court adjudged of increase to the said C. D. and with his assent, according to the form of the statute in such case made and provided; which said damages, costs and charges in the whole amount to £, and that the said C. D. have execution thereof &c. Therefore we command you, that without delay you cause the cattle, goods, and chattels aforesaid to be returned to the said C. D. [&c. conclude as in the next form, No. 110.] 110. Retorno habendo, under 21 Hen. 8, c. 19, after Verdict for Defendant, on a Distress for Damage feasant, and Fi. fa. for Damages and Costs in one Writ. in the Victoria, [&c. as ante, 436,] to the sheriff of --, greeting: Whereas C. D. was summoned to be in our court [&c. as ante, 438, No. 70.] And the said C. D. appearing in our said court by D. A. his attorney, defended the wrong and injury when &c., and alleged and said that he took the cattle, goods, and chattels aforesaid, in the said place in which &c. being the soil and freehold of the said C. D. doing damage there; and the said C. D. prayed a return of the said cattle, goods, and chattels, to be adjudged to him &c. And afterwards, by a certain jury of the country, upon which as well the said C. D. as the said A. B. had put themselves in that behalf, taken on the day of year of our reign, at in your county, before (name of chief justice), our chief justice &c. by virtue of our writ of nisi prius [or if at the assizes, see the preceding form], it was found, that the said place in which &c., at the said time when &c., was the soil and freehold of the said C. D. as the said C. D. had alleged; and the jurors of the said jury, according to the form of the statute in such case made and provided, assessed the damages of the said C. D. on occasion of the premises, besides his costs and charges by him laid out about his defence in this behalf, to £—, and for those costs and charges to -s. Whereupon it was afterwards considered in our said court, that the said A. B. should take nothing by his writ aforesaid, but that he and his pledges to prosecute be in mercy &c., and that the said C. D. do go thereof without day &c., and that he have a return of the cattle, goods, and chattels aforesaid, to hold to him irreplevisable for ever. And it was further considered that the defendant should recover against the said A. B. his damages aforesaid, by the jurors aforesaid in form aforesaid assessed, and also f- for his costs and charges aforesaid by the same court adjudged of increase to the said C. D. and with his assent, according to the form of the statute in such case made and provided, which said damages, costs, and charges in the whole amount to £, and that the said C. D. have execution thereof. Therefore we command you, that without delay you cause the cattle, goods, and chattels aforesaid to be returned to the said C. D. to hold to him irreplevisable in form aforesaid; and in what manner you shall execute this our writ make appear to us on (a), wheresoever we shall then be in England [or in C. P. "to our said justices," or in Exch. “ the said barons at Westminster on -"] We also command you, that of the goods and chattels of the said A. B. in your bailiwick, you cause to be made the said £- for the damages, costs, and charges aforesaid; together with interest upon the said sum of £—————, at the rate of £4 per centum per annum, from the day of ————————, A. D. ————————, on which day the judgment aforesaid was entered up, [or if entered up before the 1st Oct. 1838, say "from the 1st day of October, A. D. 1838," and omit the (a) See ante, 427, n. words "on which day the judgment aforesaid was entered up,"] and have that money before us [or in C. P. "before our said justices," or in Exch. "the said barons at Westminster aforesaid"] at the aforesaid time, to render to the said C. D. for his 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 [&c. as supra], and have there this writ. Witness (name of chief justice or chief baron), at Westminster, the year of our Lord [See 2 Chit. Ar. Pr. 809.] day of in the 111. The Fi.fa. or Ca. sa. for Damages and Costs is as ante, 441. [See 2 Chit. Ar. Pr. 809.] 112. Postea on Verdict for Defendant under 17 Car. 2, c. 7, s. 2. [As in the form, ante, 449, No. 99, to the*, and then thus:] as to the issue within joined between the parties aforesaid, upon their oath aforesaid say, that [here state the finding of the jury for the defendunt], in manner and form as is in pleading in that behalf within alleged. And the jurors aforesaid, at the prayer of the defendant, according to the form of the statute in such case made and provided, having proceeded to inquire concerning the sum of the arrears of the rent within specified, and the value, of the goods and chattels distrained, upon their oath aforesaid further say, that the sum of such arrears was £, and that the goods and chattels were of the true value of £- aforesaid. Therefore &c. [See 2 Chit. Ar. Pr. 807.] 113. Judgment on Verdict for Defendant, under 17 Car. 2, c. 7, s. 2. Therefore it is considered that the plaintiff take nothing by his writ aforesaid, but that he and his pledges to prosecute be in mercy &c, and that the defendant do go thereof without day &c. It is also considered, that the defendant do recover against the plaintiff the said £, being the sum of the arrears aforesaid in form aforesaid assessed, and also £by the court here adjudged to the defendant, and with his assent, according to the form of the statute in such case made and provided, for his costs and charges by him laid out about his defence in this behalf; which said arrears, costs, and charges in the whole amount to £--; and that the defendant have execution thereof &c. [See 2 Chit. Ar. Pr. 808.] 114. The like, where Value of Goods was found to be less than the Rent. Therefore it is considered that the plaintiff take nothing by his writ aforesaid, but that he and his pledges to prosecute be in mercy &c., and that the defendant do go thereof without day &c. It is also considered that the defendant do recover against the plaintiff the said £ for parcel of the arrears of the said rent, being the value of the [cattle,] goods, and chattels aforesaid, so by the jury in form aforesaid found; and also £for his costs and charges by him about his defence in this behalf laid out and expended, by the court here adjudged to the defendant, and with his assent, according to the form of the statute in such case made and provided; which said value, costs, and charges in the whole amount to £; and that the defendant have execution thereof &c. 115. The Fi. fa. or Ca. sa. thereon is the same as in the forms, ante, 433. 