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V. Writ of ERROR CORAM NOBIS OR CORAM VOBIS,

1. Præcipe for Writ of Error, Coram Nobis or Vobis.

(to wit.) Writ of error, coram nobis (or “ vobis,") for C. D. at the suit of A. B. [or if by plaintiff, " for A. B. against C. D.”) on a judgment in case (or as the form of action is], in the Queen's Bench, [or “ C. P." or " Exchequer of Pleas,"] returnable on —

D. A. attorney,

1839.

2. The IVrit. Victoria [&c. as ante, 110,] to our justices assigned to hold pleas in our court before us if in the Common Pleas or Exchequer, see 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 in the Common Pleus,“ before you and your associates, our justices of the Bench aforesaid," if in the Exchequer, “ before you"] between A. B. and C.D. in an action on the case (or as the form of action is), as it is said, which said record and proceedings now remain before us (if in the C. P. or Exchequer, as supra), as it is said manifest error hath intervened, to the great damage of the said C. D. [or if the writ of error be brought by baron and feme, on a judgment against the feme,“ to the great damage of E. D. and the said C. his wife,"] as by his (or “their”) 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 the record and proceedings aforesaid being inspected, you 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

day of
in the

year of our reign.

[See 1 Chit. Ar. Pr. 289.]

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3. The like, in Q. B. on Abatement of former Writ, on Judgment

of Inferior Court. Victoria, [&c. as ante, 110,] to our justices assigned to hold pleas in our court before us, greeting : Because in the record and proceedings, and also in the giving of judgment in a plaint which was in our court of our palace, &c. (see ante, 110] between A. B. and C. D. late of, of a plea of trespass on the case (or, as the plea is,] as it is said, which said record and proceedings, by reason of error happening therein, we have caused to be brought, and the same now remain before us, as it is said manifest error hath intervened, to the great damage of E. F. administrator of all and singular the goods, chattels and credits which were of the said A. B. who is dead intestate, as it is said, as by the complaint of the said E.F. 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 [&c. conclude us in the last.]

[See 1 Chit. Ar. Pr. 389.]

4. Writ of Error, Coram Nobis, for reversing Outluwry in Q. B. Victoria [&c. as ante, 110, No. 2,] to our justices assigned to hold pleas before us, greeting : Forasmuch as in the record and process, and also in the publication of an outlawry, published against C. D. late of —, in an action on promises [&c. as ante, 110, No. 2,] whereupon he is outlawed in London, (or “in the county of --"] at the suit of A. B. returnable before us, 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 said error, if any there be, should be duly amended, and full and speedy justice done to the said C. D. in this behalf, do command you, that if the said outlawry be returned before us, as hath been said, then, inspecting the said record and process, you may cause further to be done thereupon what of right, and according to the law and custom of England, ought to be done. Witness ourself at Westminster, the day of in the

year of our reign. By Sir

-, knight, attorney-general ? of our lady the queen.

5. The like, Corum Vobis, for reversing Outlawry, in C.P. Victoria, [&c. as ante, 110, to our right trusty and well-beloved Sir Nicholas Conyngham Tindal, knight, our chief justice of the Bench, greeting; Forasmuch as in the record and process, and also in the publication of an outlawry, published against C. D. late of —, in an action on promises, [&c. as ante, 142, No. 2,] whereupon he is outlawed in London, (or " in the county of -"] at the suit of A. B., returnable before you and your associates, our justices of the Bench aforesaid, as it is said manifest error hath intervened, to the great damage of the said C. D., as bę his complaint we are informed: We being willing [&c. proceed as in the last,] do command you, that if the said outlawry be returned before you and your associates, our said justices of the Bench aforesaid, as hath been said, then inspecting the said record and process [&c. conclude as in

the last.]

6. Affidavit of Coverture, to obtain Allowance of Writ of Error, Coram

Nobis or Vobis.
In the Q. B. (or “C. P.” or Exch. of Pleas."]

