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1839.

REGULA GENERALIS.

immediately after the execution hereof, to be rendered to the said A. B. for the said sum of money so ordered to be paid by the said C. D. to the said A. B., and for interest as aforesaid ; and that

you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us at Westminster immediately after the execution thereof, and have there then this writ.

Witness, Thomas Lord Denman, at Westminster, the day of

in year of our Lord

day of

No. IX. Writ of fieri Victoria, by the grace of God, of the United Kingdom of facias on an Great Britain and Ireland Queen, Defender of the Faith, to the order of the

Sheriff of Court of Q. B.

greeting. We command you that of the goods for payment of and chattels of C. D. in your bailiwick, you cause to be made money and

which lately in our Court before us at Westminster, by a costs.

rule of our said Court entitled, &c. [as the case may be], were by the said Court ordered to be paid by the said C. D. to A. B., together with the costs of the said rule, which said costs were afterwards, on the

in the year of our Lord taxed and allowed by our said Court at the sum of ; and that of the said goods and chattels of the said C. D. in your bailiwick, you

further cause to be made interest upon the said two several sums of and at the rate of four pounds per centum per annum, from the said

in the year of our Lord

(a), and have that money, together with such interest as aforesaid, before us at Westminster immediately after the execution hereof, to be rendered to the said A. B. for the said sum of money so ordered to be paid by the said C. D. to the said A. B., and for costs and interest as aforesaid, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us at Westminster immediately after the execution thereof, and have there then this writ,

Witness, Thomas Lord Denman, at Westminster, the day of in the

year

of our Lord

day of

(a) The day on which the costs of the rule were taxed, or if that were prior to the 1st of October,

1838, say

“ from the 1st day of October, in the year of our Lord 1838."

99

in the year

1839. No. X. VICTORIA, by the grace of God, of the United Kingdom of

REGULA

GENERALIS. Great Britain and Ireland Queen, Defender of the Faith, to the

Writ of fieri Sheriff of greeting. We command you, that of the goods

facias on a and chattels of C. D. in your bailiwick, you cause to be made judgment of

which A. B. lately in [insert the style of the Court], by the an inferior judgment of the said Court, recovered against the said C. D. for action of ashis damages which he had sustained, as well on occasion of the sumpsit, renot performing certain promises and undertakings then lately moved into

the Court of made by the said C. D. to the said A. B., as for his costs and

Queen's charges by him about his suit in that behalf expended, whereof Bench. the said C. D. is convicted, as appears to us of record; and which judgment was afterwards, on the day of of our Lord removed into our Court before us at Westminster, by virtue of an order of our said Court before us at Westminster, [or "of one of the justices of our said Court before us at Westminster," as the case may be], in pursuance of the statute in such case made and provided, and the costs attendant upon the application for the said order, and upon the said removal, were, on the day of in the year of our Lord

taxed and allowed by our said Court before us at Westminster, at the sum of : And we further command you, that of the said goods and chattels of the said C. D. in your bailiwick, you further cause to be made the said sum of (a), together with interest on the said two several sums of and the rate of four pounds per centum per annum, from the said

day of in the year of our Lord (6); and that you have that money, with such interest as aforesaid, before us at Westminster immediately after the execution hereof, to be rendered to the said A. B. for his damages aforesaid, and for costs and interest as aforesaid; and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf: and in what manner you shall have executed this our writ make appear to us at Westminster immediately after the execution thereof, and have there then this writ. Witness, Thomas Lord Denman, at Westminster, the

day of

in the year of our Lord

at

(6) The day on which the costs of removal were taxed.

(a) The costs attendant upon the removal of the judgment out of the inferior Court into the Court of Queen's Bench.

1839.

No. XI. Victoria, by the grace of God, of the United Kingdom of Great REGULA GENERALIS.

Britain and Ireland Queen, Defender of the Faith, to the Sheriff of Writ of fieri

greeting. We command you, that of the goods and chattels facias on an of C. D. in your bailiwick, you cause to be made

which lately order for pay- in [insert the style of the Court], by a rule of the said Court, entiment of money tled, &c. (as the case may be], were by the said Court ordered to inferior Court, be paid by the said C. D. to A. B., and which rule was afterwards, and removed

on the

day of

in the year of our Lord removed into into the Court of Queen's

our Court before us at Westminster, by virtue of an order of our Bench. said Court before us at Westminster (or “of

one of the justices of our said Court before us at Westminster," as the case may be], in pursuance of the statute in that case made and provided; and the costs attendant upon the application for the said last-mentioned order, and upon the said removal, were, on the

day of in the year of our Lord taxed and allowed by our said Court before us at Westminster, at the sum of : And we further command you, that of the said goods and chattels of the said C. D. in your bailiwick, you further cause to be made the said sum of (a), together with interest on the said two several sums of and at the rate of four pounds per centum per annum, from the said day of (6), and that you have that money, with such interest as aforesaid, before us at Westminster immediately after the execution hereof, to be rendered to the said A. B. for the said monies by the said rule first above mentioned, ordered to be paid by the said C. D. to the said A. B., and for costs and interest as aforesaid ; and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us at Westminster immediately after the execution thereof, and have there then this writ. Witness, Thomas Lord Denman, at Westminster, the

day of in the year of our Lord

No. XII. Writ of fieri Victoria, by the grace of God, of the United Kingdom of facias on an Great Britain and Ireland Queen, Defender of the Faith, to the order for pay- Sheriff of

greeting. We command you, that of the goods ment of money and costs made and chattels of C. D. in your bailiwick, you cause to be made in an inferior Court and re- (a) The costs of removing the of removing the rule of the inferior moved into the rule of the inferior Court into the Court into the Court of Queen's Court of Q. B. Court of Queen's Bench.

