might further cause to be done thereupon what of right we should see fit to be done: Yet we, being now moved by certain causes in the King's Bench Division of our High Court of Justice before us, command you and every of you] that in all plaints and suits against the said C. D. at the suit of A. B. in our court before you [or any of you] levied and affirmed, or before you [or any of you] now depending undetermined, you proceed with what speed you can, in such manner, according to the law and custom of England, as you shall see proper, our said writ to you thereupon before directed to the contrary thereof in anywise notwithstanding. Witness [&c., as usual; see form No. 10, ante, p. 814]. 17. Proceedings to remove Actions from other inferior Courts (m). [The preceding forms in this chapter may be easily adapted, the inferior court being described by its proper title.] 18. Notice to Judge of inferior Court to return Writ of Certiorari. [See the form of notice, ante, p. 402, from which this may be framed.] 19. Return thereto of Proceedings in a Borough Court (n). Borough of I, E. F., Esquire, mayor of the borough of aforesaid, to our Lord the King do most humbly certify that, before the coming of the writ of our said Lord the King to me directed, and to this schedule annexed, to wit, on, A. B. complained of C. D. [&c., as in the plaint], and that afterwards, and before the coming of the aforesaid writ, to wit, on at the said court of the said borough, an appearance was entered for the said C. D., and that afterwards, and also before the coming of the said writ, the said A. B. [&c., state the main proceedings in the inferior court, if any took place after appearance]. And this is the tenor of the record and process of the said plaint had and prosecuted before me the mayor of the borough aforesaid. E. F., mayor. (m) By the Borough and Local Courts of Record Act, 1872, sched., clause 12, “No action entered in the court shall before judgment be removed or removable from the court into any superior Court by any writ or process, except by the leave of a Judge of one of the superior Courts in cases which shall appear to such Judge fit to be tried in one of the superior Courts, and upon such terms as to payment of costs, security for debt and costs, or such other terms, as such Judge shall think fit." (a) The certiorari is obeyed by transmitting the record itself, formally made up, to the Court into which the writ is made returnable. A mere transcript or copy of the record will not do (see Palmer v. Forsyth, 4 B. & C. 401; Franks v. Wicks, 9 Dowl. 489). See a form, Tidd's Forms, 135; and see there other forms of returns. As to the fees for making a return to a writ to a county court, see Batt v. Price, 1 Q. B. D. 264. SECTION II. REMOVAL AFTER JUDGMENT IN AID OF EXECUTION (0). 1. Affidavit for Removal of Judgment of County Court (p). In the High Court of Justice. King's Bench Division. In the matter of a plaint in the county court of holden at Wherein A. B. is Plaintiff, and C. D. is Defendant. I, X. Y., of named A. B., of solicitor in the above-named action for the above make oath and say as follows: 1. The document now produced and shown to me, marked A., is a certificate of the registrar of the above-named county court of a judgment obtained on the 19-, by the above-named A. B. day of , for £ against the above-named C. D., of [insert amount, which must exceed £20] debt [or damages] and £- costs, amounting together to £, in the above-mentioned action, wherein the said A. B. was plaintiff and the said C. D. was defendant, plaint No. said judgment remains in force and unsatisfied. which 2. [Here state concisely the steps taken to obtain satisfaction of the julyment, the cause of their failure, and the facts relied on as showing that the judgment debtor has "no goods or chattels which can be conveniently taken to satisfy such judgment," and that an order for removal ought to be made.] Sworn [&c., as usual.] This affidavit is filed on behalf of the above-named A. B. 2. Order to remove Judgment from County Court (q). [Title, &c., as in preceding form, but adding below the words "King's Bench Division," the words "Master, Master in Chambers."] day of 19 Upon reading the affidavit of X. Y., filed the [and], and the certified copy of the judgment in the plaint above mentioned: It is ordered that a writ of certiorari issue to remove the said judgment from the above-named county court into the King's Bench (0) See generally 2 Pract. 14th ed. 1569 et seq. (p) By the County Courts Act, 1888, s. 151, "If a Judge of the High Court shall be satisfied that a party against whom judgment for an amount exceeding £20, exclusive of costs, has been obtained in a county court, has no goods or chattels which can be conveniently taken to satisfy such judgment, he may, if he shall think fit, and on such terms as to costs as he may direct, order a writ of certiorari to issue to remove the judgment of the county court into the High Court, and when removed it shall have the same force and effect, and the same proceedings may be had thereon, as in the case of a judgment of the High Court; but no action shall be brought upon such judgment." Application for the order should be made ex parte to a Master in Chambers upon an affidavit to the effect stated above in form No. 1. (9) This form is framed from that in R. S. C., App. K., No. 30. C.F. 52 Division of the High Court of Justice [and that the above-named defendant pay to the above-named plaintiff £- for his costs of and relating to such removal (r).] 3. Certiorari to remove Judgment from County Court (8). [Title, &c., as in form No. 1, supra.] Edward the Seventh [&c., as usual], to the judge of the county court of holden at -, greeting: We, being willing for certain causes to be certified of a judgment recovered in our court before you, against C. D., in a plaint levied therein against the said C. D. at the suit of A. B., command you that you send to us forthwith in the King's Bench Division of our High Court of Justice the judgment aforesaid, with all things touching the same as fully and entirely as it remains in our court before you, by whatsoever names the parties may be called therein, together with this writ, that we may further cause to be done thereupon what of right we shall see fit to be done. Witness [name of Lord Chancellor], - day of in the year Lord High Chancellor of Great Britain, the of our Lord This writ was issued [&c., as in form No. 10, ante, p. 814.] 