or that if the judgment given in the Court of Queen's Bench [or "C. P." or "Exch. of Pleas"] herein be affirmed in the Court of Exchequer Chamber, he shall satisfy the aforesaid A. B. as well the sum of £the amount of the judgment so as aforesaid given herein (a), as also all such costs and damages, sum and sums respectively, as shall be awarded for delay of execution by reason of the writ of error herein. And if he fail to do so, you B. B. and J. B. undertake to do it for him. [See 1 Chit. Ar. Pr. 365.] 6. Recognizance of Bail in Error in Ejectment. at day of Be it remembered, that B. F., on the in the year of the reign of our sovereign lady Victoria, and before T. M., one of the commissioners appointed for taking special bail in and for the county of in the said county, and acknowledged himself to owe unto John Doe, a debtor to our sovereign lady the now queen, the sum of £, to be paid to the said John Doe, his attorney, executors, administrators, or assigns, and if the said B. F. do not pay the same, then he consents that the said sum of money shall be levied and recovered of the lands and tenements, goods and chattels, of him the said B. F. for the use of the said John Doe, his executors, administrators, or assigns. The condition of this recognizance is such, that whereas Sir M. H. N., Bart., hath brought a writ of error upon a judgment recovered against him in her majesty's Court of Exchequer at Westminster, for the sum of £damages in ejectment by the above-named John Doe, as by the record thereof now thereon remaining it doth and may more fully appear; which said writ of error is returnable in the chamber of council nigh the said Exchequer, called the Exchequer Chamber, on the day of last. If therefore the said Sir M. H. N. do prosecute the said writ of error with effect, and also do pay and satisfy (if the said judgment be affirmed, or Sir M. H. N. become nonsuited in the said writ of error, or suffer the same through his default to be discontinued,) the damages aforesaid recovered by the said judgment, and do also pay and satisfy the sum of £- -, being double the yearly value of the said premises, and also such further costs and damages as shall be awarded for delay of execution, by reason of the said writ of error, then this recognizance to be void, otherwise to remain in full force and virtue. 7. Notice of Bail. [The forms are the same as those on an arrest, post, Book 1, Part 2, Chap. 1, s. 8, except after the words " that special bail was this day put in," proceed" with one of the masters of the Court of the writ of error in this cause, before," &c.] [See 1 Chit. Ar. Pr. 366.] -, upon 7. Affidavit of Sufficiency of Bail, to accompany the Notice. [Same as form after an arrest, post, Book 1, Part 2, Chap. 1, s. 8, except after one of the bail of the above-named defendant," insert " writ of error in this cause."] [See 1 Chit. Ar. Pr. 366.] (a) In the case of a penalty the recognizance is not taken for double the upon the sum recovered, but for double the sum really due, and double the costs. 8. One Day's Notice of Exception, where the Affidavits have been made pursuant to Rule Trinity Term, 1 Will. 4, Reg. 3. [Same as form after an arrest, post, Book 1, Part 2, Chap. 1, s. 8, except that instead of “in this cause," say "upon the writ of error in this cause."] [See 1 Chit. Ar. Pr. 366.] 9. Notice requiring Justification at a Judge's Chambers. Affidavit, &c. to procure leave to add another Bail. [These are similar to those after an arrest, post, Book 1, Part 2, Chap. 1, s. 8, except that instead of “in this cause,” insert “upon the writ of error in this cause."] A. B. V. C. D. [See 1 Chit. Ar. Pr. 366.] 10. Rule for better Bail. Unless the plaintiff in the writ of error in this cause puts in better bail within four days next after notice hereof to be given Sto the said plaintiff or his attorney, execution will issue. In the Q. B. [or " C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. Take notice, that B. B. and J. B., the bail already put in upon the writ of error in this cause, and of whom you have before had notice, will on next justify themselves in open court at Westminster Hall, in the county of Middlesex, [if at chambers see the form, post, Book 1, Part 2, Chap. 1, s. 8,] as good and sufficient bail for the above-named defendant. Dated the day of To Mr. P. A., plaintiff's attorney. 1840. [See 1 Chit. Ar. Pr. 366.] defendant's attorney. 12. Affidavit of Service of Notice of Justification. [Same as after an arrest, post, Book 1, Part 2, Chap. 1, s. 8.] 