Suppose the jury to reply, for the plaintiff, damages 30s.; then say, Hearken to your verdict: You find for the plaintiff, and assess damages 30s., and costs of suit, 12d.; and so you say all.'

The jury reply--Yes. Then bid the plaintiff pay the jury, and so enter the verdict.

[NOTE. If the verdict find matter incertainly, it is insufficient, and no judgment ought to be given thereupon; as if an executor pleads plene administravit, and issue is joined thereupon; and the jury find that the defendant hath goods in his hands to be administered, but do not find of what value.

So a verdict that finds part of the issue, and finds nothing for the residue, is insufficient for the whole, because they have not tried the whole issue wherewith they stood charged; but if the jury give a verdict of the whole issue, and of more, that which is more, is surplusage only, and shall not stay judgment.]

The whole business of the court being concluded, command the bailiff to make proclamation thereof (see ante, p. 427); [or, in case a day is already fixed on for the succeeding court, let him say,]

'O Yes, O Yes, O Yes.

All manner of persons who have more to do at this court, come forth, and you shall be heard; otherwise all persons may depart hence, keeping their hour here, viz. of the clock of the forenoon, on

N. B. After the court is ended, the defendant being condemned by verdict, and judgment entered as aforesaid, a fieri facias shall be awarded to levy the debt, costs, and damages on the defendant's goods, which are to be taken by virtue thereof, and may be appraised and sold (a), to satisfy the plaintiff. And if the defendant hath not any goods whereupon levy may be made, the plaintiff is without remedy in this court, it being no court of record, and no capias lying therein (b) but the plaintiff might bring an action of debt at common law, and declare upon the judgment recovered in the court baron.

:

(a) Scroggs 200. But it would seem to be by custom only that the goods could be sold, see the authorities, ante,

pt. 3. p. 751.

(b) Ante, pt. 3. pp. 717, 752.

Forms of Precepts and Processes in the Court Baron.

(Warrant of Attorney to appear.)

I, C. D. do hereby desire and authorise you to appear for me in the court baron of A. Z., esquire, lord of the manor of

the day of

in the

debt for, &c. [or detinue, &c.] at the suit of A. B.: And for your so doing, this shall be your sufficient warrant.

In witness, &c.

(Condition of Bond for the Defendant's appearance.)

The condition, &c. is, that if the above-bounden C. D. do appear at the next court, to be holden at, &c., to answer to A. B. in an action of debt, &c., and do also stand to such order as the court in that behalf shall adjudge according to law, then this present obligation to be void, &c.

(Summons to appear.)

Manor of -, J. S. steward, to W. Y. bailiff of the aforesaid manor, greeting: I command you to summon C. D., so that he be at the next court to be held at

on

the

day of

next, to answer A. B. of a plea of debt [or of detinue, &c.] and this, &c. Dated, &c.

(Distringas.)

The Manor of, &c. J. S. steward, to W. Y. bailiff of, &c.

Because A. B. complains against C. D. of a plea of debt [or of detinue, &c.] and has found pledges to prosecute, &c. I command you to distrain the said C. D., by all his goods and chattels, to answer to the said A. B. in the plea aforesaid, at the next court there to be held, on the day of, and have you there this precept, and in what manner, &c. Dated, &c.

(Second [or third] Distringas.)

The Manor of, &c. J. S. steward, to W. Y. bailiff of, &c.

I command you to bring to the next court to be held in and for the

said manor, on the - day of

all the goods and chattels of C. D., which you distrained by virtue of the precept to you in that behalf heretofore directed, at the suit of A. B., in a plea of debt [or of detinue, &c.]; and that you further distrain the aforesaid C. D., by other his goods and chattels, so that he be at the said court, to be held, &c., to answer the aforesaid A. B., in his aforesaid plea of debt [or detinue, &c.]; and have there this precept. Dated, &c.

(Supersedeas to a Distringas on Appearance.)

The Manor of

Now because the said C. D. answer the said A. B., I do

J. S. steward, to W. Y. bailiff of, &c. Whereas I lately commanded you to distrain C. D. by all his goods and chattels, so that he should be at this court, to be held, &c., to answer A. B., in a plea of debt of 39s. hath appeared by G. H. his attorney, to therefore command you that you altogether forbear executing the said precept; and if you have taken or distrained any of the goods and chattels of the aforesaid C. D., then without delay that you cause the same to be redelivered to the said C. D. Dated, &c.

(Replevin Bond.)

The manor of· -J. S. steward, to W. Y. bailiff of, &c.

