)-Strike out the first paragraph and substitute Security on appeal from County Courts.]—“In all cases where a party proposes to give a bond by way of security, he shall serve, by post or otherwise, on the opposite party, and the registrar at his office, notice of the proposed sureties in the form set forth in the sehedule; and the registrar shall forthwith give notice to both parties of the day and hour on which he proposes that the bond shall be executed, and shall state in the notice to the obligee that, should he have any valid objection to make to the sureties, or either of them, it must then be made: (Rule Pr. 134, Co. Cts. 1857.) The sureties shall make an affidavit of their sufficiency before the registrar in the form in the schedule, unless the opposite party shall dispense with such affidavit: (Rule Pr. 135: Ibid.) The bond shall be executed in the presence of the judge or registrar, or some other of the persons mentioned in sect. 58 of 19 & 20 Vict. c. 108; provided always, that if it be executed in the presence of the judge or registrar it shall not be necessary for it to be attested: (Rule Pr. 136; Ibid.) Where a party makes a deposit of money in lieu of giving a bond, he shall forthwith give notice to the opposite party, by post or otherwise, of such deposit having been made: (Rule Pr. 137; Ibid.) In all cases where the security is by bond the bond shall be deposited with the registrar until the cause be finally disposed of: (Rule Pr. 138; Ibid.) Page 1204, nn. (1), (2), (4)—Strike out and substitute the following rules slightly altered:-" All cases on appeal shall, unless the judge shall otherwise order, be presented to him for signature at the court holden next after the expiration of twelve clear days from the day on which judgment was pronounced, and shall then be signed by the judge and be sealed with the seal of the court; and when signed and sealed one copy thereof shall be deposited with the registrar and another sent, by post or otherwise, by the appellant to the successful party within three clear days next after the time of signing and sealing the same. And if the appellant do not comply with this rule the successful party may proceed on the judgment unless the judge shall otherwise order:" (Rule Pr. 145, Co. Cts. 1857.) Page 1204, n. (2)--Now rule 146. Page 1204, n. (4)--Now rule 147. Page 1205, n. (12)-Now rule 148, for "clerk" read registrar. Page 1206, n. (2)-Now rule 150. Page 1217, in tenth line from top, after "B. A.," insert "within six years or the degree of LL.B." Page 1248, add-See also an instance of an attorney's negligence in suing in a local court unable to do justice: (Cox v. Leach, 14 Jan. 1857, C. P.) Page 1250, add-Special circumstances must be shown under 6 & 7 Vict. c. 73, s. 37, to enable the court to order taxation of an attorney's bill of costs after a year from its delivery, even though an action has been brought on the bill: (Cowdell v. Neale, 26 L. J. 37, C. P.) Page 1261, n. (8),--The judgment debt may be attached notwithstanding the attorney's lien (Hough v. Edwards, 26 L. J. 54, Exch.) Page 1261, n. (13), add-It is against public policy for an attorney to purchase his client's interest in a verdict in an action which he conducted as such attorney: (Simpson v. Lamb, 13 Jan. 1857, Q. B.) Page 1263, n. (3), add-So the court refused to compel an attorney to pay over money recovered in an action brought in the name of C., who, however, during the action, repudiated liability for costs on the ground that a third party was liable: (Re Marshall, 13 Jan. 1857, Q. B.) Page 1267, n. 10, add-Re Collins, 18 C. B. 272. |