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43. Capias ad Satisfaciendum against Bail in Q. B. after Judgment on

Scire Facias. Victoria, [&c. us ante, 284, No. 39,] to the sheriff of Middlesex, greeting: We command you, that you take B. B. and J. B., the bail of C. D., if they be found in your bailiwick, and them safely keep, so that you may have their bodies before us at Westminster immediately after the execution hereof (or “on — -"], to satisfy A. B. £— which the said A. B. lately in our court before us 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. [ur 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 damage 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 Ă. B. in the action aforesaid, as also appears to us of record; and also to satisfy 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

-, [the day on which judgment was entered up on the sci. fa. or if entered up 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 there then this writ. Wit

·(name of chief justice), at Westminster, the in the year of our reign.

[See 1 Chit. Ar. Pr. 641.]

A. D.

ness

day of

44. The like, in C. P. [4 form may be readily framed from the preceding form, and the fi. fa., ante, 285, No. 41.]

45. The like, in Exchequer. (4 form may be readily framed from the form, supra, No. 43, and the fi. fa., ante, 286, No. 42.]

46. Testatum capias ad satisfaciendum against Bail in Q. B. after

Judgment in Scire Facias. Victoria, [&c. as ante, 284, No. 39,] to the sheriff of -, greeting: Whereas we lately commanded our sheriff of Middlesex that he should take B. B. and J. B., the bail of C. D., if they should be found in his bailiwick, and them safely keep, so that he might have their bodies before us at Westminster immediately after the execution hereof (or “on —"}, to satisfy A. B. [&c. reciting the whole of the capias ad satisfaciendum. And our said sheriff of Middlesex on (or " at that day "] returned to us, that the said B. B. and J. B. were not, nor was either of them, found in his bailiwick; whereupon on the behalf of the said A. B. it is sufficiently testified in our same court before us, that the said B. B. and J. B. lurk and secrete themselves in your county ; therefore we command you, that you take the said B. B. and J. B. if they be found in your bailiwick, and them safely keep, so that you may have their bodies before us at Westminster immediately after the execution hereof (or “on —"], to satisfy the said A. B. his damages (or “ debt and damages"], costs and charges and interest aforesaid ; and have there then this writ. Witness (name of chief justice), at Westminster, the day of in the year of our reign.

[See 1 Chit. Ar. Pr. 641.7

3. PROCEEDINGS AGAINST BAIL IN ERROR.

1. Entry of the Recognizance, on Error from the Q. B. As yet of term (the term of which the recognizance was taken),

in the year of the reign of Queen Victoria. Witness, Thomas Lord Denman.

Roll England, to wit:— Be it remembered, that on — in this same term, before our lady the queen at Westminster, come B. B. of — tailor, and J. B. of butcher, in their proper persons, and, according to the form of the statute in such case made and provided, acknowledge themselves to owe, and each of them doth acknowledge himself to owe, to the said A. B. the sum of £— (a), and do submit and grant for themselves and their heirs, and each of them doth submit and grant for himself and his heirs, that the said sum of £— shall and may be made of their and each of their lands and chattels, and levied to and for the use of the said A. B.

The condition of the above recognizance is such, that whereas the said A. B. lately, in the said court of our lady the queen, before the queen herself, at Westminster, impleaded C. D., in an action on promises: and such proceedings were thereupon bad in the said court, that afterwards, on the

A.D. — the said A. B., by the consideration and judgment of the said court, recovered against the said C. D. in that action £- for his damages which he had sustained, as well on occasion of the not performing the said promises, as for his costs and charges by him about his suit in that behalf laid out and expended, (or if the action were debt, say, “ in an action of debt for the sum of £-; and such proceedings were thereupon had in the said court, that afterwards, on the

the said A. B., by the consideration and judgment of the said court

, recovered against the said C. D. the said debt of £ as also £—, which in and by the said court were adjudged to the said A. B. for damages which he has sustained, as well on

day of

day of

A.D.

