IN INFERIOR
COURTS.

[21]

Commence.

ment and con

C. D. was attached to answer A. B. of a plea of trespass on the case clusion of a upon promises, and there are pledges to prosecute, to wit, John Doe declaration in and Richard Roe, and thereupon the said A. B. by his attorney,

the Courts of complains. For that whereas, (State the cause of action as in decla

Great Ses

sions in

Wales (a).

rations in the courts at Westminster; it is not necessary to state that
the facts occurred within the jurisdiction of the court. See 1 Saunders'
Reports, 74. Conclude as follows :) Wherefore the said A. B. saith that
he is injured, and hath sustained damage to the amount of L
therefore he brings his suit, &c.

and

Do. in the
Common

caster (a).

In the Common Pleas at Lancaster.

Lancashire, (to wit.) C. D. was attached to answer A. B. of a plea Pleas at Lan- of trespass on the case upon promises, and thereupon the said A. B. by his attorney, complains. For that whereas, &c. &c. (State the cause of action as in declarations in the courts at Westminster; it is not necessary to state that the facts occurred within the jurisdiction of the court. See 1 Saunders' Reports, 74. Conclude as follows: Wherefore the said A. B. saith that he is injured, and hath sustained damage to the amount of L. ; and therefore he brings his suit, &c.

Do. in the
Common

ham (a).

In the Court of Pleas held at Durham, the

year of the Reign of King George III.

(to wit.) C. D. was attached to answer A. B. of a plea of tresPleas at Dur. pass on the case upon promises, to the damage of the said A. B. of L. and thereupon, the said A. B. by- his attorney, complains. For that whereas, &c. (State the cause of action as in declarations in the courte at* Westminster. It is not necessary to state that the facts occurred with the jurisdiction of the court. See 1 Saund. Reports 74. Conclude as follows:) Wherefore the said A. B. saith that he is injured, and hath sustained damage to the amount of L.-— ; and therefore he bring his suit, &c.

[22]

(a) The form, it will be observed, resembles that in the Common Pleas, and varies according to the form of action as in that court, how to declare,

in the courts of Great Sessions in Wales, in debt on a concessit solveæ. See 1 Saunders' Reports, 68, note 2.

OF DECLARATIONS.

Before the Mayor and Aldermen in the Chamber

of the Guildhall in the city of London.

Mayor's A. B. by, his attorney, complains against C. D. of a plea of In the court in Lontrespass on the case upon promises. For that whereas, &c. (State the cause of action as in the superior courts, and it seems that the facts don, in asshould be stated to have accrued within the jurisdiction. See 6 Term sumpsit. Reports, 7.64. Conclude as follows:) To the damage of the said A. B. of L. and therefore he brings his suit, &c.

(Title of the Court as above.) A. B. by his attorney, complains against C. D. and E F. his Do..against Feme, Feme wife, which said E. F. doth sole merchandize without her said husband Baron and in the art or trade of a, within the city of London, in a plea of tres- being sole pass on the case upon promises. For that whereas the said E. F. so trader, &c. (4). being such sole trader as aforesaid on, &c. in London, &c. then and still being the wife of the said C. D. and then and still trading and merchandizing within the said city in the art or trade aforesaid, alone and without her said husband, according to the custom of the said city, as such sole trader as aforesaid, was then and there indebted, &c.,

In the Palace Court.

Palace Court, (to wit.) A. B. by his attorney, complains Do, in the against C. D. of a plea of trespass, on the case upon promises, (or as Palace, Court.

[a] As to the custom, see 2 Bos. & Pul. 93.

VOL. II.

IN INFERIOR the plea is.) For that whereas, &c. (alleging every material fact to COURTS. have happened within the jurisdiction of the court, and conclude as fol-.

lows:) To the damage of the said A. B. of L., and therefore he brings his suit, &c. " and the said A. B. avers that he is not, nor is the said C. D. nor were they, nor was either of them, at the time of levying the plaint of him the said A. B. here in court of the king's household." Pledges, &c.

At the suit of
the Queen
Consort in
K. B.

Markham and Le Blanc

THE QUEEN

Trinity Term, 51 Geo. 3. (to wit.) Her most sacred Majesty, Charlotte, Queen of the United Kingdom of Great Britain and Ireland, consort of our sovereign

(a) 1 Saund. 73, 4. n. 2. 1.- -Term Rep. 151.-See the precedent in Replevin, post.

lord the now king, complains of C. D. being, &c. For that whereas, PARTICULAR &c. (denominating the plaintiff throughout "her said Majesty.")

Markham and Le Blanc.

PERSONS.

No pledges (a).

