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Ponpros for not Replying,

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For not replying, HE plaintiff may be nonprossed at any ftage &c.

of the suit, for not complying with the rules of the court, viz. for not replying to the defendant's .plea, not furrejoining to his rejoinder, not entering the issue, when served with a rule for that purpose, which is a final judgment, and signed on a double 25. 6d. ftampt paper for the forms of these judgments, see title Judgments). N. B. The warrants of attorney must be filed; and there is only an incipitur of the declaration first entered on the judgment paper, so as to warrant the prothono

taries clerk to sign it. When derend. If the defendants sever in their plea, the plaintiff ants sever in pleas, plaintiff may, at any time, before the record is set down may enter a non

on- for trial, enter a nonpros against one or-more of pros, against one. them. Salk. 457.

A nelle profequi may be entered as to a defend. ant who ought not to have joined. 1 Will. 306. Dale v. Eyre and others.

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Proceedings by Attornies.
IF

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F an attorney fues by original, he waives his

privilege ; or if he sues in another's name, he does the fame. Therefore, if he means to sue as a privileged person, the first process is an attachment, which must have fifteen days becween the tefte and return, it being in the nature of an original writ; and a precipe must be left with the prothonotaries at the time of figning, or it may be quashed, 2 Black. Rep. 919. Frogatt v. ST apscote, and it is of no force, unless figned by the clerk of the warrants before sealed.

No attachment of privilege to be sealed unless the Every attache fame be first stamped or figned by the clerk of the ment of privilege warrants of this court, or his deputy, for which no the clerk of the fee is to be paid, 'to the intent to thew that such warrants. person is an attorney of this court duly entered and continued on the roll of attornies; and if not signed by the clerk of the warrants or his deputy, the same Thall be of no force, or require bail. R. T. 9 W. 3.

Every attorney who shall sue out any attachment Præcipe to be of privilege against any defendant, shall leave a left with the

. precipe at the prothonotaries office with the de prothonotary. fendants names, not exceeding 4 in the whole, with the return day thereto, and the day of figning, together with the agent or attorney's name who sues out the same. R. Hil. 11 Geo. 2.

George the Third, &c. To the sheriff of Mid- Attachment of dlesex, greeting : Attach Richard Fenn, so that you

privilege. may have him before our justices at Westminster, on Wednesday next after is days of Easier, to answer John Denn, Gentleman, one of the attornies of our court of the Bench, according to the liberties and privileges of the same court, for such actornies and other ministers of the same Bench, from time out of mind, used and approved of in the same, of a plea of trespass * (as the action is) and have you • There is no there this writ. Witness Alexander Lord Loughbo- ac-etiam to be 3

rough,

put in this writ; if you hold de.

fendant to bail, rough, at Weftminster, the 12th day of February, in express the na.

'the 30th year of our reign. ture of the acrion as in a plea

7. Denn in person, 26th March, 1790. of debt, wespass Indorse the sum sworn to (if bailable), and the on the case, &c, 2 Wilf. 393.

attorney's name who sues out the writ, and the year and day it is figned ; a precipe is to be made in

this manner : Præcipe.

Middlesex, attachment of privilege for John Denn, Gent. one, &c. against Richard Fenn, care returnable on Wednesday next after 15 days of

Eafter. Denn in person. Affidavit for 271. 135. 6d. How to fign the. Take the precipe and writ to the prothonotaries

clerk, who will fign the writ, and keep the precipe ; pay nothing for signing. Get it marked by the clerk of the warrants before it is sealed; pay nothing,

unless in arrear for termages ; fealing id. If the If not bailable. attachment is not bailable, a copy must be served

on defendant, with an English notice as for a capias : but if bailable, you must apply to the sheriff for a warrant, pay 4d. in Middlesex and London.

writ.

Common Appearance, and putting in Bail.

How to appear.

