Postea. Error: Bail. Execution. Executions are of four sorts. Satisfaction. turn their verdict at the bar; which is recorded in court by the proper officer, and then they are discharged. If the issue be found either for the plaintiff or defendant; or specially; or if the plaintiff makes default; or is nonsuit it is entered on the back of the record, and is called a postea; which being entered, judgment may be signed thereon, unless ordered by the court to the contrary, for the verdict may be suspended for certain causes by a motion for a new trial, or arrested. 6 Mod. 22. Salk. 649. 1 Burr. 390. But if the judgment cannot be arrested, or the party convicted cannot obtain a new trial, execution will follow; unless the party condemned thinks himself unjustly. aggrieved by any of the proceedings: and then he has his remedy to reverse the same by bringing a writ of error if the objection appears upon the face of the record; but he that brings it must find substantial bail (to prosecute the same) after verdict in all cases, and must bring it in time so as to prevent the plaintiff's taking out execution after judgment signed. Vide 3 Jac. 1. c. 8. 13 Car. 2. c. 2. 16 & 17 Car. 2. c. 8. The execution of the judgment is adapted to the nature of the action; therefore if the plaintiff recover in a real or mixed action, wherein the seisin of the land is awarded to him, the writ is an habere facias seisinam, or an habere facias possessionem. Finch, 470. Co. Lit. 34. Executions in actions where money only is recovered as a debt, or damages, at the suit of the subject, (and not any specific chattel,) are of four sorts: against the body of the defendant, called a capias ad satisfaciendum, or against his goods and chattels, called a fieri facias; or against the goods and the profits of his lands, called a levari facias; or against the goods and the possession of his lands, called an elegit: but at the suit of the king against all three, his body, lands, and goods, called an extent or extendi facias. Only one of these writs can be issued at one time. 2 Inst. 143. Co. Litt. 293. T. Raym.346. When the plaintiff's demand is satisfied, either by the voluntary payment of the defendant, or by compulsory process, or otherwise, the defendant may compel the plaintiff to enter satisfaction on the record, that the defendant may not be liable hereafter to be harrassed a second time on the same account; which is done by giving a 'warrant of attorney for that purpose, 2 Lill. Abr. 605; but the costs must be paid by the defendant. OF THE JUDGES OF THE COURT. The court is composed of the chief justice and three other justices. The present Judges are, The Right Honourable Edward, Lord Ellenborough. Sir John Bayley, Knight. Sir George Sowley Holroyd, Knight. Sir Charles Abbot, Knight. OFFICERS OF THE CROWN SIDE, ARE, The king's coroner and attorney, commonly called the clerk of the crown, or master of the crown office, who taxes costs, nominates all special juries on the crown side, takes recognizances, inquisitions upon the death of any prisoner dying in the King's Bench, &c. James Templer, Esq. The secondary, who draws up the paper books, and makes up an estreat of all fines, &c. forfeited to the crown, Henry Barlow, Esq. The clerk of the rules, who draws up all the rules of the court, and attends the court to take minutes thereof, Hon. Edw. Law, and Osborn Markham, Esq. Henry Dealtry, Dep. There are also two other officers, the examiner and calendar keeper, Robert Belt, Esq. Clerks in court, R. Belt, G. Lepipre, H. Dealtry, H. Barlow, B. Burnet, W. S. Jones, W. Belt, P. Dealtry, and C. F. Robinson, Esqrs. ON THE PLEA SIDE. THE chief clerks, secondary or master, their deputy, marshal, clerk of the rules, clerk of the papers, clerk of the day rules, clerk of the dockets, clerk of the declarations, clerk of the bails, posteas, and estreats, signer of writs, signer of the bills for Middlesex, custos brevium, clerk of the upper treasury, clerk of the outer treasury, filacer, exigenter, and clerk of the outlawries, clerk of the errors, deputy marshal, marshal and associate to the chief justice, train-bearer, clerk of the nisi prius in London and Middlesex, clerks of the nisi prius to the different counties appointed by the custos brevium, crier at nisi prius in London and Middlesex, receiver general of the seal office; criers, ushers, and tipstaffs. Master, Robert Foster, Esq. and Thomas Le Blanc, Esqrs. Chief clerks, The Hon. Ed. Law, Osborn Markham, Esq. Marshal of K. B. P. William Jones, Esq. Clerk of the rules, Charles Short, Esq. Assistant, Mr. Samuel Card. Clerks of the papers, Samuel and Joshua Platt, Esqrs. Clerk of the papers of the K. B. prison, William Hughes. Clerk of the day rules, William Hill, Esq. Clerk of the dockets, commitments and satisfactions, William Prevost. John Clarke, Dep. Clerk of the declarations, Robert Foster, Esq. Deputy, L. Maddocks. Clerk of the common bails, posteas, and estreats, Mr. Richard Smith. Signer of the writs, Messrs. Provost and Chambre. Signer of the bills for Middlesex, J. Stanley, Esq. Custodes brevium, Lord Kenyon, Hon. H. Law. Clerk of the upper treasury, Mr. Thomas White. Clerk of the outer treasury, Mr. Edge. Filacer, exigenter, and clerk of the outlawries, The Hon. Thomas Kenyon. Filacer for Essex