gaol or prison called in and for the same county, and to be there imprisoned, and kept and detained in prison there, without any reasonable or probable cause whatsoever, for a long space of time, to wit, for the space of five days then next following; I do therefore, according to the form of the statute, in such case made and provided, hereby give you notice, that I shall at or soon after the expiration of one calendar month, from the time of your being served with this notice, cause a bill of Middlesex to be sued out of his majesty's court A writ of laof King's Bench at Westminster, against you, at my suit, for the said imprisonment, and shall proceed against you thereupon according to law. day of 1817. To A. B. esq. one of his majesty's justices of the peace in and for the county of Middlesex. Dated this D. M. of, &c. Indorse on the back of the notice the christian as well as the surname of the plaintiff's attorney, and place of abode; and say, attorney for the within-named D. M. day of titat. You having on or about the Notice to the last, as one of his majesty's justices of the peace in and justice by the for the county of Middlesex, caused D. M. of attorney to mercer, to be apprehended, (as in the other) I do there- sue. a bill of Middlesex (a) to be sued out of his majesty's () A writ of I do hereby, as the attorney of and for D. M. of mercer, according to the form of the statute, in such case made and provided, demand of you, the perusal and copy of the warrant, by virtue or under colour whereof, you did on or about the last, apprehend the said D. M. and him in custody to aud before A. B. day of Demand of a constable of and copy of a the perusal warrant. The like of a gaoler. As to the no tice. jesty's justices of the peace, in and for the county of Middlesex. Dated, &c. Yours, &c. E. T. attorney for the said D M. No. 5, Inner Temple Lane, London. To Mr. C. D. Constable of I do hereby as the attorney of and for D. M. of mercer, according to the form of the statute in such case made and provided, demand of you, the perusal and copy of the warrant of commitment and detainer, under which you received into your custody the said D. M. on or about the day of last, and kept and detained him in custody for the space of ten days, then next following. Dated, &c. E. F. attorney for the said D. M. No. 5, Inner Temple Lane, London. To Mr. C. D. Gaoler of, &c. With respect to the notice to the justice, two things tice of the jus- are requisite to state, one that the plaintiff shall give notice in writing of the writ or process that he intends to sue out; the other, that such notice shall contain the cause of action. Grose, J. Lovelace v. Curry, 7 Term Rep. 634. Also the place of abode of the attorney must be particularly stated. The statute was made to introduce a strictness of form in favour of justices, and it must be observed literally. Lawrence, J. Ibid, 635. As to the notice. A constable executing the warrant, and sued without magistrate. If a first writ be issued before plaintiff can shew the second, he must have the Notice of the action on the case for false imprisonment and assault was held by Yates, J. not sufficient, to support an action of trespass, and false imprisonment. 7 Term Rep. 631. (n) Strickland v. Ward. A constable executing a warrant of a justice of peace, and sued in trespass without the magistrate, is within the protection of 24 Geo. 2. c. 44. s. 6. and entitled to a verdict on proof of such warrant; having first complied with the plaintiff's demand of a perusal and copy of the warrant before the action brought; though not within six days after such demand, as the act directs. Jones v. Vaughan and Hall, 5 East, 445. He acts at his peril till he does comply, and subjects himself in the interval, to be sued as any common person. Le Blanc, J. The plaintiff must shew at nisi prius that he proceeded upon a writ sued out within six months after notice of the action, although there be a continuing cause of action; and therefore the plaintiff must shew a return and continuance of the first writ, if the second be out of the first returned. time fixed by the notice. Weston v. Fournier and another, 14 East, 491. One magistrate committing the mother of a bastard One magischild to custody, for not filiating the child, is yet entitled trate acting to the previous notice of action required by the 24 Geo. where two were required, 3. c. 44. though the jurisdiction over the subject matter must have nois given to two magistrates by 18 El. c. 3. Weller v. Toke, tice. 9 East, 364. NOTICES OF MOTION. In many cases I have observed that no notice is necessary where there is to be a rule to shew cause in strictness; yet in some cases, in order to stay proceedings, it may be necessary; therefore I shall give precedents of different notices. day of You having been served with a copy of a latitat at the Notice not to suit of the above-named plaintiffs W. C. and R. W. on appear to a the last, to appear the 23d day there is miswrit, where of January next, by your attorney, in his Majesty's take in it. court of King's Bench, and the said writ not being returnable; I do hereby give you notice not to appear thereto, there being a mistake in the said writ. this day of 1817. Dated Take notice, that this honourable court will be moved To set aside to-morrow, or so soon after as counsel can be heard, that an interlocu the interlocutory judgment signed in this cause may be tory judg set aside for irregularity, with costs to be taxed by the master, and in the mean time all proceedings be staid, &c. ment. Take notice, that this honourable court, &c. that the To set aside interlocutory judgment signed in this cause, and