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The following diagrama illuatrata the method: Lea cartae. planchee, tableaux, etc.. peuvent Atre filmte i dee taux de rMuctlon diffArents. Lorsque Ie document est trop grand pour Atre reproduit en un seu! cllchA. II est film* A partir de Tangle supArleur gauche, de gauche h drolte. et de haut en baa, en prenent Ie nombre d'Imagea nAcaasaira. Lee diagrammea sulvants illustrant la mAthoda. errata b to peiure, on d r i /^ 2 3 32X 1 2 ^:: ■:#:-.;.; 5 6 • « ■9: y ■}i s ■ > \- i?^- ; fo ■■ I * -, IRI H ♦ APPENDIX TO THE PRACTICE or THS m . f COURT OB king's bench it IN PERSONAL ACTIONS, &c. : - ^ .. . WITH TRS ■rtf FORMS IN REPLEVIN and EJECTMENT, THE SECOND EDITION, COERECTED AND ENLARGED. 3By WILLIAM TIDD, Esq, OF THE INNER TEMPLE, .LONDON: :_;:/•.- •. i XIltNTED BY JAQVSS AND OO. LOMBARD STREET, WHITX FRIARS; . rOR E. BROOKE AND J. CLARKE, BELL-YARDJ ,..'■,, J, 8UTTERW0RTH, FLEET-STREET J AND . ' :• J. COOKE, OBMOND QUAY, DUBLIN* " '.' y '. 1804. <••.-. ^'^-^^•^■^:' A, ZCZ ■^ ■•*: II to 4 ■/I ■/■ '•-;»'. ..J, fxl*-,'* V'' PREFACE. i.'' l.-VJ; V i> I .■'.' ' T In conducting a suit at law, there are two things to be principally attended to by the ])ractitioner ; first, what is to be done; and secondly, the time and manner of doing it : And in the pursuit of this latter object) it will be found, that an adherence to certain established forms is constantly necessary. These forms chiefly consist of notices, demands, rules of court, summonses and orders, writs and returns, and entries of proceedings. Notices are either of an intention to bring an action, or of something done or intended to be done in the course of the suit, such as notices of bail being put in, or declaration filed, or of motion or trial, S^c. De- mands are of something to be given or dpne by the opposite party, as oyer and copy of deeds, b^c. Notices and demands pass between the parties or their attornies, and are not filed or entered of record. 4^. iii r.0.' y '' The rules of the court may be divided into five classes ; first, ^ch as are given by the master, and a 2 entered \v PREFACE. entered with the cleik of the rules ; spcondly, such as are given by the clerk of the pa^jers, or clerk of the errors ; thirdly, such as are made out by the clerk of the rules, as a matter of course, on aprte-. cipe or note of instructions given him by the attor- nies who apply for them, or on a judge's^/, &c. ; fourthly, side-bar rules, or such as were anciently moved by the attornies at side-bar; and fifthly, such rules as are, or are supposed to be moved in court, which are either absolute in the first instance, or preceded by a rule to shew cause, The appli- cation for these latter rules is made by motion or petition, which is usually founded on an affidavit of the circumstances. Affidavits are also required by act of parliament in certain cases, as to hold to bail, or of the truth of a plea in abatement, S(c. The rules of the court are not considered as re- cords, but only remembrances pf its proceedings ; and are filed, with the affidavits in support of them, in the office of the clerk of the rules. Su))i7nonses and orders are issued by the judges ; and answer to the rules of the pourt, the former being in nature of rules to shew cause, and the latter of absolute rules. In ^_,_nera], they arc intended to regulate those less important matters, wliich are not alto- gether of course, but yet are not of sufficient mor ment to claim the attention of the court, such as the allowance of further time to plead, itc, WriU t>RErACEi irrits are original or Judicial : The former issue out of Chancery, and are calculated for the com- mencement or removal of actions ; the latter are issued by the court in which the actions are pro- secuted : And they are either directed to tlie she^ rift', commanding him to bring in the defendant, summon the jury, assist the court in making inqui- sitions, or execute their judgments, &V. or they are addressed to the witnesses in a cause ; or to the judges or officers of an inferior court, requiring them to certify a record, &'t'. Judicial writs are either mesne, that is, such as issue between the com- mencement and termination of the suit, including the jury-process ; or final, which are issued after judgment, to obtain execution, or for other pur- poses. Writs are in general obtained as a matter of course, by applying for them, with a precipe or note of instructions, to the proper officer; and when returned, are filed, with the proceedings which have been had under them, in the ' •, ^asury of the court. Entries of proceedings are either of the acts of the court, in awarding process, continuing the £ause, or giving judgment, Kc. or of something done or supposed to be done in court, as of mesne- process and the returns thereto, appearance, bail^ »varrai;its of attorney, issues, posleas, suggestions, a 3 SCt'. IV PREKACK. &V. he/pre judgment, and final process, comviitli^ tuvs and satisfaction fl/"/<^r judgment. These entries are made on parchment rolls, which arc dockottcd, and filed in the treasury of the court, where they remain as evidence of its proceedings. The following collection of forms was originally made by the author, with the assistance of his friend Mr. S!eth Thompson; and is intended as an Jp- pendix to the Practice of the Court of King's Bench in personal actions, Kc. In the present edition, many considerable alterations and additions have been made. The forms are printed in the order they are referred to in the body of the Prac- tice : Some new forms have been added ; particu- larly of proceedings on the statute 8 & 5) W. III. c. 11. §8: Others have been corrected ; and the whole adapted to the present state of the court and its officers. For preventing confusion, by the indiscriminate use of an ^f., it should be observed, that where it stands for something intended to be inserted, it is included in a parenthesis ; and where the words to be introduced are not obvious, the page is referred to, where they are to be found. To avoid unnecessary repetition, references are oc»- casionally made to other precedents of the same nature ; and throughout the whole of the work, as the subject did not admit of novelty, the greatest attention »lt£FACl. ■ t Attention hat been paid to Mlection and arrange- ment. f) But the principal addition which has been madtf, consists of two new chapters, containing the forms in replevin and y'eciment. In replevin, it will be seen, the forms are divided into five parts, as they relate to the following subjects '. 1 st. The making and conducting of the distress, upon which the re- plevin is founded ; 2ndly, the authority for and granting of the replevin, by writ or plaint ; 3dly, the removal of the cause from the inferior couit^ by pone J recordari facias loquelanif or accedas ad cu* rianif and remanding it by procedendo ; 4thly, the proceedings in replevin in the court above, from the declaration to final judgment and execution, inclusive ; and 5lhly, the proceedings on the writ of second deliverance. In ejectment, the forms are arranged in the following order: 1st. notices to quit, i(c. ; secondly, proceedings at common law^ in case of a vacant possession ; thirdly, proceedings against the casual ejector in other cases, either at common law, or on the statute 4 Geo. II. c. 28. where the tenant or his landlord does not appear^ and enter into the common rule to confess lease entry and ouster ; and fourthly, proceedings where the tenant or his landlord appears, to final judg- ment and execution. In this latter chapter, will be a 4 found m PRlrACE. found many forms of rules never before publislicd, ivith which tl»c author has been favoured from Hua RuIe-ofHce. For the conveniehcc of the purchasers of the first edition, the two additional chapters arc published, and may be had separately. r Tempie, Sfptember tst, 1801, '/ "." • • * •■ ,. ' ' f ■ • 1 « • J 1 • is ^ 1 # contents; * • CHAP, I. •' • • ji HER E are m Forms in this Chapter ; mr in the Fourteenth^ 'Twenty-first ^ Thirtieth^ Thirty- second. Thirty -third, or Thirty -eighth ; there being none referred to in the corresponding Chapters of the fFork, ■ CHAP. II. Of the Admission o/ Attornies. Page i CHAP. III. CyWARRANTs o/" Attorney, Paupers, Infants, and Notices of Action, CHAP. IV. 8 Of the Bill of Middlesex and Lati- tat ; and subsequent Process thereon, • - - 18 ■W^i^ »< CONTEKrTS* CHAP. V. 0/ th ORIGINAL Writ, and Process thereon, previous !o the Capias. Page 31 CHAP. VI. Of the BiLi, and Process against Mem- bers of the House ©/"Commons. 40 CHAP. VII. Cy///^ Capias ^^ Original, and Pro- cess (j/" Outlawry. CHAP. VIIL 45 Of the Notice to appear to Process not bailable; and Affidavits to ho/d to Bail, 76 CHAP. IX. Of the Arrest. CHAP. X. Of the Bail-Bond. CHAP. XI. 0/" Appearance, and Bail to the Ac' TION. 92 94 96 CONTENTS. XI CHAP. XIL Of the Proceedings against Sheriffs, to compel them to return the Writ, and bring in the Body, Page 109 CHAP. XIU. 0/the Proceedings by and against At- torntes. 117 CHAP. XV. Of the Removal o/" Prisoners by Ha- beas Corpus ; and of the Proceed- ings in Actions against them^ in the actua/ Custody of the Marshal «r Sheriff, fe'r. previous /o /A? Plea. 125 CHAP. XVI. Of the Proceedings in Actions against Prisoners, in the actual Custody of the Marshal or Sheriff, ^f. su*-^ sequent to the Plea, 131 CHAP. XVII. Ofths Removal of Causes from infe- rior Courts. 138 iVi COKTENTS* CHAP. XVIII. Of the Declaration ; and Notice to PLEAD, &?r. Page 150 CHAP. XIX. Of the Rule to plead, and Demand of a Plea. 156 CHAP. XX. CyNOTICES O/MOTION. 157 CHAP. XXII. Cy COMPROMISING and COMPOUNDING the Action. i6o CHAP. XXIIt. Cy CONFESSING ///^ Action ; and of the Writ o/" Inquiry o/" Damages, ^f. 165 CHAP. XXIV. 0/"Oyi;r of Deeds, ISc; and Parti- culars c/'Plaintiff's Demand. 178 CHAP. XXV. (^changing the Venue. 180 CONTENTS. XiU 156 157 160 165 17$ CHAP. XXVI. 0/ BRINGING Money into Court. Page 181 CHAP. XXVII. Cy Pleas in Abatement, ^c, CHAP. XXVIII. ' Of the GENERAL Is§UE; ««CTMENT. 638 ■,-!•" ■iH- ■:;V' APPENDIX • I ' I •'■i Si' f ■ ,,l'-\: ■'■)'»<> '^ -ii^C' « oi*. ♦< i» .n ^ .'i 'li. .l4i4Ji/'» .lA ♦? if <*-■ ■'. PRACTICAL FORMSr ; i i^-a- .f » • ■ ————— , , ^^^ ,-^ , . _ CHAP. I. JVttfre are no Forms referred to in this Chaptir, CHAP. li. "'"' A Of the AoMisstON of Attornies. ; RTICLES of Agreement indented, had, mide, (§1.) concluded and fully agreed upon the! day of ^ierkship°to , in the year of the reign of our sovereign an attorney lord George the Third, by the grace of God of the united kingdom of Great Britain aid Ireland king, defender of the faith, and in the year of our Lord 18 — between ^. B. of gentleman, one of the attornies of his majesty's courts of King's Bench and Common Pleas at Westyninstcr, and a solicitor in the high court of Chancery, of the one part, and C. D. of and E. F. son of the said C. D. of the other part: Witness that the said £. /*. of his own free will, and by and with the consent aud ap- B probation and solicitoi-. 'k ■i*v* Iti s\ 2 OF THE ADMISSION Chap. II. probation of the said C. I), his l^ither, hath put, phiccd aiul bound himself, and by these presents doth put, place and bind himself clerk to the said yl. B. to serve him from the day of the date hereof, for and during and until the full end and term of five years from hence next ensuing, and fully to be com- plete and ended: And the said C. D. doth for him- self, his heirs, executors and administrators, cove- nant, promise and agree to and with the said A. B. his executors, administrator and assigns, by these presents, in manner following, (that is to say) ; that the said E. F. shall and will well and faithfully serve the said A. B. as his clerk, in the profession of an attorney at law and solicitor in Chancery, from the day of the date hereof, for and during the said term of five years: And that he the said E. F. shall not, at any time during the said term of five years, can- cel, obliterate, spoil, destroy, waste, embezzle, spend or make away with any of the books, papers, writ- ings, monies, stamps, or other property of the said A. B. his executors, administrators or assigns, or anj- of his clients or employers, which shall be de- posited in his hands, or intrusted to his custody or possession, or to the care, custody or possession of liiui the said E. F. : And that in case he the said E. F. shall ac^ contrary to the last-mentioned cove- nant, or if he the said A. B. his executors, adminis- trators or assigns shall sustain or sufter any loss, da- mage or prejudice, by the misbehaviour or neglect of the said E. F. he the said C D. his executors or administrators shall make good and reimburse him the said A, B. tlie amount or value thereof: And further, that he the said E, F. shall and will, from time latli put, present* the said I hereof, n of five be com- for him- s, cove- id A. B. by these y); that lly serve 311 of an from the aid term liall not, ars, can- e, spend trs, writ- thc said Igns, or be de- stody or :ssion of le said id cove- dminis- oss, da- neglect utors or rse him f: And from time OP ATTORNIES. I time to time, and at ail times dming the said term of CnKV, IT. five years, keep the secrets of the said A. B. and readily and cheerfully obey and execute his lawful and reasonable commands; and shall not depart, or absent himself from the service or employ of the said A. B. at any time during the said term, without Jiis consent first obtained, but shall, from time to time, and at all times during the said term, conduct himself with all due diligence, honesty, sobriety and temperance : And that he the said C. D. his executors and administrators shall and will, from time to time, and at all times during the said term of five years, at his and their proper costs, find and provide the said E. F. with all ana Jl manner of necessary and be- coming apparel and washing, and also physic and surgery in case of sickness. And the said E. F. doth hereby, for himself and on his part, consent and agree to and with the said A. B. his executors, ad- ministrators and assigns, that he the said E. F. shall and will truly and honestly serve him the said A. B. at all times for and during the said term, as a faith- ful clerk ought to do, in all things whatsoever, in the manner above specified. In consideration whereof, and of the sum of /. of lawful money of Great Britain, by the said C. D. to the said A. 6. in liand well and truly paid, at or before the sealing atid de- livery of these presents, (the receipt whereof he the said A. B. doth hereby acknowledge, and of and from the same and every part thereof, doth acquit, release and dischare-e the said C. D. his executors and administrators, and every of them for ever, by tliese presents,) he the said A.B. for himself, his heirs, executors and administrators, doth covenant, B ?. promiije ;^i{:.|:y< Ux • OF THE ADMISSION Chap. II. promise nnd agroc to and with the said C. D. \u% executors and administrators, hy these presents, in manner following, (that is to say); that he tlie said /{. B. shall and will accept and take the said K. F. as his clerk, and shall and will find and provide hin: during the said term, with board and lodging: And also that he the said J. B. shall and will, by the best ways and means he may or can, and to the utmost of his skill and knowledge, teach and in- struct, or cause to be taught and instructed the said E. F. in the said practice or profession of an attor- ney at law and solicitor in Chancery, which he the said A. B. now doth, or shall at any time hereafter during the said term, use or practise: And also shall and will, at the expiration of the said term, use his best means and endeavours, at the request, costs and charges of tlie said C. I), and F. F. or ^ cither of them, to cause and procure him the said F. F. to be admitted and sworn an attorn(;y of iiis majesty's said courts of King's Bench and Common Pleas, or either of them, or any other of his said majesty's courts of law or equity, provided he the said F. F. shall have well and faithfully served his * said intended clerkship. In witness, (&,c.) Afliilavit of '.'x«'<-ii(ion of rticks. G. 11. of ruaketh oath and saitli, that by articles of agreement, bearing date the day of last past, and made between A. B. of gentleman, one of the attornies of his majesty's courts of King's Bench and Common Pleas at West- viinstcr, and a solicitor in the high court of Chan- cery, of the one part, and C. D. of and E. F. son of the said C. D. of tlic other part, the said E. F. OF ATTORNIF.S. in I.. }'\ for the coJisideratioiis therein nicntioned, did Chap. II. put., place and bind hiiiist-lf cK;rk to the said A. B. 10 si;rv' - ., t ■ , • ■ . i .Ji ." I 1. ■ CHAP. in. ' Of Warrants of Attorney, Paupers, Infanti, and Notices of Action, &V. (§ 1.) In the court of King's Bench. ^mnorandim ^ (tO Wit). E. F. IS VOt.liaod t<» n» 0;..^UlC of warrant for ^ piaintiti". by A. B. as his attorney, against C. D. No. — : — (on ) I'4.F. pLirt'ff's attoific). the file.) j [If by an agent to the anorney inum cUately re- tained, add, by G. //. hi' ardent.] Ent'-^red, or filed of record, this day of • in the year of the reign of King George thp Third. (OflRccr's name.) In the co\irt of King's Bqnch. — — ( to wit). E, F. is retained to defend by (5 2.) The like, for C. D. as his attorney, at the suit of J. B. defendant. ' *' k' ?. i i* j i .. IL. 1'. detendants attorney, [If by an agent, add, by G. JI. his agent.] Entered, or filed of record, this day of in the year of the reign of King George th^ Third, — — (Officer's nuine). Jn the court of r.i..g s Bench. — (to wit). E. F. is retained to enter up judg-» Thtiike, ona ment on a cognovit actionem^ (or warrant of at- aogwu , t. jQjp jjgy t^Q acknowledge judgment, as the case may require,) OF PAUPF.M, f require,) 'ted on ik — — iluy of at tlio sviit Cm4p. Ill, oiJ. H. agjunsr '''. />. E. F. Attorney, [ll by an agent, atW, by O. II. his agent.] Entered, or filod of record, (a* the case nian ror quire) this day of in the year of the reign of king Gnorgv the Third. » (Offiiv.er*» name). In the King's Bench. ^. B, t)la%»tiff, and C' I), defendant. yf. B. of maketh oath nud ^aith, that he (\ ^.) is not worth five pounds in the world, save and ex- A^ndavit to ha ' _ _ adiiiittuii to cept his wearing apparel, and the niatti i' in question sue lujir ^ni in this cause). Sworn, (Sic.) A.B. To the Rig-iit HonourabJe Edward Lord Elien- (§ 5.) bovoughy Lord Chief Justice of ^lis Majesty's Court of King's Bench. / . The humble petition of A. B, - ' Slieweth, That the said defendant is justly indebte J untp your petitioner, in the sum of /. for tin work and labour of your petitioner, done for the sa d de- fendant at his recjuest; and your petitioner hath commenced an action against him for the same but finds himself unable (or hath not yet commenced any action against him for the same, being unable) to carry on the said cause, on account of his ex- treme poverty, as appears by the affidavit hereto annexed. Your Pctitiow therfi« ou. i ■^^■n rl : I,; .1 ■ II .■t :| J; II .u- 10 Chap. III. (§6,) Opinion of counsel. OF INFANTS. , Your petitioner thcfefore most luimijly prays, that ' he may be admitted to prosecute liis said action m forma pauperis^ and that E. F, Esquire may be as- signed to him as his counsel, and G. H. Gentleman as his attornc)^, to prosecute his said suit. And your petitioner shall ever pray, fiCc. I humbly conceive, that the said petitioner hath good cause of action against the above-named C. D. and humbly consent to be his counsel. E.F, Petition by an infant, to be admitted to sue by frochein ami. In the King's Bench. y/. B. plaintiff, and C. D. defendant. To the Right Honourable Edward Lord Ellenbo- rough^ Lord Chief Justice of his Majesty's} Court of King's Bench. The humble petition of A. B. the plaintiff in this cause; Sheweth, That your petitioner has, as he is advised, good cause of action against the above-named C. D. for q, breach of promise of marriage, and that your peti- tioner has lately commenced an action in this ho- nourable court against the said C. D. for the same ; but in regard that your petitioner is an infant, under the age of twenty-one years, to wit, of the age of Your petitioner therefore humbly prays your lord- ship, to admit him to prosecute the said action by E. F. of your petitioner's next friend, And your petitioner shall ever pray, Kc, I do OF INFANTS. It' 1 do hereby consent and agree, that the above- Chap. Ill, named A. B. shall be at liberty to prosecute this (§ 8-) action, by me as his next friend, according to ^;X?„°'-, the prayer of the above petition. Witness my hand this day of 1 8 — . Witness G.//. E.F. In the King's Bencli. A. B. plaintiflT, and C, D. defendant. G. H. of maketh oatli and saith, tliat A. B. (§ 9) the above-named plaintiff, did on the 1 c Affidavit of day Ot si..'Matiue of instant, dulv sitjn the petition hereunto an- P*'*^'' '""*"** ' -^ '• \ consent. nexed, in the presence of this deponent: And this deponent further saith, that at the same time he was present, and did see E. F. the person mentioned in the prayer of the said petition, duly sign the consent or agreement thereunder written, as the next friend of the said A. B. Sworn, (SCc.) G. IT. IT is ordered by the court, that E. F. be ad- (§ lo.) mitted to prosecute for A. B. who is under the Rule of court . „ „ . thereupon, age ot twenty-one years, agamst C. //. a certam action of trespass on the case, (or as the action is,) in the court of tlie lord the king before the king himself, as the next friend of the said A, B. during, his minority. ., By the Court. 1^1 IT is ordered by the court, tliat G. II. bo ad- (§ n.) mitted to dcf(.nd for C. D. wiio is under the age ^;;'thei'.iL of twenty-one yciirs, at the j;uit of//. B., a certain sionofaguar- ^g. NOTICES OF AdTlOW. la imnrisonment, and shall proceed against-you there- Cha?. Ill* upon according to law. Dated this day of 18 — . . Yours, &ff. A.B. ^\ p^ of attorney for the within-named A. B. indorsement •' thereon. To C. D. Esquire, one of his majesty's justices, (§ i4.) / c- \ Notice of ac- \'" ' I , tion to ajus- SlR, t'f'e. ^y the ,r 1 • 1 1 If attorney, (tir \ ou having-, on or about the day ot false imprisoa. last, as one of his majesty's justices of the peace in '"'^"** and for the said county of , caused A. B. of to be apprehended, (^c.) I do therefore, as the attorney of and for the said A. B. in this belialf, according to the form of the statute in such case made and provided, liereby give you notice, tliat 1 shall, at or soon after the expiration of one calen- dar month from the time of your being- served with this notice, cause a writ of to be sued out of his majesty's court of King's Bench at Westminster against you, at the suit of the said A. B. for the said iniprisonnu lit, and shall proceed against you there- upon according to law. Dated, {He.) (Indorsement, as before.) Your's, SCr. E.F. Attorney for the said A. B. ench \ said npri-« To C. D. and E. F. officers of his majcrity's (§ ,r, ■, Customs. >, The like, to You having, on or about the — day of S^^'ir^L last, as officers of his maicsty's customs, un- ?'"'-''',*'^."'''^- 1 /• n • J 1 1 . lug a brig-, &,c. lavvtully seized and taken possession of a certain brig or vessel called -, together with hev tackle, apparel. il ;/' 14 NOTICES OF ACTION. Chap. III. apparel, furniture and stores, of and belonging to ^ me j4. B. of and being of a large value, to wit, of the value of /. and from thence hitherto unlawfully kept and detained the said brig or vessel, and her tackle, apparel, furniture and stores afore- said, and converted and disposed thereof to your own use} I do therefore, according to the form of the statute in such case made and provided, hereby give you notice, that I shall, at or soon after the ex- piration of one calendar month from the time of your being served with this notice, cause a writ of to be sued out of his nuijcsty's court of King's Bench at Wt'stminsttr against you, at my suit, for the said trespass, and shall proceed againstyou there- upon according to law. Dated, (tVf.) (Indorsement, as before.) Your's, ^c. A.B, ii K\ 16.) The like, to excise ollicers, by t!ic utinr- rtfij, fur niL'uinc: goods. To C. D. and E. F. officers of his majesty's Ex- cise. You having, on or about the day of last, as officers of his majesty's excise, unlawfully seized, taken, and carried away a large quantity, to wit, two hundred pounds weight of soap, belonging to A. B. of and being of a large value, to wit, of the value of /. and converted and disposed thereof to your own use; I do therefore, as the at- torney of and for the said A. B. in this behalf, ac- cording to the form of tiie statute in such case made and pro\ idod, hereby give you notice, that 1 shall, at or soon after the expiration of one calendar month from tlie time of your being served with this notice, cause a writ of to be sued out of his majesty's NOTICES OF ACTION. 15 majesty's court of King's Bench at JVestminstery Chap. III. against you, at the suit of the said A. B. for the said trespass, and shall proceed against you tliereuppii according to law. Dated, (Kc.) (Indorsement, as before.) Yom''s, SCf. E.F. Attorney for the said A. B. To C. D. and E. F. officers of his majesty's Ex- cise. (§ 17.) The like, by . the pnrty, ano« I do hereby, according to the form of the sta- ther way, for tutc in such case made and provided, give you no- de°tam'mg\he tice, that 1 shall, by my attorney Mr. E. F. of piaintiti's ' : , , horse aud carl, at or soon after the expiration of one calendar mouth &c. from the time of your being served with this notice, cause a writ of to be sued out of his majesty's court of King's Bench at Westminster ^ against you, at my suit ; for that you the said C. I), and E. F. on the day of last, with force and arms, seized and laid hold of my horse, of a large price, which was then passing in and along the king's highway, and drawing my cart, of a large value, wherein I was then riding and gc)ing in and about my lawful and necessary affairs and business ; and with- out my licence or consent, and against my will, stop- ped and detained me and my said horse and cart for a long space of time, to wit, for the space of , dining which I not only lost and was deprived of the use and benefit of my said horse and cvrt, but was hindered and prevented from doing and transacting my lawful and necessary affairs and business: And rilso for tliat you the said C. I), and E. F. on the said day of last, with force and arms, seized and I « m • „ '"i 16 BfiMAND OF COPY CHAr. 111. arid took my said horse and cart, and kept and dc-» tained the same against my will, for another long ^IJace of time, to wit, for tlie space of during - . which I lost and was deprived of the use and benefit of my said horse and cart : And also for that you the said C. D. and E. F. on the said day of last, with force and arms, assaulted, beat, bruised, wounded and ill-treated me, and imprisoned me, and kept and detained me in prison, without any reason- able or probable cause whatsoever, for a long space of time, to wit, for the space of contrary to the • ' laws and customs of this realm, and against my will; and rent, tore, damaged and spoiled my cloaths, of » large value, which I then had on and wore: And other wrongs to me did, to my great damage, and , against the peace of our lord the now king. Dated, (&V.) (Indorsement, as before.) Your's, 5Cc. A.D, {\ 18.) Demand on a coiwstaljle, of tlie pi'i'iisal antl I'upy of a wanaftt. I do hereby, as the attorney of and for A. B» of , according to the form of the statute in such case made and provided, demand of you, the perusal and copy of the warrant, by virtue or under colour whereof you did, on or about the day of last, apprehend the said A.B. and carry and convey liiui in custody, to and before G.II. esquire, one of his majesty's justices of the peace in and for the county of . Dated, (5(t'.) To Mr. CD, Yours, &V. E.F. Attorney for the said A. B, To Mr. OP WARRANT. i do hereby, as the attorney of and for A.li, Chap. III. of according to the form of tlie statute in (§ i^.) qaoler. snch case made and provided, demand of you the ^^^' ^^^^' "" ^ perusal and copy of tlie warrant of conunitment and detainer, under whicli \ ou received into your custody tlie said A. B. on or about the d.iy of last, and kept and detained him in custody for the space cf then next following. Dated, (&c.) Yours, &c. E.F. Attorney for the said A. B^ TbMr. C.Z». '»• .v;^ r 18 J •> • CHAP. IV^ Of the Bill o/ Middlesex (tnd Latitat j and SUBSEQUENT ?U()C£SS tkct'COn. (§1.) Sufrifi/r, or plaint hi tres- Attarhiiient thertoa. Middlesex^ (to wit). .1. B, complains of C.I). For that tlie said C. J), on the (!;iy of in the year of the ri'ign of om* lord tlie now king", with force and arms, cS'c. broke and entered the close of the said A. B. at in tlie county aforesaid; and oilier wron<;s to him did, to the da- mage of the said A. B. of /. and against the peace of our tjaid lord the now king, &c. John Doi% Pledges to prosecute, and Bichard Roe. The sheriff is commanded, that he attach CD. so that he be before our lord the king at West- 7tii?istcry on next after to answer //. B. of a plea of trespass, and that Ire have there then this precept. I3y Bill. ircnj. Return of aCarfiiuc.is est. The within named C. D. is attached b pledges Tiie answer of ■ SCIL ■ sheriff. R'-turn of 'u'iii habct. The within-iiatued C. D. hath nothing in my bai- liwick, by which he can be attached. The answer of sheriff. Middle- BILLS OF MinDLrsEX, SiC t9 \Ty and of C.I). of tlic no\f 1 entered 2 countj o the (la- ainst the » DoCf nd \iard Roe, ai c. 1). [at West- ul. B. of Ithen tills Waij. SC.IL sheriff. Middlesex, (to wit). P.ili for ./. B. against C D. Chap. IV^ returnable on next after . (5 5.) E. F. attornev. Prxcipr ibr - bill of Middl*?- — — 13 — . .sux, not bail- ) able. Middlesex y (to wit). The sheriff is command- (§6.) ed to take C. D. and Ricluml Roc, if they be f;i';;f^J';'^J:- found in his baiUwick, and them safely keep, so that able he may have their bodies belbro the lord the king at Wesfminslci'y on next after , to answer A. B. of a plea of trespass j and that he have there the.! this precept. By Bill. Wai/. E. F. Temple, Plaintiff's attorney (or agent). 18—. Middlesex, (to wit). JUas (or pliin'es) bill for J. B. against C. D. returnable on — after . Indorwnu'nft thiTCoa. E. F. attorney. (5 8.) next ^/■""■'>'' '^''' . alius or pliirte.t bill ot Mid- dlesix. 18—. Middlesex, (to wit). The sheriff is command- (§ 9.) ed, as before he was (or as oftentimes before he fff,"'^°'',?'/'f"'" • ^ '^ . billof Middle- hath been) commanded, to take CD. and Richard sex. Roe, ise. (as in tiie biil of Middlesex, altering the return). I my bai- slieriff. \ Middle- (to wit). Latitat for A. B. against C. D. trespass, returnable on next after C 2 E. F. attorney, able. 18—. George (J 10.) Pritcipr for 'a~ tifat, noi bail- M BlLr.S OK MinnLF.SEX Chap. IV. (Ml-) Latitat, not George tljc Third, (.Vr.) To the sherifT of ■— — greeting: Whcrt'as wc latcl}- commuiidccl our she- riff of Middlesex^ that he should takt^ C. I), uiul liichard Hoc, if they should he found in his baili- wick, and them safely keep, so that he iTii;j:ht haver their bodies before us at Jrcstuiiiisft'r, at a certain day now past, to answer ./. B. of a plea of trespass; and our said slierilT of Midd/i'sc.v at that day re- turned to us, that the said CD. and Richard Poe were not found in his bailiwick; whereupon, on the behalf of the said A. I>. it is sufficiently testified in our court before \is, th •. the said C. J), and Richard Hoe do run up and doivh and secrete themselves in your county: Therefore we command you, that you take them, if they shall be found in your bailiwick, and them safely keep, so that you may have their bodies btfore us at IVcsiviiustcr, on next aftei to answer the said -/, B. of tJic plea afore- said, and h re there then this writ, ^\'itncss Ed-uard Lord Elh'nboro\ip;h, at IVestminntcr, the day of in the year of our reign. '^ ".V- Indorsement theicon, as bcforo, p. If). PrTnpr for alias or phi'riis (to wit). Alias {ov pliiries) capias for A. B. against C. J), trespass, returnable on next rtpias, not bail- after J'J. F. attorney. — — IS—. (5 !J-) Alias or l>i:trirs i-i7;i«/y,uot liiiil- George the Third, &.V. To the sheriff of p;reet- ing: We command you, as before (or '' as of- tentimes before') we have ennnnanded you, that vou take C. 1). and liichard Jioc, if they shall be found hi your bailiwick, and lliem salcly keep, so thiit' I '"•♦ 1^, AND LATITATS, ScC. ^i that you may have tlit'ir boiUcs before us ai fVest- Chab.iV, iniustcr, on iiuxt tifter to answer A. B. of a pica of trespass j and huvc there then tliis y^Tit. \V'itm;ss, (cVc) Middlesex, (to wit). Bill for A. B. against C. D. (^ u.) Cas«, for /. on promises, (or as the action is.) '*'■*«'/" for returnabk; on next atter . Midilewji. Oath for /. by affidavit filed. K. F. attorney, 18—. Middlesex, (to wit). The sheriff is commanded (5 15.) to take C. 1). and liiehard Hoe, if they shall be ^niiahiv bill of found in his bailiwick, and them safely keep, so * that he may have their bodies before the lord the » kin*"; at Westminster^ on next after to answer A. B. of a plea of trespass, and also to a bill of the said //. B. to be exhibited against the said C. 1). for /. upon promises, according to the custom of the court of tlie su. 'ord the king, be- fore the king himself; and that iie have tliere then this precept. By Bill. /r^j/. Bail by affidavit for /. E. F. Temple, 18—. Middlesex, (to wit). Alias {or plun'es) bill for ^.J5. C. J). Case, for — (§115- a.) Indorsement tlii-reon. (§16-*.) aijamst — L on promises, lor ''r'^'^'f' ^^^ . ... r ' \ „ii„f Qf piunft as the action is,) returnable on — — next after I'll! of Middu. . itx, bailable. Oath for /. by affidavit filed. C 3 jE*. F. attorney, 13—. Middle. It "j a 1' t'l M li, I H! '1. 2S «ILLS OF MIDDLESKX Chap. IV. Mi(i(ih'si'i\ (to wit). 'I'hc slierilT js rouiniand- (§ n.) cd, as bclorii lie was (or " as oftc*ntimcs bcl'orc lie d'i''W'{"!'''* •»"t^» bi'on") comujandiul, to taki* C. J), and Hi- bill of MkIiI'c. »Lx, bttiiubu. c/ianl JfoCy Sc, (as iu the bill of M idiilcscx^ altering tliL' return). (^18.) MiMfsr.v, (to wit). A'on owifiashW] for y/. Z?. f3'"bii'i :?" ".^"'"^t r. /;. Case, lor /. on pronii.os, (or a^ Middlesex. the action is), rcturnahlo, (is'f.) £. F. at',()rney, 1 8—. Oath for /. bv a.'Hda'/it fdod. (5 19-) billofMiddlc- Middlesex^ (to wit). The shi^riff is commnnd- rd, that he oinit not by reason of any liberty in his county, but that he enter the same, and take C. I), and Rirhdvd Pvc, if tln'y shall be fonnil in his bailiwick, and them safely koo]), so that he may have their bodies before the lord the king" at IVest- vv'usffr, on next after , to answer //. B. rf a plea of trespass, and also to a bill, ^c. (as before.) By Bill. JVajj. Indorsement as before, p. 21. , (to wit). LdtifJt for .'/. //, ac^ainst C. J). f^ 90.) Pr>reipff^^T C'ase, for /. on nrciuiisi'.s, returnable on l>»ilabk iulttat. . * ' next alter . £. F. attorney. %f 18—. yree wick I their I day and J Oath for /. bv affidavit filed. George AND LATITATS, &C. IVajj. C. J). i .1 George till' Third, (isc.) To the shciilTof CilAP. IV rcL'im":: \V lorcus wc lately coinmutu leil our she- IF of Middlesex, that he should take C. J), and liiciiard Hoc, if ihty slwuld hi- found in his h;iih- wick, and iheiu sat'cly krep, so that he mi^ht have their bodies before us at Westminster, at a eertuin day now past, to aiiswer A. li. of a plea of trespass, and also to a bill of liie said -7. B. to he exhibited a, for J 1 ^ . idnu 111' jHnrii • («t I ' ,intna agaiust C.J). &c. (as for a conmion latitat). oniinty-l)jiU- tiue. Ceorga AND LATITATS, 8cC. 25 George the Third, [by our writ under the seal of our said county-palatine to be duly made, and to be directed to the sheriff of our said county-palatine, you command the said sheriff, (or, if in Durham^ that by our writ under the seal of your bishoprick to be duly made, and directed to the sheriff of the county of Durham, you cause the said KJieriff to be commanded,) that he take the said C. D, and Richard Roe, if they shall be found in his baili- wick, and them safely keep, so tiiat he may have their bodies before us at Westminster, on — ^ — next after to answer the said A. B. of the plea and to tlie bill aforesaid ; and have there then this writ. M'itness, (t^V.) And mi 29 Chap. IV. BILLS OF MIDDLESEX And also to a bill of the said yl. and B. as ex- ecutors of tlio last will and testament of E. F. de- 'Jmmpsiulx ^'■^'•^'^^'^i to bij exiiibited against the said C. 1). for ♦he suit oft AC- /. upoa promises, according to the custom of the court of the said lord the king before the king himself (in a bill of Middlesex ; or in a latitat ^ ac- cording to the custom of our court before us.) The llkf, at ihe unit of iid- Jttioistrarois, J\nd also to a bill of the said A. and li. as ad- niiiiistrators of all and singular the goods, chat- tels and credits, which were of E, F. deceased, at the time of his death, who died intestate, to be exhi- bited against the said C. D. for /. upon pro-r mises, according, (&'f.) And also to a bill of the said A. and B. as as- sioiiccs of the estate and effects of E. F. a bank- er 3i.> The like, at She suit of assistitcs of a rupt, according to the force, form and effect of the lia^ikrupt. , • 1 1 , . 1 I • several statutes conccrnnig bankrupts, to be exhi- bited auainst the said C. J), for mises, according, (^V.) /. upon pro-i ■'''HI (5 55.) And also to a bill of the said A. B. to be cx- }n eov«juiixt. jiibitecl against the said C. 1). for breach of cove- nant, to the damage of the said A. B- of /. ac- cording, (&."<:.) (5 ^5-) In dfbt on Hood, &i.c. And also to a bill of the said A. B. to be ex- hibited against the said C. D. for — — /. debt, ac- cording, (&'f.) And it' AND LATITATS, &C. St And also to a bill of the said y/. li. to be f xhi- Chap. IV. bited against the said C. D. in a pica of debt on (§ 34.) recognizance, according, [^c) In d«^bt OH i*o. And also to a bill of the said A. li. to be exhi- (^ ^^-^ bited against the said C. D. for /. in debt on sta- tute." Jute, according, (i^'t•.) And also to a bill of the said A, B. to be ex- (P*!.) hlbitcd against the said C. D. for detaining the ludciiuur. goods and chattels (or " deeds and writings") of the said^r^. B. to the value of /. according, {isc.) And also to a bill of the said A.B. to be ex- (§37.) Iiibitcd against the said C. J), for convertitig and '" trover, disposing of the goods and chattels of the said ^. B. to the value of /. according, (>S • ■' K i ' i m 1 i i ■:■!! \i -1 '• l^ i 28 BILI,S OF MIDDLESEX Chap. IV. To the shcrift' (or slierilTs) of our city (or town (5*1) and county of the town) of . Direction to thcshcritf or phcridsofa And note; the cities of Cantcrlmru, E.vctci\ fily.or town r • i • r -• ^li county. LUcnJicM, and Worcester, and the towns of Kinff- stou^upon-Hull, JVe-u'eastlc vpou-Tijne, PooU\ and Southampton , have only one shcrilT; but the cities of Bristol, Chester, Coventry, Gloucester, Lincoln, Lon- don, Norii'ich, and York, and the town oi Netting^ ham, have two sherifl's. (5^2.) To tlie coroner of our city o^ London, (or coro- , to the ,,( corojier. Thciikc.tothe jjers of our county of ). I . I n (§43.) To our chancellor of our county-palatine of Z(T«« The like, to a Ciister, or to hi.s deputy there. rounty-pala- tiuc. To our chamberlain of our county-palatine of Chester, or his deputy. To the reverend father in God by divine (5 44.) permission lord bishop o^^ Durham, or to his chan- cellor there. To our constable Tor lieutenant) of our castle Thehkctothc of Doi;er, or to his deiiuty there. cinquc-ports. '■ *^ (5«-) To the mayor and bailiffs of our boroua;hof Bcr~ The like, to xiu'ck-upon- Lu'ced. Ecnmck, As Ikr. As t:i AND LATITATS, &C. 29 As vet of term, in the year of the Cjtap. IV. rcigii of king George the Third. Witness (^"^g.) Edward Lord EUcnborough. ll^^^^ Middlesex, (to wit.) The sheriff is commanded '^» ^\ 'o". '<> . . , , save tiji' sla- that he take C. D. and Bichard Roe, it they sliall be tutuof limita* found in his baiUwick, and them safely keep, so a\vw.d"jfa/,«f. that he may have tlieir bodicj before th'.; lord the kinir at Wesfynimter, on next after , to answer A. B. of a plea of trespass; and that the said siieriff have there then this precept. By Bill. Way. At which day, before our lord the king at West- viinster, comes the said A. B. in his proper person, and offers himself against the said C. D. and Riehard Roc, in the plea aforesaid; and the sheriff, to wit, and sheriff of ?[iddlese.v aforesaid, now here returns, that the said C. D. and Richard Roe are nf>t, nor is either of them, found in his baili- wick ; and the said C. 1). and Richard Roc do not come. Therefore, as befo. e, the suid sheriff is com- Award of «/;j*. manded, that he take the said C. I), and Richard Roc^ if they shall be found in his bailiwick, and them safely keep, so that he may Imve tlrcir bodies be- fore our said lord the king at IVestminstcr, on next after • to answer to the said A. B. of the plea aforesaid: Tin; same day is given to the said A. B. there, cSf. Middlesex, (to wit). Entry of bill of Middlesex, (§4-7.) between ./. B. plaintiff, and C D. dcfentluut, re- ^"""^"^ ^='1'"'' turnabie on, (^Vc.) Roll . As >.)i|: tt S i um Chap. IV. (§ -18.) lutry of lad- tilt, and award tt[ alias ami piuiie* cal>iut. BrLLS OF MrUDLESEX, &.C. As yet of term, in the year of the reign of king George the Third. Wit- ness Ed'd\ird Lord KUenhorovgh. England., (to wit). Our lord the king sent to his sheriff of his writ close in these words, to wit, George the Third, &.V. (here copy the latitat). At which day, before our said lord the king at IVe.st- minsttr, comes the said J. B. in hispTop«.;r person, and ofl'ers himself against the said C. D. in the plea aforesaid; and the sheriff, to wit, sheriff" of aforesaid, nowhere returns, that the said C. D. is not found in his bailiwick ; and the said C. 1). does Award of •J/70J. notcome: Therefore, as before, the said sheriff is. commanded, that he take the said C. D. if he shall he found in his bailiwick, and him safely keep, sc tliat he may have his body before our said lord the king at Westminster, on next after to Coutiimanoe ti'i' viaxviiun fuui miiit bre-je. Award of plu" viat. answer the said J. B. of the plea aforesaid ; the same day is given to the said A. B. there, ^'^c. At which day, before our said lord the king at West- minster, comes the s^id A. B. in his proper person, and offers himself against the said C. D. in the pica aforesaid; and the sheriff of afoi-esaid haih not sent the writ of our said lord the king to him in that behalf directed, nor hath he done any thing thereupon : Therefore the said slierif!" is command- ed (as oftentimes before he hath been commanded) that he take the said C. J), if he shall be found in his bailiwick, and him safely keep, so that he may havcr his body before our said lord the king at Westmin' ster, on next after , to answer the said A. B. of the pica aforesaid ; the same day is given to the saidyjf. B, there, 6(t'. 