19. Judgment where one Defendant is found guilty and another acquitted, and the Judge certifies to deprive the acquitted Defendant of his Costs (a). [Commence and proceed in the entry of the judgment as in the form, ante, 102, No. 1, to the end of the statement of the postea, then state the judge's certificate on the judgment thus:] And hereupon the right honourable Lor "sir knight," the chief justice [or "chief baron,' or "justice," or "baron,"] within-mentioned, according to the form of the statute in such case made and provided, on the day of —, A-D., certifies upon this record under his hand, that there was reasonable cause for making the said E. F. a defendant in this action. Therefore it is considered that the plaintiff do recover against the said C. D. his said damages, costs and charges by the jurors aforesaid in form aforesaid assessed, and also the sum off for his said costs and charges by the court here adjudged of increase to the plaintiff, and with his assent; which said damages, costs and charges in the whole amount to £; and the said C. D. in mercy [&c. so state the judgment according to the nature of the action; see the form in debt, ante, No. 5; in covenant, ante, No. 9; in detinue, ante, No. 10; in trespass &c. ante, No. 12.] It is also considered by the said court here, that the plaintiff take nothing by his said writ as against the said E. F., but that he and his pledges (6) to prosecute be in mercy &c., and that the said E. F. do go thereof without day &c. 20. The like, where the Judge does not so certify (c). [Proceed as in the preceding form to the end, and then thus:] And it is further considered by the court here, that the said E. F. do recover against the plaintiff £ for his costs and charges by him about his defence in this behalf laid out and expended by the court here adjudged to the said E. F., and with his assent, according to the form of the statute in such case made and provided, and that the said E. F. have execution thereof, &c. 21. Judgment where there are Issues in fact and in law, and the Issue in fact was tried first, and found for the Plaintiff, and the Demurrer was afterwards decided for Defendant, and it went to the whole Cause of Action, and Plaintiff's Costs exceed Defendant's. [Proceed as in the entry of the judgment as usual, to the end of the postea, and then thus:] But because it is unknown to the court here whether or not the defendant will be convicted of the premises aforesaid, whereof the parties aforesaid have put themselves upon the judgment of the court, therefore let the giving of the judgment in this behalf against the defendant be stayed until the issue aforesaid whereon the said parties have put themselves upon the judgment of the court shall have been ad (a) The 3 & 4 Will. 4, c. 42, s. 32, allows the judge so to certify. See the form of the judgment where one defendant suffered judgment by default, post. (b) It should seem that the statement as to the pledges is no longer re quisite in actions commenced by the process prescribed by the 2 Will. 4, c. 39. (c) The 3 & 4 Will. 4, c. 42, s. 32, gives the acquitted defendant his costs in all personal actions when the judge does not so certify. judged and determined: And because the court here are not yet advised what judgment to give of and upon the premises whereon the parties aforesaid have put themselves upon the judgment of the court, a day is given for the said parties here until to hear judgment thereupon, for that the said court here are not yet advised thereof, &c. At which day come here the parties aforesaid by their respective attornies aforesaid, whereupon all and singular the premises aforesaid, whereof the parties have put themselves upon the judgment of the court, being seen and by the court here fully understood, and mature deliberation being thereupon had, it appears to the said court here, that the said [third] plea of the defendant by him above pleaded is sufficient in law. Therefore it is considered that the plaintiff take nothing by his writ, but that he be in mercy &c., and that the defendant go thereof without day &c: And because the costs and charges of the plaintiff, by him about his suit on occasion of the said [second] plea in this behalf laid out and expended, exceed the costs and charges of the