SECTION VIII.

NONSUIT.

1. Postea on a Nonsuit.

Afterwards, that is to say, on the day and at the place within contained, before the right honourable (name of chief justice, or in Excheq., of chief baron,) the chief justice [or "chief baron"] within-mentioned, esquire, being associated to the said chief justice [or" chief baron," 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 66 sir -, knight, one of the barons of the Exchequer of our lady the queen," according to the form of the statute in such case made and provided, come as well the within-named plaintiff as the withinnamed 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 [if the plaintiff was nonsuited after giving evidence, here say, " after evidence being given to them thereupon,"] withdrew from the bar here, to consider of the verdict to be by them given of and upon the premises; and after they had considered thereof and agreed among themselves, they returned to the bar here to give their verdict in this behalf. Whereupon the plaintiff, being solemnly called, comes not, nor does he further prosecute his suit against the defendant. Therefore, &c.

[See 1 Chit. Ar. Pr. 31.]

2. The like, in Trespass, against a Peace Officer.

[Same as in the above form to the asterisk*, and then thus:]-and the jurors of that jury, being summoned, also come, who, to speak the truth of the matters within contained, were chosen, tried, and sworn; and on the behalf of the said C. D., E. F., and G. H. (the defendants), it was given in evidence to the jurors aforesaid, that the said C. D. was a headborough, and that what he did was in the execution of his office of headborough aforesaid; and that what the said E. F. and G. H. respectively did, was in aid of the said C. D. and by his command; upon which the jurors aforesaid withdrew from the bar, &c. [conclude as in the last.]

3. Judgment on a Nonsuit.

[Commence and proceed in the entry of the judgment as in other cases, post, Chap. 5, s. 2, to the end of the postea, and then thus:]-Therefore it is considered that the plaintiff take nothing by his said writ, but that he (a) be in mercy &c., and that the defendant do go thereof without day &c.; and it is further considered 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

(a) It should seem that the averment of" and his pledges to prosecute," which used to be here inserted, is no

longer requisite or proper in actions commenced by writ of summons, writ of capias, or writ of detainer.

with his assent, according to the form of the statute in such case made and provided; and that the defendant have execution thereof, &c.

[See 1 Chit. Ar. Pr. 314.]

4. Fi. Fa. thereon.

Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of, greeting: We command you that you cause to be made of the goods and chattels in your bailiwick of A. P., the sum of £, which lately in our court before us [or in C. P. "before our justices," or in Exchequer "before the barons of our Exchequer,"] at Westminster, were awarded to C. D. according to the form of the statute in such case made and provided, for his costs and charges by him laid out and expended about his defence in a certain action on promises (or as the form of action was), lately brought in our said court by the said A. B. against the said C. D., for that the said A. B. did not prosecute the said action, whereof the said A. B. is convicted, as appears to us of record [in C. P. omit the words " as appears to us of record," or in Exchequer, say "as by inspecting the rolls of our said Exchequer appears to us:"] together with interest upon the said sum of £- at the rate of £4 per centum per annum, from the day of A.D. -, on which day the judgment aforesaid was entered up [or if the judgment was recovered before 1st Oct. 1838 (a) say "from the 1st day of October, 1838"]: and have that money with such interest as aforesaid before us [or in C. P. "before our justices," or in Exchequer, "before our barons,' at immediately after the execution

❝ on

to be rendered to the said C. D. for his costs and charges, and interest, aforesaid: and that you do all such things as by the statute passed in the second year of our reign you are authorised 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 [or in C. P., or in Exchequer, omit the word "then,"] this writ. Witness (name of chief justice or chief buron,) at Westminster, the day of in the year of our reign. Indorse this writ thus:- "Levy the whole [or levy £,'] and interest at 41. per cent. from 1839, besides sheriff's poundage, officer's fees, and all other incidental expenses. (b) The plaintiff' is a [tailor], and resides at [Brentford]. D.A. [Temple], defendant's attorney,

5. Testatum Fi. Fa. thereon.

1839.]

See a form, post; which, with the above form, may be readily adapted to meet the case.

6. Ca. Sa. thereon.

Victoria [&c. as in the form, ante, 88, No. 4,] to the sheriff of —, greeting: We command you that you take 4. B. if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us [or in C. P. "before our justices," or in Exchequer, "before our barons,"] at Westminster, on [or "immediately after the execution hereof,”]

(a) See 1 & 2 Vict. c. 110, s. 17. (b) It is doubtful whether more than the amount of the judgment can be levied, and it is safest not to levy

more; see Baker v. Sydee, 7 Taunt. 179; Woodgate v.. Knatchbull, 2 T. R.