4 uig; [ 31 J CHAP. V. f)fthc Original Writ, and Process thereon^ pre- vious /o //tt Capias. (to wit). C OMMAND C. /).Jatc of (^1-) in that iustlv and without dehiv he keep with A. li. the P>-^"P\ <""'■;'« J J . . oniiiiiul writ ir covenant or (covenants) made by the said C. D. with covLuaiit the said A. B. according to the force, form and ef- fect of a certain indenture, (or deed-poll, or arti- cles of agreement, as the case miy be,) in that be- half made between tlicm, as it is said ; and unless, \ \\ P I: George the Third, by the grace of God of the (§ i.) united kingdom of (rveat Britain and Ireland king, Ori-inai writ defender of the faith, to the sheriff of - greet- ing: Command C.J), late of that justly and without delay he keep with A. P. the covenant (or covenants) made by the said C. D. with the said A. B. according to the force, form and effect of a certain indenture, (or deed-poll, or articles of agree- ment,) in that behalf made between them, as it is said : "and unless he shall so do, and if the said A. B. shall make you secure of prosecuting his claim, then sununon by good summoners the said C. D. that he be before us, on wheresoever we shall then be in E}}glami, to shew wherefore he hath noi. done it; thcrt:oii. 'i 1 m 32 OIUOIKAL WRITS. Chap. V. and have tlicre the names of the summoners, and this writ. ^V'■itncss oursclf at Westminster ^ tlie day of in the year of our reign. (§3.) (to wit). Command C. D. late of tliat iliSwri?", J"^*^y ^^^ without delay he render to A. B. the sum **c''^' of /. of pfood and lawful money of Great Jiri~ taiiij which he owes to, and imjustly detains froiA him, as it is said; and uhlossj cW. (5*) Original writ thereon. ill; Gcorsre the Third, (cVr.) To the sheriff of . greeting : Command C. D. late of that justly and without delay he rend«ir to A. B. the sum of /. of good and lawful money of Great Britain ^ which he owes to, and unjustly detains from him, as it is said: .md unless he shall so do, and if the said A. B, shall make you secure of prosecuting his claim, then summon hy good summoners tlie said C. I), that he be before us, on wheresoever we shall then be in Ensfland^ to shew wherefore he hath not done it; and have there the pames of the summoners, and this writ. Witness ourself at West- 7nins(er, the da}- of in the year oi* our reign. For the form of tlie original WTit and process against a peer or member of the House of Com- mons, see the Practice, pi. Ill, 12. fgj; or if the action be against a corporation, insert their proper rtyle, as *' the mayor and commonalty and citizens of the city of London,^'' Kc. ; or if .igainst hundrcd- ors, call them, *' the men inhabiting within thie hundred of in your county." — — (tV ^ « AV.b PRCCF.SS, &.C. 33 — — (to wit). If yl. B. make you secure, 6Cc. (Jhap. V. then put oy gaj^rcs and safe pledges C. D. late of (§ 5.) that ho before our lord the king, on Precipe for »n uriginal writ^ wheresoever our said lord the king shall then be in ia cass. England^ to shew, For tliat wliereas, &iC-, (here set out the cause of action, as in a declaration,) to the damage of the said A. B. of I. a? it is said, Kc. George tlie Tliird, (&V.) To the sheriff of (§6) thurcen. greeting: If ^1- B. shall make you secure of prose- ©"Tin*! writ cuting his claim, then put by gages and safe pledges C. D. late of that he be before lis, on wheresoever we shall then be in England, to shew. For that whereas, ^c. (as in the "prc^cipey to the words " as it is said"); and have there the names of the pledges, and this writ. Witness ourself at Westminster, the day of in the year of our reign. t1, ! \;\ G^or^t; the Third, (^c.) To the sheriff of (§7.) greeting: Put by gages and safe pledges C. D. late Pob? or attach- of that he be before us, on wheresoever "SaT'n^u, we shall then be in England, to answer to A. B. of "'^ «-oveaaai «w a plea that he keep with him the covenant, (&f.) or that he render to him, &"f. (as in the original writj to the words " as it is said,") and to shew wherefore as he he was not before us at Westtninster, on — ■ was summoned ; and have there the names of the pledges, and this writ. Witness Edward Lord EU Icnborough, at Westminster, the — — day of— — in the year of our reig-n. Keni/on, D The i^ 11 11 ,11 '5 ' t m 14 Chap. V. (5 s.) .sl'.iiH ' ; n-. ti(t'|i Ihuiutu. a 9.) Tcildllllit pDlh' or uttacliiiit'iit. f.v ORIGINAL WHirS Tliu witliin-nauied ('. D. is nttached by pledges, E. /'. und (i. 11. (or has nothing in my bailiwick, by wliicli he can br. attaciied). George the Third, {Kc. ) To the sheriff of greeting: Put by gages and safe pledges C. D. late of that he be before us on wheresoever we shall then be in F.Uiiland^ to answer to A. B. of a plea, htringas issued in this cause, it is ordered, (§ 13.) Rule iiisi for z'* n I 1 ~ 1 ^ c \ ' ■ o • ' *^* *^1* ^^ c.yy. ^tnat the defendant upon notice, («t'.) issues. sliall on shew cause why the issues returned upon the said several writs of distringas should not be sold, and the monies arising from the sale thereof should not be forthwith brought into court, and why D 2 it H ' 1 Si im r?- 1 rl-^i S# ORIGINAL WRITS Chap. V. it«hould not te referred to the Master to ta?r the plaimtff his coAs, occasioned by his issuing out the said several writs; and why the costs, when taxed, should not be paid out of the monies so brought into court, and why the surplus of the said money, after payment of the said costs, should not be re- tained in court, until the purpose of the said writs Ibc answered. On the uiotion of Mr. . By the Court, TABLE AND PROCJESS, kc. S7 (A W H > • = ■' s u g -A .^ - 3 5'« a S"^ 'S'a t: to V S U b b U ■3 V V «> w ^ ?j rt « (4 „ 54 >« X X S U 4' b V r B e s a c a e a COCO 1-1 c* o •♦ e . • >• « -a 'S.-=£'5.'S •&* -g ^ i» ^ rt wa ■>' S ^■^ 15 c ^ "" I*, o ^ u- 2 o « i o ■£ «a ♦' -3 1^ »4 V^ N-4 H W H > «, w *J I a a a i e« n «* o § C9 L. W 4j x tfl s a £■ a u ' o aj b ^ ^ e " ■SOS w ^ b = « S £ " fl B * a ° -a c - - B H C _ -K ■M (— I MM r^ Vw/ »™ e< c", ■* »o >-%««■♦ r-^ rj* fl >' a l^ ",■ . i! 38 - • dtlGINAL WRITS Chap. V. la Chancery/ ' ^. i?. plaintiff, ' Between and .»r *^'5 C Z). defendant; (§ 15.) To the right honordble the Master of the Rolls* MaitiTtVAhe* '^^^ humble petition of y/. B. plaintiff; Rolls, for origi- Sheweth, ■ . •'' That your petitioner m term (or vacation) last, commenced an action atlaw against the above- named C. D. late of — — in his majesty's court of Common Pleas at Westwinstery in a plea of trespass on the case, to his damage of /. (or as the plea is), wherein your petitioner hath laid his venue in the county of ; and judgment hath been ob- • ■' tained in such action, in ^ term last past, for > /. damages and /. costs (or according to '.] the fact;) whereupon the said defendant hath brought his writ of error, returnable in his majesty's court of King's Bench, on wheresoever, (Kc.) but no further proceedings have been had thereon. That your petitioner hath not as yet sued out any original writ to warrant the said judgment; and he is advised, that it is necessary the same should be s , sued out, to warrant the said judgment : But the time 7 for applying for the same in the ordinary course '. -.X,,,;; . being expired, the cursitor of the said county can- " not make out the same, without your honor's order '' ' for that purpose. Your petitioner therefore humbly prays your ho- nor, to grant unto him an order, that the cursitor for the said county of may issue an original writ in this cause, out of his majesty's high court of , Chancery," !! AIJD PROCESS, &.C. . ' • * ■ ' v Chancery, returnable in his said majesty's court of Chap. Y Common Pleas, on in terra last. • . . . . And your petitioner shall ever pray, &"c. ' ., *<. " A.B. ' ^ 3d 18- (§ 16.) Be it so ; and let the petitioner pay the defendant '^'"' i'»«:reya. h'.: costs in error, in case he shall not, after having ^;, had notice of this order, further prosecute his said writ of error J and hereof give notice forthwith. •■ - -■ :■ ^ -"-:■ IV. Grant. n ^ i^v.^' :J the day of ■ in the year (§ \n.) . , of the reign of his majesty king George the Order thcrt-on. Third, 18 — . Between A. £. plaintiff and C. D. defendant. Upon consideration this day had by the right honourable the master of the Rolls, of the humble petition of the plaintiff, setting forth that the pe- titioner having in term (or vacation) last past, cbmmenced an action, Kc. (reciting the petition) : It is thereupon ordered, that the cursitor of the said county of do issue an original writ in this cause, out of this court, returnable in his majesty's court of Common Pleas, on in term last past: And it is further ordered, that the petitioner pay the defendant his costs in error, in case the de- " fendant shall not, after having had notice of this - order, further prosecute his said writ of error; and . \ hereof notice is to be given forthwith. j *' >iilJi u'j x\ , ?■ D 4 ■.M'-'i' ill (V ml f ' U 40 ] •*/.rv^;^i^ ■■V;«« *"'/*i^', ' ■ -^ -^ "•: " 'V/.....,- ^.. .■■'■.■' '^-^-^,,f..- 1 1 - 1 > , ^\«.;., •■■ /■.. a»/-; , ■ 1 ogai * . '_ pHAP. VI. 1 ^len 1 act;c :'^.''».f\ (§ 1.) beginning and conclusion of a Itill against a tnembcr of the House of Corn- jHons. Beginning of a bill against se- veral defen- dants, one of them beias a Bteuiberj aiid the ofhers in eustody of the piarsh^h 0/ the Bill and Process against Members of the House o/" Commons. Way. ^..^ term, in die yc?ir of the reign ^f • - King George the Third. (to wit.) ^. B. complains of C. D. esquire, having privilege of parliament, of a plea of trespass on the case, &'c. (or as the plea is) : For that where- as, isc. (omitting the charge of fraud and deceit It the breach in assumpsit, and concluding as follows ? f And the said ^. B. prays the process of our Idrd the king, to be made to him thereupon against the said C. D. according to the form of the statute in buch case made and provided ; and it is granted tQ him, &("c. ,, , ; ^ . {John DoCf and ^, . , . Richard Roe., -— — (to wit). A.. ^. complains of C. D. E.P. fnd G. H. the said C!- -O. having privilege of par- liament, and the said E, F- iind G. H. being in the Qjistody of the marshal of tl^e Marshalsea of our lord the now king, before the king himself, of a plea of trespass on the case, fiCc. (or as the pica is) : For that whereas, 6fc. (to the end of the bill, concluding as before.) . •■s ' - ^ (to li: « r- ^ BILL AND PROCESS, 8CC. • H . (to wit). Writ of summons for 4' ^. Chap. Vl. against C. D. esquire, having privilege of parlin. « 3) inent. Case, for 1, upon promises, (or as the of •o^oni. action is) returnable on next after . , , . , , £. /\ attorney. ■ .■ ' •'. ^•-■' ^ 18—. Ge-or/fe the Third, {Kc.) To the sheriff of — ^ <§ *■> , t 1. Writof«oBi- greeting : We command you, that you cause to be j,^^^^ summoned C. D. esquire, having privilege of par- liament, that he be before us at Westminster^ on — — < next after to answer A. B. of a plea of trespass yi, on the case, to the damage of the said A. B. Kii . - ■: /. (or as the plea is) , as he shall be able reason- ably to shew, that thereof he ought to answer ; and have there then this writ. Witness Edward Lord £lknbor(mghf {i^c.) _ _. .^ (to Testatum mons. %t Oeorge the Third, (Sfc.) To the sheriff of greeting : We command you, thkt you cause to be summoned, S^c. (as in the writ of summons to the word " answer," and then as follows) : Andwhere- ppon our sheriff of at a cettaiivday now pasi returned to us at Westminster, that the said C. D. had nothing in his bailiwick, by which he could be summoned ; whereas it is testified in our said court before us, tJjat the said C. D. may be summoned in your bailiwick ; and have there then this writ. Witness, (*("c.) . . . . ,_ ," . (to wit). Distringas for A. B. against (5 s.) f. D. e,;quiie, having privilege cf parliament. Case, Pracipahx Hi- for W^ ii.a.. If '/-■" < , Chap. VI. for BILL AND PROCESS AGAINST Hiitrin^as. 1( .!?■"£!'• — /. upon promises, (or as the action is,) returnable on^ next after . E. F. attorney. 18—. D^ti^ f«*i..-^.■^I.M.~ ti (5 ^) JtVtas or pluriet disiringas^ George the Third, {^c.) To the sheriff of greeting : We command you, that you distrain C. I), esquire, liaving privilege of pai'iianicnt, by all his lands and chattels in your bailiwick, , o that ncitlier he, nor any one for him, do lay hands on the same, until you shall have anotlier command from us in that behalf, and that you answer to us for the issu'"- thereof, so that he be before us at JVest^ minster y on next after — — to answer A. B. m a pica of trespass on the Case upon promises, to the damage of the said /t. B. of -: /. (or as the plea is), and to hear his judgment thereupon of many defaults ; and have there then this writ. Witness, George tie Third, (&V.) To the sheriff of greeting : We command you, as before^ (or as oftentimes before) we have commanded you, that you distrain, &'c. (as before). . (§8.) Tfstntum dis- tringas. George the Third, (S,i-^'. ' As yet of of the .M .Third. term, in the reign of king — year Gcorffe the •? lenlfoivugh. Witness Edward Lord £1- — — (to wit). Be it rememhered^ that on next after in this same term, before our lord the king at Westminster, comes Jl. B. by E. F. his attorney, and brings into the court of our said lord the king, before the king himself now here, his cer- tain bill against C. D. esquire, having privilege of parliament, of a plea of trespass on the 'case, 6Cr. (or as the plea is) ; and there are pledges for the prosecution thereof, to wit, John Doe and Bicfiard Boe; which said bill follows in these words, (that is to say): (to wit). A. B. complains of C. I). esquire, ^c, (here copy the bill, to the words " and therefore he brings his suit, fi<"f." and then proceed as follows) : And the said Jl. B. prays the process of our said lord the king, to be made to h- i tlieroupon against the said C. J), according to the form of the statute in such case made and provided ; and it is granted to him, &"i-. whereby the sheriff of is commanded, that he cause to be summoned the said C. D, having privilege of parliament, that he be before our said lord tlie king at Westminster, on next aater to answer the said A. B. of a plea of trespass on the case, to the damage of the Ei\try of a bill and process iiitaiiistaiiicin- ber ot' the Ilutist; ofCoin- rutiis, to save thu iitututc. said A. B. of /. (or as the pica is), as he shall be *$ BILL AND PROCESS) &C. Cbap, YI, ^ able reasonably to shew that thereof he ought t» ansv/er ; and that the said sheriff have there then thft wrU of our said lord the king, to him thereupon directed ; the same day is given to the said A. B. there, Uc. At which day before our said lord the king at Westminster J comes the said A,B. by E.F, '" his attorney, and offers himself against the said C. D. in the plea aforesaid ; and the sheriff, to wit, ■ iiheriff of the said county of now here returns that the said C. D. hath not any thing in his baili- wicb whereby he can be sUmmoned> and thp sai4 C. D. doth not come. - f*;**'" #;i..: 7b i; » ■■;l n ii'- I', ^ ■• Jr.: ■ ■:\ ■». V .A, '111 'ft ^ s ■i-. 1 - - i'-.; '•»•; wv' ^#'E,cc ;-' iif.; . i 45 3 T^ ^.i • CHsVP. VII. 0/theCAfiAs Ay Original, and Process ^Out- lawry. George the Third, (fift.) To the bheriff of « i.y ffreeting : We command you, that vou take Capht^ C. D. late of if he be found in your bailiwick, and him safely keep, so that you may have his body before n wheresoever we shall then be in England j to answer A. B. in a plea, for that whereas, £Ct'. (in case ; or in covenant, of a plea that ke keep, idc. or in debt, of a plea tha>- he* render, Kc. as in the original, to the words <' a. , is said,'*) and have there this writ. Witness Edward Lord ElUnbormighy at Westminster ^ the day of in the year of our reign. Keny9n. ki-'V ''i-C^' i-Uir',- 'miiSf ' f/. I. ;V Bail by affidavit for - E. F. Temple, PlaintilTs attorney (or agent). Ifthe defendant is not to be arrested, the usual hotice to appear must be put at the end of the ca- pias, or other process with which the defendant is wrved, -' George (§2.) IndorseoMait tbiureM. |^'v■^ :! \ r: 46 ' CAPIAS BY oniGIN'AL ' ' Chap. VII. (^norge the Third, (cVf.) To the sheriff of — — (§ "^ ) greeting : We command you, as be/ore (or as qften- M/Xl."^^ " '" times) we have commanded you, that you take, {i("t*.) (§4.) Tfsfatum cu- piut. .■j! fn. ..v/- (§5.) A'cwi omlUas ca- pias. . ■#?*"'■ (5 6.) Exigi/acias, George the Third, (&,<•.) To the sheriff of greeting : We command you, that you take C. D. late of, ike. (as in the capias, altering the return, to the words " as it is said") ; and whereupon our sherliT of returned to us at a certain day now past, that the said C. I), was not found in his baili- wiek : whereas it is testijicd in our same court be- fore us, that the said C. D. lurks and wanders up and down in your county j and have tlicre this writ. Witness, {,^c.\ • w« George the Third, (5<"f.) To the sheriff of greeting: We command you, that you do not omit by reason of any liberty of the bailiff of the hundred of in your county, but that you take C. D. late of — :- if he be found in your bailiwick, add him safely keep, so that you have his body before us on wheresoever we shall then be in Englandy to answer A. B, in a plea, for that whereas, i^c, (as in the previous process) ; and have there this writ. Witness, (^Tc.) ,_..„ ,,, ,.,,„,., , . _ . •'5 \ George the Third, (STc. ) To the sheriff of greeting : We command you, that you cause C. D. late of to be demanded from county-court to county-court, (or, if in London, i"rom busting to hustingj ) until, according to the law and custom t»f .V, ,;^ England, ^S AND PROCESS OF OUTLAWRY, 47 England^ he be outlawed, if he doth not appear ; and Cfi a p. VII, if lie doth appear, then that you take him, and cause him to be safely kept, so that you may have his body bt'fore u» on wheresoever we shall then be in » Juiglatui, to answer to ^. B. of a pica, Kf. (as in the previous process, to the words *' as it is said") ; ar ' whereupon you returned to us on, Kc. (the re- turn of the pluriesj last past, that the said C. J), was not found in ygur bailiwick ; and have there this writ. Witiuiaa /Ld:i'ard Lord EilenLorovgh, {^c.) By virtue of this writ to me directed, at my (§ ''•^ couniy-court held at in and for the county of iiiercto! '^*"'* on the day of (or if in London, " at the busting of picas of land, holdcn in tlie Guildhall of the city of London^ on next afti'r ') in the yearwithin-written, the within-nanied C. J), was a first time de^nanded, and did not ap- pear : And at my county-court held at afore- said, on the day of in the j-c ar afore- said, (or at the busting, &V.) the said C. I), was a second time demanded, and did not appear : And at my county-court held at aforesaid, on ■ the day of — — in the year aforesaid, (or at the busting, &f,) the said C. D. was a third time demanded, and did not appear : And at my county- court held at aforesaid, on — r— the day of in the year aforesaid, (or at the busting, Kc. ) the said CD. was a fourth time demanded, and did not appear : And at my "ounty-court held at aforesaid, on — the day of in the year aforesaid, (or at the busting, Kc.) the said CD. v^as a fifth time demanded, and did not ap- - 1 •.•■;■ ■ '■,'-'.. pear: V i m 48 FKOCESS OF OtitLAWRV. i i rin< mi= Chap. VII. pear: Therefore by the judgment of Esquiriif and Esquire, coroners of our sovereign lord • ! ' the king for the i?ounty aforesaid, the said CD. according to the law and custom of England^ is , .' • ' V outlawed. •- ' \ The answer of —— sheri AT. , , If all the county-courts or hustings are not holoen in the time of the same shcrift', the return i^ as fol- lows: By virtue of this writ to me directed, fiCc. (stating , ^ ,. the county-courts or hustings at which the defend- i',^ ant was demanded, in the time of the preceding ^ sheriff, and concluding his return with " The an- swer of Sheriff," then proceed on a new line, as follows ) : This writ, as above indorsed, was delivered to I . me the under-named present sheriff, (or us the under- named present sheriffs,) by the above-named late sheriff, at his going out of office. At my county-court. Sir. (stating the county- ' • courts or hustings at which tlie defendant was de- manded, in the time of the succeeding sheriff, and ' concluding his return thus): ' ' ' ' • / • '"■ ^- ■'■ The answer, (&'c.) (§8.) JUlocatur exi' ftnL George the Third, (5Cc.) To the sheriff of-- — greeting: We command you, that allowing those' county-courts, (or if in London, those • hustings,) at which CD. late of — — was demand- ed, and did not appear, as you returned to us on, Kc. (the return of the exigent) last past, you cause the said C D. to be further demanded at your next county cour% (or busting, if only one return is '" • "• wanting. J»R0CHS8 OF OUTLAWRY. 49 "!• wanting, or if irnire than one, " from county-court Chap. VI1« to county-court," or " from liusting to husting,") until, according to the law aud custom o^ England ^ ' . " lie be outhiwed, if he: doth not appear, 5Cc. (as In .' ^ the exii^ent, altering the return, to the words ** as it * is said"); and have there this writ. Witness EiU •wanl\mi\ Ellenbofough^ at Wesfminstcf, the (lay of in the year of our reign. (The return of tlic exigent, if in term ; if not, the qiiarto die. post. ) Whereas by our writ, we btely com- WntofpraM '' *' clamativn. George the rhird, (S(V.). To the sheriff of greeting nianded you, that you should cause C, D. late of to be demanded from county-court to county- court, (or if in London, from husting to husting,) until, accordini[> to the law and custom of England^ iic should be outlawed, if he did not appear; and if he did appear, then that you should take him^ and cause him to be safely kept, so tliat you might iiave his body before us on wheresoever we should then be in England, to answer y/. B. of » plea, iVV. (as in the exigent ^ to the word-s *' as it is said"): Therefore we command 3'ou, that in pur- su-inco of the statute made in the thirty first year of the reign of tlie Lady Elizabeth late Queen of England, you cause the said CD. to be proclaimed upon tlu'ee several days, according to the form of that statute, one of which proclamations shall be made at or near the most usual door of the church of the parisli wht?re the said C. D. is dwelling, that he render himself unto you, so that you may have his body b(>f()re us, at the aforesaid time, whereso- lA ^: 50 PROCESS OF OUTLAWRY. Chap. VII. ever wfc shall tlicn be in England, to answer to i\)e said J, B. of the plea aforesaid i and have there thiit writ. Witness, (.SV.) , a , . t »♦ (§10.) ^W^e the Third, (ATr.) To the sheriff of Writofforciffn crcetinc : Whereas by our writ, we lately com- procUin»tton. " " •' » j nmnded our sheriff" of tlmt he should causn C. D. late of to be deniunded from county- court to county-court, (or if In l,ondony from bus- ting to busting,) until, according to the law and ' cuslom o( England, he should be outlawed, if Ikj did not appear ; and if he did appear, then that he should take him, and cause him to be safely kept, so that he might have liis body before us on wheresoever we should then be in England y to an- swer to A. h. of a plea, wVc. (as in tlic exigent, to the words '• as it is said"): Therefore we command you, that in pursuance of the statute made in the thirty-lirst year of the reign ot the Lady Elizabeth " • late Queen of England, you cause the said C.J), to be proclaimed upoii three sevcial days, according yb the form of that statute, one of which prcclamations shall be made at or near the most usual door of the church of the parish where the said C. J), is dwell- . ing, that he render himself to our sheriff" of so that he may have his body before us, at the afore- said time, wheresoever we shall then be in England, to answer to the said J. B. of the plea aforesaid ; and have there this wTit. Witness, (SCc.) By virtue of the within writ to pne directed, I Return to writ ^^^^^^ ^^^ within-namcd CD. to be proclaimed tiwik Hixma several days, according to tlic effect of the „ ,. within- turn to V vf proclaias- ii l*R0CfeS8 OF OCTLAWnV. '^ wltliin-mcntiuncd statute, us it is within Comiiiand- Chap. VII. I'd me. Tlie answer of — — shcriif. (Or more special, thus:) By tittuc of :he withi.. (i la.) writ to njc directed, at my county-court }»eld at Th" iiki, «no- in and for the county of ;- on - day of (or if in Ijondon, " at th — Ihe bust- ing of pleas of land, holden in the GnildhaV of the city of London y on next af^ r ') in th'- ycar within-written, I caused the said CZ>. tot .. proclaimed a first time: And at the general Qua. tCk* hiessioiis of the Peace held at af ...Mid, OH the day of in the year i foruiiaid, I caused the said CD. to be proclaimed a second time: And at the most usual door of the church ot' the parish of being the parish where the said C^])^ is dwelling, on Sundaj/ the d^iy of in tliu year aforesaid, iiiiniediatcly after divine sciv vice, one month at the least before the within^ named C. J), was demanded a fifth time, I caused the said C. D. to be proclaimed a third time, chat he should render himself unri> irA, (Or if a foreign proclamation, " unto the sheriff of ^") as witiiin it is commanded me. .1 ijc answer of ' ■ > ■■ sheriff/ George the Third, (5C<-.) To the sheriff of (i u.) greeting: Whert^as by our writ* we lately com- f^'"'''*^''''"*' J J . •' •' the e.x:iaeni,tj nil mandcd you, that you should cause C.Z>. late oi mpro;ldi,&,€, to be demanded from county-colirt to county- court, (or if in London^ from busting to busting,) until, according to the law and custom of Englandy r. 2 ■ }iM ^0 ' FnOCESS OF OUTtAWHr* Chap. VIL he sliould be outlawed, if he did not appear; and if he did appear, then that you should take him, and cause him to be safely kept, so that you might have his body before us, on wheresoercr we should then be in England, to answer to A. B. of a plea, ;* ' i/ ,.*^« {*s in the exigent, to the words, "as it \t said"): But because the said C. /). before the is- «uing (or return) of our said writ of exigent, ap- peared in our court before us by his' attorney, and often offered himself to answer the said A. B» ti the plea aforesaid, so that our said writ did not duly issue thercupcm against the said CD.; there- fore we command you, that you altogether cease any further demanding the said C. D. or outlawing, taking, or any way molesting him, on that occasion ; and have there this writ. Witness- (^V.) ' ^ « (§ I*) I hare attogether ceased from executing this writ, to the «iL«?" having received^his majesty's writ of supersedeas for ttiercupon. that piwpose.^ /J The answer of sheriff. (§ 15.) George the Third, {SCc.) To the sheriff of utT^atum'^'"'* g''^*^'''"S ' ^'^^ command you, that you do not omit by reason of anyliberty of yoirr county, but that yovt take CD. late of being outlawed in your »aid county, (or in the county where the outlawry was,) on the — — day of (or in London j ^Wf-'-" gjj — ^next after ) lasbpast, at the suit of »? >*-^ J,B. of a plea, S(c. {and if the writ issue into a different county from that in which the defendant was outlawed, say, *' as our sheriff of re- » -^ turned to us at Westminster ^ at a certain day now . past,") PROCESS OF OUTLAWRY. 53 past,") if he shall be found in your bailiwick, and Chap. VII. liim safely keep, so that you may liave his body be- - . fore us, on wheresoever we shall then be in Englandy to do and receive what our court before us shall consider of him in this behalf ; and have there this writ. Witness, {5Cc'.) . ;. .. ,, ^^, — George the Third, (cVf.) To our chancellor of (§ 16.) t)ur countv-palatine of Lancaster, or to his deputy The like, in a -' \ tr J county-pala- there, greeting; We command you, that by our tiue. writ under the seal of our said county-palatine to be duly made, and directed to the sheriff of the «ame county, you cause the said sheriff to be com- manded, that he do not omit by reason of any li- berty of his county, but that he take CD. late of being outlawed, [Sic.) if he shall be found in his bailiwick, and him safely keep, so that he may have his body before us, on wheresoever we . . shall then be in England, to do and receive what our court before u« shall consider of him in this be- half; and liave ther (§ 18.) Ilttarn. r: 'i T- i J ' (5 19.) loqui^itioo ti-\. at — (to wit). An inquisition indented, taken — in the county of < on the ■ ■ ' day of in the year of the reign of our sovereign lorci PROCESS OF OUTLAWRY. 55 lord George the Third, by the grace of God of tlie Chap. VII. united kingdom of Great Britain and Ireland king, defender of the faith, before me sheriff of the said county, by virtue of the king's writ to me di- rected, and to this inquisition annexed, upon the oath of E. F. G. //. &c. ^setting out the names of all the jurors,) honest and lawful men of my baili- wick, who being sworn and charged to inquire of all such matters and things as in the said writ are mentioned and contained, on their oath say, that C. J), in the said writ to this inquisition annexed / m^^ntioned, on , on which day he was outlawed jn th^ said county, (or in the ctaunty of— — or in London^) at the suit of A. B. in a plea, (5fr.) where- of he is convicted, was and yet is seised in his de- mesne as of fee, (or for the term of his life,) of and in one messuage and one close qf pasture, with the Tippurtenances, called or known by the name of • • ■■■ situate, lying and being in the parish of • " ■ in the county aforesaid, containing by esti- mation -— — acres of land, and now in the tenure or occupation of -— r- of the clear yearly value of /. in all issues, beyond reprises; and also of and in one other close of pasture, [i^c.) \\\ and sin- gular which said premises with the appurtenances above specified, I the said sheriff, by virtue of the said writ, on the said day of taking this inquisition, have taken and caused to be seised into the hands of our said lord the now king, as by the said writ I am commanded: And the jurors aforesaid, upon their oath aforesaid, further say, that the said C. 7). - ' at the time of \\\q outlawry aforesaid, or at any E 4 . - timo III •4 5$ TROCESS OF OUTLAWRY. Chap. VII. time afterwards, had no other or more lands or teno* ments, nor hath he any goods or chattels in njy bai- liwick, which can be seised or taken into his majes- ty's hands, by virtue of the said writ, to the know- ledge of the jurors aforesaid. In witness whereof, as well I tlie said sherilf, as the jurors aforcsaidj liave to this inquisition set our seals, the day and year, and at the place first above-mentioned. ,,.^, , If the defendant has goods, say, " that the said . C.D. on the said was and yet is possessed, as of his own proper goods and chattels, of and in the several goods and chattt^ls particularly mentioned and set forth in the schedule or*inventorv thereof ' hereunto annexed, which said goods and chattels are worth, to be sold, the sum of /. all which said goods and chattels, I the said sheriff, by virtue of the said writ, on the day of taking this inquisi* •tion, have seizccj and tUiken into his said majesty's hands, as by the said writ I am goumiauded," {^i^-) (^ 20.) Vcnddiuni i°.r- George the Third, (tVr.) To the sheriff of —. — greeting: Whereas by a certain inquisition indented, taken before you, at in your county, on, (&V.) by virtue of our writ of spe- cial capias iitlagaiion, under the seal of our court of King's Bench, to you the said sheriff directed, whereby we commanded you to inquire \vhat goods and chattels, hmds and tenements, C, D. late of ■ had m your bailiwick, the ^ day of then last past, or at any time afterwards, on which clay he was outlawed in your said count'', at the "■ , suit suit o oatii your on th( beccin inqui: PROCESS OF OUTLAWRY. suit of 'A. li. in a pk-a of, (wV'f.) it was fourtd by the oath of K. F. aiul other good and lawful men of your said county, tliat C. 1). in the said writ named, on the day of then last, on which day he became outlawed, and on the day of taking the «?aid inquisition, was possessed, as of his own proper goods and chattels, of and in the several goods and chattels particularly mentioned and expressed in the schedule or inventory thereof hereunto annexed, which said goods and chattels were worth, to be sold, the sum of /. ; all which said goods and ciiattt'ls'you the said sheriff, by virtue of our said writ, on the day of taking thfc said inquisition, did seize and take into our hands, as by the said writ and inquisition taken thereupon, transcribed into our court of Exchequer, and there remaining in felie custody of our remembrancer, more fully ap- pears: And ^ve being desirous to be satisfied of the > alue of the said goods and chattels in the said in- quisition mentioned, as is just, cominand you, that you sell, or cause to be sold, the said goods and, chattels, and every part thereof, for the best price that can be got for the same, apd at the least for the said sum of /. at which they were so ap- praised as alorcsaid, so that you have the sum of money arising by such sale, bef«re the barons of our Exchequer at IVestviinster, the day of this instant then and there to be paid to our use ; , and that you make then and there distinctly and plainly appear to our said barons, all that you shall do concerning the premises; and have then there this writ. VViincss.Sijr4;T/ in the -~^ year of our reign. By the said trapn.ript, arid by U. i\ fiV-,Kj«-'"ii,..:!i {% 25.) The tike, to be Slit i»( led out of the produce of his goods. To the right honourable the lords comnnssioners of his majesty's treasury. The humble petition of A.B. ; ./* j v/* ^• Sheweth, i . -_ ■ ....,..?.< That C. D. late of being justly indebted t« your petitioner in the sum of /. for goods sold, 4Cc. (as the fact is,) your petitioner commenced an action against tlie said C. D. for the recovery there-* of, wherein he has proceeded to outlawry, s^-j > -^ That a writ of special capias utlagaturn liaving is- sued agiynst the said CD. out of his majesty's court of King's Bench at Westminster t at the suit of your petitioner, an inquisition was taken thereon by tho sheriff of whereby certain goods and chattels to the value of /. mentioned in the said inquisition, were by the said sheriff seized and taken into his majesty's hands ; which writ and in- quisition being transcribed into his majesty's court of Exchequer at Westminster, a writ of venditioni expojias duly issued out of the said court, whereon -4 ^ « the .ii y . ! PROCESS OF OUTLAWRY. n the saiil sheriff hath returned, that he has by virtue Chap. VII. thereof caused the goods and chattels in the said last writ mentioned to be sold, for the sum of /. being the best price \c. could get for the same; ' • which money he had before the barons of the king's ,' ■\ Kxchequer at Westminster^ on the day in the said last writ mentioned, ready to be paid to his majes- ty's use, and which money now remains in the hands of the said sheriff. .. -^ v ,iv* i-r. ,; V • That your petitioner's said debt, and the ex- pcnces he has been at in the said proceedings, greatly exceed the sum so remaining in the sheriff's hands; and as his majesty is not concerned in interest, but his name only made use of by your petitioner, for the recovery of his said debt. Your petitioner therefore most humbly prays :' . your lordships, that his majesty's attorney- • general may be authorizeil to consent, on behalf of his majesty, that the said sum of /. may be paid to your petitioner, to- wards satisfaction of his said debt and costs. And your petitioner, as in duty bound, shall ever pray, SCa, ' ' Jy/iifehall Trcasuiy Chamber, '•■■"'' day of 18.— The right honourable the lords commissioners of his majesty's treasury are pleased to refer this pcti- rion to esquire, fsolieitor tothe treasury,) who is to consider the same, and report to their ford- ship's a true state of the petitioner's case, together with his opinion wliat is fit to be done therein. ■• These 'H-.. Refirenca thereon ^to- their swlicitwR I' I •^ ' PROCESS OF OUTLAVVr Jrizing him to consent to an order of his majesty's court of Exchequer, for esquircj, the present sheritf of the county of to pay cvf the said sum of /.now remaining in hi? bands, after deducting ^he sheriff's poundage for levying the same, and other incidental charges, unto the peti- tioner for his own use, towards satisfaction of his said debt and costs, whenever-a motion shall be made in the said court of Exchequer for that purpose. ■ All 63 Yll. ••> •" PROCESS UV OVTt.AWUV. Chap. VII. All wliic-h is Bcvcrtliclcss most humbly stiljiuittrd to your li)i(lsl|i|)H superior judgmciii. (§ 2S.) TV'oriniit ftir tlif affonicy- ICl'lUTill to (ijll- «<'Ht ti) Ull of. iiu'iit ui the luoucy. George R. Whkreas Hf arc given to understand, tlial tlirrc is rcnuuninj^ in tlic hands of csquiri-, the pre- sent sheriff of the eouiit \ of the sum of /. for so nuich nu)ncy levied by him on the several goods beh)nginn' to CD. wliieh were seized into our hands, by 'virtue of an in([uisition taken by^ir-r tue of n writ of capitis iitl(tg(tlu)n, issued out of our court of King's Bench, against the said C. 1). at the suit of A.B. for tlie recovery of a debt due and owing to him fron> the said C.J).: And whereas it further appears by reports, etM-tilieates, and other proper testimonies, which the connnissioiters of our treasury luivc hiid before us, that the debt due and owing to the said A. B. from the said C. I), toge- ther with the costs which he hath been put to in car- rying on the said prosecution against the said C.J). for recovery of the said debt, doth exceed the said sum of /. remaining in the hands of the said sheriff as aforesaid : To the end, tliereforc, that the said A.B. may have and receive some recompence and satisfaction towards his said debt, and titc charges he hath been put to it in suing for (he same ; our will and pleasure is, and we do iiereby autho- rize and direct you to consent and agree, that so much of the said sum of /. as doth or shall re- main in the hands of the said sherilV, after deducting the usual poundage for levying the same, bo paid qve,r to the said ^/. i.'. towards satisfaction of his - said moCEIS OF OUTLAWRY. CB j^a'td debt and costs accordingly, whenever he by his Chap. VU- counsel learned in the law shall think fit to move our court of Exchequer tor an order for that pur- pose ; and we do also autliorize and direct you to do, or cause to be done, such further or other acts, as our said court of Exchequer upon such motion shall or may judge necessary for rendering our intentions herein most firm, valid and cAectual; and for so do- ing, this shall be your warrant. Given at our court at Saint Jntnes'Sy the day of in tlic — — year of our reign. By his majesty's command. To our trusty and well-beloved the "j honorable Spencer Pera'valf our attorney-general . t the day of 18—. (§ 29.) Between the king and C. J), outlawed at the suit Or'l''' '««• «>• - . „ 1 TT 1 • « sheriff to pii*y of jd. B. Upon an outlawry. Upon the motion of the money to Mr. of counsel for A. B. informing the court, {J« p'*''^'^"- that the said CD. having been prosecuted to an outlawry by the said A. B. upon an action of tres- pass on the case, in his majesty's court of King*s Bench, a \vx\t of special capias utlagatum thereupon issued against the said defendant, under the seal of the said court, directed to the sheriff of ; by virtue whereof, the said sheriff' seized by inquisition several goods and chattels belonging to the said de- fendant, appraised at /. ; and further inform- ing the court, that the said writ of capias utlagatiini and inquisition being tra;nscribed into this court, a writ of venditioni exponas, under the seal of thia court, issued on tlie day of last, for sell- ing the said good><, returnable the day of , F at I.. I * i PROCESS tti' OUTLAWRY. CfIaK VII. at which time, esquire, the present sheriff of returned the said writ, and certified that he had sold the said goods and chattels for the said sum of /. It was therefore prayed by the said ^ Mr. that the said esquire, or his under- sheriff, might forthwith pay to the said A.B. or his ci'der, the said sun; of /. towards satisfaction of the debt due from thi said defendant to the said prosecutor: Whereupon, and on hearing the ho- norable Spencer Percival, his majesty's attorney- general, consenting thereto on the behalf of his ma- jesty, it is ordered by the court as prayed, the said sheriff first deducting out of the said »/. the usual poundage. '(§30.) Suhpcena. III Qporge the Third, by the grace of God, of the united kingdom of Great Britain and Ireland king, defender of the faith. To esquire, sheriff of our county of , or to his under-sheriff, greeting: We command you, that laying aside all excuses, you obe< , fulfil and perform all and every matter and thir g specified in an order of our court of Ex- chequer at Westminster, made in a cause in our said court depending between us and CD. outlawed at the suit of A.B. upon an out]a^vry; the tenor of which order, for your fuller information therein, is hereto annexed ; a.id this you are not to omit, under the penalty of one hundred pounds, which we shall cause to be levied upon your goods and chattels, lands and tenements, for our use, if you neglect this our command. Witness Sir Archibald Macdonatd knight, at Westminster, tlje day of in the ■' "f"""' '-'■ year flipCESS O*- OUTLAWRY. «T t ,i t't'. ij ■ i .vr,!l. ^ .i'l *— — year of our reign. By the said order made Chap. VII, the same day, and by the said barOns. Enghndy {to wit). Geoi^ge the Third, (Sic.) To (§3i-) our justices assigned to hold pleas before us, greet- ^ "revCTsin^' ing: Because in the record and proceedings, and an««Uawry. also In the pronouncing of the outlawT)' against C. D. late of in a plea of, (^t\) whereon he is out- lawed in the county of (or, in London,) lately pronounced, and before us returned, as it is said, manifest error hath intervened, to the great damage- of him the said C. I), as by his complaint we have understood : We being willing the error, if any hath been, should be duly corrected, and full and speedy justice done to the said C D. in this behalf, com-* mand you, that if the outlawry aforesaid be returned before us, then the record and proceedings aforesaid being inspected, you further cause to be done there- upon, for the annulling of the outlawry aforesaid^ what of right and according to the law and custom of England, shall be meet to be done. Witness our- self at Westminster, the day of ■ in the year of our reign, ■ - ■{ • Afterwards, to wit, on next after m (§ 5-1) this same term, before the lord the kiner at Westmin- ^''^'^^""le^t «* o errors, ster, comes the said C. D. by his attorney, and immediately says, that in the pronouncing of thef outlawry aforesaid, there is manifest error in tliis, to wit, that the said writ of exigi facias is insufficient, invalid, and void in law ; therefore in that there is manifest error ; there is also error in thirr, to wit, &V. (assigning the errors) : And the said C. D. prays the F 2 \vx\t "■"1 'V. e$ PROCESS OF OUTLAWRY. i: ■* Chap. VII. writ of the lord the king, to warn the said ^.5. t9 be before the said lord the king, to hear the record and proceedings aforesaid ; and it is granted to him, ?