defendant by him laid out and expended about his defence upon and under his said [first] and [third] pleas by the sum of £— : Therefore it is further considered by the court here, that the plaintiff do recover against the defendant the said sum of £- for his said costs and charges by him laid out and expended about his suit on occasion of the said [second] plea by the court here adjudged to the plaintiff, and with his assent, according to the form of the statute in such case made and provided, and that the plaintiff have execution thereof, &c. 22. Judgment for Plaintiff, with Suggestions of Deaths, &c. [See the form, post, Book 4, Part 1, Chap. 31.] 23. Judgment for the Defendant in general. [Commence and proceed in the entry of the judgment as in the form, ante, 102, No. 1, but state the judgment itself thus:] Therefore it is considered that the plaintiff take nothing by his said writ, but that he be in mercy &c., and that the defendant do go thereof without day &c. And it is further considered by the court here that the defendant do recover against the plaintiff £— - for his costs and charges by him about his defence in this behalf laid out and expended, by the court here adjudged to the defendant, and with his assent, according to the form of the statute in such case made and provided, and that the defendant have execution thereof &c. [In the margin of the Roll opposite the words "Therefore it is considered," &c., write" Judgment signed the day of A. D.. [This form is applicable, though there be several issues which are all found for the defendant.] [See 1 Chit. Ar. Pr. 335.] 24. Docket Paper of Judgment (a). The entry of P. A. gentleman, one &c., on the A. D. day of, (Venue.) Judgment in debt, on verdict between A. B. plaintiff Roll and C. D. defendant, for £- costs. debt, and £ (a) The docketting of judgments under 4 & 5 W. & M. c. 45, is no longer requisite. Registration has been substituted for it by 2 & 3 Vict. c. 16. (Venue.) Judgment in assumpsit, [&c. as the case may be] on verdict between A.B. plaintiff and C.D. defendant, for £ costs. damages, and £- 25. Register of Judgment, &c., under 1 & 2 Vict. c. 110, s. 19. Filed the [16th] day of [September, 1839,] By [George Johnson, No. 7. King's Bench Walk, Temple, London.] (Signature and Address of Attorney.) JUDGMENT, DECREE, ORDER, Or Rule. A [Judgment] of the Court of [Queen's Bench,] TITLE OF THE CAUSE OR MATTER IN WHICH THE SAME HAS BEEN OBTAINED. H. B. V. J. L. and C. L. NAME, &C. OF THE PERSON WHOSE ESTATE IS INTENDED TO BE AFFECTED. ACCOUNT OF THE DEBT, DAMAGES, COSTS, OR MONIES THEREBY 26. Memorial of Registry of Judgment, in Middlesex or Yorkshire. A memorial to be registered pursuant to the statute, &c. day of A. D. Of a judgment in her Majesty's Court of Queen's Bench, [or "Common Pleas," or "Exchequer of Pleas," of the between A. B. plaintiff and C. D. defendant, in an action of debt for £, and shillings damages [or in assumpsit, "in an action on promises, damages, &c. £- costs of increase £in all £- ," or as the action is.] 27. Certificate of the Master thereon. I do hereby certify, that judgment was signed in the above cause the · day of 1840. 28. Affidavit of Signature. [Master's name.] E. F. of, maketh oath and saith, that he was present and did see L. B., esquire, one of the masters of the court of [Queen's Bench], sign the certificate of the judgment in the memorial above mentioned. Sworn [&c. See Index, tit. " Jurat."] E. F. SECTION III. WRIT OF ERROR. 1. From the Queen's Bench, Common Pleas, or Exchequer, to the Exchequer Chamber (a), 109 to 125. 2. To the House of Lords after the Affirmance or Reversal in the Exchequer Chamber, 126 to 135. 3. From Inferior Courts of Record to the Queen's Bench, 136 to 141. 4. To the House of Lords after Judgment of Inferior Court affirmed, &c. in Queen's Bench, 141. 5. Coram Nobis or Coram Vobis, 142 to 149. 1. WRIT OF ERROR FROM THE QUEEN'S BENCH, COMMON PLEAS, OR EXCHEQUER, TO THE EXCHEQUER CHAMBER. 1. Præcipe for the Writ. to wit. Writ of error for C. D., at the suit of A. B., on a judgment in debt, [or as the form of action was,] in the Queen's Bench, [or " in the Common Pleas," or "Exchequer," as the case may be,] returnable on the day of A. D. 1840. D. A. attorney. [See 1 Chit. Ar. Pr. 357.] 2. The Writ. 1840. Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to our right trusty and wellbeloved the Right Honourable Thomas Lord Denman, our chief justice assigned to hold pleas in our court before us, [if from the C. P. " to our right trusty and well-beloved Sir Nicholas Conyngham Tindal, knt., our chief justice of the Common Bench," if from the Exchequer "to our treasurer and barons of our Exchequer," greeting: Forasmuch as in the record and proceedings, and also in the giving of judgment in a plaint which was in our court before us, [if from the C. P. "before you and your companions our justices of the Bench," if from the Exchequer, "before you the said barons in our court of the said Exchequer"] between A. B. and C. D. of a plea of debt (or as the form of action was), as it is said manifest error hath intervened, to the great damage of the said C. D., as by his complaint we are informed. And whereas (b) by a statute made in our parliament at a session thereof holden at Westminster, in the county of Middlesex, in the first year of the reign of William the Fourth, intituled, "An Act for the more effectual Administration of Justice in England and Wales," it was (amongst other things) enacted, that writs of error, upon any judgment given by any of our Courts of Queen's Bench, Common Pleas, and Exchequer, should thenceforth be made returnable only before the judges, or judges and barons, as the case might be, of the other two courts in the Exchequer Chamber, any law or statute to the contrary notwithstanding; that a transcript of the record only should be annexed to the return of the writ, and the Court of Error, after errors (a) See Index, tit. "Jurat." (b) The forms usually contain this recital of the statute, but it seems unnecessary. were duly assigned, and issue in error joined, should, at such time as the judges should appoint, either in term or vacation, review the proceedings, and give judgment as they should be advised thereon, and such proceedings and judgment, as altered or affirmed, should be entered on the original record; and such further proceeding as might be necessary thereon should be awarded by the court in which the original record remained; from which judgment in error no writ of error should lie or be had, except the same were made returnable in the High Court of Parliament, as in the said act is more fully contained: We therefore, being willing that the said error, if any there be, should in due manner be corrected according to the form of the statute aforesaid, and full and speedy justice done to the parties aforesaid in this behalf, do command you, that if judgment be thereupon given, then you distinctly and openly send, under your seal, to our justices of the Bench and the barons of our Exchequer of the degree of the coif [if from the Common Pleas," to our justices assigned to hold pleas in our court before us, and the barons of our Exchequer of the degree of the coif," if from the Exchequer, " to our justices assigned to hold pleas in our court before us, and our justices of the Common Bench," in the Exchequer Chamber aforesaid, on —, the day of next ensuing, a transcript of the record and proceedings of the plaint aforesaid, with all things touching the same, and this writ, that the said transcript and proceedings being viewed and examined by the said justices and barons [if from the Exchequer, omit "and barons"] they may cause to be further done thereupon what of right and according to the form of the statute aforesaid ought to be done. Witness ourself at Westminster, the — day of. in the year of our reign. [See 1 Chit. Ar. Pr. 357.] I have allowed a writ of error in this cause, this -day of 1839. One of the grounds of error which will be argued is, that [here state some particular ground of error.] [See 1 Chit. Ar. Pr. 357.] 4. Note of Bail for the Master. In the Q. B. [or "C. P." or " Exch. of Pleas."] M.A. D. A. defendant's attorney. [See 1 Chit. Ar. Pr. 365.] 5. Recognizance of Bail. You B. B. and J. B. do jointly and severally acknowledge to owe unto A. B. the sum of £- (a), to be levied upon your several lands and tenements, goods and chattels, upon condition that C. D. shall prosecute the writ of error herein into the Court of Exchequer Chamber with effect, (a) As to the amount see 1 Chit. Ar. Pr. 365. |