judgment of the court, (a)] in case judgment should happen to be thereupon given for the plaintiff, the sheriff is commanded [&c. conclude as ante, 44, No. 1.]

10. The like, where the Demurrer has been determined first.

[Commence as in the form, ante, 43, No. 1, and after the entry of all the pleadings, including the demurrer and joinder in demurrer, enter the following curia advisari vult, and then the award of venire, &c. thus:] But because the court here are not yet advised what judgment to give in the premises whereof the said parties have put themselves upon the judgment of the court, a day is given to the said parties here until (day of judgment on demurrer) to hear the judgment of the said court thereupon, for that the said court are not yet advised thereof &c. At which day come here the parties aforesaid, by their attornies aforesaid: And hereupon all and singular the premises whereof the said parties have put themselves on the judgment of the court, being seen, and by the court here fully understood, and mature deliberation being thereupon had, it appears to the said court here, that the said [second] count of the said declaration is sufficient in law (b), wherefore the plaintiff ought to recover against the defendant his damages on occasion of the premises, whereof the parties have put themselves upon the judgment of the court, [or, if in debt, instead of these latter words, from the word "wherefore," say, "therefore it is considered that the plaintiff do recover against the defendant his said debt of £ in the said second count of the said declaration mentioned, together with his damages by him sustained on occasion of the detention thereof." But because it is unknown to the court here whether or not the defendant will be convicted of the said premises in the said issue above joined between the parties to be tried by the country, and because it is also unknown to the court here what damages the plaintiff hath sustained on occasion of the premises whereof the parties have put themselves upon the judgment of the court, and because it is convenient and necessary that there be but one taxation of damages in this suit; therefore let the giving of judgment in this behalf against the defendant be stayed until the trial of the said issue above joined between the said parties, to be tried by the country; and as well to try the said last-mentioned issue as to inquire of and assess the damages which the plaintiff hath sustained on occasion of the premises, whereof the said parties have put themselves upon the judgment of the court, the sheriff is commanded that he cause to come here on, twelve &c., by whom &c., and who neither &c., to recognize &c., because as well &c.

11. Award of Venire tam ad triandum quam ad inquirendum, with Suggestion of Breaches in Debt on Bond where Defendant pleads a Plea not leading to an Issue on the Breaches, and the Condition of the Bond is not set forth in the Pleadings (c).

[Commence as in the form, ante, 43, No. 1, and after copying the declaration, plea, and similiter, proceed thus:] And hereupon the plaintiff prays that the said writing obligatory in the said declaration mentioned may be

(a) See n. (e), p. 46.

(b) Or if the judgment on demurrer be to a plea, say, "that the said plea of the defendant to the said first count of the said declaration is not sufficient

in law."

(c) See 2 Chit. Ar. Pr. Book 2, Part 4, Chap. 4, s. 3; and see the other forms, post, Book 2, Part 4, Ch. 4, s. 3.

enrolled, and the same is accordingly enrolled in these words, to wit, [here set out the obligatory part of the bond verbatim.] He also prays that the condition of the said writing obligatory may be enrolled, and the same is accordingly enrolled in these words, to wit: Whereas, &c. [here set out the condition of the bond, beginning with the recital, if any.] ̄ And for a breach of the said condition of the said writing obligatory, the plaintiff, according to the form of the statute in such case made and provided, suggests and gives the court here to understand and be informed, that [&c. here assign the breach, and conclude as follows:] Therefore to try the said issue above joined between the parties, and in case the said issue shall be found for the plaintiff, to inquire of the truth of the said breach in form aforesaid above assigned, and to assess the damages sustained thereby, the sheriff is commanded [&c. conclude as ante, 44, No. 1.]

12. The like, where the Condition of the Bond has been set forth (a).

[Commence as in other cases, as in the form, ante, 43, No. 1, and after copying the declaration, plea, and similiter, proceed thus:] And hereupon the plaintiff, for assigning a breach of the condition of the said writing obligatory, and to recover his damages by him sustained upon occasion thereof, according to the form of the statute in such case made and provided, suggests and gives the court here to understand and be informed, that [&c. here assign the breach, and conclude as directed in the preceding form.]