13. Rule of Allowance. [Same as after an arrest, post, Book 1, Part 2, Chap. 1, s. 8.] C. D. V. 14. Summons to dispense with Bail in Error. [Commence the summons as usual, and let it be,] to show cause why the plaintiff in the said writ of error should not be at liberty A. B. to proceed in the said writ of error without bail or recognizance, In error. on his undertaking to prosecute his said writ of error without delay, and why the said writ of error, until the determination thereof, shall not operate as a stay of execution against the said plaintiff. [See 1 Chit. Ar. Pr. 364.] 15. Entry of the Judgment and Docket. [Same as ante, 102, 108.] [See 1 Chit. Ar. Pr. 368.] 16. Transcript. This is a mere copy of the Roll, including the Judgment. 17. The Return of the Chief Justice of the Q. B. The answer of the Right Honourable 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. [See 1 Chit. Ar. Pr. 367, 368.] DENMAN 18. The Return of Chief Justice of C. P. or Chief Baron of the Exchequer. The answer of Sir Nicholas Conyngham Tindal, knt., the chief justice within named, [if in Exchequer, "of James Lord Abinger, chief baron of the Court of Exchequer."] The transcript of the record of proceedings in the plaint whereof mention is within made follows in these words. 19. Entry of Non-pros for not transcribing. in the Afterwards, to wit, on the year of the reign aforesaid, our lady the queen hath sent to her right trusty and well-beloved the Right Honourable Thomas Lord Denman, her chief justice assigned to hold pleas in the court of our said lady the queen before the queen herself, [if in the C. P. " to Sir Nicholas Conyngham Tindal, knt., her chief justice of the Common Bench," if in the Exch. " to the barons of her Exchequer," her writ close in these words, to wit: Victoria, [&c. proceed, copying the writ to the end; then continue the entry in a new paragraph, thus:] And a day is thereupon given to the said C. D. here, until the next ensuing (a), that is to say, for the said C. D. to certify the said record. At which day comes here the said A. B. by P. A. his attorney; and the said C.D. (although solemnly called) doth not come, nor hath he certified the said record, nor doth he further prosecute his said writ of error, but therein makes default; therefore it is considered that the said C. D. take nothing by his writ aforesaid, but that he be in mercy &c., and that the said A. B. do go thereof without day &c. [See 1 Chit. Ar. Pr. 368.] 20. Non-pros in Exchequer Chamber for not assigning Errors. Pleas in the Exchequer Chamber at Westminster, before Sir Nicholas Conyngham Tindal, knight, chief justice of the Common Bench of our (a) See R. H. 4 W. 4, reg. 10; 1 Chit. Ar. Pr. 369, 370. Sovereign lady the queen, James Lord Abinger, chief baron of the Exchequer of our said lady the queen of the degree of the coif; Sir knight; Sir knight; Sir —, knight; and Sir knight, the four other justices of the Common Bench of our said lady the queen; and also before Sir, knight; Sir knight; Sir knight; and Sir —, knight, the four other Barons of the Exchequer of our said lady the queen, of the degree of the coif, [in error from the Common Pleas it will be "before the justices of the Queen's Bench and the barons of the Exchequer," from the Exchequer, before the justices of the Queen's Bench and Common Pleas," naming them as above,] on the day of in the year of the reign of Queen Victoria. Our sovereign lady the queen hath sent to her right trusty and wellbeloved the Right Honourable Thomas Lord Denman, her chief justice assigned to hold pleas in the court of our lady the queen before the queen herself, [if in the Common Pleas, "to Sir Nicholas Conyngham Tindal, knight, her chief justice of the Common Bench," if in the Exchequer, "to the barons of her Exchequer,"] her writ close in these words, to wit: Victoria [&c. proceed, copying the writ of error to the teste, exclusive, and then thus:] At which day, by virtue of the said writ, a transcript of the record and proceedings in the plaint aforesaid, with all things concerning the said judgment, are brought before the justices of the Common Bench of our lady the queen, and the barons of the Exchequer of our said lady the queen, [if in the Common Pleas," before the justices aforesaid, to hold pleas in the court of our lady the queen, before the queen herself, and the barons, &c.," if in the Exchequer, "before the justices aforesaid, to hold pleas in the court of our said lady the queen, before the queen herself, and the justices of the Common Bench of our lady the queen,"] aforesaid, into the Exchequer Chamber of our said lady the queen, in a certain schedule to the said writ annexed, [in Common Pleas or Exchequer, omit the words "in a certain schedule, &c."] according to the exigency of the said writ. And hereupon come into court here, in the said Exchequer Chamber, as well the said A. B. as the said C. D. in their proper persons; and the said A. B. prays that the said C. D. may assign error or errors in the record or proceedings aforesaid; whereupon a day is given to the said