that interlocutory costs in the same suit, awarded to the adverse party, may be deducted.1 Error. 64. Within eight days after the filing with the master the memorandum of error in fact, required by the Common Law Procedure Act, 1852, the plaintiff in error shall assign error; and in default, the defendant in error, his executors or administrators, shall be entitled to sign judgment of non pros.2 65. No rule to plead to assignment of error in fact, or any other pleadings in error, shall be necessary, but either party may give to the opposite party a notice to answer such pleading within four days, otherwise judgment; which notice may be delivered separately, or indorsed on the pleading.3 66. Notice of trial, and all other proceedings thereon, shall be the same as in issues joined in an ordinary action.1 67. After the suggestion of error in law, alleged and denied as prescribed by the Common Law Procedure Act, 1852, is entered, either party may set down the case for argument, and forthwith give notice in writing to the opposite party, and proceed to the argument thereof as on a demurrer, without any rule or motion for a concilium.5 68. Four clear days before the day appointed for argument, the plaintiff in error shall deliver copies of the judgment roll of the court below to the judges of the Queen's Bench on error from the Common Pleas or Exchequer, and to the judges of the Common Pleas on error from the Queen's Bench; and the defendant in error shall deliver copies thereof to the other judges of the court of Exchequer Chamber before whom the case is to be heard; and in default by either party, the other party may on the following day deliver such books as ought to have been delivered by the party making default, and the party making default shall not be heard until he shall have paid for such copies, or deposited with the master a sufficient sum to pay for such copies. 6 69. The costs of proceedings in error shall be taxed and allowed as costs in the cause." Execution. 70. It shall not be necessary, before issuing execution upon any judgment whatever, to enter the proceedings upon any roll.8 71. No writ of execution shall be issued till the judgment paper, postea, or inquisition, as the case may be, has been seen by the proper officer, nor shall any writ of execution be issued without a præcipe being filed with the proper officer. 1 Same as R. H. 2 W. 4, s. 93. Arch. New C. L. Pr. 541. 2 See Arch. New C. L. Pr. 299, 300. 3 See Id. 300. 4 See Id. 300. 5 See Id. 297. 6 Same as R. H. 4 W. 4, r. 1, s. 15. Arch. New C. L. Pr. 297, 298. 7 See Arch. New C. L. Pr. 298, 299. 8 See stat. s. 206. Arch. New C. L. Pr. 223. 9 See stat. s. 206. Arch. New C. L. Pr. 224. 72. Every writ of execution shall bear date on the day on which the same shall be issued, and shall be tested in the name of the lord chief justice or of the lord chief baron of the court from which the same shall issue, or in case of a vacancy of such office then in the name of the senior puisne judge of the said court, and may be made returnable on a day certain in term.1 73. Every writ of execution shall be endorsed with the name and place of abode or office of business of the attorney actually suing out the same, and in case such attorney shall not be an attorney of the court in which the same is sued out, then also with the name and place of abode or office of business of the attorney of such court in whose name such writ shall be taken out; and when the attorney actually suing out any writ shall sue out the same as agent for an attorney in the country, the name and place of abode of such attorney in the country shall also be endorsed upon the said writ; and in case no attorney shall be employed to issue the writ, then it shall be endorsed with a memorandum expressing that the same has been sued out by the plaintiff or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be.2 74. Writs of capias ad satisfaciendum for the purpose of outlawry on final process, or to fix bail, must be made returnable on a day certain in term, and may be so returnable on any day in term, and it shall be sufficient for either purpose that there be eight days between the teste and return.3 75. A writ of capias ad satisfaciendum to fix bail, shall have eight days between the teste and return, and must, in London and Middlesex, be entered four clear days in the public book at the sheriff's office.* 76. Every writ of execution shall be endorsed with a direction to the sheriff, or other officer or person to whom the writ is directed, to levy the money really due and payable and sought to be recovered, under the judgment, stating the amount, and also to levy interest thereon, if sought to be recovered, at the rate of four pounds per centum per annum from the time when the judgment was entered up, or if it was entered up before the 1st of October, 1838, then from that day; provided that in cases where there is an agreement between the parties that more than four per cent. interest shall be secured by the judgment, then the endorsement may be accordingly to levy the amount of interest so agreed.5 77. In cases of an assessment of further damages, pursuant to the Statute of 8 & 9 William III., it shall be stated in the body of the writ of execution that the sheriff, or other officer or person tó whom the writ is directed, is to levy interest on the damages assessed, and costs taxed in that behalf, at the rate of four pounds 1 See Arch. New C. L. Pr. 225.] 2 See Id. 226, 227. 3 See Id. 259, 40. 4 Arch. New C. L. Pr. 48. 5 See Id. 227. per centum per annum from the day on which execution was awarded, unless execution was awarded before the 1st of October, 1838, and in that case from that day.1 Revivor and Scire Facias. 78. A plaintiff shall not be allowed a rule to quash his own writ of scire facias or revivor, after a defendant has appeared, except on payment of costs.2 Audita Querela. 