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issued thereon in fourteen days, unless the judge who tries the cause or some other judge, or the court, shall order execution to issue at an earlier or later period, with or without terms."(') Where the judge certifies on the back of the record for speedy execution under 1 Will. 4, c. 7, s. 2, judgment may be signed, and costs taxed the day after the trial; and so if the judge or the court order execution to issue forthwith under the above rule, and the Common Law Procedure Act, 1852, s. 120. If there is good ground for moving for a new trial, the proper course is to apply to the judge at the trial, or to a judge at chambers, to stay the execution until such new trial may be moved for, and if judgment has not been previously signed, the motion for a new trial stays judgment or execution, until it is disposed of.(2) But in all cases, whether judgment has been signed and execution has issued forthwith, or within fourteen or any other number of days, the right of the party to move for a new trial, or arrest of judgment, or judgment non obstante veredicto, within four days after the verdict, or within the term, if the trial took place during term, or within the first four days of the ensuing term, if the trial took place during vacation, is not affected by the issuing of execution; and if any of these motions is successful, the judgment will be vacated and execution set aside, and the party restored to all that he may have lost thereby.(3)
The party entitled to sign judgment may postpone doing so as long as he pleases, but in some cases the opposite party may compel it.() And "the death of either party between the verdict and judgment shall not be alleged for error, so as such judgment be entered within two terms after such judgment."(3) A month's notice previous to signing judgment, where no proceedings have been had for a year, seems unnecessary, as the rule of court (*) applies only to proceedings before verdict.(')
3. When and how entered on the roll.]—"It shall not be necessary, before issuing execution upon any judgment under the authority of the Common Law Procedure Act,
(1) Rule Pr. 57, H. T. 1853.
(2) See ante, p. 394.
(3) 1 Will. 4, c. 7, s. 2; Rule Pr. 50, H. T. 1853.
() Taylor v. Nesfield, 4 E. & B. 432; ante, p. 443.
(3) C. L. P. Act, 1852, s. 139. See post, "Death of Party." (6) Rule Pr. 176, H. T. 1853; ante, p. 40.
() May v. Wooding, 3 M. & Sel. 500.
1852, to enter the proceedings upon any roll, but an incipitur thereof may be made upon paper, shortly describing the nature of the judgment according to the practice heretofore used, and judgment may thereupon be signed and costs taxed, and execution, issued according to the practice heretofore used; provided, nevertheless, that the proceedings may be entered upon the roll, whenever the same may become necessary for the purpose of evidence or of bringing error or the like" (s. 206). "It shall not be necessary, before issuing execution upon any judgment whatever, to enter the proceedings upon any roll."(1) The judgment may be entered on the roll at any time.(2) But the opposite party may, if injured by the delay, compel it by a judge's order ;(3) or a third party may, if the plaintiff acts in bad faith.(+) The order of the judge will be made upon the party and not his attorney.() "Every declaration and other pleading shall be entered on the judgment roll, under the date of the day of the month and year when the same respectively took place, and without reference to any other time or date, unless otherwise specially ordered by the court or a judge."() “All judgments, whether interlocutory or final, shall be entered of record of the day of the month and year, whether in term or vacation, when signed, and shall not have relation to any other day; but it shall be competent for the court or a judge to order a judgment to be entered nunc pro tunc.”(7) "No entry or continuances by way of imparlance, curia advisari vult, vicecomes non misit breve, or otherwise, shall be made upon any record or roll whatever, or in the pleadings."() The judgment roll consists of a transcript of the Nisi Prius record, inclusive of the postea and judgment. The issue is first engrossed on the roll, which is the duty of the plaintiff, and the successful party then completes it, and takes it to the Master along with the Nisi Prius record with postea indorsed, and the Master's allocatur, when the clerk will enter the proceedings.(")
(1) Rule Pr. 70, H. T. 1853.
(2) Barrow v. Croft, 4 B. & C. 388.
(3) Hopkins v. Francis, 2 D. & L. 664; 13 M. & W. 668; Newton v. Boodle, 5 C. B. 206.
(*) Chubb v. Burrell, 25 L. T. 98.
(5) Engler v. Twisden, 4 Bing. N. C. 714; 6 Scott 580.
(6) C. L. P. Act, 1852, s. 54.
(7) Rule Pr. 56, H. T. 1853; Rule Pl. 32, T. T. 1853.
(8) Rule Pr. 31, H. T. 1853.
(9) See Newton v. Boodle, 5 C. B. 206.
Judgment nunc pro tunc.]—It is competent for the court in some instances to order judgment to be entered up nunc pro tune; but in all such cases the delay in signing judgment must have arisen from the act of the court, and not the neglect of the party.(')
4. Form of judgment.]-The form of judgment used to vary according to the particular form of action; but "now in all actions, where the plaintiff recovers a sum of money, the amount to which he is entitled may be awarded to him by the judgment generally, without any distinction being therein made as to whether such sum is recovered by way of a debt or damages."(2) "But nothing in this act contained shall in any way affect the provisions of 8 & 9 Will. 3, c. 11, intituled 'An Act for better preventing frivolous and vexatious suits,' as to the assignment or suggestion of breaches, or as to judgment for a penalty as a security for damages in respect of further breaches."(3) The costs assessed by the jury ought to be included in the entry; and if the costs of increase are stated to be assessed by the jury instead of by the court, there will be ground of error.() The schedule to the Rules Pr. H. T. 1853, contains the first two of the following forms:
(1.) Form of a Judgment for Plaintiff on a Verdict in a Town Cause.
