notice of motion dated the

day of

ment be entered herein for the plaintiff for directed by the Honourable Mr. Justice

19, it is ordered that judg [or that the judgment

on the day of

19-,

to be entered herein be set aside, and that judgment be entered herein for

4. Motion for Judgment in Default of Pleadings (d).

[Title, &c., as in form No. 1, supra.]

Take notice that [I have this day set down this action on motion for judgment, and that] this Honourable Court will be moved [&c., as in form No. 1, supra] that judgment be entered herein for the plaintiff for [state the judgment sought] and costs of action, including the costs of such motion, to be taxed, pursuant to R. S. C., Ord. XXVII., r. 11 [or 12], the defendant having made default in delivering a defence in this action. Dated [&c., concluding as in form No. 1, supra].

5. Motion for Judgment where Issues ordered to be tried (e). See the forms of notice, supra, Nos. 1 and 4, from which a form adapted to this case may easily be framed.

6. Judgment upon Motion for Judgment (ƒ).

[Title, &c., as in form No. 1, supra.]

[30th November], 19—.

This day, before Mr., of counsel for the plaintiff [or defendant, or as the case may be], moved on behalf of the said [that

(d) See Ord. XXVII., rr. 11 and 12, ante, p. 147.

(e) Judgment after Trial of Issues.]-By Ord. XL., r. 7, “ Where issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, the plaintiff may set down a motion for judgment as soon as such issues or questions have been determined. If he does not set down such a motion, and give notice thereof to the other parties within ten days after his right so to do has arisen, then after the expiration of such ten days any defendant may set down a motion for judgment, and give notice thereof to the other parties."

By r. 8, "Where issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, and some only of such issues or questions of fact have been tried or determined, any party who considers that the result of such trial or determination renders the trial or determination of the others of them unnecessary, or renders it desirable that the trial or determination thereof should be postponed, may apply to the Court or a Judge for leave to set down a motion for judgment, without waiting for such trial or determination. And the Court or Judge may, if satisfied of the expediency thereof, give such leave, upon such terms, if any, as shall appear just, and may give any directions which may appear desirable as to postponing the trial of the other issues of fact."

(f) Form of Judgment.]—This form is given in R. S. C., App. F., No. 10. is sanctioned by Ord. XLI., r. 1.

Its use

judgment be entered for the said plaintiff for] [slating the judgment moved for], and the said Mr. X. having been heard, of counsel for and Mr. Y., of counsel for, the Court adjudged [slate the judgment ordered].

The day of

7. The like, in another Form.
[Title, as in form No. 1, supra.]

19-.

This action having come on before the Court on plaintiff's [or defendant's] notice of motion, the Court, on the reading [the affidavit of

day of

19—, upon

and] the notice of motion [thereto annexed], and upon hearing Mr. of counsel for the [plaintiff'], and Mr. of counsel for the [defendant] [or and no one appearing on behalf of the (defendant)], ordered that the plaintiff [or defendant] be at liberty to enter up judgment against the [defendant] for [as the case may be]. Therefore, it is adjudged that the [plaintiff] recover against the [defendant]

[Judgment entered the Certificate for costs dated the

day of

19-.

day of, 19-.]

8. The like, in another Form (g).

[Title, &c., as usual; see form No. 1, supra.]

The day of 19-.

Pursuant to the order of this Court [or of the Court of Appeal] herein, dated the day of, 19, whereby it is ordered that [judgment be entered herein for the plaintiff for £(or as the case may be, according to the terms of the order)], it is this day adjudged that the plaintiff [or defendant] do recover against the defendant [or plaintiff] [£to be taxed, or as the case may be].

The above costs have been taxed and allowed at £

a Taxing Officer's Certificate, dated the

day of

and costs

as appears by 19-.

9. Judgment on Motion when no Judgment entered at Trial.

See the form, post, p. 378.

10. Judgment on Motion after Trial of Issue.
See the form, post, p. 379.

11. Motion for Judgment upon Admissions of Fact under Ord. XXXII.,r. 6. See the form, ante, p. 237.

(g) This is the form generally used in the K. B. D.

CHAPTER XIV.

JUDGMENT (a).

SECTION I. Judgment after Trial

II. Judgment for the Defendant

III. Judgment when a Juror is withdrawn

IV. Judgment in Default of Appearance at the Trial
V. Memorandum to be indorsed on Julyment requiring any

Act to be done

VI. Amendment of Judgment

VII. Ertension of Judgment to or from Scotland or Ireland
VIII. Registration of Julyment in Yorkshire Registry

IX. Satisfaction of Judgment.

PAGE

373

379

380

380

382

385

386

For forms of judgment on motion for judgment, see ante, pp. 371, 372; in default of appearance, see ante, pp. 80-82; in default of pleading, see ante, pp. 146-150; for costs on discontinuance, see ante, pp. 161, 162. See also the various other forms of judgment throughout this work collected in the Index, sub tit. "Judgment."

SECTION I.-JUDGMENT AFTER TRIAL (b).

