The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others.

Of a Certiorari.

IF a man have recovered, and before he have execution, the Records thereof be removed into the receipt or treasury, the plaintiff may have a Certiorari out of the Chancery to the Chamberlain and Treasurer, to remove the te∣nor of the Record, and Process thence into the Chancery. And when it is there, it may be sent thence by Mittimus into the Court whence it came, as the uper Bench, if it came thence, or into the Common-place, if it came thence, and there may execution be sued, 37 H. 6. 16.

A Certiorari with a Mittimus to renew a fine, bearing date before the fine come into the Chan∣cery, is good enough, 1 R. 3. 4.

In a Writ of error to reverse a fine, the Re∣cord

it self shall not be removed, but the tran∣script thereof, because a Record which com∣meth into the upper Bench, shall not be re∣manded: And if the Judgement be affirmed, there is no Chirographer to ingross the fine, 40 Ass. 19. 29. Ass. 43.

Yet 5. Mary it is holden that in a Writ of error upon a fine, the Record it self shall be cer∣tified, so that no more Proclamations shall be made thereupon, for if it be reversed, that en∣deth all: and if the fine be affirmed, the Record shall be sent into the Common-place by Mitti∣mus to be Proclaimed, and ingrossed; for if the transcript only should be removed, they might nevertheless proceed in the Common place, B. tit. Rec. 79. Ideo quaere.