chequer, as ante, 129,] may in all things be affirmed, and that he may be restored to all things which he hath lost by occasion of the said reversal, &c. In the House of Lords. V. [See 1 Chit. Ar. Pr. 382.] 25. Common Joinder thereto. And thereupon the said C. D., by D. A. his attorney, comes and says, that there is no error in the reversal of the judgment C. D. 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 of reversal by the said Court of Exchequer Chamber in manner aforesaid given, may in all things be affirmed, and the judgment aforesaid by the said court of our lady the queen before the queen herself [if in C. P. or Exchequer, as ante, 129,] stand and remain reversed and annulled &c. But because [&c. conclude as in the joinder, ante, 131.] [See 1 Chit. Ar. Pr. 383.] 26. Petition for hearing Writ or Error, after Affirmance in the To the right honourable the lords spiritual and temporal, in parlia- The humble petition of A. B. defendant, in a writ of error in parliament, wherein C. D. is plaintiff, Showeth, That your petitioner obtained a judgment after verdict in the Court of Queen's Bench [or "C. P." or "Exch. of Pleas," against the said C. D. in an action of debt for £- which in term last, on a writ of error brought by the said C. D. in the Exchequer Chamber, was unanimously affirmed by all the judges of the Court of Common Pleas and barons of the Exchequer [if C. P. or Exchequer mutatis mutandis, see ante, 110:] That the said C. D. hath lately brought a writ of error returnable in parliament, with an intent thereby, as your petitioner is advised and believes, to delay your petitioner, in a most unreasonable and unusual manner, from the recovery of his just debt. That the record and proceedings in the said action have since been duly removed into the said court of our lady the queen in her parliament. That the plaintiff in error hath assigned his errors, and your petitioner hath joined in error. Your petitioner therefore most humbly prays your lordships to appoint such a day, for taking the premises into your consideration, and arguing the said errors, as to your lordships' great wisdom shall seem meet. And your petitioner shall ever pray, &c. [See 1 Chit. Ar. Pr. 384.] Upon reading the petition of A. B. the defendant in a writ of error depending in this house, wherein C. D. is plaintiff, setting forth that the petitioner having obtained a judgment &c. [proceed as in the petition] and praying that a day may be appointed for taking the premises into consideration, and arguing the said errors, as to this house shall seem meet; it is ordered by the lords spiritual and temporal in parliament assembled, that the plaintiff in error be served with a copy of the said petition, and this order; and that this house will hear counsel thereupon on — day of next, at the [This and the preceding form may be easily adapted to the case of a writ of error after a reversal in the Exchequer Chamber.] [See 1 Chit. Ar. Pr. 384.] 28. Judgment of Affirmance for Plaintiff, in the House of Lords, after Judgment of Affirmance in Exchequer Chamber. [After the assignment of error and joinder and curia advisari vult, proceed. At which day, before the same court of parliament at Westminster, come as well the said C. D. as the said A. B. in their proper persons; whereupon all and singular the premises being seen and by the court of parliament aforesaid now here fully understood, and as well the record and proceedings aforesaid, and the judgment thereon given, as the said causes and matters by the said C. D. above for error assigned, being diligently examined and inspected, and mature deliberation being thereupon had, it seems to the court of parliament aforesaid now here,† that there is no error, either in the record and proceedings aforesaid, or in giving the judgment aforesaid in the affirmance of the same judgment, and that the said record is in nowise vicious or defective. Therefore it is considered by the same court of parliament, that the judgment aforesaid, in form aforesaid given, and also the affirmance of the same judgment, be in all things affirmed and stand in their full force and effect, the said causes and matters by the said C. D. above for error assigned in anywise notwithstanding: And it is further considered, by the same court of parliament now here, that the said A. B. do recover against the said C. D. —, by the same court of parliament adjudged to the said A. B. and with his assent, 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 the said writ of error. C. P. Clerk of Parliament. [See 1 Chit. Ar. Pr. 384.] day of -, in the 29. Entry of Proceedings and Affirmance in the House of Lords. Afterwards, to wit, on the year of the reign of our sovereign lady the now queen, the said lady the queen sent to her right trusty and well-beloved Thomas Lord Denman, the chief justice of the same lady the queen, assigned to hold pleas in the court of the said lady the queen, before the queen herself [if in the C. P. or Exchequer, as ante, 129,] her writ close in these words, to wit, Victoria, [&c. here copy the writ of error, and proceed as follows:] By virtue of which said writ, the said chief justice [if in the Exchequer, the lord chief baron of the said Exchequer,"] with his own proper hands brought the record and proceedings in the plaint aforesaid, with all things concerning the same, to our said lady the queen in this present parliament, in a certain record to the said writ annexed, according to the exigency of that writ. 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 this present parliament at Westminster, in the county of Middlesex, assembled, comes the said C. D. in his proper person, and immediately says, that in the record and proceedings aforesaid, and in giving and affirming the judgment aforesaid, there is manifest error, [&c. here copy the assignment of errors and joinder:] But because the court of our said lady the queen before the queen herself in her parliament, are not yet advised what judgment to give of and upon the premises, a day is therefore given to the parties aforesaid, before our said lady the queen in her parliament, until , the day of next ensuing, wheresoever &c., to hear their judgment of and upon the premises, because the court of our said lady the queen in her parliament are not yet advised thereof &c. At which day, before the same court of parliament at Westminster aforesaid, come as well the said C. D. as the said A. B.: whereupon all and singular the premises being seen &c. [conclude as in the last.] [See 1 Chit. Ar. Pr. 384.] 