(.<•(•; r;<' «i,','':'*V* . •• r\ !-t-ti',i-- a ^^■) (to wit). A. B. by his attorney, of- !f*pr"cesft7 fe^ed himself on the fourth day against C. D. late of outlawry, plea of no procla- mation, and outlawry rt- versod there- upon. of a plea, SsC. (as in the capias, to the words " as it is said,") and the said C. I), did not come ; Therefore, as before, the sheriff was commanded, that he should take the said C. D. if, Ss'c. and the sheriff thereupon returned, that he was not found, Kc. Therefore, as oftentimes, let the said C. D. be taken, that he be before our lord the king on ■ wheresoever, Uc. At which day before our said iord the king at Westminster came the said A. B. by his attorney aforesaid, and offered himself on the fourth day against the said C. D. of the plea afore- said ; and the said C. D. did not come : Therefore, as oftentimes, it was commanded to the sheriff, that he should take the said C, 1), if, &V. and the .sheriff returned that he was not found, SCc. Therefore the sheriff was commanded, that he should cause the said C. D. to be demanded from county-court to county- court, (or in London y from busting to busting), until he should be outlawed, if he did not appear; and if, SCc. then that he should take him, and him safely keep, so that he might have his body before our lord the king on wheresoever, S^c. to answer the said A. B. of the plea aforesaid : It was also commanded to the sheriff, that in pursuance of the statute in such case made and provided, lie shouW cause the said ('. 1). to l>e proclaini-d upon thr*^ iKJverai PROCESS OF OUTLAWHY. €5 several days, according to the form of that statute, Chap. VIL,- that he should render himself to the said sheriff, so that he might liave his body before our lord the king at the aforesaid time, to answer to the said A. B. of the plea aforesaid: And be it known, that the writ of our said lord the king thereupon, on, l^c. (the teste of the exigent) in this same term, was de- livered of record to the deputy sheriff of the county aforesaid, in due form of law to be executed, 5Cc. At whicli said before our said lord the king at Westminster , came the said A. B. by his attorney aforesaid ; and the sheriff of , namely , re- turned, that at the county-court held at in and for the county of , on •— — the day of (or in London, at the busting of pleas of land, holden at the Guildhall of the city of London, on next after ) in the year, [S^c) tlie said C. D. was a first time demanded, and did not appear : And at the county-court (or busting), £(c. (as in the return,) and he did not appear : Therefore tlie said C. D. is outlawed : And afterward ; to wit, on • then next following, before our said lord the king at Westminster, comes the said C. 1). in his o-wn proper person, and renders himself to the prison of the marshal of the court of our said lord the king, before the king himself here, on occasion of the outlawry aforesaid *.• and immediately says, that no writ of our said lord the king of proclamation, according to the form of "•'• - * -^ "^-'^- t ^ the ♦ Tins was n.N^essary before the statute 4 & 5 W. & "-'. c. 18. § 3. when it was necessary that the defendant should appear in ■t verify , where- fore he prays judgment, and that the outlawry afore- said against him the saifi C. D. in form aforesaid pronounced and had, may be revoked, annulled and altogether held for nothing, and that he may be re- stored to all things which he hath lost on occasion of the said outlawry : And the said C. D. according to the form of the statute in that case made and pro- vided, finds sufficient bail, to wit, E, F. of and G, H. of . And now here at this day come the bail aforesaid, and each of them for himself severally acknowledges to owe to the said //. B. 1, which said several sums of /. they grant, and each of them for himself grants, shall be made of their and each of their lands and chattels, and levied to the use of the said A. B, on condition, that the said C. D. phall appear and answer the said A. B. to a new ori- ginal writ, by the said A. B. to be prosecuted for the cause in the said writ mentioned, and shall pay the condwrnjation which shall be recovered, if the said A. B. shall prosecute his suit within two terms, 5ff. Whereupon die aforesaid writ being seen, and the iile of writs of the retiirn of the said writ of exigi faciaa being searched for the proclamation aforesaid, it manifestly appears to the same court now here, that the allegation of the said C. D. above made for his discharge from the outlawry aforesaid is true : Therefore * . PROCESS Qt OUTLAWRY. 71 Therefore it is considered, that the outlawry afore- Chap. VII. said against the said C. D. in form aforesaid pro- nounced and liad,be revoked, and th»t *.he said CD. be discharged from the outlawry aforesaid, and be in no-wise molested or aggrieved on that occasion, ' but go thereof quit, and that the said C. D. be re- stored to all things which he hath lost on occasion of ■., >.^ the outlawry aforesaid, S^c. H George the. Third, (SCt.) 'I'o the sheriff of (§ 3*.) greeting : Whereas by our writ we lately commanded „pon the rever- vou, that vou should not omit by reason of any li- f*' "^ ^" °"*', J ^ J 'T J la 'vry, for want berty of your county, but by the oath of honest and <^; prociama- lawful men, ike. (reciting the writ of special capias utlagatuniy to the words, *' to do and receive what our court before us should consider of him in that * behalf,") And because it sifficiently appears to us of record, in our court bef* le us, that the outlawry iiforesaid is reversed for want of proclamations, ac- cording to the form of the statute in that case made and provided ; and that the said C. D. thereupon came here into our cour*; before us, and found suffi- cient bail to answer to the said A. B. upon a new original >vrit to be brought by the said A. B. within two terms next after tiie reversal of the outlawry aforesaid, and to satisfy tlie condemnation, if tliesaid C D. 3hould be convicted : Therefore we command you, that if you have taken the goods and chattels of the said C, J), by virtue of the writ aforesaid, you cau^e them to here-delivered to the said C. L. with- out delay : We also command you, that you wholly cease from taking the said C. D. attaching, impri- ioaing, or in any-wise molesting him on the occasion F 4. aforesaid ; tions. ■i,: *J2 PROCESS OF OUTLAWRY. Pi lit! Chap. VII. aforesaid ;. and if you have taken him on that occa.. sion, and no other, then that you cause him to be set at liberty without delay, at your peril. Witness, (§35.) ^(Tor^e the Third, (SCc.) To the sheriff of Oihsrwhr, by greeting: Whereas by our writ, we lately commanded consent of the «r / • i i- /• i i plaintiff's at- you, sc. (as m the preceding torni, to the words torney, on the .t consider of him in that behalf,") And because the actu;idiint's ' ' putting in baji, said C. D. by the assent of the attorney of the said A. B. came into our court before us, and found sufficient bail to answer to the said A. B. of the plea aforesaid, and to satisfy ttie said A. B. all damages, costs and charges in that behalf to be recovered, if it should happen that the said C. D. should be con- victed in the plea aforesaid, and did not satisfy the said damages, costs and charges, or render himself to the prison of the marshal of the Marshalsea of our court before us on that occasion : Therefore we command you, Kc. (as intheprecedingform, to thq end). a 36.) That his majesty's hands be removed from the Judgment in possession of the premises in the inquisition men- on'^ the reversal tioned ; and that the said C. D. (the outlaw or re- of an outlawry, preseiitative) be restored to his possession thereof, jijtiaH. togethci with the rents, issues and profits thereof, which have not as yet been answered to his said majesty ; and (in case a lease has been granted) that the said lease in form aforesaid made, be void and of no effect ; and that as well the said late sheriff of the county of as all others who have been, pow are, or hereafter shall be sheriffs of the said county I •PROCESS O^ OUTLAWRY. 7i county, shall be discharged in their accounts towards Chap. VIL. his said majesty, his heirs and successors, as well of the rents and profits of the said premises, as of the said annual rent of which have not been an- swered to his said majesty ; and lastly, that the said C. D. as to the said premises, may be dismissed the court, by reason of the said confession, and other the premises, To the sheriff of (§ 37.) George the Third, {S(c.) greeting : Whereas J. B. lately in our court before upoathe pir- us, by our writ, impleaded CD. late of of a donofanouu plea, (y,c.) as it is said ; and the said C. D. because king. he did not appear in our court before us, to answer the said //. B. thereupon, according to the law and custom of England, was put in exigent in your county to be outlawed, and was on that occasion outlawed, as appears to us of record : And we, being moved with pity, have pardoned the aforesaid outlawry, and granted to him our firm peace thereupon ; neverthe- less, so that he stand rightly in our court before us, in respect of this outlawry, according to the form of the statute in such case made and provided : And be- cause it is necessary and expedient before the said C. D. quietly withdraws from our court before us, that the said A. B. be warned : Therefore we com- mand you, that by honest and lawful men of your bailiwick, you make known to the said A. B. that he be before us on wheresoever we shall then be in England, to prosecute further his plea aforesaid against the said CD. if he will, and further to do . and receive what our court before us shall consider of him in this behalf j and have there the names of those I i > I ly m ' *!fi u I PAOCESS^ or fiUTLAWRY. (§ 38.) Seint facias upon the pur- don of an ont- Uw-ry by sta- tuic. MM . fJiAP. VII. those by whohi you ,dmIJ so make known to him, and this writ. Witp^^ (3Cc.) Gtfor^e the 1 hird, (-8Cc.) To the sheriff of greeting : Whereas by puK writ. we lately commanded you, that you should ,inpt omit by reason of any li- berty of your county, ^ujt that you should take C. D. late of' being outlawed at — ^in your county, on. at the suit of A. B. of a plea, (S(V.) if he sliould be found in your bailiwick, and him safely iteep, so that you might have his body before us on — — whereeoaver .ve shouM then be in England, to do and rec^^ive what our court before us should con- sider of him in tlmt behalf .' But because by a certain act, made inr our parliament holden at Westminster in the county . t ,■«■ ■' S V I V ,>i. ■ 4. r-i i 1« 1 CHAP. vm. i, vl 4 J', 0/ the Notice to appear lo Process iiot bail^ able; a7ld AFFIX>AVIT^ to hold to BAIL. Mr. C.B, Notice to ap. X OU are served with this process, to the intent Jorbaiiubkr* *^^^ >'°'* "^*y ^y y®**"^ attorney apprar (if against man and wife, say, " for yourself and your wife,") in his majesty's court of King's Bench at /f't'i7mw5/(?r, at the return thereof, beinc^ the '.day of -r next, (or inst;\ut,) in order to your de- fence in this action. E. F. Temple, 18—, A fiidavit of d<-bt, for mo- in y hut. In the King's Bench. A.B. of maketh oath and saith, tliat C. />, is justly and truly indebted to this deponent in the sum of /. for money lent and advanced by this deponent to the said C. D. and at his request : And this deponent further saith, that no offer has been made to pay the said sum of /. or any part thereof, in any note or notes of the Governor and Company of the Bank of England j expressed to ba payable on demand. A.B. . Swora d •11 AFFIDAVITS, kc. " Sworn at the bill of Aliddlesej.^ office, (or king'8 bench office, or filacer's office, as the case may be,) -this day of 18 — before (the officer's name): Or if in the country, ** at the day of 18 — bef e a 17 ClfAP.VIIl, commissioner. his affirmation is as If the plaintifi'be a * follows, VIZ, A.B. of being one of the people called Quakers, solemnly affirms, that CD. is justly in- Amrnuitioaof debted to this affirmant in the sum of /. for (§3.) 'ntufio a quukor. money lent and advanced by tliis affirmant to the said C. D. at his request. , {, < ; If the person who makes the affidavit be tlie u ItV or servant of the plaintiff, the affidavit is in the fol- lowing form: E. F. wife of A.B. of (or E.f\ of servant to y/. ^. ) maketh oath and saith, that C. 1). Affidavit of is justly and truly indebted to the said A.B. hi the or servant. sum of /. for money lent and advanced by the said A. B. to the said C. D. at his request. (5 *•) % ■ftr ' For money paid, laid out and expended by tliis (§ 5.) deponent for the said C. D. at his request. Tor money For money had and received by the said C. D. to (§ <>.) and fbr tiie use of this deponent. • ,- tain workmen's bilFs, for the said C. D. and in and ' about other the business of the said C^H. and atliis request. ' For work and labour, care diligence and attend* i% i^-) ance, done performed and bestowed by this depo- ^^^^^* nent as a surgeon and apothecary, for the said C 2>. apoUtectuni and at his request, in and about the healing and cur> ing of the said CD. (ai)d«divers other persons,) of divers diseases, disorders and maladies, under which they had respectively laboured and languished ; and . for divers medicines and other necessary things, found and provided, adminiftered, delivered and ~ ,j^^ applied by this deponent oh those occasions, for the said C. D. and at his like request. Forwork and labour, care dingehce and attend- f§ i«.) iance, done performed and bestowed by this depo- The like, «s •« J ^ attorney, aad iient, as the attorney and solicitor of and for the fir fees, whew said C. D. and on his retainer, in and about the pro- ricd qb. secuting, defending and soliciting of divers causes, - '' , suits and businesses for the said CZ). and for cer- .^^'f^t* f^« tain fees due and of right payable to this deponent in respect thereof! tiVf »itfe?^i«M.|! K ?' ' ' - For goods (or a horse, SAc.) sold and delivered by this deponent to the said C. X>. and at his request. ■■■V Mm,- For goods bargained and sold by this deponent to the said C. D. and by virtue of that bargain and sale delivered to one E^F. at the request of the said CD. For somuch rtioney, which the said C. D. pro- mised and agreed to pay to this deponent, together with a certain horse of him the said C. D. in ex> change for a certain horse of thi-s deponent. , ^ , {^ For meat, drink, washing, lodging, and other ne* cessaries, found and provided by this dep t for the said CD. and at his request. >Ckif\si . ' ■ ' ■ y^ic^ih* For diveirs medicines, and othf^r nece.ssary things^ found and provided, administered , delivered and ap- plied by this deponent, as an apothecary, for th« said CD^ (and divers othetf persons) at his request, For the use and hire of divers horses mares and geldings, and of divers chaises and other carriages^ (or of certain lighters and other vessels, or of cer- tain household goods and furniturq,) let to hire and ^t«^. delivered delivers his reqt For I found pi in and i horses, ] his requ( For th divers cat at his reqi For frei able from and in res veyed by tain ship o quests For the ponent,.(o tained and and merchj a long spac the said C. For the conveyed this depone For a cerl with the apj TO HOLD) TO BAIL, 81 delivered by this deponent to the said CD. and at ChAp^VIIL his request. For horsemeat, stabling, care and attendance, (§24.) found provided and bestowed by this deponent, for "orsemeat, in and about the feeding and keeping of divers horses, mares and geldings, for the said C. D. at his requests For the agisting, depasturing and keeping of (§25.) divers cattle, by this deponent for the said C. D. and Agistment of at his requests it . ' !For freight, primage ahd average, due and pay- {% 5^6.) able from the said CD. to this deponent, upon for ^"•s'»*» ^^*hy and in respect of certain goods, carried and con- veyed by this deponent, in and on board of a cer- tain ship or vessel, for the said CD^ and at his re- . >■ , questi - i\' For the use of a certairi ship or vcfssel of this de- (§ 27.) ponent,.(or whereof this deponent is master,) re- Demurrage, tained and kept by the said C D. with curtain goods . and merchandizes aboard thereof on demurrage, for a long space of time now elapsed, at the request of the said C.Di For the lighterage of Certain goods,' carried and (§28.) conveyed in certain lighters and other vessels of Lighterage. , this deponent, for the said C D. and at his request. ^ f v > J .•?.b W'^ For a certain messuage or tenement and prtsmises (§ 29.) with the appurtenances, of this deponent, I y him Freehold pre- * "^ . mises bargaiii- i u . . G . . oargamed ed and sold. 82 AFFIDAVITS Chap.V1II> bargained sold and released to the said C. D. at his request. ; v (§ 30.) For certain messuages, (£Ct'. ) of this deponent, by Copyhold pre- him bargained sold and surrendered to the said zuiscs tnirren^ >-, t> i ■ dercd. L.Jj. at his request. (§ 32.) Use and occu- pation of a house, &c. (§ 31.) Yot certain messuages, (5fc'.) of this deponent, by Ss aifgfied! him bargained sold and assigned to the said C. D. at his request, for the remainder of a certain term of years therein. _,, >.-.. For the use and occupation of a certain dwelling- house, (or of a certain dwelling-house, farm and lands,) with the appurtenances, of this deponent, held and enjoyed by the said C. D. as tenant thereof to this deponent, for now elapsed. For the use and occupation of divers rooms and apartments, in and parcel of a certain dwelling- house of this deponent, held and enjoyed by the '•J-' said CD. as tenant thereof to this deponent, for ——— now elapsed. ;..,„„,,.,„ ..^ (§ 'j\.) On a promissory note, drawn by the said C. D. On apronns- payable to this deponent, on demand (or at a cer- sory note, . , » payee agvtnst taiu day now past). drawer. , , '•- ' (§ 33.) The like, of rooms. (§ 35.) Indorsi'e a»— indebted **.': PI :,f' ai ArriDAviTs Chap.VITI. « 42.) By the assifr- uce of a bond. (§4.3.) The like, an- other way. (§44.) -*— indebted to JF. Z*. in trust for this depo- nent, in the sum of /. for principal apd in- terest due on a bond, bearing date, (iic.) and made and entered into by the said C. D. to the said E. F. in the penal sum, (3Cc.) and which bond hath been since duly assigned by the said E. F. to this depo-> nent. , A. B. of and C. D. of — — severally make oath and say ; and first, this deponent A, B. for himself saith, that E.F. did by his bond, bearing date, (Sf<'.) become bound unto this deponent in the penal sum of /. conditioned for the payment of the sum of /. and interest, at a certain day now past; and this deponent further saith, that he did by indenture, bearing date, (Sff.) for a good and valuable consideration, assign, transfer and set over unto the said C. D. the said bond, and all mo- nies due and to grow due thereon ; and that he this deponent hath not received the said sum of /• and interest, or any part thereof, either before or since the said assignment: And this deponent C. D. for himself saith, that the said E. F. is justly in- debted unto the said A. B, in trust for this depo^ nent, as assignee as aforesaid, in the sum of /. for principal and interest due on the said bond. A, B. of '■ maketh oath and saith, that by an — in and for For costs on an order made at the assizes held at •trdv.r nt nixi the county of, on the — j^riii.i, made a rulf of coujt. 18 — . before the honourable — day of- one of the ba- rons of his majesty's court of Exchequer, and — — one of the justices of his majesty's court of Com- "; " " ' • mon mon PI hold the in a cer court of deponen was orde be put o of costs should b( King's I should so that the s his said n the costs at the su justly and said sum < by virtue Upon nourable said sum against th< By virt this depon said C. D. •— — term a writ of;?, hath returi said CD. ceased, to (the sum si TO HOLD TO BAIL. 85 . V mon Pleas at Westminster y justicies appointed .to Chap.VIII, hold the assizes in and for thesaid county of , in' a certain cause then depending in his majesty*s court of King's Bench at Westminster j wherein this deponent was plaintiff, and C. D. was defendant, it ^ was ordered, that the trial of the said cause should be put ofi' until the then next assizes, on payment of costs by the said C. D. ; and that the said order should be made a rule of his said majesty's court of King's Bench, if the justices of the same court should so please : And this deponent further saith, that the said order hath been since made a rule of his said majesty's court of King's Bench, and that the costs of this deponent have been taxed thereon, at the sum of /. and that the said CD. is justly and truly indebted unto this deponent, in the said sum of 1, for the costs aforesaid, upon and by virtue of the said first-mentioned order. ■ 3¥i Upon and . by virtue of a judgment of this ho- (5 45.) nourable court, (or of the court of——,) for the Onajudg- said sum of /. recovered by this deponent, in«ut. against the said C. D. in term last past, . ,,v ^^ tdt iVr :«^ By virtue of a certain judgment, recovered by (§*60 this deponent, in this honr "rable court, against the X«o*l!S/re-* said C. D. as administrator of A'. F. deceased, in turned" igainst term last past; and that the sheriff of -^ — .to tor. , ]!^ a writ of fieri facias issued upon the said iudgment, »* - * =<'>«* hath returned nulia bona, and a devastavit by nie tm^%i said CD. of the effects of the said E.F. dcf > ceased, to the amount of the said sum of /. (the sum sworn to.) ,^ ,;«^i?jj] ime .>;1 /^ . - G ?. A.B. W'A wM 96 V ArriDAviTs ChafVIII. 7«r penalties on the lottery •et. u1,JS. of maketh oath and saitli, tWt C. D. did, on the day of last past, receive of E.F. divers sums of money, in consideration whereof he the said C. D. agreed to repay to the said E.F. divers other sums of money, on certain chances and events, relative to the drawing of cer- tain tickets in a certain English lottery established by act of parliament, contrary to the form of thq statute in such case made and provided ; and the said C. D. hath thereby incurred pecuniary pe- nalties of 50/. each : And that tliis deponent intends forthwith to commence an action in this honourable court, against the said C. D. for the recovery of the said penalties. (5 ♦«.) Bjr one of se- veral partners, for goods sold. J.B. of maketh oath and saitli, that CD. is justly and truly indebted to this deponent and E. F. in the sum of /. for goods sold and de- livered by this deponent and the said E. F. to the said C. D. and at his request. ((-49i) For goods sold and delivered by this deponent and partner, ibr onc E. F. in his life-time, now deceased, and whom goods sold. ^ijjg deponent hath survived, to the said C. D. and at his request. . _ ... — V, -»1 - - WW.) By baron sad nto; for liFork and la- bour, and nia- Mrials. E. the wife of A. B. of maketh oath and saith^ that C. D. is justly and truly indebted to the said A. B. and this deponent, in the sum of ■ I- for work and labour done and performed, and ma- terials found and provided, by this deponent, before her intermarriage with the said A. B. for the said C. D. and at his request. . V;^, li ,i>cia^k:j. iiv. . >V V P. ' ' i^. the TO MOLD TO BAIL. 37 E. the wife of j^.B. of maketh oath and Chap.VIII. »aith, that CD. is justly and truly indebted to the (i 5») said^.^. and this deponent his wife, in the sum J^*;* "J^; ",",* of /. for tlie arrears of a certain annuity or arr^ '" «»' »«» . annuity. yearly sum of /. upon and by virtue of a cer- tain bond, bearing date, {S(c.) and made and entered '^ into by the said CD. to this deponent, whilst she . ' , was sole and unmarried, in the peual sum of /. conditioned for the payment to this deponent of the said annuity or yearly sum of ■■ ■ ■ /. free from all deductions and abatements whatsoever, for and du- ' jring the term of the naturalliVcs of the said CD, and G.H. and the life of the longest liver of them. and the -I- 1 ma- )efore said the suid. .,»r' ;■•»«» lit v>| A.B. of maketh oath and saith, that CD. (§52.) is iustlv and truly indebted to this deponent and one ^y ^^f asiign- B. C as assignees of the estate and effects of £. F. rupt, for goods a bankrupt, in the sum of . • ■ /. for goods sold and delivered by the said E. F. before he became bankrupt, to the said C D. and at hi$ request, as appears by the books of account of the said E. F.in . < j • . the possession of this deponent and the said B. C , "^^ - „ > and as he this deponent verily believes. ■ jJI : > . '^ yl. B. of one of the assignees of the estate (§ 53.) and effects of E.F. a bankrupt, maketh oath and The like, on a bond assigned saith, that G.II. did by his bond, bearing date, to the bank- {Sic.) become bound to J.K. in the sum of /. '"**** . conditioned for the payment of /. and interest, at a certain day now past: And this deponent fur- ' ' ther saith, that tlie said J.K. did, by indenture bearing date, {S(c.) for a good and valuable consi- *v ' deration, assign, transfer and set over the said ^'r G 4 ' . bond, * :: f I; A8 AFFIDAVITS Mm u C'HAPfVIlI. bond, and all monies due and to grow due thereon to the said E.F. who hath since become bankrupt* and that he this deponent and C. D. arc assignees of the estate and eflfects of the said /7. F. : And this de- ponent further saith, that the said G, H. paid to the said E. F. before he became bankrupt, the sum of /. in part of the money due on the said bond, by the condition thereof, but that the said G. It. hath not paid the residue thereof, either to this de- ponent, or, as he believes, to the said ./. K. or the said R. F. or the said C. D. : and that there is liow due and owing on the said bond, by the condition thereof, the sum of /. for principal and in- terest, in which sum the said G.H. is now justly and truly indebted unto this deponent and the said CD. as assignees as aforesaid. (§ 54.) ^- B. of — — who hath survived J). C. which By a surviving said A. B. and B. C in the life-time of the said B. C. iudgment. were assignees of the estate and effects of £. F. a bankrupt, according to the force form and effect < • . '"' of the several statutes concerning' bankrupts, maketh • oath and saith, that CD. is justly and truly in- debted to this deponent, as surviving assignee as aforesaid, in the sum of /. upon and by vir- . " .: tue of a judgment of this honourable court, for the ' .rV>-j> -^ . said sum of /. recovered by thi^ deponent, as ' ,' ' r surviving assignee as aforesaid, agamst the said :/ CD. (§55.) v£,,-^ _f- «■< -Htv I'lfc ;^? '\i A.B of executor of the last will and testa^ Ry an exctu. ^gnt of E F. deceased, maketli oath and saith, that tor, for goods . sold. CD, is justlv and truly indebted to this deponent. «• '•/ ■i.C ^i ■'.- as TO HOLD TO BAIL. 89 •s-efxcctttor a» aforesaid, in the sum- of /. for Chaf.VIIT. goods Rold and delivered by the said E. F. in hin life-time to the said C. D. as appears by the books of the said E. F. and as he this deponent verily be- lieves. 1^ ! • A. B. of one of the executors of tlie last (§ 56.) will and testament of A'. /^ deceased, maketh oath ^y ""crutors. on a,|udifm«'n» and saith, that C. J), is justly and truly indebted recovered by unto this deponent and G. //. as executors of the last will and testament of the said E.F. in the sum of /. upon and by virtue of a judgment of this honourable court, for the said sum of /. irecovered by the said E. F. in his life-time ap;ainst the said CD.; and which said judgment is still in full force and unsatisfied, as appears by the record of the said judgment, and as helhis deponent verily believes. the testator. •J a That C. D. has in his possession, and unjustly de- (§ .^7.*i tains from tliis deponent, a certain indenture of lease '" dc»'n"«, of this deponent, bearing date, (&f.) and made be- tween the said C. D. of the one part, an-.,< '~'\: That "ii ,'• 90 AFFIDAVITS Chap.VIIT. (§59.) The likv, for a promisisory note. That C. D. hath possessed himself of a certain promissory note of this deponent, bearing date, {^'^c.) whereby one E. F. promised to pay after the date tliereof, to this deponent or order, • /. for vahie received, which said note is s(i|l unpaid; and the said C. D. hath refused to deliver the said note to this deponent, and hath converted the same to his own use. {\ 60.) That CD. hath possessed himself of a cert-'" The like, for a bond or writing obligatory of this deponent, bear- > ing date, {i^c.) and made and entered into by one . ' E.F. to this deponent, in the penal sum of /. conditioned for the payment of /. and interest 'as therein mentioned, which said bond or writing ' . obligatory is still wholly unsatisfied; and the said CD. hath refused to deliver the said bond or writ- ing obligatory to this deponent, and hath converted . . the same to his own use. (§61.) For an assault on board a ship. A.B. of late a mariner on board the ship ■ whereof C. D. was master and commander, and E. F. of late carpenter on board the said ship, severally make oath and say ; and first, this de- ponent ji.B. for himself saith, that on or about the day of last, whilst the said ship was lying in the harbour of the said C. D. came into the steerage of the said ship, where this deponent then was, and without any provocation whatever laid hold of this deponent by the collar, and with great force and violence knocked him down, U,c. (here describe the circumstances of the assault) : And this depo- nent E. F. for himself saith, that he was present at the TO HOLD TO BAIL. 91 the tiixje when the said CD. so came into the steer- Chap. VIII age of the said ship as aforesaid, and did see the said C. D. assault and ill-treat the said A. B. in man- ner by him above set forth; and that he this depo- . ; nent did not hear or see the said A. B. say or do any , ' thing to the said CD. to merit or deserve such ill- treatment: And this deponent y/./?. for himself fur- ther saith, tliat he hath been informed and Tciily believes, that the said CD. is a person in good cir- cumstances, and well able to make this deponent sa- tisfaction for the said lU-treatment ; and he hatli also been informed and verily believes^ chat the said C D. will soon depart this realm ; and that unless he shall be held to bail, this deponent may be de- prived of that remedy to which he tlunJis himself entitled by the laws of this country. ^.-ttiv'^f ' if 'J n ". '■f3l Sworn, (^Cf.)' . 'f'-.., *» ,.'■ ::\J-!irffi: ;i'-1 'V s'>^ '-' •■•■■•= U'C 'i^t -W ■^*f . 'A.t< >^ _..v._ ■ i WJ i/ :'- S"!*-^'. k M U [ 92 J CHAP. IX. (§1.) Warraot to arrest. Of the Arrest. (to wit). E.F. esquire, sheriff of the county aforesaid, to the keeper of the gaol of the said county, and also to G.IT. and J. K. my bailiffs in the said county, greeting : By virtue of a precept called a bill of Middlesex , (or of a writ of our sove- reign lord the king to me directed,) I command you, and every of yoit, jointly and severally, that you or one of you take C/)., if he shall be found in my bailiwick, and him safely keep, so that I may have his body before the lord the king at Westminster^ tt on on next after (or by original, wheresoever our said lord the king shall then be in JEyigiand") to answer ^. B. of a plea of trespass, and also to a bill of the said ^. B. to be exhibited against the said C,!), for /. upon promises, (or as the ac-etiam is,) according, Uc. (or by original, ** to answer A. B. of a plea of trespass on the case upon promises, to the damage of t*-:, said A.B. of ly or as the plea is) j hereof fail not, as you will answer at your peril. Given under the seal of my office, this day of - 18—. -%' Bail for L. M, attorney. By the same sheriff. Writ *<■ ARRsvr; 93 Writ dated the day of 18- Chap. IX. Beware the defendant is not privileged or pro- , tected. . V This warrant is allowed for one defendant and no more ; and to be executed by no bailifl's but those who have given the said sheriff security. VI ii&' ■«w ii^ »?r-<- »-. ■^; :m i^ t&. l^t. * u.^v 'm m »':;■;-*"■•* 'tei V'^:,^,^ ^^^i\ '■A w- ?,-»! J; J^'<^,. ii^-^^!ri% ■<. .•^■^•-.t'; '■'fi!^\ >«^^f«.ri-(f^>^t; >';?■' "i-fJ. '^U. ».i».4i :A*a3 rA JA irZ& .t.,>!,. sr ;% ^;; >Q 'M '.^M ^^oi^ m ':: [ 9* 1 then t ill full CHAP. X. Seal 0/ the Bail-bond. (M.) :fiail-bond to tk« sheciiiV IvNOW ail men by these presents, that we €. D. of £.F. of and G. H. of are held and firmly bound to - — — esquire, sheriff of the county of in the sum of — — /. (double the sum indorsed on the writ) of lawful money of GreaC Britain, to be paid to the said sheriff, or his certain attorney, executors, administrators or assigns ; foT wliieh payment well and truly to be made, we bind ourselves, and each of us for himself, in the whole, our and every of our heirs, executors and admini- strators, firmly by these presents : Sealed with bur Seals. Dated the day of in the year of the reign of our sovereign lord George the Third, by the grace of God of the united Kingdom of Great Britain and Ireland king, defender of the faith, iiiid in the year of our Lord 18 — . ■ r The condition of this obligation is such, that if the above-bounden C. D. do appear before our so- vereign lord the king at Westminster, on (or by Original " on whei'esoever, iCc") to answer A. B. of a plea of trespass, and also to a bill, 5Cc. (as in the ac-etiam,) according, ^c (or by original, " to answer A,B. of a plea of, &\'." as the plea is,) ■"■^■'^'■'' .-'J' ' then • t •-*: ^ t 9 f , -. ■■s{ BAIL-BOND. 95 then this obligation to be void, otherwise to remnin Chap. X. in full force and virtue. "ill I In Sealed, {Sfe.) ■f ■ w * aV%-. ' '■ ■' ill s. «■ "i .St A iv■'■^' I ' ' \ ■■■'■' ' ■■■ I >' - - • . now.:' * |. f M.Hi i V- w [ 90 ) CHAP. XI. If CO to the s bail-pic Of Appearance, and Bail to the Action. In the K (§1.) (t',. \: G.IL fortheval tliat he t instant, dant witl int, &c.) been regi against ti plaintiff, under vvl tice to th vice, pur provided] >^woi f.. If .f COMMON BAlC 97 If common bail be filed by the plaintiff according Chap. XI. to the statute, these words should be written on the bail-piece, ** Filed according to the statute." hrj^minb^ki . ■> In the King's Bench. ^.^. plaintiff, (§ *) and Affidavitof servico of C2>. defendant, process. G. IT. of clerk to E.F. gentleman, attorney for th»above-nanied plaintiff, maketh oath and saith, that he this deponent did on the day of ^ instant, personally serve the above-named defen- dant with a true copy of a bill of Middlesex y (or tati- /af, &c.) which appears to this deponent to have l)cen regularly issued out of this honourable court, against the said defendant, at the suit of the above plaintiff, and returnable on ■ next after , under whicli said copy was written an English no- tice to the said defendant, of the intent of such ser- vice, pursuant to the statute in such case made and provided. • iV Sworn, (5Cr.) G.If. :-i.- ■J l.oi';.*ii,'o^d3 -^ii '.:^,^-m\ f lifiMlt'; ''CN !:''' 'iV).:! :..:!ii:';j-f:,, "!,■» .-/'Lyj ii*z'^- i:i!\. H tffwn. :m- OS .y SPECIAL BAIL* Chap. XL f>pccial baiU (§ «•) ccr's e lecinl I by original term, in the year of the reign of Kine George the Third. Way. (tb wit). C. D. is delivered to bail upon a cepi corpus, to i!:.F. of . ' - :\'y\i and GILoi Oatli /. J,K. attornej-, 18—. at the suit of A. B. . .. . ... -,.«.. V (to wit). Capias, C. D. late of ■ at Filacer's entry the suit of A. B. of a plca of trespass on the case, to of special b:v)l, e- i • ^ t n n the damage of the said yl.B. of I. (or as the plea is). Bail, ^.Z'. of and G.II. of ■ -l. Defendant himself in Each of the bail in — /. ,Mi/;«Ji,li7S| J. K. attorney for defendant. Jn the Kii J.K. ^ recogniza was duly 8 of. b< took the sa day of. — Svvorn, ( In thd King Take notj (if by origin defendant ir Justice — ceri/4ane, L such bail ai I>atod the — (§'-•) You do jointly and severally undertake, that if oS!"'''""'*' ^'^^' ^^''^^^ ^^ condemned in this action, at the suit of A. ^., he shall satisf}* tlie costs and condemnation, or render himself to the custody of the marshal of the MarshalseUy or you will do it for him. ' >'/ . ; Are you content? To Mr. — — for plaint ' If the bail '* aud they In ....N SPECIAL BAIL. t? In In the King's Bench. 99 A.B. plaintifFj Chap. XL and (§ 8) C. D. defendant. ^^^ix.^Ht \n be- inaketh oath and saith, that the f?"» * *'^'^}^ J. K. of — recognizance of bail or bail-piece hereunto annexed, oouutry. was duly acknowledged by E. F. of and G. H. of before esquire, the commissioner who took the same, in this deponent's presence, the • ^ • •• day of last past. ■^'^^ J.K. Sworn, (fife.) .vv In thd King's Bdnch. To Mr. — ' — attorney for plaintiff. Your's, Kc. '■ E. F. attorney for defendant. (attorney's residence). ' If the bail are the same as to the sheriff, then add, ^' and they are the same, as are bail to the sheriff.** H 2 •5- ., ,,,^ftj«'« ^ A. B. plaintiff, (§ 9,) and Notice of bail " C. 2). defendant. ^^""'''"; Take notice, that special bail was this day put iii (if by original, say, *' put in with the filacer") for the defendant in this cause, before the Honourable Mr. Justice at his chambers in Scrjeanfs-Inn, Chart" eery-lane, London i and the name^ and additions of such bail are of and cf . Dated the day of — — 1 8—. * ^' ^ • i i; 1; 1 k% r .1 •» I ;;' 5 -I l;i: ■iiii SPECIAL BAIL. A.B. plaintiff, .1 and . C. D, defendant. 100 Chai». XI. (J 10.) In the King's Bench. Notice of the bail-pi(tce and affidavit being Take notice,-that the bail-piece in this cause, with the affidaTit of the due taking thereof, was this day filed with the Honourable Mr. Justice at his chambers in Serjeant* s-Infij Chancery-lane ^ Lon- don. Dieted the day of 1 8 — . Your's, 5Cc. filed .nr To Mr. L.M. agent for plaintifT. J K. agent for defendant. tA- ' ^ .^. -fl. plaintiff, and C. D. defendant. clerk to E.F. gentleman, attorney. (U 1 •) In the King's Bench. .^flidavitof no- tice of bail, when not fx- /2 TT nf — ceptedto.to W--".OI be indorsed on for the above-named defendant, maketh oath and order tu lii'e saith, that he this deponent did on the day of same. j^^^ ^^^^^ ^^ ^j^^ plaintiffs attorney with a notice in writing, purporting that the within- named bail were on the day of put in for the defendant in this cause, before, {S^c.) Sworn, {6(c.) G.H. T< -.-i. >«ti.f (§12.) Entry of ex- ception to bail. I except against these bail. *? '&-; *niT»aE3iliei;^v^;A E.F. plaintifTs attorney 18 — X-it n In In the ] • Take put in f ".'>, In the Ki Taker ant in th had notic open cou Middlesex Dated this ToMr.G , for If the notice sh( selves •* b In the Kii Taken be added in this ca|| of the bail and of wj ^^ A- .»/ SPECIAL bail; ^ In the King's Bench. J.B. plaintiff, Chap. XI. and «13) Cr» J r ..^j .. Notice of cx- . Jj. defefKlant. ception, " Take notice, that I have excepted against the bail put in for the defendant in this cause. J?./'. plaintifl''s attorney. In the King*s Bench. <•' ^.5. plaintiff, (^u.) and Notice of justi. ' iicattoD, by CD. defendant, same bail. Take notice, that the bail put in for the defend- ant in this cause, and of whom you have already had notice, will on next justify themselves in open court, at Westminster-hall, in the county of Middlesex, as good bail for the said defendant. Dated this day of 1 8 — . Your's, H^c. ' < ^ J?^./'. attorney for defendant. To Mr. G. H. attorney ',* for plaintiff yv^ '^ ^ , - , ^ If the bail were put in befor6 a commissioner, the notice should express that they will justify them- selves " by affidavit." ■■» u In the King's Bench. Take notice, that E.F. of ■ A. B. plaintiff, (§ \5,y and Notice of tit* ^ i^ rk J r J .. ding one bail, CD. aetendant. audjustifyioj.. will on next be added to the bail already put in for the defendant in this causff, and that he, together with G. II. one of the bail already put in for the said defendant, and of whom you have before had notice, will at H 3 the s-iamn. 'S. ,1 l.jf\ MM '»■ 102 Chap. X^. 0PECIAL BAIL. the aamr. time justify thcmsdves in opon court, at Westmimter-hall, in the county of Middlesex^ ^9 good bail for the said defendant. Dated the • day of ■: IS—. Your's, S(c. J. K. attorney for 4cfendant, Tp Mr. Z.iV. attorney for plaintiff. ' ' : i: i'- h 8) In the King's Bench, Notice of ad> 4ingaD(l justi- fying different bail. A. B. plaintiflf, and - . , CD. defendant. Take notice, that E.F. of and Cm. 11. of will on next btj added to the bail already put in for the defendant in this cause, and at the same time will justify themselves in open court, at We^iminster-bally in the county of Midd/estw, as good bail for the said defcin'mt. Dated the — — 4a^ of 18—. ■ Youi's, 5Ct'. • ''= - • J. K. attornov fpr defendant. To Mr. L. M. attorney for plaintiff. ■ 'j'lC (5 11.) In the King's Bench. Affidavit of juitiflcation of bail, put in be' fore a < jmmia- sioner in the cmiKtry. £. F. of and G. H. of A. B. plalntiffi and C. D. defeii Jaiit -bail for tlie I'c- fendant in this cause, severally make path and say ; anl first, this deponent E.F. for himself saith, that Jiu '<« ?. housekeeper in — ■ — aforesaid, and that he l^iiti <^ i^onfTit isvwr»hthe sum of L (double the sum *um swo debts: / that he sum of - debts. Sworn In tJ.e Ki G.ll. for the c s^aith, tha insti tiff's atto unto annc or servan Mr. true cop livering I 1 said Sworn, In the Ki . E^F. plaintiff i Mr.y.A', having sd >,1 SPECIAL BAIL. 103 .