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William Tidd.

The practice of the Courts of King's Bench and Common Pleas in personal actions and ejectment : to which are added the law and practice of extents : and the rules of court and modern decisions in the Exchequer of Pleas (Volume 1) online

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Online LibraryWilliam TiddThe practice of the Courts of King's Bench and Common Pleas in personal actions and ejectment : to which are added the law and practice of extents : and the rules of court and modern decisions in the Exchequer of Pleas (Volume 1) → online text (page 78 of 90)
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bill of exchange^: And in covenant on a deed, whereby the plaintiffs
covenanted to indemnify the Bank of England against advances to
L. and li. on bills to the amount of 100,000/. and the defendant and
others agreed to sub-indemnify the plaintiffs to the same amount, in
certain aliquot proj)ortions of which the defendant's [)roj)ortion was
5000/., and the plaintiffs alleged that they had been obliged to pay
the whole 100,000/. to the Bank, and demanded of the defendant his
proportion of 5000/., in which action the plaintiffs had judgment on
demurrer ; the court of King's Bench refused to refer it to the master,
to compute the principal and interest due on the deed, considering
that it was not a mere question of computation of principal and in-
terest, but that it was open to the defendant, before the sheriff's
jury, to enter into questions of collateral satisfaction of the plaintifl[''s
demand, from securities and effects of L. and B. the principals, in
their hands''.

In the King's Bench, where interlocutory judgment was signed,
and the plaintiff died on a subsequent day in the term, the court
granted a rule to comjiutc principal and interest on the bill on which
the action was brought' : and a similar rule was made absolute, ou
producing a copy of the bill, verified by affidavit of the plaintiff's
attorney ; the original having been stolen out of his pocket, and no

* 4 Dmnf. & Kast, 493. and see 1 Maule Rep. 6'21. 627.

St Sel. 173. 4 Campb. 380. 1 Stark. M. d 12 East, 420.

Pri. 219. S. C. by which it appears, tliat c Per Cur. U. 37 Geo, 111. K. B.

the plaintiff is not entitled to interest on a ' Palin v. Nicholson, E. 38 Geo. III. K. C.

f-ireign judgment. K 8 Durnf, & East, 395. 2 Chit. Rtp. 233.

•» 5 Dunif. & East, 87. '' 14 Fiast, 622.

* Cio. J-Ui^. 530. Cro. Jac. 618. 1 Chil. ' 1 Manic & Scl. 22y.



620 OP THE ASSESSMENT OF DAMAGES, &C.

tidinjjs of it ol)taillC(l^ The plaintiff, in the King's Bench, may
obtain a rule for referring a bill of exchange to the master, on the
day on which interlocutory judgment is signed for want of a plea'', or
for not producing the record'^ ; but where it is signed upon demurrer,
it has been the practice not to move for such rule until the following
day'' : And, in that court, the rule absolute for computing principal
and interest on a bill of exchange, must be served on the defendant,
before final judgment can be signed, as well as the rule wist'; and
in serving the latter rule, where there are two defendants, the service
should be on both*^; but it is suflicient to serve a copy of the rule,
without sliewing the originaK. It has also been decided, in the King's
Bench, that the plaintiff's attorney is not bound to serve the defendant
with notice of computing principal and interest, on a rule ororder of
reference^, or a copy of the master's appointment for that purpose'',
unless the defendant has obtained and served him with a rule to be
i)resent at the taxation' ; the defendant having notice of the proceed-
in"*, by service of the rule nisi, so as to be present if he pleases. But,
in the Common Pleas, notice must be given to the defendant, of the
prothonotary's appointment to compute principal and interest on a
bil of exchange^ : The reason is said to be, that this proceeding of a
reference to the prothonotary is substituted for a writ of inquiry ; and
as it is necessary for the plaintiff to give notice to the defendant of
the execution of such writ, so he must give him notice of the pro-
thonotary's appointment to compute principal and interest, in order
that he may have an opportunity of bringing forward any facts which
may have occurred, to reduce the sum which the plaintiff seeks to
recover'. And where judgment has gone by default on a promissory
note, no irregularity previous to the judgment can be shewn as cause
against referring the note to the master or prothonotary'". After an
award of a writ of inquiry of damages, if final judgment be given
for a certain sum, with the plaintiff's assent, it is no cause of error,
although the record contain no entry of an inquisition executed".

