our court before us at Westminster, by the judgment of the same court, had recovered against C. D. £- for his damages which he had sustained, as well on occasion of the not performing of certain promises and undertakings then lately made by the said C. D. to the said A. B., as for his costs and charges by him about his suit in that behalf expended, [or if in debt, see ante, 288, No. 1;] whereof the said C. D. had been convicted, as appeared of record in our said court before us at Westminster; and also reciting that the said C. D. had brought a writ of error upon the judgment aforesaid, returnable before our justices of the Bench, and barons of our Exchequer of the degree of the coif, in our Exchequer Chamber at Westminster, on — the day of, in the year aforesaid: if therefore the said C. D. should prosecute the said writ of error with effect, and should also pay and satisfy to the said A. B., if the said judgment should be affirmed, or the said writ of error be discontinued in his default, or he should be nonsuit therein, as well the damages [or "debt and damages"], costs and charges aforesaid, adjudged upon the said judgment, as also all such costs, charges and damages as should be awarded to the said A. B. for the delay of execution of the judgment aforesaid, by pretext of prosecuting the said writ of error, then that recognizance was to be void, or else to be and remain in full force and virtue: Which said recognizance the said justices afterwards, to wit, on the day of -, in the year aforesaid, brought into our said court before us to be inrolled, and the same was then and there inrolled in our said court before us, as of

term, in the- -year aforesaid, as by the record thereof now remaining in our said court before us at Westminster aforesaid manifestly appears: And such proceedings were had on our said writ of error in our Court of Exchequer Chamber aforesaid, before the justices of the Bench and barons of our Exchequer aforesaid, that afterwards, to wit, on ——, the day of, in term, in the -year of our reign, the said writ of error was duly nonprossed, [or "the judgment aforesaid was in all things affirmed;"] and fwere then and there, in and by the said Court of Exchequer Chamber, adjudged to the said A. B. according to the form of the statute in such case made and provided, for his damages, costs and charges which he had sustained and expended, by reason of the delay of the execution of the judgment aforesaid, on pretence of prosecuting the said writ of error, as by the record and proceedings thereof, remitted by our said justices and barons from the said Court of Exchequer Chamber, into our said court before us at Westminster aforesaid, according to the form of the statute in such case made and provided, and now remaining in our said court before us at Westminster aforesaid, likewise appears to us of record: Nevertheless the said C. 1). hath not yet paid to the said A. B. the said damages, [or "debt and damages"], costs and charges so as aforesaid adjudged upon the said first-mentioned judgment, or the damages, costs and charges aforesaid, so awarded as aforesaid, or any part thereof, as on the information of the said A. B. in our said court before us we have been given to understand: Wherefore the said A. B. hath humbly besought us to provide him a proper remedy in this behalf: And we being willing that what is just in this behalf should be done, do command you, that by good and lawful men of your bailiwick you make known to the said B. B. and J. B. that they be before us at Westminster, on, to show if they have or know, or if either of them hath or knoweth, of any thing to say for themselves or himself, why the said A. B. ought not &c. [conclude as in the form of scire facias, ante, 274, No. 7.]