-mm sworn lo,) over and above whnt will pay all his CtlAP. XI. tiebts: And this depoiment T/.//. for I 'mselt sn i(t, that he is u housckoupcr in and is worth the sum of /. over and above what will pay alt his debts. Sworn ^ (Vr.) * • ► , G.l[. h\ t)ie King's Bi;i:ch. A. li. plaintiff, and G.JL of (5 1«) AflUlavit of storvicf tif nil. C.J), defendant, tu-ts of jiwtiJU. futiun. clerk to F. F. gentleman, attorney fi -''tf. for the defendant in tliis cause, niuketh oath and paith, that he this deponent did on the day of instant, personally serve Mr. the ])lain- tiff 's attorney, with a true copy of the notice here- unto annexed. (If tho notice be served on th(; clerk or servant of the plaintiff's attorney, say, " serve Mr. the plaintiff's attorney in this cause, with a true copy of the notice hereunto annexed, by de- livering the same to the clerk (or servant) of the said at his house (or chambers) in .") Sworn, {i(c.) ^ , , . r In the Kihg's Bench. ^. ^. plaintiff, ^^ jp^ and Aflidavit to C. D. defendant. ''^^''' ^^"• E.F. of cUrk to Mr. 0. H- attorney for the plaintiff in this caiisn, ijiaketh oath and saith, that Mr. J,K. attorney fur the defendant in tliis cause, having served the h^aid <^». //. with notice of justify- H t in ordered, that the bail put in for the de- C. D. ^ fendant in this cause, who have this day justified themselves in court, be allowed, and (if by bill) the bail-piece filed. Upon the motion of Mr. (§21.) Entry of re- cognizance of bail, by bill. By the Court. As yet of term, (the term of which the declaration is intitled) in the year of the reign of King Geovsfe the Third. Wit- ness EA-ward Lord EUcnhorou^h . • (to wit). Be it remembered, that on next after in this same term, before our lord the king at Westminster^ comes A. />. by hi.s attorney, and brings into tlie court of our said lord tlie king, before the king himself, nowhere, his cer- tain bill against CD. being in the custody of the marshal of the marshalsea of our said lord the king, before the king himself, of a plea of trespass on the case, (or ;is the ph^a is,) and there are pledges for the prosecution thereof, to wit, John Doe and lii- • ^ chard chard J that is- CD. & omittin follows comes J And thi come in the kin§ and beci comes p said C. 1 the said bail con such dan as all sv said A. 1 each of t use of t said C. debt, the to the pr said lore occasionJ Th e ei one, ^f. Entry G.If. h\ plaint ill'. I SPECIAL SAIL. 105 chard Boe; which said bill follows in these word?, Chap. XI, that is to say: (to wit). A.B. complains of CD. &c. (here copy the declaration to the end, omitting the pledges, and proceed on a new line as ' follows): And the said CD. by— ^ — his attorney, comes and defends the wrong and injury \^cn, &V. And thereupon! E.F. of ■■ and G.H. of come into the court of our said lord the king before the king himself now here, in their proper persons, and become pledges and bail, and each of them be- comes pledge and bail for the said C 2)., that if the said C D. shall happen to be convicted at the suit of the said A.B. in the plea aforesaid, then the said bail consent, and each of them consents, that all such damages (or in debt, that as well the said debt, as all such damages) as shall be adjudged to the said A. B. in that behalf, shall be made of their, and each of their lands and chattels, and levied to the use of the said A.B., if it shall happen that the said C D. shall not pay the said damages, (or in debt, the said debt and damages,) or render himself to the prison of the marshal of tlie marshalsea of our said lord the king, before the king himself, on that occasion. The entry (or further entry) of /. K. gentleman, <§ 2i2.) one, ^c. of term, George the third. Dockeupaper. Entry of recognizance of bail, by E.F. ai>d G. If. bail of C D. defendant, at the suit of -•/. B. pliiititilF. Roll. — . As I 106 Chap. XI. (§ 23.) Entry of rc-» foguizance of bail, by origi- nal. SPECIAL BAIL. As yet of -term, (the term wherein Ae process upon which the defendant was ar- rested was returnable,) in the year of the reign of King Gedrge the Third. Wit- ness Edward Lord Ellenborough. — ^ (the county or city where the bail was put in,) (to wit.) The sheriff was commanded, th4t he should take C'Di late of ■■■ if he should be found in his bailiwic!^, and him safely keep, so that he might have him before the lord the king on wheresoever the said lord the king should then be in England:, to answer A. B. &c. (as in the capiasy to the words, ** as it is said ;" and if there was au fl/m, proceed as follows): AVhereupon the sheriff of — ;— to wit, esquire, did return to the said lord the king, before the king himself, that the said C7D. was not found in his bailiwick : And there- upon the said sheriff was commanded, as before, that he might have him before the said lord the kmg on wheresoever the said lord the king should then be in England, to answer the said A. B. in the plea aforesaid: At which day, that is to say, on before t\\e said lord the king at Westmin^ ster, the said A. B. comes in liis proper person, and oflers himself on the fourtli day against the said CD. in the plea aforesaid ; and the said CD. by his attorney also comes, and defends the wrong' and injury when, 6Cc. And thereupon at the same day E.F. of and G.II. of come hcreintp the court of the said lord the king, before the king himself at Westminster, in their proper persons, and become pledges and manucaptors, and each of them |>y himself beoonies pledge and munuciiptor, for the said sai(^ J and ej to the and gi ofthei heirs, made c and \e\ case tl]ii the pie if the Si said A. in debt, such di judged render h "la^shals ^elf, on i In the K ^his rendered! above pi Mr. Justl there to J SPECIAL BAIt. iSFi sai4 C/).> and acknowledge themselves to owe, Ci?AP. XL and each of them doth acknowledge himself to owe, tx) the said J. B. the sum of /. and do submit and grant for themselves and their heirs, and each of them doth submit and grant for himself and his heirs, that the said sum of 1, shall and may bs made of their, and each of their, lands and chattels, and levied to and for the use of the said A. B. in case the said C. I), shall happen to be convicted iij the plea aforesaid, at the suit of the said A. B. ant}, if the said C. J), shall not pay and satisfy unto the said A. B. all such damages, posts and charges (or in debt, as well the said debt or sum of /. a#all such damages, costs and charges) as shall be ad- judged to the said A. B. in the plea aforesaid, ogi; render himself to the custody of the marshal of the maf shalsea of the lord the king before tiie king himr self, on that occasion. ^ Kctiyon. H !!1 ..B '. J» In the King's Bench. (to wit), day of A.B. plaintiff, .1 r and C. i). defendant. CD. the above defendant did — IS — . render himself (or was Entry OT ns- . liute of rehd«r aad coaubit* juant. ^his- rendered ) in discharge of his bail, at the suit of the above plaintiff, and was thereupon comniitted by Mr. Justice to the custody of the marshal, *s'c, there to remain until, Vf. In !li lOS Chap. XI. (§ 25.) Notice of ren- der. SPECIAL BAIL. «2«.) Affidavit of service of no- tLac of reader^ In the King's Bench. A.B. plaintifTj and C. D. defendant. Take notice, that tlie above defendant did this day render himself (or was this day rendered) in discharge of his bail, at the snit of the above plain- tiff, and was thereupon committed by Mr. Justice — — to the custody of the marshal, fiCt*. there te remain until, 3Cc. Dated the day of — — 18-^. '- ' • Your's, He, To Mr. G. H. attorney E. F. attorney for Ibr plaintiff. :j ;.. defendant (or for ''^ ',ji4 .;;-;« the bail, as the > ■ ■-.. r:r:.-: ..,/.•> .uu i\ ^^:. case is). :'5--v^-' , In the King^s Bench. G.H.oi • '^ ! ^. jB. plaintiflf; -i and C. D. defendant, clerk to E. F. gentleman, attorney fcr the defendant's bail in this cause, maketh oath and saith, that he this deponent did on the day of — ; — instant, personally serve Mr. the plaintiff's attorney, with a true copy of the notice hereunto annexed ; (and if tlie service was on his clerk or servant, add, "by delivering the same to the clerk (or servant) of the said Mr. at his house (or chambers) in in the county of ." ) G.H. S'worn, (6(c.) "J -'.if Of the them v. ' their sec of , this rule, torily rel parties. In the k| A.B. on the Mr. compter! whi Middlestl acts as true co^ same tii the rule I ** did or i . I 109 ] Hi*: A*«r!^ .'^iSf. Of :t'-vJ. ■■■,.• ■ *i ■ '"■;'--" ^ . n;;'* t*s' - ;' .: •;:;;: chap, m ^ ^^ . :-,-ktV'i:t ■ » !. .• . ' .-A" ■ ' ,-' ii;. '.vr-ti Of the Proceedings against Sheriffs, to cmnpel them to return the Writ, and bring in the Body. .ur, -.x'i A.B.-^. IT is ordered, that - V. ' of London, shall within four days next Ru'e to retura and sheriffs (§ i.) C. D. ^ after notice of this rule, to be given to their secondaries, (or that sheriff of the county of shall within days next after notice of this rule, to be given to his under-sheriff,) peremp- torily return the writ of issued between the parties. • z- , ,. .... ^ ,. .' • wnt. In the King's Bench .-/. B. plaintiff, and of Affidavit of , service of rul*> C. D. defendant, to nturn ihp maketh oath and saith, that he did "' day of instant, personally serve A.B on the Mr. who acts as deputy secondary of the compters, (if in London; or if in Middlesex, Mr. who acts as deputy-sheriff of the county of Middlesex; or if in any other county, Mr. who acts as under-sheriff for the county of ) with a true copy of the rule hereunto annexed, and at the same time shewed him the said original rule : (Or if the rule be not personally served, say, that *' he *' did on th« — — day of — — instant, serve Mr. I |li h i,"'! 'i ht, |-i-!i iio PftOC£EDI^/G» CWAP. Xil. «< _ — \^\iQ acts as deputy secondary, {S(c.) witii ai t( t( C§f5.) Eet»iin of non est inventus. (§*•) true copy of the rule hereunto annexed, by deli- '\ering a copy o^ the said rule to a clerk in the ** office of the said deputy secondary, (&f.) situate *' at and at the same time shewing the said '^ original rule to such clerk.") And tliis deponent further saith, that he has this day Searched at the office of tlie custos brcvimn of this honourable court, for the return of the writ of issued in this cause, but that no such writ was then filed there. A.B. Sworn, (Sfc.) . ■ '' . ■•'[_ ' ' .; -^ . The within-named C. D. is not found in my bai- liwick. The ajiswcr of sheriff. .If'-' I have taken the within-named C. D. whose body Cifi corpus, rt -^i- t i j paraLum iiabeo. 1 havc rcacly, as withui 1 am commanded. .The answer, (&V.) (§ 5.) I have taken the within-named CD. whose body t'TuJci'fcnd- ^ have rbady, as within I am commanded; but the am , :iiid ni.,1 i-si withiu-namcd JE. F. is not found in my bailiwick. invi'iitii.\ as to i r another. \ ,,.,, ' The answer, («c.) aad witj within-n the said until G.. said baili with for< said baili of my sai said C.I) cuod him said bailii king: Am in my bai By vjrti and safely for the sa by V lord the n( annexed, out of the body of t] at the day ^m eommr (S 6.) fiesciic. By virtue of tliis writ to mc directed, I made my certain warrant in writing, under my seal of office, to E.F. and G.Jf. my bailiffs, jointly and .severally, to take and arrest tlie within-named C. D. by virtue of wliich warrant the said E.F. and G.II. after- wards and before t!ic return of the said writ, to wit, oa the day of last, at in ruy county, and By virti and safely on 1 ro?-pfis cum of tlic .said »' until G.JI. of and divers other persons to my ' said bailift's unknown, on — — at aforesaid, with force and arms, assatdted and ill-treated my . ,. said baiUHs, and the said CD. out of the custody of my said builiHs tlicn and there rescued, and the said C D. tiien and there with force and arms res- cuod himself, and escaped out of the custody of my said bailifis, agiiinst the peace of our lord the now king: And afterwards, the said CD. is not found in my bailiwick. v • . .. . J^y virtue, (5sV.) I took the within-named CD. (§ 7.) and safely kciit him in his maiesty's prison in and r>''''<'i>-»'"?*' '^^ for the said county, until afterwards, to wit, on by virtue of a certain other writ of our said lord the now king to me directed, and to this writ annexed, I caused the said C. Z). to be delivered out of tlie said prison ; wherefore I cannot have the body of the said C D, before our said lord the king, at the day and place within contained, as within I nra commanded. ' • ,.; • , The answer, (.^V.) By virtue, (&V.) I took the withln-named C D. (§ 8.) and safely kept him, (&c.) until afterwards, to wit, i>'-i'v;'-y ov^r on I received his said majesty's writ of habeas yr. . rorpjis aim amm, commanding me to have the body of the said C D. before the right honourable £(U ttV'v/ Lord FAlenboronghy his said majesty's clucf> iusticc. *!>■,.' 11? MOCEEDINOS *• V Chap. XII. justice, assigned to hold pleas in the courf of onr lord the now king, before the king himself, at his ', , chanibers situate in »y^r;V<7W/'j-/n«, C7<««ccry-Za«^, London, in)mediately after the receipt of that writ: by virtue of which said writ, and in obedience * thereto, I had the body of the said C. D. with the said last-mentioned writ, and the return of the within cause, mentioned in a certain schedule there- ^ unto annexed, before his said majesty's chief-jus- tice, at his chambers aforesaid, on the day of last, who then received of me the body of the \\ hana nidus in prisoHd. (§ 10.) Mamlnxi baU said C. D. and committed him to the prison of the marshal of the marshalsca of our said lord the king, before the king himself, and altogether discharged and exonerated me from farther keeping the said C. D. wherefore I cannot have the body of the said CD. before our said lord the king, at the day and place within- contained, as within I am commanded. The answer, (&f.) ■? ■ .»:*: By virtue, (iCc.) I have taken the within-named C. ]). who remains in his majesty's prison of under my custody, so weak and infirm, that without great peril and danger of his life, I cannot have his body before the lord the king, at the day and place within contained, as within I am commanded. The answer, (S("f.) Hy virtue, (&"c.) I have made my mandate to the bailiiT of the liberty of to take and arrest the w^itlun-named C. D. which said bailiff hath tlia full return of all writs and process, and the execu- tion of the same, within the liberty aforesaid, so that that no within ti as yet gi swered, in his \ within-ni George greeting: G //. bai by all his that neith on the sai from us in for the issi JVestninsh nal, on i(ind,) the prison unt turn heretl us you ha{ ^.^. ofa by original by our cor returned t^ answer to <^.//. tohJ faults; ancj tliere") thif ?r ^;«ii f&f AGAINST SHERIFFS, &C. . * 1 1^ that no execution of this writ can bo made by me Chap. \iJ. within the said liberty; which said bailiff hath not' as yet given me any answer thereto. (Or hath an- swered, " that the within-naihed CD. is not found in his bailiwick;" or " that he hath taken the within-named CD. whose body he hath ready.") .' .- 1* I i, • ?.*fThe answer, (6 ^^** ^^ might have his body before the Lord the king on last past, wheresoever, He. to answer to A. B. of a plea, (fife. ) And now here at this day, comes the said A.B. by E.F. his attorney, and offers himself on the fourth day against the said CD. of the plea aforesaid; and I : \ the said C. D. does not come : And the sheriff re- " • ' turns, that he hath made his mandate to G.H. bai- liff of the liberty of in the county aforesaid, who has the return of all writs and process and the execution of the same within the liberty ^foresaid, and within which the execution of that writ by him the said sheriff could not be made; which said bailiff gave this answer to the said sheriff, that he had taken the body of the said C. D. whose body he would have here at this day. And because the said bailiff hath not the body of the said C. D. here at this day ; therefore the said bailiff is in mercy, and amerced by the court of our lord the king here to /. and it is commanded to the sheriff, thj^t he distrain the aforesaid bailiff by all his lands, 5Cf, and that he answer, 6fc. so that he have before the lord the king, on wheresoever, tic. the body of the said C. D. whom, &'c. to an- swer to the said A.B. of the plea aforesaid, &c. (§ 13.) Rule to bring in the body. A. B. > of is ordered, that and sheriffis V. > or London, shall within four days next C. D. ^ after notice of this rule to be given to their secondaries, (or that sheriff of the county of shall within days next after notice of thi§ this rule torily bri In the Ki '. * '• •' '•" , I forthopla; that he thi instant, p( puty-secor if in Mi(U sheriff of other coun of the coun hereunto a him tlie sai personally ** day of - ** as deput ** of the ri ** copy of *' the said ** and at t ** rule to si saith, that defendant ii in, (^(^Obu Sworn, {S> AOAINST SHERIFFS, &C. li^^ this rule to be given to his under-sheriff,) peremp- Chap. XII. torily bring into court the body of the defendant. • < In the King's Bench. " A.B. plaintiff, and ^ CD. defendant. E.F. of clerk to G.II. gentleman, attorney for the plaintiff in this cause, niakcth oath and saith, that he this deponent did on the day of instant, personally serve Mr. who acts as de- puty-secondary of the compters, (if in Lnnclo7i; or if in Midd'ese.Vy Mr. who acts as deputy- sheriff of the county of Middlesex; or if in any otlier county, Mr. who acts as under-sheriff of the county of ) with a true copy of tlie ruio hereunto annexed, and at the same time shewed him the said original rule. (Or if the rule be not personally served, say, that *' he did on the *' day of instant,, serve Mr. who acts ** as deputy secondary, (&"<•.) witli a true copy ** of the rule hereunto annexed, by delivering a *' copy of the said rule to a clerk in the office of " the said deputy secondary, {Kc.) situate at ** and at the same time shewing the said original " rule to such clerk.") And this deponent further saith, that no bail above has been put in for the defendant in this cause, (or that bail above was put in, (S("c.) but that the same is not perfected). E.F, Sworn, {y:c.) (§u.) Afli(ln\i' of «or\ \vc of rule to bi iiiff in thf buUy, &c'. .T!' < • I 9 Geonre Ji* FROCEEDINCS, &C. ' , Chat. XII. Getrrge the Third, (S(c.) To the coroner of the (5 J5) county of greeting: We command you, tlwit ag.'nrt'the* y"°" attach CD. sheriff of our said county, so that ■hcriff, for not you j^^y j„^yg jjij^ before us, on to answer to briiigiQg in the •' "^ body. us, for certain trespasses and contempts done and committed in our court before us; and have there thia writ. Witness, (if c.) ; By the Court. indoMemeat. Bj rule of coilrt. JE, F, clerk in Court, Tempier* ,, r • . Of the Geor^ our cour every of i custom oi therto us( tornies of prosecutir for their ( time imm answer be other secuj plaints or to us, (plJ cepted,) si our said whereas w^ complaint of our sai( intending forth and lace of Wt turnable bl more precj court befol t m J »<:» V ,.i.'.i ' CHAP. xin. ►Mi'.f (y Mr Proceedings b\f and against Attornie*. George the Third, («Cc.) To the judges of (§ i) our court of our palace of Wtstminatery and to '^"^of pn»i' every of them, greeting : Whereas according to thQ custom of our court before us at Westminster f hi- therto used and approved of in the same, the at« tornies of our same court before us, whilst they are prosecuting or defending suits and actions therein for their clients, ought not, nor have they from time immemorial been used to be compelled, to answer before any of our justices or officers, or other secular judges whatsoever, upon any pleas, plaints or demands, which do not particularly relate to us, (pleas of freehold, felonies and appeals est- cepted,) save only before us, by bili exhibited in our said court before us, and no'; by writ: And whereas we have lately received information, by the complaint of J. B. gentleman, one of the attornies of our said court, that several ill-disposed persons, ^ intending to disquiet the said A.B. have issued forth and prosecuted out of our court of our p»« lace of Westminster^ one or more writ or writs, re- turnable before you in the same court, or one or more precept or precepts, returnable in our said court before you or one of youj against the said I % A,JB, \ ^^8 PUOCEEDlNtfS BY Chap. XIII. ^./y. and threaten to arrest and detain him hi your custody thereupon, in suits that donotrilate to us, or pleas of freehold, felonies or appeals, whei'eby tlie said A. B. is unable to attend his said office as an attorney, u])on several affairs and suits depending in our said court before us; which if it be permit- ted, will not only take away, and be in derogation and diminution of the jurisdiction of our said court before us, and the liberties and privileges thercQf, but also to the great detriment of the said A. B. '^^ " and his clients: And because we are willing that the jurisdictions, privileges and customs, for so long time used and approved in our said court before us, should be inviolably kept and preserved ; we com- mand you, and every of you, that you desist from taking the said A.B. into your custody, upon any writ or writs, precept or precepts; and if the said A. B. be detained in your custody by any writ or )Jirrits, precept or precepts, other than such as par- ticularly relate to us, (pleas of freehold, felonies and appeals only excepted,) that then you dis- charge the said A.B. out of your custody, and suf- fer him to go at large, as you will answer the con- trary at your peril ; and that you inform the party or parties, plaintiff or plaintiffs in the plaint or plaints, that he, she or they may prosecute his, her, ojT their action or actions, suit or suits, in our court Ijcfore us, by bill to be exhibited to us in our said court before us at JVesfminsfer, against the said A. B. if he, she or they shall think it expedient so to do. Witness, (5(c.) ^■-■x x,i.' '.'•. •-•,-. ' '•'> George ' Georgi appointei acts of p to say, an warrant c O. H. an greeting: half of ^. fore us, tl; our said c fends dive our liege s said court cording to court, fror not to the attorney of compelled lo be exerc court afore.> his due attt you or som A.B. havel the office taxes, rates| the commis the town an| tlie hundred office, as w( residence tl tend to the ^' B. and nl ijcy he is in I '! i- •or AND AGAINST ATTORNIES. 119 George the Third, (SCc.) To the commissioners Chap. Xlli. appointed for carrying into execution the several (§ 2.) acts of parliament hereinafter enumerated, that is T^\'''"'' *° " ' uischartje an to say, an act, 3(c. (here enumerate tlie acts, as in the attorney from the office "' warrant of appointment,) and particularly to £.F, collector ( G. H. and /. K. three of the said commissioners, ^'^^**- greeting : Whereas it hath been shewn to us, on be- half of A. B. one of the attornies of our court be- fore us, that whereas he is one of the attornies of our said court before us, and prosecutes and de- fends divers suits and businesses of and for many of our liege subjects prosecuting and defending in our said court before us, as their attorney ; and that ac,» cording to the liberties and privileges of the said court, from time whereof the memory of man is * not to the contrary used and approved of, no attorney of tlie same court ought to be appointed or . ' compelled to take upon him any office or service, to be exercised or performed elsewhere than in our court aforesaid, whereby he may be withdrawn from his due attendance in our said court: Nevertheless, you or some of you, contriving to aggrieve the said A. B. have appointed or intend to appoint him to the office of one of the eolleotors of the several taxes, rates and duties, under the management of the commissioners for the affairs of taxes, within the town and hamlet of in the lower division of the hundred of in the county of , which office, as we are informed, will require his constant residence there; and which, if it be permitted, would tend to the manifest loss and damage of the said A.B. and many of our liege subjects, whose attor- ney he is in the court aforesaid : Wherefore the said J \ A.B. mi ISO PROCEEDINGS BY Chah. XIII. A.B. has humbly besought us to provide him a - proper remedy in this behalf; and we being willing _' ' that the liberties and privileges of our said court ;.. should be inviolably observed, command you and -::V every of you, that without regard to the aforesaid ^' appointment of the said A. B. you or some of you cause to be appointed another fit person to the said office, and that you or some of you without delay , ' exonerate and discharge the said A.B. from the said office, and that you altogether cease and ab- stain from proceeding against him for not taking upon him the same, as you will answer the contrary at your peril. Witness, (&'c.) v^'i^'^^ ri n « l- *^»«-' twsi i<"i (5 3.) . Attachment of privilege for A.B. gen- P»/r(-<>t for at- tleman, one, ^Cc. as-ainst CD. returnable on priviic-re, not ucxt after . « . • ^i' iN,. .r/. 5. in p«rson. builabi c. m-t 's^.'cj. ^>k-,. yt- 18^. (§4.) George the Third, (8Cc.) To the sheriff of Anaciiment of greeting: We command you, that you attach CD. Mailable. ' if he shall bw found in your bailiwick, and him safely keep, so that you may have his body before us at JVestminster. on next after to answer A.B. gentleman, one of the attornies of our court before us, according to the liberties and privileges of the said court, for such attornies and other officers of the court aforesaid, from time inunemo- rial used and approved of in the same court, of a plea of trespass; and have there then this writ. Witness Edward Lord Elknborough, at TVesimui' ster, iter, the reign.. ^ ': Hfiy :|: man, on« promises, next aftei r Oath fc - George greeting :. if he slial safely kee us at Wesi swer A. B court, S^c. also to a against th (or as the court bef Witness ster, the reign. Bail by I . A.Fi George \ We comr ^fcr, the reign. AKD AGAINST ATTORNIES. — day of — 121 — in the — -r— year of our Chap. XIII. ^, . Attachment of privilege for A.B. gentle- (§ .'>.) man, one, Kc. against CD. Case for ^* *'" TaiSe at-* promises, (or as the action is,) returnable on tachmontof „ privikgf. next atter . .- 4v',ftl«^c$ r , ) - -■ ■ -, ») , . 5. , y^. i5. in person. . i Oath for — — /. by affidavit filed, j ft«^«w ► , > „ <® - George the Third, (^c.) To the sheriff of (§ 6.) greeting: We command you, that you attach CD. j,rivliege',*^bai*- if he shall be found in your bailiwick, and him '*'''«• safely keep, so that you may have his body before us at U^estminsier, on next after , to an- , , swer A. B. gentleman, one of the attornies of our ^ court, &(c. (as before,) of a plea of trespass, and also to a bill of the said A.B. to be exhibited against the said C. D. for /. upon promises, (or as the action is,) according to the custom of our court before us; and have there then this writ. Witness Edward Lord JEllenboreugA, &t Wcstynirv. /: ster^ the day of in the year of our i - ' reign. \ Bail by affidavit for -,' A.B. in person. • 18—- l. jraj/. •.ik (§ •7.) Indorsement thereou. Ui- r. George the Third, (kc.) To greeting: (5 s.) We command you, that by our writ under the seal of privW,?", r into a cotiuty-- palatixte. {'!;i !l I 122 PROCEEiJlNGS BfY Chap. XIII. of our said county-palatine to be duly made, and to be directed to the sheriff of the same county , yott command the said sheriff, that he attach C. I), and Richard Hoe, if they shall be found in his bailiwick, "! and them safely keep, so that he may have their bo- dies before us at Westminster j on next after - , . t^ to answer A.B. gentleman, one of the attor- (5 9.) Entry of aU tachtnent of privilege on the roll, to save the sta- tute. ' nics, &'c. (as before). , As yet of term, in the year of the reign of kifig George the Third. Witness Ed'ward Lord Elknborough. England, (to wit). Our lord the king sent to his slieriff of his writ close in these words, to wit? Ge?or^tf the Third, &"c. (here copy the attachment of privilege, and then proceed as follows). > •• ■ At which day, before our said lord the king at Westminster, comes the said AiB. in his proper person, and offers himself against the said CD. in the pica aforesaid; and the sheriff, to wit,— — sheriff" of the said county of now here returns, that the said C. D. is not found in his bailiwick. plains of of the mil the king War;, • (t man, one the now k sent here trespass o tliat where (t- tornies of fore the k in his own one other said lord t also prcdci plea of tre For that wJ (§ 10.) Bc^innine: of s declaration, at the suit of aa attorney. fr^y. k jf:^ term, in the year of the • '"'4 V - - reign of King George t\ie Third. (to wit). A.B. gentleman, one of the at- tornies of the court of our lord the now king before the king himself, being present here in court in his own person, according to the liberties and privileges of the said court, for such attornies and other of- fice-, .of the court aforesaid, from time immemo- rial used and approved of in the same court, com- plains {A day our lord t| aetiort ac( the clerk eaid lord ing to the | his certair attornies, as of ■ — AND AGAINST ATTORITJEJ 123 plains of CD. being in the custody of the marshal Chap. XIII. of the marshalsea of our said lord the king before the king himself : For that whereas, (&'f.) • IVai/. term, in the year of the (§11-) ' ■ reiffn of Kins; Gtofffe the Third. Bcguum»g of » / • V . « 1 . /- ^T M 1 I'ill, against aa (to Wit). A. B. complains of t.JJ. gentle- attoraey. man, one of the attornies of the court of our lord the now king before the king himself, being pre- sent here in court in his own person, of a plea of trespass on the case, &f. (or as the plea is): For that whereas, (i^f.) » --i (to wit). A.B. gentleman, one of the at- (512.) tornies of the court of our lord the now kuig be- The lik*, ly J. 11- !• 1/-1- • one attoriii;/ tore the king himself, being present here in court againstaao- in his own person, complains of C Z). gentleman, ^' one other of the attornies of the said court of our said lord the king before the king himself, being also present here in court in his own person, of a plea of trespass on the case, S^c. (or as tlie plea is) : For that whereas, (^c.) (to wit). Be it remembered, that on the (§ i3.) day of in the )ear of the reign of The iikt .where our lord tlie now king, (a day after the cause of action aiisM, action accrued.) A.B. brouyht into the ofKce of '""**'"-" '^'" '* the clerk of the declarations of the court of our tiai., said lord the king before the king himself, accord- ing to the course and practice of the same court, his certain bill against CD. gentleman, one of th(? attornies, Kc. (as before), and filed the jsame bill as of term, in the year of the reign of ' our 124 .' MOCEEDINGS, &C. Crap. XIII. our said lord the king ; which said bill follows in these words, (that is to say) : (to wit). A. B, complains of CD. gentleman, one of the attornies, • • (Kc.) ./» The tike, against the marshal. (to wit). A. B. complains of C. D. esquire, marshal of the marshalsea of our lord the now king, before the king himself, present here in court in his own person, of a plea that he render, ifsC. (or as the plea is) . For that whereas, (fi(c.) Of the B There i "■'•S' •■ ^ ■;■< V. *•• ■ r ■^^'«-f O/the-Ri and oft in the a ■■*!- (t( find receiv r;-: ifi ^-•<;. :,l. .V.': : V •. V George greeting : body of custody, together and dctai in tJie sai loved Ed tice assig his chami La7ie, Lo. II 'v fr . [ 1C5 3 w **'}■ . . , ''I '■■: . i'-*--^ VM- ■■-"■■• € . •■ CHAP. XIV.^ »' . : ' • Of the Bill against Prisoners, in the actual or sup. posed Custody of the Marshal, &c. There are "no Form% referred to in this Chapter. :i . .■ ■ •■ \ CHAP. XV. Of Me Removal of Prisonim b^ Habeas Corpus; and of the Proceedincs in Actions against them, in the actual Custody of the Marshal or She- aiFf, i^£, f jiivipus to the Plea. — ^ (to wit). Habeas Corpiisfot c. v. to do !ind receive, !(c. returnable immediately. ♦.T- ;;, (§1) Prtecipc for habeas c >rpui £. F. attorney, cum causH, George the Third, (^c.) To the sherifF of creeting: We command you, tliat you hare the Writ of //a5e«w , -^ ' '' corjius cum body of CD. detained in our prison under your causS, todov custody, as it is said, under safe and secure conduct, 'g^^, ' ''* together with the day and cause of his being taken and detained, by whatsoever name he may be called in the same, before our right trusty and well-be- loved Edward Lord EUcnborough^ our chief-jus- tice assigned to hold pleas in our court before us, at his chambers, situate in SerjeanCs-Inny Chancery- Lane ^ Londoji, immediately after the receipt of this writ, I ' ■ «. '• IC« RIMOVAL Of PRlSOKERS Chap. XV. MTit, to do and receive all and singular thosr things which our said chief-justice shall then and there con- sider of him in thj||behalf ; and have there then this <. writ. W'itness^^kdxvard Lord EUcnborcugh^ at ll'fstminster, the day of in the year *': of our reign. •..,./, • ■. Wai/^^. ,,>-'..-.'*. ;. ^. iT, attorney. .•>•«" • • . : -^'i^'i^. (§3.) Habeas corpus no responden- dum. (5 4.) George the Third) (S(c.) To the warden of our prison of the Fle^.t^ greeting: We command you, that you have the body of C. D. detained in our prison under your custody, as it is said, imder sale and secure conduct, together with the day and cause of his being taken and detained, by whatso- ever name he may be called in the same, before us at IVestmimter^ on next after to answer A. B. in a pica of trespass, and also to a bill of the said J.B. to be exhibited against the said C.I), for — — /. upon promises; and further to do and re- ceive all and singular those tilings which our said court before us shall then and there consider of him in this behalf; and have there then this writ. Witness, (^V.) . '•./.... , • , , .. • Wau, Oath for /. by a^davit filed. .. - :,- E.F. attorney. ' . r George the Third, {Kc.) To the sheriff of ■ The like, hctt fyreetincr: We command you, t'.iat you have the languidus. ? . . body of CD. by you taken, and in our prison un- der your custody detained, (although sick,) as by j'Our return, sent into our court before us, mani- festly appears, (or as manifestly appears to us by thp the retu ^aid,) b( to for A. B 1, d turnable Georgi prison oj that you next aftei secure co custody, cause of 1 ever nam« A.B. — court bef( the said C ed, as we| promises said CD charges half, (or i| debt of court befd the said he had suj said debt, I the said cord; an( BV HABEAS CORPUI. 12*7 the return of late sheriff of the cour' • afore- Chap. XV. Aaid,) before us at Westminster ^ on next after to answer to /i.^. (S^'c.) , .,,^ ._ •_ ' (to witV Habeas corpus ad satisfaciendum (§ 5.) for ^. B. against C. I), for /. damages, (or for [ro'dpe for Ja. ° 1 \ """ corpus ad /. debt, and /. damages and. costs,} xe- sutiifacundinn. turnable, (iCf.) v- - .'. " • r E. F. attorney. ,'1 3'^ t George the Third, f^c.) To the warden of our <§ ^•) prison of the Ffeef, greeting: We command you, JJ^K^ that you have before us at Westminster ^ on «<•'"»• next after the body of C. D. under safe and secure conduct, detained in our prison under your • ' ] custody, a's it is said, together with the day and cause of his being taken and detained, by whatso- .^ ever name he may be called in the same, to satisfy A.B. /. which the said A,B. lately in our court before us at Westminster, recovered against the said C. D. for his damages which he had sustain- ed, as well by reason of the not performing certain promises and undertakings, then lately made by the said CD. to the said A.B. as for his costs and charges by him laid out about his suit in that be- half, (or if in debt, to satisfy A.B. as well a certain debt of /. which the said A. B. lately in our court before us at Westminster, recovered against • the said C. I), us also /. for his damages which he had sustjiined, as well by reason of detaining the . said debt, as for his costs and charges, i^c.) whereof the said C. J), is convicted, as appears to us of re- cord J and further to do and receive what our said co'irt i| 128 FROCEEDINOS^. -l .y.t Chap. XV. court l)cfore us shall then and there consider of htm ' ■ in this behalf; and hare th^re then this writ. Wit- ness, (NV.) ..>/;ir»'/. -^ ---t^ (5 7.) Beflfinriing of a bill against a prisoner, in custody of the marshal. (5 8.) Thftlikf.whcrc the cause of action arisfS. and tlio bill is tili..y virtue of a certain writ of our lord the king called a latitat, or alias capias, &,c.) issuing out of the court of our said lord the king, before the king him- self, at the suit of the saiii A.B. against the said CD. CD. and after ^ (tc in the oust of by now king c our said loi the suit of rected to - writ of our said county rected to tj for that vvh« • (tov the custody our lord the the court olj himself, at C D. and a| date on the apleaof trc for that whc (toj £.F. the sheriff of. a bill of mI of our lord I capias, &c.] the king be] " / AGA-INST PRISONfiKS, &C. « ** 129 C. D, and returnable in the same court, on next Chap XV. after in this s»n»Q term; for that whereas, (to wit). A.B. complains of CD. being in the custody of the sheriff of the county-palatine of by virtue of a certain writ of our lord the now king called a latitat y issuing out of the court of our said lord the king, before the kitig himself, at the suit of the said A.Ji. against the said CD. di- rected to and also by virtue of a cerrtain other writ of our said lord the king, under the seal of the said county-palatine, tliereupon duly made, and di- rected to the sheriff of the same county -palatine ; for that whereas, (&V.) • , , , (to wit). A. B. complains of C D. being in the custody of by virtue of a certain writ of our lord the now king called a /a/iVa/, issuing out of the court of our said lord the king, before the king himself, at the suit of the said A. B. against the said C D. and also by virtue of the said sheriff's man- date on the said writ, directed to aforesaid, of a plea of trespass on the case, U,c, (or as the pie;, is) ; for that whereas, [^^c.) (5 10.) The like,wjiere (Icfeiidaut is in c\i.'it')dy of the shfiitt'of a couuty-pola- tiuf. . r V]df ante, p. '23. I (§11.) The like.whcre the defendant is in custody of ai» officer of u |)urticular fiauchise. (to wit). A. B. complains of C D. and (§ 12.) E.F. the said CD. being in the custody of the The like, . a.^aiii*'. two sheriff of by virtue of a certain precept called defendants, a bill of Middlesex y (or by virtue of a certain writ tus^cody'of the" of our lord the now king called a latitat, or alias ^'^'^'''Ji' ^"'^. o ' the other of capias^ &c.) issuing out of the court of our lord the marshal. the king before the king himself, at the suit of the K said iij ' ■ 130 PROCEEDINGS, HcC. Chap. XV. said /{.B. against the said C. I), and the said E. F. being in the custody oi the marshal, (^V.) for that , ' whereas, {)kc.) (5 «iJ) In tlic King's Bench. AfTidinitof thu delivery of a copy of the dcclurtttiuiii A.B. plaintiiT, and C /). defendant. E. F. of -gentleman, malteth oath and saith, that he f'id, on tlie day of last past, do- liver unto G. II, gaoler or keeper of his majesty's gaol in and fot the county of , a true copy of the declaration hereunto annexed ; and the said gaoler or keeper then acknowledged to this depo- nent, that the said defendant was a prisoner in the said gaol : And this deponent further saith, that the said defendant was arrested (or charged in custody) at the suit of the said plaintitf, by virtue of a cer- tain writ of latitat issued out of this honourable court, and returnable before the delivery of the said declaration. E,F. Sworn, (iCc.) »■ ■ Of the Proc in the actt RIFF, &(c. -'v.''' ] h C. D. ) inai defendant ir after notice < give a note i: ing the defc Shall shew ci aforesaid, uj attorney for (to w tody of the n •*^' Bi iu a damages, (or damages,) th E.F. attorni Afterwards t\ le year before our sa .(. 'I [ 131 J , \' ,..■ ' -I- ■ •' ,1 .\ CHAP. XVi. t ' ^ •' ♦. (yMe PRocEEDiNot in Actions against VhtioutM, in the actual Custody of the Marshal or She- riff, fiCf. SUBSEQUENT tO the PLEAi D. ) innrshi " V. f IT is ordei'edi that the ihai-shfel of the (§ ^•) C /). .) inarshalsea of this court shall bring the marihoi, to«c- defendant into this court, within three days next knowiedKe the ' , '' defendant in after notice of this rule to be given to him, or shall hi* cuttody. give a note in writing under his hand, acknowledg- ing the defendant to be in his actual custody, or fihall shew cause to the contrary within the time aforesaid, upon notice thetcof being given to the attorney for the plaintiff. (to wit). CD. is comiBitted to the cus- (§2.) tody of the marshal, 5fc. in executio.., at the suit of f'^'J^'"""'* A. Bi in a pica of trespass on the case for • damages, (or in a plea of debt for /. and- damages,) there to remain until, SCc. .ludgment of — L ^v'^ .*;'%; £. F. attorney* — term,- George the Third. Roll' Afterwards, (to wit,) on next after — • — in (J 3 ) the year of the reign of our lord the now king, J^SSr!^'"^ before our said lord the king at Westminster^ comes 4m 132 PRISONERS, Chap. XVI. the said y/. B. in his proper person ; and the said C. I). Ix'ingtlien present here in court, at the pi-ayer of tlic said A. B. by the court of our said loi'd the king now hero, is committed to the custody of the marslial of the marshalsea of our said lord the king before the king himself, in execution for the da- mages (or for the debt and damages) aforesaid, there to remain until the said A. B. shall be fully satisfied the damages (or debt and damages^) aforesaid. ;^. E. F. kcept county of- hereuntoarf deponent sii said certifici subscribe hi cate, in the Sworn, {^ (§ 4.) I E. F. keeper of the county-gaol of do (Gaoler's r, rti- certify, that C. D. was on the day of licatc, for the J ^ J discharge of a last, (oY A. D. 18 — ,) Committed to the coimty- ^ " " ' gaol of by virtue of a writ of latitat issued out :* !' of his majesty's court of King's Bench at JVestmin- steVy returnable on next after , at the suit of yJ. B. in a plea of, (S(c.) : And I do further cer- tify, that since the said commitment, there has not been delivered to me, or my turnkey, any declara- tion against him the said C, D. at the suit of the said A. B. or any other person whatsoever ; and that no writ of habeas corpus has been brought for the ve- pioval of the said C. D. Witnesses, . . . G. 11. J.K, .