BOOK II.

PART IV.

PROCEEDINGS UPON JUDGMENT BY CONFESSION OR

DEFAULT,

CHAPTER I.

JUDGMENT BY COGNOVIT.

1. Cognovit in Assumpsit.

In the Q. B. [or "C. P." or "Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant. I confess this action, and that the plaintiff hath sustained damages to the amount of £--(the damages laid in the declaration), besides his costs and charges, to be taxed by one of the masters [or, if already taxed or agreed on, say "to the amount of £- -"]; and in case I shall make default in payment of the sum of £- (the real debt), being the debt in this action, together with the said costs, on the day of next, the plaintiff shall be a liberty to enter up judgment for the said sum of (the sum confessed; or, if in debt and the whole debt be confessed, say, "the said debt"), together with the said costs, and to sue out execution thereon for the said sum of £- (the real debt) and the said costs, and also for the costs of entering up such judgment, and of suing out execution thereon, officers' fees, sheriff's poundage, costs of levying, and all other incidental expenses: And I do hereby undertake not to bring any writ of error, nor file any bill in equity, nor do any other matter or thing to delay the said plaintiff from entering up his judgment or suing out execution thereon, as aforesaid (a); also that it shall not at any time or in any event be necessary, previous to issuing the said execution, to revive the said judgment, or to sue out or execute any writ of scire facias. Dated this -day of [C. D.J Witnessed by me, W. W. of No. -, South Square, Gray's Inn, attorney of the court of the attorney of the said C. D., expressly named by him, and attending at the execution hereof at his request, to inform him of the nature and effect hereof before the same was executed; and I hereby subscribe as and declare myself to be attorney for him,

as

1840.

(a) As to this clause see 2 Chit. Ar. Pr. 675.

having first informed him of the nature and effect of this cognovit previous to his execution thereof (a).

[See 2 Chit. Ar. Pr. 674.]

[W.W.]

2. Cognovit in Debt.

In the Q. B. [or "C. P." or "Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant.

I confess the debt in this cause [or if part only, "I confess that I owe to the above-mentioned plaintiff £--, parcel of the debt by him in his declaration in this action demanded"], and that the plaintiff hath sustained damages to the amount of one shilling on occasion of the detaining thereof, besides his costs [&c. conclude as in preceding form.]

[See form, post.]

3. Cognovit, in Ejectment.

4. Cognovit, with a Relictá Verificatione.

In the Q. B. [or "C. P." or "Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant. I do hereby agree to withdraw the plea [or "demurrer"] by me pleaded in this cause; and do confess this action [or "the debt in this cause," [&c. conclude as in the preceding forms.]

[See 2 Chit. Ar. Pr. 676, 680.]

5. Cognovit, by Two Defendants in Debt, and where the Debt is payable by Instalments, &c. with a Relictá Verificatione.

In the Q. B. [or "C. P." or "Exch. of Pleas."]

Between A. B. plaintiff and C. D. and E. F. defendants.

We confess the debt in this cause amounting to £--, and that the plaintiff has sustained damages to the amount of one shilling on occasion of the detaining thereof, besides his costs and charges in this behalf, amounting to £- [or, "to be taxed," &c. as in the form, ante, 317,] and judgment may be forthwith entered up for the said debt and costs: and we and each of us hereby agree to pay the said debt and costs by the following instalments, that is to say, the sum of £--, part thereof, on the- day of now next ensuing; the further sum of £, other part thereof, on the day of every succeeding month, until the whole of the said debt and costs be fully paid and satisfied; it being hereby understood and agreed that no execution is to issue on the said judgment until default be made by us, or either of us, in the payment of the said instalments, or any or either of them, on the days and at the times they respectively become due and payable as aforesaid, when the plaintiff shall be at liberty thereupon forthwith to sue out execution for the same, or for the whole of the said debt and costs that remain unpaid, together with the amount of officers' fees, sheriff's poundage, costs of levying, and all other incidental expenses. And we hereby agree to withdraw the plea [or "demurrer"] pleaded [or "put in"] by us in this

(a) This attestation is now necessary since 1 & 2 Vict. c. 110, s. 9, whether the person giving the cogno

vit be a prisoner or not. See as to its requisites 2 Chit. Ar. Pr. 685.

action, and undertake not to bring any writ of error in this cause, or file any bill in equity, or do any other matter or thing whereby the plaintiff may be delayed in entering up his judgment or suing out execution thereon as aforesaid; also that it shall not at any time or in any event be necessary, previous to issuing the said execution, to revive the said judg ment, or to sue out or execute any writ of scire facias. Dated this day of

A. D.

Witnessed [&c. see the form, ante, 317, No. 1.]

