APPENDIX.

No I.

$1.-Notice of Motion to put off a Trial for the Absence

In the King's Bench.

of a Witness.

A. B. plaintiff, and C. D. defendant.

Take notice, that this honourable court will be moved on, &c. or so soon after as counsel can be heard, that the trial of this cause may be put off until next term, on account of the absence of a material witness on the part of the defendant, and in the mean time all further proceedings be stayed.

To Mr. E. F. plaintiff's

attorney.

Your's, &c.

G. H. defendant's attorney.

§2.-Affidavit in Support of Motion to put off Trial for the Absence of a Witness.

In the King's Bench

A. B. plaintiff,

and

C. D. defendant.

C. D. of, &c. the defendant in this cause, maketh oath and saith, that issue was joined in this cause in term last past, and that notice was given for the trial thereof at the sitting within (or at the sittings after) the said term: And this deponent further saith, that E. F. late of, &c. is a material witness for him this deponent in the said cause, as he is advised and believes, and that he cannot safely proceed to the trial thereof without the testimony of him the said E. F. And this deponent further saith, that in consequence of the notice of trial so given as aforesaid, he this deponent caused inquiry to be made, &c. (stating the nature and result of the inquiry made after the witness, and the time when he is likely to attend.)

No. II.

Demurrer to Evidence and Joinder*.

"Afterwards on the day, and at the place within contained, before Sir G. W. Knight, one of the barons of our lord the king, of For form of plea puis darrein continuance, see ante, p. 128.

his Court of Exchequer at Westminster, Sir J. B. knight, one of the justices of our said lord the king, assigned to hold pleas in the court of our said lord the king, before the king himself, and others their fellows, justices of our said lord the king, assigned to take the assizes in and for the city of W--in the county of the same city, according to the form of the statute, &c. come as well the withinnamed A. B. esq. as the within-named C. D. esq. by their attornies within-named. And the jurors of the jury, whereof mention is within made; that is to say R. L. &c. being called likewise come, and being chosen, tried, and sworn to say the truth of the premises within contained; as to the first issue between the parties within joined, say, that the said C. D. is guilty of the trespass within complained of, in manner and form as the said A. B. hath above complained; and they assess the damages of the said A. B. by reason thereof to sixpence. And as to the issue lastly within joined between the said parties, the said C. D. shews in evidence to the jury aforesaid, to prove and maintain the issue lastly within joined on his part by one witness, That" (so state the evidence)" And the said A. B. says, that the aforesaid matter to the jurors aforesaid, in form aforesaid shewn in evidence by the said C. D. is not sufficient in law to maintain the said issue lastly within joined, on the part of the said C. D., and that he, the said A. B., to the matter aforesaid, in form aforesaid shewn in evidence, hath no necessity, nor is he obliged by the laws of the land to answer; and this he is ready to verify: Wherefore for want of sufficient matter in that behalf shewn in evidence to the jury aforesaid, the said A. B. prays judgment, and that the jury aforesaid may be discharged from giving the said issue; and that his damages by reason any verdict upon of the trespass within complained of, may be adjudged to him, &c."" And the said C. D.*, for that he hath shewn in evidence to the jury aforesaid, sufficient matter to maintain the issue lastly within joined, on the part of the said C. D. and which he is ready to verify; and for as much as the said A. B. doth not deny, uor in any manner answer the said matter, prays judgment; and that the said A. B. may be barred from having his aforesaid action against him, and that the jury aforesaid may be discharged from giving their verdict upon the issue lastly joined, &c. Wherefore let the jury aforesaid be discharged by the court here, by the assent of the parties, from giving any verdict thereupon."

No. III.

Bill of Exception.

"Be it remembered, that in the term of the Holy Trinity, in the -year of the reign of our sovereign lord George the 3d, now king of Great Britain, and so forth, came A. B. by his attorney, into the court of our said lord the king of the Bench at Westminster, and impleaded C. D. E. F. and G. H. in a certain plea of trespass, on which the said A. B. declared against them, That" (set out the

* Joinder.

declaration and other pleadings,) "And thereupon the issue was joined between the said A. B. and the said C. D. E. F. and G. H.; and afterwards, to wit, at the sittings of Nisi Prius held at the Guildhall of the city of London aforesaid, in and for the said city, before the right honourable E. Ld. E. Chief Justice of our said lord the king of the Bench at Westminster, T. S. esq. being associated to the said chief justice, according to the form of the statute in such case made and provided; on the -day of in the year of the reign of our said lord the present king, the aforesaid issue so joined between the said parties as aforesaid, came to be tried by a jury of the city of London aforesaid, for that purpose duly empannelled, that is to say, I. K. and L. M. &c. good and lawful men of the said city of London; at which day came there as well the said A. B. as also the said C. D., E. F., and G. H., by their respective attornies aforesaid. And the jurors of the jury aforesaid empannelled to try the said issue being called, also came, and were then and there in due manner chosen and sworn to try the same issue; and upon the trial of that issue the counsel learned in the law for the said A. B. to maintain and prove the said issue; on his part gave in evidence, That" (So set out the evidence on the part of the plaintiff, and then set out the evidence on the part of the defendants, and then proceed as follows) "Whereupon the said counsel for the said defendants did then and there insist before the chief justice aforesaid, on the behalf of the defendants above-named, that the said several matters so produced and given in evidence on the part of the said defendants as aforesaid, were sufficient, and ought to be admitted and allowed as decisive evidence, to entitle the said defendants to the benefit of the statute made in the 24th year of the reign of his late majesty King George the second, entitled, an act for rendering justices of the peace more safe in the executions of their office, and for indemnifying constables and others, acting in obedience to their warrants; and that therefore the said A. B. ought to be barred of his aforesaid action, and the said defendants acquitted thereof, and thereupon the said defendants, by their counsel aforesaid, did then and there pray of the said justice to admit and allow the said matters and proof so produced and given in evidence for the said de-. fendants aforesaid, to be conclusive evidence to entitle the said defendants to the benefit of the statute aforesaid, and to bar the said A. B. of his actiou aforesaid. But to this, the counsel learned in the law, on behalf of the said A. B., did then and there insist before the chief justice aforesaid, that the matters and evidence aforesaid, so produced and proved on the part of the said defendants as aforesaid, were not sufficient, nor ought to be admitted or allowed to entitle the said defendants to the benefit of the statute aforesaid; or to bar the said A. B. of his aforesaid action, and that neither the said defendants, or any of them, nor the said Earl of H., were or was within the words or meaning of the statute made in the seventh year of the reign of his late majesty King James the first, entitled, an act for ease in pleading against troublesome and contentious suits, prosecuted against justices of peace, mayors,

