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CHAPTER V.

PROCEEDINGS FROM THE POSTEA TO THE ENTRY OF SATISFACTION ON

THE RECORD INCLUSIVE.

SECTION I.

The Postea.

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1. Postea in Assumpsit, where the Defendant appears at the Trial. Afterwards, that is to say, on the day and at the place within contained, before the right honourable (name of chief justice in Q. B. or C. P.) the chief justice within mentioned,

esquire, being associated to the said chief justice according to the form of the statute in such case made and provided (or in Exch. say, “ before the right honourable (nume of chief baron) the chief baron within named;" or, in country causes, “ before sir

-, knight, one of the justices of our lady the queen assigned to hold pleas before the queen herself, and sir knight, one of the justices of our lady the queen of the Bench, (or 'sir

knight, one of the barons of the Exchequer of our lady the queen,') justices of our said lady the queen, assigned to take the assizes in and for the county of

-, according to the form of the statute in such case made and provided,"]t come as well the within-named plaintiff as the within-named defendant, by their respective attornies within mentioned; and the jurors of the jury, whereof mention is within made, being summoned also come, who'to speak the truth of the matters within contained, being chosen, tried, and sworn,* say upon their oath that [&c. stating the affirmative or negative of the issue, as it is found for the plaintiff, and in the terms adopted in the pleadings, thus: if the plea be nonassumpsit say,"That the defendant did promise, in manner and form as the plaintiff hath within complained against him;”] and they assess the damages of the plaintiff, on occasion of the not performing the promises within mentioned, over and above his costs and charges by him about his suit in this behalf expended, to .£- and for those costs and charges to forty shillings. Therefore, &c.

[See 1 Chit. Ar. Pr. 328, 320.]

2. Postea in Debt. [Same as the form, supru, to the asterisk, and then state the affirmative or negative of the issue, as it is found for the plaintiff, and in the terms adopted by the pleadings; thus, if the plea be nunquam indebitatus, say upon their oath that the defendant was indebted to the plaintiff, in manner and form as the plaintiff hath within complained against him; [or where the plea is non est factum," that the writing obligatory (or indenture,' or articles of agreement,' or 'deed poll,') within-mentioned, is the deed of the defendant, in manner and form as the plaintiff hath within in that bebalf alleged,"] and they assess the damages of the plaintiff on occasion of the detaining the within debt, over and above his costs and charges by him about his suit in this behalf expended, to one shilling, and for those costs and charges to forty shillings. Therefore, &c.

[See 1 Chit. Ar. Pr. 328, 320.]

3. Postea in Debt on Bond, where the Breach is assigned in the Plead

ings, and Damages are assessed on Stat. 8 8; 9 Will. 3, c. 11, s. 8. (a)

[Same as in the form, ante, 92, No. 1, to the asterisk*, and then thus :) say upon their oath that the defendant did not indemnify or save harmless {&c. stating the breach us assigned in the pleadings;] but wholly refused and neglected so to do, contrary to the tenor and effect of the condition of the within-mentioned writing obligatory, in manner and form as the plaintiff bath within in that behalf alleged, and they assess the damages of the plaintiff, on occasion of the detaining of the within debt, over and above his costs and charges by him about his suit in this behalf expended, to one shilling, and for those costs and charges to forty shillings; and they also assess the damages of the plaintiff, on occasion of the breach of the said condition within assigned, according to the form of the statute in that case made and provided, to £—. Therefore, &c.

[See 1 Chit. Ar. Pr. 328, 320.]

4. The like, where Non est Factum is pleaded and Breaches suggested in

the Issue(a). (Same as in the form, ante, 92, No. 1, to the asterisk*, and then thus:] as to the issue within joined between the said parties, say upon their oath, that the within-mentioned writing obligatory is the deed of the defendant, as the plaintiff hath within in that behalf alleged; and the jurors aforesaid, upon their oath aforesaid, further say that the several matters within suggested as and for a breach of the condition of the said writing obligatory, were and are true; and they assess the damages, &c. [Conclude us in the last].

5. Postea in Covenant. [Same as in the form, 92, No. 1, to the asterisk*, and then state the affirmatire or negative of the issue, as it is found for the plaintiff, and in the terms adopted by the pleadings ; thus, if the plea be non est factum,] say upon their oath that the indenture (or “ articles of agreement,” or deed-poll,"] within-mentioned, is the deed of the defendant, in manner and form as the plaintiff hath within in that behalf alleged; and they assess the damages of the plaintiff, on occasion of the breaches of the covenant within assigned, over and above his costs and charges by him about his suit in this behalf expended, to £- and for those costs and charges to forty shillings. Therefore, &c.

