SECTION II. JUDGMENT &c. AFTER VERDICT. 1. Judgment for Plaintiff, on a Verdict in Assumpsit (a). [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 (b) shall first come on the (day of sittings or Nisi Prius) day of, at —, 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 (c) 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 adjudged 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. (d)" day of A. D. [In the margin of the roll opposite the words "Therefore it is considered," write "Judgment signed the -;" also in the margin, opposite the words, "mercy, &c." at the end write "Mercy."] [See 1 Chit. Ar. Pr. 330, &c.] 2. Judgment for Plaintiff, where the Cause was tried in a County Pulatine. [Copy the issue to the end of the award of the mittimus, and then thus:] And afterwards, to wit, on then next following, (which day the parties aforesaid had prefixed to them, by and justices assigned to take the assizes for the said county of, to hear judgment thereupon,) comes here the plaintiff by his attorney aforesaid; and the said justices sent here the said record, with all things done thereupon before them at aforesaid, in these words, to wit: Afterwards [&c. copy the postea verbatim to the end, and proceed thus:] Whereupon all and singular the premises being seen, and by the court here fully understood, and mature deliberation being thereupon had, it is considered [&c. stating the judgment as in ordinary cases. Write in the margin of the roll as directed at the end of form supra.] See (a) This form is prescribed by the recent rules of H. T. 4 Will. 4. forms of Judgment in Replevin, and in suits removed from inferior courts, post. (b) As to the mode of filling up this blank, see ante, 66. (c) Here insert the words "the said chief justice," or "justice," or "baron," or "justices of assize," or as the case may be. (d) No continuances are now to be entered; see 1 Chit. Ar. Pr. 336. 3. Judgment where the Judge certifies for immediate Execution, under 1 Will. 4, c. 7. [Proceed as in ordinary cases, see form, ante, 102, No. 1, to the end of the statement of the Postea inclusive, and then state the judge's certificate thus] and hereupon the said Sir —, knight, before whom the said issue was tried in form aforesaid, and before the end of the sittings of Nisi Prius, [or "assizes,"] at which the said cause was tried, to wit, on the day of, in the year of our Lord [at Westminster aforesaid,] certified under his hand upon the back of the record of and in the said action, according to the form of the statute in such case made and provided, and that he was of opinion that execution ought to issue on the day of then next, for the sum found by the said verdict; and thereupon afterwards and after the granting the said certificate, to wit, on the day of in the - year of the reign of our said lady the queen, comes here the plaintiff, by his attorney aforesaid, and prays judgment: and that the damages, costs, and charges, by the jurors aforesaid assessed, and also his costs and charges by him about his suit in this behalf expended, of increase, may be adjudged to him, &c. Therefore it is considered by the court here, according to the form of the statute in such case made and provided, that the plaintiff do recover against the said defendant his said damages, [&c. conclude as in ordinary cases, see form, ante, 102, No. 2, and infra, &c.] 4. Judgment according to the Right and Justice of the Case, where the facts have been found specially under 3 & 4 Will. 4, c. 42, s. 24. [Proceed as in ordinary cases to the end of the postea, as ante, 102, No. 1, and then as follows:] and it now appearing to the said court here that the variance between the mode of stating the cause of action in the declaration within mentioned, and the cause of action as it appeared upon the finding of the said jurors, is immaterial to the merits of the case, and that the mis-statement of the cause of action in the said declaration was and is such as could not have prejudiced the defendant in the conduct of the defence to the said action, and that, according to the very right and justice of the case, the said plaintiff ought to have judgment to recover his said damages: Therefore it is considered [&c. state the judgment as in 102, No. 1.] 