RECORDS, ges; but, of the term when judgment is ready to be render- JUDGMENT ed upon the default, or upon the issue to be tried by the court or by the record, an entry must be made that judgment thereon be stayed, if the issue to the country has not then been tried, until the same shall be determined; and the issues to be tried by the court and by the record, if not determined the first term after issue joined, must be continued down by curia advisari vult,101 until the term when they are determined. the postea. The next entry on the record after the order for the trial Entry of of the issue, or the continuance of the process as the case may be, is supposed to be made of the term succeeding the trial, and consists of the enrolling of the postea, and, if judgment is rendered of the same term, of the rendition of judgment thereupon; the facts and the law being now both ascertained. The postea of course varies, according to the subjects embraced in the order for the trial of the issues; as it contains the doings of the jury in pursuance of the order, whether the order was for the trial of an issue or issues only, or for the assessment of damages also. The postea is preceded by a statement of the term of the court, the presence of the plaintiff, and the return of the postea by the judge, before whom the issue was tried. The postea states the finding of the jury upon each issue what the to the country, contained in the record, either for the plaintiff tains. or defendant. The finding or verdict of the jury should be expressed in the language of the pleading which concludes to the country; if the verdict is for the plaintiff and the allegations of such pleading make for him, it affirms them; if they make for the defendant, it negatives them; and so, if the verdict is for the defendant, it affirms or negatives those allegations, as they make for or against him. A verdict for the plaintiff always finds nominal costs, where they are recoverable, and in debt, generally nominal damages only. postea con 101 Appendix, xiii. xiv. xv. xvi. VOL. II. Appendix, xvi. 32 JUDGMENT Judgment on 20 Immediately after the postea, follows the entry of final judg ment, if rendered the term immediately following the circuit or the verdict, sittings at which the issue was tried; but if there is an issue to be tried by the court or by the record, still undetermined, an entry must be made that judgment upon the verdict be stayed until the determination of such issue. And where no such or continu- issue remains to be determined, if judgment be not entered the verdict of the term after the trial, the record should be continued down by curia advisari vult, until the term of judgment; as should also be done, after the determination of other issues, where they are determined after the trial but judgment not rendered of the term when they are decided.82 ance after verdict. Records on issues of tiel record. upon 83 In making up the record where there is an issue to be tried law or nul by the court, or by the record without any issue to the country, after issue joined the cause is continued down by curia advisari vult until the issue is determined. If there is a default, as to a count, or a defendant, and also an issue to the court or to the record, or if there be an issue to the court and to the record, one of which is determined before the other, judgment upon the former should be stayed, as we have seen is the case where there are issues to the country, until the other is also determined; and the latter should be continued by curia advisari vult until it is decided. If judgment be not actually entered, of the term when an issue to the court or to the record is decided, no other issue remaining undetermined, continuances by curia advisari vult must be entered down to the term when judgment is entered. Records on assessment Whenever damages are assessed by the clerk, after interloby the clerk, cutory judgment, upon default or demurrer, or upon confession also in cases where an assessment is necessary, the damages 80 Appendix, xviii. xix. xx. xxi. xxii. 31 Appendix, xvii. d. e. 12. d. e. 82 Appendix, a. 83 Appendix, xxiii. xxvii. 84 Appendix, xiii. b. xvii. a. 85 87 JUDGMENT RECORDS. inquiry. are to be stated as assessed by the court, without noticing the reference to the clerk, or any proceedings in consequence thereof. In cases of assessment by the clerk, if the report be not obtained and filed, and the rule thereupon entered, of the same term with interlocutory judgment, the record should regularly be continued down by curia advisari vult, until the term at which the rule for judgment is entered. Where the damages are assessed upon writ of inquiry, or by writ of such writ may be awarded upon the record, returnable some certain day in the same term when interlocutory judgment is entered, or on the first day of the following term; and if not executed before the first day of the term next following that at which interlocutory judgment was entered, the record should be continued by vice-comes non misit breve,99 to the term at which the writ of inquiry, when executed, is made returnable; and if the rule for final judgment is not entered at such term, there must then be a further continuance, or further continuances, by curia advisari vult,90 to the term when the rule for final judgment is entered. how made, Sometimes it is necessary to suggest some important fact Suggestions upon the record, such as the death of a party, which would not otherwise appear: this is done before issue, in an imparlance:o1 in the common imparlance, if the event happen between declaration and the term of which the plea is filed, or if it happen after plea, an imparlance, which would not otherwise be necessary, must be prefixed for the purpose, to the replication or other pleading, next after the event happens ;92 and if the event happen in term after the first day, to which the common imparlance extends, and judgment is entered of the same term, there should be a special imparlance from the first day, to the day when the next proceeding, subsequent to such event, takes 85 Appendix xxxix. $6 2 R. St. 357. s. 8. 83 Appendix, xxxix. a. 89 Appendix, xl. a. JUDGMENT Of what term judg be entered. place.93 Judgment should always be entered on the record of the ment should term when the rule for judgment was entered and became absolute, notwithstanding it may not be perfected by signing and filing the record until several terms afterwards. Record on the award of In cases of judgment upon the award of arbitrators, the arbitrators, statutes particularly prescribe the form of the judgment record, requiring, that "a record of such judgment shall be made, commencing with a memorandum reciting the submission; then stating the hearing before the arbitrators; their award; the proceedings of the court thereupon, in modifying or confirming such award; and the judgment of the court for the recovery of the debt, or damages awarded, and that the parties perform the acts ordered by the award, and for the recovery of the costs allowed.94 or report of referees, fender. The statutes also have the following provision respecting judgments on the report of referees: "an entry of such reference shall be made upon the record, and day shall be given to the parties from time to time, until the referees report, or they be thereof discharged. If the report of the referees be confirmed by the court, judgment shall be entered thereon, in the same manner, and with the like effect, as upon the verdict of a jury.95 or in case of Where the defendant makes a tender under the provisions of the statutes, and the plaintiff accepts it, it is expressly required that an entry of such tender and acceptance shall be made on the record.96 SECTION III. OF ENTERING AND DOCKETING JUDGMENTS, AND OF THE PRIORITY ENTERING JUDGMENT. ment may be Entering judgment.] As soon as the party in whose favour When judg judgment is rendered, is by the rule for judgment entitled to entered. enter it, that is, on the expiration of the rule, where it is a rule nisi, or immediately on entering the rule, where it is absolute, he may proceed, unless prevented by some motion of the opposite party, his costs having been taxed, in cases where they are recoverable, to perfect his judgment. cord, The record must be signed by a justice or officer of the signing recourt authorized to sign it, who is required to state in the margin thereof, the day and year of signing it.97 When signed, and filing. it must be filed in the office of a clerk of the court, who is required to mark on the back of it, the time of filing it.98 And it is declared, that "no judgment shall be deemed valid, so as to authorize any proceedings thereon, until the record thereof shall have been signed and filed." 9999 judgment All rules for judgment, whether interlocutory or final, ex- Rules for cept rules for judgment on confession, must be entered during term:100 and it appears to be the opinion of the most experienced practitioners, that all rules for final judgment, except in debt and on confession, should be rules nisi; that is, unless Some step is taken to prevent the rule's becoming absolute. If not prevented, the rule becomes absolute of course, on the fourth day after the day of entering it, if there are so many days remaining in term; and if there are not, then on the last day of term. 97 2 R. St. 360. s. 9. * 2 R. St. 360. s. 11. 99 Ib. See 3 Cow. Rep. 39. 100 6 Johns. Rep. 325. |