36. Execution thereon.

[The form of a fi. fa. or ca. sa. after judgment of affirmance is the same as that after a non-pros for not assigning errors, see ante, 116, No. 22 to 27, except the substitution in the former, of the words "the said judgment being in our said Court of the Exchequer Chamber in all things affirmed,' instead of the words "because the said C. D. did not prosecute the said writ of error with effect."]

37. Judgment of Reversal upon a Writ of Error by a Defendant. [Same as the judgment of affirmance, ante, 120, No. 34, to the asterisk*, and then thus:] that there is manifest error in the record and proceedings aforesaid, and in giving the judgment aforesaid: Therefore it is considered by the said Court of Exchequer Chamber, that the judgment aforesaid for the errors aforesaid, and for other errors in the said record and proceedings being, be reversed, annulled, and altogether holden for nought, and that the said C. D. be restored to all things which he hath lost by occasion of the said judgment &c.

[The form of the entry thereof upon the original judgment roll is the same as that ante, 121, No. 35, except as to the judgment, which must be altered to correspond with the above form.]

[See 1 Chit. Ar. Pr. 376, 377.]

38. The like upon a Writ of Error, by a Plaintiff, in an Action of

Debt.

[Same as the judgment of affirmance, ante, 120, No. 34, to the asterisk, and then thus:] that there is manifest error in the record and proceedings aforesaid, and in giving the judgment aforesaid: Therefore it is considered by the said Court of Exchequer Chamber, that the judgment aforesaid, for the errors aforesaid, and for other errors in the said record and proceedings being, be reversed, annulled, and altogether holden for nought; and that the said A. B. do recover against the said C. D. his debt aforesaid, and £- as well for his damages which he hath sustained on occasion of the detaining the said debt, as for his costs and charges by him about his suit in that behalf expended, by the said court of our said lady the queen now here adjudged to the said A. B. and with his assent; and that he have execution thereof.

[The form of the entry thereof upon the original judgment roll is the same as that ante, 121, No. 35, except as to the judgment, which must be altered to correspond with the above form.]

39. Execution thereon.

[The execution is the same as the forms in debt, post, 150, &c., except instead of saying "in our court before us," say "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," or "in our Court of Exchequer Chamber at Westminster before our justices aforesaid, assigned to hold pleas in our court before us, and the barons of our Exchequer of the degree of the coif," or "in our Court of Exchequer Chamber

at Westminster before our justices aforesaid assigned to hold pleas in our court before us and our justices of the Bench, according as the writ of error may have been from the Q. B., or C. P., or Exchequer.

[See 1 Chit. Ar. Pr. 380.]

40. Judgment of Reversal, upon a Writ of Error by Plaintiff, in any other Action.

[Same as the judgment of affirmance, 120, No. 34, to the asterisk*, and then thus:] that there is a manifest error in the record and proceedings aforesaid, and in giving the judgment aforesaid. Therefore it is considered by the said Court of Exchequer Chamber here, that the judgment aforesaid, for the errors aforesaid, and for other errors in the said record and proceedings being, be reversed, annulled, and altogether holden for nought; and that the said A. B. ought to recover against the said C. D. his damages on occasion of the premises.

41. Entry thereof upon the original Judgment Roll, with award of

Inquiry.

[Same as the entry, ante, 121, No. 35, to the end of the judgment, and then on a new line, thus:]

Afterwards, to wit, on in the year last aforesaid, before our said lady the queen at Westminster comes [if in Common Pleas or Exchequer, omit "before our said lady the queen," &c. and insert "comes here,"] the said A. B. by his attorney aforesaid, and prays the writ of our said lady the queen to be directed to the said sheriff of commanding him that by the oath of twelve good and lawful men of his bailiwick he diligently inquire what damages the said A. B. hath sustained as well by reason of the premises as for his costs and charges by him about his suit in this behalf expended; and it is granted to him, &c.; and thereupon the said sheriff is commanded that by the oath of twelve good and lawful men of his bailiwick he diligently inquire, [&c. conclude as in the ordinary form of an award of inquiry, see the respective forms, post.]

