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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

166

ib.

167

The lar for Planintiff in a fiestment part,

171

ib.

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

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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.

ib. 189

ibe

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.

192

ib.

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

241

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he Courts, from

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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

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