by a writ issued out of this court, in these words:-Victoria, &c. [copy the writ] and the said E. F. has appeared to the said writ, and the said A. B., by his attorney aforesaid, says that the said debt due from the said E. F. to the said C. D. for, &c. [here state as in a declaration in ordinary cases]; and the said A. B. prays that execution may be adjudged to him accordingly for the said £ and for

costs of suit in this behalf.

Plea. The following plea thereto is prescribed by Reg. Gen. M. V. 1854, sched. 26:

["C. P.," or "Exch. of P."]

The said E. F. by

his attorney, says that he never was indebted to the said C. D., as alleged [or plead such other defence or several defences as in other

Issue.]-The following is the form of issue prescribed by Reg. Gen. M. V. 1854, sched. 27 :—

[Copy the declaration and pleadings, and conclude thus:]—Therefore let a jury come, &c.

Postea.]-The postea is the same as in ordinary cases, omitting the assessment of damages. (1)

4. Execution.]-The following forms of writs of execution upon a judgment, obtained by a judgment creditor against a garnishee are given by the Reg. Gen. M. V. 1854, scheds. 30 and 31 respectively :—

Fieri Facias against Garnishee.

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 omit not by reason of any liberty of your county, but that you enter the same, and of the goods and chattels of E. F., in your bailiwick, you cause to be made £ , the amount [or "part of the amount," if the debt be more than the judgment debt] of a debt due from the said E. F. to C. D. to satisfy [or "towards satisfying," if the debt be less than the judgment debt] which A. B., on the day of

£

, 18

[date of judgment against judgment debtor] by the judgment of our Court of Queen's Bench, [or "Common Pleas," or "Exchequer of Pleas,"] recovered against the said C. D., and whereupon it has been adjudged by our said court that the said A. B. should have execution against the said E. F. for the said £ and also £ which in our same

(') Reg. Gen. M. V. 1854, sched. 28.

court were adjudged to the said A. B. for his costs of suit, which he hath been put to on occasion of our writ sued out against the said E. F. at the suit of the said A. B. in that behalf, whereof the said E. F. is convicted, and have the said money before us, [or in the Common Pleas," before our justices, or in the Exchequer of Pleas, "before the barons of our Exchequer,"] at Westminster, immediately after the execution hereof, to be rendered to the said A. B. 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 on this behalf, and in what manner you shall have executed this our writ make appear to us, [or in the Common Pleas, "to our justices," or in the Exchequer, 66 to the barons of our Exchequer," as the case may be,] at Westminster, immediately after the execution hereof, and have you there this writ.

day of

in the year

Capias ad Satisfaciendum against Garnishee.

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 omit not by reason of any liberty of your county, but that you enter the same, and take E. F., if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us [or in the Common Pleas, "before our justices," or in the Exchequer, "before the barons of our Exchequer," as the case may be] at Westminster, immediately after the execution hereof to satisfy A. B. £ the amount [or "part of the amount," if the debt be more than the judgment debt,] of a debt due from the said E. F. to C. D., and for the levying of which it has been adjudged by our Court of Queen's Bench, [or "Common Pleas," or "Exchequer of Pleas,"] that the said A. B. should have the execation against the said E. F. to satisfy, [or "towards satisfying," if the debt be less than the judgment debt] £ which the said A. B. ,[the date of the judgment against the judgment debtor,] by the judgment of the said court recovered against the said C. D., and further to satisfy the said A. B. for his costs of suit, which he has been put to on occasion of our writ sued out against the said E. F. at the suit of the said A. B. in that behalf, whereof the said E. F. is convicted, and have you there then this writ. Witness in the year of our Lord

on

Westminster, the

day of

at

5. Discharge of garnishee.]-Payment made by or execution levied upon the garnishee under any of the proceedings is a valid discharge to him as against the judgment debtor to the amount paid or levied, although such proceedings may be set aside or the judgment reversed.(1)

6. Costs.]-The costs of any application for an attach

ment of debt under this act, and of any proceedings arising from or incidental to such application, is in the discretion of the court or a judge.(1) If no order be made the successful party is entitled to his costs as in ordinary cases.(*)

(1) C. L. P. Act, 1854, s. 67.

