TOME XXIV

the cupius on the ground of insufficiency of affidavit, and specially because the declaration—not containing any averment as to the criminal proceedings being determined, and the said proceedings being in fact still pending at the time that the capias was issued —is insufficient in law. Plaintiff replies that, as defendant was about to leave the country, he was forced to take his action before the determination of the charge laid by defendant, and now moves to amend his declaration. I think that the capias Was well issued, without the allegation as to determination of the criminol proceedings. It would be absurd to say that à man falsely accused and arrested, was bound to allow his accuser to leave the country, and to lose his chances of recovering any satisfaction, because the charge was still pending. Plaintif, feeling sure of his innocence, and seeing his accuser about to le: ave, rightly obtained an attachment against him, and the same is maintained, and defendant’s ” motion js rejected, with costs, and the criminal proceedings being now ended, the motion to amend plaintiff’s declaration, by adding to it allegation of the criminal proceedings having been determined, and plaintiff discharged from them, is allowed. (2 R. C., 477).