If the attachment requires only a common appearance, it must be entered with the prothonotaries, and a memorandum on a 25. 6d. ftamp filed, a precipe is required, pay 3s. jod.; and if it requires special bail, Mr. Sherwood prepares the bail-piece (or you may prepare it yourself), which is done on a 2s. Itampt parchment, the form of which is as follows:

Easter

Bail-piece on an attachment of privilege

Eafler Term, 30th Geo. 3d.
Middlesex, Attachment of privilege for 7. B. gentleman, one,

& c. againft S. S. in a plea of trespals on the case. Bail

for 271. 135. 6d.
Returnable on Wednesday next after 15 days of Eafler,

The bail ane T. D. of, &c. glover, and y. Gi of,
&c, broker.

Each of the bail in 551.75.
S. T. Defendant's Attorney.
Bail in double the sum sworn to, if principal does not appear :

If he does, then in the sum sworn to.

Mr. Sherwood attends the judge, or the court when the recognizance of bail is entered into, and the bail justify, or fresh bail is added, in the same manner as the filacer does on mesne process. Give no: tice in the same manner of being put in, exception and justification ; those forms will do for this į pay Mr. Sherwood 75. 4d.

The declaration is to be ingrossed on treble id. Declaration, Itampt paper, the form of which is as follows: Hilary Term, in the 30th year of the reign of Declaration at

the suic of an King Geo. the 3d.

attoracy. Middlesex, (to wit,) Richard Fenn, late of Westminster, in the said county, plumber, was attached by a writ of our Lord the King of privilege issuing out of the court here, to answer to John Denn, gentle. man, one of the attornies of the court of our Lord the King of the Bench here, according to the liberties and privileges of the same court for such astornies, and other ministers of the same Bench, time out of mind, used and approved in the same, of a plea of trespass on the case, &c. And whereupon the said John Denn, in his proper person, complains, That whereas, (the rest as in common cases) only you must add pledges to prosecute. Vide title Declaration.

The want of pledges cannot be taken advantage The want of of in error in this case, but the court seemed to pledges cannot

be taken advan. think it might on demurrer. How v. Denin. 2 Wilj.

tage of io error, 142. though Barnes 163. is to the contrary. Littlebales one, &c. v. Bofanquet

. For pledges are upon

the writ, and may be found any time before judg

ment. When defendant If an attorney delivers or files his declaration, muft plead, . and gives notice thereof four days exclusive of the

end of the term in which the process is returnable, the defendant must plead the same term, if rule to plead be given, and plea demanded. And the proceedings upon attachment of privilege is with respect to delivery of the declaration and rule to plead, as in common cases. And if an in

quiry is executed, the form only differs in this. Inquiry, George the Third, &c. To the theriff of Mid.

dlesex, greeting : Whereas Richard Fenn, late of, &c. was attached by our writ of privilege issuing out of our court here, to be before our justices at Wilminster to answer Yohn Dern, one of the attornies, &c. (the same as in the declaration) in a plea, For that whereas (here set forth the whole declaration), to the said John Denn, his damage of sol. as it is said, and it was in such manner proceeded in our faid court of the Bench, that (here go on as in a common inquiry, making the writreturnable on a day certain, instead of a general return

day). Ca, fa.

George the Third, &c. To the theriff of Middle. sex, greeting : Attach Richard Fenn, so that you may have him before our justices at Weftminster, on Wednesday next after 15 days of Eafter, to fatisfy John Denn, gentleman, one of the attornies of our court of the Bench here, sol. which were adjudged to the said Jobn, in our fame court, before our justices at Westminster, for his damages, which he bad sustained, by occasion of a certain trespass on the cale, done to the said John at Westminster, in your county, whereof he is convicted ; and have you there this writ. Witness Alexander Lord Loughborough, at Westminster, the 12th day of February, in the 30th year of our reign. Pay signing at the pro

thonotaries 4d. seal 7d. An attorney An attorney having sued by his attachment of taken upon a

privilege was nonsuited and taken in execution for ca, sa. on a nonsuit for cofts

che

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