The remedies, authorities, and provisions of the recent act, and as regards the judgments and proceedings thereon, apply to this Court; and every judgment debt existing here, bears interest at the rate of 4 per cent.w In order to affect lands, tenements, or hereditaments as to purchasers, mortgagees, or creditors, a memorandum or minutex containing the name, the usual or last known place of abode; the title, trade, or profession of the plaintiff and defendant; the date of signing judgment; and the amount of the debt, damages, and costs recovered, must be left with the deputy prothonotary, and at his office; it is then his duty to enter the same particulars in a book in alphabetical order, and by the name of the person whose estate is intended to be affected thereby. Final judgments, and rules and orders made in the Court of Passage at Liverpool, and the Borough Court at Preston; and for the payment of any "costs, charges, or expences," may, by an order of a Judge of the above Court be removed into the same; and have thereupon the force, charge, and effect of a judgment here, and all the reasonable costs and charges attending such application and removal are recoverable as if part thereof. But they do not affect lands, tenements, or hereditaments, as to purchasers, mortgagees, or creditors, until a writ of execution thereon is actually put into the hands of the sheriff.z [3.] The practice and proceedings in the Court of Pleas of the county palatine of Durham and Sadberge, are now in a main degree assimilated to those in the three Courts of Law at Westminster.a The costs for preparing pleadings in actions here, are by express enactment made the same as those of a like description in the Superior Courts. Provisions are made as to the costs with respect to the admission upon the trial of written and printed documents, and copies;c taxation of costs;d costs on paying money into Court;e fees to the officers;f costs on motions for new trials in the Superior Courts; on removal of judgments;h removal of causes ;i on writs of false judgment;k and as to the expences of witnesses; and any rule of Court made here, may be made a rule of any of the Superior Courts of Law at Westminster.m CHAPTER VII. Proceedings in Error. 1. Exchequer Chamber. 2. House of Lords. [1] The Court of Exchequer Chamber at Westminster consists of ten judges of the three Superior Courts of Law; and every writ of error upon a final judgment given in those Courts, and though as to a judgment upon a matter of law in the Petty Bag Office in Chancery,a is returnable and heard here.b In order to stay proceedings in the Court below, during the pendency of the writ of error; the plaintiff in error must, with two sureties, enter into a recognizance for the payment on an affirmance here of the debt and costs awarded by the judgment, and also those upon the delay, by reason of the writ. In ejectment the recognizance is taken in double the yearly value of the land, and also in double the amount of the costs in the Court below.d In other actions, it is in double the aggregate amount recovered by the judgment,e unless in the case of a penalty, as a bond with a condition; for here it is in double the sum really due, and also in double the costs.f Amendments in the writ of error, for variances from the record,g are made by order of the Court of Error, or one of its judges, and without costs. The fact of the plaintiff in error being a lunatic, is not any ground for compelling. p. 127. b 11 G. 4, and 1 W. 4, c. 70, s. 8. c 3 Jac. 1, c. 8; 6 G. 4, c. 96. d R. H. 2 W. 4, (27). f Moor v. Lynch, 1 Wils. 213; Dixon v. Dixon, 2 B. and P. 443; Reed v. Cooper, 5 Taunt. 320. 