■i-\ Witness my hand, (&V.) E.F. iS 5.) AfTirtHvit of gaoler's sigua- tme fhcreto. A. B. plajntiiF, and C Z). defendant, maketh oath and saith, that he this deponent did, on the day of last, see ,.-^ . E.F. In the King's Bench. G. H. of In tlie Kinff' E.F. of - defendant in he this dcpoi served tlie si inj; a true o for the plair shewing him arc three su tho^ , _ severally sei unto annexi thereof to IN same time sf nionscs:") hath this da| but that the tended thcr I "that on th] three sumr 1»RIS0NERS. 133 ^. F. l:) and at the same time shewini'; him the said three annexed sum- monses :") And this deponent further saith, that he hath tills day duly attended on the said summons", but that tlie said Mr. J. K. or his agent hath hot at- tended thereon. ( Or if there are three siinnnonses, " that on the three several days and times ih tlie said three summonses respectively inentioned, lie hath - ■ ' K 3 accord- 134 VRISONEKS. Chaf. XVI. accordingly duly attended thereon, but that the saidi Mr. J. K, or his agent did not, on any or either of the three several days pt times aforesaid, attend on the same.") , , \ Sworn, (^c) ■*v,-.4;-\»^w k. ^s- ■--'^r c-fi><.. . (§ 7.) r—r- (to wit)^ Sii^prsedeas, C, D, at the suit of Frrreipe for tu- A, B, ' .. " ' ' E. F, attorney. ^rn4^ rS 19—. (§8.) Geor^tf the Third, (&^f.) To the sheriff of Writof *K7)er. greeting: Whereas by our writ we lately com- deciaring upon iiianded you, that you should take C. D. if he shoul4 * '"^ ■ be found in your l^ailiwick, and him s?.fely keep, so that you might have his body before us at JVest- minstfTf on next after to answer J. B. of p plea pf trespass, and also to ^ bill of the said A. B. to be exhibited against the said C D. for /. ppon promises, (or as the plea is,) according to the custom of our court before us : And because the said A. R. hath not declared against the said C. D, >yithin two terms next after the return of .-he sai^ Hvrit, and the said C. D. h^th come into our said court before us, and filed common bail at the suit of the said A. B. in the plea an(| to the bill aforesaid ; therefore we command you, that you wholly cease from taking, attaching, imprisoning, or in any wise molesting the said C. D. on the occasion aforesaid ; and if you have taken the said C. D. and detain him ^n prison on that occasion, and no other, that thei^ without .M PKISONERS. 135 without delay you cause him to be delivered out cf Chap. XVI. the prison wherein he is so detained, at your peril. Witness Ed-ward Lord Ellenboroughy (^c.) * ^ Gfor^rc the Third, (Sff.) To the sheriff of (§9.) greeting : Whereas by our writ we lately command- Jj^giJla"' ^^ cd you, that you should take C. D. late of — — . if he should be found in your bailiwick, and him safely -v , •" keep, so that you might have his body before us on wheresoever we should then be in England^to answer A. B, of a plea of trespass on the case upon - promises, to the damage of the said A. B. of /, (or as the plea is) : And because the said A.B. liath . , '.! ,' BOt declared, (Ss"c.) and the said CD. hath come ■' ' into our court b^^i is, and appeared at the suit of the said A.B. i ';■ plea aforesaid; therefore we command you, SsC. (as before). s^ ; t ^y, . -. .. ■« .1 . .f-» (',«»*i' 'S\ V '^.a'.- : fit* if^ii-' •• ffv'!. .'!•■,?.' •;-■*. . Geor^tf the Third, (5Cc.) To the sheriff of (§ lO.) greeting : Whereas C. D. is detained in our prison '^^^ 'loceedlnK under your custody, by virtue of a certain writ of to trial or final latitat (or special capias ad respondendum) issuing out of our court before us, and returnable on, (Sfc.) to answer A. B. of a plea of trespass, and also to a bill, 5s'f. (as in the writ): And whereas the said C. D. in term last past, was charged with a de- claration, at the suit of the said A. B. upon the said writ : But because it appears to us, that the said A. B. hath not proceeded to trial or final judgment against the said C. D. within three terms next after the delivery of the said declaration, according, to the course and practice of our court before us ; and because the said C. D. hath come into our said court K 4 before judgment. 1 I PftlSONEltS. Chap. XVI. Wdfft «*, And filed common bail (6r *Jipear*d) at the suit of the said A. B. in the plea (or in the pica and to t] bill) aforesaid; therefore we command you, tha^ you wholly cease from further taking, ^c. (as before.) (.'>.->.) (§11.) The like, to the warden of the Fleet, where the prisoner had rendered himself in dis- charge of his bail in K. B. and was. re- moved *.o the Fleet by ha- beas corpus. George, the Third, {lie.) To the warden df our prison of the i7^«^, greeting : Whereas CD. was lately committed to and is detained in our said pri- son under your custbdy, upon and by virtue of our writ of habeas corpfus cum ctmsd^ directed to the marshal of our prison of the marshalsea ; and by the i^turn thereof it appeared, that the said C. D, had rendered himself, and was committed to the said marshal's custody, in discharge of his bail, at the suit of A. B. in a plea of trespass on the case, (or as the plea is,) depending in our court before us at Westminster ; and the said A. B. hath declared in Our said cour>^ before us, against the said C. D. in the plea aforesaid : And because it appeareth to us, that the said A. B. ha*h not proceeded to trial or final judgment against the said C. D. in the plea aforesaid, in due time, according to the rules of our said court before us ; and because the said C. D. hath filed common bail in our said court before us, at the suit of the said A. B. in the plea aforesaid ; we comrhand you, that if the said C. D. be detained i 1 our said prison of the Fleet under your custody, for the cause aforesaid, and no other, then that you permit him to go at large, as you will answer the contrary at your peril. Witness Edward Lord Elknborou^hj (&c.) George PRISONERS. 137 George the Third , {Sic.) To the sheriff of Chap. XVI. greeting: Whereas C. D. is detained, SCc. (as in the (§ 12.) form preceding the last, to the end of the statement "^^^l^^^^' ^^^ of the writ, then as follows) : And whereas the said t'le dcfendani y/. B. in term last past, obtained judgment in in executiuj). our court, before us against the said C. D. upon the said writ : But because it appears to us, that the said A. B. hah not proceeded to charge the said C. D. in execute n within two terms after the said judg- ment so obtained, according to the course and prac- tice of our said court before us ; and because the said C. D. hath come into our said court before us, and filed common bail, 5Cc. (as before.) •> vS,'» .••^■i George the Third, fSCc. ) To the sheriff of — - (§ 13) greeting : Whereas by our writ we lately com- S,c'dc£d!K manded you, Kc. (reciting the writ, as in a supersedeas pitting »« g"od for not declaring) : And because the said C. D. came into'our court before us, and found sufficient bail to answtr the said A. B. of the plea (or of the plea and to the bill) aforesaid ; therefore we command you, &V. (as before). Geor^^ the Third, (vVc.) To the marslial of our (§ U-) . marshalsea before us, greeting : Whereas C. D. was T^ ■ '^''' '^^^^ " _ o the ilefciidant lately committed to ori* prison under your custody, is ia custody of for want of good bail, at the suit of A. B. in a plea ^^" '^''''^^^' : of, {i(c.) And because, Sfc. (as in the last). .. . !l '1 *[ 138 J *• • / '■r. .: J,.^ -'^' ' CHAP. XVII. '^'--^'r-'.'vr-Y^-' (5 1) Certiorari to re • jpttovc a cause from an infe- ripr court. ';■'"•■•'•?■■ ■•■,7 ".■*'".. ''^ ' i- *' !• *'' . ' " ... ^ . . Q/'M^ Removal of Cavsfs frmn inferior Courts, George the Third, (SCc. ) To greeting ; We l>eing willing for cert^n causes, to be certified of a plaint levied in our court before you, against C. D. at the suit of yl. B, of .a plea of trespass on tlie case, (or as the plea is,) command you, that you send to us at Weshninster, on next after tiie plaint aforesaid, with all things touching the same, as fully and entirely as it remains in our court be- fore you, by whatsoever names tiie parties may be called therein, together with this writ, that we may further cause to be done .thereupon, what of right we shall see fit to be done. Witness Edward Lord Ellenboroitgh, (&c.) (§ 2.) George the Third, (5Cc. ) To the mayor, aldermen The like, to the and sheriffs of London^ greeting : We being willing London, to re- for certain ciinses, to be certified as well of a certajn bill original ai our court before yoii, or some of you, levied or affirmed against C. i). late of at the suit of A. B. qf a plea of debt on demand for /. as of a certain attachment thereupon made of /. in the hands and custody of E. F. being attached and defended ; command you, and every of you, that you send to us at Westminster^ on next after , the move a bill ori- ginitl and at- l^achment. with a tirely i of you called I further yve sha Menbo Geor^ snd siiei ?iid conj to the 1^1 ^ame cit the bailif ?ame citj them,gr< to be cei fore you r.z>. at those piq E. F. g,n( and every attachipel touchiflgf - — -nex, remain bj this writ) thereupoj Witness GeorgA county-pj CERTIORARI. ^9« * ) the bill original and attachment aforesaidt CfiAr.XVlI. with all things touching the same, as fully and en- tirely as they remain in out court before you, or any of you, by whatsoever names the parties may be called therein, together with this writ, that we n^y further cause to be done thereupon, what of righ^ >ve shall see fit to be 4one,. Witi|ie99 Etkfard LQr4 ^Uenboroughj (&.c.) -*? if George the Third, ( 5Ct\ ) To the mayor, aldermen and sueriffs of the city of Bristol^ and to the mayor 9iid constables of the staple of the same city, and also to the l^ailiflfs of the mayor and commonalty of the ^ame city of Bristol pf their court of Tolsey^ and to the bailiffs of the said maypr and con^ona^* )f tlie $ame ci|:y of their court of piepowder, aijtd every pf them, greeting : We being willing for certain causes, to be certified as well of all plaints in our court be- fore you, or any of you, levied or affirmed against C. D. at the syit of A. B. as of ^U attachments upoif those plaints, or any pf them, n^ade in the hands of JE. F. g,nd G. H. or either of them ; comipand you, and every of you, that you sen4 ^^ ^}^ plaints an4 attachtpents, and every of them, with a|l things touching the same, before us at Westminster ^ pi} next after as fully and entirely as they remain before you, o|r any of you, together with this writ, that we may furrier cause to be done thereupon, what of right we shall see fit to be done. Witness Edward Lord Ellenb^raugh, (&c,) George the Third, (SCc. ) To our chancellor of our county-palatine of Lancaster, or to his deputy there, greeting : The like, tothc ttiayor, ice. oi Biittoly to re. ibove all plaint^ and attach- nicnto. Thu like, tore- movf a plaint from the Com- mon-Pleas at hamatttr. Ill 140 CEnndRARi; Chai-.XVII. pjeetinp^ : W^ beinff willing for certain causes, to be certified. of a certain jilaint in our court of cominon- , bench for our said county-palatine against C. D. at ? tl»e suit of j4. B. of a plea 6f trespass ; do command yon, that by our writ under the seal of our said county-palatine to be duly made, and directed to 6ur prothoiiotary of our said court of common-bench for our said county-palatine of Lancaster, yon com- mand the same prothonotary', tlwt lie certify to you without delay the plaint aforesaid, with all things tOuchinfr the sartie, as fully and entirely as it remain* , before him, by whatsoever names the said C. D. and y/. B. may be called in the same, that you niaj' cer- tify the same to us at Westminsler, on next after to•) .3 (ho. Ill, cause to be done thereupon, what of rii^ht we shall see fit to be done. Witness K(hHird Lord Elknu George the Third, (JSTc.) To bur ctmnceltor of our iTinvc'thc n a*'^ county -palatine of Lancaster, or to his deputy there, Kript of a greeting : We being ■"illing for certain causes, to be iiul.sinont, &.C. •,. i ^ i ,. . . , , on the staf. Certified Of the proceedmgs \n a certain cause, lately depending in our court before our justices at Lan- caster, by our writ, between A. B. and C. D. of a plea of trespass upon the case, (or as the plea is,) and of the judgment thereupon obtained in our said court; do comtnand you, that by our writ under the seal of our said county-palatine to be duly made, and directed to our said justices at Lancaster aforesaid, you cause to be given in charge to tlie said justices, that they send to you under their seals, into the chancery of our said countj--palatine, ' . " the tJie tra und of all tliii custod; ' parties and oui said ; a under i it;!nscri said, wi writ, so ever we thereupc of the s shall be EUcnbon . To the before , To the To the ■ /To the To tiK To the ster, and To the mayor ar u/ HABEAS CORPUS, &C. Hi the transcript o( the proceeditigti in tlie said cause, CirAP.XVIf. mid of tlie record uf thu suid judgment therein, with all things toucliing the same, whic?~ are in their custody, as it is said, by whatsoever names the parties nuiy be called therein, on next ensuing, and our writ tliereupon made and directed as afore- s^iid ; and that you send to us distinctly and plainly, under the seal of our said couuty-palutinc, the iii'.nscript of the proceedings and judgment afore- said, with all things touching the same, and this 4^.;, writ, so that we may have them on, {He.) whcreso- • ," ever we shall then be in Englandy and further do thereupon, what of right and according to the form of the statute in such case made and provided, sliall be meet to be done. Witness Edward Lord Ellenboroiigh, (SCf.) To the marshal of our prison of the Marshahea ^. :. ' ' r Dl'"(!t»OH of before us. cerdorari & /la- • ' icas corpus, to the mnriihaL To the warden of our prison of the Fleet, Warden of the > •■ , ; Fleet To tlic mayor, aldermen and slieriffs of London, Mayor's court of Loiidoa. To the sheriffs 6f the city of London. To the sheriff of . Sheriff's court of Luudoo. Couaty-court. To the judges of onr palace-court of 7F«/wmVi- Marshaisea. ster, and to each of th ;m. To the steward of the court of the liberty of the Boro-igh-conrt , 1 . . n 1 • /.of Soiitliwark- mayor and commonalty and citizens oi the city ot London, m «-• III:. ' lll''l. •\- ■■4V 142 HABEAS CORPUS, &C. ' CaAr.XVlt London, of their town and bor \igh of Smithwark xii the county of Surrty, and alio to tlie bailiff of the* same liberty. Whitechtpel To thc Steward of our court of recdrd, witlrin the ^'""^' "^ manot;} of Stcpnet/ and Hackney^ in the county of Middlesex, the hamlets and liberties of the same, ;; ; find o'so to the prothonotary of the same court. «" t , Abingdon. To the mayor, bailiffs aliH bitrgps*;ls of the \iO' Tonq,\iof AbiHgdofi, it»the county of Berks, and to ■ every of their*. B»th. To the mayor, recorder and aldermen, justices of our city of Bath, in the county of Somerset, and to' ' every of them. Bedford, To the mayor, aldermen, burgesses and recorder of the town of Bedford, in tlie county of Bedford. Btiitoi, To the mayor, aldermen and sheriffs of thc city of Bristol, and to tlie mayor and constables of the y staple of the same city, and also to the bailiffs of the mayor and commonalty of the same city of Bristol, of their court of Tohey, and to the bailiffs of the said mayor and commonalty of the same city of their court of Piepowder, and to every of them. Buckingham. To the bailiff and burgesses of the town of Buck- ingham, in the county of Buckingham, Cambridge. To the mayor and bailiffs of the town of Cam- bridge. ' ■■' ■ > '*' To th. our city To th< city of Ct To the Dcrltj/^ ii: To our hold pleas ard of the aforesaid, To our 1 Migned t< berty or ro reverend f lord bishoi county of the said bil and to cacil To the the county! provosts of ToUiei GloiUi'ster.i To the of Herefor\ HABEAS CORPUS, &C. 143 To the mayor, aUlermen, bailiffs and citizens of Chap.XVU. our city of Carlisle^ in the county of Cumberland. Carlisle. To the mayor, bailiffs and commonalty of our CoTcntry. city of Coventry. To the mayor and burgesses of our borough of Derby. Derby y in the county of Derby. - , _ . To our justices of the bishop of Ely^ assignt^d to Ely. hold picas within the isle of Elyj and to the stew- ard of the same bishop within the liberties of the isle ". , aforesaid, and to every of them. Or thus: ., t - ' ■ ■ ■ . -To our trusty and well-beloved — our chief-justice Skiyllgned to hold the sessions of pleas, within the li. berty or royal franchise of the honourable and right reverend father in God by divine permission lord bishop of Elyj within the isle of Ely^ in the county of Cambridge, and to ^chief-bailiff of the said bishop, within the liberties of the said isle, and to each of them. To the mayor and bailiffs of our city of Exeter^ in Eveter. the county of Devon, and to the bailiffs, citizens and provosts of the same city. ' 4^^ To tlie mayor, aldermen and sheriffs of our city of oioucestcr. Gloucester. - ^ To the mayor, aldermen and citizens of our city Hereford. oi Hereford. To >.' i II I : 14* UABEAI COXPUS, &C. Chav.XVIL To the mayor and capital burgeues of the bo- ro\igh of Ilertfordf in the county of Hertford^ and also to the steward of our court of record there. Hertford. To the i-ough of Huatingdon, To the mayor, aldermen and burgosset of the bo- rough of Huntingdon, in the county of Huntingdon. Klnnston-' uyou-llalU To the mayor and sheriffs of our town and county of the town of Kingston-upon-ITull, in the county of York, „ . ., .,,, , . Ui '.■'■> K{n?t!fon. To tlie bailiffs and steward of our court of our upon- a r ^Q^j^ q£ Kingston-upon-Thames i and in the absence of the said steward, to tlte bailiffs and recorder of tlie same town, or any two of them. ^j Linco'.i. ILtchfield. liverpooU Ludlow. Xomouth. Kewbtiry. To the mayor, sheriffs and citizen! of our city of fAncoln. To the baili/Ts, burgesses and citizens of our city of Litchjidd. . ,• i ' . V ( .' ■ To the mayor and bailiffs of c...' borough of Liverpool J in the county of Lancaster, To the recorder, bailiffs and capital burgesses of our borough of Ludlow , in the county of Salop. To the mayor and bailiffs of our town of Mon- mouth. .' . To the mayor, aldermen and burgesses of our borough of Newburj/, in the county of Berks. To ' To the ty of the c to the 1 iingham. To the t in the coui To the n; rough of Pi To the m ampton. To the of Worcestei To the of York. ■ ■■'_ !/;;«■ HABEAS CORPVI, &C. 146 To the mayor and bailiffs of our town and bo- CHAr.XVII. tough of Northampton f in the county of Northamp- Northampton. tOHi To the mayor, aldermen and sherifTi) of our coun- Norwich, ty of the city of Norwich. To the mayor and burgesses of our town of Not~ Nottioghftm^ tingham. To the mayor aiid bailiffs of our city of Oxford^ Oxford, in the county of Oxford. To the mayor, aldermen and burgesses of dur bo- Pottimouth. rough of Portsmouth J in the county of Southampton. To the mayor and bailiffs of our town of South- Southampton. ampton. To the mayor, recorder and aldermen of our city Worcester, of Worcester. To the mayor, aldermen and sheriffs of our city York. oiYork. ' ha*..- /f.^.:^- ( CJ •;.„;„ \lia«^ j;;(v^fi;!f ■^M??!*! .fl:; ■..I 'i»T| v?,i> '•!.'+ ;;jj-.v Jfi^rf If;! vy,'- • , -J* m.i . ■■' '■■ ■ •I'm'j .1.1 :i'. ■—»-- ',-,\;t\0\. X ■■■.■.- ,> ■ 'S. Si:, \ 146 CaKV.XVll. (§'?•) Bail-piece, on habeas corpus. ■%!fo;'«vi .:; HABEAS CORPUS, &,C, y-A; tenn, in the year of tlie reign of King Gefor^d the Third. ' /raj/. (to wit). C. D. is delivered to bail • upon habeas corpus, ...j *; w?,, m t to E. F. of , u Jo iiT^.v. and . f.--v.>7.t{.„;.;w ei G.//.of , ' . . ^'> Xr.,, •m,. At the suit of the plaintiff in the plaint. Oath for /. <\j.K. attorney, -j;: ,:;--- ";,K'- .jr-;. ;; .-:,. ^'k V • ^^!.t'i/'>v(t:s •:> .'.^'vHu-;': ■:/',.. n/ .--•' iw ■■(<'■'■.' w.l,t'!j>- iw (§ 8.). You do jointly and severally undertake, that if the Recognizance defendant be condemned, at the suit of the plaintiff of bau, upon . ^ habeas corpus, (or plaintiffs) in the plaint, he shall satisfy the costs and condemnation, or render himself to the custody of the marshal of the marshalsea of the Court of King's Bench, or ydu will do it for him. A. B. plaintiff, and C. D. defendant. (§ 9.) In the King's Bench. Notice of bail being put in, on habeas corpus. Take notice, that special bail was this day put in upon the habeas corpus issued in this cause, before the honourable Mr. Justice at his chambers in SerJeanfS'lniif Chancerj/'Lane, London; and the names liames of Dated, (i To Mr. i for the •Take m defendant <:orpuSf an next IVestviinsU good bail i To Mr. E. for the p. George t greetirig: manded yo detained in said, undei the day an by whatso< in the same Edward L signed to 1 chambers s London, u to do and our said c| der of hir I' ll m HABEAS CORPUS, &C. 141 names of the bail are — — of — — and — — of Chap.XVII. Dated, (SCc.) .v.m':\V:Vv: Iri;; Yours, S^C. G> U. defendant's attorney. To Mr. E. F„ attorney for the plaintiff. Take notice, that the bail already put in for the (5 10.) defendant in this cs^ise, upon the writ of habeas Notice of jus- , - , 111 Ml tidcationof corpus f and of whom you have had notice, will on bail. next, justify themselves in open court, at Westminster-hall in the county of Middlesex ^ as good bail for the said defendant. Dated, {S(c.) >' (it ^: ' : ;-\..Tr- ■^' : Y". Yours, Sic. ,,^ ^f^l^nd^ Im;; i^iu [':^^^, j,<^i._.^',G.H. defendant's attorney. i;^n To Mr. i?. Z'. attorney m>ii!^>A' • ^v for the plaintiE r" I>ji> n ,.? *y 5 * -mrv? m . . ' George the Third, (SCc, ) To the sheriff of (§11.) greetirig : Although we lately by our writ com- Procedendo, on manded you, that you should have the body of C. D. detained in our prison under your custody, as it was said, under safe and secure conduct, together with the day and cause of his being taken and detained, by whatsoever name the said C. D. might be called in the same, before our right trusty and well-beloved Edward Lord Ellenboroughy our chief justice as- signed to hold pleas in our court before us, at his chambers situate in SerjeanCs-Inriy Chancery-Lane ^ London^ immediately after the receipt of that writ, to do and receive all and singular those things which our said chief-justice should then and there consi- der of him in that behalf; yet we being now moved L2 with habeas corpus. , tit i ;.!lr ill % m ll "f 1*8 HABEAS CORPUS, &C. Chap. XVIT. With certain causes, in our court before us, command you, and every of you, that in all plaints and suits againt the said C. D. at the suit of A. B, in our court before you, or any of you, levied or affirmed, or be- fore you or any of you now depending undetermin- ed, you prodeed with what speed you can, in such manner, according to the law and custom of Eng- land^ as you shall see proper ; our said writ to you thereupon before directed, to the contrary thereof in any wise notwithstanding. Witness Edward Lord Ellenborough, (^c.) (§ 12.) George the Third, (STc.) To the mayor, alder- Mr//orar? to'the ^^^ *"'^ sheriffs of Lojidon, greeting : Whereas we mayor's court being willing, for certain causes, to be certified as well of a certain bill-original in our court before you , or some of you, levied or affirmed against C. I). late of at the suit of A. B. of a plea of debt on demand for 1, as of a certain attachment there- upon made of /. in the hands and custody of E.F. being attached and defended, lately by our writ commanded you, and every of you, that you should send the bill-original and attachment afore- said, with all things touching the same, as fully and entirely as they remained in our court before you, ot" any of you, by whatsoever names the parties " might be called therein, before us at Westminster j ' <^n — ^ next after , together with that writ, that we might further cause to be done thereupon, what of right we should see fit to be done : Never- theless for certain causes, now specially moving us in our court before us, we command you, and every of you, that as well in the bill-original aforesaid, in HABEAS CORPUS, &C. 149 our said court before you, or some of you, levied or Chap. XVII, affiriiied against the said C. D. at the suit of the said A.B. in the plea aforesaid, as in the attachment ' aforesaid thereupon made, of the said /. in the hands and custody of the said E. F. with what speed you can, you proceed in such manner, according to the law and custom of England^ as you shall see proper ; our writ of cer/wmn aforesaid, to you there- upon before directed, to the contrary thereof in any- wise notwithstanding. Witness Edward Lord Ellen" borough, {S^c.) For the forms from §13 /o §-21 inclusive, vide (§13, &c.) post. Chap. XLIV. "^ ■ ':i..> lir 11 { 150 3 iiffifiSfiX CHA?. xvm. *- which he owes to and unjustly detains from hinfi. (to wit). A. B. who sues as well for our so- (§ 8.) vereign lord the king (or for the poor of the parish {«„.** of in the county of ) as for himself in this behalf, complains of C. D. being, (SCc. ) of a plea that he render to our said lord the king (or to the poor of the said parish of ), and to the said A.B. who sues as aforesaid, the sum of /. of lawful money of Great Britain j which he owes to and un- justly detains from them. Of a plea^tliat he render to the said A. B. certain (§ 9.) goods and chattels (or deeds and writings) to the ^^ d«tin««' value of /. of lawful money of Gr^at Britaiiif whic''' he unjustly detains from him. L4 In i t;,! .;; 152 bECLARATION. Chap. XVIII. In the King's T?ench. 0-". « 10.) By original, in case. term, in tJit year of the reign dt. King Geo^'getke Third. ..^ .^^ ,^, • (to wit). CD. was attached to answer A. B. of a plea of trespass on the case, 5Cc. and thereupon the said A. B. by his at lurney com- plains; that whereas, (S(f,) ' " > (511.; (to wit). r.B. was attached to ansn'e.r The like, by an A. It. of " plea of trespass on the case, &\'. and thereupon th ? sa.l A. B. oy E. F. who is admitted by the court o^ our )ord the king before the king him*;elf here, to prosecute for the said A. B. who is an infant within the age of 21 years, as the next friend of the said A. B. complains \ that where&s, 1»;i!J . >'«**'? t ;iw -i-. (ij 12.) The like. (to wit). The right honourable earl of (or C. D. esquire) having privilege of par- pfm"mber./' Hament, was summoned (or attached) to answer A.B. of a plea of trespass on the case, Kc. (or as the plea is ); and thereupon the said A. B. by E. F. his attorney complains; that whereas, (Sfc.) the House of Commons. (§ 13.) The like, against a cor- poration. (to wit). The mayor and commonalty and citizens of the city of Lojidon were attached (or summoned ) to answer A. B. of a plea of trespass on the case, y^c. (or as the plea is) ; and thereupon the said A. B. by his attorney complains; that whereas the said mayor and commonalty and citi- zens, [^C] ''^ ■'■■ • '• (to IiiViiidred tnc.bed t< 1-01 Lijn ci i plea of the st{ who sue pla\ is; ( A.B. of made by ing to tl denture | agreemei And there pomplaini N.B. defendan the plea For thi of a ple£ arms, brc (stating cularizin and othei great dan of our 1( said A. A the said DECLARATION. 153 The like, against hun- drtcdurs. »— — (to wit). The men inhabiting within the Cbap. XVIiL liiuiidred of in the county of were at- (^ ^*) tar bed to answer A, B. who sues as well for our so- voic (;n lord the king as for himself in this behalf, ci i plea of trespass and contempt, against the form of the statute, Kc. And thereupon the said A. B* who sues as aforesaid, by his attorney corn- plat is; that, (5Ct%) la (to wit). CD. was summoned to answer (§ 15.) A. B. of a plea that he keep with him the covenant Jji* ''gpt'/" made by the said C. D. with the said A. B. accord- ing to the force, form and effect of a certain in- denture (or of a certain deed poll, or articles of agreement) in that behalf made between them, Kc. And thereupon the said A.B. by his attorney ^ complains; that whereas, (SCc.) ^, N. B. In account, annuity, debt and detinue, the defendant is said to be summoned to answer ; and the plea is described as in an action by bill. For thisformy vide pasty Chap. XLIV. (§ 16) (to wit). C. D. was attached to answer ^.5. (§ '''•) of a plea wherefore the said C. D. with force and JJspaJiJ;' '" arms, broke and entered, (or made an assault,) SCc. (stating the trespasses at length, but without parti- cularizing the time, number, quality or value, SCc.) and other wrongs to the said A. B. there did, to the great damage of the said A. B. and against the peace of our lord the now king, S(c. And thereupon the said A.B. hy E.F. liis attorney complains; that the said C.I), on at (repeating the tres- passes, V: \\ 154* NOTICE TO PLEAD, ,&C. CuAP. XVIII. passes, with the* circumstances of time, number, quality and value, Sic.) and other wrongs to the ftaid A. B. then and there did, to the great damage of the said ^. B. and against the peace of our said lord the now king ; wherefore the said A. B. saith that he is injured, and hath sustained damage to the Value of /. and therefore he brings his suit, SCc. signed j of To Mr. abovf In the K «.' C5 18.) Notice to plead, indorsed on declaration delivered abso- lutely. (§ 19.) The like, when delivered de U'uc case. The defendant is to plead hereto in four (or eight) days, (or within the first four days of next term,) otherwise iudyrnient. . >, Tliis declaration is delivered conditionally, until special bail be perfected ; and the defendant is to plead hereto in four (or eight) days, otherwise judgment. r » s- rr.ri, V y * (§ 20.) Notice of de- olaration, &c. upon common A. B. plaintiff, In the King's Bench, i^ ,\i¥if !^,. and CD. defendant. Take notice, that a declaration was this day filed batrrs^iiied o'* with the clerk of the declarations in the King's an appearance Jjencli officc, in the Imiet'-Temph London, as of entered, ac- . . cording to the this present term, i^gainst you, at the suit of tlie above-named plaintiff, in an action of trespass oil tlie case upon promises, to the plaintiff's damage of /. (or in an action of debt for /. or as the action is,) and unless you plead thereto in four (or eight) days from the date hereof, (or within the first four days of next term,) judgment will be signed Take with the Bench o ditionall; original^ or in a in and ] against t'ff, in at mises, to] action of unless yJ from th^ four or meht wil thi$ To Mr. def ltlJ*«l^' KOTICE TO rilAD, &C. \55 signed against you by default. Dated this-— — day Chap, xviii. of 18—-. Your's, fiCc. jE. F. attorney for plaintiff. To Mr. C. D. the abov^ defendant. In the King^s Bench. ^. ^. plaintiff, ($!2i.) and The like ie C. D. defendant, common'or*** Take notice, that a declaration Was this day filed cJls?'''* **"'' with the clerk of the declarations in the King*s Bench office, in the Irmer-Temple London^ con- ditionally, until common bail be filed, (or by oinginaly until a common appearance be entered, or in a bailable action, until special bail be put . . . in and perfected,) as of this present — —term, against you, at the suit of the above-named plain- tiff, in an action of trespass on the case upon pro- mises, to the plaintiff's damage of /. (or in an action of debt for /. or as the action is) ; and unless you appear and plead thereto in eight days from the date hereof, (or on bailable process, ia four or eight days, as the case may require) judg- " " meht will be signed against you by default. Dated this day of 18 — . Your's, 5Cc. miM ^t «T ^ E.F. plaintiff's attorney xA -"^z^i^'M. ■ ■• ':% ■ Ij ' (or agent), qm^t ■ To Mr. CD. the above o ^ . defendant. . ^ •> - ' n.c i .tV ^ .:''•■)'''* 1 '* "/"i-.. ' ■■■ i. f.r '■ I il C 156 ] CHAP. XIX. Of the Rule to plead, and, Demand of a Plea. (§ I.) In the King's Bench. ' Term's notice, of rule to plead. y^.5. plaintiflF, ►*' and C. D. defendant. Take notice, that the plaintiflp intends to proceed after the end of the ensuing term, by giving a rule to plead in thisi cause. Dated, {S(c.) "kour's, SiCc. '■'•■:. £. F. plaintiflTs attorney. To Mr. G. H. defend- ant's attorney. (§2.) Kule to plead. In the King's Bench. A.B. V. yRxxle to plea4. * - tr. ' "r^?- £. F. attorney, 18—. (§ 3.) Demand of plea. In the King's Bench. ' ' 'i i ' if tUi r '•^: " ■;i^'':^5. : B. against . The plaintiff demands a plea in this cause, by Your's, 5("c. E, F plaintiff's attorney. To Mr. G. //. defend- ant's attorncv • 1 8 — . W [ 157 ] ■ta - _•> r^ CHAP. XX. 0/ Notices of Motion .iM 0T A K E notice, that this honourable court will be (§ i.) moved to-morrow, or so soon after as counsel can Notice of »«»- lion, to hIh!W be heard, for a rule to shew cause why the bail-bond cause why th« assigned in this cause, and tlie proceedings thereon, the proceed-' should not be set aside with costs, to be taxed l>y the iwK* therton, 'master, and in the mean-time all proceedings be set, aside. . stayed. Dated, {Kc.) . : (.„^'.„ ,,t,.,. Yours, S(c. i^ ^.j. G. II. defendant's attorney. , To Mr. E.F. plaintiff's attorney. In the King's Bench. A. B. plaintiff, and TA. trtl The like, for . V. delendant. common baiL Take notice, that this honourable court will be moved on or so soon after as counsel can be heard, for a rule to shew cause why the defendant - should not be permitted to file common bail in this ' action, and in the mean-time all proceedings be stayed. Dated, (&"c.) &ji^'' In the King's Bench. • 1-! l.j> A'B. plaintiff, (§3.) and The like, to «et C. D. defendant. r„'gs fo'^rTrregu- Take notice, that this honourable court will be '"»*y- ;noved, SCc. (as above), for a rule to shew cause * why 'la '01 sim-^ Ml i'i i 1 1i)8 KOTICKI PF M0TIOK< Chap. XX. why all the proceedings in thi^ cause should not be set aside for irregularity, and in tlie mean-time ail further proceedmgs be stayed. Dated, (SCc.) Yours, S(e. G. H. defendant's attorney. To Mr. E.F. plain- tifTs attorney. The like, to iitay procecd- ingt, till M!cu< rity be given tor costs. Take notice, that this honourable court will be moved, (SCc.) for a rule to shew cause why all the proceedings in this cause should not be stayed, until security be given for the payment of costs. Dated, (SCc.) %h m (§5.) The like, for the Master to compute prill In the King's Bench. ?v ' w^. ^. plaintiff, ''.^ ' and C. D. defendant. Take notice, that this honourable court will be rerton a bond" nioved, {S(c.) for a rule to shew cause why it should not be referred to the Master to compute the princi- pal and interest due upon the bond in question ; and why upon payment tliereof, together with the costs to be taxed by him, the said bond should not be de- livered up to the defendant to be cancelled. Dated, ityn.a-u-.! i^C.) , 'Hi:A n. ^Ji^ ^. ^. piaintiflF, '' and C. Z). defendant. {% 6.) In the Kirig*s Bench. The like, to set aside iuterlo- cutory judg- Take notice, that this honourable court will be irregularity, moved, {i^c.) for a Hile to shewcause why the inter- locutory judgment signed in this cause, and (if a writ of inquiry has been executed) t^e vyrit of in- i ' ' quiry NOTICES OF MOTIOK. 109 quiiy executed thereon, should not be set aside for Chap. XX. irregularity, with costs to be taxed by the Master ; and (if there has been any misconduct on the part of tlie plaiutirt) why the plaintiff should not answer the uialtcrK of the affidavit, and in the mean time all proceedings be stayed. Dated, (S(c.) Your's, &c. G. //. defendant's attorney. To Mr. E. F. plain- tifl:''s attorney. • , m Take notice, that this honourable court will be (^ n.) moved, (5Cc.) for a rule to shew cause why the iudo;- '^^1 like, to set , . , . , aside judgmtnt ment signed in this cause, and the execution issued and execution and executed thereon, should not be set aside for ^y^^ and't'hrt' irretrularity, with costs to be taxed by the Master ; the money ic- ° •' ' •' _ _ vied be restor- and why the sum of /. levied and paid into the v.d. hands of the sheriff of should not be restored > 3 ;j to the defendant, and why the said sheriff should not retain the same in his hands, until the further order of this court, and in the mean-time all pro- ceedings be stayed. Dated, (5Cf.) r|f.- tH.-^ levied. .syj Take notice, that this honourable court will be (§ 8.) moved, (3Cc.) for a rule to shew cause why the ludg- ^'"*'5f *° ^''* . . . , sherift, to re- ment in this cause, and the execution executed tain the monfiy thereon, should not be set aside for irregularity, with costs to be taxed by the Master ; and why the money paid into your hands should not be restored to the defendant, and that in the mean-time you retain the same, until the further order of this court. Dated, (5(f.) • . , ^. ,^ i li ^t •^ [ 160 ] ^ CHAP. XXI. .■ < ui' 111 !j!i' :,i ) ^ STAYING the Proceedings, There are no forms referred to in this Chapter, Av S •■v'j:' . 1. CHAP. xxn. ;; ];- .'^ U:- "•t-u M cernmg m I6'J COMPROMISING AND Chap. XXII. cerning the same; and for what you the said attor- f nies, or any one of you, shall do or cause to be done in tlie premises, or any of them, this shall be to you and every of you a sufficient warrant and authority. In witness whereof, I have hereto set my hand and seal, the day of in the year of the , reign of our sovereign lord Gfor^t^ the Third, by the grace of God, of the united kingdom of G^eat Britain and Ireland king, defender of the faith, and in the year of our Lord 18 — . C. D. Sealed and delivered, being first ) duly stamped, in the presence of * (§*•) Affidavit to en- ter up judg- ment thereon, alttjr u year. In the King's Bench J.B. E. F. of of A. B. plaintiff', and C. D. defendant, the above-named plaintiff, and — severally make oath and say ; and first this deponent A.B. for himself saith, that the above-named defendant being justly indebted to this deponent in the sum of /. for goods sold and delivered by this deponent to the said defendant (or as the case may be), did, in order to secure unto this deponent the payment thereof, on or about the day of IS — . execute and deliver unto this deponent, a warrant of attorney, bearing date the same day and year aforesaid, thereby authoriz- ing certain attornies therein-named, or any other attorney of this court, to appear for him the said 6'. 1). in tiie same court, as of the then term, or any other subsequent term, and then and there to receive a declaration for him in an action of debt for 1. for money borrowed, (or otherwise, ac- cording COMPOUNDING THE ACTION. 163 cording to the warrant of attorney,) at the suit of Chap. XXII. this deponent, and thereupon to confess the same action, or else to suffer a judgment by nil dkit ov ^. otherwise, to pass against him in the same action, and to be thereupon fortliwith entered up against liim of record of this court, for the. said sum of ■ /. besides costs of suit: And this deponent further saith, that tliere is justly due and owing from the said defendant to him this deponent, for principal money and interest thereon, the sum of ' /, and that he verily believes the said defend- ant is living, he this deponent having seen and con- versed with him on the day of this instant . And this deponent E. F. for himself saith, that he was present, and did see the said warrant of at torney executed by the said defendant, and that the name C. D. set and subscribed thereto, is of the proper hand-writing of the said defendant; and that he the said defendant did sign, seal, and as his act and deed deliver the same, in the presence of this deponent; and that the nsxxvtE.F. set and sub- scribed asawitness to the execution thereof, is of the proper hand-writing of him this deponent. A.B. Sworn, (&V.) J , E.F. A. B. who, SsV. plaintiff, (§ 5.) In the King's Bench. and Affidavit fot *^ leave to corn- C, D. defendant. pound a pauai autioQt A. B. of the above-named plaintiff, maketh oath and saith, that tMs action is brought for the recovery of certain penalties to the amount of M2 L : Mi 164 COMPROMISIKG, kc. Chap. XXII. /. alledged to have been incurred oy the above- named defendant, upon and by virtue of an act of parUanicnt, made and passed in the year of the reign of, {i(c.) intituled, {^c) and this deponent liath declared in the said action against the defend- ant, who has pleaded thereto the general issue of nil debet : And this deponent further saith, that it hath been agreed between this deponent and the said defendant, to apply to this honourable court, for leave to compound the said action, upon the defendant's paying the sum of 1, to our lord the now king, ard /. to this deponent, toge- ther with the costs of this suit, and of the present ap])lication, to be taxed by the proper officer (or otherwise, according to the agreement of the par- ties) : And this deponent further saith, that the above are the real and only terms upon which this action is meant to be compounded ; and that he this deponent hath not, nor hath nor have any other person or persons for his use, received any sum of money whatsoever, for compounding the said action, nor doth he this deponent intend, nor is nor are any other person or persons by his order or ap- pointment, or for his use, or for the use of any other person or persons to his knowledge, or with his privity and consent, at any time hereafter, to have or receive for compouiiding the same, more than the said sum of /. and the costs to be taxed as aforesaid. Sworn J (S(c.) [ 165 ] I* . >*'> *" t I .' '■ ■;' ,;'■ ;';;i .,t. CHAP. XXIII. 0/ CONFESSING ihc AcTioN ; a7id of the Writ of Inquiry of Damages, &c. In the King's Bench. y^. j5. plaintiff, (5 i) ajld Confession of ^* the action, in C. D. defendant. «««"»;>*'<. •n t 1 CONFESS this action, and that the plaintiff hath sustained damages to the amount of 1, (the damages as laid in the declaration,) besides his costs and charges, to be taxed by the Master; but no judgmcHL is to be entered up, or execution issued, until the day of next, in default of pay- ment of the sum of /. (the real debt) being the debt in this action, together with the said costs : And I do hereby agree that no writ of error shall be brought, nor bill in equity filed ; and that in case the plaintiff shall enter up his judgment in default of payment, he shall be at liberty to levy the saic^ sum of /. together with the costs, sheriff '5 poundage, and all other incidental expences. As witness my hand this day of • 18-—. I confess the debt in this caxise, and tliat the (§ 1.) plaintiff hath sustained damages to the amount of ''''*' '''*'^> ''^ 'if. besides his costs and charges to ba taj(:e4 by th^ Master, &V. (as above). M 3 - ^ ^^^ ( i ' iff II '!