of any term; and thereupon the plaintiff shall be entitled to judgment against the casual ejector, in like manner as upon declarations served before the essoin, or first general return day." execution, when tenant, or land appear. On nonsuit, for not confessing lease, &c. in C. P. On verdict for plaintiff. By stat. 11 Geo. IV. & 1 W. IV. c. 70. § 38. When the tenant in possession, or his landlord, does not appear, Judgment and and enter into the consent rule to be made defendant instead of the casual ejector, and to confess lease, entry, and ouster, &c. judgment lord, does not may be signed against the casual ejector by default, on the expiration of the rule for judgment, and a writ of possession immediately sued out and executed, in term or vacation a. And, in the Common Pleas, when the plaintiff was nonsuited at the assizes, or sittings after term, on account of the tenant or landlord's not appearing at the trial, and confessing lease, entry, and ouster, he was formerly allowed to sign judgment, and take out execution, immediately after the trial: But, In K. B. in the King's Bench, he was not allowed to sign judgment against the casual ejector, until the day in bank, or first day of the ensuing terme. And, in all the courts, where a verdict was given for the plaintiff in vacation, he was obliged to wait till the ensuing term, before he could sign judgment, or take out execution. To remedy this inconvenience, and to make the practice uniform in all the courts, it is enacted by the statute 11 Geo. IV. & 1 W. IV. c. 70. d, for the more effectual administration of justice in England and Wales, that "in all cases of "trials of ejectments at nisi prius, when a verdict shall be given for "the plaintiff, or the plaintiff shall be nonsuited for want of the de"fendant's appearance to confess lease, entry, or ouster, it shall be "lawful for the judge before whom the cause shall be tried, to certify "his opinion, on the back of the record, that a writ of possession ought to issue immediately; and upon such certificate, a writ of possession & may be issued forthwith; and the costs may be taxed, "and judgment signed and executed afterwards, at the usual time, as "if no such writ had issued: Provided always, that such writ, in"stead of reciting a recovery by judgment, in the form now in use, "shall recite shortly, that the cause came on for trial at nisi prius, at "such a time and place, and before such a judge, (naming the "time, place, and judge,) and that thereupon the said judge certi"fied his opinion that a writ of possession ought to issue immediately." f e Judge's certifi cate, for imme diate writ of possession, Construction of this statute, and decisions there on. Præcipe for habere facias possessionem, unnecessary. Writ need not be signed. The provisions of this act, relating to the issuing of a writ of habere facias possessionem, are not affected by the statute 1 W. IV. c. 7.a And it has been holden, that the judge has no discretion under it, as to the time at which the lessor of the plaintiff shall have possession; but must either grant a certificate to enable him to get immediate possession, or let the case take its regular course b: and if the judge should think that some time ought to be allowed to the defendant, he will grant a certificate for immediate possession; the lessor of the plaintiff undertaking not to enforce it for a certain time. If a lessor of the plaintiff be nonsuited, for want of the defendant's confessing lease, entry, and ouster, the judge will not grant a certificate, under the above statute, to give the lessor of the plaintiff immediate possession, unless an affidavit, stating the circumstances of the case, be laid before him . And where it was intimated at the trial, by the defendant's counsel, that he should move in the next term for a new trial, on the ground of certain evidence having been admitted which was not receivable in point of law, the judge who tried the cause said that, under these circumstances, he should refuse to certify e. An ejectment having been brought on two demises, and a verdict taken for the plaintiff on one, and for the defendant on the other, and leave being reserved to the plaintiff to move to enter a verdict for him on the second demise, he is not precluded from doing so, by his having obtained early execution on the verdict on the first demise, and possession having been taken under it f. On suing out the writ of habere facias possessionem, a præcipe was formerly required in the King's Bench, but not in the Common Pleas : And now, by a general rule of all the courts', 66 a writ of habere facias possessionem may be sued out, without lodging a præcipe with the officer of the court." This writ was formerly signed, in the King's Bench, by the signer of the writs; and, in the Common Pleas, by the prothonotaries : But, by a general rule of all the courts, "it * Ante, 566. b Doe d. Williamson v. Dawson, 4 Car. & P. 589. per Taunton, J. Doe d. Packer v. Hilliard, 5 Car. & P. 132. per Park, J. Doe d. Packer v. Hilliard, 5 Car. & P. 132. per Park, J. Per Littledale, J. 4 Car. & P. 589; and for the form of this affidavit, see Append. to Tidd Sup. 1833, p. 330. Doe d. Cook v. Barrett, 1 Leg. Obs. 351. per Garrow, B. f Doe d. Bank of England v. Chambers, 4 Ad. & E. 410. Imp. K. B. 10 Ed. 596. h 2 Sel. Pr. 2 Ed. 100. 121. Imp. C. P. 7 Ed. 631. R. H. 2 W. IV. reg. 1. § 76. 3 Barn. & Ad. 385. 8 Bing. 299. 