1. Signing judgment.]-Judgment after a verdict is said. to be signed, when the costs are taxed and inserted in the Master's book ;(2) and these operations are in fact generally simultaneous. Final judgment is complete at the time of signing it.(3) And where judgment is signed for want of a plea, it is complete at the time of signing it, though the costs are not taxed. (4) No execution can issue until the judgment is signed, ($) except in feigned issues from a court of equity, as to which it is not usual to sign judgment. The mode of signing judgment is as follows. The party entitled to the postea goes to the Associate, and gets the Nisi Prius (1) For judgment in other cases, see the various heads to which it belongs, as "Demurrer," "Judgment by Default," &c. (2) Butler v. Bulkeley. 8 Moore, 104, 1 Bing. 233; Robieson v. Rees, 1 L. M. & P. 69; Peirce v. Derry, 4 Q. B. 635. (3) Colbron v. Hall, 5 Dowl. 534; Fisher v. Dudding, 9 Dowl. 872; 3 Scott N. R. 516. (4) Walter v. De Richemont, 6 Q. B. 544. (5) Finch v. Brook, 5 Dowl. 59. record. If the cause was tried at the assizes, and the postea is therefore not engrossed by the Associate on the back of the record, the party must so engross it, and take it to the office of the court to be stamped. He gives one day's notice of taxation to the other party, where notice is necessary, and on the day appointed takes the postea along with his affidavit of increased costs to the Master, who will tax the costs, and at the same time sign judgment under the postea.(1) Though the taxation of costs is generally simultaneous with signing judgment, yet the attorney may, if he pleases, sign judgment without taxing the costs, in which case, it seems, he will waive them; (2) and hence the judgment cannot be set aside, even where the costs are taxed, without giving notice to the other side, the only remedy being a review of the taxation, if there are overcharges.(3) If the . judgment is irregularly signed, the same party who signed it may obtain a rule to set it aside, and sign it anew, which is a rule nisi only in the first instance.(*) A pauper plaintiff is entitled to sign judgment without paying any fees, whether he has obtained a verdict exceeding 5l. or not.(3) 2. When signed.]-No rule for judgment is necessary. (6) "When a plaintiff or defendant has obtained a verdict in term, or in case a plaintiff has been nonsuited at the trial in or out of term, judgment may be signed and execution (1) The party must in addition take to the Master an incipitur of the declaration made on paper, which is called the judgment paper, on which the Master signs judgment as well as on the "postea."-C. L. P. Act, 1852, s. 206, post, 509, 510. The following is the Form of Incipitur, with Judgment signed in the Exchequer. In the Exchequer of Pleas. The Judgment on Postea, for £ day of 18 A. B., the plaintiff in this suit, defendant in this suit, who answer the plaintiff in an action on the case. Judgment signed 6th February, Costs, £ complains of C. D., the has been summoned to For that, whereas, &c. Where the incipitur varies from the judgment roll, see King v. Birch, 3 Q. B. 425. (2) Field v. Partridge, 7 Exch. 689. (3) Ibid; see ante, p. 500. (4) Bennett v. Simmons, 2 D. & L. 98. (5) Rule Pr. 121, H. T. 1853. () Rule Pr. 55, H. T. 1853. |