REPORTS OF CASES ARGUED AND DETERMINED IN The Courts of Exchequer AND Exchequer Chamber. HILARY TERM, 3 VICTORIÆ. REGULE GENERALES. Hilary Term, 3 Vict. 1840. IT IS ORDERED, That every person who shall intend to apply for admission as an attorney of this Court, and who shall not have been admitted an attorney and solicitor of any other Court, shall, (in addition to the notices to be given to the Examiners, Masters, &c., as required by a rule of Hilary Term, 6 Will. 4, 1836, read in all the Courts), for the space of one full Term previous to the Term in which he shall apply to be admitted, cause his name and place or places of abode for the last preceding twelve months, and also the name or names and place or places of abode of the attorney or attornies to whom he shall have been articled, VOL. VI. B M. W. Exch. of Pleas, Admission of attornies in the 1840. Exch. of Pleas, written in legible characters, to be affixed in the Exchequer Office of Pleas, in such place as public notices are usually fixed; and also enter or cause to be entered, in two books to be kept for the purpose, one at the Chambers of the Lord Chief Baron, and the other at the Chambers of the other Barons of this Court, his name and place and places of abode for the last preceding twelve months, and also the name or names and place or places of abode of the attorney or attornies to whom he shall have been articled. Forms of writs of ca. sa. under 1 & 2 Vict. c. 110, s. 20. IT IS ORDERED, That the following forms of writs, framed by the Judges pursuant to the statute 1 & 2 Vict. c. 110. s. 20, be used from and after the first day of next Easter Term, in the cases to which they are applicable, with such alterations as the nature of the action, the description of the Court in which the action is depending, the character of the parties, or the circumstances of the case, may render necessary; and that in all cases in which the judgment is for a penalty, and the plaintiff seeks to obtain interest, there shall be a memorandum on the back or at the foot of the writ, directing the sheriff to levy the amount of the sum of money really due and secured by the penalty, and of the damages and costs recovered, and interest thereon at the rate of 41. per cent. per annum from the time when the judgment was entered up, or, if it was entered up before the 1st October, 1838, then from that day; and that, in the cases in which the amount for which the judgment has been given is less than the amount of the sum of money really due and secured by the penalty and the damages and costs recovered, and the interest thereon calculated as aforesaid, it shall be stated in the Exch. of Pleas, body of the writ, that the sheriff is to levy interest at the day of , rate of 41. per cent. per annum, from the 1840. No. 1. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the Sheriff of, greeting. We command you that you take C. D., if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us at Westminster, immediately after the execution hereof, to satisfy A. B. £, which the said A. B. lately in our Court before us at Westminster recovered against the said C. D. for his damages which he had sustained, as well on occasion of the not performing certain promises and undertakings then lately made by the said C. D. to the said A. B., as for his costs and charges by him about his suit in that behalf expended; whereof the said C. D. is convicted, as appears to us of record; together with interest upon the said sum of £ at the rate of 4/. per centum per an Exch. of Pleas, 1840. (a), on which day the judgment aforesaid was entered up; and have there then this writ. Witness, Thomas Lord Denman, at Westminster, on the NOTE. This and all other writs of execution may be made returnable on a day certain in term. No. 2. Writ of capias ad satisfaciendum, on an order of the Court of Queen's Bench, for payment of money. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the Sheriff of greeting. We command you that you take C. D., if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us at Westminster, immediately after the execution hereof, to satisfy A. B. £, which lately in our Court before us at Westminster, by a rule of our said Court, intitled, &c., [as the case may be], were by the said Court ordered to be paid by the said C. D. to the said A. B., and further to satisfy the said A. B. interest upon the said sum of £- at the rate of 41. per centum per annum from the day of in the year of our Lord (b), on which day the said rule was made; and have there then this Witness, Thomas Lord Denman, at Westminster, on the , Writ of capias ad satisfaci endum, on an No. 3. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the (a) The day on which the judgment was entered up, or if entered up prior to the 1st of October, 1838, say, from the 1st day of October, in the year of our Lord 1838, omitting the words "on which day the judgment aforesaid was entered up." (b) The day on which the rule was made, or if it were made prior to the 1st of October, 1838, say, from the 1st day of October, in the year of our Lord 1838, omitting the words "on which day the said rule was made." 1840. Court of order of the Queen's Bench, for payment of money and costs. Faith, to the Sheriff of -, greeting. We command you Exch. of Pleas, that you take C. D., if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us at Westminster, immediately after the execution hereof, to satisfy A. B. £—, which lately in our Court before us at Westminster, by a rule of our said Court, intitled, &c., [as the case may be], were by the said Court ordered to be paid by the said C. D. to the said A. B., together with the costs of the said rule, which said costs were afterwards, on the day of in the year of our Lord and allowed by our said Court, at the sum of £ taxed further to satisfy the said C. D., the said sum of £———— (a), day of Lord (b); and have there then this writ. Witness, Thomas Lord Denman, at Westminster, on the No. 4. ad satisfacijudgment in an endum, on a inferior Court in an action of assumpsit, removed into Victoria, by the Grace of God, of the United Kingdom Writ of capias of Great Britain and Ireland, Queen, Defender of the Faith, to the Sheriff of, greeting. We command you that you take C. D., if he shall be found in your bailiwick, and him safely keep, so that you have his body before us at Westminster immediately after the execution hereof, to the Court of satisfy A. B. £, which the said A. B. lately in [insert the style of the Court], by the judgment of the said Court, recovered against the said C. D. for his damages, which he had sustained as well on occasion of the not performing (a) The amount of the costs taxed. were prior to the 1st of October, (b) The day on which the costs of the rule were taxed, or if that 1838. Queen's Bench. |