« ForrigeFortsett »
obligation to be void, otherwise to remain in full (Bail bond.) force and effect.
It is advisable, in some cases, for each of the proposed bail to make a separate affidavit.
The affidavit of justification should, if possible, be in the above form; for if the plaintiff excepts to the bail, he will, upon allowance thereof, have to pay the costs of justification; but not if the common affidavit of justification be made. (See Rule 3, T. T. 1831.)
In the Q. B. (C. P. or Exch.) Between, &c.
I do hereby confess this action, and that the plaintiff hath sustained damages to the amount of L. (the damages laid in the declaration ; but if before declaration, put the real debt,) besides his costs and charges, to be taxed by the master, (or in the C. P., say, " by one of the prothonotaries ;" or if the amount be agreed upon, say, “to the amount of L. .") And in case I shall make default in
Cognovits and warrants of attorney, given after 1st October 1838, will be invalid, unless executed in the presence of an attorney attending on behalf, and at the request of the person executing the same, to inform him before the execution of the effect thereof, and also attested by the attorney, stating that he does so as such attorney; 1st and 2d Vict., cap. 110, sec. ix. Mason v. Kiddle, 9 Law, Jo. Ex. 37.
k If the action be brought for debt, the form will begin thus : “ I confess the debt in this cause;" and put the damages at one shilling, whether before or after declaration filed.
If given after plea filed, say: I do hereby agree to withdraw the plea (or “ demurrer”] by me pleaded herein, and do confess," &c.
If to be paid by instalments, say: "by the following instalnients; that is to say,” stating the periods allowed for payment, or any or either of them.”
payment of the sum of L. , (the real debt) being the debt in this action, together with the said costs, on the, &c., next, the plaintiff shall be at liberty to enter up judgment for the said sum of, &c., (or " the said debt,") together with the said costs, and to sue out execution thereon for the (said) sum of, &c., (the real debt,) and the said costs; and also for the costs of entering up such judgment, and of suing out execution thereon, officers' fees, sheriffs' poundage, costs of levying, and all other incidental expenses; and I do hereby undertake not to bring any writ of error, or file any bill in equity, or do any other matter or thing to delay the said plaintiff from entering up his judgment and suing out execution thereon, as aforesaid. Dated, &c.
COGNOVIT IN EJECTMENT.
In the, &c. Between John Doe, on the several de.
mises of L. M. and O. P., plaintiff, and Thomas Jones, defendant.
? The cognovit, if in the Q. B., or a copy, if in the C. P. or Exch., when given in a personal action, and an affidavit of the time of the execution thereof, must be filed with the clerk of the judgments, if in the Q. B., or in the C. P. with the prothonotary, within twenty-one days after its execution, to render it, or any judgment or execution thereon, valid as against the assignees of the defendant, if he should become bankrupt; (3 Geo. IV., cap. 39, sec. 3.)
The following is the form of the affidavit : "In the, &c., between, &c., A. B., of, &c., maketh oath and Affidavit of saith, that he was present on the first day of March instant, the signature and did then see C. D., the above-named defendant, sign the of cognovit,
in a personal cognovit hereunto annexed, (or in the C. P. or Exch., “a
action. true copy whereof is hereunto annexed;"] and the name (C. D.) appearing at the foot thereof, for if in C. P. or
say, “at the foot of the original cognovit,") is of the proper hand-writing of the said C. D. ; and that the names "A, B.” and “
G. H.” appearing there as that of the witDesses to the signature of the said C. D., are of the proper hands-writing of this deponent and of the said G. H.”*
I dom hereby confess this action, and that the said John Doe is entitled to recover his term [or terms] yet to come of and in [parcels, as in the declaration of ejectment,] with the appurtenances, situate, &C., being the tenements in the declaration in this cause mentioned ; and also that he hath sustained damage by reason of the trespass and ejectment (or trespasses and ejectments) in the said declaration mentioned, to the amount of one shilling, besides his costs
and charges in this behalf, to be taxed by the master, [or in C. P. by the prothonotary.] And in case I shall make default in delivering up possession of the premises aforesaid, or in payment of the damages and costs as aforesaid, on the, &c., next, then the plaintiff shall be at liberty to enter up judgment for his term of and in the said premises, and for his said damages and costs, above acknowledged, as also for the costs of entering up such judgment, and of suing out execution. And that he shall also be at liberty thereupon forthwith to sue out execution for the same, together with sheriffs' poundage, costs of levy, and all other incidental expenses. And I do hereby agree not to bring any writ of error, or file any bill
in equity, to delay the plaintiff in his proceeding. Dated, &c.
m If defendant has pleaded, say,
“I do withdraw the plea by me pleaded in this cause, and do confess," &c.
CONDITIONS OF SALE BY AUCTION.
That the premises shall be put up for sale in the Usual several lots mentioned in the foregoing particulars,
condition. or in such other lots as shall be agreed upon at the time of sale, that the highest of two or more bidders shall be the purchaser; and if any dispute arise between the bidders, or between the auctioneer and any bidder, the lot in dispute shall be put up again at the sum last bid for the same before such dispute
That no person shall advance less than L. at each bidding, or retract his or her bidding.
That the vendor's agents shall be entitled to bid Reserved once for each lot and no more.
bidding. That the auction duty shall be paid in equal Auction duty. moieties by the vendor and purchasers.
That the purchaser shall pay down immediately As to the into the hands of the auctioneer his moiety of the times for the auction duty, and a deposit of L.
purchase, &c. part of his purchase-money, and sign an agreement for payment of the remainder of his purchase-money unto the vendors on the
at , at which time the purchase shall be completed, and the purchaser shall then have the actual possession, or be entitled to the rents and profits of the purchased premises, all out-goings up to that time being dis
per cent. in