4. The Return, to be indorsed on the Writ. I certify and return to the within writ that the document annexed hereto and returned herewith is a true copy of the within-mentioned judgment entered in the proper book of the within-named county court. The answer of J. K., Registrar of the said county court. Dated 5. Affidavit to obtain Execution in High Court on Judgment of Mayor's Court, London (1). In the Mayor's Court, London. I, X. Y., of make oath and say that judgment was duly signed in the Court of the Mayor and Aldermen of the City of London, on (r) See Practice Masters' Rules, r. (20). (8) Upon the registrar of the county court returning the writ with his certificate of the judgment, execution can be had as if the judgment were of the High Court; see n. (p), supra. (t) By the Mayor's Court of London Procedure Act, 1857, s. 48, "In every case where final judgment shall have been obtained in the Mayor's Court, and also in every case where any rule or order shall have been made by the court, whereby any sum of money or any costs, charges or expenses shall be payable to any person, any writ of execution upon such judgment, or any rule or order so made by the court, shall be sealed by the sealer of writs of any of the superior Courts, upon a præcipe of the same being lodged with him, together with an affidavit verifying the judgment or order, and that the same remains unreversed and unsatisfied, and immediately thereupon such writ of the day of ——, 19—, in a certain action wherein A. B. was plaintiff and C. D. was defendant, for the sum of £— debt and £ costs. And I further say that the paper writing marked A., exhibited to me at the time of making this affidavit, is the record of the said action and the judgment of the said Court of Mayor and Aldermen therein, and the said judgment remains unreversed and unsatisfied, as I verily believe. [And I further say that the signature is the signature of the proper officer of the said Court of Mayor and Aldermen (u).] Sworn [&c., as usual]. This affidavit is filed [&c., as usual]. 6. The like, on Order of Mayor's Court, London. In the Mayor's Court, London. I, X. Y., of day of make oath and say that an order was duly made in the Court of the Mayor and Aldermen of the City of London, on the 19, in a certain action wherein A. B. was plaintiff and C. D. was defendant, whereby it was ordered that the said C. D. should pay to the said A. B. the sum of £- costs [or as the case may be, stating the terms of the order]. And I further say that the paper writing marked A., exhibited to me at the time of making this affidavit, is the order of the said Court of Mayor and Aldermen, and the said order remains unreversed and unsatisfied, as I verily believe. Sworn [&c., as usual]. This affidavit is filed [&c., as usual]. 7. Præcipe for Fi. Fa. on Judgment or Order of Mayor's Court, London. In the High Court of Justice. Seal a writ of fieri facias on judgment [or order] of the Mayor's Court of London, directed to the sheriff of county of for the sum of £ against C. D., of in the [the debt and costs], together with £1 6s. Od. for costs of removal (which includes issue of execution), with interest, &c. Indorsed to levy £- and interest thereon at £4 per centum per exccution and such judgment, rule or order shall become and be of the same force, charge and effect as a writ of execution or judgment recovered in or a rule or order made by such superior Court, and all the reasonable costs and charges attendant upon such sealing shall be recovered in like manner as if the same were part of such judgment or rule or order." (u) This paragraph is not now necessary (Lewis v. Shute, unreported case, Q. B. D., 14th July, 1891). day of annum from the 19—, and -s. for further costs of execution, &c., besides sheriff's poundage, officers' fees, &c. (x). Judgment dated the day of 19-. 8. Fieri Facias on Judgment of Mayor's Court of London. [Title, &c., as in preceding form]. Edward the Seventh, by the Grace of God [&c., as usual], to the sheriff of greeting: Whereas by a judgment of the Mayor's day of Court of London, signed on the 19-, it has been in your and £ -], £ -and £ costs: And whereas by the Mayor's Court of London Procedure Act, 1857, any writ of execution upon the final judgment obtained in the Mayor's Court is directed to be sealed in any of the Superior Courts, and it is declared that thereupon such writ of execution or judgment shall become and be of the same force, charge and effect as a writ of execution or judgment recovered in such Superior Court, and that all the reasonable costs and charges attendant upon such sealing shall be recovered in the same manner as if the same were part of such judgment: And whereas the costs attendant upon sealing the writ of execution herein in our High Court of Justice have been allowed at the sum of £1 6s. Od. Therefore we command you that of the goods and chattels of the said bailiwick you cause to be made the said several sums [of £with interest thereon at the rate of £4 per centum per annum from the said day of 19- [date of judgment] [and also the said sum of £1 68. Od., with interest thereon at the rate of £4 per centum per annum from the date hereof], and that you have that money and interest before us in our said Court immediately after the execution hereof, to be rendered to the said And in what manner you shall have executed this our writ make appear to us in our said Court immediately after the execution hereof, and have there then this writ. Witness High Chancellor of Great Britain, the Our Lord one thousand nine hundred and [Indorse the writ (r) in like manner as an ordinary writ of fi. fa.; see ante, p. 391.] 9. Warrant thereon. Lord day of, in the year of to wit. S. S., Esquire, sheriff of the county aforesaid, to B. B. and S. O., my bailiffs, greeting: By virtue of a writ of our sovereign lord the King to me directed, bearing date the day of 19—, I (c) The writ may be indorsed to levy the costs of obtaining the warrant, instructing officer and receiving amount realized, such costs in ordinary cases not to exceed 10s. in addition to payment for warrant (Central Office Practice Rules, No. 18). |