mercy," &c., which is called a misericordia, say "and let the defendant, inasmuch as he has denied his deed, be taken," &c. [which is called a capiatur.] CHAP. V. OF COSTS, &c. Judgment for plaintiff in debt on bond, where damages were assessed on 8 & 9 W. 3, c. 11, s. 8. Commence and proceed in the entry of the judgment as in the form ante, 107, 108, but state the judgment itself thus:] Therefore it is considered that the plaintiff do recover against the defendant his said debt and his damages aforesaid, on occasion of the detention thereof, to 1s.,together with his costs and charges aforesaid to 40s., by the jurors aforesaid, in form aforesaid assessed, and also £--for his said costs and charges by the Court here adjudged of increase to the plaintiff, and with his assent. It is also considered by the Court here, that the plaintiff have execution against the defendant of the damages aforesaid to £--, by the said jurors in form aforesaid assessed on occasion of the aforesaid breach of the said condition of the said writing obligatory, according to the form of the statute in such case made and provided; and the defendant in Mercy. mercy, &c. Commence and proceed in the entry of the judgment as in the form ante, 107, 108, but state the judgment itself thus:] Therefore it is considered that the plaintiff, who sues as aforesaid, do recover against the defendant for our said lord the king, and for himself, the plaintiff, the said sum of £——, in the said count of the said declaration mentioned, parcel of the said sum of £—— above demanded, and that our said lord the king have one moiety thereof to his own use, and that the plaintiff who sues as aforesaid have the other moiety thereof to his own use, according to the form of the statute in such case made and provided, and the defendant in mercy, &c.* And let the plaintiff who sues as aforesaid be in mercy for his false complaint against the defendant for the residue of the said sum of £, whereof the defendant is acquitted, and the defendant go thereof without day, &c. Proceed as in preceding form to the end of the judgment for the penalty at the asterisk, and then thus:] And it is further considered by the Court here, that the plaintiff, who sues as aforesaid, do recover against the defendant the said sum of 40s. for his costs and charges aforesaid, by the jurors aforesaid, in form aforesaid assessed, and also £ for his said costs and charges by the Court here adjudged of increase to the plaintiff who sues as aforesaid, and with his assent, according to the form of the same statute, which said several sums of £-- and £——, in the whole amount to £; and the defendant in mercy, &c. And let the plaintiff, who sues as aforesaid, be in mercy for his false complaint against the defendant for the residue of the said sum of £, whereof the defendant is acquitted, and the defendant go thereof without day, &c. Judgment in debt qui tam. where part is found for plaintiff and part for defendant. Judgment in debt when plaintiff is enti tled to costs. nant. Commence and proceed in the entry of the judgment as in the form, ante, 107, Judgment for 108, but state the judgment itself thus:] Therefore it is considered that the plaintiff in coveplaintiff do recover against the defendant his said damages, costs, and charges by the jurors aforesaid, in form aforesaid, assessed, and also £- -, for his said costs and charges by the Court here adjudged of increase to the plaintiff and with his assent, which said damages, costs, and charges in the whole amount to £——, and let the defendant, inasmuch as he has denied his deed, be taken, &c. [or if defendant has not denied the deed then, instead of the words, " and let, &c." say, " and the defendant in mercy, &c." Commence and proceed in the entry of the judgment as in the form, ante, 107, Judgment for plaintiff in detinue. CHAP. V. 108, but state the judgment itself thus:] Therefore it is considered that the OF COSTS, &c. plaintiff do recover against the defendant the said goods and chattels, [or “deeds and papers, &c." or enumerating them, if enumerated in the postea,] or the said sum of £--, for the value of the same, if the plaintiff cannot have again his said goods and chattels, [or "deeds," &c.] and also his said damages, costs, and charges to £--, beyond the value aforesaid, by the jurors aforesaid, in form aforesaid assessed, and also £—— for his said costs and charges by the Court here adjudged of increase to the plaintiff, and with his assent, and the defendant in mercy, &c. And hereupon the sheriff is commanded that he distrain the defendant by all his lands and chattels in his bailiwick, so that neither the defendant, nor any one by him, do lay hands on the same until the said sheriff shall have another command from the Court here in that behalf, and that the said sheriff answer for the issues of the same, so that the defendant render to the plaintiff the goods and chattels, [or " deeds," &c.] aforesaid, [or "the said sum of £-- for the value of the same,"] and in what manner, &c. he is commanded to make appear, &c. [This latter part of the entry is called the distringas. Judgment for plaintiff in case or trover. Judgment for In margin of the roll, opposite the words, "Therefore it is considered, &c." write, Judgment signed day of also in the margin op A. D. posite the words, " mercy," &c. write, "mercy.") Same as in assumpsit, ante, 107, 108. Same as in assumpsit, ante, 107, 108, omitting the averment at the end, "and the defendant in mercy," &c. plaintiff in trespass. Judgment for plaintiff in re See form, post, 112. plevin. Judgment for plaintiff in eject ment. See form, post, 112. Same as in ordinary cases where there is but a single issue. See the preceding forms. Same as in ordinary cases in assumpsit. See