faid A. B. being folemnly required came not, nor did be further profecute his faid Bill againft the faid C. D. Therefore, &c. In the Common Pleas, fecute his faid Writ. Nor did further pro The Entry, where a Juror is with. Were chofen, tried and fworn, to declare the Truth of the within Contents, whereupon for certain Caufes moving_as well the faid Juftices as the Parties, E. F. one of the Jurors of the within-mentioned Jury was withdrawn from the Pannel; and the Refidue of the Jurors of that fury are intirely difcharged from giving any Verdict of and concerning the within-mentioned Premiffes, &c. By these are seen, in general the Forms of the Poftea's, either for Plaintiff or Defendant, They are drawn up in fuch general Words, as the Iues to which they relate are worded, and may be with or without the Defendant's Default. They are afterwards continued on the Iflue Roll, for they are the Inftructions for entering up the Judgment thereon, which afterwards obtain the Name of the Judgment Roll, as fee poft. by which we fhall fee the Reafon of the formal Beginning of the Poftea. Though by the late Act there are now scarce any Want of common Jurors, yet it may be proper to add a Poftea with a Tales, to fee the Form thereof, as it may be wanted in Special Juries. Я a Poftea, with a Tales in Towit. Afterwards, that is to fay, on the Day and at the Place within mentioned, before William Lord Mansfield, the Chief Justice within written, there being associated unto him T. O. Gentleman, according to the Form of the Statute in that Cafe made and provided, came the within-named A. B. by bis Attorney within contained, and the within-named C. D. although folemnly required, came not, but made Default. Therefore let the fury, whereof Mention is within made, be accepted of against him through bis Default; and the Jurors of that Jury being fummoned, fome of them, that is to fay, E. F. G. H. I. K. (naming fuch of them as appear, and are fworn of the Pannel) and because the Refidue of the Jurors of the fame Jury do not appear, therefore other Perfons of those standing by the Court, by the Sheriff of the County aforefaid, at the Request of the faid A. and by the Command of the faid Chief Justice, are now newly set down, whofe Names are affiled in the within-written Pannel, according to the Form of the Statute in that Cafe made and provided; which faid Jurors so newly fet down, that is to say, L. M. N. O. P. Q. &c. (naming the Talef men) being required, came; who, together with the faid other Jurors before impannelled and fworn to declare the Truth of the withinContents, being elected, tried and sworn upon their Oaths declare, that the faid C. D. did not undertake in such Manner, &c. as before. Though Though it is faid that the late A&t has rendered the Tales de Circumftantibus almost useless, it is spoken with refpect to common Juries; but where there is a special Jury, it does not always happen that 12 out of the 24 do appear; in which Cafe it is common to take fome from out of the common Jury to add to the Pannel of the fpecial Jnry to make up the Number; and in fuch a Cafe these common Jurymen are confidered as Tales-men, viz. A Poftea at the Allizes, with a Tales. Afterwards, (that is to fay) on the Day, in the Year, and at the Place within mentioned, come as well the within named J. B. Efq; as the within-named W. R. by their Attornies within-named, before Sir Michael Fofter, Knight, one of the Justices of our Lord the King affigned to hold Pleas before the King himself, and Sir Sidney Stafford Smythe, Knight, one of the Barons of our faid Lord the King of his -Court of Exchequer, bis Majesty's Fuftices af figned to hold the Affizes for the within-written County of B. according to the Form of the Statute, &c. And certain of the Furors of the Jury, whereof Mention is within made, fummoned to be upon that Fury (that is to fay) Sir T. H. Knight, J. E. H. H. J. T. and W. B. Efquire, come and on that Jury are fworn; and because the Reft of the Jurors of that Jury do not appear, therefore seven other Perfons of the By-ftanders, being by the Sheriff within written bereunto elected at the Requeft of the faid J. and by the Command of the N faid L faid Sir Michael Foster, are now newly set down, whofe names are affiled in the within-written Pannel, according to the Form of the Statute, &c. and which faid Jurors, fo newly fet down, (that is to Jay) C. G. R. B. F. P. J. W. T. P. J. W. and J. L. Gentlemen, being required, come likewife, and together with the Jaid other Furors before impannelled, being tried and fworn to speak the Truth of the Matters within contained, upon their Oaths Jay that the faid W. does owe to the faid J. the fum of 500 1. Specified in the first Count of the within Declaration, being Parcel of the within-mentioned Sum of 1000 l. in Manner and Form as the faid J. bath within thereof complained against the faid W. And they affefs the Damages of the faid J. by Reafon thereof, befides bis Cofts and Charges by him about his Suit in this Behalf laid out and expended, to one Shilling, and for his faid Cofts and Charges to forty Shillings. And the Jurors aforefaid upon their faid Oaths further fay, that as to the Refidue of the faid fum of 1000l. the faid W. does not owe the fame, or any Part thereof, to the faid J. as the faid W. bath in pleading within alledged. N. B. This Action was for Bribery at the Election of a Member for Abingdon in Com. Berks. The Judgment. Therefore it is confidered that the faid J. B. do recover against the faid W. R. his faid Debt and Damages by the faid Jury in Form aforefaid affeffed, and alfo 1. for his faid Cofts and and Charges by the Court of our faid Lord the King, now here, adjudged of Increase to the faid J. by his Affent, which Damages in the whole amount to fix hundred, &c. Pounds; and the faid William in Mercy, &c The Poftea being ingroffed on the Back of the Record, the Party intitled to it, on the Day in Bank, (or afterwards) gives a Rule on the Poftea in the King's Bench, called a Rule for Judgment; which Rule is out in four Days, exclufive after the giving it. But till this Rule is expired, final Judgment cannot be figned." Thefe four Days are allowed for the other Party to move in Arreft of the Judgment, or for a new Trial; or he may bring a Writ of Error. And though no fuch Rule is given in the Common Pleas, yet the fame Time is allowed there for the fame Purpofes; and if nothing is done to avoid the Judgment, then the Party, having got the Poftea ftamped with a double Halfcrown Stamp, carries the fame to the proper Officer, that is, the Mafter, or Secondary of the King's Bench Office, or the Prothonotary in the Common Pleas, to tax his Cofts thereon. This is called figning the final Judgment, and the Cofts are called Cofts de incremento, or increafed Cofts. Of Cofts. It has been obferved, that there was no fuch Thing as Cofts at Common Law, but that, if the Plaintiff did not prevail, he was amerced for his falfe Claim; and if he did prevail, the Defendant was in Mifericordia, for his unjust N 2 Detention |