writ of summons] day of last impleaded C. D. in an action on promises, [or as the case may be ;] for that whereas one [&c. here recite the declaration as in a writ of inquiry.] and thereupon he brought suit. And whereas the defendant, on the day of last, by his attorney, [or as the case may be,] came into our said Court and said [here recite the pleas and pleadings to the joinder of issue,] and the plaintiff did the like. And whereas the sum sought to be recovered in the said action, and indorsed on the writ of summons therein, does not exceed £20; and it is fitting that the issue above joined should be tried before you the said sheriff of [or judge, as the case may be:] we therefore, pursuant to the statute in such case made and provided, command you that you do summon twelve free and lawful men of your county, duly qualified according to law, who are in nowise akin to the plaintiff or to the defendant, who shall be sworn truly to try the said issue joined between the parties aforesaid, and that you proceed to try such issue accordingly; and when the same shall have been tried in manner aforesaid, we command you that you make known to us at Westminster, [or to our justices at Westminster, or to the barons of our said Exchequer, as the case may be,] what shall have been done by virtue of this writ, with the finding of the jury hereon indorsed, on the of next. Witness day at Westminster, year of our reign. No. 6. Form of Indorsement thereon of the Verdict. the year in Afterwards, on the [day of trial] day of before me, sheriff of the county of [or judge of the court of ] came as well the within-named plaintiff as the within-named defendant, by their respective attornies within named, [or as the case may be,] and the jurors of the jury by me duly summoned, as within commanded, also came, and being duly sworn to try the said issue within mentioned on their oath, said, that L No. 7. Form of Indorsement thereon, in case a Nonsuit takes place. [After the words "duly sworn to try the issue within mentioned" proceed as follows:] And were ready to give their verdict in that behalf; but the said A. B. being solemnly called, came not, nor did he further prosecute his said suit against the said C. D. No. 8. Form of Judgment for the Plaintiff after Trial by the in the year Sheriff. [Copy the issue, and then proceed as follows:] Afterwards, on the [day of signing judgment] day of came the parties aforesaid, by their respective attornies aforesaid, [or as the case may be,] and the said sheriff, [or judge, as the case may be,] before whom the said issue came on to be tried, hath sent hither the said last-mentioned writ, with an indorsement thereon, which said indorsement is in these words; to wit, [copy the indorsement.] Therefore it is considered [&c, in the same form as before.] INDEX. A. ABATEMENT, for non-joinder, 106 for misnomer, 107 pleading in, in term subsequent to declaration, 147 Accruing of right, when, 80 Ac etiam, 143 Action, distress or entry, time for, 80 Actions, real and mixed, 96 pending in abolished Courts, 27 Admission of documents, 108, 159, 179 Adverse claims, 47 Advowsons, limitation as to recovering, 94 Affidavits, commission to take, in Scotland and Ireland, 123 title of Court in, 142 addition of deponent in, id. swearing before attorney or agent, id. to hold to bail, to work and labour, &c. 143 to hold to bail, supplemental, id. of service of process, 142 Alias and pluries writs, 161 Appearance, mode of, 54 proceedings in default of, 63 time of entering, 145 time for, at Christmas and Easter, 6 и Appearance, fees upon, 161 attorney's undertaking for, 145. Arbitration, administering oath on, 122 submission to, when revocable, 121 attendance of witnesses on, id. Arrest, second, 143 Arrest of judgment, time for moving for, 150 authority of, proceedings to ascertain, 63 Avowries, several, 186, 190 Bail, justification at chambers, 8 B. render in discharge of, how effected, 13 affidavit of justification, 137, 144 putting in and justifying, 137 form of notice of, id. notice of exception to, id. change of, 138 piece, country, time of transmitting, 143 exception to, when sheriff's bail are bail to action, 144 notice of justification, id. time of justification, id. notice of more than two, id. render by rejected, id. amount of liability of, id. time of render, id. 173 bond, no proceedings on, pending body rule, 144 bond, time of putting in suit, 145 bond, action by sheriff on, id. bond, standing as security on trial lost, id. 159 bond, several actions on, 145 Bail, ca. sa. to fix, 152 application by, to stay proceedings pending error, 153 order to bring in body, 171 C. Capias, summons and detainer, 54, 56, 58, 161 ad satisfaciendum to fix bail, 152 Case, special, by consent, without trial, 115 Charging in execution, 153, 155 Charitable uses, trustees to, in Chester and Wales, 19 Chester and Wales, subject to jurisdiction of Courts at West- minster, 9, 13 fines and recoveries, 18, 19, 28 Close to be named in trespass, 196 Commencement of declaration after plea of non-joinder, 192 Compensation to Welsh judges and officers, 14, 18 Compounding penal actions, 156 Consolidation, payment into Court in cases of, 156 Continual claim, 85 Continuances, entry of, 157 abolished, 183 Corporations, &c. service on, 62 Costs of not proceeding to trial, motion for, 151 of not proceeding to trial in case of paupers, 157 of proving documents, 159, 180 on issues not found for plaintiff, 152 for one of several defendants, 118 on demurrer, id. on scire facias, id. of special jury on non-suit, 119 on nolle prosequi, 118 by executors, plaintiffs, 117 |