A. B. plaintiff, C. D. defendant. T. W. of maketh oath and saith, that he well knows E. D. the defendant in this cause, and her husband C. D. of -: And this deponent further saith, that the said E. D. was at the time of the com mencement of this suit married to and the wife of the said C. D.; and this deponent verily believes that the said C. D. is now living, he this deponent having seen and conversed with him on the day of this instant

W. W. Sworn [&c. (a).]

[See 1 Chit. Ar. Pr. 390.]

7. Rule of Allowance of Writ of Error, Coram Nobis. B.

It is ordered, that the writ of error issued between the parties in

this cause be allowed : and upon the plaintiff in error putting in and D. Sjustifying his bail within four days next ensuing, that further pro

(a) See Index, title " Jurat,"

V.

ceedings be stayed on the judgment in the original action, until the said writ of error now depending between the parties be determined.

By the Court. [See 1 Chit. Ar. Pr. 389.]

8. The like of Writ of Error, Corum Vobis, for reversing an Outlawry. B. 7. Upon reading the writ of error upon the outlawry in this cause, v. it is ordered, that the said writ of error be allowed ; and that upon D. Sthe plaintiff in error putting in and perfecting bail upon the said writ of error, in such manner as the court here shall direct and appoint, within four days, all further proceedings upon the said outlawry do cease, until the said writ of error be determined. On the motion of Mr

By the Court.

V.

In error.

9. Affidavit of Cause of going beyond Sea, to govern Form of Recognizance

of Bail in Error, on Outlawry, in Q. B. or C. P. In the Q. B. (or "C. P.or “Exch. of Pleas."]

C. D. plaintiff,

A. B. defendant, C. D. of the above-named plaintiff, maketh oath and saith, that he hath sued out and obtained this writ of error, for the purpose of setting aside the judgment of outlawry which has been obtained against him by the above-named defendant; And this deponent further saith, that he was abroad, in foreign parts and beyond the seas, to wit, at in the kingdom of before and at the time when the writ of exigent was awarded and issued against bim in this cause; and that he this deponent remained abroad, in the said parts beyond the seas, from thence until at and after the time of awarding and issuing the said writ, and pronouncing the judgment of outlawry thereon: And this deponent further saith, that he went abroad to the said parts beyond the seas, for the purpose of settling his affairs, (or “of transacting his business as a merchant,” or otherwise according to the fact;] and that he did not go abroad to the said parts beyond the seas, or remain there as aforesaid, for the purpose of avoiding or eluding the process of this honourable court, or of defeating the said court or the proceedings therein; nor was he this deponent at all aware of any process being sued out against him, at the suit of the said defendant, until after the said judgment of outlawry was so pronounced as aforesaid.

C. D. Sworn (&c. (a)]:

(See Chit. Ar. Pr. 390. See a form, Tidd's Forins, 505.]

10. The Bail. [As to the putting in bail, see 1 Chit. Ar. Pr. 390. The forms may be easily framed from those, ante, 111, 8c. and from those in bail to the action, post.]

11. Entry of Non-pros for not assigning Errors. Afterwards, to wit, on —

-, in the

year of the reign of our said lady the queen, come here C. D. and the said E. D. his wife, by D. A. their attorney, and bring into court here a certain writ of our said lady the queen for correcting error of and upon the premises aforesaid, and they

(a) See Index, title “ Jurat.”

pray that the said writ may be allowed, and it is allowed by the said court here, &c.; and which said writ follows in these words, to wit: Victoria, by the grace of God (&c. here copy the writ to the end.] And thereupon, e--, comes here the said A. B. by P. A. his attorney, and 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. here, until in this term, to assign errors in the record and proceedings aforesaid ; at which day comes here the said A. B. by his attorney aforesaid; and the said C. D. although solemnly called, comes not, but makes default, nor doth he assign errors in the record and proceedings aforesaid, nor doth he further prosecute his said writ of error against the said A. B. Therefore it is considered that [conclude as in the form, ante, 115, altering it if ike judgment be in C. P. or Erch.]