For as much as C. D. hath found me sufficient security, as well for prosecuting his suit which is for his cattle, to wit, cows, which A. B. took and unjustly detains, as it is alleged; as also to make return, if return be adjudged; therefore in behalf of the lord of the manor aforesaid, I command you to replevy and cause to be redelivered to the said C. D. the cattle aforesaid; and that you summon the said A. B., by good and safe pledges to be before me at the next court to be held at the day of to answer the aforesaid

C. D. in a plea of taking and unjustly detaining his cattle aforesaid.

And the like, &c., to me at the next court certify, or, &c.: this omit not at your peril. Dated, &c.

VOL. II.

Χ Χ

(Venditioni Exponas.)

The Manor of J. S. steward, to W. Y. bailiff of, &c. I command you, that you expose to sale one steer by you taken and appraised at, being the goods and chattels of C. D., which said steer was attached at the suit of A. B., in a plea of debt upon demand of 398.; and at the court held, &c., the aforesaid C. D., although he was solemnly called, did not appear, by which, according to the custom of this court from time whereof there is no memory of man to the contrary, the said steer is forfeited, &c.; which money have you at the next court to be held, &c., to satisfy the said A. B. his debt aforesaid; and have you there this precept, and in what manner, &c. Dated, &c.

(Sale of goods to Plaintiff, founded on the Venditioni
Exponas) (a).

Know all men, by these presents, that I, W. Y., bailiff of, &c., by virtue of a precept of fieri facias, from the steward of the court baron of the said manor, to me directed, have levied of the goods and chattels of C. D., the sum of, &c., being a debt due to A. B., and levied by virtue of the said precept to his use: In full satisfaction of which said sum of I do, by virtue of the precept or warrant to me directed, as aforesaid, assign, sell, and set over to the said A. B. all the goods and chattels in the appraisement hereto annexed, valued and nominated at the rate of; To have and to hold the said goods and chattels, to him, his heirs, executors, and administrators, as his and their own proper goods, as fully and absolutely as I the said W. Y. might, could, or ought to do, by virtue of the said precept and appraisement, or otherwise howsoever. In witness, &c.

And whereupon the said A. B. by E. F. his attorney, complains,

(a) Scroggs, 256-7.

(b) See various forms of Declaration

in Scroggs 258, et seq.

day of, in the

that whereas the aforesaid C. D., on the year of the reign of our Sovereign Lord William the Fourth of the United Kingdom of Great Britain and Ireland, King, defender of the faith, at ——— aforesaid, within the jurisdiction of this court, was indebted to the said A. B. in the sum of 39s. of lawful money of Great Britain, for so much money of the said A. B. at the special instance and request of the said C. D., by him the said A. B. to the aforesaid C. D., before that time advanced and lent: And also, in other 398. of like lawful money of Great Britain, for so much money of the said A. B., at the like special instance and request of the said C. D., by him the said A. B., for the said C. D., before that time expended, laid out, and paid. And being so thereof indebted, the said C. D., in consideration thereof, afterwards, to wit, the same day and year, at aforesaid, within the jurisdiction of this court as aforesaid, assumed upon himself, and then and there faithfully promised the said A. B., to pay him the aforesaid two several sums of money, when he should be thereto afterwards required: and whereas also, the aforesaid C. D., afterwards, to wit, the same day of in the " -year, &c. aforesaid, in aforesaid, within the jurisdiction aforesaid, was in

debted to the aforesaid A. B., in other 39s. of like lawful money of Great Britain, for so much money of the said A. B., by the aforesaid C. D., for the use of the said A. B., before that time had and received: and being so thereof indebted, the aforesaid C. D., afterwards, to wit, the same day of in the year aforesaid, at aforesaid, in the jurisdiction aforesaid, in consideration aforesaid, assumed upon himself, and then and there faithfully promised, that he the said C. D., would well and truly pay and satisfy unto him the said A. B. the aforesaid sum of money last mentioned, when he should be thereto afterwards requested. And whereas also, &c. [here you may lay other counts, proceeding as in the former]. Yet the aforesaid C. D., not at all regarding his several promises and assumptions aforesaid, but contriving and fraudulently intending the said A. B. in this behalf craftily and subtilly to deceive and defraud, the aforesaid several sums of money, or one penny thereof to the said A. B. hath not paid, or anywise for the same contented, although the aforesaid C. D., afterwards, to wit, the same day and year last above said, at aforesaid, in the jurisdiction aforesaid, was required so to do; but hath hitherto altogether refused, and still doth refuse to pay or anywise content him the said A. B., for the same, whereupon the said A. B. saith he is worse,