Hil. T. 4 W. 4. Reg. Gen. F., who is admitted by the Court here to prosecute for the said A. B., who is an infant within the age of twenty-one years, as the next friend of the said A. B., as the case may be, complains of C. D., who has been summoned to answer the said A. B., [or, arrested or detained in custody] by virtue [or, served with a copy, as the case may be], of a writ issued on [date of first writ] the day of in the year of our Lord 18-, out of the Court of our Lord the King, before the king hin self at Westminster, [or, out of the Court of our Lord the King, before his Justices at Westminster, [or, out of the Court of our Lord the King, before the Barons of his Exchequer at Westminster, as the case may be]; For that [Copy the declaration from these words to the end, and the plea and the subse quent pleadings to the joinder of issue]. day Thereupon the Sheriff is commanded that he cause to come here, on the of, twelve, &c., by whom, &c., and who neither, &c., to recognize, &c., because as well, &c. No. 2. Form of Nisi Prius Record in the King's Bench, Common Pleas, or Exchequer. [The placita are to be omitted. Copy the issue to the end of the cacard of the venire, and proceed as follows:] Afterwards, on the [teste of distringas or habeas corpora] day of, in the year , the jury between the parties aforesaid is respited here until the [return day of distringas or habeas corpora] day of unless shall first come on the first day of sittings or commission day of assizes] day of at -—, according to the form of the statute in such case made and provided for default of the jurors, because none of them did appear; therefore let the sheriff have the bodies of the said jurors accordingly. [The postea is to be in the usual form.] Form of judgment for the plaintiff in assumpsit. [Copy the issue to the end of the award of the venire, and proceed as fol lows: unless Afterwards, the jury between the parties is respited until the [return of the distringas or habeas corpora] day of shall first come on the [day of Sittings or Nisi Prius] day of —, at —, according to the form of the stat ute in that case made and provided for default of the jurors, because none of them did appear. Afterwards, on the [day of signing final judgment] day of come the parties aforesaid, by their respective attornies aforesaid,] or as the case may be]; and -, before whom the said issue was tried, hath sent hitherto his record, had be fore him, in these words: [Copy postea. Therefore, it is considered that the said A. B. do recover, against the said C. D., his said damages, costs, and charges, by the jurors aforesaid, in form aforesaid, assessed; and also for his costs and charges, by the Court here adjudged of increase to the said A. B., with his assent, which said damages, costs, and charges, in the whole amount to and the said C. D. in mercy, &c. No. 4. Form of the issue when it is directed to be tried by the Sheriff. [After the joinder of an issue proceed as follows:] And forasmuch as the sum sought to be recovered in this suit, and indorsed on the said writ of summons, does not exceed £20, hereupon on the teste of writ of trial day of —, in the year --pursuant to the statute in that case made and provided, the sheriff (or, the judge of -, being a Court of Record for the recov ery of debt in the said county, as the case may be] is commanded that he summon twelve, &c., who neither, &c., who shall be sworn truly to try the issue above joined between the parties aforesaid, and that he proceed to try such issue accordingly; and when the same shall have been tried, that he make known to the Court here what shall have been done by virtue of the writ of our Lord the King to him in that behalf directed, with the finding of the jury thereon indorsed, on the &c. - day of No. 5. Forms of writ of Trial. Reg. Gen. W. 4. William the Fourth, by, &c., to the Sheriff of our county of of -, [or, to the judge -, being a Court of Record for the Recovery of Debt, in our County of as the case may be.] Whereas A. B., in our Court before us at Westminster [or in our Court before our justices at Westminster, or, in our Court before the barons of our Exchequer at Westminster, as the case may be], on the [date of first writ of summons] day of ——— last, impleaded C. D. in an action on promises [or as the case may be] : for that whereas one, &c. [here recite the declaratian as in a writ of inquiry], and thereupon he brought suit. And whereas the defendant, on the day of last, by his attorney, [or as the case may be], came into our said [here recite the plea and pleadings to the joinder of issue] and the plaintiff did the like. And whereas the sum sought to be recovered in the said action, and indorsed on the writ of summons therein, does not exceed £20; and it is