» 3 Maule & Sel. 2S1. and see 2 Chit. was ruled by Bayley, J. in H. 56 Geo. III.

Rep. 233. faj. K. B. 1 Chit. Rep. 467. innotis; and see

b 3 Maule & Sel. 109. the cases of Clark v. Wood, and Farnei- v.

c 3 Barn. & Aid. "52. 1 Dowl. & Ryl. Wood, E. 56 Geo. III. K. B. Id. 466. (a).

444. S. C. accord.

** 3 Maule & Sel. 109. and see 3 Smith h i Chit. Rep. 469, 'TO. 693.

R. 179. i Id. 693.

e 1 Chit. Rep. 466. 468. k 4 Taunt. 487.

♦" Flindt V. Bignell & another, M. 56 Geo. 1 /d, ibid.

III. K. B. 1 Chit. Rep. 466. (aj. ^ 1 Bos, & Tul. 369. 2 Chit. Rep. 119.

g Sellers V. Tnflon, U. 54 Geo. III. K. B. n 4 'faunt. 148.
hup. K, B. y td. 41)6, 7. The tame point



OP THE WRIT OF INQUIRY. 021

A writ of inquiry of damages is a judicial Avrit, issuing out of the
court where the action is brought, and directed to the sheriff of the
county where the venue is laid"; setting forth the proceedings
which have been had in the cause ; " and that the plaintiff ought to
" recover his damages, by occasion of tfie premises : But because it
" is unknown what damages he hath sustained by occasion tliereof,
" the sh(Milf is commanded, that l)y (he oath of twelve honest and
" lawful men of his county, he diligently inquire the same ; and re-
" turn the inquisition into court*"." It was formerly doubted, whether
a writ of inquiry could be directed to the sheriff of a fVelch county" ;
but it is now settled (hat it may*^.

In an action on the case upon two promises, there was judgment
by default as to the first promise, and as to the second, a nolle pro-
sequi : A writ of inquiry was taken out, to inquire what damages
the plaintiff had sustained, by occasion of the premises ; and upon
the re(urn of this, it was moved to amend the writ, and make it, by
occasion of the not performing of the first promise : And upon the
authority of Baker against Campbell", the writ was amended in
this case ; the record of the judgment by default bciing a warrant to
amend by^ So, if the award of the writ of inquiry on the roll be
right, the teste of the writ, if wrong, may be amended by its.

The writ of inquiry is engrossed on parchment, stamped with a
five shilling stamp'', and signed by the prothonotaries in the Common
Pleas, and afterwards sealed ; but, in the King^s Bench, it is sealed
only : And it should be returnable on a general return or day certain,
according to the nature of the proceedings : if by original, on a gene-
ral return ; if by bill, on a day certain. But where, in an action by
bill against an attorney, the writ of inquiry was returnable on a gene-
ral return, it was holdcn not to be error ; but only a mis-continuance,
and cured by the statutes of jeofailsi.

When the jury, upon the trial of an issue, omit to assess the
damages, the omission may in some cases be supplied by a writ of
inquiryk : As to which it seems, that where the matter omitted to be
inquired by the principal jury, is such as goes to the very point of the
issue, aiul upon which, if it be found by the jury, an attaint will lie

» 2 Lil. P. R. 7'21. f 1 Sir. rtS4. and see Cas. lem/j. Ilardw.

•» Append, Chap. XXIII. § 46, &c. 314.

e Doug. 262, 3. Lord Munsfield and « 4 F'^ast, 173. and see 1 Dowl. & Ryi.

BuUer, J. thought it might bo (iirected to 266.271. per Bai/fey, J.

the sheriff of the next English county. '• Stat. 55 Geo. I'.I. c. 184. ScM. Part II.

d mUiamt V. miliams, T. 2G Geo. III. § III.

K. B. • '2 Str. 947. Say. Rep. 245.

e E. 4 .Ann. K. B. *■ Cheyney's c^ise, 10 Co. H3.



(^OO OF THE WRIT OF INQUIRY.

o"-iiinst (liem by the party, if thoy have j^iven a (also verdict, there
sucli matter cannot be supplied by a writ of inquiry, because thereby
(he party may lose his attaint, which will not lie upon an inquest of
office".