constables, and certain other his majesty's officers, for the lawful execution of their office, nor of the statute made in the 21st year of the reign of the same late king, entitled, an act to enlarge and make perpetual the act made for ease in pleading against troublesome and contentious suits prosecuted against justices of the peace, mayors, constables, and certain other his majesty's officers, for the lawful execution of their office, made in the seventh year of his majesty's most happy reign; nor of the said statute made in the 24th year of the reign of his late majesty King George the second; nor in any way entitled to the benefit of any of these statutes: And the counsel for the said A. B. further insisted, that the seizure and imprisonment of the said A. B. were not made or done in obedience to the said warrant, nor have the said defendants, or any of them in that behalf, any authority thereby. And the said chief justice did then and there declare and deliver his opinion to the jury aforesaid; that the said several matters so produced and proved on the part of the defendants were not upon the whole case sufficient to bar the said A. B. of his aforesaid action against them, and with that direction left the same to the said jury; and the jury aforesaid then and there gave their verdict for the said A. B., and 3001, damages; whereupon the said counsel for the said defendants did then and there on the behalf of the said defendants, except to the aforesaid opinion of the said chief justice, and insisted on the said several matters and proofs as an absolute bar to the aforesaid action, by virtue of the last mentioned statute: And in as much as the said several matters so produced and given in evidence, on the part of the said defendants, and by their counsel aforesaid objected and insisted on as a bar to the action aforesaid, do not appear by the record of the verdict aforesaid, the said counsel for the aforesaid defendants did then and there propose their aforesaid exception to the opinion of the said chief justice, and request the said chief justice to put his seal to this bill of exception, containing the said several matters so produced and given in evidence on the part of the said defendants as aforesaid, according to the form of the statute in such case made and provided; and thereupon the aforesaid chief justice, at the request of the said counsel for the above-named defendants, did put his seal to this bill of exception, pursuant to the aforesaid statute in such case made and provided, on the day of aforesaid, in the -year of the reign of his said present majesty."

The above precedent is taken from a bill of exception, which was made use of in the year 1763; but it does not seem necessary to state the whole record in the bill, provided the bill be tacked to the record; which the statute plainly shews may be done, by saying, if the exceptions be not in the roll: and there are precedents to warrant this mode of proceeding.

* Bull. N. P. 319.

ADDENDA.

BANKRUPT, p. 175.-The publisher of a newspaper, buying the whole daily impression from the proprietors, reselling it at a profit, and bearing the loss of such as remain unsold, is a trader within the bankrupt laws.

Bankrupt, p. 186-The words "or otherwise to absent him or herself," in stat. 13 Eliz. c. 7., and 1 Jac. 1. c. 15., are not confined to an absenting from the dwelling-house, or any particular place: therefore, where a man, in the habit of attending the Royal Exchange to collect news, left it at the sight of his creditors, desiring a friend to say he was not there; or broke an appointment he had made with a creditor to meet him there; or, (being the proprietor of a theatre,) retired behind the scenes to avoid a sheriff's officer, at the same time giving orders to be denied to him: held that each of these was an act of bankruptcy.

Bankrupt, p. 217.-By stat. 56 Geo. 3. c. 137. (2d July 1816,) for extending the provisions of stat. 1 Jac. 1. c. 15. after reciting, "that those provisions had been found beneficial, and that it was expedient to make such provisions respecting the delivery of goods," it is enacted that no person, body politic, or corporate, joint stock, or other company, having in their possession or custody any goods, wares, merchandizes or effects belonging to any person or persons who shall become bankrupt, shall be endangered by reason of the delivery of any such goods, &c. truly and bona fide to such person, or to his order, before such time as they shall know of the bankruptcy. Provided that bodies politic, or corporate, joint stock, or other company, shall be deemed to have knowledge of the bankruptcy, if the person acting on their behalf in the payment of any debt, or the delivery of any goods, &c. knew of it.

BILLS OF EXCHANGE, p. 321.-At end of note (27) add, 16 East, 43. S. C. See also, Claridge v. Dalton, B. R. Trin. 55 Geo. 3. 4 Maule & Selwyn, p. 226.

a Gimmingham v. Laing, 2 Marsh.

Rep. 225.

b lb.

c S. 2.