• 166 Chap. XXIII. (^3.) The like, re- lirti'i wrijica- WRITS OF INQUIRY, &C. I do hereby agree to withdraw the plea (ordemur^ rer) by me pleaded (or put in) in this cause ; and do confess this action, or the debt therein, &V. (as before). :^ Writ of iii- qill by ;,;ii. George the Third, by the grace of God, of the united kingdom of Great Britain and Ireland king, defender of the faith. To the sheriff of greet- ing: Whereas A. B. lately in our court before us At Westminster, by bill without our writ, impleaded C. D. being in the custody of the marshal of our marshalsea before us : For that whereas, i^f. (here recite the declaration,) to the damage of the said A.B. of /. as he said, and thereupon he brought his suit, &f. And such proceedings were thereupon had in our said court before us at TFiCv^- 7nw5/\W . (§9.) Writ of in- quiry by bill, in . under and subject to a certain condition tliereto subscribed, whereby after reciting, 5■■■' j • ; cording WRI'r$ OF IKaUlRY, &,c. cordinf; to the form of the statute in such case made and provided, we command yon the said shcnif, He, (as in the last, to the end). /• . •»r» ' . . ' , ni Chap. aXIU -, Tin- like, in debt uii b:iil- Gforc'e the 1 « ird , ( S(r. ) To the sheri ff of - and also to our chief-juitice of the bench at West- DuJlj," u "J.' p. minster, (oi * to our justices assigned to take the as- sizi's in your county") greeting: Whereas C.P was summoned to be in our court before ou ticcs at Westminster, to answer A.B. assign o sheriff of tlie county of according t*. form of the statute in that case made and provided, of a plea that he rendered to tlie said A. B. us as- signee as aforesaid, the sum of /. of lawful money of Great-Britain, wliich he owed to and unjustly detaii»ed from him ; for that whereas, f K 172 WRITS OF INftlTlRY, &C, Chap. XXIII. .1.^,; ■V (§11.) the bench at Westminster ^ assigned to hold pleas in our said court, ( or " before our said justices of assize" ) on the day of at in the county of to inquire upon their oath of the truth of the said breach, and to assess the- damages which the said A.B. hath sustained thereby; and that you have on that day, before our said chief-justice (or justices of assize) this writ. We likewise command- our said chief^justice (or justices of assize), that he (or they) certify the inquisition before him (or them) taken, to our justices at Westminster ^ in together with the names of those by whose oath such inquisition shall be taken ; and that he (or they) have also there this writ. Witness, (5("c.) Take notice, that the plaintiff intends to proceed, Term's notice after the end of the ensuing term, by giving notice (§ 12.) Notice of in- quiry, in lion San. of inquiry in this cause. Dated, (SCc.) *-i.4af'-/ .-'nuim^ A. B. plaintiff,- In the King's Bench^ ^^t^ ■■W: and <^A m^wi^^m c. D. defendant. Take notice, that a writ of inquiry of damages in this cause will be executed on the day of instant, between the hours of and • ©f the clock in the forenoon of the same day, at the secondaries office, No, 14. Lothhuiy^ London. Dated this day of X-tvi I ( t »* ■ ..-.- '--i-'^-y ■:.::>■ -.ii J ^'k :.,.■ Your'sjiTr. ' ' ■ ■•■i<^» E.F. plaintiff's attorney. To Mr. ^. //. defend- ■ - -suit's attorney. ../ '9v'iids*-.<;««tvi'Wii'">«|;-^"''-- k' If t'-: ■ WRITS OF INQOIRY, &G. 17S If in Middlesex, say, " between the hours of Chap. eleven of the clock in the forenoon and one of the XXIil. clock in the afternoon of the same day, at the <^ ^^'] sheriff's office, Bedford Street, Bedford Row, in the A/)Sc/il«*i'."' co\xnty oi Middlesex,''* ^- ' ; If in the country, " at the house of , com- (5 '*) monly called or known by the name or sign of Jountry '"**''* in street, at in the county of ." I do hereby continue the notice of executing the (§ 15.) writ of inquiry, given you in this cause, to the Notice of coa- , ,. , , .,11 .tiuuaucc. — — day 01 next, when the same will be ex- ecuted between the hours of and — — at . ' . ' Dated, (5Cc.) «.. u -.^j^? V«-s \^,Mi. i )km ; E.F. plaintiff's attorney. To Mr. G.H. defend- 3$iimm^'^'^^'^^^^'^' • ' '' ant's attorney. ^^^ .j^^K j^^^;,p:j^;,^jt ,tj.<^ I do hereby countermand the notice of executing (^ 16.) the writ of inquiry, given you in this cause. Dated, Notice of coun- \, In the King's Bench. A.B. plaintiff, and .^i...:.. (§17.) Noti«.(' (»f at ■ t< ..i, _,*' C /?. defendant. eouu.seL "-t Take notice, that the plaintiff (or defendant) will attend by counsel, on the execution of the writ of • inquiry in this cause. Dated, (SCc.) ; ■- — (to wit.) An inquisition indented, taken at inquitition on the house of — — - called or known by the name cfr i,uir\ , aad re- f t ■ ■?? WRITS or iNftUlRY, &C. 175 Chap. XXIII. <1om of Great Britain and Ireland king, defender of the fnith, and in the year of our Lord 18 — , at — ^*— in the county of , by virtue of his ma- jesty's writ directed to the sheriff of the said county, and to mc the said chief-justice, (or '' to us the said justices of assize**) and to this inquisition annexed, by the oath of £. F. (&c. ) twelve good and lawful men of the county aforesaid, who being sworn and charged upoti their oath say that, ^c. (hero set out the finding of the jury, upon the breach assigned); and they further say upon their oath, that the said A. B. hath sustained damages by the aforesaid "^ breach of the said condition of the said writing obli- gatory, besides his costs and charges by him about his suit in this behalf expended, to /. In wit- ness whereof I the said chief-justice (or '* we the said justices of assize") have hereunto set my hand and seal (or " our hands and seals") the day and year and at the place above-nT:?ntioned. The execution of this writ appears in the inqui- ucturrw sition hereunto annexed. *'^ '* .vr. The answer of the chief-jiistlce (or V'H.HU-i ,?:J_i.,, (( '>b v^ ;'j \S within-named. of and thejustices of assize") .•ii . at--* i.«wV«r^T--" fc«" ,:>* r-^t;^- iiJ'^^j ^.-^i-J -^^-^ to wit. Stibpana to testify on inquiry, be- (§18) tween A. B. plaintiff and C. D. defendant, on the ^^^^j",/^; ^ part of the plaintiff ( or defendart. ) writ oi iuquiry. t^.F. attorney. f'V^t •>*i1 t'A -IS—. George 176 WRITS OF IjiaUIRY, &.C, Chap. JCXIII. (§20.) Stthftierui' ticket. G By virtue of a writ of subpoena to you directed, and herewith shewn unto you, you are to be and appear before the sheriff (or sheriffs) of— —on at — — (as in the sitbpcena,) to testify the truth according to your knowledge, in a certain cause now depending between A. B. plaintiff and C. D. de- fendant, of a plea of trespass on the case, (or as the action is, ) on the part of the plaintiff (or defendant) , in which cause a. writ of inquiry of damages will then and there be executed ; and this you are not to omit under the penalty of 100/. Dated the day of in the year of the reign of our '-•• s ii: rve'f;'. ■^ n^''?;" ■•'S ?i j' ;''-^, '^!." sovereign '^f^'-' Jvom' WRITS OF INQUIkY, &C. 177 '■iil • sovereign lord George the third, (5Cc.) and in the Chap. year of our Lord 18«*-. XXIII. By the Court. E. F. attorney for the pl^ntiff (or defendant). ^ > . ^. i^. against C. D. (§21.) ■ . Rule for judg- ', V Rule forjudgment on inquiry. "'"' /^ . ^ ■ ' • , -' M f ni .. w -n;«_ ferry >';v 'V .^m%,. «f'lii;fi!-Tiii,-ij y^,J^ .-^ e i' V '• •■**■ ■*•■**- 1 .-m' ru-.-jy:.'.!^ ■'■■>.! I. ' .C. ■ ''1 : '^CT^ils Otis ' fit- n. ..,-^ •*■( I 178 ] CHAP. XXIV. I. Qf Over of I>eeds, 5Cf. ; ani Particulars of Plaintiff's Demand. Demand of o^"*! by the defciidunt. (§2.) The like, l»y the plaiiitifl'. (§ 3.) Summons for piirti(*uliir.sof pUiiutiii's de- mand. In the King^s Bench. B. against D. JL U E defendant demands oyer and copy of the writing-obligatory mentioned in the declaration in this cause, and the condition thereof, (or of tl)c deed-poll, indenture, articles of agreement, U,c. mentioned in the declaration in this cause). < Your's, Sfc. G H. defendant's attorney. To Mr. J?. /^plaintiff's - ^v , •'■:, attorney. ■ J ^ ' '■■ •" .''v-'.:' •'"\;v.'^': The plaintiff demands oyer and copy of the deed of release,(^6'.) mentioned in the plea in tliis cause. Its. i .B. ) CD. ats Let the plaintiff's attorney or agent at- tend me at my chambers in Seijeanfs- Imij at of the clock in the to shew cause, why he should not deliver to the defen- dant's attorney or agent, an account in writing of the particulars of the plaintiff's demand, for which this action is brought, and why in the mean-time all proceedings in this cause should not be stayed. Dated the day of 18 — . ,. ) Upon ft ' y t>ARTICULARS OF DEMAKD. lis CD. \ Upon hearing the attornics or agents on Chap. ats. > both sides, I do order, that the plain- ■XXIV. Jl. B. y tiff's attorney or agent shall deliver to order th the defendant's attorney or a^ant, an account in upon, writing of the particulars of the plaintilT's demand, for which this action is brought, and that in the mean-time all further proceedings |n tliis cause be stayed. Dated, (fiCc.) .^&kr- :Si.*i/ '•^s.fi-» ftt < >• .»ii**^ .r;-;'.' N 3 [ ISO ] »1) A Adavit to change venue. (§2.) Rule theraon. « ' i .a \ CHAP. XXV. ■ '* ].ntiSh'ff 1ANCING the Venue. ' • A.B pIainti,fF, :h. and • C. D. defendant. In the King's Bench. C. D. of the above defendant, maketh oath and saith, that the plaintiff's cause of action (if any) arose in the county of L. and not in the county of M. (where the venue is laid,) or clsewhore out of the said county of Z, Sworn, (^f.) A.B.>. V. [ Upon reading the affidavit of the defend- ant, it is ordered, that the action be laid in the county of L. Upon the motion of «3.) Rule for bring- ing back the venue. Mr. A.B. Upon reading, &c. (the rule to change the venue,) and upon the undertaking of the C. D. ) plaintiff, to give material evidence of some matter in issue arising in the county of (the county where the action was first laid,) it is ordered, that the said rule be discharged. Upon the motion of Mr. . [ J»« 3 V. CHAP. XXVI. - '" Of BRiNciNO Money into Court. ^ ^ A.B. ^ It is ordered, that the defendant have ($ i.) V. f leave to bring into court /. ; and Rule for btinis- C. D. ^ thereupon, unless the plaintiff shall ac- court. cept thereof, with costs to be taxed by the master, s . ' in full discharge of this suit, the said /. shall be struck out of the declaration, and paid out of court to the plaintiff or his attorney ; and upon the trial of the issue, the plaintiff shall not be permitted to give evidence for the said —— /. Upon the mo- lion of Mr. . I i.'i'i% i:':£iij>t-' ,4^*v« •i'* V' 1 . " .*'H i. ' v^v: ••- /? .v?;.?i-i»^'^in<;^iyvJi-'iriTF ^ '' ■ •, ,■'_;' 1 ,, J r, •, N 3 ■•:> t m _ ?K . t »«fl I (5 1-) rita ill abate- mcnt, of niis- noiiiMr in d«i- ftiidaiit's Chriiitittii< • ' CHAP. XXVII. ^ (y Pleas in Abatement, iO. — — term, in the year of the reign of king George the Third. C. D. sued And CiXapainst whom the said byth«numc A.B. hath exhibited his said bill of E. D, > by the name of £. D. in his own ats. person comes and says, that he A. B. was baptized by the nonie of C. to tvit, at — >— < and by the Christian-name of C. hath always since his baptism hitherto been called and known ; without this, that he the said C. D. now is, or at the time of exhibiting the said bill was, or ever before Imd been, called or known by tlii' Chris- tian-name of £. us by the said bill is above sup- posed ; and this he the said C. D. is ready to verify, wherefore he prays judgment of the said bill, and that the same may be quashed, isc. V.Lawes. «2.) Affidavit of the truth tlioreof. In the King's Bench. ■ A. B. plaintiff, and C, D. sued by the name '' of ^. />. defendant. C. D. of the defendant in this cause, maketh oath and saith, iiiat the plea hereunto annexed is true, in substance and matter of fact. CD. Sworn, (SCc.) . , wd fel dc til .lf< [ 183 ] ' br- K. >.* -u*. , ne> I V CHAP. XXVIII. h9a u^^k K/ -. •<' Of the GENERAL IssuE ; and Notice qf ttr-osr. Mi rt» , — term, in the year of tl»c reign of (5 i.) kinc George the Third. P'c" "r*""* A.B. aU. s And the said C. D. by hiH tUtomey , comes and defends the wrong and injury when, y; In the Kjng*s Bench. aj"(t. Between A.B. pluintiff, ai»d (§2.) Notirc of si't- off, for work C. D. defendant, audia'wur.&c. Mr. E. F. Take notice, that the above-named defendant,' on the trial of this cause, will give in evidence and in- sist, that the above-named plaintiff, before and at the tiniu of the commencement of this suit, was and still is indebted to the said defendant, in the sum of 1, of lawful money of Great Britain, for the work and labour, care and diligence of the said de- fendant, by him the said defendant before that time done performed and bestowed for the said plain- tiff, and at his request ; and for divers materials and N 4 otlier 184 NOTICE or SIT-OFF. Chap. XXVIII. other necessary things, used and emplc^ed in an4 about that work and labour, by the said defendant before that time found and provided for the said plaintiff, and at his like request; and for divers goods wares and merchandizes, by the said defen- dant before that time sold and delivered to the said plaintiff, and. at his like request ; and for money by the said defendant before that time lent and ad- vanced to the said plaintiff, and at his like request ; and for other money by the said defendant ^ "^re that time paid laid out and expended for the said plaintiff, and at his like request; and for other mo- ney by the said plaintiff before that time had and received to and for the use of the said defendant ; and that the said defendant will set off and allow to the said plaintiff, on the trial of the said cause, so much of the said sum of /. so due and owing from the said plaintiff to the said defendant, against any demand of the said plaintiff to be proved on the said trial, as wiU be sufficient to satisfy and dis- charge such demand, according to the form of the statute in such case made and provided. Dated this •——day of 18 — . ;V ,?; ■■ fs.b--v Ydur*s, 5Cc. " ^'^''^'•'^ G. H. defendant's attorney. ^i.. :V '?■» 'f 'i.i. V 'A ■< 'x * i 185 ] CHAP. XXIX. ' Of the Rule to Reply, &>. v'b /i.B. "\ <»— next after is given to the (§'•) V. i plaintiff to reply. K-letoxeply, CD. ) ^ ^ Entered: ^. -ff. plaintiff, (§2.) and Term's notice In the King^s Bench! ' C. D. defendant. to reply. Take notice, that the plaintiff intends to proceed, after the end of the ensuing term, by giving a rule - to reply in this cause. Dated, (fiCc.) , *. Your's, SCc. ■, .'' r"-«-v;J^.V --■• "■ E.F. plain- 1 tiff's attorney. . . To Mr. G.^. defendant's , , •, • attorney. ','»,; « ■■■■■' 1 ^r. r ' f jA.B. \ It is ordered, upon payment of costs to be (§ 3.) taxed by the Master, that the action be ^"'* *° '*'" J. if. \ 7.D. y discontinued. continue. , 'A » r' ■. i'M } a'r- [ m } ■f,...j,,. •;. „'.;^.-. . 1*3, ■■:■■' • (§ 1.) Issue by hill, of the same term with the declaration. CHAP. XXX. Of Demurrers, and Amekdmint. There are no Forym tiferrtd to in this Chapter. ". i CHAP. XXXI. "'t't .< . '.^ ' » Of MAKING vPy'and enterincj the Isstrz, &o. term, in the — year of the rc:ign of King George the Third. , "■;/ --:■•'• :■• ., " " " n'aif. to wit. jlSiC it mnemhered, that on next after in this same tc^rm, (the first day of the term of which the issue is made up, unless the cause of action accrued afterthat day, in whicli case tljie memorandum is special, stating the bill to have been exhibited on the day mentioned in the title of riie declaration,) before our Ir.d the king at West- minster ^ comes A.B. by his attompy, and brings into the court of our said lord the king be« fore the king himself now here, his certain bill against C. D. being in the custody of themarslial of the marshalsea of our said lord the king before the king himself, of a plea of trespass on the case upon promise*; ISSUED. 187 promises; (or \n cevenftni, of a plea of breach of covenant ; in debt, ©f a pica of debt ; in detinue, of a plea of detaining the goods and chattels of the said A. B, ; in case, of a plea of trespass on the case ; in trespass, of a plea of trespass ; or in assault or impnsonynent , in a plep^ of trespass and assault, or of trespass assault and fali«c-imprisonixient, £(c.) and there are pledges for the prosecution thereof, to wit, Johit Doe and Richard Roe ; which said bill follows in these words, that is to say :— — to wit. ^. B. complains of C. D. &c. (here copy the de- claration to the end, omitting the pledges, and pro- ceed on a new line as follows:) Chap. XXXI. And the said C. D. by his attorney, comes and defends the wrong and injury when, S(c. and says that he did not undertake or promise, in man- ner and form as the said A. B. hath above thereof complained against him ; and of this he the said C. D. puts himself upon the country ; and the said A. B. doth the like : Therefore let a jury there- upon come before our lord the king at Westminster, on next after , (some return-day before the trial; and if the trial be at the assizes or sittings after term, the last return-day of the preceding term,) by whom, Ssc. and who neither, i^c. to re- cognize, iKC. because as well, Kc. ; the same day is given to the parties aforesaid at the same place. If the pleadings are special, they shoi^ld be co» pied in their proper order, beginning each with 9 uew line. tcm, Chap. XXXI. (§2.) The like, of a term 3ul)se' quunt to tlie ^ccUrutioiu Z8STTK9. — — term, (the term of which issue is joined^) in the year of the reign of King George the Third. z. ;.i 5 Way. to wit. Be it remembered y that in 'term last past, (the term of which the declaration is intitled ; and if the issue be made up more than four terms after the declaration, instead of the words " last past," say " in the year of the reign of our lord the now king,") before our lord the king at Westminster ^ came A. B. by his attorney, and brought into the court of our said lord the king before the king himself then there, his certain bill against C. D. being in the custody of the marshal of the marshalsea of our said lord the king before the king himself, of a plea of tres- pass on the case upon promises; (or as the plea is;) and there are pledges for the prosecution thereof, to wit, John Doe and Richard Roe; which said bill follows in these words, that is to say : to wit. A. B. complaiss of CD. &c. (here copy the decla- ration to the end, omitting the pledges, and pro- coed on a new line as follows : ) And now at this day, that is to say, on * ■ next after in this same term, until which day the said C. D. had leave to imparl to the said bill, and then to answer the same, before our said lord the king at Westminster ^ come as well the said A. B. by his attorney aforesaid, as the said C. D. by his attorney ; and the said C. D. defends the wrong and injury when, Sic. and says, fiCc. (to the end of the pleadings, beginning each, if special, with a pew nsuEs. new line) : Therefore let a jury thereupon come, fiCc. (as before.) 189 Chat. XXXL ,,.ii term, (the term of vvliich the declaration (§ 3) Zl* is intitled,) in the year of the reign of ^^ ''^ ''^- '^. / King Gwr^«; the Third. to wit. C. D. was attached (or summoned) to answer A.B. &c. (as in the declaration, to the end). ■ ^\^.jp■ • v.-^ And the said C. D. by his attorney, comes and defends, Uc. (copying the pleadings in order) : Therefore it is commanded to the sheriflF, that he cause to come before our lord tlie king, on , ., ^ wlieresoever our said lord the king shall then be in England^ twelve, SCc. by whom, 6Cf. and who nei- ther, SCc to recognize, 5Cc. because as well, 5(f. ' term, in the year of the reign of (§ 4) ^ King George tYi^TUKA. SjSJ:f to wit. C. D. was attached (or summoned) to answer ^.^. &c. (as in the declaration, to the "* end). And the said C. D. by — — his attorney, comes and defends the wrong and injury when, 5(V. and prays a day thereupon to imparl to the said declara- a: i,,x j r ., tion of the said A. B. and it is granted to him, ^c. ? ' '" And upon this a day is given to the parties afore- said, before our lord the king, until whereso- ever, 5Cc. that is to say, for the said C. D. to imparl to the declaration aforesaid, and then to answer the same: At which day, before our said lord the king at r^ 1*: * ido Chap. XXXI. ', ISSt/Sf. at Westmmstn, Come the parties afoniaaici, by their attornies aforesaid; and the said C. D. says, ^c. (to the end of the pleas). And the said A. B. prays a day to imparl to the said pleas of the said C. D. and it is granted to him, ilu jf^ff^ hath sustained by reason of the premises^ ^ whereof the said parties have put themselves upon the judgment of the court, if judgment shall happen to be thereupon given for the said A. B. against the said CD. let a jury thereupon come, S(c, (or by o/-j]g^»>i'' 199 Chap. XXXI, ItlnintitV*, b<;- tvr^fii plttn aiid i°«|ilic'ution. I ,> TSSUES; pray a day to imparl to the siiid picn, niui then t« reply to the same, and it i.s granted in tlicm, Sic, and thereupon a day is given to thu parties afore- said, to come before our said lord the king at /fit't/- minster^ on next after (or by original, on wheresoever, i(c\) that is to say, for the said yf. B. and E, F. to imparl to the said plea, and then to reply to the sanve, &V. At which day, before our said lord the king at West minster ^ come as well the said //. B. by his attorney aforesaid, as the said C. I), by his attorney aforesaid ; and the said E.F. Cometh not: And hereupon the said /i.B. g'lvrs the court here to understand and be informed ihat after the last continuance of the plea aforesaid, and before this day, to wit, on at the said £. F. died, and the said yt. B. survived him ; which allegation the said C. D. doth not deny, but admits the same to be true : Therefore let no further pro- ceedings be had tii this cause, at the suit of tho said E. F, And as to the said plea of the said C. D. &c. (here go on with the replication.) other. (^ 14.) And hereupon tlie said master and keeper^, or .•^ujtgcstion wardens and commonalty of the mystery or art of ' lit one of the , . .1 . r' n • r ^1 siariffsisa braziers say, that E.r. esquire, now one 01 the party toth« 'sheriffs of the city oi London aforesaid, is master of suit, and award •' ' •f trfl/rc tothe the SEid compapy of braziers; and f • t)i;it reason, the said master and keepers, (&V.) nay t' ■ i/rit of our lord the king, to be directed r ■"■ . '.1. .squire, the other sheriff of the said city of London^ to cause to come before our lord the king at Westminster, twelve^ He. to try the said issue (or issues) abovo jc'ied bft'veei) tluj parties aforesaid : aiid becauso tlie 4' w ZIftVEs. 197 • tlic tiaitl C. D. doth not deny Mm; uiotr^mA nUega- tion of tiitt said master ni)d kct-per^ (^ 'r; '•'« O 3 And M\ r»*" i: I i I 198 Chat. XXXL (§ n.) Suggestion that the she- rift'isof kin to the defendant, and award of venhf to the coroner. XSStJES. (§ 18.) Su|»g«;stion that the rfhe- lifTs and ooro- nor are intc- rested, and award of ve- nire to elisors. And hereupon the said A, B. says, that — — now sheriff of the said county of is of kin, that is to say, brother to the said C. D. and for this cause the said A. B. prays a wTit of our lord the king of vtnire facias, to be directed to the coroner of the said county of : 3nd because the said C. D. doth not deny the aforesaid allegation of the said A. B. it is granted to him, &V. : Therefore it is com- manded to the coroner of the said county of , that he cause to come, iJ^c. {ante, p. 1S9.) • And hereupon the said A.B. says, that and ■ " ' -■■ now sheriffs of the city of Coventry zxxA county *f the same city, are bailiffs of the city of Cffventry aforesaid, and therefore parties to the matter afore- said above put in issue between him the said A, B. and the said C. D. ; and that now coroner of the said city of Coventry and county of the same city, is one of the said commonalty of the city of Co- ventrt/ aforesaid, and therefore likewise a party to the said matter above put in issue between the said A. B. and the said C. D. as aforesaid ; and the said A. B. prays a writ of our lord the king, to be di- rected to two discreet and indifferent persons, re- siding within the said county of the city of Coventry aforesaid, by the court here to be elected, to cause to come twelve free and lawful men of the neigh- bourhood of W. in the said county of the city of Cbst^n^ry aforesaid, to try the issue aforesaid above joined between the parties aforesaid: And because the said C, I), doth not deny the allegation afore- said ; therefore it is commanded to — — and , with the assent of the parties aforesaid, by the court here ISSUESi I9» here-elected and ruuned, that they cause to come, &ic. {ante J p. 139.) Chai*. XXXI. But because it is suggested and proved, and ma- (§ 19.) nifestly appears to the court here, that the said issue Suggestion for above joined between the parties aforesaid, cannot adjoining be fairly and impartially tried by a jury of the said tQwn and county of the town of — — ; therefore - let a jury, of the county of being the county * next adjoining to the said town and county of the town of ■ thereupon come, Kc. (or by original j it is commanded, ^c.) ,, ■,.. • ,, ,*.. .,i^ , And because the said issue (or issues) above join- (§ 20.) ed between the parties aforesaid, ought to be tried Award of ve. * , , . ""■'■ to the shc- by men of the next English county to the said riff of the next county of , and not elsewhere ; and because tj" whci^jTiie the county of is the next English county to veriuc is uid the said county of ; therefore let a jury of the said county of — — — thereupon come, 6st'. (or by original y it. is commanded, &c.) , ; i , . , . ,, . . And because tlie borough of ^cra'/cA' is a place (§21.) where the king's writ of venire facias to summon a ^f"' ^'"JP' jury to try the said issue, doth not run ; and because ^'>""f i>> laid the burgesses of the said borough, by reason of tlie ir w^on-Tiwd. privileges, ought not to be put upon any jury to try the said issue out of the said borough, but tlie said issue ought to be tried by a jury of the county of Northumberland^ which is the next adjacent county to the said borough of ^trwic^; which al- legations of the said are not denied by the said i therefore let a jury of the said county of O 4 Northmn- 1 'Wmi 1 m i:ffr ^;: 200 i nil Chap. XXXI. (§22.) Conclusion of issue, on a re- plication to a plea of nul tiel rworrfofajodg- ment, &r. in the samicoiirt. {\ 23.) The like, in a different court. (^ 24.) Conchision of issue, on a re- pfioalion of TVil tiel rurani of a judcnK'nt, kr. in the same nowi. KStJlS. Korthumherland thereupon come, tUc. (or by orit ^JWfl/, it is commanded, i^"*:.) ' tt r , That there is such a record, (fi^c.) as appears by the record thereof in term, in the year of the reign of our said lord the now Icing, in the roll ; and he prays that the term and roll aforesaid may be seen and inspected by the court of our saidrlord the king now here : And because the court of our said lord the king now here, are not yet advised what judgment to give of and upon the premises, a day is therefore given to the parties aforesaid, before our said lord the king at JVestmin^ sto't until next after , (or by original, until wheresoever, &"c. ) to hear the judgment of the said court thereupon ; for that the said court of our said lord the king now here are not yet ad-, vised thereof, &(c. And this he the said j4. B. is ready to verify, when where and in such manner as the court here shall direct and award. And hereupon the said A. B. is commanded, that he have the saijl record before our said lord the king at Westminster, on next after , (or by origifial, on wheresoever, i(c.) and that he fail not at his peril ; the same day is given to the said C. D. at the same place. ' • And this he the said A. B. is ready to verify , (STc. ) and because the court of our said lord the king now here will advise themselves, upon inspectionand ex- amination of the record by the said C. D. above alleged. ISSUES, ; . ^ * . . ■ alleged, a da^'is given to the parties aforesaid, lie- fore our said lord the king at Westminster j until . next after (or by original , until wheresoever, Uc, ) to hear the judgment of the said court thereupon ; for that the said court of our said lord the king now here are not yet advised thereof, Sic. 201 Chap. XXXI. And this he the said A. B. is ready to verify, (§ -^-^ {Uc.) (or, if the replication conclude with a veri- Jifl^Jcn*t court fication and prayer of judgment, and the defendant rejoin quod hahctur tale recordimiy *' And this he • the said C. D. is ready to verify, 5Cc.") And here- upon the said C. D. is commanded, that he have ' .- .» the said record before our said lord the king at Westminster J on next after (or by ori- ginal ^ on wheresoever, SCc. ) and that he fail not at his peril ; the same day is given to the said A. B. at the same place. ■ But because the court of our lord the king now (§ 26.) here, are not yet advised what judgment to give of Jemurrer*" "^ and upon the premises, a day is given to the parties ''°*^' aforesaid, before our said lord the king at Westmin- ster^ on next after (or by original^ on — — wheresoever, 5("<\) to hear judgment thereon, for that the said f ourt of our said lord the king now here, are not yet advised thereof, 5; *^f (><( >.0^ ,-f<. .■•;}';-»•; ^■I'-^'^f (§28.) Mr. E.F, "• . "' ■ • ■ •' . . ' Fn^tru^'k o* t' ^ hst^c stnick out the rejoinder, and left a demur- Mjoiudcr, &c. rer to the plaintiff's rcpUc£^tion in the office. , .'^ (5 S9.) J Rialf to entef tie iisue. V- / *'" »•" » C I). J ' !; ' ';•: B. *^ next after — — \b given to the pUin-^ . > tiff to enter the issue. ■■-■] » ' ;v Entered. (§30.) ^,B.^ Unless the plaintiff enters the issue on dmuirer."* ^' \ record, on r next after let the C. D.) same be entered on the part of th^ , defendant* •'!i • •■' A'.' -■, '' Entered. •j^ *■ ". I'.- I Knlrjr of isstu»> hy'hUl. As yet of term, (the term of which issue is joined) in the year of the reign of king George the Third. Witness Edward Lord Ellenbarough . • ' y to wit. A. B. puts in his place E. F. hi» attorney, against CD. in a plea of trespass on the case, (or of debt, &"c. as the plea is). to wit. C. D. puts in his place G. II. hi* attorney, (or if common bail was filed by the plain- tiff according to the statute, say *' The said C. D. in perfion,") at the suit of the said A.B, in the plea aforesaid. » .; to tSSUES. 203 • .- .^to wit. B^ it remembered y he,, (here copy tlie whole of the issue, to the end of the award of the venire facias ; and if the cause be not tried the same term issue is joined, or. in the vacation after that term, it is continued from term to term, as Chap. XXXL Cuiitinuiiiice of tliV venire, by viceco^ixrt 7ion misithreve, by .bill. At which day, before our said lord the king at Westminster f come the parties aforesaid, by their attornics aforesaid ; and the sheriff hath not sent the writ of our said lord the king to him in that behalf directed, nor hath he done any thing thereupon ': Therefore, as before, let a jury thereupon come before our said lord the king at Westminster ^ on next after by whota, He. and who neither, 4Cc. to recognize, i\C. because as well, &V. the £!ame day is given to the parties aforesaid at th« ^ame place. •■••'" '■^. ^:^- '-^ "^s^s ■« .t»' U' •..,, ^^r.- .; (Enter the warrants of attorney as by bill ; but in- stead of a memorandum , go on immediately with the declaration, as follows :) to wit. C, D. was attached (or surhmoned) to answer A. B. &c. (copying the whole of tlie issue as before ; and if the cause be not tried the same term issue is joined, or in the vacation after that term, the continuance is as follows :} At which day, before our said lord the king at (§ 34.) Westminster^ come the parties aforesaid, by their Coutinuanot^ • r -1 , , . . ^ , , , ot' the i-nurr, attornies atoresaid ; and the sheriff hath not sent the by vkecom,-,- writ of our said lord the king to him in that behalf ^^i^^'"' cirected, nor hath he done any thing thereupon : Therefore, (§3r,.) Entry of issn*', by original, ■J,- .;,,^^ I .; a04 nsvEs. XXXI. :;l II '(§ 35.) JTuf^gcstinn of *htt death of oof of several jplainttfTs or rfe/endants, af- ter issucjniiicd, and before trial. Therefore, as before, the sheriff is commanded, that h« cause to come before our lord the king on - » ■• wheresoever our said lord the king shall then be in England f twelve, Hie. by whom, Hlc. and who neither, ^c. to recognize, Uc. because as well, 5C king to him in that behalf directed, nor hath he done any thing thereupon : Therefore, as before, let a jury thereupon come, SCc. (or by original y it is commanded to the sheriff, 3<'c. ) ,yr,- .';>,' . .<.i (§ ^fi) The entry of E. F. gentleman, one, &'c. of the Locket-paper. ^^^^ ^f ^^ q^^ m jg_^ Middlesex, Issue joined in case, be- „.;, . ... tween A. B. plaintiff and CD. defendant, on a plea ^Roll — . of non assumpsit y (or as the case may he). •' . London. Issuejoinedindebt, beMveen A.B. plaintiff and CD. de- ••" •^'« •' fendant, on a plea of nil - L- " debet^ (or nori eit/aiiuyn). •' ' • - ' Surrey J *'* ./ issffes. If Surret/. Issue joined in irospass, be- " tween J. B. pUiintift" and C.l). defendant, on u plea VHoII- '. ' of not guilty, (or as the! ' case may be). • ' -^ 205 Chap. XWI. _:i — term, in the year of the reign of (n 37.) King George the Third. r*''^"'^'' '^'«*' to wit, Be it remembered, that on re^pcctins the iK'xt after in this same terra, before our lord ncy. the king at If'estmirister^ comes J. B. by his attorney, and brings into the court of our said lord the kingp before the kin^ himself now here, hiscer-^ tain bill against C. D. being in the custody of the marslial of the marshalsea of our said lord the king before the king himself, of a plea of trespass on the case upon promises ; and there are pledges for the prosecution, to wit, John Doe and Bu/iard Roe ; which said bill follows in these words, that is to say : to wit. y/. B. complains of C. D. being in the custody of the marshal of the marshalsea of our lord the now king before the king himself; for that whereas heretofore, to wit, on at a cer- tain discourse was had and moved by and between tlie said A. B. and the Said C D. ; and in that dis- course a certain question then and there arose, whether the said C. I), did on the day of 18 — or at any other time, receive for the use or on account of E. F. deceased, the sum of /. or any other and wliat sum of money ; and ihore- npou 20« Chap. XXXI. upon fierctoforfe, to wit, oh the said — — at - — • aforesaid, in consideration tlmt the said y/. B, at the special instance and request of the said C. J), had then and there paid to him the said C. J), the sum of five pounds of lawful money of Great Bri- fain, lie the said C. D. undertook and then and there faithfully promised the said y/. B. to pay him the sum of ten pounds, of like lawful money, in case he the said C. D. did on the said or at any other time, receive for the use or on the account of the said E. F. the said turn of /. or any other sum of money whatsoever : And the said A. B. in fact saith, that the said C. D. did on the said receive for the use and on the account of the said E. F. the said sum of /. to wit, at afore- said ; whereof the said C. D. afterwards, to wit, oni ihc same day and year first above-mentioned, there liad nt)tice: Nevertheless the said C. D. not regard- ing hij said promise and undertaking, so by him made in manner and form aforesaid, but contriving and fraudulently intending craftily and subtilly to deceive and defraud the said J. B. in this behalf, hath not as yet paid the said sum of ten pounds, or any part thereof, to the said A. B. (although often re- quested so to do) ; but he to do this hath hitherto ivlioll}- refused, and still doth refuse ; to the damage oi' tlie said A. B. of /. and tlierefore he brings his suit, 5s<:. And the said C. D. by his attorney, come» and defends the wrong and injury when, i^c. and says, that the said A. B. ought not to have or main- tain his aioresaid action thereof against him; be- cause he says, that thougli true it is, that such a dis- course ' istuts. 1 course was had and moved by and between the said A. B. and the said C. D. and that he the said C.I). did undertake and promise, in manner and form as the said ./. li. hath above in his xaid declaration in that behalf alleged : For plea in this behalf, tlie said C. D. saith, that he the said C. D. did not on the s^ill or at any otlier time, receive for the use or on the account of the said L\ F. the said sum of /, or any other sum of money whatsoever, in manner and form as the said A. li. hath above in his said declaration in that bclmlf alledgt'd ; and of this he the said C. D. puts iumself upon the country ; and the said A. B. doth the like : 'f herelore let a jury thereupon come before our lord the king at J\v.'stminster, on next after , by wlioni, Kc. and who neither, SsV. to recognize, i^c. because as well, 5Cc. the same day is given to tlie parties aforesaid at the saine place. ? :^ ., : ^' ^ v.; ,>*. . Chap. XXM. • '^ .- [ 208 ] CHAP. XXXII. XXXIIL ' ' ; There are no/onns re/erred to in these Chapters, »5J:-#i>fV •''./ .,)r .. CHAP. XXXIV. .•'T.f ) -;• \ ■■ Of PRocEEDiKcson IssuEs, triable hf the Country. (§ 1.) In the King^s Bcirch. Nbiice of trial, ill London. '•' , *4.B. plaintiff, and CD. defendant. Take notice of trial in this cause, for the sittings within (or, for the sittings after) this pre- sent term, to be ho)den at the Guildhall of tlic city oi London. Dated, (5(c.) Yours, ^c. E. F. plaintiff's attorney. To Mr. G. H. defendant's attorney. (§ 2.) If in Middlesex y say, " to be holden at IVestmin- The like, in it ster-hall. in the county of Middlesex.'^ Middlttex, ' •' (§3.) If at the assizes, " for the next assizes, to be The like, at the " held at in and for the county of ." assizes. .^ , Take PROCEEDINGS ON ISSUES, &C. 209 fake notice, that the issue joined in this cause Chap. between the above-named plaintift' and the above- XXXIV, named C. J), will be tried at the sittings, S£c. (or (^ *•> next assizes, ^f.) and that the jury who try the ,„!d uMeMmiut issue, will at the same time assess the damages against „*^jfj|"|fff,*J *' you in this cause, upon the judgment by default, wiio has let ; . . . judgment go Dated, (^f.) ^ "^ r, ».,,., .f v?f^>' by delault. Tour's, Sfc. , ^ > i £. F. plaintiffs attorney. To Mr. 6'. //. Take notice, that this cause will be tried at the (j 5.) bar of the court, on at JFestmimtcrJiallf in the Notice of trial at bar. *• iionnty oi Middlesex. Dated, (SCc.) '^'' •■ ■ '"•=■•' Your's, «Cc4 ; ■' Take notice, that the plaintiff intends to proceed, (§ 6.) after the end of the ensuing term, by giving notice '^i'™'* »o*'ce of trialin this cause. Dated, (SCc) *- Your's, &(c, vi^ 1 do hereby continue the notice of trial given yotl (§ 7.) in this cause, to the sitting after this present — —— Notice of con- term. Dated, {S(c.) Your's, fiCc. I do hereby countermand the notice of trial given (§ 8.) Tou in this cause. Dated, (8(f.) ,,, Notice of coun- ' ^ ' termand. '■ ' , "■^'■-'- ' Your's, y^c, ' -'-:• '; In (ill.) Afl\(lavitof de- iiiand and re- fusal of CUEtS, when payable to the attur> aey.. PhOCEEDINOS ON ISSUES, f'4»v .• '.' '' ' ^, /?. plaiiitiflT, In the King*s Bench. and C. D. (U'tVnclant. G.H. of maketh oath and saith, that this action was commenced in term last, and that in term following issue was joined, and notice of trial given thereon for the sittings after the said term (according to the fact) : And this deponent further saith, that the above-named plaintifT did not proceed to the trial of the said action, nor counter- mand such notice. . Sworn, (5Cf.) G.IL A. B. N Upon reading the a/Hdavit of it is or- V, ^ dercd, that the attoniics of both ])arties C. D. ^ shall attend the Master, and he sliall ex- aitiine the matter, and tax the defendant his costs, for thfit the plaintiff hath not proceeded to trial pur-> suant to his notice ; which costs when taxed shall be paid by the plaintifT, if it shall appear to the Master that costs ought to be paid. Upon the motion of Mr. . In the King's Bench. A. B. plaintiff, and C. D. tlefendant. G. H. of and C. D. of severally make oath and say ; and first, this deponent G. H. for him- self saith, that he did on the day of last, personally serve the above-named plaintiff with a true copy of the rule, and the Master's allocaliir thereon, hereto annexed, and at the same time iihewed him the said original rule and allocatur; and . I uiiitifr, nd .tVndant. tliat thii ami that ud notice the said deponent ,(T did not r countci- TRIABLE BY THE COUNTRY. and that he this deponent then demanded of him th« costs allowed !• the Master on the said rule, but that the said plaintiflPdid not then, or at any time iince, pay the same to this deponent, and the same now remain unpaid to him: And this deponent C. D. for himself saith, that he hath not received the said costs, or any part thereof , but the same now i;>emain due and unpaid to tliis deponent. I * ^.. i.-\ Sworn, (i^f.) o> (■.t *'■ '• ' •■ :- i ^.•• G.ir. ■/■irV: '"it V', "r ■ CD. L.r^-'." t .'ftiWi V.t •\ 1 vi ••' 2U Chap. XXXIV. — it is or- oth parties e shall ex- t his costs, o triid pur- cd shall be the Master ; motion of plaintiff, and tlefendant. ,'crally make //. for liini- day of - plaintiff with ter's allocalnr e same tiuic nd allocatur, and CD.) Let there be a record of nisi pfius by pro- (§12.) visOf if the plaintiff shall have made Kuiefortriki default. . ''^''"'~- Entered. ■t ^ ^ A. B. plaintiff, (§13.) In the King^s Bench. , gud Notice of mo- n n A c A \ tionforjudg- L.D. aetendant. mentaiincaie Take notice, that this honourable court will be ''^ * "»«»""•*• moved on or so soon after as counsel can be heard, that the hke judgment may be had for the defendant in this causf, as in the case of a nonsuit, pursuant to the statute in such case made and pro- vided. Your's, 5Cc. ■• '■ G.H. defendant's attorney. To Mr. .fi*. /: plain- ,, ,. 1 tifTs attorney. . ' , .,^ , P 2 In 215J Chap. - . _ . XXXIV. In the King's Bencli. (§H.) . ■: Affidavit for C 1-t f judgment as in ^- -"* ®' Proceedings on issues, • '! • A.B. plaintiff^ '-'^-' ^' and .; •^^;; I>:!) .' (7. Z>. defendant, attorney for the defendant in this case of a nOD< suit. (§ 15.) Rule of court cause, maketh oath and saith, that issue was joined in this cause, in term last past, and notice of trial given for the sitting in (or for the sittings after) the said term (or for the last assizes holden at in and for the county of ) ; and that the said plaintift' did not proceed to the trial of this cause, pursuant to the said notice. G.H. - Slvom, {9^r)''-' ■. 'i'- . . .;c .:, : ;c : The affidavit, if made after the second term ir* town, or next assizes but one in the country, need not state the notice of trial. .:ii''i.