13. The like, where the Breaches are assigned in the Pleadings. [In this case the common award of venire (ante, 43, No. 1) is sufficient; Quin v. King, 1 M. & W. 42; Scott v. Staley, 4 Bing. N. C. 724.]

14. Award of Venire, when the Venue is laid in Berwick-upon-Tweed. And because the borough of Berwick is a place where the queen's writ of venire facias to summon a jury to try the said issue does not run; and because the burgesses of the said borough, by reason of their privileges, ought not to be put upon any jury to try the said issue out of the said borough, but the said issue ought to be tried by a jury of the county of Northumberland, which is the next adjacent county to the said borough of Berwick; which allegations of the said are not denied by the said ; thereupon the sheriff is commanded [&c. conclude as ante, 44, No. 1.

[See 1 Chit. Ar. Pr. 201.]

15. Award of Mittimus to a County Palatine(b).

Therefore let a jury be made thereof: And because the said issue above joined between the parties aforesaid ought to be tried by men of the county palatine of Lancaster [or "Durham,"] that is to say, of the

(a) See Chit. Ar. Pr. Book 2, Part 4, Chap. 4, s. 3; and see the other forms, post, Book 2, Part 4, Ch. 4, s. 3.

(b) See 1 Chit. Ar. Pr. 199; and see the form of the mittimus, post, 66. The 6 & 7 W. 4, c. 19, has transferred

the palatinate jurisdiction of the Bishop of Durham to the crown (as a distinct royalty), and therefore the mittimus ought, it would seem, now to be directed to her majesty's justices as in this form, and not to the bishop.

body of the said county, where the writ of our said lady the queen doth not run, and not elsewhere; therefore to try the said issue above joined between the parties aforesaid, let the record of the plaint aforesaid be sent to her majesty's justices of the said county palatine of Lancaster [or "Durham," so that the same justices, by her said majesty's writ of that county, to be duly made, and to the sheriff of the same county directed, do command the said sheriff, that he cause twelve free and lawful men of the body of the said county palatine to come before the said justices, at their next general sessions or assize to be holden for the said county, after the said record shall have been delivered to them, each of whom &c., by whom &c., and who neither &c., to recognize &c., because as well &c. And when the verification and issue aforesaid shall have been there made and tried, then the said justices shall send the record of the plaint aforesaid, together with every thing that shall be done thereupon before them, in her said majesty's court there, to our said lady the queen, [or in C. P. "to her said majesty's justices," or in Exch. " to her said majesty's barons of her exchequer,"] at Westminster, at a certain day which the said justices shall appoint to the said parties, to be in her majesty's said court here, to hear judgment thereupon.

16. Award of Venire to one of two Sheriffs where the other is interested in the Suit. (a)

See form, post, Book 4, Part 1, Chap. 31, s. 1.

17. The like to the Coroner, where there is only one Sheriff, and he is interested.

See form, post, Book 4, Part 1, Chap. 31, s. 1.

18. The like, where the Sheriff is next of Kin.

See form, post, Book 4, Part 1, Chap. 31, s. 1.

19. The like, to Elisors, where both Sheriff and Coroner are interested. See form, post, Book 4, Part 1, Chap. 31, s. 1.

20. Award of Venire and Suggestion for the Trial in adjoining County. See form, post, Book 4, Part 1, Chap. 31, s. 1.

21. The like, where the Venire is laid in a City or Town Corporate. See form, post, Book 4, Part 1, Chap. 31, s. 1.

22. Award of Venire and Suggestion of Death of either Party. See form, post, Book 4, Part 1, Chap. 31, s. 3.

(a) This and the following forms of venire require suggestions on the roll,

Ꭰ

and they are, therefore, inserted under that head.

23. Notice of having struck out the Similiter, and of having demurred when Issue is delivered.

In the Q. B. [or "C. P." or "Exch. of Pleas."]

B. against D. Take notice that I do not receive the issue delivered by you in this cause, but consider the same as a [replication] only. I have struck out the similiter and demurred. Dated this day of 1839.

Your's &c.

