moved for. Tuesdays and Fridays are called paper days, for going Paper days through the paper of causes, wherein conciliums have where conbeen moved for, on the civil side; and Wednesday and ciliums are Saturday for transacting business on the crown side. But no cause can be set down on the first paper day, or on the four last days of business in term: yet upon the day Common dewhich would otherwise be the last paper day, common murrers without argument, demurrers may be set down (unless it be the last day of the term,) where no argument is required. Special causes must be argued in the order they are Must be arentered, unless the court shall, for reasonable cause, veri- gued as enterfied by affidavit, upon application made by either of the ed, unless, &c. parties, by counsel, at least two days preceding, otherwise order. Cutler v. Powell, 6 Term Rep. 320. Ordered, that all enlarged rules to shew cause made in Enlarged the last term, shall be moved for before the last day of rules. the present term, unless leave for postponing them shall be particularly applied for and granted. M. T. 30 Geo. 2. 1 Burr. 9. And all causes shall come on to be argued And to be in the same order that they are entered, and that they argued in the shall continue to stand in the paper in the same order order they till they shall be argued, (without being entered a-new,) are entered. and that no cause shall be put off without a special application to the court upon some special ground, before the day upon which it stands in the paper for argument. Ibid. 52. fixed for per Ordered, that every rule, which shall be enlarged to Rules enthe next subsequent term, shall be fixed to a particular larged to be peremptory day; namely, the first five enlarged rules emptory either on the criminal or civil side of the court, (as they days, and lists may happen) for the first day of the next term; the to be made second five, for the second day of it; the third five, for the thereof. third day; and so on, toties quoties, to the sixth, seventh, eighth, ninth, tenth, and following days of such subsequent term; and that after every term, there be a list made out and fixed up in the offices, both on the crown and civil side of the rules so enlarged, and the particular days when the respective motions are to come on; and that a copy of such lists be delivered to the judges respectively, the day before the beginning of every term. 6 Geo. 3. Hil. It is ordered, that all rules enlarged till the next term Eight for each be peremptory; and that eight be set down for every day; peremptory and the like for every future term. R. M. 17 Geo. 3. day. Special cases when to be set down. No rules en emptory All special cases shall be entered within the four first days of the term next after the trial; and none shall be set down on any of the four last days of the term. 38 Geo. 3. 7 Term Rep. 454. R. M. Ordered, that no rules entered in the peremptory paper tered in per- be enlarged during the term, or put off by the appointpaper shall be ed day, by consent of counsel, or the attornies conenlarged cerned therein, without previous application to, and spewithout leave. cial leave of the court. R. E. 41 Geo. 3. 1 East. 496. Special verdicts. Special cases. Arrest of judgment. New trials. New trial and arrest of judg ment. Special verdicts to be set down within the first four days of the term, otherwise to be mentioned to the court on the motion for the concilium. 1 Burr. in pref. 6. Special cases the first four days of the next term after trial, and not in any of the four last days. R. M. 38 Geo. 3. Motions in arrest of judgment may be made within the first four days of the term, but Sunday is not to be esteemed one of the four. 4 Burr. 2130. Mich. Term, 7 Geo. 3. A motion may be made in arrest of judgment, after a rule for a new trial has been discharged, and at any time before the judgment is signed. Dougl. Rep. 745. Taylor v. Whitehead. Motions for new trials, ought to be made within the first four days, but in case of delay occasioned by no wil ful act of the party, it may be moved for on the fifth day, viz. where counsel had neglected to move. Dougl. Rep. 171. Bert v. Barlow. And where the attorney was taken ill, and died on the road to London. Doe ex dem. Davie and others v. Haddon and others, E. T. 1784. Motion for a new trial, and a motion in arrest of judg ment, may not be made both together, the former must precede. 1 Burr. 334. Rex v. White. Motion in ar- Motion in arrest of judgment may be made on the crown rest of judg- side, at any time before sentence pronounced. 2 Burr. made on the 801. Rex v. Robinson. ment may be crown side. After conviction of a misdemeanor, the defendant must After convic- be present in court, if he would move in arrest of judg ment; though he need not be so, upon arguing a special verdict. 2 Burr. 930. Rex v. Spragg. tion. When person Personal appearance of a defendant convicted of a misal appearance demeanor ought not to be dispensed with (upon his clerk pensed with. in court undertaking for the fine), unless it be clear, that "the punishment will not be corporal, only pecuniary, and may be dis "not in every case even of that kind." 3 Burr. 1787, Rex v. Hann. in the first in Ordered, that attachments be absolute in the first in- Attachment stance: " First, for nonpayment of costs on the master's when absolute allocatur; secondly, against a sheriff for not obeying a peremptory rule to return a writ, or bring in the body; thirdly, for contempt of the court in the execution of the process of the court." R. Tr. 17 Geo. 3. On the last day of a term an attachment cannot be moved for, except first for nonpayment of costs. 5 Burr. 2686. 2dly, Against a sheriff for not returning a writ. 1 Burr. 657. Trin. 31 Geo. 2. And, 3dly, For not bringing in the body. stance. When may be moved for day of term. on the last And counsel may move on the last day of term, to Indictment. quash an indictment, but not to quash an order. Ibid. After convic tion, defen A defendaut being brought up for judgment after conviction, stands committed, pending the consideration of dant is to be the judgment, unless the prosecutor consent to his stand- committed, ing out on bail. Rex v. Waddington, 1 East Rep. 159.The court has no discretion to exercise. unless prose cutor consent to his being on On the last day of term, a motion to answer the mat- bail. ters of an affidavit cannot be made. 4 Burr. 2502. Jacob's Answer. case. gument If pending an argument on a special verdict, and the If pending court takes time to consider thereon, either party dies, either party the judgment will be ordered to be entered as of the term dies. in which judgment ought to have been signed. 