[See 1 Chit. Ar. Pr. 328, 320.]

6. Postea in Detinue. [Same as in the form, ante, 92, No. 1, to the asterisk*, and then state

(a) See further post, Book 2, Part 4, Chap. 4; and Quin v. King, I M. & W.42; Scotiv. Staley, 4 Bing. N.C., 724, as to when a special venire is necessary or not. the affirmative or negative of the issue, as it is found for the plaintiff, and in the terms adopted by the pleadings ; thus, if the plea be non detinet,] say upon their oath that the defendant doth detain the goods and chattels (or

" deeds and papers, (according to the finding of the jury) within mentioned, in manner and form as the plaintiff hath within complained against him ;”] and they find the goods and chattels (or “deeds and papers” &c.] so detained, to be of the value of £- -, and they assess the damages of the said plaintiff, on occasion of the detaining of the said goods and chattels, (or “ deeds and papers" &c.] over and above his costs and charges by him

about his suit in this behalf expended, to one shilling, and for those costs and charges to forty shillings. Therefore, &c.

[See 1 Chit. Ar. Pr. 328, 321.]

7. Postea in Case or Trover. [Same as in the form, ante, 92, No. 1, to the asterisk*, and then state the affirmative or negative of the issue, as it is found for the plaintiff, and in the terms adopted by the pleadings; thus, if the plea be not guilty,] say upon their oath, that the defendant is guilty of the grievances within laid to bis charge, in manner and form as the plaintiff hath within complained against him; and they assess the damages of the plaintiff, on occasion thereof, over and above his costs and charges by him about his suit in this behalf expended, to £-, and for those costs and charges to forty shillings. Therefore, &c.

[See 1 Chit. Ar. Pr. 328, 320.]

8. Postea in Trespass. [Same as in the form, ante, 92, No. 1, to the asterisk*, and then state the affirmative or negative of the issue, as it is found for the plaintiff, and in the terms adopted by the pleadings; thus, if the plea be not guilty,] say upon their oath, that the defendant is guilty of the trespass [or, “ the several trespasses”] within laid to his charge, in manner and form as the plaintiff' hath within complained against him; and they assess the damages of the plaintiff

, on occasion thereof, over and above his costs and charges by him about his suit in this behalf expended, to £—, and for those costs and charges to forty shillings. Therefore, &c.

9. Postea in Replevin.
See forms, post, Book 3, Part 1, Chap. 2.

10. Postea in Ejectment,
See form, post, Book 3, Part 1, Chap. 1.

11. Postea where there are several Issues, and all found for Plaintiff.

[Same as in the form, ante, 92, No. 1, to the asterisk, and then thus:] as to the first issue within joined between the said parties, say upon their oath that (the defendant did (undertake and) promise, in manner and form as the plaintiff hath within complained against him:] And as to the second issue within joined between the said parties, the jurors aforesaid, upon their oath aforesaid, say, that the said several causes of action did acrue to the plaintiff within six years next before the commencement of this suit, in manner and form as the plaintiff hath within alleged:] And as to the last issue within joined between the said parties, the jurors aforesaid, upon their oath aforesaid, say, that (the plaintiff was not nor is indebted to the defendant, in manner and form as the said defendant hath within in that behalf alleged; so stating the affirmative or negative of each issue, as it is found for the plaintift, and in the terms adopted in the pleading, and conclude the postea thus :) And the said jurors assess the damages of the plaintiff on occasion of [the not performing the promises (and undertakings) within mentioned) over and above his costs and charges by him about his suit in this behalf expended, to £- and for those costs and charges to forty shillings, [or if the action be not in ussumpsit, conclude the postea accordingly; see the forms in different actions, supra.] Therefore, &c.

[See 1 Chit. Ar. Pr. 328.]

12. Postea for Plaintiff, on Non-assumpsit, except as to Sum tendered.

[Same as in the form, ante, 92, No. 1, to the asterisk, and then thus:] say upon their oath, that the defendant did [undertake and) promise, to a larger amount than the within-mentioned sum of £— (that is to say,) to the amount of the sum of £—, parcel of the several sums of money in the within declaration mentioned, in manner and form as the plaintiff hath within thereof complained against him: and they assess the damages of the plaintiff, on occasion of the not performing of the promises (and undertakings] within-mentioned, over and above the within-mentioned sum of £- and his costs and charges by him about bis suit in this behalf expended, to £—, and for those costs and charges to forty shillings. Therefore, &c.

