occupiers of open field lands

This amercement is affeered at 25s., by us,

Affeerors {L.M.} Sworn.

within this manor, in proportion to the acreage of the lands they so occupy, and that such vetches shall be mounded off by the 25th day And the homage amerce

of March

every person guilty of breach of these orders in the sum of 30s. for each offence.

IT IS ORDERED, that if any occupier of lands within this manor shall turn more than two horses upon the commons in respect of each yardland he shall so occupy, he shall pay to the fieldsman the sum of 10s. for each This amercement is affeered horse exceeding the above stated number, and the homage amerce every person guilty of a breach of this order in the sum of 258.

at 20s., by us,
SR. S.

Affeerors Sworn.
{I. W. }
{

for every offence.

At this court the homage ratify and confirm all orders and by-laws made or confirmed at the last court, and not revoked or altered at this court.

(Proceedings in court baron by plaints of debt, detinue, &c.)

The bailiff is to make further proclamation, thus:-" If any persons will enter any plaints at this court, let them come forth and they shall be heard."

Should any persons appear, the steward will enter their plaints after the following manner, leaving a sufficient space to insert appearances, defaults, &c.

A. B. complains of C. D. of a plea of debt, 39s. 11d.

E. F. complains of G. H. of a plea of trespass on the case to his damage of 38s. 10d.

G. H. complains of I. K. of a plea of detinue of goods and chattels, to the value of 28s. (r)

Then call the plaintiff three times, thus:

"A. B. appear, or you lose your plaint."

If the plaintiff appear by his attorney, enter the warrant of attorney, viz., place the name of the attorney over the name of the plaintiff.

Then call the defendant three times, thus:

"C. D. appear and answer to A. B. in an action of debt [or trespass, &c.]" and if the defendant has been summoned, and his goods attached

(r) See as to what actions do and do not lie in court baron, ante, pt. 3, pp. 601,

602.

for neglect, add," or you forfeit your goods distrained (s), and further process will be awarded against you."

If the defendant appear, enter such appearance after the plaint, viz., C. D. appears.

NOTE. The plaintiff hath time to declare until the next court day after the defendant's appearance, and the defendant may imparl until the court day following, when he is to plead (t).

If, after the first process of summons is executed, the defendant appear, and the next court day after give a rule to declare, and the plaintiff do not file his declaration within the time, then upon such default the plaintiff is nonsuited, and the defendant may have his costs to be taxed by the steward, for which taxing there is nothing due to the steward, but he receives 2s. for entering the judgment, and 2s. more for the execution (u).

If the action is not brought to issue the plaintiff must enter a continuance, so as to continue the suit from court day to court day, or the defendant may take advantage of it (x).

And the court may give a further day to the plaintiff to declare, or to the defendant to plead, which is usually till the next court day, or fourteen days beyond.

When the defendant has pleaded, if the plaintiff join issue thereupon, they may proceed to trial the next court day, should they not proceed further by replication, rejoinder, sur-rejoinder, rebutter, sur-rebutter.

If the parties be at issue, the steward will send out a venire facias to the bailiff to summon a jury (y).

(s) Ante, pt. 3, p. 627. The author has there shown that the defendant's appearance is to be compelled by distress infinite; and that sometimes by custom a venditioni exponas is awarded, after the third attachment for sale of goods distrained on non-appearance.

(t) It might be considered quite a waste of time to enter fully into the rules of pleading in a work of this nature, especially as in every case of difficulty the practitioner would feel it to be his duty to consult the able treatises of Wentworth, Tidd, Lawes, Stephen, Chitty, and other eminent special pleaders. The author proposes therefore only to offer a few ordinary precedents of declarations, &c., in a suit in the court baron.

[Vide the rules of court on practice and pleading to Hil. Vac. 2 Vict.]

have costs against the defendant, there if the plaintiff be nonsuit, or a verdict pass against him, the defendant shall have his costs, as in debt, trespass, covenant by specialty or upon contract, actions upon the case or upon the statute for personal wrongs. But executors or administrators shall not pay costs, either upon nonsuit or verdict, because their actions are not founded upon debts or contracts made to themselves but if they bring actions for things done to themselves, as for taking away of goods from them, &c., and they be nonsuit, or verdict be against them, in such case they shall pay costs."

(x) Vide the new rules of court on practice and pleading as above.

(y) But the trial by jury in matters of a personal nature requires the consent of the parties, or a prescription. Ante, pt. 3, p. 627.

(u) Scroggs, pp. 204, 205, who says, "In every case where the plaintiff may

When the panel is returned, enter on the head thereof thus:

Jurors between A. B. plaintiff and C. D. defendant, in a plea of debt [or trespass, &c.]

And when the jury attend at the bar, bid the bailiff make proclamation thus:

"You good men who are here impanelled to try the issue between A. B. plaintiff and C. D. defendant, answer to your names, every man as he is called, upon the pain and peril that shall fall thereon (z)."

