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5. Notice of Bail.

[Same as ante, 112.)

6. Affidavit of Sufficiency. [Same as ante, 112.]

7. One Day's Notice of Exception where Affidavits have been made

pursuant to Rule Trin. Term, 1 Will. 4. [Same as ante, 112.]

8. Notice requiring Justification at the Judge's Chambers. [Same as ante, 113.]

9. The Form of Affidavit to procure leave to add another Bail. [Same as after an arrest, post, Book 1, Part 2, Chap. 1.]

10. Rule for better Bail.

[Same as ante, 113.]

11. Notice of Justification. [Same as ante, 113.]

12. Affidavit of Service of Notice of Justification. [Same as after an arrest, post, Book 1, Part 2, Chap. 1.]

13. Rule of Allowance. [Same as after an arrest, post, Book 1, Part 2, Chap. 1.]

14. The Return upon the Writ of Error in Q. B. [Same as ante, 114, except that transcript of the" must be omitted ; instead of I certify to the justices,” &c. “ I humbly certify to our sovereign lady the queen in her parliament," must be inserted.]

[See 1 Chit. Ar. Pr. 382.]

15. The like, in C. P. or Exchequer. [Same as ante, 114, omitting in each transcript of the."]

16. Entry of Non-pros, for not transcribing [Same as ante, 114.]

term

17. Petition that the Record be remitted, upon Plaintif not assigning

Errors, where Julgment affirmed by Exchequer Chamber(a). To the Right Honourable the Lords Spiritual and Temporal in Parlia

ment assembled. The humble petition of A. B., defendant, in a Writ of Error in

Parliament, wherein C. D. is plaintiff. Showeth,

That your petitioner in term last obtained a judgment in the Court of Queen's Bench, [or“ C. P.” or “ Exch of Pleas,"] against the said C. D. in a certain action of (debt.]

That the said C. D. thereupon brought a writ of error in the Court of Exchequer Chamber, and the judgment aforesaid was in — last affirmed by the judges of the Common Pleas and barons of the Exchequer, (or “the Q. B." and " barons of the Exchequer,” or “the Q. B.” and C. P.”] in the Exchequer Chamber aforesaid.

That the said C. D. hath thereupon brought a writ of error in the court of our lady the queen in her parliament, for the purpose (as your petitioner is advised and verily believes) of delaying your petitioner in obtaining execution upon his said judgment.

That the record and proceedings aforesaid have, on or about the day of

instant, been removed into the court of our said lady the queen in her parliament aforesaid. And that although the same have been so removed as aforesaid, the said C. D. hath not as yet assigned his

Your petitioner, therefore, humbly prays your lordships to order

that the record and proceedings aforesaid may be remitted to
the said Court of Queen's Bench, [or “C. P." or " Excb. of
Pleas,"] to the end that your petitioner may have execution
thereupon.
And your petitioner will ever pray, &c.

A. B. [This may be easily adapted to the cuse of a writ of error after a reversal in the Exchequer Chamber.]

[See 1 Chit. Ar. Pr. 382.]

error.

18. Order thereupon. Upon reading the petition of A. B., showing that in term last he obtained a judgment in a certain action in the Court of Queen's Bench, [or “C. P.” or “Exch. of Pleas,"] against C. D., and that the said C. D. thereupon afterwards brought a writ of error in the Court of Exchequer Chamber, where the said judgment was affirmed; and that the said C. D. hath for delay brought his writ of error thereupon in this house, and that the record and proceedings aforesaid have been removed hither, but that the said C. D. hath not as yet assigned errors therein; and praying that the record of proceedings aforesaid may be remitted to the said Court of Queen's Bench, [or “ C. P." or " Exch. of Pleas,"] to the end that he may have execution thereupon, it is ordered by the lords spiritual and temporal in this present parliament assembled, that the said C. D. do and he is hereby required to assign error thereon on or before

next, at of the clock in the forenoon, otherwise the said record and proceed

(a) As there is no longer any occasion for a remittitur of the record, in order to have execution, it is question

able whether the prayer of this petition is correct.

ings shall be and are hereby remitted, to the end that the said A. B. may have execution thereupon, as if no such writ of error had been brought in this house.

C. P. Clerk of Parliament. [This may be easily adapted to the case of u writ of error on a reversal in the Exchequer Chamber.]

[See 1 Chit. Ar. Pr. 382, 383.]

year of

19. Judgment of Non-pros, for not assigning Errors. Afterwards, to wit, on the day of —, in the the reign of our sovereign lady Victoria, before our said lady the queen and the peers of this realm in this present parliament at Westminster, in the county of Middlesex, assembled, come 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 errors in the record and proceedings aforesaid; and thereupon a day is given to the said C. D. before our said lady the queen in her parliament aforesaid, to assign errors in the record and proceedings aforesaid, until the — day of next; and the same day is given to the said A. B. aforesaid: At which day, before our said lady the queen in her parliament aforesaid, comes the said A. B. in his proper person; and the said C. D., although solemnly called, doth not come, but makes default, nor doth be further prosecute the said writ of error against the said A. B. Therefore it is considered by the said court of our said lady the queen in her parliament, 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 by the said court of our said lady the queen in her parliament, that the said A. 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 said court of our said lady the queen in her parliament here adjudged to the said A. B. and with his assent, according to the force of the statute in such case made and provided.