the form, ante, 107, 108. Commence and proceed in the entry of the judgment as in the form, ante, 107, 108, but state the judgment thus:] Therefore it is considered that the plaintiff do recover against the defendant his said damages, costs, and charges by the jurors aforesaid, in form aforesaid assessed, and also £--, for his said costs and charges by the said Court here adjudged of increase to the plaintiff, and with his assent, according to the form of the statute in such case made and provided, which said damages, costs, and charges amount in the whole to £- -; and the defendant in mercy, &c. [so state the judgment according to the nature of the action; see the form in debt, ante, 108, in covenant, ante, 109, in detinue, ante, 109, in trespass, &c. supra.] And the plaintiff is also in mercy for his false claim against the defendant as to the premises, whereof the defendant is acquitted by the said jury in form aforesaid; and let the defendant go thereof without day, &c. [Write in the margin as directed at the end of the form, ante, 107.] CHAP. V. count and for defendant on another, with a nolle prosequi as to a third Commence and proceed in the entry of the judgment as in the form, ante, 107, 108, to the end of the statement of the postea, and then thus:] But be- OF COSTS, &c. cause the jurors aforesaid have not assessed any damages on occasion of the Judgment on a not performing of the said last mentioned promise, the plaintiff saith that he verdict for will not further prosecute his suit in that behalf against the defendant. And plaintiff on one hereupon the plaintiff prays the judgment of the Court of and upon the premises aforesaid: Therefore it is considered by the Court here that the plaintiff do recover against the defendant his said damages, costs, and charges, &c. [as ante, 107, 108.] And as to the several promises in the said declaration secondly and lastly above-mentioned, let the defendant be acquitted, and go thereof without day, &c. And it is further considered by the Court here, that the defendant do recover against the plaintiff £--, for his costs and charges assessed. by him about his defence in this behalf, as to the several promises and undertakings in the said declaration secondly and lastly above-mentioned, laid out and expended by the Court here adjudged to the defendant, and with his assent, according to the form of the statute in such case made and provided, (i) and that the defendant have execution thereof, &c. [Write in the margin as directed at the end of the form, ante, 107, 108.] day of count found for plaintiff, on which no damages were where one de fendant is found guilty, and another acquitted, and the judge certifics to deprive the acquitted defendant of his costs. (j) Commence and proceed in the entry as in the form, ante, 107, 108, to the end Judgment of the statement of the postea, then state the judge's certificate on the judgment thus:] And thereupon the Right Honourable - [or “Sir ——, knight," the chief justice, [or “chief baron," or "justice," or "baron,"] within mentioned, according to the form of the statute in such case made and provided, on the A. D., certifies upon this record under his hand, that there was reasonable cause for making the said E. F. a defendant in this action. Therefore it is considered that the plaintiff do recover against the said E. D. his said damages, costs, and charges by the jurors aforesaid, in form aforesaid assessed, and also the sum of £- for his said costs and charges by the Court here adjudged of increase to the plaintiff, and with his assent; which said damages, costs, and charges, in the whole amount to £————, and the said E. D. in mercy, [&c. so state the judgment according to the nature of the action; see the form in debt, ante,108, in covenant, ante, 109, in detinue, ante, 109, in trespass, &c. ante, 109.] It is also considered by the said Court here, that the plaintiff take nothing by his said writ as against the said E. F.; and that the said E. F. do go thereof without day, &c. Proceed as in the preceding form to the end, and then thus:] And it is The like where further considered by the Court here, that the said E. F. do recover against the the judge does plaintiff £————, for his costs and charges by him about his defence in this be- not so certify. (k) half laid out and expended, by the Court here adjudged to the said E. F., and with his assent, according to the form of the statute in such case made and provided, and that the said E. F. have execution thereof, &c. Commence and proceed in the entry of the judgment as in the form, ante, 107, Judgment for 108, but state the judgment itself thus:] Therefore it is considered that the plaintiff the defendant in general. (i) The 3 & 4 W. 4, c. 42, s. 33, entitles the defendant to, and to have judgment for and recover these costs. See 2 Chit. Ar. Pr. book 4, part 1, chap. 25. (j) The 3 & 4 W. 4, c. 42, s. 32, allows the jndge so to certify. See the form of the certificate, Thomas Chitty's Forms, 104. See the form of the judgment (k) The 3 & 4 W. 4, c. 42, s. 32, gives CHAP. V. Or Cosrs, &c. Judgment signed on the day of , A. D. Judgment in ejectment on verdict for plaintiff. Judgment for plaintiff by nil dicit, in K. B., in replevin. take nothing by his said writ, but that he be in mercy, &c., and that the defendant do go thereof without day, &c. And it is further considered by the Court here, that the defendant do recover against the plaintiff £-— for his costs and charges by him about his defence in this behalf laid out and expended by the Court here adjudged to the defendant, and with his assent, according to the form of the statute in such case made and provided, and that the defendant have execution thereof, &c. [In the margin of the roll, opposite