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A Special Verdiet, what - Page 165 A Nonsuit, what
ib. no Bar to a new Action
ib. The Difference between a Nonsuit and a Re
traxit A Retraxit must be in Person
The lar for Planintiff in a fiestment part,
Df the Poftea. A Poftea, why called so. The Form of a Poftea at the Aflizes, in the King's Bench, 30.
167, 168 Notes thereon
ib. The Form of the Poftea in Town for the Plaintiff on Default in the King's Bench 169
at the Alizes for the Plaintiff on Non Afumpfit in the Common Pleas
ib. in Town in the Common Pleas by Default
170 The same where the Defendant appears ib.
for Plaintiff on Nil debet
for Plaintiff in Trespass - for Plaintiff in Ejeflment
in Ejectment, Guilty as to Part, Not guilty as to the Residue For the Plaintiff on Plene Administravit in the King's Bench
172 How it differs in the Common Pleas i b. For the Defendant on Not guilty in Trespass ib. One Defendant guilty in Trespass, the others not
173 That Testator Non afumpfit
ib. Part for Plaintiff, and Part for Defendant on
Allumpfit For Defendant in Trespass on the Statute of Limitations
174 The Entry when Plaintiff is non-pros'd . ib.
The Entry in the Common Pleas Page 195
- where a Juror is withdrawn ib.
This Statute the Original of Costs de incremento
and a Rule made upon Non-payment ib.
The Form of the Entry
The Form of the Entry
Page 186 The old Form before Costs were given 188 Why the Judgments were to be distinguished
by Mi'a, or Capiatur in the Margin i b. The Omission thereof, or putting one for the
other, was Matter of Error Capiatur Fines taken away Os rather rendered certain by 4&5 W. & M.
The Judgment the Voice of the Law ib. In what Manner Continuances by Vicecomes non misit Breve, &c. may be supplied 190
De an Erecution. An Execution said to be Fruetus et Finis Legis
is a judicial Writ grounded on the Judgment
· 193 Of the Ca' Sa'
ib. Of the Fi' Fa'
194 Of the Elegit
Α Ρ Ρ Ε Ν D Ι Χ.
An Iflue in Case, with Special Pleadings, folia 144. grounded on trivial Circumstances, &c.
197 Reflections on the Length thereof, with some
Arguments for the Reasonableness of supplying special Pleadings by some more cafy and cheap Method
· 230 An Issue in Replevin, with special Pleadings
he Courts, from
to far at le
S the following Sheets are designed to exhibit the several Forms of Proceedings, used in an Action at Law in the Courts of King's Bench and
Common Pleas, from the original Process down to the Execution ;. so far at least as may suffice to explain and illustrate the formal Parts of such Proceedings, and to point out the Grounds and Reasons for the Use thereof; it will be proper to say something, by Way of Introduction, concerning the Original of these two Courts...
The Court of King's Bench is that out of which all the other Courts of Law were originally formed. It appears from the most ancient and authentic Historians, that in the Times of the Saxons and Danes our Kings did hold a Court of Justice, wherein they used to sit in Person, and to judge not only according to Law, but also to Equity; and that as Petitions and Appeals became burthensome to the Prince, he was under a Neceflity of substituting some Person to administer Justice to his Subjects. The Person so substituted was invested with proper judicial Authority as the King's Chief Justice; and as there was originally