Trinity Term, 51 Geo. 3.

queen.

(to wit.) A. B. complains of her most sacred Majesty Char- Form of a Bill lotte, Queen of the United Kingdom of Great Britain and Ireland, &c against the consort of our sovereign lord, the now king, of a plea of trespass on the case upon promises. For that whereas her said Majesty, &c. (denomi nate the defendant "her said Majesty" throughout, and instead of the common breach insert the following :) Yet her said Majesty (although often requested so to do) hath not as yet paid the said several sums of money, or any part thereof, to the said A. B. but so to do hath hitherto wholly refused, and still doth refuse, to the damage of the said A. B. of, L., and therefore he prays relief, &c.

Pledges, &c.

11. PEERS AND MEMBERS OF PARLIAMENT.

By Original.

(to wit.) If A. B. make you secure, &c. then summon, by Beginning of good summoners, G. D." duke," or, " earl," of late of, &c. in the a præcipe in assumpsit county of →→→, (having privilege of peerage,) that he be before us on against a peer wheresoever we shall then be in England, to shew. For that (5). whereas, &c, (describing the defendant throughout as "duke" or, "earl," &c. and concluding as infra.) If it be against a marquis, earl, &c. set forth his title fully at the beginning of the præcipe, and afterwards call him the said "marquis," or, " earl," &c.

[26].

"" (to wit.) Command the Right Hon. Lord, &c. (having privi- Do. in debt (c). lege of peerage,) that, justly and without delay, he render unto A. B. the sum of t.. -, of lawful, &c. which he owes to and detains from

him, as he saith; and unless, &c. (as usual)

George the Third, by the grace of God, of the United Kingdom of Summons Great Britain and Ireland, King, Defender of the Faith, &c. to the thereon (d)." sheriff of Middlesex, greeting. Command the Right Hon. C. D. Lord, &c. (setting out the defendant's title,) (having privilege of peerage,)

(a) See Comyn's Dig: title Action. attended to in framing the præcipe, vide

-Fitz. N, B. 101.

(b) As to other points to be attended to in forming the præcipe, vide ante, 7, 8, 9, 10.

(c) As to the other points to be at

ante, 7, 8, 9, 10.

(d) There is no testatum summons, and this will suffice. 4 East. 161, But see Imp. Prac. K. B. 7 Edit. 581.

PERSONS.

PARTICULAR that justly, and without delay, he render to A. B. L., of good and lawful money of Great Britain, which he owes to and detains from him, as he saith; and unless he shall so do, and if the said A. B. shall give you security to prosecute his suit, then summon by good summoners the said earl, &c. that he be before us on, &c. wheresoever, &c. to shew why he will not do it, and have you there the summoners and this writ. Witness, &c.

CONCLUSION

-, (to wit.) ́If A. B. make you secure, &c. then summon, by good summoners, the Right Rev. Father in God, C. D. Lord. Bishop of that he be before us on, wheresoever, &c. to shew, &c. For that whereas the said Bishop, &c.

(to wit.) If A. B. make you secure, &c. then put by gages and safe pledges, C D. late of &c. (having privilege of Parliament,) that he be before us, &c.

*Yet the said duke, (or, "earl," &c. or, "the said C. D.") hath not as of a præcipe in yet paid the said several sums of money, or any or either of them, or case against a peer or mem. any part thereof, to the said A. B. although often requested so to dó; ber (ƒ). but so to do hath, hitherto wholly refused, and still doth refuse, to the [27] damage of the said A. B. of L.- as it is said, &c,

(N. B. The form of declaring against a peer, or M. P. by original, is as in the Common Pleas, except that a peer is always stated to have been summoned to answer.)

BY BILL

BEGINNING of a bill

Markham and Le Blanc in K. B.

Trinity Term, 51 Geo. 3.

(to wit.) A. B. complains of the Right Hon. C. D. marquis, &c. or, earl of, &c. having privilege of peerage, (or, if against an M. P. against a peer or M. P. in say " of parliament,”) of a plea of trespass on the case upon promises, (or as the plea is.) For that whereas, &c. As to proceeding by bill against a peer, see 3 B. & P. 7.

К. В.

Do. against two, one an

M. P. and an

other not privileged.

(to wit.) A. B. complains of C. D. and E. F. the said C. D. having privilege of parliament, and the said E. E. being in the custody, &c. of a plea of trespass on the case, &c. For that whereas, &c.

(e) As to the other points to be at tended to in forming the præcipe, vide ante, 7, 8, 9, 10.

(ƒ) The declaration should omit the

usual words imputing fraud and deceit to the defendant, See Imp. K. B. 7 edit. 579.