66 on pretence of prosecuting our writ of error brought thereupon by the said C. D. against the said A. B., because the said C. D. did not prosecute the said writ of error with effect; whereof the said C. D. is also convicted, as by the record and proceedings of our said justices and barons, before them had in the premises also appears to us of record; and have the said monies, with interest as aforesaid, before us at Westminster immediately after the execution hereof [or on -"] to be rendered to the said A. B. for his damages, costs, and charges [and interest] aforesaid; and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf: and how you shall have executed this our writ make appear to us at Westminster immediately after the execution thereof; and have there then this writ. Witness (nume of chief justice), at Westminster, year of our reign. [See 1 Chit. Ar. Pr. 380.] the day of in the 23. The like in C. P. of A. D. Victoria [&c. same as usual, post, adapting it to the form of action, to the words" whereof the said C. D. is convicted," inclusive, and then thus:] together with interest upon the said sum of £- (amount of judgment) at the rate of £4 per centum per annum, from the day on which day the judgment aforesaid was entered up: (a) And also £——, which in our Court of Exchequer Chamber at Westminster, before our justices assigned to hold pleas in our court before us, and the barons of our Exchequer of the degree of the coif, were adjudged [&c. as in the preceding form, from the to the t,] barons before them had in the premises also appears to us of record; and have those monies before our justices at Westminster immediately after the execution hereof [or "on the day of next,"] to be rendered to the said A. B. for his damages, costs, and charges aforesaid; and that you do all such things as by the statute passed in the second year of this reign you are authorized and commanded to do in this behalf: and how you shall have executed this our writ make appear to our justices at Westminster immediately after the execution thereof; and have there this writ. Witness · (name of chief justice of C. P.), at Westminster, the day of, in the year of our reign. 24. The like in Exchequer. Victoria [&c. same as usual, post, to the words "as by inspecting the rolls of our said Exchequer," inclusive, and then thus:]" together with interest upon the said sum of £- (amount of judgment) at the rate of £4 per cent. per annum, from the day of A. D. on which day the judgment aforesaid was entered up (a): And also £which in our Court of Exchequer Chamber at Westminster, before our justices assigned to hold pleas in our court before us and our justices of the Bench, were adjudged [&c. as in the form, ante, 116, No. 22, from the to the +] before them had in the premises also appears to us by inspecting the rolls of our said Exchequer; and have those monies before the barons of our said Exchequer at Westminster immediately after the execution hereof [or "on"], to be then and there paid to the said A. B. or his attorney on his behalf; and that you do all such things as by the sta (a) See note (a) last page. tute passed in the second year of our reign you are authorized and commanded to do in this behalf: and how you shall have executed this our writ make appear to the barons of our said Exchequer at Westminster immediately after the execution thereof, and have you there this writ. Witness (name of chief baron), at Westminster, the year of our reign. in the 25. Ca. sa. thereon, in Q. B. day of [Same as usual post, adapting it to the form of action, to the words "whereof the said C. D. is convicted," inclusive, and then thus:] as appears to us of record; together with interest, [proceed as in the fi. ja. ante, 116, No. 22, to the words, " also appears to us of record" inclusive,] and have there this writ. Witness (name of chief justice), at Westyear of our reign. [See 1 Chit. Ar. Pr. 385.] minster, the day of in the 26. The like in C. P. [Same as usual, post, adapting it to the form of action, to the words "whereof the said C. D. is convicted," inclusive, and then thus: together with interest, [&c. proceed as in the fi. fa. ante, 116, No. 22, to the words appears to us of record" inclusive,] and have there this writ. (name of chief justice), at Westminster, the year of our reign. 66 the 27. The like, in the Exchequer. Witness day of in [Same as usual, post, adapting it to the form of action, to the words, as by inspecting the rolls of our said Exchequer," inclusive, and then thus:] together with interest, [&c. proceed as in the fi. fa. ante, 116, No. 22, to the words " also appears to us by inspecting the rolls of our said Exchequer," inclusive,] and have you there this writ. Witness (name of chief baron), at Westminster, the year of our reign. day of 28. Assignment of Common Errors. In the Exchequer Chamber. Afterwards, that is to say, on the C. D. V. day of in the A.D. before the justices of our lady the queen of the Bench, and A. B. the barons of the Exchequer of our said lady the queen of the In error. degree of the coif [if from the C. P. " 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 aforesaid, by the record afore said, appears to have been given for the said A. B. to have or maintain his aforesaid action thereof 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. [See 1 Chit. Ar. Pr. 370.] 29. Common Joinder in Error. In the Exchequer Chamber. On the day of —, A. D. 1840. A. B. ats. C. D. And hereupon the said A. B. by P. A. his attorney, comes and says that there is no error, either in the record and proceedings aforesaid, or in the giving the judgment aforesaid, and In error. he prays that the said justices and barons [in error from the Exch., 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 that the judgment aforesaid, in manner aforesaid given, may in all things be affirmed, &c. But because the said justices and barons [in error from the Exchequer, omit" and barons," in the Exchequer Chamber here, are not yet advised what judgment to give of and upon the premises, a day is therefore given to the parties aforesaid here, until to hear their judgment thereon, for that the said justices and barons [in error from the Exchequer, omit “ and barons"] in the Exchequer Chamber aforesaid are not yet advised thereof, &c. [See 1 Chit. Ar. Pr. 372.] 