Thus, in detinue, where the jury omitted to assess the value of the
goods, the court refused to supply the omission by a writ of inquiry*".
And so, where the jury who try the issue in replevin upon a tllstress
for rent, omit to inquire of the rent in arrear, and value of the goods
or cattle distrained, pursuant to the statute 17 Car. II. c. 7. no writ
of inquiry can be afterwards awarded, to supply the omission*^ ; for, by
the words of the statute, these matters are to be inquired of by the
same jury who try the issue'. And in like manner, where no damages
are given on trying the traverse of the return to a writ of maiiriawMS,
this omission cannot be supplied by a writ of inquiry^ So where, in
an action for a libel, the defendant pleaded the general issue, and
ei^ht special j)leas of justification ; and the jury, at the trial, found a
verdict for plaintiff* on the general issue, and two of the special pleas,
without assessing damages, and for the defendant on the other pleas ;
and the court, on motion to enter up judgment for the plaintiff riow
obstante veredicto, decided that the latter pleas were ill, and award-
ed a writ of inquiry to assess the damages, and final judgment was
entered thereon, in the King's Benchf; the court of Exchequer
Chamber, on a writ of error, reversed the judgment as to the award
of the writ of inquiry, and final judgment thereon, and remitted the
record to the court of King's Bench, with a direction for that court
to award a venire de novo, to try the general issue, and issue joined
on the two special pleas, on which the finding was for ihe plaintiff;
holding the verdict on these issues to be void, because no damages
had been assessed^.

But where the matter omitted to be inquired by the principal jury,
doth not go to the point in issue, or necessary consequence thereof,
but is merely collateral, as the four usual inquiries on a quare im-
podit^, there such matter may be supplied by a writ of inquiry,
without any damage to the party ; because if the same had been
inquired of by the principal jury, it would have been, as to those

« Carth. 36'2. 2 Str. 1052. 3 Biod. & Gilb. Dist. 165.
Biiig. 298. d 1 Sa!k. 205, G. Cas. letni). Hanlw. 141.

*> Cheynfifs c:i%t, 10 Co. 119. b. 1 Sid. 295.
246. T. Rayin. 124. 1 Keb. 882. 1 Salk. *= 2 Str. 1052.

206. 1 Selw. Ni. Pri. 596. f 3 Barn, & Alii. 702.

c 1 Sid. 3S0. T. Raym. ITO. 1 Vent. 40. e 3 Hrod. & Bing. 297.

2 Keb. 409. 1 Lev. 255. 2 Str. 1052. Cas. <> c^^^^gj,'^ case, 10 Co. 118.

temp. Hardw.- ^295. S. C. 2 Blac. Rep. 763.



OF THE WRIT OF INQUTRV. 623

particulars, no more than an inquest of office, upon which an attaint
will not lie'.

So, where the parties being at issue in assumpsit, a demurrer was
joined upon the evidence, and the jury discharcred, without assess-
inj? the damages ; and afterwards judgment was given for the plain-
liiT, and a writ of inquiry of damages awarded ; the court held, that
though the same jury might have assessed the damages conditionally,
yet it may as well he done by a writ of inquiry of damages, when the
demurrer is determined ; and the niost usual course is, when there is
a demurrer upon evidence, to discharge the jury without further
inquiry'".

So, in trespass or replevin against overseers of the poor, acting
virtute oJjUcii, if the plaintiff be nonsuit", or have a verdict against
him', and the jury are discharged, without inquiring of the treble
damages, pursuant to the statute 43 Eliz. c. 2. § 19. the defect may
be supplied by a writ of inquiry ; because such inquiry is no more
than an inquest of office. In such case, as a ground for awarding a
writ of inquiry, it is necessary to enter a suggestion upon the roll,
that the defendants were overseers of the poor ; and that the action
was brought against them, for something done by virtue of their
offlce^ And a writ of inquiry may be sued out, after a writ of second
deliverance, on a judgment of nonsuit in replevin, for want of a de-
claration, in the Common Pleas^.

The writ of inquiry in ordinary cases may be executed, on due
notice, before the sheriff or his deputy^; or by leave of the court, under
special circumstances, before the chief justice'' or a judge of assize, as
an assistant to the sheriff' : And where the writ of inquiry is executed
before the chief justice, or a judge of assize, it is usual to move for
the sheriff to return a good jury. The motion for this jiurpose is a
motion of course in the King's Bench, requiring only counsel's signa-
ture : In the Common Pleas, it is made in court, and the rule is abso-
lute in the first instance"*. But an inquisition taken before two
under-sheriffs extraordinary, was set aside by the court of Common

* Cartli. 362. lliis purpose must be stainjicfJ uitli a ten

•> Cro. Car. 143. shilling staiTip, by ilic statute 55 Geo. III.

