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error, staid.

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error,

of error is depending, you cannot proceed against
the bail. Ibid. 83. Derisley v. Deland.

Defendant moved to stay proceedings against bis Proceedings -
bail pending a writ of error, plaintiff insisted that gainft bail pendo
the bail ought to give judgment, and that execution ing a writo
only should stay : But per cur. the bail ought not
to be precluded from surrendering the principal ;
and therefore let all proceedings be staid pending
the writ of error. Barnes 66. Newman v. But-
terworth, Cooke's Rep. 112. S. C. Praet. Reg. 82.
S. C.

The course of the court in an action of debt, If the action be on upon the judgment pending a writ of error, is not judgment pending to stay proceedings till the writ of error is determined, unless the defendant will give judgment; but in an action upon the recognizance of bail, it is otherwise, for after judgment the bail will be deprived of the opportunity of surrendering the defendant. Newman v. Butterworth. Pract. Reg. 82. Cooke's Rep. 112. S. C.

Proceedings were staid in an action of debt, The like without brought upon a recognizance of bail, pending a giving judgment. writ of error, without defendant's giving judgment, because thereby the defendant would be precluded from a surrender, which is not reasonable. Barnes 68. Clarke v. Baker.

Plaintiff recovered judgment, defendant brought Pending error error, pending which, plaintiff brought an action action brought on of debt on the judgment, and after judgment there. after judgment, on, levied. Per. cur. The defendant might have execution; court moved the court to stay proceedings in the action would not set it on the judgment, pending the writ of error, which dant might have is always granted; but having made no such ap- applied in time, plication, judgment regular. Barnes 202. Humphreys v. Daniel. Ibid. 203.

Plaintiff brought an action on the case against Bail to a&tion on defendant, who appeared, and plaintiff recovered judgment; judge judgment, and then brought debt on the judgment, fendant, and writ and held defendant to bail, and recovered a second against bail, before judgment. After a ca. fa. returned against the return, proceed

principal, said, pending

ings against bail

error to reverse

the firft judge principal, and before the return of the writ, in an ment, consenting action of debt upon the recognizance, against the to give judgmente

bail in the second adion, the court was moved to stay. the proceedings on the recognizance, pending a writ of error to reverse the first judgment; and upon the bail's consenting to give judgment in the actions brought against them, the rule to stay proceedings was made absolute. Barnes 86. GotéIsw v. Wright.

Ponpros.

Nonpros.

For not declaring

T

HE nonpros is a default or negle&t of the In what time a plaintiff in not following his suit, and in the nonpros may be

figned for want of nature of firial judgment.

a declaration. By rule Hil. 9 Ann. Reg. 3. It is ordered, “ That upon all process returnable the first or any other return in any term, the plaintiff shall have liberty to the end of the next ensuing term, to deliver his declaration to the defendant's attorney, or of leaving the same in the office ; and the defendant's attorney having entered his appearance with the proper officer, as of that term in which the process is returnable, and at the end of the ensuing term, or in four days after the end thereof, having given a rule to declare in the proper office, and having called on the plaintiff's attorney, if he can be found, the defendant, any time in the vacation of such ensuing term after the rule for declaring is out, may sign his nonpros for want of a declaration, and not afterwards, and the plaintiff shall not, without the leave of the court, have any longer time to declare in than as abovesaid, other than the time to be limited by the defendant's rule.”

But where the defendant, at the end of the No rule being fecond term, does not speed the plaintiff to declare given, plaintiff sooner by giving a rule to declare, he has till the day of the 3d term

hastill the eßoign efloign day of the third term, to deliver or file bis tu declare, declaration. Stewart v. Harding. Cooke's Rep. 12. Praet. Reg. 121. S. C.

If the defendant wishes to compel the plaintiff How to compel to declare, he may give a rule with the secondary plaintiff to de. for that purpose, within four days after the end of the second term, which expires in four days, pay Is, 10d, and demand a declaration of plaintiff's

attorney,

attorney, and for want thereof may sign judgment.

If the plaintiff lias obtained time to declare and does not deliver his declaration, or file the same in the time allowed, the defendant may sign a nonpros, without further notice. Towers v. Powell. H. Black. Rep. 87.

The rule.
Demand.

In the Common Pleas.

Denn v. Fenn. Rule to declare, Denn v. Fenn. The defendant demands a declaration in this cause by yours, &c.

C. K. Defendant's Attorney.

Muft be made on A demand of declaration must be made on the the agent.

agent in town, and not of country attorney. Barnes

30. Ellwood v. Ellwood. May bave fure

If the plaintiff thould not be able to declare with ther time by rule, in the time limited, he may, on the last day of the

second term, get a side bar rule from the secondaries, for further time, till the first day of the next term ; pay 45. serve copy on defendant's atrorney, or the plaintiff's attorney may take out a judge's fummons for that purpose, serve it, and on attendance the judge will grant him an order there

on, pay 25. If writ is joint, If the writ is joint, and the appearance several, and separate ap-, the plaintiff cannot sign several nonpros's, as there sign several non. ought to be but one. Comyns 74. Salk. 455.

If defendant removes the cause by habeas corpus, Cannot nonsoit

he “cannot nonsuit the plaintiff for not declaring, plaintiff for not declaring after re

the plaintiff is not bound to follow him ; but moval by ba, co:p. he must declare within two terms after the re

moval, nor can he be nonprossed after outlawry re

served. Yer v. Cawley. Pract. Reg. 271. How to siga non- Enter on a double half crown stamp paper the pros.

nonpros, file defendant's warrant of attorney with
the clerk of the warrants, who will mark the judge
ment-paper, pay 8d. take it to prothonotaries, pay
75. 4d. for signing
2

Middlesex,

pros's.

as

Middlesex, (fl.) Richard Fennt, who sued out bis Entry of a nonMajesty's writ against John Denn, late of, &c. of pros for not dea plea of trespals, doth not further prosecute the claring. fame: Therefore it is considered by the court Judgment. that he and his pledges for the prosecution be in' mercy, &c. The names of the pledges are John Doe, and Richard Roe; and the faid John is there. upon from hence for ever discharged without a day, &c. It is also considered, that the said John recover against the said Richard 335. 4d. by the discretion of the justices of the Lord the King here, according to the form of the statute in such case made and provided, at his request adjudged to him, for his costs and charges sustained by him about his defence in this behalf, &c. N. B. 335. 4d. are the common costs allowed; if you have any extra's, such as bail above, &c. the prothonotaries will tax the costs, and the above form will suit a bailable action; and an ac.ion can be maintained in this court on the judgment, Cro. Eliz. 96. i Wilf. 316. i Leon. 316. though the costs are

under 405.

Nonpros

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