13. Postea for Plaintiff on Non-assumpsit, by one of several Defendants

where another has let Judgment go by default. [Same as in the form, ante, 92, No. 1, to the asterisk*, and then thus:] say upon their oath, that the said C. D. did (undertake and] promise, in manner and form as the plaintiff hath within complained against him : and they assess the damages of the plaintiff on occasion of the not performing of the within-mentioned promises (and undertakings] as well against the said C. D. as against the within-named E. F., over and above the costs and charges of the plaintiff by him about his suit in this behalf expended, to £- and for those costs and charges to forty shillings. Therefore, &c.

14. Postea where one Issue is found for Plaintiff, and another for

Defendant. [Same as ante, 92, No. 1, to the asterisk*, and then thus :) as to the first issue within joined between the said parties, say upon their oath, that (the defendant did (undertake and) promise, in manner and form as the plaintiff hath within in the first count of the said declaration complained against him;) and they assess the damages of the plaintiff, on occasion of the not performing the promises (and undertakings) [in the said first count) within-mentioned, over and above his costs and charges by him about his suit in this behalf expended, to £, and for those costs and charges to forty shillings (or if the action be not in assumpsit, state the assessment of the damages and costs accordingly; see forms, ante, 92, to supra.] And as to the last issue within joined between the said parties, the jurors aforesaid, upon their oath aforesaid, say, that the defendant did not undertake and promise in manner and form as the plaintiff hath within in the last count of his said declaration complained against him, (so stating the affirmative or negative of each issue, as it is found by the jury, aud in the terms adopted by the pleading.) Therefore, &c.

15. Postea for Plaintiff on Not Guilty to a new Assignment, where the

other Issues are found for Defendunt. [Same as unte, 92, No. 1, to the asterisk*, and then thus:) as to the first issue within joined between the parties aforesaid, upon their oath say, that (the defendant is not guilty of the trespasses within laid to his charge, or any or either of them, or any part thereof, except as hereinafter mentioned, in manner and form as the plaintiff hath within complained against him.] And as to the second issue within joined between the parties aforesaid, the jurors aforesaid upon their oath say, that the defendant, at the within-mentioned time when &c., did not of his own wrong, but for such cause as the defendant hath within in his second plea in that behalf alleged, assault, beat, and ill-treat the plaintiff, as in the first count of the within declaration is mentioned.] And as to the last issile within joined between the parties aforesaid, the jurors aforesaid upon their oath say, that the defendant is guilty of the trespasses within anew assigned, in manner and form as the plaintiff

' hath within complained against him; and they assess the damages of the plaintiff, on occasion of the committing of the last-mentioned trespasses, over and above his costs and charges by him about his suit in this behalf expended, to £-, and for those costs and charges to forty shillings. Therefore, &c.

16. Postea for Plaintiff, where one Defendant is found guilty and another

acquitted. [Same us ante, 92, No. 1, to the asterisk*, and then thus :) say upon their oath, that the said C. D. is guilty of the several trespasses (or “grievances") within laid to his charge (or in cuse there has been a prior action, which the non-joinder of one of the present defendants was pleaded in abatement, and thut the defendant be now acquitted, insteud of the foregoing words, " is guilty” &c. say " did undertake and promise," or " doth owe the said sum above demanded,” according to the form of action, ) in manner and form as the plaintiff hath within complained against him; and they assess the damages of the plaintiff against the said C. D. on occasion thereof, over and above his costs and charges by him about his suit in this behalf expended, to £-, and for those costs and charges to forty shillings. And the jurors aforesaid, upon their oath aforesaid, further say that the said E. F. is not guilty of the several trespasses (or “grievances”] within laid to his charge (or in case there has been a prior action in which the non-joinder of one of the present defendants wus pleaded in abatement, and that the defendant be now acquitted, instead of the foregoing words, “is not guilty.” &c. say, " did not undertake and promise," or “ doth not owe the said sum above demanded,according to the form of the action], in manner and form as the plaintiff hath within complained against him. Therefore, &c.

[See 1 Chit. Ar. Pr. 328, 315.]

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