ejectment may be obtained. In each of these cases the special damages in the declaration must carefullyk specify the costs, their amount, and how and for what they were recovered. An averment "forced to pay them" merelym includes so much of the bill of costs of the attorney for the lessor of the plaintiff, as has been actually paid to or by him before the commencement of the action in trespass. The proper form is, "become and is liable to pay;" and under which the whole bill may be recovered as special damage by reason of such liability. Where special damage is so alleged in the deelaration, and it is essential to the maintenance of the action, it should, according to a late case, be traversed by a special plea :0 and upon a warranty as to a horse being made, and an action brought upon it; the costs of defending an action upon it by a second vendor, and after notice, is recoverable against the first vendor.

i Nowell v. Roake, 7 B. and C. 404; 1 M. and R. 170. k 1 Saund. 243 c; Buller's Nisi Prius, 7; Hartley v. Herring, 8 T. R. 130.

1 Hathaway v. Hanson, 1 Campb. 151.

m Pritchet v. Boevey, 1 C. and M. 775.

"Taylor v. Higgins, 3 East, 169; Dixon v. Bell, 5 M. and S. 198; 1 Stark. 287.

• Perring v. Harris, 2 M. and Rob. 5.

P Lewis v. Peat, 2 Marsh, 431; 7 Taunt. 153; S. C.

Wrightup v. Chamberlain, 7 Scott, 598.

CHAP. VI.

Quasi Superior Courts.

1. Petty Bag. 2. Common Pleas at Lancaster. 3. Durham Court of Pleas.

[1] The law side of the Court of Chancery, or as it is more usually termed, the Petty Bag Office, proceeds according to the course of the common law,a and includes the Petty Bag and the Hanaper Offices. Its principal jurisdiction is at the suit of, and against officers of that Court;b its proceedings are not governed by the Uniformity of Process Act, or the New Rules as to Pleading.d Before an issue in fact is joined, and in issues of law, or by the record, all orders made in the cause are by the Master of the Rolls, and he has the power to award costs; the taxation of them is effected by his principal_secretary, and the bill of costs is thus headed, "In the Petty Bag Office." As soon as an issue in fact is joined, the issue is transmitted to the Queen's Bench, and the trial, judgment, and taxation of costs thereon, take place in that Court. In such a case, the bill of costs, though made out in an entire form, is headed as above, with respect to the charges in the Petty Bag Office; and "In the Queen's Bench," as to those which took place in that Court. Upon an issue in law being determined in Chancery, or a trial by the record taking place there, error lies upon the judgment into the Court of Queen's Bench.d But on proceedings in partition, on a traverse, or upon a petition of right, error lies at once into the House of Lords. The proceedings against the sureties of a receiver upon their recognizance, enrolled

h

in the Enrolment Office,g must be by writ of scire facias thereon, brought in this Court,i and in the name of the Master of the Rolls, and of the Master in Chancery who is named therein;j proceedings must also be commenced in this Court, upon the bond of 40/. given to the sheriff, upon an attachment for want of an appearance, or answer, and also upon that given as a security for costs;1 so also upon the bond of an auctioneer with respect to the sale of timber,m or of old materials,n or by the purchaser of an estate. The action is "in debt," and in the names of the two senior Six Clerks, or of the sheriff, whichever is named therein as the obligee ;P and the same course is adopted, in reference to a bond taken by the sheriff, under a writ of ne exeat regno. In these cases, the bail have not any power of rendering the defendant to prison, in their own discharge. An application made by a defendant in order to stay proceedings brought upon such a security, must be directed to the equity r side of this Court; the terms imposed usually are, "the payment of the debt really due, of all the costs in the action, and of the application."s The writ of scire facius commands the sheriff of the county "to summon the sureties to appear in this Court on the day of to shew cause why execution should not be levied against them, for the sum of 7., the penalty of the obligation, and delivered to the Master of the Rolls and the Master in Chancery or other obligee. To this writ

i. e. in Middlesex.

h Smith's Practice, p. 635, for it becomes a record; Williams' Executors, pp. 662-3.

i Grant v. Stone, Vern. 313.

j Smith's Practice, pp. 634, 647.

1 Ibid. 558; Beddell v. Page, 2 Sim, 224.

m Smith's Practice, pp. 223-4.

Ibid. 126.