30. Notice of the Case being set down for Argument (a). In the Exchequer Chamber. C. D. plaintiff, บ. A. B. defendant. In error. Take notice, that the issue joined in this case is set down with the Clerk of the Errors for argument on next, and that the same will be argued accordingly. Dated this To Mr. P. A. plaintiff's attorney. day of A. D. 1840. Your's &c. D. A. defendant's attorney. [See 1 Chit. Ar. Pr. 374, 375.] 31. Notice of Motion for Interest. (b) In the Exchequer Chamber. Between C. D. plaintiff, In error. Take notice, that this honourable court will be moved, on (a) No entry of the proceedings is now requisite. See 1 Chit. Ar. Pr. 375. (b) As the interest allowed by the Court of Exchequer Chamber is only £4 per cent., Levy v. Langridge, 4 next, M. & W.337, this application is, since 1 & 2 Vict. c. 110, s. 17, not necessary, unless the judgment were entered up before 1st October, 1838, in which case 1 & 2 Vict. c. 111, allows interest from that day. for a rule, that it may be referred to the clerk of the errors to compute upon the judgment on which that writ of error has been brought, after the rate of £4 per cent. per annum, from the time of final judgment being entered up, until the affirmance of the said judgment in the said court; and that such interest may be added to the damages for which such final judgment was entered up. Dated this day of—, 1840. To Mr. P. A. Attorney for plaintiff in error. Your's, &c. D. A. Attorney for defendant in error. [See 1 Chit. Ar. Pr. 378.] 32. Affidavit in support of Application, since the 3 & 4 Will. 4, In the Exchequer Chamber. Between C. D. plaintiff, and In error. P. A. of —, gentleman, maketh oath and saith, that on the day of A. D. the said A. B. recovered and signed a final judgment against the said C. D. in her majesty's Court of Queen's Bench [or "C. P." or "Exchequer of Pleas,"] for the sum of £- ; and this deponent further saith, that the said C. D. brought a writ of error on the said judgment returnable in this honourable court, and upon which writ the said judgment was on · affirmed in and by this court. And this deponent further saith, that he did, on the day of instant, [or "last"] serve a true copy of the notice hereunto annexed on Mr. who acts as attorney or agent for the said A. B., by leaving 's house [or "chambers"] in the same at the said Mr. his clerk there. with P. A. 33. Rule of Court thereon (c). In the Exchequer Chamber. C. D. V. On reading the affidavit of P. A. gentleman, and according to the statute in such case made and provided, it is A. B. ordered, that it be referred to the clerk of the errors to cal In error. culate and ascertain the amount of the interest upon the final judgment obtained in the court of Queen's Bench, after the rate of 41. per cent. per annum, from the time of final judgment being entered up, until the affirmance of the said judgment in this court; and that such interest may be added to the damages for which such final judgment was entered up. Upon the motion of Mr. By the Court. [See 1 Chit. Ar. Pr. 378.] 34. Judgment of Affirmance. [To the end of the issue, and award of venire in the original action, and then on a new line, thus:] (a) See note (b) last page. The statute leaves the court no option to refuse interest; Levy v. Langridge, 4 M. & W. 337. Pleas in the Exchequer Chamber, &c. [as ante, 114, No. 20, altering the date, and then proceed on a new line, thus:] At which day come here into court in the said Exchequer Chamber, as well the said C. D. as the said A. B. in their proper persons, whereupon all and singular the premises being considered, and as well the record and proceedings aforesaid, and the judgment aforesaid thereon given, as also the cause for error above assigned, being by the court of our said lady the queen here diligently examined and fully understood, it appears to the said court of our said lady the queen here*, that the judgment aforesaid is not in anywise erroneous or defective, and that in the record and proceedings aforesaid there is not any error: Therefore it is considered, that the judgment aforesaid be in all things affirmed, and stand in its full force, strength, and effect, the said cause above for error assigned and alleged in anywise notwithstanding: And it is further considered, that the said A. B. recover against the said C. D. £-, by the court of our said lady the queen here adjudged to the said A. B., and with his assent, according to the form of the statute in that case made and provided, 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 the prosecution of the said writ of error. [See 1 Chit. Ar. Pr. 376, 377.] 35. Entry thereof on the original Judgment Roll. Afterwards, to wit, on (the teste of the writ of error) our said lady the queen sent to her 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 from the Common Pleas or Exchequer alter this as directed, ante, 115, No. 21,] her writ close in these words, to wit: Victoria, [&c. copy the writ of error to the teste, exclusive, and then thus:] 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, [if from the Common Pleas or Exchequer, see ante, 115, No. 21,] aforesaid, into the Exchequer Chamber of our said lady the queen, in a certain schedule to the said writ annexed, [if in C. P. or Exch. 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 C. D. as the said A. B. in their proper persons: and the said C. D. thereupon said, that in the record and proceedings, [&c. copy the assignment of errors in the past tense.] And thereupon the said A. B. said that there was no error, [&c. copy the joinder in error and the curia advisari vult, in the past tense.] At which day came into the said Court of Exchequer Chamber as well the said C. D. as the said A. B. in their proper persons. Whereupon all and singular the premises being considered, and as well the record and proceedings aforesaid, and the judgment aforesaid thereon given, as also the cause for error assigned as aforesaid, being by the said court of our said lady the queen there diligently examined and fully understood, it appeared to the said court [&c. copy the judgment, stating it in the past tense.] [See 1 Chit. Ar. Pr. 376, 377.] G |