79. No writ of audita querela shall be allowed unless by rule of court or order of a judge. Entry of Satisfaction on Roll. 80. In order to acknowledge satisfaction of a judgment, it shall be requisite only to produce a satisfaction piece, in form 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.3 66 to wit.-Satisfaction is acknowledged between "Plaintiff and and "and appoint 66 Defendant in an action - for : And do hereby expressly nominate attorney-at-law, to witness and attest execution of this acknowledgment of satisfaction." "Judgment entered on the year of our Lord 185 1 See Arch. New C. L. Pr. 226. 2 See Id. 306. day of Roll No. in the 3 Same as R. E. 7 Vict. Arch. New C. L. Pr. 487, 488. minster. And I hereby declare myself to be attorney for and on behalf of the said expressly named by h Signature. Date. and attending at h request to in- the above-named plaintiff. form h 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.1 Bailable Proceedings, Bail, and Bail in Error. 81. The sheriff, or other officer or person to whom any writ of capias shall be directed, or who shall have the execution and return thereof, shall, within six days at least after the execution thereof, indorse on such writ the true day of the execution thereof.2 82. Where the defendant is described, in the writ of capias or affidavit to hold to bail, by initials, or by a wrong name, or without a christian name, the defendant shall not be discharged out of custody, or the bail-bond delivered up to be cancelled, on motion for that purpose, if it shall appear to the court that due diligence has been used to obtain knowledge of the proper name.3 83. An action may be brought upon a bail-bond by the sheriff himself in any court.* 84. In all cases where the bail-bond shall be directed to stand as a security, the plaintiff shall be at liberty to sign judgment upon it.5 85. Proceedings on the bail-bond may be stayed on payment of costs in one action, unless sufficient reason be shown for proceeding in more.6 86. When bail to the sheriff become bail to the action, the plaintiff may except to them, though he has taken an assignment of the bail-bond. 87. A plaintiff shall not be at liberty to proceed on the bailbond pending a rule to bring in the body of the defendant.? 88. No rule shall be drawn up for setting aside an attachment, regularly obtained against a sheriff, for not bringing in the body, er for staying proceedings regularly commenced on the assignment of any bail-bond, unless the application for such rule shall, if 1 Same as the form in Arch. New C. L. Pr. 638, except that this is entitled of the week, month, and year, the other is entitled generally of the term and year of the reign. 2 See Arch. New C. L. Pr. 256. 3 See Id. 255, 256. 4 See Id. 40. made on the part of the original defendant, be grounded on an affidavit of merits, or if made on the part of the sheriff, or bail, or any officer of the sheriff, be grounded on an affidavit, showing that such application is really and truly made on the part of the sheriff, or bail, or officer of the sheriff, as the case may be, at his or their own expense, and for his or their indemnity only, and without collusion with the original defendant. 89. Whenever a plaintiff shall rule the sheriff on a return of cepi corpus to bring in the body, the defendant shall be at liberty to put in and perfect bail at any time before the expiration of such rule; and, a plaintiff having so ruled the sheriff, shall not proceed on any assignment of the bail-bond, until the time has expired to bring in the body as aforesaid.1 90. In case a rule for returning a writ of capias shall expire in vacation, and the sheriff or other officer having the return of such writ shall return cepi corpus thereon, a rule may thereupon issue, requiring the sheriff or other officer, within the like number of days after the service of such rule as by the practice of the court is prescribed with respect to rules to bring in the body issued in term, to bring the defendant into court, by forthwith putting in and perfecting bail above to the action; and if the sheriff or other officer shall not duly obey such rule, an attachment shall issue in the following term for disobedience of such rule, whether the bail shall or shall not have been put in and perfected in the meantime.2 91. Notice of more bail than two shall be deemed irregular, unless by order of the court or a judge.3 92. The bail, of whom notice shall be given, shall not be changed without leave of the court or a judge.* 93. No person or persons shall be permitted to justify himself or themselves as good and sufficient bail for any defendant or defendants, if such person or persons shall have been indemnified for so doing by the attorney or attorneys concerned for any such defendant or defendants.5 94. If any person put in as bail to the action, except for the purpose of rendering only, be a practising attorney, or clerk to a practising attorney, or a sheriff's officer, bailiff, or person concerned in the execution of process, the plaintiff may treat the bail as a nullity, and sue upon the bail-bond as soon as the time for putting in bail has expired, unless good bail be duly put in in the meantime.6 95. In the case of country bail, the bail-piece shall be transmitted and filed within eight days.7 96. A defendant may justify bail at the same time at which they are put in, upon giving four days' notice for that purpose, before eleven o'clock in the morning, and exclusive of Sunday.8 If the plaintiff is desirous of time to inquire after the bail, and shall give one day's notice thereof as aforesaid to the defendant, 1 See Arch. New C. L. Pr. 40. 2 See Id. 40. 3 See Id. 40. 4 See Id. 40. 5 See Arch. New C. L. Pr. 41. 6 See Id. 41. 7 See Id. 41, 42. 8 See Id. 40. |