12. Erecution thereon. [See the forms, ante, 116, 117, 118, which may be easily mude applicable, mutatis mutandis.

13. Assignment of Errors and subsequent Proceedings where Errors are

matters of Law, as to reverse an Outlawry, for insufficiency of the Erigi facias, gc. In the Q. B. (or C. P.”] C. D.). Afterwards, to wit, on -- comes here the said C. D. by

D. A. his attorney, and immediately says, that in pronouncing A. B. )of the outlawry aforesaid, there is manifest error in this*, to wit, that the said writ of exigi facias is insufficient, invalid, and void in law: therefore in that there is manifest error ; there is also error in this, to wit, (&c. assigning the errors :) and the said C. D. prays the writ of our lady the queen to warn the said A. B. to be before the said lady the queen, (if in C. P. “ before the justices here,if in Erch. “ before the barons here,"] to hear the record and proceedings aforesaid ; and it is granted to him &c.

[See 1 Chit. Ar. Pr. 390.]

14. Rule to plead thereto. (This is obtained from the master in Q. B., from the prothonotary in the C. P., and from the master in the Erchequer.)

[See 1 Chit. Ar. Pr. 391.]

15. Joinder in Error. [Sce the form, ante, 119, No. 29, which may be easily made applicable, mutatis mutandis.]

[See 1 Chit. Ar. Pr. 391.]

16. Entry of the Proceedings thereon upon the Roll. [The sume as ante, 144, No. 11, to the end of the writ, and then add the assignment of errors, joinder, and the cur. adv. vult.]

[See 1 Chit. Ar. Pr. 391.]

H

17. Copies of Proceedings for the Judges.
[These are copies of the entry of the proceedings on the roll.]

[See 1 Chit. Ar. Pr. 391.]

18. Jemorandum for Rule for Judgment thereon.
In the Q. B.
D.
Rule for judgment on writ of error, coram nobis.

Dated 1839.
B.

P. A. plaintiff's attorney. [See 1 Chit. Ar. Pr. 391, 392.]

19. Judgment thereon. [See the forms, ante, 120, 121, 122, which may be readily made applicuble. ]

20. Erecution thereon. [See the forms, ante, 122, 124, which may be readily made applicable.]

21. Restitution thereon. [See the form, ante, 125, No. 46, which may be readily made applicable.)

V.

In error.

22. Assignment of Errors and subsequent Proceedings where the Errors are

matters of fact, as of coverture of Defendant ut the time of bringing

Action,
In the Q. B. (or “ C. P." or " Exch. of Pleas."]

C. D. Afterwards, to wit, on -, comes here C. D. and E. his and wife wife, which said E. was and is impleaded in this suit by the

name of E. F., in their proper persons, and say that in the A. B. record and proceedings aforesaid, and also in giving the judg

ment aforesaid, there is manifest error in this, to wit, that before the day of the commencement of the said suit of the said A. B. against the said E. by the name of E. F., and before the giving of the judgment aforesaid, to wit, on —

aforesaid, the said E. intermarried with and took to husband the said C. D., and that she the said E., at the time of the commencement of the said suit, and also at the time of giving the judgment aforesaid, was and yet is covert of the said C. D. then and yet her husband, to wit, at aforesaid; therefore in that there is manifest error ; and this they the said C. D. and E. his wife are ready to verify; wherefore they pray that the judginent aforesaid, for the error aforesaid, may be revoked, annulled, and altogether held for nothing, and that they may be restored to all things which they have lost by occasion of the judgment aforesaid, &c.

[See 1 Chit. Ar. Pr. 392.)

at

23. Assignment of Error to reverse Outlawry, that the Defendant was

beyond sea at the time of the exigent awarded. [The same as ante, 145, No. 13, to the*, en thus :] that the said C. D. before and at the time of awarding and issuing the writ of exigi facias,

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