to the plaintiff in the said sum of £--, to be paid to the plaintiff, his executors, administrators or assigns: Yet the defendant hath not as yet paid the said sum above demanded, or any part thereof, to the plaintiff, although often requested so to do; to the damage of the plaintiff of £5, and therefore he brings his suit, &c. And the defendant, by P. A. his attorney, says nothing in bar or preclusion of the said action of the plaintiff, whereby the plaintiff remains therein undefended against the defendant. Therefore it is considered that the plaintiff do recover against the defendant his said debt, and also [80s.] for his damages which he hath sustained, as well on occasion of the detaining the said debt, as for his costs and charges by him about his suit in this behalf expended, by the court here adjudged to the plaintiff with his assent; and the defendant in mercy &c. [Add the usual marginal notes as directed at the end of the form, ante, 102, No. 1.] 6. The like, where a Bond has not been given. [Proceed as in the preceding form to the asterisk*, and then thus:] For that whereas the defendant, on, borrowed of the plaintiff the sum above demanded, to be paid to the plaintiff, when he the defendant should be thereunto afterwards requested: Yet the defendant hath not as yet paid [&c. conclude as in the preceding form.] 7. Execution on a Judgment upon a Warrant of Attorney. [Same as in ordinary cases. See forms, ante, 148 to 268.] CHAPTER III. JUDGMENT BY DEFAULT. 1. Judgment by Nil dicit in Assumpsit, Covenant, Case, or Trespass, where the Action was commenced by writ of Summons, Capias, or Detainer, and the Damages are assessed by a Writ of Inquiry (a). In the Q. B. [or “ C. P.” or “ Exch. of Pleas."] on A.D., On the day of --, (date of declaration.) Middlesex, to wit (the venue): A. B. by P. A. his attorney, complains [&c. copy the declaration to the end, and then proceed on a new line thus:] And on the day of- -, A.D. (day of signing interlocutory judgment), (b) the defendant, in his proper person, [or "by D. A. his attorney," says nothing in bar or preclusion of the said action of the plaintiff, whereby the plaintiff remains therein undefended against the defendant; wherefore the plaintiff ought to recover against the defendant his damages on occasion of the premises*. But because it is unknown to the court here what damages the plaintiff hath sustained by means of the premises, the sheriff is commanded, that by the oath of twelve good and lawful men of his bailiwick, he diligently inquire what damages the plaintiff hath sustained, as well by means of the premises, as for his costs and charges by him about his suit in this behalf expended, and that he send the inquisition which he shall thereupon take to our said lady the queen [or in C. P. " to the justices," or in Exch. "to the barons"] here, under his seal, and the seals of those by whose oath he shall take that inquisition, together with the writ of our said lady the queen to him thereupon directed; the same day is given to the plaintiff, at the same place (c). At which day comes here the plaintiff, by his attorney aforesaid; and the sheriff, to wit, S. S. esquire, sheriff of the said county now here returns a certain inquisition indented, taken before him in the county aforesaid, on day of, in the year of the reign of our said lady the now queen, by the oath of twelve good and lawful men of his bailiwick; by which it is found, that the plaintiff hath sustained damages by means of the premises to £over and above his costs and charges by him about his suit in this behalf expended, and for those costs and charges to 40s. Therefore it is considered, that the plaintiff do recover against the defendant his damages, costs, and charges aforesaid, by the said inquisition above found, and also £- for his said costs and charges, by the court here adjudged of increase to the plaintiff, and with his assent; which said damages, costs, and charges in the whole amount to £- -; and the defendant in mercy &c. of at the [Add the usual marginal notes, as directed at the end of the form, ante, 102, No. 1.] (a) See 2 Chit. Ar. Pr. 700. (b) See R. H. 4 W. 4, r. 3; 2 Chit. Ar. Pr. 702. (c) No continuances are necessary; see 2 Chit. Ar. Pr. 702. 