low, for want of the recognizance and bail, in four days, took out an hab. fac. poff. and had poffeffion given him, which the court held to be regular. Et

the execution.

per cur. Defendant fhould have applied to stay exe- He should have cution, and the court would have obliged plaintiff to applied to stay have got his costs taxed. The writ of error is no fuperfedeas without bail. A judge would have taken bail, if applied to. Rule difcharged. Barnes 212. Betts v. Egerton.

If judgment be against an executor, or adminiftra- Executors where tor de bonis propriis, and he brings a writ of error, the judgment is de bonis propriis, he must put in bail in such cases, and pay cofts if must put in bail. judgment be affirmed; but if judgment be de bonis teftatoris only, he shall neither put in bail, nor pay cofts, 1 Lev. 245. i Sid. 368. 2 Keb. 295. 371. Com. 323. 2 Cro. 350.

In error on a judgment after verdict upon a fei. In error after fa. against bail, there must be bail to the writ of verdict on a fci. fa. against bail, error. 2 Black. Rep. 1227. Pulteney v. Townfon. there must be The fci. fa. being a perfonal action vide Barnes bail.. : 194. Held not fo if judgment be by default only.

error.

though none to

An executor may revive the judgment, but can- Executor may not take out execution, pending a writ of error, revive the judgment, pending Barnes 432. Wright v. Freweeke. Motion to ftay proceedings in debt on the Bail fhall be judgment, and that the bail bond might be delivered given in debt on up; because the defendant had brought error in the judgment, the K. B. fo that two fecurities are obtained at the original once, for the fame caufe of action, contrary to action, and Lord Ray. 47. Caufe fhewn was, that there was terri though a writ no bail to the original action; in which cafe the brought. practice is to require bail on the action on the judgment, notwithstanding the bail in error. Pract. Reg. 57. Comyn. 556. Gould, J. The reafon of this practice is, because there has never been bail given in this court. The ufage of the K. B. is different, I believe; but I think this court is right. Thefe are checks against delays, and ought not to be taken off. Rule difch. Kendal v. Carey. 2 Black. Rep. 768.

The

In cafe.

In debt,

In debt againft

an executor.

In covenant.

The forms of the different Præcipes for Originals, to warrant the Judgment by default in cafe Error is brought.

Middlefex, (f.) If John Denn make you fecure, &c. then put, &c. Richard Fenn, late of Weftminfter, in the faid county, merchant, that he be before our juftices at Westminler, on the morrow of the Holy Trinity, to fhew, For that whereas (here fet forth the whole declaration verbatim). To the faid John his damage of 50l. as is faid, &c.

London, (f.) Command Richard Fenn, late of London, merchant, That juftly, &c. he render to John Denn 100l. of lawful money of Great Britain, which he owes to, and unjustly detains from him, &c. Returnable before his Majefty's juftices at Weftminster, on the morrow of the Holy Trinity.

London, (.) Command Richard Fenn, late of London, merchant, That juftly, &c. he render to A. B. executor of the laft will and teftament of 7. K. decealed, 50%. of lawful money of Great Britain, which he unjustly detains from him, & Ret. (as before).

Middlefex, (f) Command Richard Fenn, late of, &c. that he justly, &c. perform to John Denn, the covenant made between them, according to the force, form, and effect of a certain indenture made between them. Ret. (as before).

On all præcipes quod reddat, if the fum exceeds 401. a fine is payable to the king in the following proportions:

S. d.

068

Surrey, to wit, Command C. D. late of E. in Præcipe in acthe county aforefaid, gent. That he render to F. G. count. his reasonable account, for the time which he was receiver of the money of him F. &c.

If a bailiff, then as before, to account for the If a bailiff. time in which he was bailiff of him F. in E. &c.

ceiver.

If a bailiff and receiver, then for the time which If bailiff and rehe was his bailiff in E. and receiver of the money of him, F. &c.

Somerset, to wit, Command C. D. late of, &c. In detinue. yeoman, That he render unto F. G. one mare, one cow, &c. (as the cafe requires), of the price of ten pounds, which he unjustly detains from him, &c.

Somerset, to wit, Command C. D. late of, &c. In annuity. yeoman, That he render unto F. G. col. of lawful money of Great Britain, which to him are in arrear, of a certain annual rent of 50%, which to him he owes, and unjustly detains, &c.