11. Writ of Supersedeas. 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 C. D. is detained in our prison under our custody by virtue of our writ of capias issued out of our Court of Queen's Bench, [or “ C. P.” or "Exch. of Pleas,"] at Westminster, to you directed, and dated the day of —, A.D. —, to answer A. B. in an action on promises, (or as the form of action is,) and because it sufficiently appears to our said Court that the said C. D. hath found good and sufficient bail to answer the said A. B. in the action aforesaid; therefore we command you that if the said C. D. be detained in our prison under your custody by virtue of the said writ, and for no other cause, then do you immediately discharge the said C. D. out of your custody, and permit him to go at large, as you will answer the contrary at your peril. Witness, (name of chief justice, or in Exch, of chief baron,) at Westminster, the day of year of our reign. [See 1 Chit. Ar. Pr. 613.] in the XII. PAYMENT OF MONEY INTO COURT IN LIEU OF SPECIAL BAIL. 1. Notice of Defendant's Intention to pay £10 into Court, and to allow the Sums deposited in the Sheriff's hands in lieu of Bail to him, to remain in Court in lieu of Special Bail. In the Q. B. [or " C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. Take notice, that I have paid [or "intend paying "] into court, the sum of £10 as an additional security for the costs of this action, and that that sum, together with the sum of £ (the sum indorsed on the writ and paid to the sheriff,) and the sum of £10 for costs, which, in lieu of bail to the sheriff, were by the defendant deposited in his hands, and which have been paid into court, will remain in court to abide the event of this suit, or the further order of the court; and thereupon that the defendant will enter a common appearance (a) instead of putting in and perfecting special bail, pursuant to the statute in such case made and provided. Dated this day of 1840. To Mr. P. A. Yours, &c. D. A. Defendant's attorney, [or "agent."] [See 1 Chit. Ar. Pr. 615.] Plaintiff's attorney, [or "agent."] 2. Rule for paying into Court £10 for Costs, and to allow the Sums deposited in the Sheriff's hands in lieu of Bail to the Sheriff, to remain in Court in lieu of Special Bail. In the Q. B. [or " C. P." or " Exch. of Pleas."] On the day of A.D. 1840. B. It is ordered, that the defendant have leave to pay into court the V sum of £10 as an additional security for the costs of this action, D. and that that sum, together with the sum of £, (the sum indorsed on the writ and paid to the sheriff,) and the sum of £10 for costs, which, in lieu of bail to the sheriff, were by the defendant deposited in his (a) If a common appearance has already been entered to the writ of summons, state the fact accordingly. hands, and which have been by him paid into court, shall remain in court to abide the event of this suit, or the further order of the court; and thereupon that the defendant enter a common appearance instead of putting in and perfecting special bail, pursuant to the statutes in such case made and provided; upon notice of the rule being given to the plaintiff. Side Bar. [See 1 Chit. Ar. Pr. 615.] By the Court. 3. Rule for paying Money into Court in lieu of Special Bail. In the Q. B. [or "C. P." or " Exch. of Pleas."] B. V. D. On the day of —, A.D. 1840. It is ordered, that the defendant have leave to pay into court the sum of £for the debt, and the sum of £20 as a security for costs, making together the sum of £, to abide the event of this cause, or the further order of this court; and thereupon that the defendant enter a common appearance, instead of putting in and perfecting special bail, pursuant to the statute in that case made and provided; upon notice of the rule being given to the plaintiff. Side Bar. [See 1 Chit. Ar. Pr. 615.] By the Court. 4. Rule for Plaintiff's taking out of Court Part of the Sum paid in, in lieu of Bail. B. Upon reading the rule made in this cause on —— , (the date of the V. rule nisi,) the affidavit of P. A., and no cause being shown to the D. Scontrary; it is ordered that the plaintiff be at liberty to take the sum of £--, part of the sum of £- paid into court, in lieu of bail in this action, pursuant to the statute in that case made and provided, out of court; and unless the plaintiff shall accept thereof, with costs, to be taxed by one of the masters, in full discharge of this action, that the said sum of £—— be struck out of the declaration; and upon the trial of the issue that the plaintiff be prevented from giving evidence for the said sum of £--. Upon the motion of Mr [See 1 Chit. Ar. Pr. 616.] XIII. PROCEEDINGS BY AND AGAINST BAIL. 1. Render of the Principal. 2. Proceedings against Bail to the Action. 3. Proceedings against Bail in Error. 1. RENDER OF THE PRINCIPAL. 1. Memorandum of State of Cause in Q. B. in order to render a In the Queen's Bench. A. B. V. C. D. (the venue.) Defendant to render [or "be rendered"] in discharge of his bail in this action. Oath for £- -[or "bail for £-- by order of ——” (name of judge who made the order to hold to bail)] [if before declaration; adding, if afterwards," declaration filed, or delivered," "issue joined," or "interlocutory judgment signed;" and if after final judgment, say, “final judgment for £- debt and damages," or, in assumpsit, “for £damages and costs."] [See 1 Chit. Ar. Pr. 627, 628.] D. A. attorney. 2. Notice of Render. In the Q. B. [or " C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. Take notice, that the above defendant did this day render himself [or was this day rendered"] in discharge of his bail in this cause, at the suit of the above plaintiff, and was thereupon committed by the Honourable Mr. Justice to the custody of the marshal of the Marshalsea [or in C. P. or Exchequer, " to her majesty's prison of the Fleet"], there to remain until &c. Dated this day of 1840. Your's &c. D. A. attorney for defendant, [or " for the defendant's bail."] To Mr. P. A. plaintiff's attorney. [See 1 Chit. Ar. Pr. 628.] 