D. A. defendant's attorney [or "agent."]

To Mr. P. A. plaintiff's attorney [or "agent."]

[See 1 Chit. Ar. Pr. 204.]

SECTION V.

NOTICE, &c. OF TRIAL.

1. Notice of Trial, in London. (a)

In the Q. B. [or "C. P." or "Exch. of Pleas."]

Between A. B plaintiff and C. D. defendant.

Take notice of trial in this cause, for the the first day of the sittings after," or "for the tings after," as the case is, (b) this present Guildhall of the city of London. Dated this

To Mr. D. A.

defendant's attorney [or "agent."]

sittings within [or “for adjournment day of the sitterm, to be holden at the day of, 1839. Your's &c. P. A. plaintiff's attorney [or "agent."]

2. The like, in Middlesex. (a)

[Same as in the preceding form, but say,] “for the

sittings within

[or" for the sittings after"] this present

term, to be holden at West

minster Hall, in the county of Middlesex."

3. The like, at the Assizes. (a)

[Same as in the preceding form, but say,]

for the next assizes to be

in and for the county of

holden at

4. Notice of Trial, and Assessment of Damages, where Defendant has suffered Judgment by default as to Part.

In the Q. B. [or "C. P." or "Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant. Take notice, that the issue [or "issues"] joined in this cause, between the above-named plaintiff and the above-named defendant, will be tried

(a) See 1 Chit. Ar. Pr. 205 to 212. (b) There is a rule in the Exchequer of H. T. 1 Will. 4, 1 C. & J. 386, by which a notice of trial for the sit

tings after term in London must specify whether the trial is to be had at the first day of the sittings, or on the adjournment day.

at the

sittings [or "next assizes,"] &c. [as in the forms, supra,] and that the jury who try the issue [or "issues"] will at the same time assess the damages against you upon the judgment by default in this cause. Dated this

day of

To Mr. D. A.

1839.

defendant's attorney [or "agent."]

5. The like, where several Defendants, and only one has suffered

Judgment by Default.

In the Q. B. [or "C. P." or "Exch. of Pleas."]

Between A. B. plaintiff and C. D. and E. F. defendants. Take notice that the issue [or "issues"] joined in this cause between the above-named plaintiff and the above-named defendant C. D. will be tried at the sittings [or "next assizes," &c. as in the forms supra, No. 1, 2, 3,] and that the jury who try the issue [or "issues"] will at the same time assess the damages against the above-named E. F. upon the judgment by default in this cause. Dated this day of Your's, &c. P. A. plaintiff's attorney [or "agent."]

1839.

To Mr. D. A.

defendant's attorney [or "agent.”]

6. Notice of Trial, where there are Issues in Law and Fact (a). In the Q. B. [or "C. P." or " Exch. of Pleas."]

Between A.B. plaintiff and C. D. defendant.

Take notice, that the issue [or" issues"] in fact joined in this cause between the above parties, will be tried at the sittings for "next assizes," &c. as in the forms supra, No. 1, 2, 3,] and that the jury who try the said issue [or "issues"] will at the same time assess the damages against you upon the demurrer [or " demurrers"] in this cause, in case judgment shall thereupon be given for the plaintiff. Dated this

of

A.D. 1839.

day

Your's, &c. P. A. plaintiff's attorney [or "agent."]

7. Notice of Trial, and Assessment of Damages on Breaches suggested in Debt on Bond. (b)

In the Q. B. [or " C. P." or " Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant. Take notice, that the issue [or "issues"] joined in this cause between the above-named plaintiff and the above-named defendant, will be tried at the sittings [or "next assizes," &c. as in the forms supra, No 1, 2, 3,] and that the jury who try the issue [or "issues"] will at the same time assess the damages against you on the breaches suggested in this Dated this day of

cause.

To Mr. D. A. defendant's attorney [or "agent."]

(a) See Codrington v. Lloyd, 1 Per. & D. 157.

(6) Perhaps this special notice is

1839.

Your's, &c. P. A. plaintiff's attorney [or "agent."]

not necessary, on the ground that the common one conveys to defendant's notice all the incidents of the trial.