6. Cognovit by Executor admitting assets, &c.

In the Q. B. [or "C. P." or "Exch. of Pleas."]

C. D.

E. F.

Between T. D., plaintiff, and A. B., executor of the last will and testament of P. B., deceased, defendant.

I confess this action, and that the plaintiff hath sustained damages to the amount of £, besides his costs and charges as between attorney and client, to be taxed by the master, [and I do also acknowledge, that goods and chattels that were of the said P. B. at the time of his death of the value of the damages and costs aforesaid, and wherewith I am liable to pay, and ought to have paid the same, have come to my hands as executor as aforesaid to be administered, and that I have eloigned, wasted, and disposed thereof to mine own use, and in case I shall make default in the payment of the debt and costs agreed on in this action, and interest thereon, in manner following, that is to say [here set out mode of payment agreed on], the plaintiff shall be at liberty to enter up judgment for the said debt, interest, and costs, or so much thereof as shall remain due at the time of entering up such judgment, and also for the costs of entering up such judgment and suing out execution thereupon, and shall be at liberty to sue out execution thereon, together with the amount of sheriff's poundage, officers' fees, costs of levy, and all other incidental expenses, [and I undertake that the plaintiff may in every respect hold me as personally liable for the said debt and costs, and enter up and enforce this judgment accordingly]: And I undertake and agree that it shall not be necessary for the plaintiff to issue out any writ or writs of scire facias upon the said judgment, for the purpose of reviving the same, or of suggesting a devastavit, or to bring any action upon that judgment in order to enforce satisfaction thereof, and that I will not file any bill in equity, nor sue out any writ of error, nor do any other act, matter, or thing, whereby the said plaintiff may be delayed from entering up such judgment, and suing out execution upon default made as aforesaid. Dated this day of A. B.

Witnessed [&c. see the form, ante, 317, No. 1.]

7. Confession of Trespasses newly assigned, and Relinquishment of the General Issue to a Declaration, so far as it relates to such Trespasses.

D.

And the defendant, as to the said trespasses above newly assigned, ats. freely here in court confesses the said action of the plaintiff, and that B. the defendant was and is guilty thereof, and that the plaintiff hath sustained damages in respect thereof to a small amount, to wit, to the sum of 1s., which the defendant is ready and willing to pay to the plaintiff. And the defendant fully relinquishes and abandons so much of his said [first] plea by him above pleaded as traverses or denies, or can be deemed

or construed to traverse or deny the said trespasses above newly assigned, or any part thereof, or that the plaintiff hath sustained damages in respect thereof, &c.

D.

ats.

8. Relictá Verificatione to a Rejoinder and Plea.

And hereupon the defendant, inasmuch as he cannot deny that the said rejoinder to the said replication of the plaintiff to the said B. plea of the defendant by him [secondly] above pleaded in bar, and the matters therein contained, in manner and form as the same are above stated and set forth, are not sufficient in law, freely here in court relinquishes the said rejoinder and the said plea of the defendant by him [secondly] above pleaded in bar, and wholly abandons all verification thereof: Therefore let no regard whatever be further had to the said plea of the defendant by him [secondly] above pleaded in bar, or to the said rejoinder to the said replication to the said [second] plea.

9. Judgment by Cognovit, in Assumpsit, in Q. B.

In the Q. B. [or "C. P." or "Exch. of Pleas."]

