Special bailpiece, 2s. 6d. stamp.

Recognizance of bail by bill.

Rule respecting notice.

Take the bail, and bail-piece, to one of the judge's chambers in Serjeant's Inn, Chancery Lane, and the clerk will take the recognizance as follows:

"You do jointly and severally undertake, that if C. D.(b) shall be condemned in this action, at the suit of "A. B. he shall satisfy the costs and condemnation money, or render himself to the custody of the marshal "of the Marshalsea, or you will do it for him.

66

"Are you content?"

Pay the clerk 4s. in term-time, in vacation 5s. ; as soon as you have done this, give notice in writing of the bail being put in, to the plaintiff's attorney, pursuant to the following rule:

Every attorney of this court, who shall put in any special bail before any justice of this court, de bene esse, upon a cepi corpus, shall give notice thereof without de lay to the plaintiff or his attorney, R. M. 16 Car. 2.

(a) The bail are not regularly put in unless the name of the proper county be inserted. Smith v. Millar, 7 Term Rep. 96.

(b) If in a joint action against two recognizance of bail be drawn up by mistake against one only, and the plaintiff after two writs of sci. fa. against the bail, and nihil returned to them, sign judgment against the bail, and take out execution, the counsel will set aside the judgment and execution for irregularity. Holt v. Frank, and another, 1 Maule and Selw. 199.

In the King's Bench.

A. B. plaintiff,

and

C. D. defendant.

Take notice, that special bail was this day put in (if by Notice of bail. original say, "put in with the filacer,") for the defendant in this cause, before the Honourable Mr. Justice(a) at his chambers in Serjeant's Inn, Chancery-Lane, London; and the names and addresses of such bail, G. H. of Dated the day of

and J. K. of

1817.

Yours, &c.

L. M. Attorney for the defen-
dant, Inner Temple.

To Mr. A. B. Attorney for the plaintiff.

If they are the same as are bail to the sheriff, then you add," and they are the same as are bail to the sheriff."

This notice must be served not later than ten at night. Rule, Mich. 41 Geo. 3. 1 East. 132.

Notice of bail on an arrest, ought to be not only by a Notice, what note given of the parties names who are to be bail, but it ought to also with truth, and certainty, their addition, trade and contain. place of abode, that so they may be more easily inquired after by the plaintiff, or his attorney. 11 Mod. 2.

Also

it is necessary to entitle the cause, and name the street they live in, for the parish has been held too wide a designation. Loft. 72, 194, 187, 281. A notice given in the name of one of the plaintiffs only, where there are joint plaintiffs, bad. Ibid. 237.

Of excepting to the Bail.

Where bail are put in, in due time, an exception must first be entered (and notice given) before the rule to bring in the body; and the court said, that there is no difference in this respect between the original, and added bail. Rex

v. Sheriff of Middlesex, 8 Term Rep. 258. Therefore If dissatisfied if the plaintiff be dissatisfied with the bail above, and they with bail. be not the same as are bail to the sheriff, he must except against them within twenty days after notice given, otherwise such exception is void, pursuant to the following rule:

made within

It is ordered, that no exception to special bail put in Exception to before any justice of this court shall be made for the fu- bail to be ture" after twenty days notice given" of such bail being twenty days put in, according to the course of this court; and excep- after notice of

(a) The judge before whom put in, and place where put in.

bail.

Exception to bail.

When to justify after exception.

Vacation.

No exception unless notice given.

tion after that time made, shall be void and of no force. R. M. 8 Ann.

Exception must be in writing entered in the judge's books before whom the bail was taken; and the entry in the judge's book is thus, "I except against these bail. "G. H. plaintiff's attorney." And the notice to the defendant's attorney will be, naming the cause, "I have ex"cepted against the bail put in for the defendant in this "cause." "G. H. plaintiff's attorney."

"To Mr. C. D. attorney for the defendant."

That in every action in this court, where special bail is put in, and an exception entered against the said bail, and notice of such exception is given in writing to the defendant's attorney, the defendant shall procure his said bail to justify (if the notice be given in term time) in four days after such notice; or shall add other bail who shall justify within the said four days; but if such exception be entered in vacation time, and notice thereof be given in like manner, the bail put in, or other additional bail, shall justify on the first day of the subsequent term. E. 5 Geo. 2.

R.

If bail above be put in, and exception entered in the vacation, notice of justification for the first day of the next term must be given within four days after such exception. 9 East. 434.

It is no exception to bail, until the plaintiff give notice of the exception. Oldham and an. v. Burrell, 7 Term Rep. 26.

Of justifying Bail.