C. D. to assign error or errors in the record or proceedings aforesaid, until the day of - next, &c.; the same day is given to the said A. B. here. Pleas in the Exchequer Chamber at Westminster &c. [as in the first placita, supra, altering the date] on [the day above given to assign errors.] At which day comes into court here, in the said Exchequer Chamber, the said A. B. in his proper person; but the said C. D., although solemnly called, doth not come, but makes default, nor doth he further prosecute the said writ of error against the said A. B. Therefore it is considered that the said C. D. take nothing by his said writ of error, but that he be in mercy &c., and that the said A. B. do go thereof without day &c.; and it is further considered, that the said . B. do recover against the said C. D. £ for his damages, costs, and charges, which he hath sustained and expended by reason of the delay of execution of the judgment aforesaid, on pretence of prosecuting the said writ of error, by the court here adjudged to the said A. B., according to the form of the statute in such case made and provided, and with his assent. 21. Entry thereof upon the original Judgment Roll. Afterwards, to wit, on (the teste of the writ of error) our said lady the queen sent to her right trusty and well beloved the Right Honourable Thomas Lord Denman, her chief justice assigned to hold pleas in the court of our said lady the queen, before the queen herself, [if in the Common Pleas, "Sir Nicholas Conyngham Tindal, knight, her chief justice of the Common Bench," if in the Exchequer, "to the barons of her Exchequer,"] her writ close in these words, to wit: Victoria [&c. proceed, copying the writ of error to the teste, exclusive, and then thus:] At which day, by virtue of which said writ, a transcript of the record and proceedings in the plaint aforesaid were thereupon brought before the justices of the Common Bench of our said lady the queen, and the barons of the Exchequer of our said lady the queen aforesaid, [if in the Common Pleas or Exchequer, alter this as in last form,] into the Exchequer Chamber of our said lady the queen, in a certain schedule to the said writ annexed, [in Common Pleas or Exchequer omit the words " in a certain schedule, &c."] according to the exigency of the said writ. And thereupon came into the said Court of Exchequer Chamber as well the said A. B. as the said C. D. in their proper persons; and the said A. B. prayed that the said C. D. might assign error or errors in the record and proceedings aforesaid; and thereupon a day was given to the said C. D. to assign error or errors in the record and proceedings aforesaid, until the day of then next, &c., the same day was given to the said A. B. there. At which day came into the said Court of Exchequer Chamber the said A. B. in his proper person; but the said C. D., although solemnly called, came not, but made default; nor did he further prosecute the said writ of error against the said A. B. Therefore it was considered by the said Court of Exchequer Chamber that the said C. D. should take nothing by his said writ of error, but that he should be in mercy &c.; and that the said A. B. should go thereof without day &c.; and it was further considered that the said A. B. should recover against the said C. D. £for his damages, costs, and charges, which he had sustained and expended by reason of the delay of execution of the judgment aforesaid, on pretence of prosecuting the said writ of error, by the said Court of Exchequer Chamber adjudged to the said A. B., according to the form of the statute in such case made and provided, and with his assent &c. [See 1 Chit. Ar. Pr. 121.] 22. Fi. fa. thereon, in Q. B. Victoria [&c. same as usual, post, adapting it to the form of action, to the words "whereof the said C. D. is convicted, as appears to us of record" inclusive, and then thus:] together with interest upon the said sum of - at the rate of £4 per centum per annum, from the day of in the year of our Lord on which day the judgment aforesaid was entered up (a); and also which in our Court of Exchequer Chamber, at Westminster, before our justices of the Bench, and the barons of our Exchequer of the degree of the coif, were adjudged to the said A. B. according to the form of the statute in such case made and provided, for his damages, costs, and charges which he had sustained and expended on occasion of the delay of execution of the judgment aforesaid, (a) An application to the Court of Exchequer Chamber for interest appears to be unnecessary since 1 & 2 Vict. c. 110, s. 17, except in cases of judgments entered before 1st October, 1838, in which case, under 1 & 2 Vict., interest can be levied from that day only. If interest be allowed by the court of error, the above clause as to interest should be omitted. |