On the day of, A. D. (date of the declaration or of the judgment, if the cognovit were given before declaration). (to wit.) A. B. by P. A. his attorney [&c. proceed to the end of the declaration, and then on a new line thus:]

And on the day of - A. D. (day of signing judgment), the defendant, by D. A., his attorney, says, that he cannot deny the action of the plaintiff, nor but that he the defendant did promise, in manner and form as the plaintiff hath above alleged; nor but that the plaintiff hath sustained damage, on occasion of the not performing of the said promises in the said declaration mentioned, to £- as by the said declaration is above alleged: And hereupon the plaintiff prays judgment, and his damages so acknowledged, together with his costs and charges by him about his suit in this behalf expended, to be adjudged to him, &c.: Therefore it is considered that the plaintiff do recover against the defendant his damages aforesaid to £- in form aforesaid acknowledged, and also £- for his said costs and charges by the court here adjudged to the plaintiff, and with his assent; which said damages, costs, and charges, in the whole, amount to £- and the defendant in mercy, &c. the words "Therefore it is con

[In the margin of the roll, opposite sidered," write "Judgment signed the the margin opposite the words, " mercy,

day of, 18-; also in &c." at the end write "mercy."]

10. The like in Assumpsit, after Issue, with a Relictá Verificatione. [Proceed to the end of the issue and award of venire, as in the form ante, 43, &c., and then thus:] At which day come here, as well the plaintiff as the defendant by their respective attornies aforesaid, and hereupon the defendant by his said attorney, relinquishing his said plea by him above pleaded, says that he cannot deny the action of the plaintiff, nor but that he the defendant did promise [&c. conclude as in the preceding form, No. 9.]

11. Judgment by Cognovit in Debt on Bond.

In the Q. B. [or “ C. P.” or “ Exch. of Pleas."]

to wit.

On the

day of

A. D.

-(the date of the declaration, or of the judgment, if the cognovit was given before declaration).

A. B. by P. A. his attorney &c. [proceed to the end of the declaration, and then on a new line thus:]

And on

(day of signing final judgment) the defendant, by D. A. his attorney, says, that he cannot deny the action of the plaintiff, nor but that the said [writing obligatory] is the deed of the defendant, nor but that he owes to the plaintiff the said sum of £— above demanded, in manner and form as the plaintiff hath above alleged. Therefore it is considered that the plaintiff do recover against the defendant his said debt, and also £ for his damages which he hath sustained, as well on occasion of the detaining the said debt, as for his costs and charges by him about his suit in this behalf expended, by the court here adjudged to the plaintiff, and with his assent: and the defendant in mercy &c.

[In the margin of the roll, opposite the words "Therefore it is considered," write "Judgment signed the day of 18-;" also in

the margin, opposite the words "mercy &c." write "mercy."]

12. Judgment in Debt by Cognovit as to Part, with a Remittitur as to the Residue.

[Proceed as directed in the last preceding form, to the end of the statement of the declaration, and then on a new line thus:]

And on the day of -, A. D. ·(day of signing judgment) the

defendant, by D. A. his attorney, says, that he cannot deny the action of the plaintiff, nor but that he the defendant does owe to the plaintiff the sum of £- parcel of the said sum above demanded: And upon this the plaintiff freely here in court remits to the defendant the sum of £, residue of the said sum above demanded, and all damages by him sustained on occasion of the detention of the said sum of £- residue &c., and prays judgment for the said debt of £- - parcel &c. so acknowledged as aforesaid, together with his costs and charges by him about his suit in this behalf expended, to be adjudged to him, &c. Therefore it is considered that the plaintiff do recover against the defendant the debt of £, parcel, &c., in form aforesaid acknowledged, and also £— for his damages which he hath sustained, as well on occasion of the detaining the said debt of £- so acknowledged as aforesaid, as for his said costs and charges by the court here adjudged to the plaintiff, and with his assent: and the defendant in mercy &c. And let the defendant be acquitted of the said sum of £- residue &c., and the damages aforesaid in form aforesaid remitted &c. [Add the marginal notes as directed in the form, supra.]

13. Judgment by Cognovit in Debt, after Issue, with a Relictá Verificatione.

[Proceed to the end of the issue, as in the form, ante, 43, &c. and then thus:] At which day come here, as well the plaintiff as the defendant, by their respective attornies aforesaid; and hereupon the defendant, relinquishing his said plea by him above pleaded, saith that he cannot deny the action of the plaintiff, nor but that the said writing obligatory is the deed [&c. conclude as in the form, supra, No. 11.]