<= 1 Rol. Rep. 272. 2 Rol. Rep. 112. 5 c. 184. Sched. Part II. § III.
MoJ. 76, 7. 118. Cartb. 362. 1 Saik. 203. h 12 Mod. 519. I Sir. 612. 2 Str. S5.3.

Skin. 595. Comb. 344. S. C. Harnes, 1.'55, (>. 233. 2 W'ils. 378. Arts v.

dCas, /e/np. Ilardw. 138. 2 Sir. 1021. Z)ic)ti«, H. 43 Geo. III. K. B. And for the

S. C. Say. Rep. 214. 3 Wils. 442. 2 Blac. form of the rule, and affidavit of service, sec

Rep. 921. S. C. Append. Chap. XXIM. \ 54, 5.

« Cas. <e.7J/). Hardw. 138. Say. Rep. 214- • 12 Mod. 610. Barnes, 135.

f 2 Wils. 116. k Anle, 491. 493.

8 Id. 379. And the deputation for



024 OF THE WRIT OF INQUIRY.

Pleas ; for the liiijii shcrifl'can appoint no more than one under-sheriff
extraordinary, to take an inquest*.

The notice of inquiry should be in writing''; and if the defendant
have appeared, and his attorney be known, it should be delivered ta
such attorney'^ : But if the defendant have not appeared"^, or his at-
torney be unknown^ the notice should be delivered to the defendant
himself, or left at his last place of abode : And, in a joint action, the
notice of inquiry ought to be given to both defendantSf. In country
causes, if an agent be employed, notice of inquiry, in the King's
Bench, should be delivered to the agent in town, who issues the sub-
poenas, and not to the attorney in the country"; but, in the Common
Pleas, it seems (hat it uiay be given either to the attorney in the coun-
try, or to the agent in town"". If the venue be laid in London of
Middlesex, and the defendant live within forty computed^ miles from
London, there must in general be eight days notice of inquiry, ex-
clusive of the day it is given'', and inclusive of that on which the
inquiry is executed**; which notice is also sufficient in country causes':
for the statute 14 Geo. II. c. 17. § 4. which requires ten days notice
of trial at the assizes, does not extend to notices of inquiry. But
where the venue is laid in London or Middlesex, and the defendant
lives above forty computed miles from London, there must be fow"
teen days notice of inquiry'" : And Sunday is to be accounted a day
in these notices, unless it be the day on which the notice is given". In
the Exchequer it is a rule°, that " eight days notice shall be given
of the execution of writs of inquiry, in all cases, except where the
venue is laid in London or Middlesex, and the defendants reside
nho\e Jorty miles distant therefrom ; and that where the venue is laid in
London ov Middlesex, and the defiendants reside above yorfi/ miles
distant therefrom, yburfeen days notice of the execution of writs of
inquiry shall be given" :" which notices are required to be entered by

» 2 Wils. 378. and see Barnes, 413. Pr. Common Pleas, that the notice of inquiry

Eeg. 451. S. C. might be given either to the attorney in the

b R. RJ. 4 Ann. fcj. K. B. Cas. Pr. C. country, or to the agent in town. Bell v.

P. 3. Trevera, M. 23 Geo. III. K. B.

c Say. Rep. 133. K. B. Cas. Pr. C. P. 62. *> Barnes, 305.

Pr. Reg. 276. 396. 442. S. C. Barnes, 300. > 2 Str. 954. 1216.

306. S. P. '' Sty. P. R. tit, Nolice, 421. 6 Mod. 146.

d R. T. 1 Geo. II. K. B. R. M. 1 Geo. R. M. 4 Ann. {cj. 8 Mod. 21. K. B. R. M.

11. C. P. 1654. §21. C. P.

c Say. Rep. 133. K. B. Cas. Pr. C. P. 62. 1 R. M. 1654. § 21. C. P.

Pr. Reg. 276. 396. 442, S. C, Pr. Reg, >» R, M. 4 Ann. fcJ. K. B, R, M. 1654.