1 Burr. 226, 147. 4 Burr, 2277. A prisoner who is supersedeable for want of filing a When irregubill against him in time, waives the irregularity by plead- larity waived. ing. Pearson v. Rawling, 1 East Rep. 77. Ordered, in all cases where a rule is obtained to set Rule to set aside proceedings for irregularity, with costs; and such aside proceedrule is discharged generally, without any special direc-ings for irregularity with tion upon the matter of costs, it is understood to be dis- costs. charged with costs, and the latter rule must be drawn up accordingly. R. M. 37 Geo. 3. No rules, orders, or notices, in any cause shall be Notices, &c. served, or any proceedings or pleadings delivered or served to be deliverlater than ten at night; and service after that hour shall ed, not later be void. R. M. 41 Geo. 3. 1 East. 132. than 10. Ordered, that a committitur on every judgment against Filing of com. a prisoner, shall be filed with the clerk of the docquets, against H prisoners. If court di on or before the last day of the term in which such pri soner is to be charged in execution; and to be entered on record within four days after the end of such term. R. E. 41 Geo. 3. 1 East. 410. If the court are equally divided, no judgment can be vided equally. given. 7 Term Rep. 582. Cowley v. Dunlop. Ifnoday specified in an act of parliament. At common to arrest. Where no specific day is mentioned in an act of parliament from which it is to take effect, it commences by legal relation from the first day of the session. Latless v. Holmes, 4 Term Rep. 660. 6 Bro. P. C. 553. ARREST. (a) AT common law the defendant was not liable to be arlaw not liable rested for civil injuries, unaccompanied by force. 3 Co. 12. This immunity of the defendant's person, in case of peaceable, though fraudulent injuries, producing great contempt of the law, in indigent wrong doers, a capias was allowed to arrest the person in actions of account, though no breach of the peace were suggested, by the statute of Marlb. 52 H. 3. c. 23. and Westm. 2. (13 Ed. 1. c. 11.) in actions of debt and detinue, by stat. 25 Ed. 3. c. 17. and in all actions on the case, by stat. 19 H. 7. c. 9. 3 Black. Com. 281. Arrest. How near of on arrest. An arrest in a civil cause is defined to be, the apprehending or restraining one's person by process in execution of the command of some court, or officer of justice, Wood's Inst. 575. And must be by corporal seizing or touching the body of defendant. 1 Vent. 306. Cowp. Rep. 165. In making the arrest, it is not necessary that the offificer need be, cer who has the authority should be the hand that arrests, nor in the presence of the person arrested, nor actually in sight: it will be sufficient if he be near, and acting in the arrest. Cowp. Rep. 65. Blatch v. Archer. The arrest cannot be made on a Sunday, ex cept an escape or by bail. No arrest can be made, or process served, on a Sunday, except for treason, felony, or breach of the peace. 29 Car. 2. c. 7. sect. 6. 1 Salk. 78. But the service of every such writ, &c. shall be void, and the person executing same shall be liable to answer damages to the party grieved, as if he had done same without any writ. 3 East. 155. (a) For this head, see my Office of Sheriff and Coroner, 3d ed. p. 52. After a negligent escape the defendant may be retaken on a Sunday, and that either by the officer, or upon a fresh pursuit, or by virtue of an escape warrant. 2 Ld. Ray. 1028. 2 Salk. 626. Also bail may take their prin-, cipal upon a Sunday, in order to surrender him. 1 Atk. 239. 6 Mod. 231. 66 By stat. 12 Geo. 1. c. 29. made perpetual by 21 Geo. 2. None to be e. 3. it is enacted, "That no person shall be held to spe- bail in supeheld to special "cial bail on any process issuing out of any superior rior court court, where the cause of action shall not amount to under 101. “101. or upwards: and in all cases where the cause of "action shall not amount to 101. or upwards, in any su"perior court (and the plaintiff shall proceed by the way "of process against the person), he shall not arrest the "body of the defendant, but shall serve him, &c. perso"nally with a copy of the process. "That in all cases where the plaintiff's cause of action Where the "shall amount to more than 101. affidavit shall be made cause of ac to 101. affida back of the writ. "and filed of such cause of action (which affidavit may tion amounts "be made before any judge or commissioner of the court vit to be made "out of which such process shall issue, authorized thereof, and "to take affidavits in such courts, or else before the the sum en"officer who shall issue such process, or his deputy,) dorsed on the "which oath such officer, or his deputy, are hereby em"powered to administer; and for such affidavit one "shilling, above the stamp duties, shall be paid, and no "more; and the sum specified in such affidavit shall be "endorsed on the back of such writ or process; for " which sum the sheriff, or other officer to whom such "writ or process shall be directed shall take bail, and "for no more. But if any writ or process shall issue for Where there “101. or upwards, and no affidavit or indorsement shall is no affidavit. "be made as aforesaid, the plaintiff shall not proceed to "arrest the body, but shall proceed in like manner as is "by this act directed in cases where the cause of action "does not amount to ten pounds, or forty shillings, or upwards, as aforesaid." Ibid. sect. 2. 66 And by 19 Geo. 3. c. 70, the provisions of the 12 Geo. 1. c. 29. are extended to inferior courts. Before the making of these acts, a defendant might have been arrested for any sum of money, however trifling or inconsiderable, upon a mere suggestion, without any affidavit of its being due, The defendant having been arrested by the sheriff at An arrest on the suit of another plaintiff, on Saturday. Nov. 3. was Saturday at |