and issue in error joined, should, at such time as the judges should appoint, either in term or vacation, review the proceedings, and give judgment as they should be advised thereon, and such proceedings and judgment, as altered or affirmed, should be entered on the original record, and such further proceedings as might be necessary thereon should be awarded by the court in which the original record remained, from which judgment in error no writ of error should lie or be had, except the same were made returnable in the High Court of Parliament, as in the said act is more fully contained. We, therefore, being willing that the said error, if any there be, should in due manner be corrected according to the form of the statute aforesaid, and full and speedy justice done to the parties aforesaid in this behalf, do command you, that if judgment be thereupon given, then you distinctly and openly send, under your seal, to our justices of the Bench, and the barons of our Exchequer of the degree of the coif, [if from the Common Pleas," to our justices assigned to hold pleas in our court before us, and the barons of our Exchequer of the degree of the coif," if from the Exchequer, "to our justices assigned to hold pleas in our court before us, and our justices of the Common Bench"] in the Exchequer Chamber aforesaid, on

day of

the next ensuing, a transcript of the record and proceedings of the plaint aforesaid, with all things touching the same and this writ, that the said transcript and proceedings, being viewed and examined by the said justices and barons [if from the Exchequer, omit "and barons"] they may cause to be further done thereupon what of right and according to the form of the statute aforesaid ought to be done. Witness ourself at Westminster, year of our reign.

the

day of

in the

The Return of the Chief Justice of the Q. B.

The answer of Thomas Lord Denman, the chief justice within named.

The transcript of the record and proceedings whereof mention is within made, with all things touching the same, I certify to the justices and barons within mentioned, at the day and place within contained, in a certain schedule to this writ annexed, as within I am commanded.

Assignment of Common Errors.

In the Exchequer Chamber.

C. D.

V.

Afterwards, that is to say, on the

day of

before the justices of our Lady the Queen of the A. B. Bench, and the barons of the Exchequer of our said Lady the Queen of the degree of the coif [if from the Common Pleas, "before the justices of our Lady the Queen assigned to hold pleas in the court of our Lady the Queen, before the Queen herself, and the barons of the Exchequer of our said Lady the Queen, of the degree of the coif," if from the Exchequer, "before the justices of our Lady the Queen, assigned to hold pleas in the court of our Lady the Queen, before the Queen herself and the justices of our Lady the Queen of the Bench,"] in the Exchequer Chamber at Westminster, comes the said C. D. by D. A. his attorney, and says that in the record and proceedings aforesaid, and in giving the judgment aforesaid, there is manifest error in this, that the declaration aforesaid, and the matters therein contained, are not sufficient in law for the said A. B. to have or maintain his aforesaid action thereof against him the said C. D.; and also there is error in this, that the judgment given aforesaid, by the record aforesaid, appears

to have been for the said A. B. against him the said C. D., whereas by the law of the land the said judgment ought to have been given for the said C. D. against the said A. B. And the said C. D. prays that the judgment aforesaid, for the errors aforesaid, and for other errors in the said record and proceedings being, may be reversed, annulled, and altogether holden for nought, and that he may be restored to all things which he hath lost by occasion of the said judgment, &c.

Joinder in Error.

In the Exchequer Chamber.

A. B.

ats.

And hereupon the said A. B. by P. A. his attorney, comes and says that there is no error, either C. D. in the record and proceedings aforesaid, or in the giving the judgment aforesaid, and he prays that the said justices and barons [in error from the Exchequer, omit “and barons," in the Exchequer Chamber here may proceed to examine as well the record and proceedings aforesaid, as the matters aforesaid above assigned for error, and the judgment aforesaid, in manner aforesaid given, may in all things be affirmed, &c.

No. 14.

OLD FORM OF FIERI FACIAS.

Fi. fa. for Plaintiff in Assumpsit, in Q. B. or C. P.

Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, defender of the faith, to the sheriff of

greeting: We command you that

you cause to be made of the goods and chattels in your bailiwick of C. D. the sum of £ which in our court before us [or in C. P. 'before our justices,"] at Westminster were awarded to A. B. for his damages which he had sustained, as well on occasion of not performing certain promises and undertakings as for his costs and charges by him about his suit in that behalf expended: whereof the said C. D. is convicted, as appears to us of record, [or in C. P. omit " as appears to us of record"]; and have you that money before us [or in C. P. "before our justices"] at Westminster, immediately after the execution hereof [or ," to render to the said A. B. for his said damages; and have you there then, [or in C. P. omit the word "then,”] this writ. Witness (name of chief justice) at Westminster, the in the

on

our reign.

day of

year of

No. 15.

OLD FORM OF ELEGIT.

Elegit, in Q. B. or C. P.

Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, defender of the faith; to the sheriff of greeting: Whereas A. B. lately in our court before us [or in C. P. " before our justices"] at Westminster, by the judgment of the same court, recovered against C. D. £ which in our said court were adjudged to the said A. B. for his damages which he had sustained, as well on occasion of the not performing of certain promises and undertakings then lately made by the said C. D. to the said A. B. or if in debt "recovered against C. D. a certain debt of £ and also which in our same

,

court were adjudged to the said A. B. for his damages which

he had sustained, as well on occasion of the detention of the said debt," or as the form of action was, see the judgment,] as for his costs and charges by him about his suit in that behalf expended; whereof the said C. D. is convicted, as appears to us of record, [or in C. P. omit

as appears to us of record"]; and afterwards the said A. B. came into our court before us, [or in C. P. " before our justices," at Westminster, and according to the form of the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. except his oxen and beasts of the plough, and also a moiety of all the lands and tenements of the said C. D. in your bailiwick; to hold to him the said goods and chattels, as his proper goods and chattels, and to hold a moiety of the lands and tenements aforesaid, to him and his assigns, as his freehold, according to the form of the said statute, until the damages [or "debt and damages,"] aforesaid should be thereof fully levied: therefore we command you, that without delay you cause to be delivered to the said A. B., by a reasonable price and extent, all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also a moiety of all the lands and tenements in your bailiwick, whereof the said C. D. or any person or persons in trust for him, on the day of of our reign, [the day of signing judyment,] on which day the judgment aforesaid was given, or ever afterwards, was seised; to hold the said goods and chattels to the said A. B. as his proper goods and chattels, and also to hold the said moiety of the lands and tenements aforesaid to him and his assigns as his freehold, according to the form of the statute aforesaid, until the damages [or, " debt and damages"] aforesaid shall be thereof fully levied; and in what manner you shall have executed this our writ make appear to us [or in C. P. " before our justices"] at Westminster, immediately after the execution hereof [or, "on "], under your seal and the seals of those by whose oath you shall make the said extent and appraisement; and have there then [or in C. P. omit

in the

year