5 G. 1, c. 13. h Gardner v. Merrett, 2 Stra. 902; 2 Ld. Raym. 1587. him to give security for costs;i but where he resides out of the jurisdiction, such security will be ordered.j An assignment of errors may be amended on the terms of paying costs to the defendant in error;k and the latter is always entitled to costs upon the quashing, discontinuance, or non pros of a writ of error,m after the transcript is carried over; and, in the two latter cases also to interest.n Upon issue in error being joined, the plaintiff in error must deliver to the judges of the senior of the two Courts, and sitting there, five copies of the error books; and the defendant in error must deliver the like number to the judges of the junior of such two Courts ;P and if either makes default therein, he cannot be heard upon any argument without making payment, or a deposit for the five additional copies. In error upon a judgment in ejectment, and brought upon a judgment in the Court below, and for the plaintiff therein; where there is in the Court of Error an affirmance, discontinuance, or a non pros, the Court below awards a writ of inquiry as to the mesne profits, and also as to the damages, by way of waste. Upon the return of this writ, final judgment is given there, as to such mesne profits, and so found upon the writ of inquiry; and all the costs, and also for the interest,s and upon this final judgment, the principal and his sureties in the recognizance become liable to be sued for the whole i Steel v. Allan, 2 B. & P. 437. 13 Hen. 7, c. 10; 8 & 9 W. 3, c. 11, s. 2. Salt v. Richards, 7 East, 111; 3 Smith, 121; Wilkinson v. Malin, 1 Dowl. 628; 1 C. and M. 240. n 3 & 4 W. 4, c. 42, s. 30; Burn v. Carvalho, 4 Nev. and M. 893; 1 Ad. and El. 895; Levy v. Langridge, 4 M. and W. 337. • R. H. 4 W. 4 (15); Best v. Prior, 2 Dowl. 189. P 11 G. 4, and 1 W. 4, c. 70, s. 8. 9 Darker v. Darker, 2 Dowl. 88; Sandall v. Bennett, 4 Nev. and M. 89; 1 Ad. and El. 204. 16 & 17 Car. 2, c. 8, s. 4; Francis v. Doe dem. Harvey, 7 Dowl. 523; 5 M. and W. 273. 3 & 4 W. 4, c. 42, s. 30; 1 & 2 Vict. c. 110, s. 17. amount awarded thereby.t In other actions, if the judg ment in the Court below was upon a verdict for the plaintiff there, he is, upon an affirmance in the Court of Error, entitled to double costs;" but only to single costs if the writ of error was sued out after execution below had or levied.v The above provision extends even to cases where costs were not recovered in the Court below and in all cases of a discontinuance, non pros after the transcript is carried over,y or affirmance, (though in formedon,) the defendant in error recovers his costs,a for the delay of execution, if there be such, and also interest.c But upon a non pros, entered before the transcript is carried over, there are not any costs, damages, or interest, for in this case there is not yet really any cause in error." The provisions as to double costs and damages do not apply, where the writ of error is sued out in replevin by an avowant or cognizant.e 66 An executor or administrator bringing a writ of error upon a judgment against the testator or intestate, is not held liable to any costs in error ;f but he becomes liable in a writ of error brought upon a devastavit, or upon and after a judgment as to the debt and damages; and also as to the costs de bonis propriis.h * Doe v. Reynolds, 1 M. and S. 247. 13 Car. 2, stat. 2, c. 2, s. 10; Shepherd v. Mackreth, 2 H. Bla. 284; Baring v. Christie, 5 East, 515; 2 Smith, 142; Francis v. Doe d. Harvey, 7 Dowl. 523; 5 M. and W. 273. ▾ Earl of Pembroke v. Bostock, Cro. Car. 173; Ricketts v. Lewis, 1 B. and Ad. 197; Wright v. Fairfield, 2 B. and Ad. 959. Bishop of Lincoln v. Wolforston, 3 Burr. 1504. x 8 & 9 W. 3, c. 11, s. 2. y Page 134. z 2 Saund. 101, x. y. ; Ferguson v. Rawlinson, Andr. 113; 2 Stra. 1084; Cockerell v. Cholmeley, 10 B. and C. 564. a 3 Hen. 7, c. 10; 19 Hen. 7, c. 20. b Bowton v. Nicholls, Cro. Car. 401. Page 134; Golding v. Dias, 10 East, 2. d Salt v. Richards, 7 East, 111; 3 Smith, 121. e Golding v. Dias, 10 East, 2. Legg v. Richards, 1 Mod. 77; 1 Ventr. 167; 3 Lev. 375. & Saltern v. Wynne, 2 Stra. 1072; Cases temp. Ld. Hardw. Williams v. Riley, 1 H. Bla. 566. |