and Monmouthshire, Mr. And. Edge. Marshal and associate to the chief justice, Honourable Edward Law. Mr. Jones, Dep. Trainbearer, Mr. Thomas Prince. Clerk of nisi prius in London and Middlesex, T. Lowten, Esq. Crier at nisi prius in London and Middlesex, Mr. Smith. Receiver general of the profits of the seals in K. B. and C. P. Duke of Grafton, Dep. Mr. Poole. Sealer, John Pimlot. Clerk to the lord chief justice, T. Platt, Esq. Crier and usher, Mr. William Green. Deputy ushers, Mr. Hewit, Mr. Harris, and Mr. Green. To the other judges, John Belcher and Mr. Stones. The clerk of the papers of the K. B. prison cannot act by deputy, but must himself reside within the prison. Stat. 27 Geo. 2. c. 17. Rex v. Bryant, 4 Term Rep. 76. Sheriffs may also be considered as officers of the court, and they ought to have deputies to receive and return writs and process, who ought to give personal attendance in Westminster-hall daily in term time. 23 Hen. 6. c. 9. R. M. 1654. s. 1. R. E. 15 Car. 2. Reg. 4. ATTORNIES OF THE COURT. AN attorney at law, answers to the procurator, or proc- Definition. tor, of the civilians and canonists; and he is one who is put in the place, stead, or turn of another, to manage his matters of law. Before the statute of Westminster, 2. (13 Ed. 1.) c. 10. Formerly all attornies were made by letters patent under the broad were made by letters patent. seal, commanding the justices to admit the person to be an attorney. These patents were enrolled in the courts in which any proceedings were. The statute gives to all persons a liberty of appearing by attorney, as if they had letters patent: otherwise they were to appear each day in court, in their proper persons; in consequence of which great numbers of attornies were admitted by the judges, whereby many unskilful ones practised, which occasioned many mischiefs; for restraining of which, the stat. 4 H. 4. c. 18. enacted, "that the judges should examine them, "and at their discretion put those who were virtuous, "and of good fame, on the roll, and those on the contrary "to strike out:" and the stat. 33 H. 6. c. 7. limits the number in Norfolk and Suffolk. These attornies are now formed into a regular body; they are admitted to the execution of their office by the superior courts of Westminster-hall, and are in all points officers of the respective courts in which they are admitted: and as they have many privileges on account of their attendance there, so they are peculiarly subject to the censure and animadversion of the judges. None to be admitted but such as have The attornies of B. R. are of record as well as the attornies of C. B. 1 Roll. 3.; and it is now the common course for the plaintiff or defendant to appear by attorney, F. N. B. 26 D. But where the party stands in contempt, the court will not admit him by attorney, but oblige him to appear in person. Ibid. 262. Outlawry is excepted by stat. 4 & 5 W. & M. c. 18. By stat. 3 Jac. 1. c. 7. " none shall be admitted attornies "in any of the king's courts of record at Westminster, "but such as have been brought in the same court, or been brought otherwise well practiced in soliciting causes and "had been found by their dealings to be skilful, and of "honest dispositions." up in solicit ing causes, &c. And by rule must have served five years. To take the oaths. If an attorney convicted of forgery, &c. practice, judge to transport. No person to commence any action or defend with out being sworn and en rolled in one of the courts. And by rule, M. 1654. sect. 1. none are to be admitted, unless he shall have served by the space of five years as a clerk to some judge, serjeant at law, practising counsel, attorney, clerk, or officer of one of the courts at Westminster, and found, on examination, of good ability, and honesty for such employments. See sect. 4. By 13 W. 3. c. 6. attornies are to take the oaths to government, under penalties and disability to practice. 12 Geo. 1. c. 29. If any who hath been convicted of forgery, perjury, subornation of perjury, or common barretry, shall practice as an attorney, or solicitor, or agent, in any suit or action brought in any court of law or equity within England, the judge hath power to transport the offender for seven years, by such ways, and under such penalties, as felons. Νο person, after 1st December, 1730, to act as an attorney, or sue out any writ, or commence, carry on, or defend any action, &c. either before or after judgment, in the name of other any in the King's Bench, Comperson mon Pleas, or Exchequer, duchy of Lancaster, or in any of the courts of great sessions of Wales, or of the counties palatine, or in any other court of record in England, where attornies have been accustomably admitted and sworn, unless such person shall take the oath appointed to be taken, and shall be admitted and enrolled before 1st Dec. 1730, in such of the said courts where he shall act as an attorney, or shall be sworn, admitted and enrolled in the said courts. 2 Geo. 2. c. 23. s. 1. A judge be- Any one or more of the judges of the said courts refore admission spectively, shall, before they admit such person to take to examine if the said oath, examine and inquire touching his fitness, he be qualified; if so, then &c. and if satisfied that he is qualified, then to adminis |