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7. Replication, that Plaintiff has sustained greater Damages (a). In the Q. B. [or "C. P." or "Exch. of Pleas."]

B.

V.

On the

day of A. D. 1840. 7 And the plaintiff says, that he ought not, by reason of any thing in the said plea [or "said plea"] alleged, to be barred from D. further maintaining his action [as to the said sum of, parcel &c. as aforesaid] because he says, that he has sustained damages (or “that the defendant was and is indebted to him," as the case may be], to a greater amount than the said sum of in respect of the causes of action [or "residue of the causes of action," or "causes of action as to the said sum of £—," according to the language of the plea] in the said declaration mentioned, and this the plaintiff prays may be inquired of by the country &c.

8. Judgment for Plaintiff, for not paying the taxed Costs after 48 hours from the Taxation.

day of

[Proceed in the entry of the judgment as usual, to the end of the replication inclusive, and continue the judgment thus:] And which said costs and charges were afterwards, on the A. D. —, duly taxed at and allowed the sum of £10, and hereupon the plaintiff gives the court here to understand and be informed, that although forty-eight hours from such taxation have elapsed, yet the defendant hath not paid the said sum of £10, or any part thereof, to the plaintiff: therefore it is considered that the plaintiff do recover against the said J. D. the said sum of £10, for his costs and charges so taxed and allowed as aforesaid, and also the further sum of £- for his costs and charges by him about his suit in this behalf expended, since the taxation aforesaid by the court here adjudged to the plaintiff and with his assent; and which said several costs and charges together amount to the sum of £, and the said defendant in mercy &c.

9. Payment of Money into Court on Plea of Tender.
[See 2 Chit. Ar. Pr. 981.]

10. Payment of Money into Court in lieu of Bail.
[See ante, 267.]

(a) The R. T. 1 Vict. prescribes the greater part of this form. See 2 Chit. Ar. Pr. 974.

CHAPTER X.

STAYING PROCEEDINGS.

B.

1. Order for Stay of Proceedings, on Payment of Debt and Costs.

Upon hearing the attornies [or "agents"] on both sides, I order v. that upon payment of £- the debt for which this action is D. brought, together with costs, to be taxed and paid, all further proceedings in this cause be stayed. [Or sometimes the order is drawn up so as to make it absolutely binding on the defendant to pay the costs.] Dated this day of

1840.

(Judge's or Baron's signature.)

[A summons may be readily framed from this form.]

[See 2 Chit. Ar. Pr. 982.]

2. Summons to show cause why, on Payment of a Sum, the Action should not be stayed, and why, in case of Plaintiff's not accepting it, he should not pay Defendant's subsequent Costs, if he afterwards accepts it.

B.) Let the plaintiff's attorney [or "agent"] attend me at my chamV. bers in Rolls' Garden to-morrow at [three] of the clock in the D.) [after] noon, to show cause why, upon payment to the plaintiff of f, together with the costs to be taxed, all further proceedings in this cause shall not be stayed; or why, in the event of the plaintiff's refusing to accept the same, and the defendant paying the same into court, and the plaintiff then taking out the same in full satisfaction, or proceeding to trial, and not recovering more, he should not pay to the defendant his costs subsequent to this application. Dated the day of —, 1840.

[See 2 Chit. Ar. Pr. 988.]

3. Entry of Judgment on a Judge's Order for staying Proceedings on Payment of Debt and Costs, with liberty to sign Judgment if not paid. In the Q. B. [or “ C. P.” or “ Exch. of Pleas."]

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A. D.

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(to wit.) A. B. by P. A. his attorney, complains of C. D. [&c. here copy the declaration verbatim.] The day of, A.D. ——, defendant by D. A. his attorney, says [here copy the plea]; and on the day of ——, A. D. — (day of signing judgment,) come here the parties aforesaid, by their attornies aforesaid, and hereupon the plaintiff gives the court here to understand and be informed, that on the of ——, A. D. ——, a certain order was made in this action by Sir knight, one of the justices [or "barons"] of her majesty's court of whereby, upon hearing the attornies aforesaid for the plaintiff and the defendant, and by their consent, it was ordered, that upon payment of £, the debt due from the defendant to the plaintiff, for which this action is brought, and being the damages sustained by the plaintiff on

occasion of the not performing his said promises in the declaration mentioned, with costs, to be taxed and paid on the day of then instant, all further proceedings in this action should be stayed; and that unless the said debt and costs were paid as aforesaid, the plaintiff should be at liberty to sign final judgment, and issue execution for the amount and also the expenses attending the execution, if the said debt and costs were not paid on the said day of then instant; and the said costs and charges to be so taxed and paid as aforesaid, were on the day of, A. D. ——, taxed and allowed by esq. one of the Masters of the court here, at £; and the plaintiff further gives the court here to understand and be informed, that although the defendant has had notice of the said taxation, and although the said - day of ——, A. D.