Bench were taxed. (6) The day on which the costs

1839.

REGULA GENERALIS,

day of

day of

day of

which lately in [insert the style of the Court}, by a rule of the said Court entitled, &c. [as the case may be], were by the said Court ordered to be paid by the said C. D. to A. B., and also

for the costs of the said rule by the said Court also ordered to be paid by the said C. D. to the said A. B., which said rule was afterwards, on the

in the year of our Lord removed into our Court before us at Westminster, by an order of our said Court before us at Westminster (or “of

one of the justices of our said Court before us at Westminster,” as the case may bej, in pursuance of the statute in such case made and provided, and the costs attendant upon the application for the said last-mentioned order, and upon the said removal were, on the

in the year of our Lord taxed and allowed by our said Court before us at Westminster, at the sum of And we further command you, that of the said goods and chattels of the said C. D. in your bailiwick, you further cause to be made the said sum of (a), together with the interest on the said three several sums of and and

at the rate of four pounds per centum per annum, from the said

in the year of our Lord (6), and that you have that money, with such interest as aforesaid, before us at Westminster immediately after the execution hereof, to be rendered to the said A. B. for the monies by the said rule first above mentioned, ordered to be paid by the said C. D, to the said A. B., and for costs and interest as aforesaid, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us at Westminster immediately after the execution thereof, and have there then this writ. Witness, Thomas Lord Denman, at Westminster, on the day of

in the
year

of our Lord
(Signed) DENMAN,

E. H. ALDERSON,
N. C. TINDAL, J. PATTESON,
ABINGER,

J. GURNEY,
J. LITTLEDALE,

J. WILLIAMS,
J. VAUGHAN, J. T. COLERIDGE,
J. PARKE,

T. COLTMAN,
J. B. BOSANQUET, T. ERSKINE.
(a) The costs of removing the (6) The day on which the costs
rule from the inferior Court into of removing the rule from the in-
the Court of Queen's Bench. ferior Court into the Court of

Queen's Bench were taxed. VOL. I.

z

1839.

quam indebi

demurred spe

Friday,

BURROUGHS v. HODGSON. January 11th.

1. Debt for DEBT. The declaration stated the defendant to be in61. for goods sold and deli- debted to the plaintiff, on the 10th October, 1836, in 61., vered. Pleas, for goods sold and delivered, and in 61. on an account as to all but 11. 138., nun

stated. tatus, and as

Plea, as to the sum of 1l. 13s. Sd., parcel &c., the deto 11.15s., par- fendant says actionem non, because he says that the 10th cel, &c. the Westminster day of October next after the making, the 6 & 7 Will. 4, Court of Re

c. cxxxvii. (local and personal), (the Westminster Court of quests' Act, with an aver- Requests' Act), elapsed before the commencement of this ment that

suit. Averment, that at the time of the commencement of the defendant was not in

the suit, the defendant was not indebted to the plaintiff to debted to the plaintiff to a

a greater amount than the said sum of 1l. 13s. 8d. The greater amount defendant then pleaded the usual plea, bringing himself than the said sum of 11.13s.” within the act, and concluded thus : " and the defendant The defendant

further

says,

that before and at the commencement of this cially to the

suit, the said debt of 1l. 15s. 8d., being a debt not exceeding latter plea, on the grounds,

40s., was recoverable by the plaintiff against and from the first, that it

defendant in the said Court &c., by virtue of the said act; to the whole and that the plaintiff brought this action as to the sum of action, and

11, 13s. 8d. in this Honourable Court, contrà formam statuti, was only pleaded to part;

Verification, second, that

Special demurrer, assigning for cause that the plea bethe plaintiff could not safe. gins as an answer to part of the declaration, viz. the said ly take issue

sum of 1l. 1Ss. 8d., parcel &c. only, thereby impliedly Held, that as a admitting that the residue of the demand in the declaration defendant not is due to the plaintiff, and yet the plea contains an answer being indebted (and is by its nature and by the act of parliament therein in more than 11. 13s., would mentioned an answer) to the whole of the declaration, which have raised an

is inconsistent and repugnant; and that as the plea is pleaded immaterial issue, the plea to the said sum of 1l. 13s. Sd., parcel &c. only, the plaintiff Semble

, that cannot consistently, or without evident irrelevancy, take the plea was not bad on the former ground, as it must be taken in connection with the previous plea of nunquam indebitatus to the residue, and that the two pleas formed but one answer to the declaration.

2. Although the rule of Court, 9 Geo. 4, directs the pleadings demurred to only to be set out in the demurrer books, the Court on argument may look to the whole record.

was an answer

upon it:

was bad.

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