(a) See 1 Chit. Ar. Pr. 642.

occasion of the detention of the said debt, as for his costs and charges by him about his suit in that behalf laid out and expended,"] whereof the said C. D. was convicted, as by the record and proceedings thereof still remaining in the said court fully appears. And whereas the said C. D. hath brought a writ of error upon the judgment aforesaid, returnable before the justices of our lady the queen of the Bench, and the barons of her Exchequer of the degree of the coif, in the Exchequer Chamber, on -, (or if returnable in parliament, say

“ before our lady the queen in her parliament, without delay:"] If therefore the said C. D. shall prosecute the said writ of error with effect, and shall satisfy and pay unto the said A. B., if the judgment aforesaid shall be affirmed, or the said writ of error be discontinued by his default, or the said C. D. be nonsuit therein, as well the [debt and] damages aforesaid, as also all such damages, costs, and charges as shall be awarded to the said A. B. by the said Court of Exchequer Chamber, (or “ of our lady the queen in her parliament,"] by reason of the delay of execution of the judgment aforesaid on pretence of prosecuting the said writ of error, then this recognizance to be void, otherwise to be and remain in full force and effect.

[See 1 Chit. Ar. Pr. 643.]

2. The like, on Error from the Common Pleas. In the C. P.

term, (the term of which the recognizance was taken,) in the

year of the reign of Victoria. Be it remembered, that on the day of in this same term, the Right Honourable Sir Nicholas Conyngham Tindal, knight, chief justice of our lady the queen of the Bench at Westminster, hath delivered here into court, with his own proper hands, a certain recognizance, together with a certain condition of the said recognizance, to be inrolled of record, and it is inrolled in these words: B. B. of tailor, and J. B. of , butcher, on the

day of -, 1840, come in their own proper persons before Sir Nicholas Conyngham Tindal, knight, and his companions, justices of our lady the queen of the Bench at Westminster, and acknowledge themselves, and each of them by himself severally doth acknowledge himself, to owe to A. B. the sum of £-, to be levied of their lands and chattels, and of the lands and chattels of each of them, to the use of the said A. B.

The condition of this present recognizance is such, that whereas the said A. B. lately in her majesty's Court of the Bench at Westminster, before Sir Nicholas Conyngham Tindal, knight, and his brethren, justices of the said court, by the consideration and judgment of the said court, recovered against C. D. £— for his damages wbich he had sustained on occasion of the not performing (&c. as in the preceding forms, to the words] whereof the said C. D. hath been convicted: and whereas the said C. D. hath brought a writ of error upon the judgment aforesaid, returnable before the justices of our lady the queen assigned to hold pleas in her court before ber, and the barons of her Exchequer of the degree of the coif, in the Exchequer Chamber, on (or if returnable in parliament, say " before our lady the queen in her parliament, without delay:"] Now therefore, if the said C. D. doth by himself, or his sufficient surety, prosecute the said writ of error with effect, and also doth satisfy and pay unto the said A. B., if the said judgment be affirmed, or the said writ of error be discontinued in his default, or he shall be nonsuited therein, the damages aforesaid already adjudged upon the said judgment, and all costs and damages to be also awarded for the delay of execution of the said judgment, by means of the said writ of error, then this recognizance to be void and of no effect, or else to be and remain in full force and virtue.

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3. The like, on Error from the Exchequer of Pleas. Pleas before the barons of our lady the queen at Westminster, among

the pleas of term, (the term of which the recognizance was entered into,) in the year of the reign of our sovereign lady Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, and in the year of our Lord 1840.

Roll Be it remembered, that B. B. of tailor, and J. B. of butcher,

in the year of the reign of our sovereign lady Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, come before the Right Honourable James Lord Abinger, the lord chief baron, and other the barons, of her majesty's Court of Exchequer at Westminster, and acknowledge themselves, and each of them doth acknowledge himself, to owe unto A. B, the sum of £ of lawful money of Great Britain, to be paid to the said A. B. or his certain attorney, executors, administrators and assigns: and if the said B. B. and J. B. do not pay the same, then they and each of them will and consent, that the said sum of money shall be levied and recovered of the lands and tenements, goods and chattels, of them the said B. B. and J. B. and each of them, to and for the use of the said A. B., his executors, administrators, and assigns.

