When the evidence is gone through, the judge sums up the whole to the jury, and gives them his opinion in matters of law arising upon that evidence. When the jury are agreed, the foreman delivers their verdict. In some difficult cases the jury give a special verdict ; that is, they state the fact, but leave it to the court to judge of the law.
28. (6.) Next follows the judgment of the court upon what has previously passed. Judgment may be here sus pended or finally arrested, for it cannot be entered till the next term, and that upon notice to the other party. So that in case of any defect in point of fact, or law, or exces sive damages, the party may have relief in the court above, or by obtaining a new trial ; which is the rehearing of the cause before another jury, but with as little prejudice to either party, as if it had never been heard. Judgments are either interlocutory or final ; interlocutory, when given in the middle of a cause, upon some plea, proceeding, or de fault ; which is only intermediate, and does not finally de termine the suit. Costs, or expences, follow judgment, and shall be paid, after taxation, by the vanquished party.
29. (7.) Proceedings in nature of appeals are, I. Writs of deceit, which may be brought in the court of Com mon Pleas to reverse a judgment there had by fraud or collusion in a real action. 2. Writ of audits querela, to discharge a defendant upon some matter having arisen since judgment : where the party would be entitled to an audita querela, the court, upon motion, will give a summary relief. 3. Writ of error, which lies from the inferior courts of record in England, into the King's Bench, to correct judgments erroneous in point of law, and not helped by the statutes of amendments and jeo fails. The parties bringing a writ of error must, ex cept in some peculiar cases, find substantial pledges for prosecution.
30. (8.) Execution. . If judgment be not superseded or reversed, the next and last step is the execution, or putting in force that judgment.
. 31. Proceedings in Me courts of equity. The proceed nip in the court of Chancery correspond nearly to the practice in the court of Exchequer, the two great courts of equity. In describing, therefore, the procedure of the former, we sufficiently describe that of the latter. The business of equity is almost infinite, but is chiefly to give relief in matters of fraud, accident, and trust ; secundum conscientiom et arbitrium Boni viri. Proceedings are by bill, setting forth the circumstances of the case at length, " and that orator is wholly without remedy at common law," praying therefore relief, and also process of sub poena against defendant, to compel him to answer upon oath all the matter charged in the bill ; if it be to stay, waste, or to stop proceedings at law, an injunction is also prayed. The bill must call all necessary parties, how
ever remotely interested, before the court, otherwise no decree can be made to bind them, and must be signed by counsel.
32. When the bill is filed in the office of the six clerks. an injunction may be prayed, which may stay execution on excessive judgment; and if the defendant does not put in his answer within the stated time allowed, an injunction issues of course. If for waste or other urgent injuries, then, upon filing the bill, and a proper case supported by affidavit, the court will grant an injunction immediately, to continue until defendant has put in his answer. It is then determined upon argument, whether the injunction shall be taken off or not.
33. If the defendant upon service fails to appear within the time limited, and plead, demur, or answer to the bill, he is then said to be in contempt ; and the court will attach him by writ, commanding the sheriff to take up the defend ant, and bring him into court. If non est inventus is re turned, then an attachment with proclamations issue, sum moning the defendantupon his allegiance personally to ap pear and answer. Upon non est inventus being returned, a commission of rebellion is awarded against him ; upon non. est inventus being again returned, the court sends a ser jeant at arms in quest of him ; and if the defendant eludes him, then a sequestration issues to seize all his personal estate, and the profits of his real estates, and to detain them, subject to the decision of the court. After an order for sequestration has issued, the plaintiff's bill is to be taken pro confesso, and decree to be made accordingly. If the defendant is taken upon any of these proceedings, he is committed to the Fleet, till he puts in his appearance or answer. The process against a body corporate is by dis tringas, to distrain them by their goods and chattels, in or der to compel them to obey the summons. If a peer be a defendant, the chancellor sends a letter missive to him; and if he neglect to appear, he may be served with a pubpcena ; and if he still continue in contempt, a sequestration issues without any of the mesne process of attachment. The same process issues against a member of the House of com mons, except only that the lord chancellor sends him no let ter missive.