all further proceedings in this action be stayed. Dated this day of ―, 18-. CHAP. XX. To Mr. E. F. plaintiff's attorney. Upon reading the joint affidavit of G. H. and I. K. It is ordered, that the plaintiffs, and the assignees of the plaintiff I. Y. C., upon notice of this rule, to be given to them respectively, or to their respective attornies or agents, shall shew cause to this court, on next, why the said assignees should not forthwith appear, and state to this court, the nature and particulars of their claim to the sum of money sought to be recovered from the defendants, by the plaintiff's in this action, and to maintain or relinquish their claim; and why the said defendants should not be paid their costs of and occasioned by this action, and this application, to be taxed by one of the prothonotaries of this court, by such parties as the court may direct and in the mean time, and until this court shall otherwise order, let all further proceedings in this cause be stayed. ($ 2.) Rule nisi thereon. Ante, 130, 31. On the motion of Serjeant for defendants. By the Court. Cancellor. Upon reading a rule made in this cause, on last, the affidavit of I. Y. C. one of the plaintiffs in this cause, and the affidavit of L. M., and upon hearing counsel for the plaintiffs, for the defendants, and for the said L. M. and N. O. the assignees of the estate and effects of the plaintiff I. Y. C.; It is ordered, that all further proceedings in this cause against the defendants be stayed; and that the said plaintiffs, and the said L. M. and N. O. be restrained from proceeding against the said defendants, to recover the dividends for which this action is brought: And it is further ordered, that the said defendants do forthwith pay into the hands of the prothonotaries of this court, the sum of -l., being the amount of the dividends now due: And it is ordered, that the said L. M. and N. O. do pay to the said defendants, or their attorney, their costs of this action, and also of this application to the court, to be taxed by one of the prothonotaries of this court: And it is further ordered, that the said plaintiffs, and the said L. M. and N. O., as such assignees of the said plaintiff I. Y. C., do proceed (§ 3.) Rule absolute, for trial of right, on a feigned Ante, 130, 31. CHAP. XX. to try a feigned issue, to inquire whether the shares in the said company, and the dividends thereon, for which this action is brought, are the property of the said plaintiffs, as executors of F. C. deceased; in which issue the said plaintiffs are to be plaintiffs, and the said L. M. and N. O. as such assignees as aforesaid, are to be defendants: the said plaintiffs hereby undertaking to admit, on the trial of such issue, that the said L. M. and N. O. are assignees of the said plaintiff I. Y. C., a bankrupt: And it is further ordered, that the plaintiffs' costs in this cause, and the costs of the said plaintiffs, and of the said assignees, of this application, do abide the event of the trial of such issue. ($ 4.) Affidavit for obtaining judge's order, on interpleader act, On the motion of Serjeant for the defendants, Serjeant for the plaintiffs, and Serjeant for the said assignees. In the King's Bench, &c. (265.) By the Court. Cancellor. A. B. plaintiff, &c. (id.) C. D. of —, auctioneer, the defendant in this cause, maketh in action against oath and saith, that he this deponent was, before the commencement of this suit, retained and employed by one G. H. to sell by public auction, certain leasehold property, consisting of a dwelling house, (&c.) situate, (&c.); and that he this deponent, in pursuance of such retainer and employment, did, on the auctioneer, for deposit money. Ante, 128, &c. day of last, put up and expose the said property to sale by public auction; and that on such exposure to sale, the said A. B. the plaintiff in this suit, by E. F. his agent, became and was the purchaser of the said property, and did deposit, by such agent, in the hands of this deponent, as such auctioneer, the sum of 1. as a deposit, and in part payment of the purchase money of the said property. And this deponent further saith, that the said A. B. the purchaser of the said property, objects to the title thereof, and refuses to complete the said purchase; and hath brought his action against this deponent, to recover back the said sum of -1. so deposited with him as aforesaid. And this deponent further saith, that he this deponent does not claim any interest in the said sum of l., so being the subject matter of this suit as aforesaid, or any part thereof; but that the right thereto is claimed by the said G. H., the vendor of the said property, who has threatened to sue, and who, this deponent expects, will sue this deponent for the same. And this deponent further saith, that he does not in any manner CHAP. XX. collude with the said G. H., but is ready to bring the said sum of -l. into court, or to pay or dispose of the same, in such manner as this court, or any judge thereof, may order or direct. Sworn, (&c.) B. next, at C. D. (§ 5.) Summons, to Let the plaintiff's attorney or agent, and also Mr. G. H. his v. attorney or agent, attend me at my chambers, in Serjeants' shew cause D.) Inn, on of the clock, to shew cause, why thereon. an order should not be made for the said G. H. to appear, and state Ante, 128, &c. the nature and particulars of his claim to the sum of l., the subject matter of this action, and maintain or relinquish such claim; and why the defendant should not be at liberty to pay the said 7. into court: why