1. Form of Judgment for Plaintiff for Debt or Damages and Costs, on Officer's Certificate, after Trial by Jury (c).

(a) Entry of Judgment.]—By Ord. XLI., r. 1, " Every judgment shall be entered by the proper officer in the book to be kept for the purpose. The party entering the judgment shall deliver to the officer a copy of the whole of the pleadings in the cause, other than any petition or summons; such copy shall be in print, except such parts (if any) thereof as are by these Rules permitted to be written: provided that no copy need be delivered of any document a copy of which has been delivered on entering any previous judgment in such cause. The forms in Appendix F. shall be used, with such variations as circumstances may require."

By r. 2, "All judgments in the Queen's Bench Division shall, if entered in London, be entered in the Central Office."

(b), (c), (d) For notes, see p. 374.

common [or special] jury of the county] of, and the jury having found a verdict for the plaintiff for £

officer's certificate], and the said Mr. Justice ment be entered for the plaintiff for £

to the officer's certificate] :

[state the findings according to the

having ordered that judgand costs of action [according

Therefore it is adjudged that the plaintiff recover against the defendant

£ and his costs to be taxed.

The above costs have been taxed and allowed at £ the Taxing Officer's Certificate, dated the

day of

as appears by 19-.

[For terms, if any, as to stay of execution pending appeal, see form No. 7, infra.]

2. The like, in Detinue (e).

[Proceed as in the preceding form to the end of the statement of the certificate, and then thus:] Therefore it is adjudged that the plaintiff have a return of the said goods in the statement of claim herein mentioned and described as [or as the case may be, describing the goods according to the description in the certificate], or recover against the defendant the said £- the said assessed

(b) Judgment at or after Trial before Judge or Judge and Jury.]—By Ord. XXXVI., r. 39, "The Judge shall, at or after trial, direct judgment to be entered as he shall think right, and no motion for judgment shall be necessary in order to obtain such judgment." (c) Entry of Judgment on Associate's Certificate, when directed to be entered absolutely.] -By Ord. XXXVI., r. 42, "If the Judge shall direct that any judgment be entered for any party absolutely, the certificate of the Associate or Master to that effect shall be a sufficient authority to the proper officer to enter judgment accordingly. The certificate shall be in the form No. 17 in Appendix B., with such variations as circumstances may require." See the form of certificate, ante, p. 358.

The above form of judgment is framed from that given in R. S. C., App. F., No. 7. (d) Date of the Entry.]-By Ord. XLI., r. 3, "Where any judgment is pronounced by the Court or a Judge in Court, the entry of the judgment shall be dated as of the day on which such judgment is pronounced, and the judgment shall take effect from that date Provided that by special leave of the Court or a Judge, a judgment may be ante-dated or post-dated."

By r. 4, "In all cases not within the last preceding rule, the entry of judgment shall be dated as of the day on which the requisite documents are left with the proper officer for the purpose of such entry, and the judgment shall take effect from that date.”

Judgment upon filing Affidavit, &c.]—By Ord. XLI., r. 6, “Where under the Acts or these Rules, or otherwise, it is provided that any judgment may be entered or signed upon the filing of any affidavit or production of any document, the officer shall examine the affidavit or document produced, and if the same be regular and contain all that is by law required he shall enter judgment accordingly."

Judgment on Production of Order or Certificate, &c.]—By Ord. XLI., r. 7, "Where by the Acts or these Rules, or otherwise, any judgment may be entered pursuant to any order or certificate, or return to any writ, the production of such order or certificate sealed with the seal of the Court or of such return, shall be a sufficient authority to the officer to enter judgment accordingly."

(e) In this and the following forms the judgment must be made to agree with that. directed in the certificate, and the form will often require to be altered accordingly.

value of the said goods, and that the plaintiff also recover against the defendant the said £ the said assessed damages for the detention of the said goods, and costs of action, to be taxed.

The above costs [&c., as in the preceding form.]

3. Judgment in Qui tam (ƒ).

[Proceed as in the form No. 1 to the end of the statement of the certificate, and then thus:] Therefore it is adjudged that the plaintiff recover against the defendant for our said lord the King and for himself the said £——— in the said paragraph of the statement of claim herein mentioned; and that our said lord the King have one moiety thereof to his own use, and that the plaintiff have the other moiety thereof to his own use, according to the statute in that behalf. [And that the plaintiff recover nothing against the defendant in respect of the said £- in the said paragraph of the said statement of claim herein mentioned, whereof the defendant is acquitted.]

4. The like, when Plaintiff is entitled to Costs (g).

[Proceed as in the preceding form, and add:] And it is further adjudged that the plaintiff recover against the defendant his costs of action, to be taxed.

The above costs [&c., as in the form No. 1, supra.]

5. Judgment for Plaintiff in Debt on Bond, where Damages were assessed under 8 & 9 Will. 3, c. 11,

S.

8.

[Proceed as in the form No. 1 to the end of the officer's certificate, and then thus] Therefore it is adjudged that the plaintiff recover against the defendant £ and costs of action to be taxed. [It is also adjudged that the plaintiff have execution against the defendant of the aforesaid and costs, according to the statute in that behalf.]

£

6. Judgment for Defendant on Officer's Certificate after Trial by Jury.

[Title, &c., as in form No. 1, supra.]