Page images
PDF
EPUB

afterwards pleaded to the information, numbered filed against him

[merged small][merged small][merged small][merged small][ocr errors]
[ocr errors]
[ocr errors][merged small][ocr errors]

And on the the defendant withdrew such plea :

Therefore, &c. (judgment as after set out).

[Confession to information, as in first Form to asterisk*, then proceed

thus:]

And whereas on the

day of

the said A. B., by

his attorney, entered an appearance to the said writ, and on the confessed to the information, numbered

day of
Court against him on the

day of

[For Debt or Duties.]

[merged small][ocr errors]

1860.

REGULE GENERALES.

filed in this

Judgment

Therefore, it is considered that Her Majesty do recover against the said A. B. the several sums of money in the said information mentioned, amounting together to the sum of £ [or the sum of

F

in the said information mentioned. "If costs taxed in any case conclude thus, or as near as may be" :] and also the sum of £ for Her Majesty's costs of suit, which said sums in the whole amount to £

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

Therefore, it is considered that the said A. B. be convicted of the
offence [or several offences] in the said information mentioned, and
that he do for his said offence [or offences] forfeit the sum of £
[or the several sums of money, amounting together to the sum of £
in the said information also mentioned, and that Her Majesty do
recover against the said A. B. the said sum of £
proceed as in preceding Form].

[Penalties and Duties.]

[if costs taxed

Judgment

day of

Therefore, it is considered that the said A. B. be convicted of the signed the several offences in the 1st, 2d, and 3d counts [or, as the case may be,] A.D. 18.

of the said information mentioned, and that he do, for his said offences,
forfeit the several sums in those counts respectively mentioned,
amounting to the sum of £
and that Her Majesty do recover

[ocr errors][merged small][merged small]

sums of money in the 4th, 5th, and 6th counts [or, as the case may be,] of the said information mentioned, amounting to the sum of

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Therefore, it is considered that the said A. B. be convicted of the signed the entry, intrusion, and making entry in the said information mentioned, and that he be amoved from the possession of formation mentioned [if fine sought to be recovered these words may be inserted] and that the said A. B. be taken by his body to make fine with our Lady the Queen for his said entry and intrusion.

When Judgment by Default is signed in respect of part only of the

Premises.

VOL. VI.-N. S.

EXCH.

1860.

REGULE GENERALES.

Judgment signed the day of A.D. 18.

Therefore it is considered that the said A. B. be convicted of the entry intrusion and making entry on part of the premises in the said information mentioned, that is to say [describe the part], and that he be amoved from the possession of the said [describe the part as before] in the said information mentioned [conclude as before].

[For Form of Interlocutory and final Judgment in Intrusion to recover Profits or Damages, see pp. xxxvi., xxxvii.]

Form of Judgment when Proceedings are by Capias.
For Non-appearance after Service of Information in Gaol.
The
in the year of our Lord 18

day of

[ocr errors]

(Teste of Writ.)

Middlesex to wit. On the day and year above written, a writ of capias issued forth of this Court against A. B. at the suit of Her Majesty's Attorney General on behalf of Her Majesty for the forfeiture of the sum of £ [or as the case may be]. And whereas the said A. B. hath been arrested by virtue of the said writ, and taken to prison by the sheriff of the county of , and, neglecting sheriff for his appearance in this Court, an day of

[ocr errors]

was on the

A.D. 18, said A. B., a copy of which information was day of

[ocr errors]

to give bail to the said
information, numbered
filed therein against the
served upon him on the
A.D. 18 ; and the said
A. B. still neglecting to appear here in Court, or plead to the said
information for 20 days after such service: Therefore it is considered
that the said A. B. be convicted of the several offences in the said
information mentioned, and that he do for his said offences forfeit the
several sums of money in the said information mentioned, amounting
together to the sum of £
and that Her Majesty do recover

[ocr errors]

against the said A. B. the said sum of £
and also the sum of £

[ocr errors]

(if costs taxed proceed) for Her Majesty's costs of suit, which

said sums in the whole amount to £
(If for debt or duties, the same form of judgment, from the words
"Therefore, &c.," may be used as is mentioned under the previous head
of "Judgment by Default to Subpœna.”