5. Judgment for Plaintiff, in Debt. [Commence and proceed in the entry of the judgment, as in the form, ante, 102, No.1, but state the judgment itself thus:] Therefore it is considered that the plaintiff do recover against the defendant his said debt, and his damages aforesaid, on occasion of the detention thereof, to 1s., together with his costs and charges aforesaid, to 40s. by the jurors aforesaid in form aforesaid assessed, and also £- for his said costs and charges by the court here adjudged of increase to the plaintiff and with his assent; and the defendant in mercy, &c. [If the defendant has denied his deed, then instead of the words "and the defendant in mercy &c." which is called a misericordia, say, "and let the defendant, inasmuch as he has denied his deed, be taken &c," which is called a capiatur.] [Write in the margin of the roll as directed, ante, 102, No. 1.] 6. Judgment for Plaintiff in Debt on Bond where Damages were assessed on 8 & 9 Will. 3, c. 11, s. 8 (a). [Commence and proceed in the entry of the judgment as in the form, ante, 102, No. 1, but state the judgment itself thus:] Therefore it is considered that the plaintiff do recover against the defendant his said debt, and his damages aforesaid, on occasion of the detention thereof, to ls., together with his costs and charges aforesaid, to 40s. by the jurors aforesaid in form aforesaid assessed, and also £- for his said costs and charges, by the court here adjudged of increase to the plaintiff and with his assent: It is also considered by the court here, that the plaintiff have execution against the defendant of the damages aforesaid to £ by the said jury in form aforesaid assessed, on occasion of the aforesaid breach of the said condition of the said writing obligatory, according to the form of the statute in such case made and provided; and the defendant in mercy, &c. [Write in the margin of the roll as directed, 102, No. 1.] 7. Judgment in Debt qui tam, where Part is found for Plaintiff and Part for Defendant. [Commence and proceed in the entry of the judgment as in the form, ante, 102, No. 1, but state the judgment itself thus:] Therefore it is considered that the plaintiff who sues as aforesid do recover against the defendant for our said lady the queen and for himself, the plaintiff, the said sum of £ in the said count of the said declaration mentioned, parcel of the said sum of £- above demanded; and that our said lady the queen have one moiety thereof to her own use, and that the plaintiff, who sues as aforesaid, have the other moiety thereof to his own use, according to the form of the statute in such case made and provided: and the defendant in mercy, &c. And let the plaintiff who sues as aforesaid be in mercy, for his false complaint against the defendant for the residue of the said sum of £- whereof the defendant is acquitted; and let the defendant go thereof without day &c. 8. The like, when Plaintiff is entitled to Costs. [Proceed as in the preceding form, to the end of the judgment for the penalty, at the asterisk", and then thus:] And it is further considered by the court here, that the plaintiff who sues as aforesaid do recover against the defendant the said sum of 40s. for his costs and charges aforesaid, by the jurors aforesaid in form aforesaid assessed, and also £- for his said costs and charges by the court here adjudged of increase to the plaintiff who sues as aforesaid, and with his assent, according to the form of the same statute; which said several sums of £- and £- in the whole amount to £--: and the defendant in mercy, &c. And let the plaintiff who sues as aforesaid be in mercy, for his false complaint against the defendant for the residue of the said sum of £- whereof the defendant is acquitted, and let the defendant go thereof without day &c. [Write in the margin of the roll as directed at the end of the form, ante, 102, No. 1.] (a) See other forms, post, Book 2, Part 4, Chap. 4, s. 3. 9. Judgment for Plaintiff, in Covenant. [Commence and proceed in the entry of the judgment as in the form, ante, 102, No. 1, but state the judgment itself thus:] Therefore it is considered that the plaintiff do recover against the defendant his said damages, costs, and charges, by the jurors aforesaid in form aforesaid assessed, and also £- for his said costs and charges by the court here adjudged of increase to the plaintiff and with his assent; which said damages, costs, and charges in the whole amount to £- And let the defendant, inasmuch as he has denied his deed, be taken &c. [or if defendant has not denied the deed, then instead of the words " and let &c." say "and the defendant in mercy &c."] [Write in the margin of the roll as directed, 102, No. 1.] 