piece in court to give the master; therefore on the preceding evening get it of the judge's clerk, or he will attend with and deliver it to the master; pay him 2s. 6d.

You may put in bail, and justify at the same time by May put in giving notice for that purpose, two days exclusive of the and justify day; which is done as follows; fill up a bail piece, take it bail on the to the judge's clerk, who will take the recognizance; pay same day. 4s. and 2s. 6d. for delivering it to the master in order to justify; have affidavit of service of notice ready, which give to counsel to move.

If you add only one person to the bail already put in, and he with one of the other justifies, then your notice. will be as follows:

In the King's Bench.

A. B. plaintiff,
and

C. D. defendant.

next Notice of add

Take notice, that E. F. of, &c. will on add himself to the bail already put in for the defendant ing one and in this cause, and that he, together with J. J. one of the bail justifying. already put in for the said defendant, and of whom you have had notice, will at the same time justiïy themselves in open court Westminster-hall, in the county of Middlesex, as good and sufficient bail for the said defendant. Dated this day of

Yours, &c.

1817.

J. K. Attorney for defendant. To Mr. G. H. Attorney for plaintiff. If bail do not justify pursuant to the first notice, the If they do not court before they permit them to justify on the second justify purnotice, will make the defendant pay the costs (if any) of notice. the first intended opposition.

How to justify in Court.

suant to first

In the evening bespeak the bail-piece at the judge's How to justify chambers, and the clerk will deliver it to the master in in court. court; pay 2s. 6d. Get an affidavit of the service of such notice sworn, and on the back indorse the names of the plaintiff and defendant, with the counsel's name, "to move to justify the within bail," give it to the counsel with 10s. 6d. and he will move it; take your bail in court to the master; the officer swears them, and the master asks if " they are worth double the sum sworn "to, (a) after payment of all their debts," for which pay the officer 9s.; in the evening go to the clerk of the

(a) If under 10001. If more than that, they are worth 10001. above the sum sworn to. See rule, ante 169. n. (a).

Rule for allowance of

the bail must be drawn up,

or an attachment may be had against

the sheriff.

Rule for the allowance of bail,

Affidavit of

service of notice of justification.

Plaintiff's attorney may

consent.

rules, and he will draw up the rule for the allowance of the bail; pay 7s. serve copy on plaintiff's attorney afterwards; get the bail-piece of the master's clerk, and file it with Messrs. Provost and Chambre.

Bail was put in and justified, but the rule for the allowance of it was not served, bail was opposed, and an attachment against the sheriff was obtained for not bringing in the body. Motion to set it aside. Lord Kenyon. Bail is not regularly put in till the allowance of it be served, and it is of importance that all the steps prescribed by the practice of the court should be followed: if we were to suffer this exception to prevail, it would enable the defendant's attorney to put into his pocket those duties which belong to the revenue. The King v. Sheriff of Middlesex, 4 Term Rep. 403. Rule discharged.

A. B.

V.

Upon reading the affidavit of A. B. it is ordered, that the bail put in for the defendant in this C. D. cause, who have this day justified themselves in court, be allowed, and the bail-piece filed on the motion of Mr.

By the court,

N. B. The bail-piece is given to the master at the time of the justification in court, who takes it to his office, the defendant's attorney should get same from the master's clerk, and file it with Messrs. Provost and Chambre within 20 days: but if the defendant is in custody at the time of the justification, they will not sign the supersedeas, for his discharge, until it be filed with them; in that case, file it forthwith.

In the King's Bench.

Between

A. B. plaintiff,
and
C. D. defendant.

J. C. clerk to E. H. of, &c. attorney for the defendant in this cause, maketh oath and saith, that he did the day of instant, personally serve J. K. the plaintiff's attorney, with a true copy of the notice, hereunto annexed.

66

Sworn, &c.

J. C.

If you serve the servant of plaintiff's attorney or clerk, say," Served Mr. J. K. the plaintiff's attorney in this cause, with a true copy of the notice hereto annexed, "by delivering the same to the clerk or servant of the "said J. K. at his house or chambers."

In order to save this trouble and expence, where the

attorney certifies the bail are good to plaintiff's attorney, and he can rely on his word, this mode of justification is dispensed with; and the bail are taken to a judge's chambers to justify by consent; pay 2s.

justify by an

Bail put in by one attorney for the defendant, and no- Bail put in by tice for justification given by a new attorney, not allowed one attorney, and notice to by the court; the bail shall not be permitted to justify; and the master certified, that by the established practice, other, not a party cannot change his attorney without leave of the good, without court, or a judge's order. Dougl. Rep. 217. Macpherson leave of court, v. Robinson. 2 Black. Rep. 1323. Kaye v. De Mattos.

S. P.

another add

ed.

If one person be excepted to as bail, and another added, If one be exthe name of the former may, when so added and justified, cepted to, and with leave of the court, be struck out of the bail-piece at any time before scire facias. Sayer's Rep. 58. And proceedings as to him may be staid after scire facias brought, ibid. 309. till then he is not exonerated. 1 Black. Rep. 462.

tunc.

One of the bail had not justified, and a motion was Exoneretur made to stay proceedings against him, which was grant- nunc pro ed; but his name still remained on the bail-piece, after two sci.fa.'s and nihils returned, an exoneretur was ordered to be entered nunc pro tunc. Humphry v. Leite, 4 Burr. 2107.

