27. Note of Appearance to Scire Facias. In the Q. B. [or "C. P." or " Exch. of Pleas."] A. B. against B. B. and J. B. bail of C. D. I appear for the bail, upon the writ of scire facias [or "alias scire facias"] issued in this cause. Dated this To Mr. P. A. plaintiff's attorney, [or "agent."] day of 1840. D. A. attorney for the said 28. Declaration in Scire Facias against Bail. 66 [Same as the forms, post, in scire facias on revival of a judgment after a year and a day, except that instead of the word “recovery," say cognizance."] re 29. Notice to plead.—Memorandum for Rule to plead, Demand of Plea. [See the forms, ante, 38.] 30. Plea, &c. [See the forms in scire facias, post, which may be readily made applicable to a plea by bail.] 31. Entry on Roll in Q. B. of Judgment by default after Appearance, for want of a Plea. As yet of term [&c. as ante, 279, No. 2.] Middlesex, to wit. Our lady the queen sent to her sheriff of Middlesex her writ close in these words, that is to say: Victoria [&c. copy the declaration in scire facias to the end, and proceed on a new line thus:] And the said B. B. and J. B. pray a day to imparl (a) to the said declaration of the said A. B., and it is granted to them &c.; and upon this a day is given to the parties aforesaid, before our lady the queen at Westminster, until, that is to say, for the said B. B. and J. B. to impal to the declaration aforesaid, and then to answer the same: At which day, before our said lady the queen at Westminster, comes the said A. B. in his proper person, and offers himself, on the fourth day, against the said B. B. and J. B. in the plea aforesaid: And the said B. B. and J. B. (although on that day solemnly demanded) come not, nor doth either of them come, nor do they or either of them show or say any thing why the said A. B. should not have execution against them and each of them respectively, for the aforesaid sum of £, according to the force, form, and effect of the aforesaid recognizance; whereby the said A. B. remains therein undefended against the said B. B. and J. B.: Therefore it is considered [&c. conclude as in the form, ante, 279.] on (a) The entry of continuances by way of imparlance, is put an end to by R. H. 4 Will. 4, r. 2. But although that rule extends to scire facias upon a judgment, Collins v. Beaumont, 5 Dowl. 700, it may be doubted whether it extends to a scire facias upon a recognizance. of Victoria."] [or year of the reign Middlesex, to wit. Our lady the queen sent to her sheriff of Middlesex her writ close in these words, that is to say: Victoria [&c. here copy the declaration in scire facias.] And on the said B. B. and J. B. by D. A. their attorney, come and say that the said A. B. ought not to have execution [&c. copy the pleadings, beginning each with a new line, and conclude with the award of the venire facias, or by giving a day to produce the record on an issue of nul tiel record, in the common form.] 33. Notice of Trial. [Same as usual, see the forms, ante, 50 to 52.] 34. Nisi Prius Record. [See the form, ante, 67.] 35. Jury Process. [See the forms, ante, 68, 69, but instead of the words "in an action on the case &c." say 66 on an issue in scire facias in debt."] 36. Postea. [Same as usual in debt, as ante, 92, except you state that] the jurors say upon their oath that [&c. stating the finding of the jury], in manner and form as the said A. B. hath within in pleading alleged. Therefore &c.] 37. Judgment for Plaintiff after Verdict. 66 In the Q. B. [or “ C. P.” or “ Exch. of Pleas."] On the day of, A. D. Middlesex, to wit. Our lady the queen sent to her sheriff of Middlesex her writ close in these words, to wit: Victoria [&c. copy the issue to the end of the award of the venire facias, and proceed thus:] Afterwards the jury between the parties [&c. as ante, 102, No. 1, concluding thus:] Therefore it is considered that the said A. B. have his execution against the said B. B. and J. B. of the damages [or " debt and damages"] aforesaid, according to the force, form, and effect of the said recognizance &c. It is also considered that the said A. B. do recover against the said B. B. and J. B £for his costs and charges by him laid out about his suit in this behalf, by the court now here adjudged to the said A. B. and with his assent, according to the form of the statute in such case made and provided, and the said B. B. and J. B. in mercy &c. 38. Docket Paper of Judgment after Verdict in Q. B. The entry [or "further entry"] of P. A. gentleman, one &c. on [or "of term, Victoria."] Middlesex. Judgment in scire facias on verdict between A. B. plaintiff and B. B. and J. B. bail of C. D. de- (Roll fendants, on their recognizance for £ and £ costs. debt --, 39. Fieri Facias against Bail, after Judgment on Scire Facias, in Q. B. Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of Middlesex, greeting: We command you, that of the goods and chattels of B. B. and J. B., the bail of C. D. in your bailiwick, you cause to be made £· which A. B. lately in our court before us at Westminster recovered against the said C. D. for his damages which he had sustained, as well on occasion of the not performing of certain promises then lately made by the said C. D. to the said A. B. [or if in debt "a certain debt of £which A. B. lately in our court before us at Westminster recovered against the said C. D., and also £——, which in our said court before us were adjudged to the said A. B. for his damages which he had sustained, as well on occasion of the detaining of the said debt,"] as for his costs and charges by him about his suit in that behalf expended; whereof the said C. D. is convicted, as appears to us of record: And whereupon it is considered in our same court before us, that the said A. B. have his execution against the said B. B. and J. B. of the damages [or "debt and damages"] aforesaid, according to the force, form, and effect of a certain recognizance by them the said B. B. and J. B. acknowledged in our said court before us, for the said C. D. at the suit of the said A. B. in the action aforesaid, as likewise appears to us of record: And also £——, which in our same court before us were adjudged to the said A. B. for his costs and charges which he hath been put unto, on occasion of our writ of scire facias sued out against the said B. B. and J. B. at the suit of the said A. B. in that behalf; whereof the said B. B. and J. B. are convicted, as also appears to us of record, together with interest upon the said several sums of £-- and £- at the rate of £4 per centum per annum from the [day of entering judgment against the bail on the sci. fa., or if entered before 1st October, 1838, say "from the 1st day of October, A. D. 1838," and omit the words "on which day the judgment aforesaid was entered up against the said B. B. and J. B.], and have the said monies before us at Westminster, immediately after the execution hereof [or 66 on -"], to be rendered to 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 authorized and required to do in this behalf, and in what manner you shall have executed this our writ make appear to us at Westminster immediately after the execution thereof; and have there then this writ. Witness, Thomas Lord Denman, at Westminster, the day of in the year of our Lord [See 1 Chit. Ar. Pr. 641.] day of A. D. 40. Testatum Fieri Facias against Bail, in Q. B., after Judgment on Scire Facias. Victoria, [&c. as supra, No. 39,] to the sheriff of greeting: 66 Whereas we lately commanded our sheriff of Middlesex, that of the goods and chattels of B. B. and J. B., the bail of C. D., in his bailiwick, he should cause to be made £- [or "a certain debt of £--,"] &c. (reciting the whole of the fi. fa. to the end :) and our said sheriff of Middlesex, on [or" at that day,"] returned to us, that the said B. B. and J. B. had not, nor had either of them, any goods or chattels, money, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, in his bailiwick, which he could seize or take, or pay or deliver to the said A. B., or whereof he could cause to be made the damages [or "debt and damages"], costs and charges, and interest aforesaid, or any part thereof: Whereupon, on the behalf of the said A. B. it is sufficiently testified in our said court before us, that the said B. B. and J. B. have sufficient goods and chattels in your bailiwick, whereof you may cause to be made the damages [or "debt and damages"], costs and charges, and interest aforesaid, and every part thereof: Therefore we command you, that of the goods and chattels of the said B. B. and J. B. in your bailiwick, you cause to be made the said £the damages aforesaid, [or "the said debt of £--," and £the said damages,] and the said £--, the costs and charges aforesaid, together with such interest as aforesaid; and that you have the said monies before us at Westminster, immediately after the execution hereof, [or on"] to be rendered to the said A. B. for his damages [or "debt and damages"], costs and charges, and interest aforesaid; and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf, and in what manner you shall have executed this our writ make appear to us at Westminster, immediately after the execution thereof; and have there then this writ. Witness [&c. conclude as in the preceding form.] [See 1 Chit. Ar. Pr. 641.] 