12. Notice of intended Taxation of Costs. In the Q. B. [or "C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. Take notice, that one of the masters will tax the costs between the parties in this cause to-morrow, [or "on o'clock of the noon. Dated this To Mr.D. A. [defendant's] attorney, [or "agent."] next," at the hour of day of 1840. Your's &c. P. A. [plaintiff's] attorney, [or "agent."] [See 1 Chit. Ar. Pr. 1162.] 13. Affidavit of Demand and Refusal of Costs, when payable to the Attorney, to obtain an Attachment for Non-payment of. In the Q. B. [or "C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. P. A. of attorney for the above-named plaintiff A. B. in this suit, and A. B. of -, severally make oath and say, and first this deponent P. A. for himself saith, that he did on, the day of last [or "instant"] personally serve the above-named [defendant] with a true copy of the rule, and the master's allocatur thereon hereunto annexed, and at the same time showed him the said original rule and allocatur; and that this deponent then demanded of him the costs allowed by the master on the said rule; but that the said [defendant] did not then, or at any time since, pay the same to this deponent: And this deponent A. B. for himself saith, that he hath not received the said costs or any part thereof, but the same now remain due and unpaid to this deponent. Sworn [&c. ante, 207.] P. A. A. B. 14. Rule for Attachment, for Non-payment of Costs in C. P. in this present day of made D. thereon, and the affidavits of P. A. and A. B., it is ordered that an attachment for contempt be issued forth against the [defendant] above named, for non-payment of the sum of £-- pursuant to the said rule, and of the allocatur so made thereon as aforesaid, By the Court. 15. Attachment for Non-payment of Costs, in Q. B. or C. P. Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of greeting: Attach C. D. so that you may have his body before us [or in C. P. "before our justices"] at Westminster, on to answer us of and concerning such things as on our behalf shall be then and there objected against him and have there then this writ. Witness - (name of chief justice), at Westminster, the - — day of in the year of our Lord Indorsement thereon. A. B. against C. D. for non-payment £pursuant to a rule of court, dated the costs, taxed by master day of 1840. 16. Letter of Attorney, to demand Costs, in the Exchequer. Know all men by these presents, that I, A. B., of for divers good causes and considerations me hereunto moving, have made, ordained, authorized, constituted, and appointed, and by these presents do make, ordain, authorize, constitute and appoint P. A. of gentleman, my true and lawful attorney for me and in my name and to my use, to ask, demand, and receive, of and from C. D. of the sum of £- - being costs allowed to me by virtue of and under an order of her majesty's court of Exchequer at Westminster, bearing date the day of past, and allocatur of the proper officer taxing the same thereon made and given: And on payment thereof acquittances, or other sufficient discharges for the same, for me and in my name to make, seal and deliver, and to do all other lawful acts and things whatsoever concerning the premises, as fully in every respect as I myself might or could do if I were personally present; hereby ratifying, confirming, and allowing all and whatsoever my said attorney shall in my name lawfully do in and about last the said premises, by virtue of these presents. In witness whereof I have hereunto set my hand and seal this day of —, in the year of our Lord 1840. Sealed and delivered in the presence of W. W. A. B. 17. Affidavit of Demand of Costs thereon, Refusal of Payment, and Execution of Letter of Attorney. In the Exchequer of Pleas. A. B. plaintiff and C. D. defendant. P. A. of - and W. W. of severally make oath and say; and first the said P. A. for himself saith, that he this deponent, on the day of instant [or "last] personally served C. D., the above named defendant, with a true copy of the rule and master's allocatur thereon given for costs taxed on the said rule, and letter of attorney hereunto annexed, and at the same time showed him the said original rule and allocatur, and demanded of him the costs allowed by the master on the said rule, and also showed to him the said letter of attorney from the said defendant, authorizing this deponent to receive the same; but the said defendant then refused [or "declined"] to pay the same, and the same yet remains unpaid. And the said W. W. for himself saith, that on he was present and did see the said defendant A. B. duly execute the letter of attorney above-mentioned to be hereunto annexed: and that the name A. B. appearing to be party executing the same, and the name W. W. subscribed as a witness to the due execution of the said letter of attorney, are respectively of the proper hand-writing of the said A. B. and this deponent. Sworn [&c. ante, 207.] P. A. W.W. 18. Attachment for Non-payment of Costs, in Exchequer. Victoria, [&c. as ante, 632, No. 15,] to the sheriff of you omit not by reason of any liberty of your county, command you that greeting: We ster on but that you enter the same and attach C. D. by his body, wheresoever he shall be found in your bailiwick, and him safely and securely keep, so that you may have him before the barons of our Exchequer at Westminnext coming, to answer us of divers trespasses, contempts, and offences by him lately done and committed: and further to do and receive what our said barons shall then and there think fit to order concerning him in this behalf; and have there this writ. Witness (name of chief baron), at Westminster, the day of ——, in the year of our Lord P. A. solicitor. By order of the court, at instance of A. B. for non-payment of £ costs. 