126, S. P. §21,C.P.

f Pr. Reg, 443, n R. M. 4 Ann. fc). K. B. 8 Mod. 21.

g 3 East, 568. In a former case it had <> K. H. 39 Geo. III. in Scac. Man. Ex.

been ruled, agreeably to the practice of the Append. 224. 8 Price, 503, 4,



OF THE WIIIT OF inqthrv. 625

the attoriiir>s or side clerks of tlio oHico of |)lcas, in the hook of orders
kept in siieh office, and a written notice of such entries left at the
seat in the said oflice, of the attorney or clerk in court concerned for
the defendant, or at his chambers or place of residence".

The object of the statute, \u requmn^ fourteen days notice to be
given to defendants residin;; ahowc for fy miles from town, was to se-
cure to them (he full benefit of the notice for eis^ht days, part of which
tiine woidd necessarily be consumed in its reachinjr them in the
country, and in i^iviui^ them time to communicate uj)on it with their
aj^ents in town ; and therefore a defendant, who was residing at an
hotel in town, fiom the time of his arrest till he was served with
notice of executing the writ of iiupiiry, was holden not to be entitled
to more than eight days notice in a town cause, though his general
residence was above forty miles from town''. So, where the defen-
dant was residing in London, before and at the commencement of the
action, eight days notice of executing a writ of inquiry was deemed
sullk'ienl, though \he defendant had in the intermediate time per-
manently removed above forty miles from London, inasmuch as he
liad not given the plaintiff previous notice of such removals But a
<lefendant who is master of a vessel belonging to a port above forty
miles from London, and who has no regular residence on shore, is
entitled to fourteen days notice of executing a writ of incpiiry''. In
replevin, after judgment given on demurrer for the avowant, ^yVeew
days notice ol' executing the writ of inquiry must be given to the
plaintif!', in like manner as where he is nonsuited before issue
joined, on the statute 17 Car. II. c. T'. Short notice of inquiry is
two days at least*^ : And where a term's notice of trial is reciuired
there must, at the same distance of time, be the like notice of
inquiry^ : which notice may it seems be given, in the King's Bench,
before the first day in full term'' ; but in the Common Pleas, it must
be given before the essoin day of the fifth, or other subsequent term';
and, in the former court, it may be given at once, without any
])rovious notice of a general intention to proceed in the caused

In the King's Bench, when the plaintitlj u])on any pleading of
the defendant, tenders an issue, and the paper book is made up and

« R. H. 39 Geo. HI. in Scar. Man. Ex. g2 Sir. 1100. Pr. Kvj:. 4U. R. E. 13

Append. 224. 8 Price, 303, 4. Geo. II. C. P. R. T. '26 & 27 Geo. II. § .").

^ 7 East, 624. in Scac. Man. Ex. Append. 211, 12.

« 12 East, 427. '' Imp. K. B. 473.

«• f) Tannl. 430. 2 Marsh. 151 . S. C. ' R. E. 13 Geo. H. C. P.

e (■) Taunt. 57. 1 Marsh. 444. S. C. Ap- ^^ Smith v. Paul, M. 46 Geo. \U. K. B,

pRuil. Chap.XLV. § 62. 3 Smith R.lOl. S. C.

< Jiarne?, 301. Pr. Reg. 390. S. C.

2S



6-2l> OF THE WRIT OF INQUIRY.