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hath elapsed, yet the said damages, amounting to the said sum of £, and the said costs so taxed at £ still remain wholly unpaid to the plaintiff, which the defendant doth not deny; and hereupon the plaintiff prays judgment for the said damages and costs to be adjudged to him &c. Therefore it is considered by the court here, that the plaintiff do recover against the defendant his damages aforesaid, to the said sum of £, and also the said sum of £- for his said costs by the said court here adjudged to the plaintiff, and with his assent, which said damages and costs amount in the whole to £; and the defendant in mercy &c.

4. Staying Proceedings on Reference to Master to compute, &c.
[See ante, 342; 2 Chit. Ar. Pr. 721.]

5. Staying Proceedings in Debt on Bail-Bond.
[See ante, 242, and 1 Chit. Ar. Pr. 564, &c.]

6. Staying Proceedings against Bail to Action, &c.
[See 1 Chit. Ar. Pr. 618 to 642.]

7. Staying Proceedings in Trover.
[See 2 Chit. Ar. Pr. 985.]

8. Staying Proceedings in Replevin.
[See 2 Chit. Ar. Pr. 986.]

9. Staying Proceedings in Ejectment.
[See ante, 376, and 2 Chit. Ar. Pr. 754, 986.]

10. Staying Proceedings in Second Action for same cause.
[See 2 Chit. Ar. Pr. 990.]

11. Staying Proceedings in trifling Actions.
[See 2 Chit. Ar. Pr. 994.]

12. Staying Proceedings in Actions pending Error, &c. [See 2 Chit. Ar. Pr. 994 &c.]

13. Staying Proceedings pending Rule Nisi, &c.
[See 2 Chit. Ar. Pr. 995.]

14. Staying Proceedings in case of Adverse Claims. [See post, 586; 2 Chit. Ar. Pr. 995.]

15. Staying Proceedings in other Cases.
[See 2 Chit. Ar. Pr. 997.]

CHAPTER XI.

INTERPLEADER.

1. Affidavit by the Defendant in an Action to obtain a Rule to require a third Person to appear and maintain &c. his Claim.

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

C. D.

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

-, [wharfinger,] the above-named defendant, maketh oath and saith, that on or about the day of - last a [pipe of wine was delivered by the said A. B. to this deponent and deposited in this deponent's custody, and that he still holds the same; and this deponent further saith, that whilst he so had the said [pipe of wine] in his custody, and before the commencement of this action, viz. on or about the day of last, he this deponent was served with the following notice by one E. F. of that is to say, Sir [here copy the notice, if any, served on defendant by E. F., or if none, then otherwise state his having claimed the goods] And this deponent further saith, that in consequence of such notice this deponent doth not know to whom the said [pipe of wine] belonged, or belongs, or to whom he is liable for the same: And this deponent further saith, that this action was commenced on the day of last, and the above-named plaintiff hath declared herein against this deponent in an action of trover, [or "assumpsit," or "debt,” or "detinue," for and in respect of this deponent's not having [delivered the said pipe of wine to the above-named plaintiff:] And this deponent further saith, that he has not pleaded to this action, and this deponent does not claim any interest whatever in the said [pipe of wine] or subjectmatter in this action: And this deponent further saith, that the right to the said [pipe of wine] and subject-matter of this action, at the time of the commencement hereof, was and is claimed by [and supposed by this deponent to belong to] the said E. F., who this deponent expects will sue for the same, as he [here state why you expect he will do so, as from a threat or notice, or otherwise: or if he has already brought an action state that fact:] And this deponent further saith, that he does not in any manner collude with the said E. F.; and this deponent is ready to bring [or "pay"] into this honourable court, or dispose of the subject-matter of this action, in such manner as this honourable court or any judge thereof may order or direct. State any other facts that would induce the court to grant the application.]

Sworn [&c. as ante, 207.]

[See 2 Chit. Ar. Pr. 999,]

C. D.

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