it should not be referred to the master, (or prothonotaries,) to tax the defendant's costs of this action; and why such costs, when taxed, should not be paid to the defendant, out of the said sum: why all further proceedings in this action should not be stayed; and why the said G. H. should not be restrained from commencing proceedings against the defendant, in respect of the said sum ofl. Dated this sum of day (Judge's name.) B. Upon hearing the attornies or agents on both sides, and upon v. reading the affidavit of C. D. I do order, that the defendant D. do retain the sum of 1. for a week: also, that Mr. G. H. have a week's time to consider, whether he will defend the action, or not; if he do not resolve so to do, the money to be paid over to the plaintiff at that time, with costs, to be taxed and paid by the present defendant: and also, that Mr. G. H. be restrained from proceeding against the defendant, C. D.; and also, that if Mr. G. H. comes in to defend, he be made defendant, instead of the present defendant, C. D.; and that the plaintiff be at liberty to amend his declaration: and the present defendant, C. D. to have his costs, from the party ultimately unsuccessful. Dated the day of 18-. (Judge's name.) ($ 6.) Judge's order thereon. Ante, 128, &c. CHAP. XXII. PROCEEDINGS for STAYING JUDGMENT, after EXECUTION of INQUIRY; and for ASSESsing Damages, on STATUTE 8 & 9 W. III. c. 11. § 8. I hereby certify, that, in my opinion, judgment ought not to be signed upon this writ, until the defendant shall have had an opportunity to apply to the court of thereof. day of to set aside the execution (Undersheriff's name.) I hereby certify, that, in my opinion, judgment ought not to be signed upon this writ, until the expiration of days from this 18, that the defendant may have an opportunity, in the mean time, of applying to one of the judges of the court of one of the barons of the Exchequer ",) for an order to stay the judgment thereupon, until such day as the said judge (or, baron) shall think fit. B. v. (or, Let the plaintiff's attorney or agent attend me, at my chambers, in Serjeant's Inn, Chancery Lane, to morrow, at of the clock in the forenoon, (or afternoon,) to shew cause, why the judgment on the writ of inquiry executed in this cause, should not be stayed, until the second day of next ment, on writ of D. inquiry exe cuted, until a day in the following term. Ante, 132. term, or until such day as may be ordered, on the hearing of this summons. Dated the day of 18-. (Judge's, or Baron's name.) (4.) Judge's, or baron's, order thereon. Ante, 132. B. Upon hearing the attornies (or agents) on both sides, I do v. D. term. day of next order, that the judgment on the writ of inquiry executed in 18-. (Judge's, or Baron's name.) ($ 5.) Judgment by nil dicit, in debt on bond for per formance of covenants, where a breach is suggested after judgment, and awarded, for aswrit of inquiry sessing damages, on stat. 8 & 9 W. III. c. 11. (After the declaration in debt on bond, proceed, on a new line, as follows:) And the said C. D. by G. H. his attorney, (or, in his own proper person,) comes and defends the wrong and injury, when, &c. and says nothing in bar or preclusion of the said action of the said A. B.; whereby the said A. B. remains therein undefended against the said C. D.: wherefore the said A. B. ought to recover against the said C. D. his debt aforesaid, together with his damages by him sustained, on occasion of the detention thereof, &c. And hereupon the said A. B., according to the form of the statute in such case made and provided, suggests, and gives the court here to understand and be informed, that the said writing obligatory, Ante, 135, 6. whereon the said judgment was so recovered against the said C. D. as aforesaid, was made and given by him the said C. D. under and subject to a certain condition thereto subscribed, whereby, after reciting, &c. (stating the recital, if any, preceding the condition of the bond;) it was declared, that if, &c. (reciting the condition :) And for a breach of the said condition of the said writing obligatory, the said A. B. according to the form of the statute in such case made and provided, further suggests, and gives the court here to understand and be informed, that, &c. (suggesting the breach :) But because it is convenient and necessary that judgment hereupon should not be given, until the truth of the aforesaid breach of the said condition of the said writing obligatory, above suggested, shall have been inquired into, and the damages which the said A. B. hath sustained thereby, shall have been assessed by a jury of the country in that behalf, according to the form of the statute in such case made and provided; therefore let the giving of the said judgment be in the meantime stayed, &c. And the said A. B. having prayed the writ of our said lord the king, to be directed to the sheriff of to summon a jury to appear before him, to inquire of the truth of the aforesaid breach of the said condition of the said writing obligatory, above suggested, and to assess the damages which the said A. B. hath sustained thereby; therefore, according to the form of the statute in such case made and provided, the sheriff is commanded, that he summon twelve free and lawful men of his county, duly qualified For the mode of beginning the entry of this judgment, in K. B. see Append. to Tidd Prac. 9 Ed. Chap. XXII. §71; and, in C. P. and Exchequer, id. $73; and for the form of a declaration in debt on bond, before its commencement Award of writ of inquiry. |