2 Cromp. & J. 189. * R. H. 2 W. IV. reg. 1. § 75. Id. îb shall not be necessary that any writ of execution shall be signed; but no such writ shall be sealed, till the judgment paper, postea, or inquisition, has been seen by the proper officer." In the King's Bench, the practice formerly was, for the plaintiff in error, or his bail, to enter into a recognizance, in double the improved rent, or yearly value of the premises, and single amount of the costs a. In the Common Pleas, the clerk of the errors governed himself, in fixing the penalty of the recognizance, by the amount of the rent of the premises, and took the recognizance in two years' rent or profits, and double costs : and where the plaintiff in error entered into the recognizance, it was not necessary for him, in that court, to give the defendant in error notice thereof; nor could he be examined, in the King's Bench, as to his sufficiency d: though, when bail in error was put in, notice thereof must have been given, and they might have been examined, as in other cases. In the Exchequer, the bail must formerly have justified in double the improved annual rent, or value of the premises recovered: But now, by a general rule of all the courts, "in ejectment, the recognizance of bail in error shall be taken in double the yearly value, and double the costs." a Keened. Ld. Byron v. Deardon,8 East, 298; and see Doe v. Roache, Cas. temp. Hardw. 374. b Doe d. Webb v. Goundry, 7 Taunt. 428. 1 Moore, 119, 20. S. C.; and see Doe d. Fenwick v. Pearson, Barnes, 103. accord. Doe d. Webb v. Goundry, 7 Taunt. 427. 1 Moore, 118. S. C. Keene d. Ld. Byron v. Deardon, 8 eR. E. 33 Geo. II. in Scac. Man. Ex.. R. H. 2 W. IV. reg. 1. § 27. 3 Barn. / & Ad. 377. 8 Bing. 291. 2 Cromp. & J. 175., Recognizance of bail in error, in what sum. ($1.) Commencement of declaration in a second action, after plea of nonjoinder in former one. Ante, 210, 11. ($ 2.) Plea of payment of money into APPENDIX OF FORMS, IN THE STATUTORY RULES OF PLEADING, AND SCHEDULE ANNEXED THERETO, &c. [Venue.] A. B. by E. F. his attorney, [or, in his own proper person," &c.] complains of C. D. and G. H. who have been summoned to answer the said A. B., and which said C. D. has heretofore pleaded in abatement the non-joinder of the said G. H., &c. [the same form to be used, mutatis mutandis, in cases of arrest or detainer]. C. D. The day of in the year of our Lord 18ats. The defendant, by- his attorney, [or "in person," &c.] A. B. says that the plaintiff ought not further to maintain his Ante, 312, 13. action; because the defendant now brings into court the sum of £ court. - ready to be paid to the plaintiff: And the defendant further saith, that the plaintiff has not sustained damages, [or, in actions of debt, "that he is not indebted to the plaintiff,"] to a greater amount than the said sum, &c. in respect of the cause of action in the declaration mentioned and this he is ready to verify, wherefore he prays judgment, if the plaintiff ought further to maintain his action. In the King's Bench, Common Pleas, or The day of in the year of our Lord 18, [date of declaration.] [Venue.] A. B. by E. F. his attorney, [or in his own proper person, or by E. F. who is admitted by the court here to prosecute for the said A. B. The issues, judgments, and other proceedings, in actions commenced by process under 2 W. IV. c. 39. are directed by the statutory rules of pleading to be in the several forms in the schedule thereunto annexed, or to the like effect, mutatis mu¬ tandis provided, that in case of non-com, pliance, the court or a judge may give leave to amend. This and the following forms, except the 10th, are in the schedule annexed to the statutory rules of pleading. The 10th form is referred to in R. Pr. H. 4 W. IV. reg. 20. and given at the end of that rule. who is an infant within the age of twenty-one years, as the next friend on year of first writ,] out of the court of our Lord the King before the King himself at Westminster, [or out of the court of our Lord the King before his justices at Westminster, or out of the court of our Lord the King before the barons of his Exchequer at Westminster, as the case may be,] for that [Copy the declaration, from these words to the end, and the plea and subsequent pleadings to the joinder of issue.] the Thereupon the sheriff is commanded, that he cause to come here on twelve, &c. by whom, &c. and who neither, &c. day of to recognize, &c. because as well, &c. [After the joinder of issue, proceed as follows:] وت And forasmuch as the sum sought to be recovered in this suit, and indorsed on the said writ of summons, does not exceed twenty pounds, hereupon, on the day of in the year [teste of writ of trial,] pursuant to the statute in that case made and provided, the sheriff [or the judge of - being a court of record for the recovery of debt in the said county, as the case may be,] is commanded, that he summon twelve, &c. who neither, &c. who shall be sworn truly to try the issue above joined between the parties aforesaid, and that he proceed to try such issue accordingly; and when the same shall have been tried, that he make known to the court here, what shall have been done by virtue of the writ of our Lord the King to him in that behalf directed, with the finding of the jury thereon indorsed, on the day of -; &c. William the Fourth, &c. To the sheriff of our county of [or to the judge of ($ 5.) Form of writ of Ante, 467. being a court of record for the recovery of trial. debt in our county of day of last, by his attorney, [or as the case may be,] came into our said court, and said [here recite the pleas and pleadings, to the joinder of issue;] and the plaintiff did the like. And whereas the sum |