3. Affidavit, in Q. B. or Exchequer, of Service of Notice of Render (a). In the Q. B. [or "Exch. of Pleas."] clerk to day of Between A. B. plaintiff and C. D. defendant. C. C. of gentleman, attorney for the defendant [or "defendant's bail"] in this cause, maketh oath and saith, that he this deponent did, on the instant, personally serve Mr. P.A. the plaintiff's attorney, with a true copy of the notice hereunto annexed [annex a copy, and if the service was on his clerk or servant, add, "by delivering the same to the clerk (or servant') of the said Mr. P. A. at his house (or chambers') in in the county of -"] Sworn [&c. ante, 207.] [See 1 Chit. Ar. Pr. 628.] 4. Minute of Render and Commitment, in Q. B. In the Queen's Bench. C. C. Between A. B. plaintiff and C. D. defendant. (the venue.) C. D. the above-named defendant, did this 1840, render himself [or "was rendered"] in discharge of his bail, at the suit of the above plaintiff, and was thereupon committed by the Honourable Mr. Justice day of there to remain until &c. to the custody of the marshal &c. [See 1 Chit. Ar. Pr. 629.] 5. The like, in Exchequer. In the Exchequer of Pleas. Between A. B. plaintiff and C. D. defendant. (the venue.) C. D., the above-named defendant, was this day rendered [or, if he voluntarily surrendered himself, "rendered himself"] (a) This is not necessary in C. P. in discharge of his bail in this cause, at the suit of the above-named plaintiff, and was thereupon committed by the Honourable Mr. Baron [or "the Right Honourable the Lord Chief Baron"] to the custody of the warden of her majesty's prison of the Fleet, there to remain until &c. Dated this day of 1840. 6. Entry of Render and Commitment in Q. B. [This entry is made in the marshal's book, which is kept in the master's office; you will see the form of the entry there. See Chit. Ar. Pr. 629.] 7. Entry of Exoneretur, in Exchequer, when the Defendant is rendered to the Fleet. The within-named defendant, having surrendered himself [or "been rendered"] in discharge of his bail, was thereupon committed to the custody of the warden of her majesty's prison of the Fleet, there to remain until &c. Dated this day of 1840. (Judge's signature.) 8. Judge's Order for rendering Defendant to a County Gaol. Whereas C. D. hath been held to special bail upon mesne process issued out of her majesty's court of at Westminster, in an action at the suit of A. B. (the sum sworn to [or "the sum for which the defend- P. 4. plaintiff's attorney, [or "agent."] [See 1 Chit. Ar. Pr. 631.] 9. Notice of lodging such Order, and of Defendant being in custody thereon. In the Q. B. [or "C. P." or "Exch. of Pleas."] the Between A. B. plaintiff and C. D. defendant. Take notice, that the above-named defendant was this day [or "on day of instant,' or "last"] rendered in discharge of his bail in this action to [or "in"] the common gaol of the county of pursuant to an order of the Honourable Mr. Justice [or "Baron"] day of instant [or "last"], and that the said dated the order has been duly lodged with the gaoler of the said goal, and that the said defendant is now actually in the custody of such gaoler by virtue of the said order. Dated this day of Yours, &c. 1840. C. D. the defendant [or " B. B. and J. B. the bail," or one of the bail of the defendant C. D." or "D. A., attorney" or "agent" of C. D. &c.] To Mr. P. A, plaintiff's attorney. [See 1 Chit. Ar. Pr. 630.] 10. Affidavit of Render, &c. to County Gaol. In the Q. B. [or "C. P."] (a). dated the day of Between A. B. plaintiff and C. D. defendant. D. A. of —, gentleman, maketh oath and saith, that the abovenamed defendant was, on the day of instant [or "last"], rendered to [or "in"] the common gaol of the county of [or "to the custody of the sheriff of the county of,"] in discharge of his bail in this action, pursuant to an order of the Honourable Mr. Justice [or "Mr. Baron"] instant [or "last"], and at the time of such render the said order was duly lodged with the gaoler of the said gaol, [or "with the keeper of the said sheriff's prison at in the said county,"] and that the said defendant is now actually in custody of such gaoler [or "keeper,"] by virtue of the said order. And this deponent further saith, that he did on the - day of instant [or "last"] serve Mr. P. A., the plaintiff's attorney [or "agent"] in this cause, with a true copy of the notice hereunto annexed [annex it], by delivering the same to the clerk [or "servant"] of the said Mr. P. A. at his chambers [or "house"] in in the county of [or if the service was personal on the plaintiff's attorney, state it accordingly; see ante, 269, No.3.] Sworn [&c. see unte, 207.] [See 1 Chit. Ar. Pr. 631.] 11. Habeas Corpus, to bring the Principal up, if in custody on a criminal account. Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of - (or other officer in whose custody the party may be,) greeting: We command you that you have the body of C. D. detained in our prison under your custody, as it is said, under safe and secure conduct, together with the day and cause of his being taken and detained, by whatsoever name he may be called or known, before our right trusty and well-beloved Thomas Lord Denman, our chief justice assigned to hold pleas in our court before us [or in C. P. "before our right trusty and well-beloved Sir Nicholas Conyngham Tindal, knight, our chief justice of the Bench;" or in Exchequer, "before the Right Honourable James Lord Abinger, chief baron of our Exchequer"] at his chambers in Rolls Garden, London, immediately after the receipt of this writ, to do and receive all and singular those things which our said chief justice [or “chief baron”] shall then and there consider of him in this behalf; and have there this writ. Witness (a) This is not necessary in the Exchequer, and perhaps not in the Q. B. or C. P. See 1 Chit. Ar. Pr. 629. |