The condition of this recognizance is such, that whereas C. D. has brought a writ of error upon a judgment recovered against him, in her said majesty's said Court of Exchequer at Westminster, in an action on promises, (or as the action is,] at the suit of the said A. B. for the sum of £ damages, as by the record thereof there remaining it doth and may more fully appear; which said writ of error is returnable before the justices of our lady the queen assigned to hold pleas in the court of our lady the queen, before the

queen herself and the justices of our lady the queen of the Bench, on (or if returnable in parliament, say " before our lady the queen in her parliament, without delay:"] If therefore the said C. D. do prosecute the said writ of error with effect, and also pay and satisfy, if the said judgment be affirmed, or the said C. D. become nonsuit in the said writ of error, or suffer the same through his default to be discontinued to the said A. B., his executors, administrators, or assigns, all and singular the damages aforesaid recovered by the said judgment, and also all such further costs and damages as shall be awarded for delay of execution, by reason of the said writ of error, then this recognizance to be void, otherwise to remain in full force and virtue. Taken and acknowledged the day, year

B. B. and place first above-mentioned, con

J. B. ditionally, before me. Abinger.

4. The like, on Error to House of Lords, after Judgment of Affirmance in

the Exchequer Chamber. [Proceed as in the preceding form to the statement of the condition, which should be thus :) The condition of this recognizance is such, that whereas the above-named A. B. did, on the day of -, a.d. recover a judgment in her majesty's Court of Exchequer, against C. D.

in an action on promises, for £- damages, [as the plea was,) as by the record thereof there remaining it doth and may more fully appear: And whereas the said C. D. brought a writ of error upon the said judgment, returnable in the Exchequer Chamber, wherein the said judgment was affirmed, (or if defendant was non-prossed for not assigning errors, saybut for want of prosecution thereof became nonsuit:"] as by the record thereof also more fully appears: And whereas the said C. D. hath now brought a writ of error returnable in the high court of parliament, for reversing the said judgment: If therefore the said C. D. do prosecute the said last-mentioned writ of error with effect, or if the said judgment be affirmed by the lords in parliament, do satisfy the said A. B., his executors, administrators, and assigns, as well the said £ costs and damages, allowed to the said A. B. for delay of execution, by reason of the said writ of error, returnable in the Exchequer Chamber aforesaid, and also all such costs and damages, sum and sums of money, as shall be awarded for delay of execution, by reason of the writ of error now brought in parliament, then this recognizance to be void, or else to remain in full force. Taken and acknowledged (&c.

B. B. as in the preceding form.]

J. B.

as £

5. Docket Paper, in Q. B. The entry (or “ further entry "] of D. A. gentleman, one &c., of term,

Victoria. England. Entry of recognizance of bail in error, in a cause wherein A. B. is plaintiff, and C. D. defendant.

Roll

6. Precipe for the Scire Facias. Middlesex: Scire facias for A. B. against B. B. of -, tailor, and J. B. of ---, butcher, bail of C. D. upon a writ of error from the Court of Queen's Bench to the Court of Exchequer Chamber, (or as the case may be,] in an action of [&c. as the plea is; see ante, 274, No. 6,] returnable

on

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7. Scire Facias upon Recognizance in Error, from Q. B. to the E.rchequer

Chamber. 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: Whereas B. B. of tailor, and J. B. of - butcher, on the day of in the year of our reign, came in their proper persons before the Honourable one of our justices assigned to hold pleas in our court before us, at his chambers in Rolls' Gardens, and, according to the form of the statute in such case made and provided, acknowledged themselves, and each of them separately did acknowledge himself, [let this agree with the entry of the recognizance,] to owe to A. B. the sum of £ of lawful money of Great Britain, to be paid to the said A. B., his executors or assigns; and unless they should do so, the said B. B. and J. B. did grant and agree, and each of them for himself did grant and agree, that the said sum of £- should be made of their and each of their lands and chattels, and levied to the use of the said 4. B.; upon condition nevertheless, reciting that the said A. B. lately in

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