If twelve appear, then swear them one by one in this manner:

"You shall well and truly try the issue joined between the parties [or between A. B. plaintiff and C. D. defendant], and a true verdict give according to the evidence: So help you God." And enter by every man's name, as he is sworn, sw.; and being all sworn, bid them stand together and hear the evidence.

Then call the witnesses, and as they appear to give evidence, administer the following oath :

"The evidence you shall give to this inquest touching the matter in variance shall be the truth, the whole truth, and nothing but the truth: So help you God."

After all the evidence is given, let the jury withdraw to agree upon their verdict; and when they return into court, the bailiff is to call them over, every man answering to his name.

The steward will then ask if they are agreed on their verdict, to which they reply by their foreman "Yes."

And upon the plaintiff's appearance, say to the jury,

"Do you find for the plaintiff, and in what damages, or for the defendant?"

Suppose the jury to reply, "For the plaintiff, damages 30s.," then say, "Hearken to your verdict: You find for the plaintiff, and assess damages 30s., and costs of suit 12d.; and so you say all."

(z) Challenges are allowed to the ju- Scroggs, p. 242; Kitch. p. 178. rors, as in the courts at Westminster. See

The jury reply "Yes." Then bid the plaintiff pay the jury, and so enter the verdict.

[NOTE. If the verdict find matter incertainly, it is insufficient, and no judgment ought to be given thereupon, as if an executor pleads plene administravit, and issue is joined thereupon; and the jury find that the defendant hath goods in his hands to be administered, but do not find of what value.

So a verdict that finds part of the issue, and finds nothing for the residue, is insufficient for the whole, because they have not tried the whole issue wherewith they stood charged; but if the jury give a verdict of the whole issue, and of more, that which is more is surplusage only, and shall not stay judgment].

The whole business of the court being concluded, command the bailiff to make proclamation thereof (see ante, p. 1147). [Or, in case a day is already fixed on for the succeeding court, let him say,]

"Oyez, Oyez, Oyez.

"All manner of persons who have more to do at this court, come forth, and you shall be heard; otherwise all persons may depart hence, keeping their hour here, viz. of the clock of the forenoon, on the

day

N. B.-After the court is ended, the defendant being condemned by verdict, and judgment entered as aforesaid, a fieri facias shall be awarded to levy the debt, costs and damages on the defendant's goods, which are to be taken by virtue thereof, and may be appraised and sold (a) to satisfy the plaintiff. And if the defendant hath not any goods whereupon levy may be made, the plaintiff is without remedy in this court, it being no court of record, and no capias lying therein (b); but the plaintiff might bring an action of debt at common law, and declare upon the judgment recovered in the court baron.

(a) Scroggs, p. 200. But it would seem be sold; see the authorities, ante, pt. 3, to be by custom only that the goods could p. 628.

(b) Ante, pt. 3, pp. 601, 628.

FORMS OF PRECEPTS AND PROCESSES IN THE
COURT BARON.

(Warrant of attorney to appear.)

I, C. D., do hereby desire and authorize you to appear for me in the court baron of A. Z. esquire, lord of the manor of in the county

detinue, &c.,] at the suit of A. B.: And for your so doing this shall be your sufficient warrant. In witness, &c.

(Condition of bond for the defendant's appearance.)

The condition, &c. is, that if the above-bounden C. D. do appear at the next court, to be holden at, &c., to answer to A. B. in an action of debt, &c., and do also stand to such order as the court in that behalf shall adjudge according to law, then this present obligation to be void, &c.

Manor of

(Summons to appear.)

J. S steward, to W. Y., bailiff of the aforesaid manor, greeting: I command you to summon C. D., so that he be at the next court to be held at next, to answer A. B. of a plea of debt, [or of detinue, &c. ;] and this, &c. Dated, &c.

on

the day of

(Distringas.)

The manor of, &c., J. S. steward, to W. Y., bailiff of, &c.

Because A. B. complains against C. D. of a plea of debt, [or of detinue, &c.,] and has found pledges to prosecute, &c., I command you to distrain the said C. D., by all his goods and chattels, to answer to the said A. B. in the plea aforesaid, at the next court there to be held, on the day

Dated, &c.

and have you there this precept, and in what manner, &c.

(Second [or third] distringas.)

The manor of, &c., J. S. steward, to W. Y. bailiff of, &c.

I command you to bring to the next court to be held in and for the said manor on the day of all the goods and chattels of C. D., which you distrained by virtue of the precept to you in that behalf heretofore directed at the suit of A. B., in a plea of debt, [or of detinue, &c.]; and that you further distrain the aforesaid C. D. by other his goods and chattels, so that he be at the said court, to be held, &c., to answer the aforesaid A. B. in his aforesaid plea of debt, [or detinue, &c.]; and have there this precept. Dated, &c.