C. P. Clerk of Parliament. [See 1 Chit. Ar. Pr. 383.]

20. 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 C. P. or Erch. see ante, 115,] her writ close in these words, to wit: Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, [&c. here copy the writ of error, and proceed as follows :] And thereupon the said chief justice, (if in the Erch. “ the lord chief baron of the said Exchequer,"] without delay, the record and proceedings aforesaid, with all things touching the same, distinctly and openly did send to our said lady the queen in her said parliament, as by the said writ he was commanded. Afterwards, to wit, on the

day of

in the

- year of the reign of our said lady the queen, before our said lady the queen and the peers of this realm in parliament at Westminster, in the county of Middlesex, assembled, came the said A. B. in his proper person, and prayed that the said C. D. might assign errors in the record and proceedings aforesaid ; and thereupon a day was given to the said C. D. before

our said lady the queen in her parliament aforesaid, until the day of to assign errors in the record and proceedings aforesaid; at which day, before our said lady the queen, in her parliament aforesaid, came the said A. B. in his proper person; and 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 our said lady the queen in her parliament, 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 by the said court of our said lady the queen, in her parliament, 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, by the said court of our said lady the queen in her parliament there adjudged to the said A. B. and with her assent, according to the form of the statute in such case made and provided.

21. Fi. fa. &c. thereon, in Q.B. [Same as form, ante, 116, to the words, “ also appears to us of record,” inclusive, then thus :] and also £-, which in our court of parliament 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 hath sustained and expended by reason of the delay of the execution of the judgment aforesaid, on pretence of prosecuting our other writ of error brought thereupon by the said C. D. against the said A. B., the said judgment and the said affirmance thereof in our said Court of Exchequer Chamber being in all things in our said court of parliament also affirmed; because the said C. D. did not prosecute our said writ of error with effect, whereof the said C. D. is also convicted, as by the inspection of the record and proceedings thereof also appears to us of record; and have you the said monies before us immediately after the execution hereof (or

-,"] to render unto the said A. B. for his damages (or “ debt and damages,"] costs and charges aforesaid; and that you do all such things as by the statute passed in the second year of our reign you are authorised 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 you there this writ. Witness Thomas Lord Denman, at Westminster, the

day of

in the year of our reign.

[Forms of a fi. fa. in the other courts, and also forms of a ca. sa. may be easily framed from the above and the forms of those writs, ante, 117, 118.]

[See 1 Chit. A1. Pr. 385.]

on

V.

22. Assignment of Common Errors where the Judgment was affirmed in the

Erchequer Chamber. In the House of Lords. C. D.) Afterwards, that is to say, on the day of —, in the

-year of the reign of our sovereign lady Victoria, before our A. B. Isaid lady the queen and the peers of this realm in this present parliament at Westminster, in the county of Middlesex, assembled, comes the said C. D. by D. A. his attorney, and says that in the record and proceedings aforesaid, and in giving and affirming 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 of the said court of our lady the queen before the queen herself, [if from the C. P. “ before her justices of the Bench at Westminster," if from the Exch. “ before the barons of her Exchequer,"] by the record aforesaid appears to have been given for the said A. B. against 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 Å. B.; therefore in that there is manifest error: and also there is error in this, that the judgment aforesaid was affirmed in the Court of Exchequer Chamber of our said lady the queen, whereas by the law of the land the said judgment ought to have been reversed; therefore in that there is manifest error. And the said C. D. prays that the judgment and affirmance thereof 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 and the said affirmance thereof, &c.

[See 1 Chit. Ar. Pr. 382.]

23. Common Joinder thereto. In the House of Lords. A.B.) 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 C. D. S aforesaid, or in giving or affirming the judgment aforesaid,

and he prays that the court of our lady the queen in her parliament here may proceed to examine as well the record and proceedings aforesaid, as the matters aforesaid assigned for error, and that the judgment aforesaid, in manner aforesaid given, and the affirmance thereof aforesaid, may be in all things affirmed, &c.; but because the said court of our said lady the queen in her parliament 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 court of our said lady the queen in her parliament here are not yet advised thereof, &c.

[See 1 Chit. Ar. Pr. 383.]

24. Assignment of Common Errors, where the Judgment was reversed in

the Exchequer Chamber. In the House of Lords. A. B. Afterwards, that is to say, on the day of —, in the

year of the reign of our sovereign lady Victoria, before our C. D. said lady the queen and the peers of this realm in this present parliament at Westminster, in the county of Middlesex, assembled, comes the said A. B. by his attorney, and says, that in reversing the judgment aforesaid there is manifest error in this, that the said judgment was reversed in the Court of Exchequer Chamber of our said lady the queen, whereas by the law of the land the said judgment ought to have been affirmed; therefore in that there is manifest error. And the said A. B. prays, that the said judgment of reversal, so given by the said Court of Exchequer Chamber as aforesaid, may be reversed, annulled, and altogether holden for nought, and that the judgment of the said court of our lady the queen before the queen herself aforesaid, (if in C. P. or in Ex

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