10. Judgment for Plaintiff, in Detinue. [Commence and proceed in the entry of the judgment as in the form, ante, 102, No. 1, but state the judgment itself thus:] Therefore it is considered that the plaintiff do recover against the defendant the said goods and chattels [or "deeds and papers" &c. or enumerating them, if enumerated in the postea,] or the said sum of £, for the value of the same, if the plaintiff cannot have again his said goods and chattels, [or, "deeds" &c.] and also his said damages, costs, and charges to £beyond the value aforesaid, by the jurors aforesaid in form aforesaid assessed, and also f- for his said costs and charges by the court here adjudged of increase to the plaintiff, and with his assent, and the defendant in mercy &c. And hereupon the sheriff is commanded that he distrain the defendant by all his lands and chattels in his bailiwick, so that neither the defendant, nor any one by him, do lay hands on the same until the said sheriff shall have another command from the court here in that behalf, and that the said sheriff answer for the issues of the same, so that the defendant render to the plaintiff the goods and chattels [or "deeds" &c.] aforesaid, or the said sum of £—, for the value of the same; and in what manner &c. he is commanded to make appear &c. (This latter part of the entry is called the distringas.) [Write in the margin of the roll as directed, 102, No. 1.] 11. Judgment for Plaintiff in Case or Trover. Same as in assumpsit, ante, 102, No. 1. 12. Judgment for Plaintiff, in Trespass. Same as in assumpsit, ante, 102, No. 1. 13. Judgment for Plaintiff, in Replevin. See forms, post, Book 3, Purt 1, Chap. 2. 14. Judgment for Plaintiff, in Ejectment. See forms, post, Book 3, Part 1, Chap. 1. F 5 15. Judgment where several Issues, and all-found for Plaintiff Same as in ordinary cases where there is but a single Issue; see the preceding forms. 16. Judgment for Plaintiff, upon a Plea of Tender as to Part, and Non-assumpsit as to residue. Same as in ordinary cases in assumpsit. See the form, ante, 102, No. 1. 17. Judgment where one Issue is found for Plaintiff, and another for Defendant. [Commence and proceed in the entry of the judgment as in the form, ante, 102, No. 1, but state the judgment thus:] Therefore it is considered that the plaintiff do recover against the defendant his said damages, costs and charges, by the jurors aforesaid in form aforesaid assessed, and also £for his said costs and charges by the said court here adjudged of increase to the plaintiff and with his assent, according to the form of the statute in such case made and provided; which said damages, costs and charges amount in the whole to £ -; and the defendant in mercy &c., (so state the judgment according to the nature of the action; see the form in debt, ante, No. 5; in covenant, ante, No. 9; in detinue, ante, No. 10; in trespass, &c. ante, No. 12.] And the plaintiff is also in mercy, for his false claim against the defendant as to the premises whereof the defendant is acquitted by the said jury in form aforesaid: and let the defendant go thereof without day &c. [Write in the margin as directed at the end of the form, ante, 102, No. 1.] 18. Judgment on a verdict for Plaintiff on one count, and for Defendant on another, with a Nolle prosequi as to a third count, found for Plaintiff, on which no damages were assessed. [Commence and proceed in the entry of the judgment as in the form, ante, 102, No. 1, to the end of the statement of the postea, and then thus :] But because the jurors aforesaid have not assessed any damages, on occasion of the not performing of the said last-mentioned promise, the plaintiff saith that he will not further prosecute his suit in that behalf against the defendant. And hereupon the plaintiff prays the judgment of the court upon the premises aforesaid: Therefore it is considered by the court here that the plaintiff do recover against the defendant his said damages, costs, and charges, &c. (as ante, 102, No. 1.) And as to the several promises and undertakings in the said declaration secondly and lastly above-mentioned, let the defendant be acquitted, and go thereof without day &c. And it is further considered by the court here, that the defendant do recover against the plaintiff £ for his costs and charges by him about his defence in this behalf as to [the several promises in the said declaration secondly and lastly above-mentioned,] laid out and expended, by the court here adjudged to the defendant and with his assent, according to the form of the statute in such case made and provided (a), and that the defendant have execution thereof &c. [Write in the margin as directed at the end of the form, ante, 102, No. 1.] (a) The 3 & 4 Will. 4, c. 42, s. 33, entitled the defendant to and to have judgment for and recover these costs. But query if there be any entry of a judgment for same where the defendant's costs do not exceed plaintiff's upon the other issues found against defendant. See 2 Chit. Ar. Pr. Book 4, Part 1, Chap. 25. |