aforesaid, and thereupon all and singular the premises being seen, and by the court here fully understood, and mature deliberation being thereupon had, it appears to the court here, that the declaration aforesaid is not sufficient in law, therefore it is considered that the said plaintiff take nothing by his said declaration, but that he be in mercy, and that the said defendant go thereof without day. And it is further considered by the court here, that the said defendant do recover against the plaintiff pounds, for his costs and charges by him laid out about his defence in this behalf by the court here, adjudged to the said defendant, and with his consent according to the form of the statute in such case made and provided, and that the said defendant have execution thereof, &c.

Judgment after Verdict.

[Copy the issue to the end of the award of the Venire, and proceed as follows:]

Afterwards the jury between the parties is respited until the [return of distringas or habeas corpora], day of

unless

prius], day of

at

shall first come on the [day of sittings or nisi according to the form of the statute in that case made and provided for default of the jurors, because none of them did appear.

Afterwards on the [day of signing final judgment], day of come the parties aforesaid, by their respective

attornies aforesaid, [or as the case may be], and

before whom the said issue was tried, hath sent hither his record, had before him in these words: [copy postea.]

Therefore it is considered that the said A. B. do recover against the said C. D. his said damages, costs, and charges by the jurors aforesaid, in form aforesaid assessed; and also £ for his costs and charges by the court here ad

judged of increase to the said A. B. with his assent; which said damages, costs, and charges in the whole amount to £ and the said C. D. in mercy, &c.

No. 12.

FORMS OF PROCEEDINGS BEFORE SHERIFF.

Form of the Issue when it is directed to be tried by the Sheriff.

[After the joinder of issue proceed as follows:]

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 [teste of writ of trial], day of in the year

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 Lady the Queen to him in that behalf directed, with the finding of the jury thereon indorsed, on the day of &c.

Form of Writ of Trial.

Victoria, by &c. to the sheriff of our county of

[or to the judge of

being a court of record for the recovery of debt, in our county of as the case may be.]

day of

Whereas A. B. in our court before us at Westminster, [or in our court before our justices at Westminster, or in our court before the barons of our Exchequer at Westminster, as the case may be,] on the [date of first writ of summons] day of last impleaded C. D. in an action on promises, [or as the case may be ;] for that whereas one [&c. here recite the declaration as in a writ of inquiry,] and thereupon he brought suit. And whereas the defendant, on the 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 sought to be recovered in the said action, and indorsed on the writ of summons therein, does not exceed twenty pounds; and it is fitting that the issue above joined should be tried before you the said sheriff of [or judge, as the case may be:] we, therefore, pursuant to the statute in

such case made and provided, command you that you do

summon twelve free and lawful men of your county, duly qualified according to law, who are in nowise akin to the plaintiff or to the defendant, who shall be sworn truly to try the said issue joined between the parties aforesaid, and that you proceed to try such issue accordingly; and when the same shall have been tried in manner aforesaid, we command you that you make known to us at Westminster, [or to our justices at Westminster, or to the barons of our said exchequer, as the case may be,] what shall have been done by virtue of this writ, with the finding of the jury hereon indorsed, on the day of

Witness

in the

at Westminster, the year of our reign.

L

day of

next.

Form of Indorsement thereon of the Verdict.

Afterwards, on the [day of trial,] day of

year

before sheriff of the county of

me,

[or judge of the court of

in the

] came as well the within-named plaintiff as the within-named defendant, by their respective attornies within-named, [or as the case may be,] and the jurors of the jury by me duly summoned, as within commanded, also came, and being duly sworn to try the said issue within mentioned on their oath said, that (see ante, p. 213.)

Form of Indorsement thereon, in case a Nonsuit takes place.

[After the words "duly sworn to try the issue within mentioned" proceed as follows:] And were ready to give their verdict in that behalf; but the said A. B. being solemnly called, came not, nor did he further prosecute his said suit against the said C. D.

Form of Judgment for the Plaintiff after Trial by the Sheriff.

[Copy the issue and then proceed as follows:]

Afterwards on the [day of signing judgment] day of came the parties

in the year

aforesaid, by their respective attornies aforesaid, [or as the case may be] and the said sheriff, [or judge, as the case may be] before whom the said issue came on to be tried, hath sent hither the said last-mentioned writ, with an indorsement thereon, which said indorsement is in these words; to wit, [copy the indorsement].

Therefore it is considered [&c. in the same form as before, p. 150.]

No. 13.

PROCEEDINGS IN ERROR.

Writ of Error to Exchequer Chamber.

Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, defender of the faith: To our right trusty and well-beloved Thomas Lord Denman, our chief justice assigned to hold pleas in our court before us [if from the C. P. " to our right trusty and well-beloved Sir Nicholas Conyngham Tindal, knight, our chief justice of the Common Bench," if from the Exchequer, "to our treasurer and barons of our Exchequer,"] greeting: Forasmuch as in the record and proceedings, and also in the giving of judgment in a plaint which was in our court before us [if from the C. P. "before you and your companions our justices of the Bench," if from the Exchequer, "before you the said barons in our said court of the said Exchequer,"] between A. B. and C. D. of a plea of debt (or as the form of action was) as it is said manifest error hath intervened, to the great damage of the said C. D. as by his complaint we are informed. And whereas by a statute made in parliament at a session thereof holden at Westminster, in the county of Middlesex, in the first year of the reign of the late lord King William the Fourth, intituled, "An Act for the more effectual Administration of Justice in England and Wales," it was (amongst other things) enacted, that Writs of Error, upon any judgment given by any of our Courts of Queen's Bench, Common Pleas, and Exchequer, should thereafter be made returnable only before the judges, or judges and barons, as the case might be, of the other two courts in the Exchequer Chamber, any law or statute to the contrary notwithstanding; that a transcript of the record only should be annexed to the return of the writ, and the Court of Error, after errors were duly assigned