judgment ought not to be signed until the defendant shall have had an opportunity to apply to the court to set aside the execution of such writ, or one of the judges of the said courts shall think fit to order the judgment to be stayed until a day to be named in such order: Provided always, that in case the signing of judgment on such writ shall be postponed by reason of such certificate or order, or by the choice of the plaintiff, or otherwise, and judgment shall be afterwards signed thereon, such judgment shall be entered of record as of the day of the return of such writ, unless the court shall otherwise direct.

shall be trie

sittings or

issue forth

II. And be it further enacted, That in all The judge actions brought in either of the said courts, by before whom whatever form of process the same may be any action commenced, it shall be lawful for the judge may certify before whom any issue joined in such action before the shall be to be tried, in case the plaintiff or de- end of the mandant therein shall become nonsuit, or a assizes that verdict shall be given for the plaintiff or de- execution mandant, defendant or tenant, to certify under ought to his hand, on the back of the record, at any time with; before the end of the sittings or assizes, that in his opinion execution ought to issue in such action forthwith, or at some day to be named in such certificate, and subject, or not, to any condition or qualification, and in case of a verdict for the plaintiff, then either for the whole case judgor for any part of the sum found by such ver- ment may dict; in all which cases a rule for judgment be signed, may be given, costs taxed, and judgment signed tion issued forthwith, and execution may be issued forth- according to with, or afterwards, according to the terms of the terms of such certificate, on any day in vacation or term; the certifiand the postea, with such certificate as a part

in which

and execu

cate.

Entering and record

thereof, shall and may be entered of record as of the day on which the judgment shall be signed, although the writ of distringas juratores or habeas corpora juratorum may not be returnable until after such day: Provided always, that it shall be lawful for the party entitled to such judgment to postpone the signing thereof. III. And be it further enacted, That every judgment to be signed by virtue of this act may ing of judg-be entered and recorded as the judgment of the court wherein the action shall be depending, although the court may not be sitting on the day of the signing thereof; and every execution issued by virtue of this act shall and may bear teste on the day of issuing thereof; and such judgment and execution shall be as valid and effectual as if the same had been signed and recorded and issued according to the course of the common law.

ment.

Teste.

Judgment may be va

cated, exe

IV. Provided always, That notwithstanding any judgment signed or recorded, or execution cution stay- issued, by virtue of this act, it shall be lawful ed, and new for the court in which the action shall have trial grant- been brought to order such judgment to be

ed.

Not to affect

vacated, and execution to be stayed or set aside, and to enter an arrest of judgment, or grant a new trial or new writ of inquiry, as justice may appear to require; and thereupon the party affected by such writ of execution shall be restored to all that he may have lost thereby in such manner as upon the reversal of a judgment by writ of error, or otherwise as the court may think fit to direct.

V. Provided always, and be it further enacted, provision in That nothing in this act contained shall be deemed to frustrate or make void any provision relating to the issuing of any writ of habere

1 W. 4,

c. 70, reJating to

facias possessionem, contained in the act passed writs of in the first year of the reign of his present Ma- possession. jesty, intituled An Act for the more effectual Administration of Justice in England and Wales.

costs.

VI. Provided always, and be it further Limitation enacted, That no officer of either of the said as to taxing courts shall, for the purpose of taxing costs on any judgment to be signed by virtue of this act, be compelled to attend at any time between the last day of August and the twenty-first day of October in any year.

declaration

VII. And whereas by an act passed in the No judgment signed sixth year of the reign of his late Majesty King or execution George the Fourth, intituled An Act to Amend issued on a the Laws relating to Bankrupts, it is provided, cognovit that no creditor, though for a valuable consi- signed after deration, who shall sue out execution upon any filed shall judgment obtained by default, confession, or be deemed nil dicit, shall avail himself of such execution within the provision of to the prejudice of other fair creditors, but shall 6G.4, c.16. be paid rateable with such creditors: And whereas, by reason of such provision, plaintiffs have been and may be deterred from accepting a cognovit actionem, with stay of execution, whereby the expense of further proceedings in such action might have been and may be saved or diminished; for remedy thereof be it enacted, That no judgment signed or execution issued after the passing of this act on a cognovit actionem signed after declaration filed or delivered, or judgment by default, confession, or nihil dicit, according to the practice of the court, in any action commenced adversely, and not by collusion for the purpose of fraudulent preference, shall be deemed or taken to be within the said provision of the said recited act.

writs of in

In lieu of VIII. And whereas by an act passed in the the return twenty-second year of the reign of his late days in Easter and Mi. Majesty King George the Second, made and chaelmas passed, among other purposes, for the more terms, all frequent return of writs in the counties pala tine of Chester and Lancaster, writs of capias quiry of damages, ad respondendum may be made returnable in the Court of Common Pleas of the said county palatine of Lancaster on the first Wednesday first Wed- in every month. And whereas by another act nesday in passed at a session of parliament holden in month, in the thirty-ninth and fortieth years of the reign addition to of his late Majesty King George the Third, inthe first and tituled An Act for the better Regulating the last days of Practice and for preventing Delays in the sizes. Proceedings of the Court of Common Pleas at

&c. to be returnable on the

every

each as

Lancaster, writs of inquiry of damages, and certain other writs in the said act in that behalf mentioned, issued by and out of the same court, may be made returnable on any of the return days in Easter and Michaelmas terms respectively, according to the course of his Majesty's Court of Common Pleas at Westminster, in addition to the first and last days of each assizes held for the said county; and it is expedient to quicken the proceedings in the said court of the said county; be it therefore enacted, That in lieu of the return days in Easter and Michaelmas terms, all writs of inquiry of damages, and other writs in the said last-mentioned act in that behalf mentioned, shall and may be made returnable in the said court of the said county on the first Wednesday in every month, in addition to the first and last days of each assizes held for the said county; and such proceedings shall and may be had on the return thereof as upon such writs returnable according to the

law in force at and before the passing of this

act.

from infe

IX. And whereas persons suing in the infe- When writs rior courts of the said county palatine of Lan- for removcaster are often vexatiously delayed in the ing suits recovery of their just demands by the removal rior courts of their suits into the said Court of Common shall be rePleas, by reason that the writs whereby the turnable. same are removed can be made returnable only at the assizes holden for the said county; for remedy thereof be it enacted, That all writs of pone loquelam, recordari facias loquelam, accedas ad curiam, and all other writs now lawfully issued out of the Chancery of the said county palatine of Lancaster for the removal of causes from the inferior courts of the said county into the said Court of Common Pleas, which shall be issued after the expiration of fourteen clear days next after the passing of this act, shall be made returnable on the first Wednesday in the month next after the issuing thereof, unless in the meantime the assizes shall be holden for the said county, and if the assizes shall be so holden in the meantime, then on the first or last day of such assizes, as the case may be, next after the issuing thereof; and that all such writs made returnable at any other time than according to the provision hereinbefore contained shall be utterly null and void to all intents and purposes.