^Ai ■ -u '^■:- A. B. V Upon reading the affidavit of and the V. \ entry of the issue on record, it is ordered C. t). ' tliat the plaintiff, upon notice of this rule to be given to his attorney, shall upon shew cause, why the like judgment should not be given for the defendant as in the case of a nonsuit, pur- Huant to the statute in such case madeand provided.^ Upon the motion of Mr. . .■*i' 0- § 16.) Ill the King's Bench A. B. plaintiff, ■^'^''■' ' axtd C. D. defendant. attorney for the defendant in this suit, after a pe- c^use, maketh oath and saith, that this honourable remptory un- ' dertaking. court was moved in last — — term, for judgment as > . in Affidavit for judgment as "n case of a non- G.ILoi •4 . J afiw^ TRIABLE BY THE COUNTRY. in case of a nonsuit ; and upon shewing ca,use, the plaintiff peremptorily undertook to bring on the said issue to be tried, at the sitting within this present term ; whereupon the annexed rule was made : And this deponent further saith, that the plaintiff hath not proceeded to the trial of the said issue, in pursuance of his said undertaking. G.ff. fiwovn, {S(c.) . •:, , . •■•;^' ' i .. j.i .' 213 Chaf. XXXIV. In the King's Bench. yi.£. plaintiff, (§ n.) . and Notice of mo- tion to put oft' C. Z>. defendant, atrial, for the Take notice, that this honourable court will be witnew. moved on or so soon after as counsel can be heard, that the trial of the cause may be put off until next term, on account of the absence of a ma- terial witness on the part of the defendant ; and in the mean-time all further proceedings be stayed. Your's, SCc. G. H, defendant's attorney. To Mr. E. F. plain- tiff's attorney. In the King's Bench CD. of A, B. plaintiff, (§ is.) 1 Affidavit in &na support there- C. D. defendant. «f- 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 tlie sittings after) the said term : And this depo- nent further saith, tliat E. F. late of is a mate- P 3 rial 214 Chap. XXXIV. PROCEEDINGS ON ISSUES, &C. rial 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 testi- mony 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, H^c. (stating the nature and re- sult of the inquiry made after the witness, and the time when he is likely to attend). Sworn, (8C • lands tenements or rents, by whom the truth of "' the matter may be the better known, and who are > in nowise of kin either to ^. B. the plaintiff, or to C. D. (inserting his addition, by original) the de» fendant, to make a certain jury of the country be- ^i tween the parties aforesaid, of a plea of trespass on tlie case (or as the action may be), because as well the said C. D. as the said A.B. between whom the matter in variance is, have put themselves upon that jury ; and have there then (or by original, " have there") the names of the jurors, and this writ. Witness Edward Lord EUenborough, at Westmiji- ster, the day of (the first day of the term in which the venire is returnable,) in the year of our reign. , . , ., .. y , ' > Way. (As in the former writ, to these words, " to (§3.) make a certain jury of the country between the The like, where •' •' •' one defemlaiit parties aforesaid," and then as follows:) as well to pleads, and an- try the issue joined between the said A. B. and C. D. J|jJ,^[ g^^ by dw* • of fault. 218 JURY-PROCESS. Chap. XXXV. of a plea, of trespass on the case (or as the action may be), as to inquire against the said E. F. what ' damages the said A. B. hath sustained, as well by means of the not performing of the said promises and undertakings of the said E. F. as for his costs und charges by him about his suit in tills behalf ex- pended ; whereupon it hath been considered, that the said A. B. ought to recover his damages against the said E. F. because as well the said C. D. as the said A,B. between whom, S(c. (as before). ^ (5 4.) as well to try the issue joined between them, The hke.w here ^^ ^^ in^A by the countv, of a plea, i^c.) as to in- there are seve- •' -^ ' i ■> \ j rai issues, in quire what damages the said A. B. hath sustained fact and in lav, . „ . . , _ , . , and the jury on occasion 01 the premises, whereof the said par- «reto assess ^jgg \\'Si\fe, put themselves upon the iudcment of the contingent da- ~ r J o mages on the latter. upon for the said A. B. against the said C. I), be- court, if judgment shall happen to be given there- upon for the said A cause as well, (&Cf.) (§5.) George the Third, {^c.) To the sheriff of } en.ie de novo, greeting : We command you, that you cause to come anew before, SC. defend- ^ ant, of a plea of trespass on the case, we send you inclosed in these presents; commanding you, that by our writ under the seal of our said county -pala- tine duly to be made out, you cause the said record to be sent to the mayor of the city of Chester and county of the same city, commanding tlie said mayor, that for trying the issue in the said record specified, tiie said mayor do command the sheriffs of the same city of Chester and county of the same city, that tliey cause to come before the said mayor, ' . at a certain day and place by the said mayor to be appointed, after the said record shall be delivered to him, twelve free and lawful men of the body of the city aforesaid and county of the same city, each of whoni,5(c. by whom, S^c. and wiio arc in nowise, 5(f. to recognize, Uc. because as well, 5(c. and lastly , that ; " the WITNESSES. tlic •niil nmyor make such further process against the suidjurursjso tobuiinpunnellod between the said par- ties, as according to the law uiul custom of the said city and county of the same city is in this behalf used and conmionly made, until the issue aforesaid between the parties aforesaid siiall be fully tried ; and when the verification and issue aforesaid shall have been there made and tFied, tlien the said mayor shall send to you the said record of the plaint afore- said, witii every thing that shull have been then and tiicre done and tried before hini therein, so that you have the said record before us at WestmitisttVf and this writ, at a certain day which the said mayor shall appoint to the said parties to be in our said court here, to hear judgment. Witness Edward Lord Elknborough, (&c.) • „^. j^- , '., ; .^ . ], , ^ 2J25 CllAP. XXXV. !:«) ^> 'i', ,1 .'rniV 7^1 ,t!! to wit. Sn^parna to testify, between A. B. (§ 15.) plaintiff and CD. defendant, on the part of the ^^^;''^^;>' f^'^"*" plaintiff (or defendant). ^^ _^ ^ E. F. attorney. , 11 "j ■ka.— . George the Third, (.VV.) - To E. F. (&c.) greet- (§ 16.) ing: We command you, that laying aside all i' iid ^"*/'*'"'' singular businesses and excuses, you and every of you be and appear in your proper persons, before our right trusty and well-beloved Edwuid Lord Elknborongh, our cliief-justice assigned to hold Q, pleas Um In ; I 226 Chap. XXXV. (§ 17.) Suhpcena- tiokot. , ! WITNESSES, pleas in our court before us, at the Guildhall of the city of London^ (or in Middlesex^ at Westminster' hall in the to the day of trial, and then proceed as follows:) S^"'*^* ^nd also that you bring with you and produce, at the time and place aforesaid, a certain deed or in- strument in writing, bearing date, Kc. (describing; the thing to be produced,) then and there to testify and shew all and, singular those things which you or either of you know, or the said deed or instrument doth import, of and concerning a certatQ cause now depending, SCc. (as before). In the King's Bench. A. B. plaintiff, ' and (5 m Affidavit to obta tain habeat cor- C. D. defendant, pus ad testifi- candum. A. B. of the above-named plaintiff, maketh oatli and saith, that E. F. now a prisoner for debf, in custody of the marshal of th?s court, (or as the case may be,) is and will be a material witness fot this deponent, at the trial of this cause : And this deponent further saith, that he is advised and Verily believes, that he cannot safely proceed to the trial thereof , without the testimony of the said F. F. and that he the said E. F. is ready and wiUing to attend as a witness at the trial of the said cause. j»i '■;**) -_'. Sworn, (5fc.) Q2 A.B, IIahea$ 22B Chap. XXXV. (§ 20.) Pnetipe for same. WITNESSES. - • ■' - Habeas corpus to testify, between A. B,. plaintiff and C. D. defendant, on the part of the plaintiff (or defendant.) E. F. attorney •—-18—. '(' ' h i (fSl.) Habeas corpus ad testificandum. »••.'■, George the Third, [Kc.) To the marshal of our prison of the marshal^ea, (or the officer in whose custody the prisoner is,) greeting: We command you, that you have the body of E, F. detained in cur prison under your custody, as it is said, under safe and secure conduct, before our right trusty and well-beloved Edward Lord Ellenboroiigh, our chief- justice assigned to hold pleas in our court before us, utthe Guildhallj kc. (as in the subpcena,) on the day of next,by of the clock in the forenoon of the same day, then and there to testify the truth according to his knowledge, in a certain cause now depending in our court before us, and then and there to be tried, between A. B. plaintiff and C. D. defendant, of a plea of trespass on the case (or as the action is), on the part of the said A. B. (or the said CD.) and immediately after the said E.F. shall then and there have given his testimony before our said chief-justice, (if in town; and if in the country, before our said justices,) that you return him the said E. F. to our said prison, under safe and secure conduct ; and have there then this writ. Viitn^s^ Edward \uOxdi Ellenboroughf{kQ.) • (§ 82.) Interrogato- ries for plftia- tiff. Interrogatories to be administered to E. F. a witness to be produced sworn and examined, on the part and behalf of A. B. plaintiff, in a certain cause n WITNESSES. 229 iix)W depending in his majesty's court of King's Bench at /rt'^/mt/w/er, against CD. defendant, be- fore one of his said majesty's justices of tlje same court, pursuant to a rule of the said court, made on next after — r-in the year of the reign of king George the T^Hird (or if under an or- der, say, *' pursuant to an order of the said justice. made the day of 18—. .;«^i.* ^..t^iii^ * -H Chap. XXXV. Imprimis. Do you know the parties, plaintiff and defendant, in the title of these interrogatoiries named, or either and which of them, and how long' have you known them, or either and wliich of them ? Sec ^- J. Look upon the deed or >vriting now produced and shewn to you, at this the time of your examination, marked with the letter (A), and pur- porting to be an indenture of lease, (S(c.) bearing date, {Ssc.) Was such deed or writing sealed and delivered in your presence, and by whom ? Were you a subscribing witness to the sealing and deli- very thereof? And- is the name £. F. indorsed thereupon, and appearing as the name of one of the witnesses, of your own hand-writing ? Do you know theliand-writing of G. II. appearing to be the other witness to the said deed or ^vi'iting ? Is the name G. II. indorsed thereupon, of the proper hand- writing of the said G. II. ? And did you see him set and subscribe his name as a witness thereto ? De- clare, S("c. Lastly. Do you know of any other matter or thing, or have you heard, or can you say any thing touching the matters in question in this cause, that Q 3 may ^^K » ^^^H W '^ttV ^m ;K»f 'flpw ■■!»■ 1-1 1 ■ll' al :|i ' 'I f! 111 liri : "■! ; I i'- III |l| II iHi ill It ; '{III ilEllii 'illui!,|;||!l ill! I'll ! 230 WITKESSES. Chap. may tend to the benefit and advantage of the said XXX\' * plaintiff, besides what you have been interrogated unto ? Declare the same fully and at large, as if you had been particularly interrogated thereto. (§ 23,) iNTfiRROoATORiEs to be administered to J^. F. a Jcfen^'t*"'^ witness to be produced, sworn and examined, on the part and behalf of C J), the defendant, in a certain cause now depending against him, iu his majesty's court 6f King's Bench at Westminster^ at the suit of .<^.-ff. plaintiff, before, (iJTc.) , . (§ 2*.) tNTERROGAtokiEs to be administered, by way of The like, t* crGss-examination, to E. F. a witness, {i^c) cross-examine a witness. , , . \ r i;.'-^ ' \^;i. '•'■' ■ ,.1- -S .,^^.'- ■; \ ;\.;^>i\ V,, ( . ^ > .. • I i ' ', [ 231 3 . '.- ^r«;-5 -l-'S ■:•.'- ' - '{'■ '. •■?#*-I-- .vw'*' ' ^-'''^' CHAF. XXXVL Of Arbitration. London, to wit !'} At the sitting of nisi pn'us, held at Guilds ^§ '-^ /w// in and for the city of London, on ^^^.J^^ j^^ ^^^^ the day of — in the year P' of our Lord 18 — , and in the year of the reign of our sovereign lord George the Third, now king of tlie united King- dom of Great Britain and Ireland, &,c. before the right honourable Edward Lord Ellenboroiigh, chief-justice of our lord the king, assigned to hold pleas before the king himself: It is ordered by the court, by and with the consent of tiie plaintift' and defendant, C. D. ^ their counsel and attornies, that the last juryman sworn and impannelled in this cause, be withdrawn out of the panel, and that all matters in difference between the said parties, be referred to the award, order, arbitrament, final end and deter- mination of, (3Cc.) so as he shall make and publish his award in writing, of and concerning the premises in question, on or before the day of terra now next ensuing ; and that the said parties shall and do perform, fulfil and keep such award, so to be made by him the said arbitrator as aforesaid : Aiid Q 4 it rius. A. B. -x CD.) ^V2 ARBimATIOK. Chap. XXXVI. ! !i I 1f.lt it is also ordered, by and with such consent 9h aforesaid, that the costs of the said cause shall abide, t event and determination of the said award, and 1 . i^' .c costs of the said referer.ce shall be in the discretion of the said arbitrator, who shall direct and award by whom, and to whom, and in what manner the same shall be paid : And it is likewise ordered, by and with such consent as aforesaid, that the plaintiff and defendant respectively shall be ex- amined upon oath, to be sworn before the said lord chief .ustice, or some other justice of the same court of our lord the king before the king himself, if thought necessary by the said arbitrator; and do produce before the said arbitrator, all books, papers and writings, touching and relating to the matters in difference between the sf id parties, as the said arbitrator idiall think fit ; and that the wit-, nesscs of the plaintiff and defendant respeetively shall be examined upon oath, to be sworn before tlie said lord chief-justice, or some other justice of tlie same court of our lord the king before the king him:ielf : And it is likewise ordered, by and with such consent as aforesaid, that neither the plaintiff nor the defendant shall prosecute or bring any action or suit, in any court of law or equity, against the said arbitrator, or bring or prefer any bill in equity against each other, of and concern- ing the premises in question so as aforesaid re- ferred: And it is further ordered, by and with such consent as aforesaid, that if either party shall by affected delay, or otherwise, wilfully prevent the said arbitrator from making an award, he shall pay such costs to the other, as the said court of our ARBITRATI0I<7. 2:53 «ur said lord the king before the king himself Chap. shall think reasdhable and just: And lastly it is XXXVI, ordered, by and with such consent as aforesaid, that the said court of our said lord the king before the king h-.nself may be prayed, that this order may be made a rule of the same court. yr^' ' . . f • > Know all men by these presents, that I C. D. ik 2.) of am held and firmly bound to^. J?, of , bjifjl^i^^;;. in pounds of good and lawful money of Great ference to two, Britain, to be paid to the said A. B. or his certain umpirage, attorney, executors, administrators or assigns; for which payment well and truly to be made, I bind myself, my heirs, executors and administrators, •firmly by these presents: Sea*^ .vith my seal. Dated tlic day of , in the year of the reign of our sovereign lord George the Third, by the grace of God, of tlie united kingdom of Great Britain and Ireland king, defender of the faith, and in the year of our Lord 18 — . • •' The condition of this obligation is such, that if the above-bounden C. D. his heirs, executors and administrators, and every of them, do and shall, for his and their part and behalf, in all things well and truly stand to, obey, abide, observe, perform, fulfil and keep the award, order, arbitrament, final end and determination oiE. F. of , and G. IF. of , arbitrators indifferently named, elected and chosen, as well by and on the part and behalf of the above-bounden C.D.sls of the above-named //. B. to arbitrate, award, order, judge and deter- mine, of and concerning all and all manner of action . and 234 ARSITRAttOK. '! : CH\r. And actions, cause and causes of action, st]it», XXXVI. bills, bonds, specialties, judgmcntH, executions, exteiHs, (juarreU, controverytes, trespasses, da- mages and demands whatsoever, both at law and '> in equity, at any time or times heretofore had, made, moved, brought, commenced, sued, prose- cuted, done, suffered, conunitted or depending by and between the said parties, so as the said award ■ '. ': be made in writing, on or before the day of _— now next'cnsuing ; but if the said arbitrator* do not male e such their award, of and concerning the premises, by the time aforesaid, then if the said C. D. his heirs, executors and administrators, do and shall, fpr his and their p^'t and behalf, in all things well and truly stand to, obey, abide, ob- serve, perform, fulfil and keep the award, order, arbitrament, umpirage, final end and determlna^ tion of /. K. of a person indifferently named and chosen as an umpire between the said parties, of and concerning the premises, so as the said um- pire do make his award and umpirage in writing, of and concerning the premises, on w before the day of now next ensuing ; then this obligation to be void, or else to remain in full force and virtue : And the said C D. doth consent and agree, that his submission to the award or umpirage above-mentioned, shall be made a rule of his ma- jesty's court of King's Bench at Westminster , pur- suant to the statute in such case made and pro- vided. Sealed, {Kc.) ' ' I» ARBITRATION. Hih I, stiit», >cution»y se», da- law and •orp had, 1, pTose- ■nding by- aid award - day of irbitrator* ancerning len if the nistrators, behalf, in abide, ob- ird, order, determina'- itly named id parties, e said um- in writing, or before ;; then this in full force lonsent and sr umpirage of his ma- linstery pur- le and pro- In the Kings's Bench. £. F. of makctli oath and sailh, that he Chap. XXXVI. was present at the time of signing and sealing the j^^mA .! f^y^ bond or obligation hereutito annexed ; and that due executiou C D. of therein-mentioned, did duly sign, seal, and as his act and deed deliver the said bond, in the presence of tliis ueponent ; and that the name C. D. set and subscribed to the said bond, is of the proper hand-writing of the said C. D. and that the name E. F. set and subscribed as the witness thcre-^ isif is of the proper liand-writing of this deponent. .... . .-... E.F. Sworn, (STr.) ,- > . ■ ,. thereof. In the King's Bench. E.F.oi- in and C. D. of ■■■ — 18—. And this , , , « " ■ ■ ' " :• ' , ' Affidavit of the maketn oath and saith, that he this due executiou deponent did see J. K. of sign, seal, publish ®^*^*'*^* and declare his final award and arbitrament writing, between A.B. of — bearing date the day of deponent further saith, that the name /. A", set and subscribed to the said award, as the party executing the same, is of the proper hand-writing of the said J. K. and that the names E. F. and G. H. set and subscribed thereto, as witnesses attesting the exe- cution of the said award, are of the respective haud-writing of this deponent andtlie said G. H. E,F, Stt'orn, [K\\) In I ! •I! ^ii li ii 236 Chap. XXXVK (§5.) Affidavit of de- mand and rc- fiisal, &r. to ground attach' ment. ,. ARBITRATION. In the King's Bench. • .r^^ '^v>, ', - h ** J fit A. B. of • makcth oatli and saith, that he this deponent did on tlie day of last, jK'-r- sonally attend from the hour of until the hour of in the forenoon of the same dav, at (the time and place mentioned in the award,) for the purpose of receiving tlie sum of /. awarded to this deponent, pursuant to a certain award in writing, which is hereunto annexed ; but the said C D. did not attend at the time and place afore- said, or pay to this deponent the said sum of /. or any part thereof: And this deponent further saith, that on next after in this present term, the submission of this deponent and the said C. D. to the said award, contained in a certain bond or obligation, bearing date the day of 18 — , was made a rule or order of this ho- nourable court ; and tiiat he this deponent did on the dajr of last, personally serve the said C. D. with a true copy of the said rule or or- der and award, and at the same time sliewed him th6 said orij^^inal rule or order and award, and de- manded of him the payment of the said sum of -I. so awarded to this deponent as aforesaid ; but the said C. D. did not then, or at any time after- wards, pay the same, or any p:irt thereof, to this deponent, and the said sum of /. now remains wholly due and owing to tliis deponent. A.D. - .Sworn, (5^1'.) • ' \ii ARBITRATION. 937 In tlic King's Bench. and Uxed costs. A. B. plaintiff, Chap. and XXXVI. C. D. defendant. (i 6) A.B. of tho plaintiffintliis cause, maketh JumHiaVj'S^" oath aud saith, that he this deponent on the Hiiy of last, personally served the above-named defendant, with a true copy of the rule and allocatur y and also a true copy of the award iiereunto an- nexed, and at the .same time shewed him the said original rule, allocatur and award, and demanded of liim the payment of the sum of — — /. awarded to this deponent by /. A', of the arbitrator named in the said award, and also the payment of the sum of /. for the costs allowed to him this deponent in the said cause; but the said defendant refused to pay the same, or any part thereof , and the said sums of /.and /. still remain wholly due and owing from him the said defendant to this deponent. ' ■ • '\ .]:;-..U- ^•:.- :■: ■' ■ A. B Sworn, (STc.) ■ ,.;;..; ;. ? ' ' ' ,*"t 'I, fc I , ,r '.V . J •!.! '; ' * "w ■■'*--jJ/ 1 U''.'V , a: ■■■ 1 . 't'_ • 4' ■J M- i.-i. \ . : ii:: ."• \ h' • t '. 1 o:?/ .A i K ..' JU :; ■' .•_- '; ..ai» 1 ■! ,^ .',->]/• '■■ - '■' !• (• ■ ' <^,'rn::' ■ 1 :.,' ^u- •'•-•..; jh '■ ' ■/ *■ ; . n » '.•:»• ' )*>j'' .'.>^ 'iiU ,b [ 238 ] ; CHAP. XXXVII. Of Trials hj/ thi: Country, and their Incidents. Pnstri] for the pliiintift', on voti-nstum\uit , in a fown- rausf, where fh«^ dufendunt mukcs dtfuult. jlFTERWARDSy that is to say, on the day and at the place within-contained, before the riglit ho- nourable Edward Lord ElUnborough^ the chief- justice within-mentioned, IVilliam Jones esquire being associated unto the said chief-justice, ac- cotding to the form of the statute in such case made and provided, comes the within-named A, B. by his attorney within-mentioned, and the within- named C. D. although solemnly required, come* not, but makes default ; therefore let the jurors of the jury, whereof mention is within made, be taken against liim by his default : And the jurors of that jury being summoned, also come, who, to speak the truth of the matters within-contained, being chosen, tried and sworr . say upon their oath, that the said C. D. did undertake and promise, in man- ner and form as the said A. B. liath within com- plained against Iiim ; and they assess the damages of the said A. B. on occasion of the not pcrfoi*ming the promises and undertakings within-mentioned, over and above his costs and charges, by him about his suit in this behalf expended, to /. and for those costs and charges to forty shillings : There- fore, {i^c.) After- POSTF.AJ. 9)9 day and right lio- iie chief- r esquire slice, ac- ase made A. B. by e within- ;d, come* i jurors ot , be taken ors of that , to speak led, being oath, that e, in man- ithin com- B damages lerfoi-miiTg mentioned, him about — -/. and gs: There- Afioumih^ that is to say, on the day and at the Chap. place within contained, before tiie right honourable XXXVlI. luinvrd Lord Ellenhoroitgh. the chief-justice _^ f,^ *'\ " • 1 • Th« Uk.c,wher^ within-mentioned, William Jones escjuire bemg the dvtcadant associated unto the said chief-justice, according to •ft'*''*"" the form of the statute in sucli case nuidc and pro- vided, come as well the within-natncd A. B. as the within-nained C. D. by their respective attornies within-mentioned; and the jurors of the jnry^ whereof mention is withiii made, being summoned, also come, who, to speak the truth of the matters * within-contamed, being chosen, tried and sworn, •ay upon iheir oath, Kt\ (as before). ""^ ' JfferuardSj that is lD say, on the day and at tlic (5 '^ plnce within-contained, before the right honourable a/a/w. '^*^' I'jdxiHit'd Lord FAIenborougky the chief-justice with- in-mentioned, JVilliam Jones esquire being asso- cittled unto the said chief-justice, according to the form of the statute in su<:-i-- tion is within made, be taken against him by ins d«ifault: And the jurors of that jury being sum- moned, some of them, that is to say, E. F. &c. (here name such of the jurors as appealed at the trial,) come, and are sworn upon that jury , and be- cause the residue of the jurors of the same jury do not appear, therefore others of the by-standers, being chosen by tlie sheriflFof the county aforesaid, at the request of the said A. B. (or C. D.) and by the .:',f '■..AX , / l;'ij t •. 240 POSTEAS. ■i ill II f'.i Chai*^ *^i^ Gommand of the said chief-justice, (if in London XXXVII, or Middlesex; if at the assizes, " hy command of the said justices,") are appointed anew, whose "' names are annexed to tlie within- written panel, ac- ,' cordinsj to the form of the statute in tliat case made and provided; which said jurors so appointed anew, tliat is to say, G. 11. &c. (naming the tales-men) being called, likewise come, who, together with the suid other jurors before impanelled and sworn, being chosen, tried and sworn to speak tiic truth of the matters within-contained, say upon their oath, that the said C. D. did undertake and promise^ fisV. (as before). ... » " ^ ... asii/cs. (§ 4.) jiflerzmrdsj tliat is to say, on the day and at the The like, !it the place within-contained, before one of the justices, {Kc.) and one of the barons, (5<* ;^>i> 942 POSTEAS. Chap. ties, next to come, to be before the said lord XXXVII. the king, to hear judgment, ^c. ■ .-u (§ 6-) JftemmrdSf that is to say, at the session of Chester y Jo'lintySiya*.*** held at Chester m the county of Chester, in the com- tine of Cluster, mon-hall of pleas of the said county, upon the day of in the year of the reign of our sovereign lord (Cr^o;;^e the Third, by the grace of God, of the united kingdom of Great Britain and Ireland km^y defender of the faith, before the honourable ■ the said lord the king's chief justice of Chester, and Francis Burton esquire, the said lord the king's other justice of the said county, being the next session for the said county after the within-written record was delivered to the said justices here, comes the within-narticd A. B. by ■ his attorney, and prays a writ of the said lord the king of causing to come before the said justices, npon in this ^ same session, twelve, Kc. by whom, 6(c. and who neither, 5Cc. to recognize, ^c, because as well, 5Cc. the same day is given to the parties aforesaid here, S^c. upon which same before the same justices here, come as well the said A. B. by his attorney, as the within-named C. D. by his attorney ; and esquire, sheriff of the said county, doth now return here the said writ of causing to come, to him ih form aforesaid di- rected, together with a panel of tlie jurors' names to.that writ annexed, in every thing served and executed; and the jurors thereupon impanelled, being required, none of them came; therefore that jury was respited until next in this session, for defect of jurors, S^c. Therefore it is commanded to POSTEAS. 24'd to the sherifFofthe said county, that he then have Chap. the bodies of the jurors aforesaid, &V. the same day -^^^Vil, is given as well to the said A. B. as to the said CD. here, iSf. upon wluch — ^ — before the same justices here, coine as well the said A. B. by his said attorney, as the said C. /). by his said attorney ; and the said sheriff now returns here the said writ of having the bodies of the jurors aforesaid, to him in form aforesaid directed, together with a panel of the jurors' names to that writ annexed, in every thing served and executed ; and the juroi^s there- upon impanelled, being required, that is to say, jfi". /% G. //;, (&c.) do come, and being chosen by ballot and sworn, according to the form of the statute in that case made and provided, upon their oath say, (iCf.) Therefore the said justices prefix to the said parties, to be before the king himself at Westminster, on then and there to hear Judgment. . \ Jftcrmrds^ at tiic court of our lord the king of (§ '?•) Poflmote oi the city of Chester, held at the same Theiiko intue '' ' city 01 Lhsih'r, City, in the common-hall of pleas there, accordino- to the use and custom of the same city hitherto ob- tained and used, from time whereof the memory of man is not to the contrary, upon the day ot ■ in tile year of the reign of the same lord the king, before esquire, mayor of tlie said city of Chester, being the next court of Port-, mote after this writ was dc'livered, here cometh tlie said A. B. by his attorney, and prays the said lord the king's writ, to the sheriff of the said city of Chester to be directed, to cause to come before the ^*2 aaid , '/ ii.,j ,1 lift \' 244 POSTEAS. Chap. xxxvir. .ill: il (§8.) The like, on nun assiimiifit, bv oiu' of se\e- ral tlt'fi:ndaiits, whiTe another has U-t judj;- iiiciit no by de- fault. said mayor, twelve free and lawful men of the said city, to try the said issue; and it is granted unto him, returnable here at the next court of Portmote. pf the said city of Chester y at the said city in the said conntior hall of pleas, before the mayor of the said city for the time being, to beheld by adjourn- ment upon the day of — — in the same year : At which next court of Portmote of the said city of Chester J held at the same city, in the said common-hall, upon the said day of in the same year, before the same mayor of the said city here come as well the said ul. B. by his said at- torney, as the said C. D. by his attorney ; and and sherifls of the said city of Chester y now return the said writ of venire facias ^ lo them in form aforesaid directed, together with a panel of the jurors' names to that writ annexed, in every thing served and executed ; and the jurors thereupon im- panelled being called, to wit, E.F.y G. H., (&c.) do come, who, to say the truth of the premises being chosen, tried and sworn, say upon their oath, {'i(c.) And hereupon the said esquire, mayor of the said city, of Chester, prefixes next after for the parties aforesaid to be before the king himself at Westminster^ then and there to hear judgment. " • ' " f ■ Say upon their oath, that the said C. D. did un- dertake and promise, in manner and form as the said A. B. hath within complained against him ; and they assess the damages of the said A. B. on occasion of the not performing the withm-mentioned promises and undertakings, as well against the said C. I), as against nil C J ' POSTEAS. 245- against the within-named E. F. over and above the Chap. costs and charges of the said ^. J?, by him about XXXVII. his suit in this behalf expended, to /. and for those costs and charges to 40 J.: Therefore, &V. uire, mayor Say upon their oath, thai the said C D. did |§ ^•) within six years next before the day of exhibiting ll^naulmp^it the bill (or by original, of suing out the original «i^'^« *'* <""»»*- writ) of the said A. B. against the said C. D. in this cause, Undertake and promise, in manner and form as the said ^. ^.hathvithin complained against him ; and they assess the damages, Kc. (as before, p. 238). Say upon tliftir oath, that the within-named (5 10) E. F. in his life-tiine did undertake and promise, in ag'Llnst^n ex. manner and form as the said A. B. hath within ecutor, on non asfttmpmt by in that behalf alledged \ and tliey assess the da- tiic testator. mages, [Sic.) Say upon their oath, that the said CD. on the (§ n) day of exhibiting the within bill of the said A. B. Jl^^admZ (or by original, of suing out the original writ of *''"''''''^- the said A. B. in this behalf, ) had divers goods and chattels, which were of the within-named E. F.at the time of his death, in the hands of himthe^aid . C. D. as executor of the last will and testament of the said E. F. to be administered, to the value of /. as the said A. B. hath within in that behalf - alledged; and they assess the damages, (&'"c.) Say upon their oath, that tlic said C. /). doth (§ 12.) owe to the said A. B. the within-mentioned sum of IvVl^'"''"* ' /. in manner and form as the said A. B. hath II 3 within S43 P03TEAS. CfiAp. wiihin in th^t behalf alledgcd; and tliey Jiaseas tlt-s XXXVII, damages of t'le said A. B. on occasion of{h<; ;: cc.m'. and charges by hini about his sn;f in thtsbeha'i ••^V*'-^' "^'^> to i^. and for those coL^t!, and charges to 40 a.: • ' ^ Therefore J 5Cc-. , ., (§13.) Say upon their oath, that the with;)-mcntior)t.4 'iiioiiko, on writinsi obligatory \% the deed o*^ the saicl C, D. as noil eit jiicthin. ~ o j the said A. B. hath within in that svchalf ullcdg- u, and they asse;;r. the damages, &V. (as Ujth?k:it). iiiil (§ 14.) The iilce, or «okU ad d'l'm. ^iiy upon their oath, that the said C. D. did not pay to tho said A. B. the within-mentioned sum of — — /. or any part thereof, oxi tJie — — — day of in the condition of the within v.riting-obligft* tory mentioned, according to the form Jind efl'ect of the said condition, in manner and form as the said CD. hath within in that behalf alledged; and they assess the damages, (&V.) li" WM m (5 1"*.) Say upon their oath, that the said C. D. did not indninnlty -" ^" indemnify, ^V. but wholly refused and neglected bonri, where so to do, contrary to the tenor and effect of the damages arc ' -^ assessed on the conditionofthewithiii-mentioned writingobligatory, Stat. 8 &.9rr. . , _ , • 1 ^ T> 1 1 ■ , • lll.c. 11, in manner and form as the said A. li. hath witniri in that behalf alledged ; and they assess the damages of the said A. B. on occasion of the detaining the within debt, over and above his costs and charges by him about his suit in this behalf expended, tq 1 s. and for those costs and charges to 40 s. ; and they also assess the damages of the said A. B. on oc- casion of the breach of the said condition within assigned, j-^ ]l POSTEAS. 347 assigned, according to the form of the statute in Chap. that case made and provided, to L: There- XXXVII. fore, Sic. .... — as to the sum of 1, in the •count of the (§16) within declaration mentior.e'l, parcel of the sum of Jj^^'jf^tate* L within demanded, upon their oath say, that where part i< .,/-,»-. 1 1 1 -1 r I found for the the said CD. doth owe the said sum ot /. to d«feiid»at. our said lord the king and the said //. B. who sue$ as aforesaid, in manner and form as the said A.JS. who sues as aforesaid hath within complained against liim ; and they assess the costs and charges of the said yi. B. who sues as aforesaid, by him about his suit in this behalf expended, to 40^. And as to the residue of the said sum of /. in the other counts of the within declaration mentioned, the jurors aforesaid upon their oath aforesaid say, that th« said C. D. doth not owe the same or any part thereof to our said lord the king and the said A. B. who sues las aforesaid, as the said C. D. hath within iq tha| behalf alledged; Therefore, 6(c, Say upon their oath, that the said C. D. is guilty (5 17.) of the premises within laid to his charge, in manner ''*'* ''I'*' °? ^ not ^ilty, lu and form as the said A. B. hath within complained c«8«. again* him ; and they assess the damages of the said A. B. on occasion thereof, over and above his costs and charges by him about his suit in this be- half expended, to /. and for those costs and charges to 40 s,: Thgrefove, ^f. For this sfctioHf vide post, Chap. XLIV. . (§ is.) R4 Say ! 'I Hi m i^iiiiil "t! „ i ij!!! I'll n i in 248 Chap. (§ 19-) The like, on not guilty, in trespass. \r''' POSTEAS. Say upon their oath, that the said C. D. is guilty of the several trespasses within laid tahis charge, in manner and form as the said A. B. hath within complained against hinij and they assess the da« mages, {Jic.) . -'• i " •- v.- (§ 20.) The like, on iieveral issues -— as to the first issue within joined betwetn the parties aforesaid, upon their oath say, that the said till:, T «. I («» K9a\\X,a^ * » v in trespass and C. D. is guilty of the several trespasses within l^id to his charge, in manner and form a$ the said A. B, hath within complained against him : And as to the last issue within joined between the parties aforesaid, the jurors aforesaid upon their oath aforesaid say, that the said C. D. at the within-mentioned time ^ " -when, if c:. of his own wrong, and without any such cause as he the said C. D. hath within in that behalf alledged, assaulted, beat, bruised, wounded and ill-treated the said A. B. in manner and form as the said A. B. hath within complained against him ; and they assess the damages, (^f.) {) 21.) — as to the first issue within joined br.tween the not\uiity*to a P'^^^^^^i^s aforesaid, upon their oath say, that the said new-assign- (^^ j)^ jg uot cuilty of the Several trespasses within liic'nt where o •/ t several issnes laid to his charge, in manner and form as the said the defendant. ^. -^^ hath within complained against him*. And as to the second issue within joined between the parties aforesaid, the jurors aforesaid upon their oath say, that the said C. D. atthe within-mentioned timewhcn, Sfc. did not of his own wrong, but for such cause as he the said C. D. hath within in his last plea in ) that behalf alledged, assault, beat, bruise, wound ' and ili-treiit the said A. B. as in the first count of the • # PDSTEAS. 249 the within declaration is mentioned : And as to the Chap. lust issue within joinedbetween the parties aforesaid, '^•XXV II.- the jurors aforesaid upon their oath say, that the said C. D. is guilty of the trespass within .new as- signed, in manner and form as the said A. B. hath witliin complained against him ; and they assess the damages of the said A. B, on occasion of the com- mitting of the said last-mentioned trespass, over and above his costs and clmrgcs by him about his suit in , ^^ •' this behalf expended, to /. and for those costs and charges to 4 J.?.: Therefore, Kc. - - Say upon their oath, that the said C. D. is guilty ^5 22.) of the several trespasses within laid to his charge, in oiiJ*iieXi!daar manner and form as the said A. B. hath within com- " ^'^^'^ g>"J*f. and anotkcr plained against him; and they assess the dam on • nonsuit. Chap, plaintiff and defendant, /C. F. one of the jurors of XXX VII. the said jury, is withdrawn from the (lunel thereof ; and the residueof the jurors of that jury arealtogo^ ther discharged from giving any verdict of uud upon the premises within-mentioned, fife, — and the jurors of that jury being summoned also come, who to speak the truth of the matters within contained, were chosen tried and sworn; and after evidence being given to them thereupon, they went from the bar of this court, to consider of their ver- dict to be given of and upon the premises ; and after the ^aid jury had considered thereof, and agreed among themselves, they returned to the said bar, to give their verdict in this behalf; upon which the said A. B. being solemnly called, comes not, nor does he further prosecute his bill (or writ) against the said C D. Therefore, &'<*. (5 28.) Say upon their oath, that tl>e said C. D. did not Thehke, on a yn(jertake or promise, in manner and form as the vernicion non » auumptit. said A. B. hath within complained against him: Therefore, Kc. (§29,) Say upon their oath, that the said C. D. did not The likf, where undertake or promise, in manner and form as the bad let judg. said A. B. hath witliin complained against him ; and ?u1l^"'*^ ^'^ hereupon the said jurors are discharged from inquir- ing against the within-named E. F. what damages the said A. B. iiath sustained, by reason of the pre- mises within-mentioned : Therefore, isc. sui A\ foi ii Say VOSTEAt. an Say upon their oath, that the said ^. B. was and Chaf. U iiulcbtcU to the said C. J), m manner and form as XXXV 11. the said C. D. hath witlun in pleading ailed jed : * ^^ ^"^'^ fhcretore, eke, • pita oi ««t.oii'. toned also ;rs within and after they went their ver- and after nd agreed said bar, , which the s not, nor fit) against n. did not form as th« 'ainst him: Say upon their oath, that the within-named (>'''•). „,■;.,.,.». ,. , , , , Th«; like,for»n £. r. mhis hre-time did notiuidertakR or promise, executor, un iu manner and form as the said ./. B. hath within in 'H'y^l^Si^L, that bclialf alledgcd : Therefore, bic. . • Say upon their oath, that the said C. D. on the (5 ^'^•) day of cxhibiiiug the within bill of the said A. B. JiZ^''^';,Z. (or by original, of suing out the original writ of the '''""^ said y/. B. in this behalf,) had not any goods or chattels, whicli were of the within-named E. F. at the time of his death, in the hands of him the said C. D. as executor of the last will and testament of the said E. F. to be administered, as the said C. D. hath within in pleading aliedged: Therefore, 5s'f. Say upon their oath, that the said C. D. doth ^^ ^^'^ , .,.,,, ... . , Tlie like, on not owe to the said A. B. the withm-mentioned nil Met. sum of 'I. or any part thereof, as the said A. B. hath within iu that behalf alledijed : There- fore, &'f. ^ ' ■ ■ . '^ . Say upon tlicir oath, that the within-mentioned ■ - ^^-^ writing obligatory is not the deed of the said CD. loll ^^^f^cZ,. as the said A. B. hath witlun in that behalf alledged : Therefore, ^V. c. as Ml I; i il I !l i 'll : TIP 1152 l»OSTEAI. Chap, — as to the first issue within joined between the XXXVII. parties aforesaid, upon their oafch say, that the ih 35) within-mentioned writing obligatory is the deed of the siatntw of ^^c said C. I), as the said y/. B. hath within in that "^'y,' ""i, /•" behalf alledged : And as to the last issue within mmeitjiirtun. joined between the parties aforesaid, the jurors .. . , aforesaid upon their oath aforesaid say, that it win corruptly and against the form of the statute, {6ic.) agreed between the said ^. B. and tlic said C. D. in manner and form as the said C. D. hath within in pleading alledged : Therefore, He. Say upon tlieir oath, that the said C. D. is not (5 3i.y iki*(fuiity,"iii guilty of the premises within laid to his charge, in '•*«• nianner and form as the said A. B. hath within complained against him: Therefore, Uc. (5 ST, 8.) For these scctionsj vide post ^ Chap. XLIV. « 39.) Say upon tlieir oath, that the said C. D. is not notmiiuy, in P"ilty of the several trespasses within laid to his trcsyass. charge, in manner and form as the said A. B. hath within complained against him : Therefore, $(c. 4 For these sections, vide post j Chap. XLV. Aftor- u DEMURRERS TO EVIDEKCC. t»9 tM JtfU'rwards^ thut is to say, on the day and at the Chap. place within-contained, before oneofthcjustices XXWlI. ot'our said lord the kini;, assigned to hold pleas in tho ^^ *'^'^ court of our said lord the king beturc the king hint- cvideiue, Uy self, and one of the barons of our said lord the ;X?