2. Judgment by Nil dicit, in Debt. [Proceed as in the preceding form, No. 1, to the end of the declaration, stating the action to be "in an action of debt," and then on a new line thus:] day of And on the A.D. (day of signing final judgment), (a) the defendant, in his proper person, [or " by D. A. his attorney," says nothing in bar or preclusion of the said action of the plaintiff, whereby the plaintiff remains therein undefended against the defendant*. Therefore it is considered that the plaintiff do recover against the defendant his said debt, and also £ for his damages which he hath sustained, as well on occasion of the detaining of the said debt, as for his costs and charges by him about his suit in this behalf expended, by the court here adjudged to the plaintiff, and with his assent: and the defendant in mercy &c. [Add the usual marginal notes, as directed at the end of the form, ante, 102, No. 1.] 3. Judgment by Nil dicit, in Detinue, with Award of Inquiry. [Proceed as in the form, ante, 328, No. 1, to the end of the declaration, stating the action to be “ in an action of detinue," and then on a new line, thus] And on the day of , A.D. (day of signing interlocutory judgment), (a) the defendant, by D. A. his attorney, [or" in his proper person," says nothing in bar or preclusion of the said action of the plaintiff, whereby the plaintiff remains therein undefended against the defendant: Wherefore the plaintiff ought to recover against the defendant the [goods and chattels] aforesaid, or the value of the same, if the plaintiff cannot have again the said [goods and chattels], and also the damages by the plaintiff sustained by reason of the detention thereof. But because it is unknown to the court here what is the value of the said goods and chattels, and also what damages the plaintiff hath sustained on occasion of the premises, the sheriff is commanded, that by the oath of twelve good and lawful men of his bailiwick he diligently inquire what is the value of the said goods and chattels, and also what damages the plaintiff hath sustained, as well on occasion of the premises, as for his costs and charges by him about his suit in this behalf expended; and that he send the inquisition which he shall thereupon take to our said lady the queen [or in C. P. "to the justices," or in Exch. "to the barons"] here, on under his seal, and the seals of those by whose oath he shall take that inquisition, together with the writ of our said lady the queen to him in that behalf directed; the same day is given to the defendant at the same place &c. At which day [&c. state the return of the inquisition as in the form, ante, 328, No. 1, except that the finding of the jury may be as ante, 93, No. 6, and the form of the judgment will be as ante, 105, No. 10.] (a) See R. H. 4 W. 4, r.3; 2 Chit. Ar. Pr. 702. 4. Judgment by Nil dicit, with Award of Inquiry into a County Palat ne. [Proceed as in the form, ante, 328, No. 1, to the end of the declaration, and then, on a new line, thus:] A. D. And on the day of (day of signing interlocutory judgment), the defendant in his proper person says nothing in bar or preelusion of the said action of the plaintiff, whereby the plaintiff remains therein undefended against the defendant; wherefore the plaintiff ought to recover against the defendant his damages on occasion of the premises. But because it is unknown to the court here what damages the plaintiff hath sustained by means of the premises aforesaid; it is commanded to the chancellor of the said county palatine of Lancaster [or “Durham"] (a), that by the writ of our said lady the queen, under the seal of the said county palatine, to be duly made and directed to the sheriff of the said county palatine, he command the said sheriff, that by the oath of twelve good and lawful men of his bailiwick, he diligently inquire what damages the plaintiff hath sustained, as well by means of the premises, as for his costs and charges by him about his suit in this behalf expended; and that the inquisition which the said sheriff shall thereupon take, he make known to the said chancellor, under his seal and the seals of those by whose oath he shall take that inquisition, together with the names of the persons by whose oath he shall take the same, so that the said chancellor may certify the same to our said lady the queen [or in C. P. "to the justices," or in Exch. "to the barons"] here, on -, together with the name of the said sheriff, and the writ of our said lady the queen to the said chancellor in that behalf directed; the same day is given to the plaintiff at the same place: At which day comes here the plaintiff, by his said attorney; and the said chancellor now here certifies a certain inquisition indented, taken before the said sheriff at in the said county, on the day of, in the year of our Lord, by the oath of twelve good and lawful men of the said sheriff's bailiwick; by which it is found [&c. conclude as ante, 328, No. 1.] 