158.

to satisfy C. D. £——— which lately in our court before us [or in C. P. "before our justices," or in Exchequer, "before our barons,"] at Westminster, were awarded to the said C. D., according to the form of the statute in such case made and provided, for his costs and charges by him laid out and expended about his defence in a certain action on promises (or as the form of action was), lately brought in our said court by the said A. B. against the said C. D., for that the said A. B. did not prosecute the said action, whereof the said A. B. is convicted, as appears to us of record, [in C. P. omit the words " as appears to us of record," or in Exchequer, say, 66 as by inspecting the rolls of our said Exchequer appears to us:] together with interest upon the said sum of £- at the rate of 41. per centum per annum, from the which day the judgment aforesaid was entered up [or if judgment was recovered before the 1st October, 1838 (a), say, "from the 1st day of October, A.D. 1838,"] and have you there then [or in C. P., or in Exchequer, omit the word "then,"] this writ. Witness -, (name of chief justice or chief baron,) at Westminster, the

of our reign.

day of

· day of

A.D.

in the ,

on

· year

Indorse this writ thus:-" Levy the whole [or levy £-,'] besides officer's fees, &c. (b) The plaintiff is a [tailor], and resides at [Brentford]. D. A. [Temple], defendant's attorney,

1839."

7. Testatum Ca. Sa. thereon.

See a form of testatum ca. sa. post; which, with the above form, may be readily adapted to meet the case.

8. Fi. Fa. after a Levy of Part.

See a form of fi. fa. after a levy of part, post; which, with the above form of fi. fa., may be readily adapted to meet the case.

9. Ca. Sa. after a Levy of Part.

See a form of ca. sa. after levy of part, post; which, with the above form of ca. sa., may be readily adapted to meet the case.

SECTION IX.

SPECIAL VERDICT.-SPECIAL CASE.

1. Postea on a Special Verdict.

Afterwards, that is to say, on the day and at the place within contained, before the right honourable (name of chief justice, or in Exch. of chief baron), the chief justice [or "chief baron"] within mentioned, esquire, being associated to the said chief justice [or "chief baron," 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

(a) See 1 & 2 Vic.. 110, s. 17.

(b) See note (b), ante, p. 88.

ac

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 cording to the form of the statute in such case made and provided,"] 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. state the facts proved at the trial with certainty and precision]. But whether or not upon the whole matter aforesaid, by the jurors aforesaid, in form aforesaid found, [state the substance of the issue joined, as thus: "the defendant be guilty of the grievances within specified"] the jurors aforesaid are altogether ignorant; and therefore they pray the advice of the court of our said lady the queen before the queen herself [or in C. P. "of the court of our said lady the queen of the Bench at Westminster," or in Exch. " of the court of our said lady the queen of her Exchequer at Westminster"]; and if, upon the whole matter aforesaid, it shall seem to the said court that [state the affirmative of the issue, as thus: "that the defendant is guilty of the grievances aforesaid"], then the jurors aforesaid, upon their oath aforesaid, say that [again state the affirmative of the issue: "that the defendant is guilty thereof, in manner and form as the plaintiff hath within complained against him;"] and in that case they assess the damages of the plaintiff by reason 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. But if upon the whole matter aforesaid, it shall seem to the court that [state the negative of the issue, as thus: "that the defendant is not guilty of the grievances aforesaid,"] then the jurors aforesaid, upon their oath aforesaid, say that [again state the negative of the issue: "the defendant is not guilty thereof, in manner and for 1 as the plaintiff hath within complained against him."]

[See 1 Chit. Ar. Pr. 316.]

2. Judgment thereon in Q. B.

[Counsel's signature.]

[Commence and proceed in the entry of the judgment to the end of the postea, supra, and then thus:] And because the court of our said lady the queen, before the queen herself, now here, are not yet advised what judgment to give of and upon the premises, a day is therefore given to the parties aforesaid, before our said lady the queen at Westminster, until to hear the judgment of the said court thereupon, for that the court of our said lady the queen before the queen herself now here are not yet advised thereof, &c.: At which day before our said lady the queen at Westminster, come as well the plaintiff as the defendant, by their respective attornies aforesaid, and hereupon all and singular the premises being seen and by the court of our said lady the queen before the queen herself now here fully understood, and mature deliberation being thereupon had, it appears to the said court here that the defendant is guilty of the grievances aforesaid in manner and form as the plaintiff hath above thereof complained against him. Therefore it is considered [&c. stating the judgment.]

[See 1 Chit. Ar. Pr. 318.]

In the Court of Q. B. [or "C. P." or " Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. This was an action of [assumpsit to recover £-, as money had and received by the defendant for the use of the plaintiff.] The defendant pleaded [non assumpsit.]

The cause came on to be tried before the right honourable knight, at the sittings for London [or " Middlesex,”] in [or "after"] term last [or at the assizes, "before the Honourable Mr. Justice

at the last spring (or summer') assizes, in and for the county of -"]; when a verdict was found for the plaintiff for £ damages, and costs of suit; subject to the opinion of the court upon the following

CASE.

[Here state the facts with conciseness, as proved or agreed to by the parties at the trial, and conclude as follows:]—

The question for the opinion of the court is, whether [&c. stating the question]; and if the court shall be of opinion that [&c. as insisted by the plaintiff's counsel], then the verdict is to be entered for the plaintiff, as aforesaid; but if the court shall be of a contrary opinion, then a verdict is to be entered for the defendant [or "a nonsuit is to be entered."] [Signatures of counsel.]

[See 1 Chit. Ar. Pr. 318.]

5. Postea, Judgment, and Execution thereon.

Same as in ordinary cases. See forms of posteas, post, 92, &c.; the form of judgment, post, Chap. 5, s. 2, &c.; the forms of execution, post.

(a) For the form of a special case stated by leave of the court or a judge before a trial, see post.