Ibid. 220; Fournier v. Duchess of Kent, MS. 19th July, 1827, V. C.

• Smith's Practice, pp. 227-8.

P Anon. 2 Atkins, 507.

a Stapylton v. Peill, 19 Ves. 615.

Walker v. Wild, 1 Madd. 528; Musgrave v. Mady, 1 Mer. 49; Ulten v. Ulten, Ibid. 31; Sidden v. Lediard, MS. case Smith's Practice, p. 648.

• Grant v. Stone, 1 Vern. 313.

t Sidden v. Lediard, suprà.

and also to the actions upon the bonds above mentioned, the defendants have a right to appear and plead." Upon a final judgment, and an award of execution against the sureties, they are liable to the costs thereon ; and if an issue in fact was joined, then also to the costs incurred in the Court of Queen's Bench.w The remedy for the sureties, against the principal for the recovery of an indemnity, is in this Court, and by either an action" of debt," or of "trespass on the case upon promises," or this Court will, upon the former indemnifying the obligees as to the costs, allow an action to be brought here in the names of the latter, and upon the recognizance and against the principal,y when this security has been absolutely satisfied, the Master of the Rolls will order the record of it to be vacated. The registrar draws up the order upon an office copy of the recognizance. The secretary of the Master of the Rolls marks the order with his initials, and on filing it at the Inrolment Office, the recognizance is vacated by an entry made there, in this form :-"Vacated pursuant to an order bearing date

[2.] The Court of Common Pleas at Lancaster a has jurisdiction over all civil actions. At the sittings. in the county palatine, the Chief Judge is styled "the Chief Justice," and the other is named as one of the Justices." The Judges of the Superior Courts of Law at Westminster, are also Justices. The Sittings are held during the assize time, and at Lancaster, for the northern division; and by adjournment at Liverpool for the southern division. The feese of the officers, and attorneys of the Court, are regulated according to tables published under its authority, and the rules, orders, and regulations of the three Superior Courts of Law at Westminster,f as to framing, regulating, and

u Sidden v. Lediard, supra.

w p. 47.

▾ 3 & 4 W. 4, c. 42, s. 34. x Sidden v. Lediard, suprà.

y Smith's Practice, pp. 558, 634.

z Ibid. pp. 558, 634, 652.

a 4 & 5 W. 4, c. 62, s. 1.

b s. 24; Terns v. Fitzhugh, 3 Dowl. 278,

Wareing's Practice, p. 17.

d Order in Council, 25th June, 1835.

e 4 & 5 W. 3, c. 62, s. 25; Wareing's Practice, p. 322. P. 46.

f

amending the proceedings, practice, and pleadings prevail here. The costs of preparing pleadings here, are the same as in those Courts ; and where, from the party not residing within the county palatine, its rule cannot be enforced, it may, upon a certificate thereof by the prothonotary, or his deputy, and an affidavit as to the above facts, be made a rule of any one of such Superior Courts. Upon issue being joined here, the facts may, under an order of one of its Judges, be stated in a special case, and for the opinion of one of such Superior Courts. The entering and transcribing of pleadings, judgments and other proceedings are the same as in such Courts; and so also the rules as to applications for the admission in evidence of written or printed documents, or copies of them, and as to the costs thereon and thereof.m Applications as to rules for a new trial, setting aside a nonsuit, or entering a verdict, may be made to any one of such Superior Courts.n Where after final judgment, the debtor removes his person or chattels out of the county palatine, any of such three Courts may, on a certificate from the prothonotary or his deputy, as to the amount obtained thereby, issue writs of execution for the amount of the judgment and the costs thereon, and of the certificate-and the same as if they had been recovered in the Court above.P The service of writs of subpoena issued out of this Court is made valid at any place in England or Wales; provided the reasonable and sufficient expencess of coming and attending to give evidence, and of returning therefrom, were tendered at the time of service; and upon default being made, and a certificate thereof being transmitted to the Court of Queen's Bench, that Court may proceed thereon, as if such writ issued therefrom.t

p. 45.

ns. 26; but not to enter up a verdict non obstante veredicto. Potter v. Moss, 1 C. M. and R. 848; 5 Tyr. 513; 3 Dowl. 432; or to set aside an award. Terns v. Fitzhugh, 3 Dowl.

278; 1 C. M. and R. 597.