5. Judgment by Nil dicit, in Trespass on a new Assignment, where there are no Pleadings on which Issue has been taken. [Proceed as directed in the form, ante, 328, No. 1, to the end of the new assignment, and then, on a new line, thus:] And on the day of A. D. 1840, (day of signing interlocutory judgment), (b) the defendant says nothing in bar or preclusion of the said action of the plaintiff as to the said trespass above newly assigned, whereby the plaintiff remains therein undefended against the defendant; wherefore the plaintiff ought to recover against the defendant his damages on occasion of the premises: But because it is unknown to the court here what damages the plaintiff hath sustained on occasion of the said trespass above newly assigned, the sheriff is commanded [&c. conclude as ante, 328.] 6. Judgment by Nil dicit as to one Count, and Nolle prosequi to two others, after Plea in Debt on a statute. [Proceed as directed in the form, ante, 328, No. 1, to the end of the plea, and then thus:] And as to the trespass and offence in the [last] count (a) See as to Durham, ante, 21, note (b); and 1 & 2 Vict. c. 110, s. 3. (b) See R. H. 4 Will. 4, r. 3; 2 Chit. Ar. Pr. 702. of the said declaration mentioned, the defendant says nothing in bar or preclusion of the said action of the plaintiff, whereby the plaintiff remains therein undefended against the defendant: And hereupon, on the day of ——, A. D. 1840 (day of signing final judgment), (a) the plaintiff freely here in court says, that he will not further prosecute his suit against the defendant for the said trespasses and offences in the said [first and second] counts of the said declaration mentioned; and he prays judgment for the said sum of £ in the said [last] count of the said declaration mentioned, parcel of the said sum of £-- above demanded, together with his costs and charges by him laid out about his suit in this behalf: Therefore it is considered that the plaintiff do recover against the defendant the said sum of £- in the said [last] count of the said declaration mentioned, parcel &c., and also £- for his said costs and charges by the court here adjudged to the plaintiff, and with his assent, according to the form of the statute in such case made and provided; and the defendant in mercy &c. And let the defendant be acquitted of the said offences in the said [first and second] counts of the said declaration mentioned, and go thereof without day &c. And it is also considered by the court here that the defendant do recover against the plaintiff for his reasonable costs and charges by him about his defence in this behalf laid out and expended by the court here adjudged to the defendant, with his assent, according to the form of the statute in such case made and provided (b); and that the defendant have execution thereof &c. [Add the usual marginal notes as directed at the end of the form, ante, 102, No. 1.] 7. Judgment by Nil dicit, with a Remittitur of Part of the Damages, at the Return of the Inquiry. [Proceed as in the form, ante, 328, No. 1, to the end of the sheriff's return on the writ of inquiry, and then thus:] And hereupon, on the day of , A. D. 1840, the plaintiff freely here in court remits to the defendant the sum of £--, parcel of the damages, costs, and charges aforesaid, by the said inquisition in form aforesaid found; and prays judgment for the residue of those damages, costs, and charges, together with his costs and charges by him about his suit in this behalf expended: Therefore it is considered that the plaintiff do recover against the defendant the sum of £, residue of the damages, costs, and charges aforesaid, by the said inquisition above found, and also f- for his further costs and charges aforesaid, by the court here adjudged of increase to the plaintiff and with his assent; which said residue of the damages, costs, and charges, by the said inquisition above found, together with the said further costs and charges so adjudged of increase, amount in the whole to £, and the defendant in mercy &c. And let the defendant be acquitted of the said sum of £——, parcel &c. so remitted by the plaintiff' as aforesaid, and go thereof without day &c. [Add the usual marginal notes as directed at the end of the form, ante, 102, No. 1.] (a) See R. H. 4 Will. 4, r. 3; 2 Chit. Ar. Pr. 702. (b) 3 & 4 Will. 4, c. 42, s. 33. |