the writ judgment and of inquiry executed thereon, may be set aside for irregu- inquiry. larity, with costs to be taxed by the master, and in the mean time all proceedings be staid, &c. that the mo Take notice, that this honourable court, &c. that the To set aside judgment signed in this cause, and the execution issued the judgment and executed thereon, may be set aside for irregularity, and execution with costs to be taxed by the master, and that the sum of executed, and 501. levied and paid into the hands of the sheriff of Midney paid, &c. dlesex, may be restored to the above-named defendant, be restored. and that the said sheriff may retain the same in his hands until the further order of this court, and in the mean time all further proceedings be staid. Take notice, that this honourable court, &c. for a rule To file com to shew cause why the defendant should not be permitted mon bail. To set aside all proceedings for irregularity. To shew cause why it should to file common bail in this cause, and in the mean time all proceedings be staid. Take notice, that this honourable court, &c. to shew cause, why all the proceedings in this cause should not be set aside for irregularity with costs, and in the mean time all further proceedings be staid. Take notice, that this honourable court, &c. for a rule not be refer to shew cause why it should not be referred to the master red to the mas- to compute the principal and interest due upon the bond ter to compute in question, and why, upon payment thereof, together principal and with the costs to be taxed by him, the said bond should not be delivered up to the defendant to be cancelled. interest upon bond. To shew cause why judgment should not be Take notice that this honourable court, &c. for a rule to shew cause why the judgment signed in this cause should not be set aside, for irregularity with costs, and set aside; and why the plaintiff should not answer the matters of the plaintiff an affidavit, and that in the mean time all proceedings be swer the mat- staid. ters of the affidavit. To shew cause why the bailbond and the That this honourable court, &c. why the bail-bond assigned in this cause, and the proceedings thereon, should not be set aside with costs for irregularity to be taxed by the master, and in the mean time all proceedthereon should ings be staid. not be set proceedings aside. Take notice that this honourable court, &c. why the Why the writ writ of latitat issued in this cause should not be quashed, should not be and why the plaintiff should not pay the costs of this quashed, and application, and that the plaintiff may answer the several matters mentioned in the affidavit. answer the matters. To the sheriff ney. Take notice, that this honourable court, &c. why the to retain mo- judgment in this cause, and the execution executed thereon, should not be set aside for irregularity; and why the money paid into your hands should not be restored to the defendant, and that in the mean time you retain the same until the further order of this court. In case the motion is for a rule to shew cause, it is not absolutely necessary to give notice before hand; it is frequently given, in order that the rule nisi may operate as a stay of proceedings. erroneous THE principal method of redress for erroneous judg- A redress for ments in the king's court of record, is by writ of error to some superior court of appeal; and lies for some mat- judgments is by writ of ter of law arising upon the face of the proceedings; so error. that no evidence is required to substantiate or support it; and there is no method of reversing an error in the determination of facts, but by an attaint, or a new trial, to correct the mistakes of the former verdict. trivial mis takes. It appears that after verdicts and judgments upon the Formerly merits, they were frequently reversed for slips of the pen brought for or mis-spellings; and justice was perpetually entangled in a net of mere technical jargon. The legislature hath therefore been forced to interpose, by no less than twelve statutes, to remedy these absurd niceties; and its endeavours have been of late so well seconded by judges of a more liberal cast, that this unseemly degree of strictness is almost entirely eradicated. It is an original writ, issuing out of Chancery, and lies An original where a party is aggrieved by any error in the founda- writ. tion, proceeding, judgment, or execution of a suit, in a court of record; and is in nature of a commission to the judges of the same or a superior court, by which they are authorized to examine the record, upon which judgment was given, and on such examination to affirm or reverse the same according to law. 2 Bac. Abr. 187. 2 Ld. Ray. 1403. 1 Str. 607. A writ of error may operate as a stay of proceedings, though sued out before interlocutory judgment. Emanuel v. Martin, 2 Maule and Selw. 334. See 5 East, 145. in this court. A writ of error lies from the inferior courts (of a judg- Error lies ment given in a county palatine. Dy. 321. 4 Inst. 214. from inferior 218. And by 34 & 35 H. 8. c. 26. s. 113. and 1 W. & M. courts, &c. c. 27. errors in judgment, in pleas real, mixed and personal before the justices in their great sessions in Wales, shall be redressed by writ of error in the King's Bench in England, and from the court of Exchequer in Scotland, returnable in parliament, 6 Ann. c. 26. s. 12. of a judgment at the sessions of Old Bailey, by commission, 2 Leon. 107. or of a judgment upon the plea roll in Chancery, Dy. 315.) into this court, and not into the Common Pleas. So it lies in this court, of a judgment in the Common Pleas. 1 Roll. 744. 4 Inst. 22. By stat. 27 El. c. 8. On |