116. Postea, at Common Law, for Defendant, upon a Nonsuit. 117. Judgment, at Common Law, for a Return, &c. on a Nonsuit. Therefore it is considered that the plaintiff take nothing by his writ aforesaid, but that he and his pledges to prosecute be in mercy &c., and that the defendant do go thereof without day, and that he have a return of the [cattle,] goods, and chattels aforesaid. And it is further considered that the defendant do recover against the plaintiff £- for his costs and charges by him laid out about his defence in this behalf, by the court here adjudged to the defendant, and with his assent, according to the form of the statute in such case made and provided; and that the defendant have execution thereof &c. [See 2 Chit. Ar. Pr. 808.] 118. Retorno habendo thereon. [Same as ante, 450, No. 105, to the asterisk*, and then thus:] and that he should have a return of the [cattle,] goods, and chattels aforesaid. Therefore we command you, that you cause to be returned to the said C. D. without delay the [cattle,] goods, and chattels aforesaid, and the same at the complaint of the said A. B. you do not deliver without our writ, which shall make express mention of the judgment aforesaid; and in what manner you shall have executed this our writ make appear to us on -(a), wheresoever we shall then be in England, [or in C. P. " to our justices, (or in Exch. "the said barons") at Westminster, on ‚”] and have you there this writ. Witness (name of chief justice or chief baron), at Westminster, the day of in the year of our Lord 119. The Fi. fa. or Ca. sa. is as directed, ante, 201, 202, and see the Capias in Withernam, ante, 441, No. 79. 120. Postea under 21 Hen. 8, c. 19, upon a Nonsuit. [Proceed as in the form, ante, 87, No. 1, to the end, and then thus:] And hereupon the defendant, according to the form of the statute in such case made and provided, prays that the said jurors of the jury may inquire of and assess the damages by him sustained on occasion of the premises. And the jurors of the jury aforesaid, being sworn, say upon their oath that the defendant hath sustained damage to £ on occasion of the premises, 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 &c. [See 2 Chit. Ar. Pr. 808.] (a) See ante, 427, n. 121. The Judgment thereon is the same as ante, 451, No. 108, omitting the words, " to hold to him irreplevisable for ever." 122. The Retorno habendo thereon is the same as ante, 451, No. 109, omitting the words," to hold to him irreplevisable for ever." 123. The Capias in Withernam thereon is as ante, 441. The Fi. fa. or Ca. sa. thereon is as ante, 201, 202. 124. Postea for Defendant, under 17 Car. 2, c. 7, on a Nonsuit. [Proceed as in the form, ante, 87, No. 1, to the end, and then thus:] And hereupon the defendant, according to the form of the statute in such case made and provided, prays that the said jurors of the jury may inquire of the sum in arrear of the rent in pleading mentioned, at the time of the taking of the distress within mentioned, and also of the value of the [cattle,] goods, and chattels so distrained, as within is mentioned, according to the true value thereof. And the jurors of the jury aforesaid, being sworn, say upon their oath that £ of the said rent was in arrear and due to the defendant from the plaintiff at the time of the said taking of the said [cattle,] goods, and chattels as aforesaid; and that the said [cattle,] goods, and chattels were then worth £- -, according to the true value thereof. Therefore &c. [See 2 Chit. Ar. Pr. 808.] 125. Judgment thereon. [Same as ante, 453, Nos. 113, 114.] 126. Fi.fa. or Ca. sa. thereon. 127. Writ of false Judgment. Victoria, [&c. as ante, 436, No. 65,] to the sheriff of greeting: If C. D. shall give you security to prosecute his suit, then, in your full county court, cause the plaint to be recorded, which was in the same county court without our writ, between A. B. and the said C. D. of a plea of taking and unjustly detaining the [cattle,] goods, and chattels of the said A. B. as it is said, wherein the said C. D. complaineth that false judgment hath been given against him in the said county court; and that you have the said record before our justices at Westminster, on under your seal, and the seals of four lawful knights of the same county, of such as shall be present at the said recording; and summon, by good summoners, the aforesaid A. B. that he be then there to hear the said record; and have you there the summoners, the names of the said four knights, and this writ. Witness ourself at Westminster, the in the year of our Lord [See 2 Chit. Ar. Pr. 346.] day of C. D. V. 128. Rule to assign Errors upon a Writ of false Judgment. } Unless the defendant within four [or "eight"] days next after notice of this rule to him, or his attorney or agent, given, shall A. B. assign errors in this cause, let there be a writ of execution upon the judgment in the county court of Side bar at the plaintiff's instance. C. D. 129. Assignment of false Judgment. By the Court. And hereupon the said C. D. says, that the record aforesaid is V. vicious and in many respects defective, and that false judgment is A. B. given against him in and upon the plaint aforesaid in this, to wit, that the supposed promises in the said declaration mentioned do not appear in or by the said declaration to have been made within the jurisdiction of the county court of the sheriff of the county aforesaid; and also in this, to wit, that by the record aforesaid it appears that the judgment aforesaid, in form aforesaid given, was given for the said A. B. against the said C. D., whereas by the law of the land the said judgment ought to have been given for the said C. D. against the said A. B. And so the said C. D. says, that in the said court of the said county false judgment hath in divers instances been given against him in the plaint aforesaid, and he prays that the said judgment for the above and other defects in the record aforesaid may be reversed, annulled, and altogether held for nothing, as being false and of no effect, and that the said C. D. may be restored to all things which he has lost by occasion of the said judgment &c. |