(Copy the Nisi Prius record and then proceed thus) :-Afterwards on the in the year of our Lord (day of signing final judgment) come the parties aforesaid by their respective attorneys aforesaid (or as the case may be, if they have not appeared by attorneys), and the Right Honourable John Lord Campbell, Her Majesty's chief justice assigned to hold pleas in the court of our Lady the Queen, before the Queen herself, [or if in Common Pleas, "the Right Honourable Sir John Jervis, knight, Her Majesty's chief justice assigned to hold pleas in Her Majesty's Court of the Bench," or if in the Exchequer, "the Right Honourable Sir Frederick Pollock, knight, chief baron of Her Majesty's Court of Exchequer," or Sir knight, one of her Majesty's justices of her court of (as the case may be) before whom the said issue was (or "issues were") tried in the absence of Her Majesty's chief justice, &c." (as the
(1) Freeman v. Tranah, 12 C. B. 411; Miles v. Williams, 9 Q. B. 47; Heathcote v. Wynn, 25 L. T. 247.
(2) C. L. P. Act, 1852, s. 95.
(3) Ibid. s. 96. See post, "Writ of Inquiry."
(*) 2 Hullock, 650. See Guest v. Elwes, 5 A. & E. 127.
case may be)] hath sent hither his record had before him in these words: Afterwards (&c. copy the postea.) Therefore it is considered that the plaintiff do recover against the defendant the said moneys by the jurors aforesaid in form aforesaid assessed [or if the action be in debt, and the jury do not assess the debt, but only the damages and forty shillings costs, then say, do recover against the defendant the and the moneys by the jurors aforesaid in form aforesaid assessed,"] and also £ for his costs of suit by the court here adjudged of increase to the plaintiff, which said moneys and costs [or debt, damages, and costs] in the whole amount to £
said debt of £
[In the margin of the roll opposite the words "therefore it is considered" write "judgment signed the stating the day of signing the judgment.]
(2.) The like, in a Cause tried at the Assizes.
(Copy the Nisi Prius record and then proceed thus): Afterwards on the in the year of our Lord (day of signing final judgment) come the parties aforesaid by their respective attorneys aforesaid, (or as the case may be), and Sir
knight, and Sir
knight, justices of our Lady the Queen, assigned to take the assizes in and for the said county (or "city and county," &c. as the case may be), before whom the said issue was [or "issues were"] tried, have sent hither their record had before them in these words: Afterwards [&c. conclude as directed in the preceding form.]
(3.) Form of Judgment for Plaintiff, on one Count, for Defendant on another Count, and nolle prosequi as to a third Count.
But because the jurors aforesaid have not assessed any damages on occasion of the said premises in the last count of the declaration mentioned, the plaintiff saith, that he will not further prosecute his suit in that behalf against the defendant. And hereupon the plaintiff prays the judgment of the court upon the premises in the first count of the declaration mentioned. Therefore it is considered by the court here that the plaintiff do recover against the defendant the said moneys (&c. as in No. 1.) And as to the premises in the second count of the declaration mentioned, let the defendant be acquitted, and go thereof without day.
(4.) Form of Judgment for Plaintiff where Defendant's Costs of Issues exceed Plaintiff's Costs.
[Previous part as before.]-And because the defendant's costs of the said issues so found for the defendant by the said verdict as aforesaid exceed the plaintiff's costs of suit by £ Therefore
it is considered, that the defendant do recover against the plaintiff the said £ for his said costs of those issues.
(5.) Ditto, where there are Issues in Fact tried before Issues of Law, and Plaintiff succeeds at the Trial, but fails on the Demurrer.
Whereupon all and singular the premises aforesaid, whereof the parties have put themselves upon the judgment of the court, being seen, and by the court here fully understood, and mature deliberation being thereupon bad, it appears to the court here, that the said plea of the defendant by him [secondly] within pleaded is good in substance. Therefore it is considered, that the plaintiff take nothing by his said writ, and that the defendant go thereof without day.
(6.) Form of Judgment for Defendant.
Therefore it is considered that the plaintiff take nothing by his said writ, and that the defendant do recover against the plaintiff £ for his costs and charges by him about his defence expended.—(Insert marginal note as in No. 1.)
The same is the form in nonsuit, and where a juror is withdrawn.
5. Registering judgment.]-By 1 & 2 Vict. c. 110, s. 19, no judgment of any of the said superior courts, nor any decree or order in any court of equity, nor any rule of a court of common law, nor any order in bankruptcy or lunacy shall by virtue of this act affect any lands, tenements, or hereditaments as to purchasers, mortgagees, or creditors, unless and until a memorandum or minute containing the name, and the usual or last known place of abode, and the title, trade, or profession of the person whose estate is intended to be affected thereby, and the court, and the title of the cause or matter, in which such judgment, decree, order, or rule shall have been obtained or made, and the date of such judgment, decree, order, or rule, and the account (i.e. amount) of the debt, damages, costs, or moneys, thereby recovered or ordered to be paid, shall be left with the senior Master of the Court of Common Pleas at Westminster, who shall forthwith enter the same particulars in a book in alphabetical order, by the name of the person whose estate is intended to be affected by such judgment, decree, order, or rule; and such officer shall be entitled for such entry to the sum of five shillings; and all persons shall be at liberty to search the same book, on payment of the sum of one shilling (1) By 3 & 4 Vict. c. 82, s. 2, after reciting that
(1) Where the defendant has been taken in execution after the memorandum has been left and the particulars entered, the court will order the plaintiff's attorney, on payment of his costs, to attend the Master and make an entry, that the defendant had been so taken under