fitting that the issue above joined should be tried before you the said sheriff of -, [or judge as the case may be]: we therefore, pursuant to the statute in such case made and provided, command you that you do summon twelve free and lawful men of your county, duly qualified according to law, who are in nowise akin to the plaintiff or to the defendant, who shall be sworn *truly to try the said issue joined between the parties aforesaid, and [ *747 ] that you proceed to try such issue accordingly; and when the same shall have been tried in manner aforesaid, we command you that you make known to us at Westminster [or, to the barons of our said Exchequer, as the case may be], what shall have been done by virtue of this writ, with the finding of the jury hereon indorsed, on the day of Witness, reign. next. at Westminster, the day of in the year of our Hil. T. 4 Reg. Gen. in-named plaintiff as the within-named defendant, by their respective attorneys within-named [or, as the case may be], and the jurors of the jury by me duly summoned, as within commanded, also came, and being duly sworn to try the said issue within mentioned on their oaths, said, that No. 7. Form of Indorsement thereon, in case a Nonsuit takes place. [After the words " duly sworn to try the issue within mentioned" proceed as follows:] And were ready to give their verdict in that behalf; but the said A. B. being solemnly called came not, nor did he further prosecute his said suit against the said C. D. No. 8. Form of judgment for the Plaintiff after Trial by the Sheriff. [Copy the issue and proceed as follows:] Afterwards, on the [day of signing judgment day of, in the year came the parties aforesaid, by their respective attornies aforesaid, [or, as the case may be,] and the said sheriff [or, judge as the case may be], before whom the said issue came on to be tried, hath sent hither the said last mentioned writ, with an indorsement thereon, which said indorsement is in these words: to wit: [Copy the Indorsement.] Therefore it is considered, &c. [in the same form as before.] ABATEMENT, INDEX. in respect to the parties to a suit, (see title Parties.) by nonjoinder or misjoinder, how to be objected to, 16, see Misjoinder of a plaintiff, in an action on a contract, 13, 452 in an action for a tort, 66 in an action by executors or administrators, or as- in an action by wife alone, 33, 449 of a defendant, in an action on a contract, 45 by death, see in general, 703 plea and affidavit must show residence of omitted carrier cannot plead nonjoinder in abatement of one of several plaintiffs or defendants pending the suit, 19, 448 surviving obligees, &c. to sue, 19, 448 death of her husband or wife, plaintiff, 31, surviving obligor, &c. to be sued, 50 in actions in form ex delicto, survivor to sue, 67, 448 death of husband or wife, plaintiff, 75 death of husband or wife, defendant, 92, 93 of a sole plaintiff pending the action, 448 rule of actio personalis moritur cum persona, 68, 89 altered by 3 & 4 W. 4, c. 52, sect. 2, 70, 715 ABATEMENT, PLEAS IN, (As to pleas to jurisdiction, see title Jurisdiction.) ABATEMENTS, PLEAS IN-(continued.) an infant suing by attorney, ib. coverture, (see title Coverture,) 449 of the defendant, coverture, (see title Coverture,) 449 Relating to the count, 450 variance between writ and count no longer pleadable, 431, 450 Relating to the writ or bill, 450 why so called, and their effect, ib. to the form of the writ, now abolished, 451 variance or defect in writ not now pleadable, 431 want of venue, 279 mistake in addition, when not pleadable by a peer, 457 misnomer, (see title Misnomer,) abolished and substituted reme nonjoinder or misjoinder, when and how to be taken advantage of, plaintiffs not married, ib. one of plaintiffs fictitious or dead, ib. another joint contractor, &c. not sued, 46, 452, 453, 716, 717 officer or attorney improperly sued, 453 to the action of the writ, ib. action misconceived as to form, 453 action prematurely brought, ib. Qualities of, &c. 454, 457 may be to the whole or part of the declaration, 458 may demur to part, and plead in bar or abatement to other part, ib. certainty and accuracy required in framing pleas in abatement, 457 this is the criterion to distinguish it from a plea in bar, ib. as to conclusion, 454, 469 venue not necessary, 478 duplicity, what objectionable, 458, 532 cannot plead two outlawries, &c. 532 cannot plead in abatement and bar to the same matter, ib. 458 Form and general requisites of, 454 title of the plea, 455 when may be with a special imparlance, 437, 455 of what term, 455 consequences of mistake, 456 aided if replied to, ib. present practice as to time, ib. names of parties in the margin, ib. commencement of the plea, ib. accuracy required in statement of, ib. 462 |