(k'livcrod witU notice of trial, and the defendant strikes out the
similiter, and returns the book with a demurrer, if judi^ment be
given tliereon for the plaintiff, and a writ of inquiry be necessary ta
ascertain the damages, the defendant's attorney shall be obliged to
accej)t notice of executing the writ of inquiry, from the time of
giving the notice of trial''; but the plaintiff in such case ought ta
give notice of the hour and place of executing the inquiry''. In the
Common Pleas it is a rule, that " in every cause where the plaintiff
concludes to the country, and gives notice of trial u})on the back
of his pleading, if the defendant do not join issue thereon before
the rule is out, tlie defendant's attorney shall, after judgment ob-
tained, be obliged to acce])t notice of executing a writ of inquiry,
from the time that notice of trial was so given on the back of such
pleading*^ :" And it is also a rule in that court, that " where the de-
fendant demurs to the plaintiff's declaration, the defendant's at-
torney shall be obliged to accej)t notice of executing the writ of in-
quiry, on the back of the joinder in demurrer :" And where the
defendant pleads such a dilatory plea as the plaintiff is obliged to
demur to, his attorney shall accept notice of executing the writ of in-
quiry, on the back of the demurrer'* :" So, upon an issue of mil tiel
record, notice of executing a writ of inquiry may be given, in the
Common Pleas, upon the issue book, as well as upon a joinder in
demurrer^ In like manner, it is a rule in the Exchequer*, that *' in
all cases where the plaintiff concludes to the couiKry, the plaintiff's
attorney or clerk in court may give notice of trial, at the time of
delivering his replication or other subsequent pleading, in case issue
shall be joined thereon, or of executing a writ of inquiry in default
of joining issue ; which shall be deemed good notice of trial, from the
time of the delivery of such replication, or other subsequent jdeading,
in case issue shall be joined ; and if the defendant do not join issue
on such replication, or other subseqtient pleading, and the plaintiff
sign judgment for want thereof, the defendant's attorney or clerk in
court shall take notice of execuling a writ of inquiry, from the time
that notice thereof was given as aforesaid : And that in all cases
where the defendant demurs to the plaintiff's declaration, rej)lication,
or other subsequent pleading, the defendant's attorney or clerk in
court shall be obliged to accept notice of executing a writ of in-
quiry, on the back of the joinder in demurrer ; and in case the de-
fendant pleads a dilatory plea, to which the plaintiff is obliged to

" R- H. 8 Geo. I. K. B. e pr. Reg. 443-

'' ^''- (")■ ^ R. T. 26 & 27 Geo. H. § 4. i>. Scac,

c R. H. 6 Geo. I. C. P. Man. Ex. Append. 21 1.

<• R. T, 10 Geo. I. C. P.



op THE WRIT OF INdUIllY. 627

tl6iDur, the defendant's attorney or clerk in court shall he ohlijjed to
accept notice of exccutinij a writ of inquiry, on the back of such
tlemurrer."

When the inquiry is to be executed before the chief justice, or a
judge of assize, the notice should be j^iven for the sittini^s or assizes
generally^ ; but otherwise the notice should express the particular
time and place of execulinjj it''. A writ of inquiry may be executed
at any time before, or on the day it is returnable*' ; but not on a
Sunduff^ . and where the notice was to execute it hi/ ten o'clock, the
court set it aside for uncertainty^ So, in the Common Pleas, notice
of exGcutin*^ a writ of inquiry between the hours often or eleven and
two o'clock, has been deemed insufficient* ; but notice of cxccutin"- an
inquiry at eleven o'clock is good, if executed before twelve'^ : And, in
that court, where notice was given of executing a writ of inquiry on
Tuesday the fourteenth day oi' •Jamianj instant, when the fourteenth
of January fell on a Thursday, the court refused to set aside the
execution of the writ of inquiry on that ground, rejecting the word
Tuesday as surplusage''. So, where notice of executing a writ of in-
quiry was given for Wednesday i\\(^, eleventh oi June instant, when
Wednesday fell on the tenth of Jane, on which day the writ of
inquiry was executed, the court refused to set it aside, the defendant
not swearing that he was thereby mis-led'. The usual way is to give
notice that the inquiry will be executed bcttceen two certain hours'',
as between ten and ticelve o'clock in the forenoon, or betweenybur
and six in the afternoon of a particular day, on or before the return
of the writ. On a notice of inquiry so given however, the party is
not tied down to the precise time fixeil by the notice; lor the sheriff
may have prior business, which may last beyond it : Therefore,
where notice was given of executing an inquiry, between ten and
twelve o'clock, and the irregularity complained of was, that the de-
fendant and his witnesses attended till twelve, and after the hour was
elapsed, and they were gone, the writ was executed ; the court of
King's Bench refused to set aside the inquisition, conceiving it was
clearly a trick of the defendant's attorney, to leave the place imme-
diately after the hour war passed'.

' Barnes. 133, 6. Apptiul. Chap. XXIII. f Barnes, '29i), 7. Pr, Re^r 44j, S. C.



Online LibraryWilliam TiddThe practice of the Courts of King's Bench and Common Pleas in personal actions and ejectment : to which are added the law and practice of extents : and the rules of court and modern decisions in the Exchequer of Pleas (Volume 1) → online text (page 78 of 90)