[For Want of Appearance after giving Bail to Sheriff. As in prece-
ding Form to asterisk*, then proceed thus:]

[ocr errors]

day of

A.D. 18

by virtue of the said

And whereas the said A. B. was on the arrested by the sheriff of the county of writ, but hath made default in appearing thereto; and thereupon an information, numbered was on the filed against him in this Court: Therefore, &c. [conclude as before]. [For Want of Plea. To asterisk*, then proceed thus :]

[ocr errors]

day of

day of

[merged small][ocr errors]
[ocr errors][merged small][ocr errors]

And whereas on the the said A. B., by C. D., his attorney, entered an appearance to the said writ, and put in special bail herein, but hath made default in pleading to the

[ocr errors]

filed against him on the

day of

1860.

information, numbered
A.D. 18 , in this Court: Therefore, &c. [conclude as before].
[On Withdrawal of Plea. To asterisk*, then proceed thus:]
And whereas on the day of , A.D. 18 the said A. B.,

[ocr errors]

by C. D., his attorney, entered an appearance to the said writ, and put in special bail herein, and afterwards pleaded to the information, numbered filed against him in this Court on the

[ocr errors]
[ocr errors]

day of

A.D. 18, and on the
day of A.D. 18 the defendant
withdrew such plea: Therefore, &c. [conclude as before].
[Confession to Information. To asterisk*, then proceed thus:]
And whereas on the day of

by

the

bered A.D. 18

A.D. 18 the said A. B.,

, his attorney, entered an appearance to the said writ, and on
day of

[ocr errors]
[merged small][ocr errors][merged small]

confessed to the information, num-
filed in this Court against him on the
: Therefore, &c. [conclude as before].

Form of Judgment by Default for Want of Appearance to Scire Facias,
Plea, &c., and after Verdict.

REGULE GENERALES.

[merged small][ocr errors][merged small][merged small]

Middlesex [or county] to wit. On the day and year above written, a writ of scire facias issued forth of this Court against A. B., for the recovery of the sum of £ , the penalty of a certain bond given

[merged small][ocr errors]

to Her Majesty by the said A. B., bearing date the A.D. 18 , [or state the substance of the writ*]. And whereas the said A. B. was on the day of in the year of our Lord 18 , duly served with the said writ, but hath made default in appearing thereto : Therefore it is considered that Her Majesty recover against the said Judgment A. B., the said sum of £ in the said writ of scire facias mentioned, signed the and [if costs taxed, proceed] also the sum of £ for Her Majesty's A.D. 18 costs of suit, which said sums in the whole amount to £ [For want of Plea, Rejoinder, or not joining in Demurrer, &c. As in preceding Form to asterisk*, then proceed thus:]

[merged small][ocr errors]

And whereas on the A.D. 18 the said A. B. by C. D., his attorney [or in person], entered an appearance to the said writ, but hath made default in pleading thereto ["or" rejoining to the replication of Her Majesty's Attorney General, “or” joining in the demurrer of Her said Majesty's Attorney General to the

said defendant:] Therefore, &c. [as in preceding Form].

[merged small][ocr errors][merged small]

[Withdrawal of Plea. To asterisk*, then proceed thus :] A.D. 18 the said A. B., by C. D., his attorney [or in person], entered an appearance to the said writ, and afterwards pleaded thereto; and on the

day of

A.D. 18, withdrew such plea: Therefore, &c. [as before]. [Confession to Scire Facias. To asterisk*, then proceed thus:]

[merged small][ocr errors]
[blocks in formation]
[blocks in formation]

day of

[After Verdict.

A.D. 18

To asterisk*, then proceed thus:]

And whereas on the day of

[ocr errors][merged small]

by C. D., his attorney [or in person], entered an appearance to the said writ, and pleaded thereto; and whereas on the

[ocr errors]

day of

A.D. 18 on a verdict of the country, the said A. B. was found indebted to Her Majesty in the sum of £

of scire facias mentioned: Therefore, &c. [as before].

in the said writ

[If for Defendant after Verdict. To asterisk*, then proceed thus:] And whereas on the day of

[ocr errors]

A.D. 18 the said A. B. by C. D., his attorney [or in person], entered an appearance to the said writ, and pleaded thereto; and whereas on the

day of

A.D. 18 "
on a verdict of the country, the same was found for the de-
fendant: Therefore it is considered that as to the sum of £

in the said writ of scire facias mentioned, the said A. B. do go hence
without day. (If costs taxed, thus :) And that the said A. B. do recover
from the Crown the sum of £
for his costs of defence.