8. The like, upon Recognizance in Error, from C. P. Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of Middlesex, greeting: Whereas B. B. of - tailor, and J. B. of --, butcher, on the day of in the year of our reign, came in their proper persons before Sir Nicholas Conyngham Tindal, knight, and his companions, justices of our lady the queen of the Bench at Westminster, and, according to the form of the statute in such case made and provided, acknowledged [&c. proceed as in the entry, ante, 289, No. 2, in past tense], and the condition of the above recognizance was such, that [&c. then state the condition of the recognizance in the past tense, to the words] otherwise to remain in full force and effect: which said recognizance and condition Sir Nicholas Conyngham Tindal, knight, our chief justice of the Bench at Westminster, afterwards, to wit, on the day of last past, delivered into our said Court of the Bench at Westminster, with his own proper hands, to be inrolled there of record, and which were inrolled accordingly, as by the record thereof, now remaining in our said Court of the Bench at Westminster, more fully appears. And such proceedings were had on the said writ of error, before the justices of our lady the queen assigned to hold pleas before us, and the barons of our Exchequer of the degree of the coif, in the Exchequer Chamber aforesaid, that afterwards, to wit, on the day of last past, the said writ of error was duly non-prossed, [or "the said judgment was in all things affirmed,"] and the sum of £- was then and there adjudged in and by the said Court of Exchequer Chamber to the said A. B., according to the form of the statute in such case made and provided, for his damages, costs and charges which he hath sustained and expended by reason of the delay of execution of the judgment aforesaid on pretence of the prosecution of the said writ of error, as by the record and proceedings thereof remitted by our said justices and barons, from the said Court of Exchequer Chamber, into our said court before our justices of the Bench at Westminster aforesaid, according to the form of the statute in such case made and provided, and now remaining in our said court before our justices of the Bench at Westminster aforesaid, likewise appears to us of record: Nevertheless the said C. D. hath not yet paid to the said A. B. the said damages [or "debt and damages"], costs and charges, so as aforesaid adjudged upon the said first-mentioned judgment, or the damages, costs and charges aforesaid, so awarded as aforesaid, or any part thereof, as on the information of the said A. B. in our said court, before our justices of the Bench, we have been given to understand: Wherefore the said A. B. hath humbly besought us to provide him a proper remedy in this behalf; and we being willing that what is just in this behalf should be done, do command you, that by good and lawful men of your bailiwick you make known to the said B. B. and J. B. that they be before our justices of the Bench at Westminster, on to show if they have or know, or if either of them hath or knoweth, of any thing to say for themselves or himself why the said A. B. ought not &c. [conclude as in the form of scire facias, ante, 275, No. 9.]

9. The like, in Error, from the Exchequer.

[A form may be readily framed from those ante, 274, No. 7, 275, No 11, and ante, 272, No. 3.]

10. Execution thereon, in Q. B.

[The same as the forms upon a recognizance in Q. B. ante, 284, &c. No. 39, 43, 46, but instead of the words " as well on occasion &c. whereof the said C. D. is convicted, as appears to us of record," say 66 upon our certain writ of error, as appears to us of record."]

11. The like, in C. P.

[The same as the forms upon a recognizance in C. P. ante, 285, 287, No. 41, 44, but instead of "which heretofore before Sir Nicholas Conyngham Tindal, knight, and his companions, &c. whereof the said C. D. is convicted, as appears to us of record," say "which heretofore before Sir Nicholas Conyngham Tindal, knight, and his companions, justices of the court of our lady the queen of the Bench at Westminster, they the said B. B. and J. B. severally acknowledged to owe to A. B., and consented that the same should be made of their and each of their lands and chattels, and to the use and behoof of the said A. B. to be levied, upon our certain writ of error; and which said recognizance Sir Nicholas Conyngham Tindal, knight, our chief justice of the Bench at Westminster, afterwards with his own proper hands delivered into our said Court of the Bench at Westminster, to be inrolled there of record, and which was inrolled accordingly, as by the records thereof still remaining in our said Court of the Bench at Westminster fully appears; and whereupon it was considered" [&c. conclude as in the form, ante, 285, No. 41.]

12. The like, in Exchequer.

[A form may be readily framed from the direction contained in the two preceding forms, and see ante, 286, No. 42.]

BOOK I.

PART III.

PROCEEDINGS UPON A FEIGNED ISSUE, OR SPECIAL CASE STATED WITHOUT A TRIAL.

1. The Feigned Issue.

In the Q. B. [or " C. P." or " Exch."]

