AN INDEX ΤΟ THE PRINCIPAL MATTERS CONTAINED IN THIS VOLUME. ABATEMENT. Whether a plea strictly to the juris- diction of the court, must be ABSTRACT OF TITLE. 33 ACKNOWLEDGMENT OF 1. An order to enable a married 2. woman to convey her property and accounted for the absence of a notarial certificate, was held not to be vitiated by its stating that the former affidavit was sworn by another commissioner, it having been in fact sworn by the deponent himself. Warburton and Others to Warburton and Another. Page 633 4. The acknowledgment of a deed by a married woman, under the 3 & 4 W. 4. c. 74., where the affidavit verifying such acknowledgment, varied in its title and com mencement from the form prescrib-1. ed by the rule of H. T., 4 W. 4., was allowed to pass; the affidavit being one upon which perjury could be assigned. In re Shaw. AGREEMENT. See BANKRUPT EVIDENCE. STATUTE OF FRAUDS. should pay Held, that B. was entitled un annuity by deed was necessary; 1. In covenant by the assignee of the and that abstaining from demanding or receiving the annuity was a sufficient relinquishment. Ibid. ALLOCATUR. See ATTORNEY. PRACTICE. AMENDMENT. See ACKNOWLEDGMENT OF DEED 1. Where the promise declared on was that the defendant should lay out a sum of money in the purchase of a government annuity, and the proof was, that it was entrusted to him to be invested in a government security, the variance was held to be made amendable by the judge at nisi prius under the 3 & 4 W. c. 42. s. 23. Gurford v. Bayley. 781 2. In ejectment the demise was laid reversion against the administratrix of the lessee, the declaration, in deducing the title to the plaintiff, set out a deed purporting to be attested by two credible witnesses, whereby one J. P. in pursuance of a power appointed the premises to the plaintiff. At the trial it appeared that one of the attesting witnesses was the wife of the appointee, whereupon a verdict was entered for the defendant upon a plea which traversed the appointment. Quare, whether the declaration might be amended, under the 3 & 4 W. 4. c. 42. s. 23, by stating the deed as operating either by way of grant or as a covenant to stand seised to uses. The court at first inclined not to allow the amendment, except on payment of all the costs of the trial. After discussion, it was agreed that the defendant should repair the premises under a rule of court, and that no costs should be paid by either party. Perry v. Watts, Administratrix, &c. Page775 ARBITRAMENT. 1. A judge's order was obtained to enable an arbitrator to enlarge the. time for making his award to the 2d of November, 1841, "or to such other or ulterior day, as the said arbitrator should ultimately appoint and signify in writing under his hand, to be indorsed on the said order of reference." The arbitrator having enlarged the time to the 2d of November 1841, made his award on the 11th of October. Held, that it was not necessary to indorse such enlargement on the order of reference. Davison v. Gauntlett and Another. 550 2. The cause and all matters in difference between the parties having been referred upon the usual terms, the arbitrators made their award in favour of the plaintiff, and directed that the costs of the reference and award, to be taxed, c. 110. s. 19. The plaintiff having having died on the 8th of Novemhis executor on the 12th of January, 1842, issued a sci. fa. to revive the judgment which was served on the 13th, and to which the defendant pleaded a false plea. On the 24th the defendant obtained a rule nisi to set aside the judg ment, on the ground that the costs of the reference were improperly included in the judgment. Held, that including such costs in the judgment amounted to a mere irregularity, which has been waived by the assent of the defendant's attorney at the taxation, and by the lapse of time. Bignall v. Gale. Page 858 3. Where, in a memorandum respecting a horse-race, an umpire is appointed, and it is stipulated that "the decision of the umpire is to be final," it is not competent to either party to dispute the umpire's decision. Evans v. Pratt. ARREST OF JUDGMENT. 759 should be paid by the defendant. See 262 n. (b); 411 n. (a); 766 n. (a). The costs of the suit and the costs of the reference and award were included in one bill, and were taxed at 9331., for which the master gave one allocatur. No objection was made by the defendants' attorney, who signed the bill so settled. On the 4th of June judgment was signed for the debt, and the whole costs included in the allocatur, and registered pursuant to the 1 and 2 Vict., ASSIGNEES. See BANKRUPt. ASSUMPSIT. See PLEADING. WRIT OF TRIAL. 1. The plaintiff agreed to enter as captain's cook on board of a brig of war, upon an undertaking by the defendant, the commander of the vessel, to pay him wages, (12. |