42. Writ of Inquiry thereon.

Victoria, [&c. proceed as in the ordinary form of an award of inquiry, see the form, post, to the words, "brought his suit, &c." inclusive.] And such proceedings were thereupon had in our said court, before us [if in Common Pleas, "before our justices," if in Exchequer, "before our barons of our Exchequer,"] at Westminster aforesaid, that it was considered by the same court that the said A. B. should take nothing by his plaint aforesaid; but that he and his pledges to prosecute (a) should be in mercy &c., and that the said C. D. should go thereof without day &c. And it was further considered by the same court, that the said C. D. should recover against the said A. B. £- for his costs and charges by him laid out about his defence in that behalf, by the same court adjudged to the said C. D. and with his assent, according to the form of the statute in such case made and provided: and that the said C. D. should have execution

(a) Omit this as to the pledges, if not in the original judgment.

thereof &c. And thereupon the said A. B. afterwards brought and prosecuted our writ of error, in our Court of Exchequer Chamber at Westminster, before our justices of the Common Bench [if in Common Pleus, "before our justices assigned to hold pleas in our court before us,"] and the barons of our Exchequer of the degree of the coif [if in Exchequer "before our barons assigned to hold pleas in our court before us and our justices of the Bench,”] for the reversal of the said judgment; and such proceedings were thereupon had in our said Court of Exchequer Chamber at Westminster aforesaid, that it was considered by our said Court of Exchequer Chamber, that the judgment aforesaid, for certain errors assigned therein by the said A. B., and for other errors in the record and proceedings aforesaid being, should be reversed, annulled, and altogether held for nothing; and the said A. B. ought to recover against the said C. D. his damages on occasion of the premises &c. Therefore, to the end that the said damages may be ascertained, and that the said A. B. may have judgment for the same and execution thereon, we command you, that by the oath of twelve good and lawful men of your bailiwick, [&c. conclude as in a common writ of inquiry, for which see the respective forms, post.]

43. Entry on the original Judgment Roll of the Return of Writ of Inquiry, and final Judgment.

[The same as in ordinary cases, for which see post.]

44. Execution thereon.

[The same as in ordinary cases, for which see post, 148, &c.]

45. Scire Facias quare Restitutionem non.

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," or in Exchequer, "before our barons of our Exchequer,"] at Westminster, by P.A. his attorney, [or if in person, "in his own proper person,"] complained of C. D who was summoned [as in the commencement of declaration] to answer the said A. B. in an action of trespass [or as the action was] and such proceedings were thereupon had in our said court, that afterwards by the consideration and judgment of the said court the said A. B. recovered against the said C. D. in that action £- for his damages which he had sustained, as well by reason of certain trespasses alleged to have been committed by the said C. D. as for his costs and charges by him about his suit in that behalf expended: (a) and thereupon afterwards the said C. D. brought and prosecuted our writ of error in our Court of Exchequer Chamber at Westminster, before our justices of the Common Bench, and our barons of our Exchequer, of the degree of the coif [if in the Common Pleas, "before our justices assigned to hold pleas in our court before us, and our barons of our Exchequer of the degree of the coif," if in the Exchequer, “before our justices assigned to hold pleas in our court before us, and our justices of the Bench at Westminster,"] for the reversal of the said judgment; and such proceed

(a) This must of course correspond with the original judgment.

ings were thereupon had in our said Court of Exchequer Chamber at Westminster aforesaid, that by our said Court of Exchequer Chamber it was considered that the judgment aforesaid, for certain errors therein by the said C. D. assigned, and for other errors in the record and proceedings being, should be reversed, annulled, and altogether holden for nought, and that the said C. D. should be restored to all things which he had lost by occasion of the said judgment, &c. as appears to us of record.* And now, on the behalf of the said C. D. in our said court before us [or if in C. P. or Exch. vide supra,] we have been informed that the said A. B. hath had his execution of the damages aforesaid, on pretence of the said judgment of our court before us, [or if in C. P. or Exch. vide supra,] and is yet possessed thereof; and the said C. D. hath thereupon humbly besought us to provide him a proper remedy in this behalf: Now we, being willing that what is just in this behalf should be done, command you, that by honest and lawful men of your bailiwick you make known to the said A. B. that he be before us [if in Common Pleus, "before our justices at Westminster," if in Exchequer, "before our barons of our Exchequer at Westminster,"] on -- -, to show if he hath or knoweth of any thing to say for himself why the said C. D. ought not to have restitution of the damages aforesaid, according to the force, form, and effect of the judgment of our Court of Exchequer Chamber aforesaid, and further to do and receive what our said court before us [or if in C. P. or Exch. vide supra] shall then and there consider of him in this behalf; and have there then the names of those by whom you shall so make known to him, and this writ. Witness, (name of chief justice or chief baron), at Westminster, the day of in the year of our reign. [See 1 Chit. Ar. Pr. 380.]