The

day of

A. D. 1840.

to wit. A. B., by P. A. his attorney, complains of C. D. who has been summoned to answer the said A. B. by virtue of a writ (a) issued on out of the court of our lady the queen, before the queen herself, [or "out of the court of our lady the queen, before her justices,” or “out of the court of our lady the queen before the barons of her Exchequer."] For that whereas heretofore, to wit, on —, a certain discourse was had and moved by and between the plaintiff and the defendant, wherein a certain question then and there arose, [here state the question to be tried, which, for instance, may be thus, "whether for every acre of land within the parish of &c. producing grass, whether mowed and made into hay or taken by the mouth of cattle, there hath been, from time whereof the memory of man is not to the contrary, paid by the occupier of such lands to the vicar of the said parish for the time being, twopence per acre in lieu of all tithes of such hay or grass,"] and in that discourse the plaintiff asserted and affirmed, [" that for every acre of land within the said parish of &c. producing" &c. same as the words between the inverted commas, supra, to the end;] which assertion and affirmation of the plaintiff the defendant then contradicted and denied, and then asserted and affirmed the contrary thereof: And thereupon afterwards, to wit, on the day and year aforesaid, in consideration that the plaintiff, at the request of the defendant, had then paid to the defendant the sum of £, he the defendant promised the plaintiff to pay him the sum of £—, if for every, [&c. same as the words above between inverted commas :] And the plaintiff in fact says, that for every acre of land [&c. same as the words above between inverted commas, averring in the offirmative], whereof the defendant afterwards, to wit, on the day and year aforesaid, had notice, whereby he the defendant then became liable to pay, and ought to have paid, to the plaintiff the said sum of Yet the defendant, not regarding his said promise, hath not as yet paid the said sum of £ -, or any part thereof, to the plaintiff, (although often requested so to do,) but hath hitherto wholly neglected and refused, and still neglects and refuses so to do, to

(a) There does not appear to be any occasion to state that the defendant was summoned by any writ, and therefore this part of the commencement may be omitted.

the damage of the plaintiff of £- —, and therefore he brings his suit &c. And the defendant, by D. A. his attorney, says, that for every [&c. negativing the first assertion between inverted commas], in manner and form as the plaintiff hath above in that behalf alleged, and of this the defendant puts himself upon the country; and the plaintiff doth the like: Thereupon the sheriff is commanded that he cause to come here on twelve &c., by whom &c., and who neither &c., to recognize &c., because as well &c.

B.

V.

[See 1 Chit. Ar. Pr. 645.]

2. Notice of Trial; Nisi Prius Record; Jury Process; and Postea. [The same as in ordinary cases, see ante.]

3. Order of Judge for a special Case, without proceeding to Trial.

Upon hearing the attornies [or "agents"] on both sides, and by consent, I order that the parties in this action shall be at liberty to D. state the facts of the case in the form of a special case for the opinion of the court, they agreeing that a judgment shall be entered for the plaintiff or defendant, by confession or of nolle prosequi, as the case may be, immediately after the decision of the case, or otherwise as the court may think fit, and that in the meantime all further proceedings be stayed.

4. The Special Case thereon.

In the Q. B. [or “C. P.” or “ Exch. of Pleas."]

Between A. B. plaintiff
and

C. D., J. B. and J. E. defendants. This is an action of trespass brought by the plaintiff against the defendants for an assault and false imprisonment; the defendants have pleaded the general issue, and issue having been joined thereon; by the consent of P. A. attorney for the plaintiff, and D. A. attorney for the defendant, and by the order of Mr. Justice the following case has been stated for the opinion of the court.

The plaintiff is a carpenter and joiner living at in the county of Gloucester. The defendants, at the time of the alleged imprisonment, were, and still are, justices of the peace for the said county of Gloucester. On the 1st day of May, 1834, one A. W. made an information and complaint in writing against the plaintiff before the defendant D. A., of which the following is a copy. [Here set it out.]

In consequence of the above complaint, the plaintiff was summoned to appear and answer the same before the justices who might be sitting at the public office, Cheltenham, on the 3d day of May then instant, which was the next day of petty sessions. The plaintiff appeared, in obedience to the summons, before the three defendants, who then were the sitting magistrates. A. W. also appeared in the presence of plaintiff, and before the defendants made a statement upon oath, of which a minute was taken by the clerk to the magistrates in the minute-book of proceedings before the magistrates, which is kept at the said public office. The following is a copy of such minute. [Here set it out.]