19. Execution for Costs. [See the various forms of execution for costs on judgments and rules of inferior courts, ante, 569 to 575; and for costs of rules of superior courts, post, 650 to 653; and for costs on consent rule, ante, 387 to 390.] CHAPTER XXXII. ENTRY OF SUGGESTIONS UPON THE ROLL. SECT. I.—As to the awarding of the Venire, 635 to 637. IV. Of the Change, &c. of Parties, 640. V.-For Costs, 641 to 645. VI.-For having Execution against a Party not named in the SECT. I.-SUGGESTIONS AS TO THE AWARDING OF THE VENIRE. 1. Suggestion that one of the Sheriff's is interested in the Suit, and award of Venire to the other. [Proceed to the end of the similiter and issue, and before the award of the venire make this entry:] And hereupon the said [defendant] says, that S. S. esq. and L. L. esq. are sheriffs of [London]; and that the said S. S. one of the said sheriffs, is [state how S. S. is interested in the event of the action]; and this the said [defendant] is ready to verify. Wherefore the said [defendant] prays a writ to be directed to L. L. esq. the other sheriff of [London] aforesaid, commanding him that he cause to come twelve &c. to try the said issue [or "several issues"] between the said parties; and because the said [plaintiff'] does not deny the aforesaid allegation of the said [defendant], but acknowledges the same, it is granted to him &c. Therefore the said sheriff L. L. esq. is commanded [&c. conclude with the award of the venire as usual.] [See 2 Chit. Ar. Pr. 1170.] 2. Suggestion that the Sheriff is a Party, and award of Venire to Coroner. [Proceed to the end of the similiter and issue, and before the award of venire make this entry:] And because it is suggested to the court here that the plaintiff is sheriff of aforesaid, it is therefore commanded that he cause to come [&c. to the coroner of the said county of conclude with the award of venire as usual.] 3. Suggestion that the Sheriff is of kin to Defendant, and award of Venire to Coroner. [Proceed to the end of the similiter and issue, and before the award of the venire make this entry:] And hereupon the plaintiff says that S. S., now sheriff of the said county of ——, is of kin, that is to say, brother to the defendant, and for this cause the plaintiff prays a writ of our lady the queen of venire facias to be directed to the coroner of the said county of And because the defendant doth not deny the aforesaid allegation of the plaintiff, it is granted to him &c. Therefore it is commanded to the coroner of the said county of that he cause to come [&c. conclude by stating the award of the venire as usual.] 4. Suggestion that Sheriffs and Coroner are interested, and Award of Venire to Elisors (a). [Proceed to the end of the similiter and issue, and before the award of venire make this entry:] And hereupon the plaintiff says that S. S. and J. S., now sheriffs of the city of and county of the same city, are [here state how the sheriffs are interested in the event of the action] bailiffs of the city of aforesaid, and therefore parties to the matter aforesaid above put in issue between the plaintiff and the defendant; and that now coroner of the said city of - and county of the same city, is one of the same commonalty of the city of aforesaid, and therefore likewise a party to the said matter above put in issue between the plaintiff and the defendant as aforesaid; and the plaintiff prays a writ of our lady the queen to be directed to two discreet and indifferent persons, residing within the said county of the city of aforesaid by the court here to be elected, to cause to come twelve free and lawful men of the neighbourhood of in the said county of the city of —— aforesaid, to try the issue aforesaid above joined between the parties aforesaid: And because the defendant doth not deny the allegation aforesaid, therefore it is commanded to and with the assent of the parties aforesaid, by the court here elected and named, that they cause to come [&c. conclude stating the award of venire as usual.] 5. Rule of Court in a local Action for the Trial or Inquiry to take place in another County, under 3 & 4 Will. 4, c. 42, s. 22. B. V. [Commence the rule as usual; see the forms, post, 649, and then thus:] it is ordered that the issue [or "issues"] joined in this D. action shall be tried [or " writ of inquiry to be executed in this action shall be executed"] in the county of M. and not in the county of S., the county in which the venue in this action is laid; and for that purpose it is further ordered that a suggestion shall be entered on the record that the said trial may be more conveniently had [or "that the said writ of inquiry may be more conveniently executed"] in the said county of M. according to the stat. 3 & 4 Will. 4, c. 42, s. 22, [conclude as usual, see the forms, post, 649.] [See 2 Chit. Ar. Pr. 1170.] 6. Judge's Order for a like purpose. [A form may be readily framed from the preceding one and the usual form, post, 654.] (a) See a like form, Tidd's Forms, 249; see 2 Chit. Ar. Pr. 1170. |