41. Fieri Facias against Bail, in C. P., after Judgment on Scire Facias. Victoria, [&c. as ante, 284, No. 39,] to the sheriff of Middlesex, greeting: We command you, that of the goods and chattels of B. B. of one of the bail of C. D., in your bailiwick, you cause to be made £and of the goods and chattels of J. B. of another of the bail of the said C. D., in your bailiwick, you cause to be made £——, which the said B. B. and J. B. heretofore, to wit, on as of term, in theyear of our reign, in our court, before Sir Nicholas Conyngham Tindal, knight, and his companions, then our justices of the Bench at Westminster, severally acknowledged to owe to A. B., to be made of their and each of their lands and chattels, and to the use and behoof of the said A. B. be levied, in an action on promises [as the action was] to the damage of the said A. B. of £——, against the said C. D. in our same court of the Bench prosecuted; whereof the said C. D. was convicted, as by the record and proceedings thereof in our said court before our justices remaining, manifestly appears: And whereupon it is considered in our same court, that the said A. B. have his execution against the said B. B. and J. B. of the said several sums of £- and £- , by them in form aforesaid acknowledged, whereof the said B. B. and J. B. are convicted : And also £, which in our same court before our justices were adjudged to the said A. B. for his costs and charges which he hath been put unto on occasion of our writ of scire facias sued out against the said B. B. and J. B. at the suit of the said A. B. in that behalf, whereof the said B. B. and J. B. are also convicted; together with interest upon the said several sums of £- £ and £- respectively, at the rate of A. D. £4 per centum per annum, from the day of [the day on which judgment was entered on the sci. fa., or if entered before 1st October, 1838, say "from the 1st day of October, A. D. 1838," and omit the words "on which day the judgment aforesaid was entered up against the said B. B. and J. B.] the day on which the judgment aforesaid was entered up against the said B. B. and J. B., and have those monies before our justices at Westminster immediately after the execution hereof [or "on -"], to be rendered to the said A. B. according to the form and effect of the said recognizance, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf, and in what manner you shall have executed this our writ make appear to our justices at Westminster, immediately after the execution thereof; and have there this writ. Witness, Sir Nicholas Conyngham Tindal, knight, at Westminster, in the year of our reign. the day of 42. The like, in Exchequer. Victoria, [&c. as ante, 284, No. 39,] to the sheriff of Middlesex, greeting: We command you, that you omit not by reason of any liberty of your county, but that you enter the same, and of the goods and chattels of B. B. and J. B. in your bailiwick, you cause to be made £- which A. B. lately in our court before the barons of our Exchequer at Westminster recovered against C. D. for his damages which he had sustained, by reason of the not performing of certain promises then lately made by the said C. D. to the said A. B. as for his costs and charges by him about his suit in that behalf expended [or as the judgment was], whereof the said C. D. is convicted: And whereupon it is considered in our said court, that the said A. B. have his execution against the said B. B. and J. B. for his damages [or "debt and damages"] aforesaid, according to the form of their recognizance taken in our said court, as by inspecting the rolls of our said Exchequer appears to us: And also for £- -, which in our same court before our barons were adjudged to the said A. B. for his costs and charges which he hath been put unto on occasion of our writ of scire facias sued out against the said B. B. and J. B. at the suit of the said A. B. in that behalf, as by inspecting the rolls of our said Exchequer also appears to us, together with interest upon the said several sums of -- and £--, at the rate of £4 per centum per annum, from the day of- A. D. [the day on which judgment was entered up on the sci. fa., or if entered before 1st October, 1838, say "from the 1st day of October, A. D. 1838," and omit the words "on which day the judgment aforesaid was entered up against the said B. B. and J. B.”] on which day the judgment aforesaid was entered up against the said B. B. and J. B.; and have those monies before the barons of our said Exchequer at Westminster, immediately after the execution hereof [or " on -"], to be then and there paid to the said A. B. or his attorney in this behalf, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf, and in what manner you shall have executed this our writ make appear to the barons of our Exchequer at Westminster, immediately after the execution thereof; and have there this writ. Witness, James Lord Abinger, at Westminster, the day of, in the year of our reign. |