46. Writ of Restitution.

[Same as the last form, to the asterisk,* and then thus:] And whereas the said A. B. hath had his execution of the damages aforesaid, on pretence of the said judgment of our court before us [or if in C. P. or Exch. vide last form], and is yet possessed thereof, as we have been given to understand and be informed: therefore we command you, that if it can be made appear to you that the said A. B. hath had his execution of the damages aforesaid by virtue of the judgment aforesaid, then without delay you cause the said C. D. to have full restitution of the said £; "and if you cannot cause him to have restitution thereof, then that you cause to be levied of the goods and chattels of the said A. B. in your bailiwick, the said sum of £——, and cause that money to be delivered without delay to the said C. D.; and in what manner you shall have executed this our writ make appear to us" [or if in C. P. or Exch. vide the return in last form,] and have there this writ. Witness (name of chief justice or chief baron), at Westminster, the day of

our reign.

in the

year of

[Or, instead of the words between the inverted commas, you may insert this clause: "and if you cannot cause him to have restitution thereof, then that you take the said A. B. if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us (or if in C. P. or Exch. see return in last form:+] and in what manner you shall have executed this our writ make appear to us [or if in C. P. or Exch. see supra] on the day and at the place above written."]

[See 1 Chit. Ar. Pr. 380.]

II. WRIT OF ERROR TO THE HOUSE OF LORDS, AFTER AFFIRMANCE OR REVERSAL IN THE EXCHEQUER CHAMBER,

1. Præcipe for the Writ.

to wit: Writ of Error for C. D. at the suit of A. B. on a judgment in debt [or as the form of action may be] in the Q. B. [or "C. P.” Or "Exch. of Pleas," as the case may be] affirmed in the Exchequer Chamber, returnable immediately.

D. A. attorney.

[See 1 Chit. Ar. Pr. 381.]

1839.

2. The Writ.

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 wellbeloved the Right Honourable Thomas Lord Denman, our chief justice assigned to hold pleas in our court before us [or if from C. P. or Exch. as ante, 110,] greeting: Because 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. or Exch. as ante, 110,] of a plea of debt, [or as the action may be,] between A. B. and C. D., a transcript of which said record and proceedings, by reason of error happening therein, we, according to the form of the statute in that case made and provided, caused to be brought before our justices of the Common Bench, and the barons of our Exchequer of the degree of the coif, in our Exchequer Chamber, [if from C. P. or Exch. as ante, 110,] and the judgment thereupon is affirmed [or "reversed"] as it is said manifest error hath intervened, to the great damage of the said C. D., as by his complaint we are informed. We being willing that the error, if any there be, should in due manner be corrected, and full and speedy justice done to the parties aforesaid in this behalf, do command you, that if the judgment be thereupon given and affirmed [or" if the judgment thereupon given for the said C. D. be reversed"] then without delay you distinctly and openly send, under your seal, the record and proceedings aforesaid, with all things touching the same, to us in our present parliament [or if the writ be sued out after prorogation and before the next meeting of parliament, then "to us in our present parliament, at the next session thereof," or if after a dissolution, then "to us in our next parliament,”] together with this writ; that the record and proceedings aforesaid being inspected, we may cause further to be done thereupon, with the assent of the lords spiritual and temporal in the same parliament, as of right, and according to the laws and customs of England, ought to be done. Witness ourself at Westminster, the in the year of our reign. [See 1 Chit. Ar. Pr. 381.]

day of

3. Note of Allowance.

[Same as the form, ante, 111.]

4. Note of Bail for the Master.

[Same as ante, 111, except that instead of "error to the Exchequer Chamber," ," "error to parliament," must be inserted.]