the words "Therefore it is considered, &c." write "Judgment signed the —." (1) day of A. D. Therefore it is considered that the said John Doe do recover against the said C. D. his said term [or "terms"] yet to come of and in the respective tenements aforesaid, with the appurtenances, and also his said damages, costs, aud charges, by the jurors aforesaid, in form aforesaid assessed, and also - for his costs and charges by the Court here adjudged of increase to the said John Doe, and with his assent; which said damages, costs, and charges in the whole amount to £. And upon this the said John Doe prays the writ of our lord the king to be directed to the sheriff of aforesaid, commanding him that he cause the said John Doe to have possession of his said term [or "terms"] yet to come, of and in the tenements aforesaid, with the appurtenances, and it is granted to him returnable immediately after the execution thereof, wheresoever, &c. [or in K. B. by bill " returnable before our lord the king at Westminster, immediately after the execution thereof," or in C. P. or Exch.," returnable here immediately after the execution thereof.”](m) to wit, A. B. puts in his place P. A., his attorney, against C. D., in a plea of taking and unjustly detaining the [cattle] goods and chattels of the said A. B. against gages and pledges, &c.(n) to wit the said C. D. puts in his place D. A., his attorney, at the suit of the said A. B. in the plea aforesaid, to wit C. D. was summoned to answer A. B. of a plea, wherefore [&c. copy the declaration to the end, and proceed on a new line as follows:] And on [day of signing interlocutory judgment] the defendant by D. A., his attorney, comes and defends the wrong and injury, when, &c. and says nothing in bar or preclusion of the said action of the plaintiff, whereby the plaintiff remains therein undefended against the defendant, wherefore the plaintiff ought to recover against the defendant his damages, on occasion of the taking and unjustly detaining of the [cattle] goods and chattels aforesaid; but because it is unknown to the Court of our said lord the king now here what damages the plaintiff hath sustained by means of the premises, the sheriff is commanded that, by the oath of twelve good and lawful men of his bailiwick, he diligently inquire what damages the plaintiff hath sustained, as well on occasion of the premises as for his costs and charges by him about his suit in this behalf expended; and that he send the inquisition, which he shall thereupon take to our said lord the king at Westminster, on under his seal and the seals of those by whose oath he shall take the (1) This form is applicable, though there be several issues, which are all found for defendant, see 1 Chit. Ar. Pr. 381, 367. (m) See 2 T. Chit. Ar. Pr. 636. H. T. 4 W. 4, as to the entry of the warrant of attorney, are not applicable to a replevin suit; and therefore that the entry of them should perhaps still be continued as before. said inquisition, together with the writ of our said lord the king to him there- on CHAP. V. OF COSTS, &c. judgment for Proceed as in the last form to the end, and then thus:] At which day, be- Entry of final fore our said lord the king at Westminster, comes the plaintiff, by his attorney, judgment, and inquisition on and the sheriff, to wit, S. S., sheriff of the said county, now here, returns a certain inquisition, indented, taken before him at — in the county aforesaid, plaintiff by nil — [day of returning inquisition], by the oath of twelve good and lawful dicit, in K. B. men of his bailiwick, by which it is found that the plaintiff hath sustained damages, by means of the premises, to £ over and above his costs and charges by him about his suit in this behalf expended, and for those costs and charges to shillings. Therefore it is considered that the plaintiff do recover against the defendant his damages aforesaid by the said inquisition above found, and also £-- for his said costs and charges by the Court here adjudged of increase to the plaintiff, and with his assent; which said damages, costs and charges, in the whole amount to £- ; and the defendant in mercy, &c. [Add the usual marginal notes as directed at the end of the form, ante, 107, 108.] Although execution on a judgment may be issued before the of entering and judgment has been entered on the roll or docketed, yet it is docketing the judgment. essential for the following purposes that the judgment be entered on the roll, docketed, and carried to and filed in the treasury of the Court; (o) as, first, in order to bind the defendant's lands; secondly, to enable the plaintiff to bring debt or scire facias on the judgment; thirdly, to proceed against the bail on their recognizance; fourthly, in case a writ of error is brought; and, fifthly, in order to bind assets in the hands of the executor or administrator of the defendant; and formerly it was requisite to enter the proceedings of record, in order to charge the defendant in execution, but since Reg. Gen. Hil. T. 2 W. 4, reg. 95, that is no longer necessary. In all other cases also by Reg. E. 17 J. 1, E. 1657, r. 1; M. 5 A. r. 1, the judgments are ordered to be docketed; and, by R. M. 5 A. r. 1; E. 5 W. 3; E. 9 W. 3; M. 9 W. 3; Trin. 10 W. 3; E. 5 W. & M. 3; E. 34 Car. 2, r. 5; 29 Car. 2; the rolls of Trinity, Michaelmas and Hilary Terms, are ordered to be brought in before the essoign days of the subsequent terms respectively, (p) and the rolls of Easter Term before the first day of Trinity; after which they are not to be received without the special leave of the Court, and the custos brevium (0) Barrow v. Croft, 4 Bar. & Cres. 388; 6 Dowl. & R. 386, S. C. (p) Since the 11 G. 4 and OL. IV. W. 4, c. 70, s. 6, it should seem, that if the rolls be I |