and was present when the warrant was acknowledged. (k) The acknowledgments may be taken either in term time or in vacation: but it is most advisable for them to be taken in vacation, if that be practicable, in order that they may be ready to be arraigned at bar at the commencement of the ensuing term. It is of the utmost importance to the validity of the recovery that the warrant of attorney be regularly taken; for if it be bad or informal, the recovery suffered in pursuance thereof will be bad likewise. If there be many vouchers, the warrant of attorney must be joint; and if the distance of their residences, or any other circumstance, renders separate acknowledgments necessary, they must still be all made on the same piece of parchment. (2) Where, in (k) For the forms, see App. XCIII. XCIV., XCV. See also the rules, Hil. Term. 14. Trin. T. 30. and Mich. Term. 39 Geo. 3. Appendix N. O. Q. An affidavit of a Commissioner that the wife of a vouchee was examined separately from her husband cannot be received or filed if not made at the time the acknowledgment was taken. Breach d. Hewitt t. Brierley v. 4 Moore, 113. And it ought not to be on a piece of parchment separate from the general affi davit of acknowledgment. (1) Jennings d. Street t. Vernon and Others v. 3 B. and P. 361. But if the voucher be not joint, it will not be any objection to the passing of a recovery, that the warrants of attorney of each set of vouchees are on separate pieces of parchment. the caption of an acknowledgment of a warrant by a married woman, the words were "consented to acknowledge" instead of "consented to and acknowledged" the recovery, was not permitted to pass. (m) The dedimus recites that a writ of summons to warrant(n) is issued forth against the vouchees and therefore the warrant of attorney should bear date after the teste of this writ, and before the time that it is stated to be returnable in the writ of dedimus. (o) If, however, the acknowledgments of the vouchees should not happen to have been taken on or before the return of the writ of summons, they may be taken afterwards; but then the cursitor, when the dedimus and warrants are returned to him for the writ of mittimus and transcript, either enlarges the return of the writ of summons to some return subsequent to the date of the acknowledgments, and reseals the writ of dedimus, or he makes out a new dedimus with an enlarged return of the writ of summons, retaining the old one as his authority; but if a new dedimus be made out, the commissioners must themselves indorse their return upon it in the same manner as they did (m) Paul, vouchee, 5 Taunt. 661. (n) See App. LXXXVIII. (0) The writ of summons had originally nine returns: but they have been abridged to four by 24 Geo. 2. c. 28. upon the old one. (p) This alteration in the writ of summons is made to warrant the captions; for it would be error (q) if the acknowledgments appeared to have been taken after the return of the writ of summons, because the attorney appointed is supposed to appear then in pursuance of the warrant, at which time the judgment is supposed to be given. (r) Therefore, if the acknowledgments are not taken on or before the last general return of the term, it cannot be a recovery of that term, for the writ of summons cannot then be made returnable earlier than the first return of the ensuing term. (s) And if the recovery be not passed at bar, by the tenant's appearance at Court, in the term in which the writ of summons is stated to be returnable, there must for the same reason in that case also be a renewed dedimus, reciting the writ of summons to be returnable in the term, in which it is intended to be passed at bar, by the actual appear (p) Bevir d. Robbins t. V. vouchees refused to acknowledge the warrant until several terms after the other vouchees had acknowledged their's, the Court permitted the recovery then to pass. Robinson and Others' case, 4 Taunt. 618. Barnard v. Woodcock, 2. W. Black. 1201. S. P. 1223. The writ of entry. ance of the tenant in Court, (t) which must be actually returned by the Commissioners themselves. When the warrant of attorney has been acknowledged, it should be taken, together with the dedimus, to the Cursitor, who will thereupon make out the writ of entry. (u) This writ ought to be bespoke before the essoign day of the term next after the acknowledgment was taken, because it must be made returnable before the time when that acknowledgment appears to have been taken, the writ of summons to warrant not being supposed to issue until after the appearance of the tenant on the return of the writ of entry; and it has already been stated that the Cursitor cannot, without an order for the purpose, make out an original writ of a return past, unless he receive instructions for it before the essoign day of the succeeding Term. To obtain this order a petition, stating the reason why the writ was not bespoke in time, should be presented praying that the Cursitor may issue a writ returnable at the time desired; (v) when, (t) Where the tenant appear ed in Easter Term, an ap- would not permit it. Buz zard d. Were t. Baxter v. (u) For the writ of entry, see locatur. upon reading the warrant of attorney which must accompany the petition, an order will be made accordingly. The allocatur of one of the Judge's alJudges of the Court of Common Pleas must be written on the duplicate copy of the præcipe and warrant of attorney; and when the Judge signs the allocatur, the writ of entry must be produced, upon which he will mark his initials. (w) bar. The acknowledgments of the vouchees hav- Passing at ing been taken, the writ of entry sued out, and the Judge's allocatur obtained, the next thing to be done is to get the tenant's appearance recorded, and the recovery passed at bar. (x) For this purpose a fair copy of the præcipe must be made upon a sheet of foolscap paper book-wise, with the names of the tenant and vouchee in the margin. (y) This præcipe must be annexed to the writ of entry and other documents, and the (w) See Rule Trin. T. 30 Geo. 3., Append. O., and ́ XCIX. (x) It has already been stated that the death of the tenant or vouchee before the attorney has actually appeared at bar will vacate the recovery, (ante, p. 38.) But, in a case where the tenant to the præcipe was confined to his house in London by illness, he was |