(2) Johnson v. Diamond, 25 L. J. 40, Exch.

CHAPTER XXIX.

ENTRY OF SATISFACTION ON THE ROLL.

WHENEVER judgment has been satisfied, whether by payment or execution, or by a release after the debtor was taken on a ca. sa., (1) the defendant is entitled to have satisfaction entered on the roll. It is sometimes difficult to determine what amounts to satisfaction, as where the defendant has been taken on a ca. sa., and discharged by the plaintiff's attorney on an understanding as to paying the debt, but without the plaintiff's assent. (2) The court has ordered satisfaction to be entered where the defendant, in trover for title deeds, offered to deliver up the deeds and pay costs as between attorney and client, and place the plaintiff in the same situation otherwise, as before. (3) So where the defendant offered to set off the amount of the judgment debt pro tunto against another larger judgment obtained against the plaintiff in another court.() where a judgment was obtained for 5001., and the judgment creditor lent the defendant 570l. more, the judgment to stand as security for payment, the court refused to order satisfaction to be entered on payment of the 500l. only. (5) So the court refused to order the lessor of the plaintiff in ejectment to tax his costs within a certain time, to allow satisfaction to be entered. (*) Before satisfaction can be entered, the roll must be carried in; as to which see ante, p. 509.

But

"In order to acknowledge satisfaction of a judgment, it shall be requisite only to produce a satisfaction-piece in form

(1) Lambert v. Parnell, 15 L. J. 55, Q. B. (2) Ward v. Broomhead, 7 Ex. 726.

(2) Coombe v. Sansom, 1 D. & R. 201.

Simpson v. Hanley, 1 M. & Sel. 696.
Crafts v. Wilkinson, 4 Q. B. 74.
Doe v. Fillite 11 M. & W. 80.

as hereinafter mentioned, and such satisfaction-piece shall be signed by the party or parties acknowledging the same, or their personal representatives; and such signature or signatures shall be witnessed by a practising attorney of one of the courts at Westminster expressly named by him or them, and attending at his or their request to inform him or them of the nature and effect of such satisfaction-piece before the same is signed, and which attorney shall declare himself in the attestation thereto to be the attorney for the person or persons so signing the same, and state he is witness as such attorney; provided that a judge at chambers may make an order dispensing with such signature under special circumstances if he thinks fit, and in cases where the satisfaction-piece is signed by the personal representative of a deceased, his representative character shall be proved in such manner as the Master may direct." The above rule (Rule Pr. 80, H. T. 1853) gives the following as the

In the

to wit.

And

for

Satisfaction is acknowledged between
, defendant, in an action
do hereby expressly nominate and appoint

at law, to witness and attest
of satisfaction.

Judgment entered on the

year of our Lord 18

Signed by the said

of

plaintiff, and and

execution of this acknowledgment

day of
Roll No.

, in the presence of me, one of the attorneys of the Court of

at Westminster. And I hereby declare myself to be attorney for and on behalf of

expressly named by h quest to inform h

the said

of the nature and effect of this

acknowledgment of satisfaction, (which I accordingly did before the same was signed by h ). And I also declare that I subscribe my name hereto as such attorney.J

(Date.)

The satisfaction-piece is written on parchment in the above form, and signed and attested as directed; it is then taken to the clerk of the judgments (in the Queen's Bench it must be first marked at the Treasury office), who will enter the satisfaction on the roll.

Dispensing with signature.]—A judge at chambers may by his order dispense with the signature in special circumtances; but he will require clear proof of the satisfaction. Thus, where the plaintiff was abroad, an affidavit of the