[ocr errors]

Form of Judgment on Information for Profits or Damages assessed on a Writ of Inquiry.

In the Exchequer.

The day of

[blocks in formation]

[Teste of Writ]. Middlesex [or county] to wit. On the day and year above written a writ of subpoena issued forth of this Court against A. B. at the suit of Her Majesty's Attorney General on behalf of Her Majesty for* [state for what the writ issued].

[For want of Appearance, thus].

And whereas the said A. B. was on the

day of

A.D. 186,

was on the

duly served with the said writ, but hath made default in appearing thereto, and thereupon an information numbered

[ocr errors]

day of
A.D. 186 filed against him in this Court. And the
said A. B. not having appeared Her Majesty remains therein unde-
fended against the said A. B. Wherefore, &c. [as after].

[For Want of Plea as above to asterisk*].

And whereas on the day of

A.D. 186, the said A. B., by

C. D., his attorney, entered an appearance to the said writ, but hath
made default in pleading to the information numbered
against him in this Court on the

[blocks in formation]

the said A. B. having made such default and said nothing in bar or preclusion of the said information, whereby Her Majesty remains. therein undefended against the said A. B. Wherefore Her Majesty

ought to recover against the said A. B. Her [profits or damages, as
case may be], on occasion of the premises, but because it is unknown
to the Court here what damages Her Majesty hath sustained in that
behalf, the sheriff is commanded that by the oath of twelve good and
lawful men of his bailiwick he diligently inquire what damages Her
Majesty hath sustained on occasion of the premises, and that he send
the inquisition which he shall thereupon take to the Barons of our
Exchequer at Westminster, on the day of
under his seal
and the seals of those by whose oath he shall take that inquisition,
together with the writ of our said Lady the Queen, to him thereupon
directed, the same day is given to Her Majesty's Attorney General at
the same place, at which day comes here the said Attorney General
and the sheriff, to wit, S. S. Esquire, sheriff of the said county of
now here returns a certain inquisition indented taken
in the county aforesaid on the

before him at

[ocr errors]

day of

1860.

REGULE

GENERALES.

over and above Her

signed the

day of

A.D. 186, by the oath of twelve good and lawful men of his bailiwick, by which it is found that Her Majesty hath sustained damages on occasion of the premises to £ costs of suit. Therefore it is considered that Her Majesty do recover Judgment against the said A. B. Her damages aforesaid by the said inquisition above found, and also £ for Her costs of suit by the Court here adjudged to Her said Majesty, which said damages and costs in the whole amount to £ (A capiatur profine may be added, if necessary).

[ocr errors]

Form of Judgment after Verdict on Information or on Demurrer. In the Exchequer.

by

[ocr errors]

day of

[ocr errors]
[ocr errors]

The day of in the year of our Lord, 18 Middlesex, to wit. On the day and year above written, a writ of subpoena [or capias] issued forth of this Court against A. B., at the suit of Her Majesty's Attorney General on behalf of Her Majesty; and whereas on the A.D. 18 the said A. B., his attorney, entered an appearance to the said writ, and hath pleaded [or demurred] to the information, numbered filed against him on the A.D. 18. And whereas on the day of A.D. 18 on a verdict of the country, the said A. B. was found [if for penalties] guilty of the several offences, and each and every of them, in the said information mentioned: Therefore, &c., as post.

day of

[ocr errors]

[If in Customs or Excise, and the single value of the goods be found, proceed thus:] And the jury found the single value of the goods in the said information mentioned to be £ : Therefore, &c.

[“If for duties," indebted to Her Majesty in the several sums of money in the said information mentioned; Therefore, &c.]

["If on intrusion, here state how the verdict was found:" Therefore, &c.]

[If for damages, here state how the verdict was found: Therefore, &c.]

A.D. 18

« EelmineJätka »