To be ingrossed on a 10s. stamp.

Postea for the plaintiff on non assump

sit where the

defendant appears and de

fends.

The like with

a tales, where both parties appear by their attornies,

The postea is ingrossed on the back of the record, stamped with a 10s. stamp, and taken to the clerk of the common bails, who marks thereon, " delivered of record;" pay him 6d. then go with it to the master's office, who will tax the costs, and sign the judgment, pay him in debt and case 4s. if in trespass 6s. 8d. more for the king's fine.

Afterwards (that is to say) on the day and at the place within contained, before the right honourable Edward Lord Ellenborough, the chief justice within mentioned, the honorable Ewan Law, esq. being associated unto the said chief justice, according to the form of the statute in that case made and provided, come as well the within named A. B. as the within named C. D. by their respective attornies within mentioned; and the jurors of the jury whereof mention is within made, being summoned also come, who to speak the truth of the matters within contained, being chosen, tried, and sworn, say upon their oath, that the said C. D. did undertake, and promise, in manner and form as the said A. B. hath within complained against him; and they assess the damages of the said A. B. on occasion of the not performing the promises and undertakings within mentioned, over and above his costs and charges by him about his suit in this behalf expended to 201. and for those costs and charges to 40s. therefore, &c.

Afterwards (that is to say) on the day and at the place within contained, before the right honorable Edward Lord Ellenborough, the chief justice within mentioned, the honorable Ewan Law, esq. being associated unto the said chief justice, according to the form of the statute in such case made and provided, come as well the within named A. B. as the within named C. D. by their respective attornies within mentioned: and the jurors of the jury whereof mention is within made being summoned, some of them (that is to say) E. H. &c. (here name such of the jurors as appeared at the trial,) come, and are sworn upon that jury, and because the residue of the jurors of the same jury do not appear, therefore others of the bystanders, being chosen by the sheriff of the county aforesaid, at the request of the said A. B. (or C. D. and by the command of the said chief justice, if in London or Middlesex; if at the assizes, by command of the said "justices") are appointed anew, whose names are annexed to the within written panel, according to the form of the statute in that case made and provided; which said jurors

66

so appointed anew, (that is to say) G. H. &c. (a) (naming the talesmen) being called, likewise come, who together with the said other jurors before impanelled, and sworn, being chosen, tried, and sworn, to speak the truth of the matters whithin contained, say upon their oath, that the said C. D. did undertake and promise, &c. (as in the last precedent to Therefore, &c.)

If the cause be tried at the assizes, the clerk of assize If tried at the indorses the postea on the back of the record, and delivers assizes, it after four days in the next term to the successful attorney, who gives a receipt in the book for the same; unless either of the parties move for a new trial.

tum.

Afterwards, &c. (as before to the word sworn,) say Postea for the upon their oath, that the within mentioned writing plaintiff, on obligatory is the deed of the said C. D. as the said A. B. non est fachath within in that behalf alledged; and they assess the damages of the said A. B. on occasion of the detaining of the within debt, over and above his costs and charges by him about his suit in this behalf expended, to one shilling, and for those costs and charges to 40s. Therefore, &c.

Afterwards, &c. (as before) say upon their oath, that The like on a the said C. D. doth owe to the said A. B. the within plea of nil debet. mentioned sum of 1001. in manner and form as the said A. B. hath within in that behalf alledged ; and they assess the damages of the said A. B. on occasion of the detaining the within debt, over and above his costs and charges by him about his suit in this behalf expended to one shilling, and for those costs and charges to 40s. Therefore, &c.

Afterwards, &c. (as before) say upon their oath, that The like on a the said C. D. is guilty of the several trespasses within plea of not laid to his charge, in manner and form as the said A. B. guilty in treshath within complained against him; and they assess the pass. damages of the said A. B. on occasion thereof, over and above his costs and charges by him about his suit in this behalf expended to 201. and for those costs and charges to 40s. Therefore, &c.

Afterwards, &c. (as before) say, upon their oath, that The like on a plea of not guilty in

(a) The names of the jurors who appear, are marked by the associate, and he also puts on the back of the panel, the talesmen, which you insert in the postea as there

stated.

case.

462

The like where

one defendant is found guilty, and another acquit

ted.

For an executor on a

plea of plene administravit.

The like for

an executor

on non as

sumpsit by the testator. Postea for plaintiff on a plea of non assumpsit infra sex annos.

The like against an executor on a plea of non assumpsit by the testator.

The like on a

plea of plene

the said C. D. is guilty of the premises within laid to hi charge, in manner and form as the said A. B. bath within complained against him; and they assess the damages (as in the last precedent.)

Afterwards, &c. (as before) say upon their oath, that the said C. D. is guilty of the several trespasses within laid to his charge, in manner and form as the said A. B. hath within complained against him; and they assess the damages of the said A. B. against the said Č. D. on occasion thereof, over and above his costs and charges by him about his suit in this behalf expended to for those costs and charges to 40s. And the jurors aforesaid upon their oath aforesaid further say, that the said E. F. is not guilty of the several trespasses within laid to his charge, in manner and form as the said A. B. hath within complained against him. Therefore, &c.