Mr. J. Yates said, where a bail had not justified, he Must apply in must apply in proper time, to have his name struck out proper time. of the bail-piece: and in Wilkinson v. Lomax it was

said, it was time enough for him to apply when he first

finds himself attacked. Ibid.

In Jones v. Tubb, 1 Wils. 337. the court said, as he If excepted to. was excepted to and refused to justify, he might reasonably think he was no longer bail, therefore application after an insolvency of one of the bail, was held time enough!

property

Mr. John Calendar a merchant, came to justify as As to bail jusbail; the sum he was required to justify in was 90001. and tifying in rehe regularly justified in that sum inclusive of his landed spect of landproperty in Jamaica. He was objected to on account of abroad. the including his landed property in Jamaica. The court thought the objection a good one; because his landed property in Jamaica is not liable to the process of this court. Boddy v. Leytand, 4 Burr. 2526. Contra 1 Black. Rep. 444.

N

Opposing bail,

on what

grounds they will be rejected or not.

Bail was allowed to justify in respect of property consisting partly of cash, and partly of a freehold house at Gibraltar. Beardmore and others v. Phillips, 4 Maule and Selw. 173.

A native of Engtand was allowed to justify as bail in respect of property partly in England, and partly abroad. Graham v. Anderson, 4 Maule and Selw. 371.

Of opposing the Bail.

Generally, bail are opposed on several grounds, as that one of them is an attorney, an attorney's clerk, sheriff's officer, keeper of a prison, Marshalsea court officer, serjeant at mace, summoning officer to warn juries, an outlawed person, or one convicted of perjury; or that there is some mistake in the notice to justify; namely, that it should have been given two days previous, instead of one; that the bail have assumed names that are either 4 Term Rep. feigned or belong to other persons; for the punishment of such bail, vide 21 Jac. 1. c. 26. s. 2. 4 & 5 W. & M. c. 4. 4 Burr. 2526. s. 4. 1 Str. 384. But the court will not vacate the pro

R. M. 14 Geo. 2. Cowp. 828. Dougl. 150. 464.

Black. 799.

410.

If bail do not

ceedings against the party personated, until the offender be convicted; 1 Vent. 301. nor can a conviction take place, until the bail-piece be filed, 2 Sid. 90, that they are not house-keepers: if they be, the rent paid is immaterial, though under 101. Loft. 148.; nor is it necessary they should have been assessed to the poor's-rate, ibid. 328. Not being worth double the sum sworn to, after payment of all their debts. Under this head may be ranked bankrupts, who have not obtained their certificates; or such as have been twice bankrupts, and not paid 15s. in the pound, Mountain v. Wilkins, M. 24 Geo. 3. after the expiration of the rule to bring in the body. Loft. 438. Higway v. Tyers, M. 20 Geo. 3, and bail have been rejected, who did not know the defendant, M. 26 Geo. 3, cited Tidd, 6 Ed. 268. or had been bail before, but did not know in how many actions, or for what sums. Loft. 72, 194. But it seems that the circumstances of not knowing the defendant, being only a mark of suspicion, may be explained away. Tidd. 6 Ed. 268. Lastly, foreigners are not admitted to justify. See 4 Burr. 2526. Loft. 34. 147. contra 1 Black. 444. and 2 Black. 1323; nor persons whose property is out of the jurisdiction of the court, as in Jamaica.

Where the bail do not attend, or are not permitted to attend, how to justify, on account of a defect in the notice of bail, or apply for time. justification, the court will in general allow them further

time. Loft. 72. 187. But where they are rejected on account of some personal insufficiency, the court will not allow further time to add and justify others, until an affidavit of facts in alleging some excuse in the bail not having attended, be made according to the following rule.

fying of bail.

Ordered, that in all cases where motion is made for Order respectgiving further time to justify bail, it must be supported ing further by an affidavit of the special facts, alledged in excuse time for justiof the bail not attending at the time mentioned in the notice of justification of such bail. Or in case further time be given upon suggestion of counsel, then the bail shall not be permitted afterwards to justify, unless at such given time, such an affidavit be produced as herein before is described. R. M. 36 Geo. 3. But bail may render in discharge of themselves, on the day the rule expires, before justification. Rule, T. 33 Geo. 3. 5 Term Rep. 368 (a).

In the King's Bench.

A. B. plaintiff,

and

C. D. defendant.

J. S. of, &c. clerk to Mr. J.K. attorney for the plaintiff Affidavit to in this cause, maketh oath and saith, that Mr. L. M. at- oppose bail. torney for the defendant in this cause, having served the said J. K. with notice of justifying bail in this action, be this deponent, by the order and directions of the said J. K. inquired into the sufficiency of the bail intended to be justified for the said defendant, and saith that G. H. one of the said bail, hath been a bankrupt, and hath not yet obtained his certificate, as he this deponent hath been informed, and verily believes.

J. S..

Sworn, &c.

Allowance of Bail.

allowance of

When the bail are allowed, a rule or order of allow- How to proance should be drawn up with the clerk of the rules, ceed after and a copy of it served on the plaintiff's attorney, even bail. though he has opposed their justification, 4 Term Rep. 493. after which the bail-piece should be obtained from

(a) If bail are opposed by affidavit, the affidavit must first be put in and read, before the bail be asked any questions. E. T. 1800.