After the plaintiff's attorney has entered his exception, and given notice thereof to the defendant's attorney, the bail (to discharge the bond) must personally appear in court within the time limited by the rules thereof, and justify themselves (in case they do not mean to render the defendant, which they may do pursuant to the rule, Trin. 33 Geo. 3.)(a) and the plaintiff may oppose them by his counsel; if it appear they are insufficient, the court will reject them, and leave the plaintiff at liberty to proceed upon the bail-bond, or against the sheriff.

By rule, Mich. 51 Geo. 3. it is ordered that from henceforth in bailable causes for any sum exceeding 10001.

(a) This rule extends to the case of the sheriff. 8 Term Rep. 529.

it shall be sufficient for the bail above to justify in 10001. beyond the sum sworn to. 13 East. 62.

If the same bail are to justify, as have been put in, and If same bail notice given thereof, one day's notice is sufficient for the justify. justification, and such notice may be given on Friday for Saturday, or on Saturday for Monday; the form of such notice will be as follows:

In the King's Bench.

A. B. plaintiff,

and

C. D. defendant.

fication by

same bail,

Take notice, that the bail already put in for the defen- Notice, justidant in this cause, and of whom you have had notice, will on next justify themselves in open court, Westminster-hall, in the county of and sufficient for the said defendant. day of

1817.

Middlesex, as good
Dated this

Yours, &c.

J. K. attorney for the defendant.

To Mr. G. H. attorney for the plaintiff.

If the time allowed for justifying expire in a day in As to notice. term, which happens to be Midsummer day, or any other holiday when the court does not sit, the notice of justi-` fication should be for the day they ought to justify, to prevent an assignment of the bail-bond; and the bail may justify the next day, as a matter of course. Master Forster, T. 45 Geo. 3.

A rule was made for the justification of bail in Trin. Bail to attend Term, 35 Geo. 3. before 10 in the morning. And now in court beby rule, Hil. 46 Geo. 3. It is ordered, that in future that fore ten in the morning. rule be strictly attended to. So that the bail must now be at Westminster-hall before 10. And if there be a justification by affidavit, the motion must be made before 10,

If default be made in putting in bail in time, they must justify, though not excepted to, or assignment of bail-bond may be taken. 7 East. 607.

If the bail do not justify within the time limited by When bail are the rule, and no further time is given by the court, they out of court. are out of court. Nor can they justify after the rule upon the sheriff to bring in the body is expired, without leave of the court. Loft, 72. 187. Per Cur. M. 25 Geo. 3. T. 24 Geo. 3.

This court (H.7 Geo. 3. in Smith v. Trinder) where Three bail justhe bail were to justify in 4000l. suffered one bail to jus- tified, Loft. tify in 40001. and two other in 20001. each. Sellon, 169. 252.

May pray a further day.

One of the

judges may
sit apart for
adding and
justifying spe-
cial bail.

Of adding fresh bail.

Notice of adding and justifying.

May be added

in the treasury

chamber.

Sometimes it so happens that one of the bail cannot attend, or that there be some objection to hinder the justification; in that case, you may justify the one, and pray two days further time to put in, and justify another in the room of the one rejected.

Of adding fresh Bail, and justifying.

By stat. 57 Geo. 3. c. 11. it is enacted, That it shall be lawful for any one of the judges of the court of King's Bench at Westminster, when occasion shall so require, to sit apart from the other judges of the same court, in some place in or near to Westminster-hall for the business of adding and justifying special bail in causes depending in the same court, whilst others of the judges of the same court are at the same time proceeding in the dispatch of the other business of the same court in bank, in its usual place of sitting for that purpose in Westminster-hall, and that the proceedings so had by and before such one of the judges so sitting apart for those purposes shall be as good and effectual in the law to all intents and purposes as if the same were had before the court assembled and sitting as usual in its ordinary place of sitting in Westminster-hall.

If the bail already put in, do not mean to justify, then you may add two more to those already put in on the bail-piece, and give notice of justifying them on the same day; but such notice must be given two days exclusive of such justification; as for instance, exception is entered against the bail on the 19th of April: notice is given to justify the 23d, you must deliver such notice on the 21st. So that the notice is exclusive of one day, and inclusive the other: Monday for Wednesday is good; Saturday for Monday will not do for added bail, as Sunday is reckoned no day for this purpose; Friday for Monday is good. In the King's Bench.

Between

Take notice, that A. M. of

will, on next, add themselves to the bail already put in for the defendant in this cause; and at the same time, will justify themselves in open court, Westminster-hall in the county of Middlesex, as good and sufficient bail for the said defendant. Dated the 1817.

day of Yours, &c.

J. K. attorney for defendant.

To Mr. G. H. attorney for plaintiff.

These may be added the same morning you justify in court; pay 2s. each name, but mind and have the bail.