1. and

Afterwards, &c. (as before) say upon their oath, that the said C. D. on the day of exhibiting the within bill of the said A. B. (or if by original, of suing out the original writ of the said A. B. in this behalf,) had not any goods or chattels which were of the within named E. F. at the time of his death in the hands of him the said C. D. as executor of the last will and testament of the said E. F. to be administered, as the said C. D. hath within in pleading alledged Therefore, &c.

un

Afterwards, &c. (as before) say upon their oath, that the within-named E. F. in his life-time, did not dertake, or promise in manner and form as the said A. B. hath within in that behalf alledged: Therefore, &c.

Afterwards, &c. (as before) say upon their oath, that the said C. D. did within six years next before the day of exhibiting the bill (or if by original, of suing out the origi nal writ) of the said A. B. against the said C. D. in this cause, undertake and promise in manner and form as the said A. B. hath within complained against him, and they assess the damages of the said A. B. &c. as before.

Afterwards, &c. (as before) say upon their oath, that the within named E. F. in his life-time, did undertake and promise, in manner and form as the said A. B. hath within in that behalf alledged; and they assess the damages, &c. as before.

Afterwards, &c. say upon their oath, that the said C. administravit, D. on the day of exhibiting the within bill of the said A. B. (or by original of suing out the original writ of the said

A. B. in this behalf) had divers goods and chattels, which were of the within-named E. F. at the time of his death, in the hands of him the said C. D. as executor of the last will and testament of the said E. F. be administered, to the value of 1. as the said A. B. hath within in that

behalf alleged; and they assess the damages, &c. as before.

Afterwards, &c. (as before) say, upon their oath, that For plaintiff the said C. is guilty of the trespass and ejectment within in ejectment. mentioned, in manner and form as the said B. had within complained against him; and they assess the damages of the said B. by occasion thereof, over and above his expences and costs, laid out by him in his suit in this behalf, to ls. and for those costs and charges to 40s. Therefore, &c.

day of

solvit ad diem.

Afterwards, &c. say, upon their oath, that the within For plaintiff written C. D. in his lifetime did not pay to the said A. on an issue of B. the within mentioned sum of 1001. or any part thereof on the in the condition of the within writing obligatory mentioned, according to the form and effect of the said condition, in manner and form as the said C. D. hath within in that behalf alleged, and they assess the damages of the said A. &c.

non assump

Afterwards, &c. (as before) say, that the said C. D. did Postea for undertake and promise, in manner and form as the said plaintiffs on A. B. hath within complained against him; and they as- sit by one of sess the damages of the said A. B. on occasion of the not several defenperforming the within mentioned promises and undertak- dants, where ing as well against the said C. D. as against the within- another lets named E. F. over and above the costs and charges of the judgment go said A. B. by him about his suit in this behalf expended to 201. and for those costs and charges to 40s. Therefore, &c.

by default.

Afterwards, &c. (as before) say upon their oath, as to For plaintiff the first issue joined between the said John and the said in assault on James, that the said James is guilty of the premises and plea of not guilty, within charged upon him, as the said John hath within son assault alleged; and as to the other issue joined between the said demesne. John and the said James, the said jurors upon their oath further say, that the said James of his own wrong, and without any such cause as the said John within in pleading hath alleged, made an assault upon the said John, and then and there did beat, bruise, wound, and ill-treat the said John in manner and form as the said John hath within in his said replication in that behalf alleged, and they assess the damages of the said John by reason thereof, besides his costs and charges by him laid out about his suit

in this behalf to 51. and for those costs and charges to 40s.: Therefore, &c.

For defendant on a verdict

of non assumpsit.

The like where one

FORMS OF POSTEAS FOR DEFENDANT.

AFTERWARDS, &c. (to the word sworn) say upon their oath, that the said C. D. did not undertake or promise, in manner and form as the said A. B. hath within complained against him: Therefore, &c. (in this case you follow the second precedent of the postea, where both attornies appear, to the word sworn.)

Afterwards, &c. say upon their oath, that the said defendant had C. D. did not undertake or promise in manner and form let judgment as the said A. B. hath within complained against him; go by default, and hereupon the said jurors are discharged from inand the other quiring against the within-named E. F. what damages pleaded. the said A. B. hath sustained by reason of the premises within-mentioned. Therefore, &c.

The like on a plea of set-off

On a nonsuit where evidence given.

If no evidence given.

Afterwards, &c. say upon their oath, that the said A. B. was and is indebted to the said C. D. in manner and form as the said C. D. hath within in pleading alleged. Therefore, &c.

And the jurors of that jury being summoned, came, who, to say the truth of the within contents, were chosen, tried, and sworn; and after evidence being given to them thereupon, they went from the bar of this court, to consider of their verdict to be given of and upon the premises; and after the said jury had considered thereof and agreed among themselves, they returned to the said bar to give their verdict in this behalf, upon which the said A. B. (the plaintiff) being solemnly called comes not; nor did he further prosecute his said bill (or writ) against the said C. D. Therefore, &c.

In case no evidence be given, the plaintiff does not appear by his counsel; the words in italics are to be left out.

The writ of execution, what.

EXECUTION.

An execution is a judicial writ, grounded on the judgment of the court from whence it issues, and is supposed to be granted by the court, at the request of the party at whose suit it is, to give him satisfaction on the judgment which he hath obtained: and therefore an exe