30. Judgment of Affirmance for Defendant, after Judgment of Affirmance in Exchequer Chamber. [Same as ante, 133, No. 28, reversing the names of the plaintiff and defendant.] 31. Entry thereof on the original Judgment Roll. [Same as ante, 133, No. 29, mutatis mutandis.] 32. Judgment of Affirmance for Defendant after Judgment of Reversal for him in Exchequer Chamber. [Procced as in the form, ante, 133, No. 28, to the*, reversing the names of the plaintiff and defendant, then proceed thus:] and the judgment thereon by the said Court of Exchequer Chamber given in form aforesaid, as the said causes and matters by the said A. B. above for error assigned, being diligently examined and inspected, and mature deliberation being thereupon had, it seems to the court of parliament now here, that there is no error in giving the said judgment by the said Court of Exchequer Chamber as aforesaid. Therefore it is considered by the same court of parliament, that the judgment aforesaid by the said Court of Exchequer Chamber as aforesaid given, be in all things affirmed and placed in full force and effect, the said causes and matters by the said A. B. above for error assigned in anywise notwithstanding: And it is further considered [conclude as ante, 133, No. 28, reversing the names of the plaintiff and defendant.] 33. Entry thereof on the Roll. [Same as ante, 190, No. 29, mutatis mutandis.] 34. Execution on such Judgments. [The writs of execution may be readily framed from the forms, ante, 130, 116, 117, 118, mutatis mutandis. 35. Judgment of Reversal where Judgment in Q. B. for Plaintiff was reversed in Exchequer Chamber. [Proceed as in the form, suprà, No. 32, to the daggert, and then thus:] that there is manifest error in giving the said judgment in form aforesaid, by the Court of Exchequer Chamber aforesaid. Therefore it is considered by the said court of our lady the queen in her parliament here, that the judgment aforesaid by the said Court of Exchequer Chamber in form aforesaid given, for the errors aforesaid, and for other errors therein being, be reversed, annulled, and altogether holden for nought, and that the said A. B. be restored to all things which he hath lost by occasion of the said judgment, &c. 36. The like, where Judgment for Defendant was affirmed in Exchequer Chamber. [Proceed as in the form, suprà, No. 32, to the dagger †, and then thus:] that there is manifest error in the record and proceedings aforesaid, and in giving and affirming the judgment aforesaid. Therefore it is considered by the said court of our lady the queen in her parliament here, that the judgment aforesaid, by the said Court of Exchequer Chamber in form aforesaid given, and also the judgment aforesaid of the said court of our lady the queen before the queen herself, (if in the C. P. or Exchequer, see ante, 125, No. 19,) for the errors aforesaid, and for other errors therein being, be reversed, annulled, and altogether holden for nought, and that the said A. B. be restored to all things which he hath lost by occasion of the said several judgments*, and also that he ought to recover against the said C. D. [&c. as in the judgments of reversal, ante, 122, mutatis mutandis.] 37. The like, where Judgment for Plaintiff was affirmed in Exchequer Chamber. [Proceed as in the last form to the asterisk*, and then thus:] And thereupon the record and proceedings aforesaid are remitted from the said court of our lady the queen in her parliament here, to the said court of our lady the queen before the queen herself, (if in C.P. or Exchequer, see ante, 125, No. 19,) in order that the said C. D. may have restitution thereupon, &c.] 38. Entry thereof upon the original Judgment Roll. [Same as the forms, ante, 129, 133, respectively, mutatis mutandis.] 39. Execution &c. thereupon. [The writs of execution and of inquiry, where requisite, may framed from the forms, ante, 116, 122.] be easily 40. Scire Facias quare Restitutionem non. Writ of Restitution. [These may easily be framed from the forms, ante, 124, 125.] III. WRIT OF ERROR FROM INFERIOR COURTS OF RECORD TO THE COURT OF QUEEN'S BENCH. 1. Pracipe for Writ. to wit. Writ of error for C. D. late of gentleman, at the suit of A. B. on a judgment in an action on the case (as the action may be,) [in the Palace Court] returnable on ———, wheresoever, &c. D. A. attorney, [See 1 Chit. Ar. Pr. 385.] 2. Writ of Error from the Palace Court. 1839. Victoria [&c. as ante, 110,] to the judges of our court of our palace at Westminster, and to each of them, greeting: Because in the record and proceedings, and also in the giving of judgment in a plaint which was before you, in the court of our palace aforesaid, without our writ, between A. B. and C. D., in an action on the case, (or as the action is), 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 judgment be thereupon given, then you send to us, distinctly and openly, under your seal, or the seal of one of you, the record and proceedings of the plaint aforesaid, with all things touching the same, and this writ, so that we may have them on -, wheresoever we shall then be in England, that the record and proceedings aforesaid being inspected, we may cause to be further done thereupon for correcting that error what of right, and according to the law and custom of England, ought to be done. Witness ourself at Westminster, the in the year of our reign. day of [See 1 Chit. Ar. Pr. 385.] 3. The like, from the County Palatine of Lancaster. Victoria [&c. as ante, 110,] To our chancellor of our county palatine of Lancaster, or to his deputy there, greeting: Forasmuch as in the record and process, and also in the giving of judgment in a plaint which was in our court before our justices at Lancaster, by our writ, between A. B. and C. D. in an action on the case, (or as the action is,) 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 [&c. as in the last] do command you, that by our writ, under the seal of the said county, you cause to be given in charge to our justices at Lancaster, that if judgment be thereupon given, then they send to you under their seals, into the Chancery of the said county, the record and process aforesaid, with all things touching the same, which are in their custody, as it is said, on next ensuing, and our writ, which came to them thereupon: And do you send to us, distinctly and openly, under the seal of the said county, the record and process aforesaid, and this writ, so that we may have them on wheresoever we shall then be in England, that the record and process aforesaid being inspected, we may cause further to be done thereupon [&c. conclude as in the last.] [See 1 Chit. Ar. Pr. 385.] |