&c. Nonpros for not Replying, TH &c. For not replying,HE plaintiff may be nonproffed at any flage of the fuit, 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 iffue, when ferved with a rule for that purpose, which is a final judgment, and figned on a double 2s. 6d. ftampt paper (for the forms of thefe judgments, fee 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, fo as to warrant the prothonotaries clerk to fign it. When defendants fever in plear, plaintiff If the defendants fever in their plea, the plaintiff may, at any time, before the record is fet down may enter a non- for trial, enter a nonpros against one or more of pros, against one. them. Salk. 457. A nolle profequi may be entered as to a defendant who ought not to have joined. 306. Dale v. Eyre and others. 1 Wilf. Proceedings Proceedings by Attornies. Fan attorney fues by original, he waives his privilege; or if he fues in another's name, he does the fame. Therefore, if he means to fue as a privileged perfon, the firft procefs is an attachment, which must have fifteen days between the tefte and return, it being in the nature of an original writ; and a præcipe must be left with the prothonotaries at the time of figning, or it may be quashed, 2 Black. Rep. 919. Frogatt v. Tapfcote, and it is of no force, unlefs figned by the clerk of the warrants before fealed. No attachment of privilege to be fealed unless the Every attachfame be first stamped or figned by the clerk of the ment of privilege to be figned by warrants of this court, or his deputy, for which no the clerk of the fee is to be paid, to the intent to shew that such warrants. perfon is an attorney of this court duly entered and continued on the roll of attornies; and if not figned by the clerk of the warrants or his deputy, the fame hall be of no force, or require bail. R. T. 9 W. 3. Every attorney who fhall fue out any attachment Præcipe to be of privilege against any defendant, fhall leave a left with the præcipe 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 fues out the fame. R. Hil. 11 Geo. 2. George the Third, &c. To the fheriff of Mid- Attachment of dlefex, greeting: Attach Richard Fenn, so that you privilege. may have him before our juftices at Westminster, on Wednesday next after 15 days of Eafter, to anfwer John Denn, Gentleman, one of the attornies of our court of the Bench, according to the liberties and privileges of the fame court, for fuch attornies and other minifters of the fame Bench, from time out of mind, ufed and approved of in the fame, of a plea of trefpafs (as the action is) and have you. There is no there this writ. Witnefs Alexander Lord Loughbo- ac-etiam to be put in this writz if you hold de fendant to bail, rough, at Westminster, the 12th day of February, in the 30th year of our reign. exprefs the ture of the action as in a plea of debt, trefpafs on the cafe, &c. 2 Wilf. 393. Præcipe. writ. J. Denn in perfon, 26th March, 1790. Indorfe the fum fworn to (if bailable), and the attorney's name who fues out the writ, and the year and day it is figned; a præcipe is to be made in this manner : Middlefex, attachment of privilege for John Denn, Gent. one, &c. against Richard Fenn, cafe returnable on Wednesday next after 15 days of Eafter. Denn in perfon. Affidavit for 271. 135. 6d. How to fign the Take the præcipe and writ to the prothonotaries clerk, who will fign the writ, and keep the præcipe; pay nothing for figning. Get it marked by the clerk of the warrants before it is fealed; pay nothing, unless in arrear for termages; fealing 1d. 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 fheriff for a warrant, pay 4d. in Middlefex and London. How to appear. Common Appearance, and putting in Bail. IF the attachment requires only a common appearance, it must be entered with the prothonotaries, -and a memorandum on a 2s. 6d. ftamp filed, a præcipe is required, pay 3s. 10d.; and if it requires fpecial bail, Mr. Sherwood prepares the bail-piece (or you may prepare it yourself), which is done on a 25. ftampt parchment, the form of which is as follows: Eafter Eafter Term, 30th Geo. 3d. Bail Middlefex, Attachment of privilege for J. B. gentleman, one, Returnable on Wednesday next after 15 days of Eafter. Each of the bail in 55%. 75. S. T. Defendant's Attorney. Bail in double the fum fworn to, if principal does not appear: Bail-piece on an attachment of privilege. Mr. Sherwood attends the judge, or the court when the recognizance of bail is entered into, and the bail juftify, or fresh bail is added, in the fame manner as the filacer does on mefne process. Give notice in the fame manner of being put in, exception and juftification; thofe forms will do for this; pay Mr. Sherwood 75. 4d. The declaration is to be ingroffed on treble Id. Declaration, ftampt paper, the form of which is as follows: Hilary Term, in the 30th year of the reign of Declaration at King Geo. the 3d. the fuit of an attorney. Middlefex, (to wit,) Richard Fenn, late of Westminfter, in the faid county, plumber, was attached by a writ of our Lord the King of privilege iffuing out of the court here, to answer to John Denn, gentleman, one of the attornies of the court of our Lord the King of the Bench here, according to the liberties and privileges of the fame court for fuch attornies, and other minifters of the fame Bench, time out of mind, ufed and approved in the fame, of a plea of trefpafs on the cafe, &c. And whereupon the faid John Denn, in his proper perfon, complains, That whereas, (the reft as in common cafes) only you muft add pledges to profecute. Vide title Declaration. The want of pledges cannot be taken advantage The want of of in error in this cafe, but the court feemed to pledges cannot think it might on demurrer. How v. Denin. 2 Wilf. 142. though Barnes 163. is to the contrary. Littlebales one, &c. v. . v. Bofanquet. For pledges are upon be taken advantage of in error. When defendant muft plead. Inquiry. Ca, fa. An attorney taken upon a ca, fa. on a nonfuit for cofts the writ, and may be found any time before judg ment. If an attorney delivers or files his declaration, and gives notice thereof four days exclufive of the end of the term in which the process is returnable, the defendant muft plead the fame term, if rule to plead be given, and plea demanded. And the proceedings upon attachment of privilege is with refpect to delivery of the declaration and rule to plead, as in common cafes. And if an inquiry is executed, the form only differs in this. George the Third, &c. To the theriff of Middlefex, greeting: Whereas Richard Fenn, late of, c. was attached by our writ of privilege iffuing out of our court here, to be before our juftices at Westminster to answer John Denn, one of the attor nies, &c. (the fame as in the declaration) in a plea, For that whereas (here fet forth the whole declaration), to the faid John Denn, his damage of 50l. as it is faid, 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 writ returnable on a day certain, inftead of a general return day). George the Third, &c. To the theriff of Middlefex, greeting: Attach Richard Fenn, so that you may have him before our juftices at Weftminster, OR Wednesday next after 15 days of Eafter, to fa tisfy John Denn, gentleman, one of the attornies of our court of the Bench here, 50l. which were adjudged to the faid John, in our fame court, before our juftices at Westminster, for his damages, which he had fuftained, by occafion of a certain trefpaís on the cafe, done to the faid John at Westminster, in your county, whereof he is convicted; and have you there this writ. Witness Alexander Lord Loughbo rough, at Westminster, the 12th day of February, in the 30th year of our reign. Pay figning at the prothonotaries 4d. seal 7d. An attorney having fued by his attachment of privilege was nonfuited and taken in execution for the |