« 'uil'^d.!' kinir, of his court of Exchequer at IVestminstery and '""K'* '"♦' «'•- othcrs their fellows, justices of our said lord the kin^, Uouaiiy. assigned to take the assizes in and for the county of , according to the form of the statute in such case made and provided, come as wctll the within- named A. B. as the within-named C. 1). by their re- ^ spective attornies within-mentioned ; and the jurors of the jury whereof mention is within made, being summoned, also come, and being chosen trietl and sworn to say the truth of the matters within-con- tained, the said J. B. to prove and maintain the . issue within joined on his part, shews in evidence to the jury aforesaid, by jE"./''. a witness duly sworn in ' that behalf, that, &,'c. (here state the evidence on the part of the plaintiff:) And the said C. D. says, that the aforesaid matters to the jurors aforesaid in form aforesaid shewn in evidence by the said A. B. are not sufRcient in law to maintain the said issue within joined on the part of the said A. B. and that he the said C.Z>. to the matters aforesaid, in form aforesaid ^ shewn in evidence, hath no necessity, nor is he obliged * by the law 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 C. />. pv.iys judgment, and that the jury aforesaid may be discliarged from giving any verdict upon the said issue, and that the said A. B. may be barred from having his said action against tlie said (ID.kQ. And ^ ''.■ \m< Jbinder in de murref. Hii DEMURRERS TO EVIDENCE. CrtAP. ^^^ ^^^ "•''*^ -'^' ^' ^^^ ^hat he hath shewn irf XX'XVII. evidence t-) ♦;he said jurors, sufficient matter in (§43.) maintenance of the saiu issue, which matter the said C. D. doth not deny, nor in any manner an- swer thereto, prays judgment, and his damages by reason of the premises to be adjudged to him, 6Cc. Whereupon it is told to the jurors aforesaid, that they shall inquire what damages the said A. B. has sustained, as well by reason of the matter i^^'ewn iii evidence as aforesaid, as for his costs and charges by him about his suit in tiiis behalf expende 1, in case it shall liappen that judgment shall be givert tipon the evidence aforesaid for the said A. B. And the jurors afoi^said upon their oath aforesaid thereupon say, that if it shall happen that judgment siiall be given for the said A. B. upon tlie evidence aforesaid, then they assess tlie damages of the said A. B. by him sustained by reason of the matter shewn in evidence as aforesaid , besides his costs and charges by him about his suit in this behalf ex- pended, to 1, and for those costs and charges to s. And tliei'eupon t. : said jurors, by the assent of the said parties, are discharged front giving any further verdict upon the premises. Aftcr'Ji'ards , that is to say, on tlie day and at the I" 3 Tile like, by , ... • i l- / • i i ^ ,• ihf piaintiii', place withm-contauied, est;, (as in the last, mutatis whcio thc.mry ffinfandts, to the prayer at the end of the demurrer, ate discharged. . . which is as tbilows:) prays judgment, and that the jury aforesaid ujay be dischargetl from {giving any verdict upon the said issue, and that his diunages by reason of the premises within-uientiaired may be adjudged to him, 6s"tv And H. BILL OP EXCEPTIONS. 255 And the said C. D. for that he hath shewn in Chap. evidence to the jury aforesaid, safficierit ttiatter to ■XXXViI. maintain the said issue ivithin joined, on the part of , . . ." . the said C. D. }ind which he is ready to Verify ; and murrey, forasmuch as tlie said A. B. doth not deny, nor in any manner answer the said matter, ptayS judgment, and that the said J. B. may be barred from having his aforesaid action against him, and that the jury aforesaid may be discliarged from giving their \»er- dict upon the said issue, i(c.: Wherefore let the jury aforesaid be discharged by the court liere, by the assent of the parties, from giving any verdict diereupon. - ... la l\ to wit. Be it remembered, that in the term (§ vg.) ^1 c A.\ • i- BiUofcxcep- the year or the reign or our sove- xmxs. m of — reign lord Gcorge't\iQ Third, now kingof tlie united kingdom of Great Britain and Ireland, &f. came A. B. by his attorney, into thie court of our said lord the king before the king himself at IVest-' minster, and impleaded C. J), in a certain pica of trespass on the case upon promisci; ; on which the said A. B. declared against him, that, &"c, (set out the declaration and other pleadings, and then pi*o- cced as follows:) And thereupon issue was joined between the said A. B. and the said C. D. And af- terwards, to wit, at the sittings of nisi priits held at the Guildhall of the city of London aforesaid, in and for the said city, on the day of in the year of the reign of our said lord the king, before the right honourable Edxeard Lord Elleyu ill I 1 '^l\ Hi 'Mi : fiii;.,i 256 Chap. XXXVII. BILL OF EXCEPTIONS. Ellcnboroughy chief-justice of our said lord the king, assigned to hold pleas in the court of our said lord the king before the king himself, Emin Law ^ esquire being associated unto the said chief-justice, according, to the form of the statute in such case made and provided, the aforesaid issue so joined between the said parties as aforesaid, came on to be tried by a jury of the city of London aforesaid, for that purpose duly impanelled, that is to say^E, L\ of and G. If. of {S^c. ) good and lawful men of the said city oi London : At which day, came there as well the said y:/. B. as the said C. D. by their respec- tive attornies aforesaid; and the jurors of the jury aforesaid, impanelled to try the said issue, being CiiUed, 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, lVc. ( here set out the evidence on the part of the plain- tiff, and afterwards that on the part of the defend- ant, and then proceed as follows:) Whereupon the said counsel for the said C. D. did then and there insist before the said chief-justice, on the behalf of the said C. D. tliat the said several matters so pro- duced and given in evidence on the part of the said C. D. as aforesaid, were sufficient, and ought to be admitted and allowed as decisive evidence, to entitle the said C D. to a verdict, and to bar the said A. B of his action aforesaid ; and the said counsel for the said C D. did then and there pray the said chief- justice, to admit and allow the said matters so pro- duced and given in evidence for the; said C. 1). to ■%. > i filLL OF £XC£PTIOmI. 257 be conclusive evidence in favour of the said C. D, to Chap. entitle him to a verdict in this cause, and to bar the XXXVII* said A. B. of his action aforesaid : But to this the counsel learned in th^ law of the said A. B. did then and there insist before the said chief-justice, that the same were not suffecient, nor ought to be admitted or allowed to entitle the said C. D.to a, verdict, or to bar the said J. B. of his action aforesaid ; and the said chief-justice did tlien and there declare and deliver his opinion to the jury aforesaid, that the- said several matters so produced arid given in evi- dence on the part of the said C. D. were not sufficient to bar the said A. B. of his action aforesaid, and with that direction left the same to the said jury; and the jury aforesaid then and there gave their ver- — l. damages; where- diet for the said A. B. and — upon the said counsel for the said C. D. did then and there, on the behalf of the said C. D. except to the aforesaid opinion of the said chief-justice, and insisted on the said several matters as an absolute bar to the said action : And inasmuch as the said several matters so produced and given in evidence On the part of the said C. D. and by his counsel aforesaid objected and insisted on as a bar to the action aforesaid, do not appear by the record .fthe verdict aforesaid, the said counsel for^he said C. D. did then and there propose their aforesaid exception to the opinion of the said chief-justice, and requosted him to put his seal to this bill of exceptions, con- (ainingthe said several niatters so produced and given in evidence on tlie part of the said C. D. as aforesaid, accordinsi to theform of ihesUttute insuch case made and provided ; ai; J thereupon the said cljief-justice, S at '\- r \K:|IP I' >-,i H 258 Bin- OF EXCEPTIONS, Ch>ap. at the request of the said counsel for the said C. 1). XXXVII. did put his seal to this bill of exceptions, pursuant to the uforei>aid statute in such case made and pro- vided, on the said day of in the year of the reign of his present majesty. % W\\ 'i Ji'ili . f O-V ■'.>:\ r-*- ■'•f '1 .'n ■'■■ ' I ,.■-: There are yiq/orms referr€4 (o in this Chapter. .;- r. (■> CHAP. XXXIX. * OVi '^r*:'7/"u ;,.':*■, CHAP. XXXVill. . • .■■^>.- c^ir^rf" wm if. :iit . 0/ Judgments. 1 . ■ , , , . I , (U.) As yet of term (the term of* which inter- j^^^^^^^ ^y locutory judgment is signed), in the nUdidt.iaui- /.I* • z" 1 • x^ 1 mi • 1 iumpsit by hill, year of the reign of king Crcorge the Third, of the same ... . Witness Edward Lord Ellenborough. doSlJliioa.'''' - Way. to wit. A. B. puts in his place E. F. his attorney, against C. D. in a plea of trespass on the case upon promises 7 •■ 1 1- to wit. The said C. D. in person, [est if he appeared hy attorney; " The said CD. puts in his place G. H. his attorney,") at the suit oi" tljo jaid A. B. in the plea aforesaid. ' ' ••' ' ; i to wit. Be it remembered^ that on - — next — in this same term, before our lord the S 3 king ^ter ■i ' 260 JUDGMENTS KOR ThE PLAINTIFF \ v' ^'i?, C!hap. XXXIX. V. king- at Westminster ^ comes A. B. by E. F. his attor- ney, and brings into the court of our said lord the king before the king himself now here, his certain bill against C. I), being in tlie custody of the marshal of the marshalsea of our said lord the king before the king himself, of a plea of trespass on the case upon promises ; and thei-e are pledges for the prosecution thereof, to wit, John Doc and Richard Roe ; which safd bill follows in these words, that is to say : to wit. A. B. complains of C. D. being in the custody, &V. (here copy the declaraticfn to the end, omitting the pledges, and proceed on a' new line as follows:) And the said C. D. in his proper person (or by G. II. his attorney), comes and defends the wrong and injury when, fife, and says nothing in bar or preclusion of tlic said action of the said A. B. where- by the said A. B. remains therein undefended against the said C. D. wherefore the said A. B. ought to recover against the said C. D. his damages on occasion of the premises : But because it is un- known to the court of our said lord the king now here, what damages the said A. B. hath sustained by means of the premises ; the sheriff is commanded, that by the oath of twelve good and lawful men of his bailiwick, he diligently inquire what damages the said A.B. hath sustaino , as well by means ofthe premises, *asforhis costs and charges by him about his suit in this behalf expended ; and that he send the inquisition which he shall thereupon take, to our said lord the king at Wesfviinster , on next after — — under his seal, and the seals of those by whose oath n ( »; ■ 1 ' BY NIL DIGIT. ! 261 «ath he shall take that inquisition, together with the writ of our said lord the king to him thereupon di- rected ; the same day is given to the said A. B. at the same place: At which day, before our said lord the king at Westminster^ comes the said A. B. by his at- torney aforesaid; and the sheriff, to wit, esquire, sheriff of the said county of , now here returns a certain inquisition indented, taken before him at in the county aforesaid, on-— —the day of in the year of the reign of our said lord the now king, by the oath of twelve good and lawful men of his bailiwick; by which it is found, that the said A. i?. hath sustained damages by means of the premises to — ■ — /. over and above his costs and charges by him about his suit in this behalf ex- pended, and for those costs and charges to s. Therefore it is considered, that the said A. B. do re- cover against the said 6'. D. hisdamages aforesaid, by the said inquisition above found, and also for is—. bis said costs and chai-ges, by the court of our said Jord the king now here adjudged of increase to tlie paid A. Bi and with his assent ; which said damages costs and charges in the whole amount to - And the said C. D, in mercy, bsc, - ; ■ (Entry of warrants of attorney, as before.) to wit . Be it remembered^ that in Chap. XXXIX. Judgment signed the- dav of -^— •/. Mercy. (§ 2.) term The like, of a last past, before our lord the king; at Westminster, '^'^"^^^.^'^^* o ' with an im- came A. B. by E. F. his attorney, and brought into parlance, the court of our said lord the king before the king , ^ himself then there, his. certain, bill against C. />..->>; " being in tlie custody of the marshal of the marshal^ea t ^'■. S3 of \i ! 1 > r;!i r n •■! i&i JUDGMENTS rOR THE PLAIKTIFP ** Chap. of our said lord the king before the king himself, XXXIX. of a plea of trespass on the case upon promises; and there are pledges for the prosecution thereof, to wit, John Doe and Richar i Roe; which said bill follows in these words, that is to say : to wit. (Here copy the declaration to the end, omitting the pledges, and proceed on a new line as follows : ) And now at this day, that is to say, on next after in this same term, wntil which day the said C, D. had leave to imparl to the said bill, and then to answer the same, Kc, before our said lord the king at Westminster y come as well the said //. i?.by his attorney aforesaid, as th' said C. J), in his pro- per person (or by G. H. his attorney); and the said C. D. defends the wrong and injury, when, Uc. and says nothing in bar or preclusion, &>V. (as ■r: before). r f (Entry of warrants of attorney, as before). to wit. C. D. was attached to answer A,B. Kc. (here copy the declaration vtrbatim^ and pro- ceed on a new line as follows :) (5 3.) The like, by original. And the said C. D. in his proper person (or by G II. his attorney), conies and defends the wrong and injury when, &'c. and says nothing in bar or : , preclusion, ^D. for the damages costs and charges aforesaid : Therefore it is considered, 5C<'. (as before, p. 261.) And the said C. D. in his proper person, comes (§ ^■) and defend-i the wrong and injury when, &"f. and gainst aA exp- ffays nothing in bar or preclusion, ^>. (as before, * "f'^'- or admi- , , ' nistrator. p. 260, 1. to the finaljndgment, which is as follows:) •Therefore it is considered, that the said A. B. do judgment recover against the said C, D, executor (or admini- ^'^"*-''^' ^^""-^ strator) ■>: \\ i.1;i |.< xMa, m !-l| IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I lti|28 |25 no •^~ RJ^H m mm 2.2 m iiM IIIII16 < 6" ► V 7] f'^^P '^>' ^ v^ ^v^ > > Photographic Sdences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. MSSO (716) 872-4503 '''"^^J' V by. ? 4^ tx !.^^ ^ >.^ !n il i [i ^ii' ■• ( r' 'i ^fiv Chap. XXXIX. 'V - - %i "■-*.- ■* -- Mercy. jrUDCMtNTJI W» »HK PLAINTTrP sif^tgr) 99 {tfore8«i4, his 49niages aforesaid by the m^ inquisition above feun(^, and also /. for hia 99\d c(K/ts and qharg. F. at the time of his death, in the hands of the said CD. as executor (or administrator) as fiforcsaid to be administered, if he hath so much thereof in his hands to be administered, and if he hath not so much thereof in his hands to be admi- nistered, then /. parcel of the damages afore- said, being for tlie costs and charges aforesaid, to be levied of the proper goods and chattels of the ^aid C. ]). And the said C. D. in mercy, ^c. It 9 ) And the said C. D. in his proper person, comes The like.whcrc and defends the wrong and injury when, 5Cf. and aro assesscd^by says nothing in bar or preclusion of the said action the court. of the said J.B. whereby the said J.B. remains > therein undefended against the said C. D. wherefore the said A. B. ouglit to recover against the said CD, his damages on occasion of the premises: And hereupon the said A. B. freely here in court remits to the said C D. all damages sustained by him the said A. B. on occasion of the not perform- ', ' ing the several promises and undertakings in the . '- . \ < last counts of the said declaration mentioned; ' '•' and he prays judgment, and iiis damages by him sustained ou occasion of the not performing of the , said promise and undertaking in the said firsi count mentioned, to be adjudged to him, ^c. And be- cause *r * % 8Y KIL DIGIT, ■v^-it. J861 Chap. xxxix. cause it is suggested and proved, and manifestly appears to the court here, that the said A. B. hath sustained damages on occasion of the not performing of the said last-men^oned promise and undertaking , to the sum of /. besides his costs and charges by him about his suit in this behalf expended : Therefore it is considere<^, that the sai^A.B. do Judgment irecover against the said C. D, his damages aforesaid , " • ^ *'•' to the said sum of — — /, and also /. for his said costs and charges, by the court of our said lord the king now here adjudged to the sai4 A. B. and with his assent; which said damages costs {^nd charges in the whole amount to /, And the said CD. in mercy, Uc, And let the said CD. be ac- Mgrcy, quitted of the damages so remitted as aforesaid, H^c. As yet of term, (Sff.) (§10.) to wit. A, B, puts in his place E. F, his „" S^J^ i attorney, against CD. in a plea of debt to wit. uii a iniituiitiu by bill, of th. undcr and subject to a certain condition return. thcrcto Subscribed, whereby, after reciting, &c. (stating the recital, if any, preceding the condi- tion of the bond,) it was declared, that if, &c. (re- citing thd condition): And hereupon the said ^.i?. prajs the writ of our said lord the king, to be di- rected to the sheriff of ,and to the right honour- able i?rfa'rt7Y/ lord i?//rwAorM/^/i, his Majesty's chief- justice, assigned to hold pleas in the court of our . said lord the king before the king himself (or " to his majesty's justices assigned to take the assizes in tlic county of ^") commanding the said sheriff, that he cause to come before the said chief-justice, (or "justices of assize,") on the day of • next, at in the county of twelve, &c.by whom, &c. and who neither, &c. to inquire of the truth of the said breaches above assigned, and to assess the damages thereby sustained by the said A.B.\ and also that it be comm'anded in the said writ to the said chief-justice, (or ** justices of as- size,") that he (or" they") makearetum thereof to tbo said court of our said lord the king before the — next after king bimsdf at JVesimmster^ on — — — ; and it is granted to him, &.c. the same day is given to this said A. B. at the same place. At which day, before oar said lord the king at IVestmin- BY Nit DIGIT. i.T/l, ',''■*. 2TI Chap. XXXIX. iter, conies the said yt. S. by hi« attorney aforesaid, and the said chief justice (or "justices of assize") now here returns, (or " return") a certain inquisi* tion indented, taken before him, (or *' thpm") at in the county of on — — the day of . in the year of the teign of our said lord the king, upon the oath of twelve good and lawful men of the same county, by which it is found, &c. (reciting the inquisition,) and that the said ^/. ^. hath sustained damages, by reason of the aforesaid breach of the said condition of the said writing ob- ligatory, to the sum of /. (After the entry of the judgment, proceed as The like, \n follows:) bomi, iuC. p. But because, according to tlie form of the sta- tute in such case made aiid provided, a jury ought to inquire of the truth of the said breach of the said condition of the said writing obligatory above as- signed, and to assess the damages that the said A. B. has sustained thereby, and the said A. JR. having prayed our writ for that purpose, therefore the sherift' of the said county is commanded, to summon twelve good and lawful men of his county, i * ^ to appear before chief-justice of our said lord * , » .\ , the king of the bench at Westmmstery (or *' before ' !'. , his majesty's justices assigned to take the assizes in " -^ i< the county of ,") on the day of at in the said county, to inquire upon their oath of the truth of the said breach, and to assess the damages which the said A. B. hath sustained thereby: And the said chief-justice is (or** justices ' , of ,;i!i ■;i . 272 Chap. XXXIX. JTUDGMENTS FOR THE PLAINTIFF of assize are") commanded » that he (or" they") make return of the said writ, and certify the inquisition before him (or " them") taken, to his majesty's justices pt WestmimtcVi in together with th(v names of those by whose oath such inquisition shall be taken, and the writ of our said lord the kin^; to him (or " them") thereupon directed ; the same day is given to the said A^ B. here. At whicli day, comes hero the said A. B. by his attorney aforesaid, and the said chief-justice (or "justices' ofassize") now here returns (or " return" ) acertainin- quisition indented, taken before him, (or "them") on the day of in the year of the reigu of our said lord the king, at in the said county, upon the oath of twelve good and lawful men of the said county, by which it is found that the said CD. did not appear, SsV. (as in tlie inquisition), and that the said A. J5..hath sustained damages, by the aforesaid breach of the said condition of the said writing obligatory, besides his costs and charges by him about his suit in this behalf expended, to -/. 'C;'[JJ<', ' lUi '/T .V. jiUj ..>'.■. the like, in (After the entry of the judgment, proceed as debtonannui- f^jjjjj^yg.j J*» ty'bond, in tlie *rth'*Str"of A"'^ hereupon the said A. B. according to the aatisfaction. form of the statute in such case made and provided, says. Sfc. (here copy the suggestion to the end „• and proceed as follows:) And the said A. B. havings prayed the writ of our said lord tJic king to inquire of the truth of the said breach above assigned, and to assess the damages vyhich the said A. B. has sus- • ' tained ■r- t BV nil DICIT. ■'A, 213 (( (( tained thereby ; therefore according to the form of the statute in such case made and provided, the sheriff of is commanded, that he cause to come before the right honourable Sir Archibald Mac- donald knight, chief-baron of his majesty's court of Exchequer, (of before his majesty's justices as- signed to take the assizes in the county of ^") at in the county of , on the day of instant, twelve^ honest aild la^vful men of his bailiwick, to inquire diligently on their oath of the trutli of the said breach above assigned, and to assess the damages which the said A, B, hath sustained thereby ; and the said chief-baron is (or justices of assize are" ) commanded, that he (or they") certify the inquisition to be before him {ot *' them") taken, to his said majesty's court before the barons of his said Exchequer at Wesiviinster, on the day of instant, together with the names of those by whose oath such inquisition shall be taken, and the writ of our said lord the king to him thereupon dii-ectedj the same day is given to the said A. B. at the same place : At which day, before the batons of his said majesty's Exchequeif at Westminster aforesaid, comes the said A. B. by his attorney afotesaid, and the said chief-baton (or " justices of assi' ') now here returns (or *' re- turn") a certain inquisition indented, taken befoi'C him (or " them") at in the county^of aforesaid, on the day of in the — — year of the reign of our said lotd the king, upon the oath of twelve honest and lawful men of the said county, by which it is found, that after the making of the said writing obligatory, SCc. (stating T the Chap. XXXIX. 214 JUDGMENTS FOR THE PLAINTIFF Chap. XXXIX. the inquisition), and that ihc said A. B. Irath sun^ taint(ldaniaj4c's,by reason of the afoi'C!>aid breach of the said condition of the said writing obli(j;atory, to the sum of — — /. And hereupon the said A. li. by his attorney aforesaid, acknowledgcth liimself to be satisfied by the said C. J), of the damages aforesaid, in form aforesaid assessed, and also liis damages by him sustained on occasion of tlic de- tention of the said debt: Therefore let the said C. D. be acquitted ofthe several damages aforesaid, and all further proceedings for the recovery there- of be stayed, ^V. .,;..,.,.. •M' ': 1 i|i:'l'i urn J\iil!?in»'r>t by •/// tliiil as to onr i:o(n>t., and loVVS:) vollf /imtr./iii to two (rtliers atter plea, in (/(.-&/ Ml statute. (To the end of the plea, and then as fol- Jiiilir'nieiit And as to the offence in thclast count ofthcsaid de- claration mentioned, the ^aid C. i). says nothing in bar or preclusion of the said action of the said A. B. wliereby tlie said A. B. remains therein undefended against the said C. 1).: And hereupon the said A. B. freely here in court says, that he will not further prosecute his suit against tlic said C. J), for the said offences in the said first and second counts of the said declaration mentioned; and he prays jxidgment for the said sum of /. in the said last count o' tlie said declaration mentioned, parcel ofthcsaid snm of /. abj^ve demanded, toge- ther with ids costs and charges by him laid out about his suit in this behalf: Therefore it is con- sidered, that tbe said A. B. do recover against the said C. D. the said sum of /. in the said last count of the saii;^ declaration mentioned, parcel, ^<; and BY l^ON SUM IKFOnMATUS. tid A. B. ndefended the said le will not I C. J), for ond counts he prays in the said led, parcel dcd, toge- m laid out e it is con- against the ic said last parcel, ^'■ and and also /. for his said costs and charges, hy the couit df our said lord thd king now here ad- judged to the said J. B. and witli his assent, ae- cording td the form of the statiitc in such case made and provided; and the said CD. in mercy, Sff. Mmj'. And let the said C. 1). be acquitted of the said offences in the said first and second counts of the ; >;iiid declaration mentioned, and go thereof without day, :\i For these sections j vide post, Chap. XLVi !• *• /^ (% i"'- !*•) i»,ft. As yet of tcriti, (5C<'.) (§ t.5.) to wit. J. B. puts in his place £. F. his ^^^^^^ attorney, against C. D. in a plea of trespass on the mntus,\n as- • ' " * *■ sumpsil by bill, case upon promises. of the same ■ term with the — — to wit. The said C. D. puts i^i his plac6 deciaratwn. G. II. his attorney, at the siiit of tlie said A. B. in tlio plea aforesaid. to wit. Be it remembered, &c. (as before, p. 259, 60.) And the said C. D. by G. II. his attorney, comes aiid defends the wrong and injury when, i^c. and the said A. ^. prays that the said C. I), may an- swer his said declaration; whereupon the said . attorney of the said CD. says that he is not in- , r,,-, ,, ' formed by the said CD. of any answer to be given ■'■•-:',<• *.^ for him to the said A. B. in the premises, nor doth he say any thing in bar or preclusion of the said ac- tion of the said A. B. whereby the said A, B. re- ~ T 2 mains S7« JUDGMENTS FOR THE PLAINTIFF n •• M' Chap. XXXIX. Th*( like, in mains therein iiii(lurcnck:d against the said C. D. wherefore thu said y/. //. ought tu recover against the said C I), his dauiages on ogcasion of thu pre- mises: Butbccuusu it is unkiiuwu, ti- (oh before, p. '.^60,1.) i\ ♦'i (Kntry of warrants of attorney and memorandum, &c. as before, p. 267, 8. making the dufundant ap' pear by attorney, and not in person. ) And the said C. J), by G. //, his attorney, comes and defends the wrong and injury when, 8(c. and tlie said //. Jt. prays that tlie said C. JJ. umy answer his said declaration;- whereujmn tlw said attorney of the said C. J), say* tliat he is not informed by thcr said C. D. of any answer to be given for him to th(; said y/. Ji. in tin; premises, nor doth he say any thing in bar or preclusion of the said action of th*- said A. li. whereby the said A. B, remains therein undefended against the said C. J). : Therefore it u considered, that the- said A. B. do recover against the said C. J), his said debt,5("c. (as before, p. 2(i8, 9. ) ; r'ii {§T7.) 'rf Asyctof-^ — term, (&V.) fo?«o"!/"r}>;cther with his costs and chargea by him about his suit in this behalf expended, to i)e udjudjjcd to him, Kf. : Therefore it is considered, jud(riii*'nt that the said J. H. do recover against tlie said C. D. *'«"•''• ^'"'-^ his damai^es aforesaid to /. in form aforesaid acknowledged, and also /. for his said costs and charges, by the court of our said lord the king now here adjudged to the said ^i/. B. and with his assent; which said damages costs and charges in the whole amount to /. And the said C. D. in mercy, Kc. Mercj, Where the judgment by cognwit is of a difTerent term, or by original, the form varies as by nildUitf for whieli lide ante, p. 2G1, 2. And tlicsaid C. J), by G. //. his attorney, comes (§ 18.) and defends the wrotit' and injury when, &V. and T''ei>l<''. says that he cannot deny the action of the said A. B. icutoror ad- nor but that the said /.'. F. in his life-time did undet* take and promise, in mannerand form as the said A. B. hath above in that behalf alledged ; nor but that the said A. B. hath sustained damages, &V. (as in the last, to the judgment, which is as follows:) Therefore it Judgment is considered, that the said A. B. do recover against "^"* ' ^ *'" the said C. D. executor (or administrator) as afore- said, his damages aforesaid to • ' I. in formafore- T 3 said m J I; DOME NTS FOR THE ILAINTIKP ChaK I!) Mercy. (§ 19.) Judemcnt of assets infuturo, on a plea of ptene adminis- travk iu as- suntpsit. ■" ti ':> said acknowledged, and also /. for his said costs and charges, by the court of our saidlprd the king npw here adjudged to the said y/. B- ami with iiis assent ; which said damages costs and charges in ]the whole amount to ■ /. to be levied of the goods and chattels which were of the said K. F. at the time of his death, in the bauds of the said C. D' as executor (pv admii^istrator) as aforesaid to be administered, if he hath SO luifch tliereof in his hands to be administered,' and if he hath not so much thereof in his hands to be administered, then ——I. parce} of the damjfges afc; ^c..d, being for the costs and charges aforesaid, to be levied of the proper goods and chattels of the said C. D. ; And the said C. D. in mercy, ike, (To the end of the plea, and then as follows:) And hereupon the said A. B. inasmuch as the said ^. D. does not deny the action of the said A. B. nor but that the said E. F. in his life-^time did un- dertake and promise, in manner and form as tlic said A. B. hath above in that belmlf alledged ; and inasmuch as the said A. B. cannot deny but that the said C, D. hath not any goods or chattels which were of the said E.F. at the time of his death, in his hands to be administered, iu manner and form as the said C, D. hath above in his said plea in that behalf alledged, prays judgment, and his damages by him sustained on occasion of the not performing of the said several promises and undertakings in the said declarfition mentioned, to be adjudged to him; to be levied of the goods and chattels which were of the said E. F. at the time of his death, and ' .; • n whicl) ■TTt BY CONFESSION. 215^ which after final judgment in this respect, shall Chap. come to the hands of the said C. 1). to be adoiinis- XXXIX. tered: Therefore it is considered, that the said A. B. recover against the said C. D. his damages by him sustained on occasion of the premises afore- said, to be levied in form aforesaid: But because it is xmknown, Kf. (award of inquiry and return as • before, p. 260, 1 . making no mention of costs, and final judgment as follows:) Therefore it is consi- f"''j'J^'!*^^ ^ dered, that the said A.B. do recover against the said C. /). his damages aforesaid, by the inquisition aforesaid above found, to be levied of the goods and chattels which were of the said iE". F. at the time of his death, and which si..ill hereafter come , V to the hands of the said C. D. to be administered, (To the end of the plea, and then as follows:) And hereupon the said jt. B. inasmuch as the said C. D. does not deny the action of the said A. B. nor but that the said E. F. in his life-time did undertake, Kf. (as in the last,) and inasmuch as the said A. B. cannot deny but that the said C. D. hath not any goods or chattels which were of the said F.F.at tiic time of his death, in his hands to be admil nistered, except the said goods and chattels to the value of /. as aforesaid, prays judgment, and his damages by him sustained on occasion of tlie not performing of the said several promises and under- takings in the said declaration mentioned, to be ad- judged to him; to be levied, as to /. part thereof, of the said goods and chattels so remaining in the hands of tiie said C. D. unadministered as • It *. afore- (^ 20.) Thelik);, olas- sets acknow- IcdKcd in part, aud for the tc- sidue of assets infuturo, oil a plea of pleite administfuvit pr.pter in ft- sumpijt. $«o JUDGMENTS FOR THE PLAINTIFF Chaf. XXXIX. ^foresaid, and as to the residue thereof, to be levied of other goods and chattels which were of the said^ J^. F. at the time of his death, and which after final judgment in this respect shall come to the hands of the said C. D. to be administered : There^ fore it is considered, that the said A. B. recover against the said C. D. his damages by him sustained on occasion of the premises, to be levied in form aforesaid: But because it is unknown, H^c. (award of inquiry and return as in the last, and final judg- ment as follows:) Therefore it is considered, that signed, (&c.) ^j^g g^i^ J jj ^Q recover against the said C. D. the said damages, by the inquisition aforesaid above ; ^ • ' found, to be levied, as to the said /. partthereof, * '■ • of the goods and chattels so remaining in the hands of the said C. /). unadministered as aforesaid, and as to the residue thereof, to be levied of other goods and chattels of the said E. F. at the time of his death, and which shall hereafter come to the hands Judgment i'-te>4« of the said C, Z). to be administeiredi. 4s f. ■ii>} fcitjs t «.,.; ** 't tr.i And the said A. B. forasmuch as the said C. D. doth not deny the said action of the ssiiAA.B. nor (§21.) The like, HCainst Mic lands and chat- but that he the Said C. D. did undertake and pro- fendant dis- misc, in inaiincT and form as the said A. B. hath charged under above thereof Complained against him, nor but that an lusolVLUt- *^ " *ct- he the said A. B. ought to recover his damages by reason of the non-perfo»'Mance of the said several pro., mises and undertakings in the said declaration men-., tioned, against the said C D. and forasmuch as the ' said ^. i?. cannot deny the said several allegations of the said C. I), contained in his said plea, but admits tl»e same to bfe true, he the said A. B. prays judg- ment, •V: CONFESSION. sti ment, and his dcui.ajres by him sustaired on occa- Chap. sion of the not performing of tlie said several pro- XXXIX^i misesand undertakings to be adjudged to him; to be levied not on the person of the said C. D. but on bis lands goods and chattels, according to the form of the statute in such case made and provided: Whereupon it is considered by the court here, that tiie said A. B. ought to recover his damages on occasion of the not performing of the said seve- ral promises and undertakings, against the said C. D. to be levied in form aforesaid : But because it is unknown, Kc. (award of inquiry and return as before, p. 260, 1. final judgment as follows:) Therefore it is considered, that the said A, B. do Judgment recover against the said C, D. his damages afore- f>aid, by the said inquisition above found, and also /. for his said costs and charges, by the court of our said lord the king now here adjudged of increase to the said ^4. B. and with his assent; which said damages coists and charges \xk the whole amount to /. to be levied not on the person of the said C. D. but on his lands goods and chattels, according to the form of the statute in such case made and provided : And the said C. B.in Inercy, Mercy, ' '* (To the end of the issue, and then as follows:) (§52*) At which day, before our said lord the kine at J"'^8me«>t "jy " o cognovit ucUo- Westminster, , come as well the said A. B. as the «p'« »« auump- said C. D. by their respective attornies aforesaid ; rdktu verificaU and hereupon the said C. D. by his said attorney, ^""'*'" relinquishing his said plea by him above pleaded, f ' flays ihaii he cannot deny the actioa q£ the said A. £. nor :i*^ 28C Chap. XXXIX. (§ 23.) ThvMktt if} deht onbi>iicl,lu;tbre ptcit, uftliu «ith thj' de- claration. Judgment figned, (&c.) Xtrcy. (§ 24.), The like as to part, of a dif- ferent t»:rm, vith a nmitti. ier as to the rcsidup, JUDGMENTS FOR THE fLAINTlFF nor but tlmt hu the said C. D. did undertake^ h^d. (fls. before p. 276, T.) (Entry of warrants of attorney and meniorandumf &c. as bcforo p. 267, 8.) And the said C. I), by G. IT. his attorney, comes and defends the wrong and injury when, 6fd. and say^ that he cannot deny the action of the said J. B. nor but that the said writing obligatory is the deed of him the said C. D. nor but tlijit he owes to the said A. B. the said sttm of 1. ttbovo demanded, in manner and form as the said ^. B. hath above thereof complained against him: Therefore' it is considered, that the said ^. B. do recover against the said C, I), his said debt, and also —^7. for his damages which he hath sustained, as well on occasion of the detaining the said debt, as for his costs and charges by him about his suit in this behalf expended, by the court of our said lord the king now here adjudged to the sard -4. B. and with his assent: And the said C. D. in mercy, y. does owe to the said A. B. the sum of /. parcel of the said sum of — — /. above demanded ; >r^*; • ■ and -.♦ BY CONFESSION, -!(■■ 3S9 Chap. JVXXIX, j^nd upon tliis tlip sj^id A. B. freely here in court ^•emits to the said C. D. the sum of /. residue of the said sum of /. above dcman()ed, and al( damages by hiiji sustained on occasion of the (Jeten- tionofthe said lastTmeiitioned sum of money, and prays judgment for the said sum of /. parcel, &V. so acknpwledged ^s aforesaid, together witli his costs and charges by him about his suit in this behalf expended, to be adjudged tohim, Ki". : There- •'"Jy ^J^^ v fore it is considered, th^t the said A. B. do recover against the said C, D. the said sum of /. parcel, Kc. in form aforesaid acknowledged, and also /. for his said costs and charges, by tlie court of our said lord the king now here adjudged to the said 4. B. and with his assent: AmJ the said C. D. in Mercy, mercy, fiCc. And let the said C. D, be acquitted of the said sum of /. residue, 8(c. and the damages ^foresaid in form aforesaid rpn^itted, isc\ And the said C. D. by G. //. his attorney, comes (§ 25,) and defends the wrong and iniury when, 5Cc. and '^'"! '*''''' ® , aginhst an cx- $ays that he cannot deny the action of the said A. B, ecutur or «d- nor but that the said writing obligatory is the deed of the said E. F. nor but that he the said C. D. detains from the said A. B. the said sum of /. above demanded, in manner and form as tlie said A. B. hath above in that belialf alledged : There- fore it is considered, that the said A. B. do recover against the said C. 1). executor (or administrator) as aforesaid, his said debt, and also /. for his damages which he hath sustained, as well on occa- spn of the detaining of the said debt, as for his costs and charges by lum about his suit in this behalf Jiulirnifnt : , ?t,4;:n ex- 284 • Chat. XXXIX. Mercy. •JUDGMENTS FOR THE PLAINTIFF expended, by the court of our said lord the kinj^ now here adjudged to the said A.B. nnd with his assent ; to be levied of the goods and chattels which were of the said E, F. at the time of his death, in the hands of the said C D. as executor (or admini- strator) as aforesaid to be administered, if he hath flo much thereof in his hands to be administered, and if he hath not so much thereof in his hands to be administered, then the said /. for the damages aforesaid, to be levied of the proper goods and chattels of the said C.D.^, And the said CD. in mercy, &Cc. plene adminiS' trau'it iA debt. '!' iiiiiiliiiH (§26.) (To the end of the pica, and then as follows:) Jodgmcnt of ^^^ hereupon the said A. B. inasmuch as the said tiasetainfuturo, '^ oa a plea of C. D. doth not dcny the action of the said A. B. nor but that the said writing obligatory is the deed of the said E. F. nor but that he the said C, D. detains from the said A. B. the said sum of /. above demanded, in manner and form as the said A, B. hath above in that behalf alledgcd ; and inasmuch as the said A. B. cannot deny but that the said CD. hath not any goods or chattels which were of the said E.F. at the time of his death, in his hands tor be administered, in manner and form as the said C D. hath above in his said plea in that behalf alledgcd, prays judgment, and his said debt, toge- ther with his damages by him sustained on occasion of the detaining thereof, to be adjudged to him; to be levied of the goods and chattels which were of thd Said E. F. at the time of his death, and which shall hereafter come to the hands of the said C D. to be administered : Therefore it is considered, that the said A. B. do recover against the said C D. executor (or administrator) us uforc.aid, his said debt, Judgment jfigncd, (&c.) . \^ BV CONFESSION. 284 debt, and also — -r/. for his damages which he Hath sustained on occasion of tlie detaining thereof, by the court of our said lord the king now here ad- judged to the said A. B. and with his assent ; to be levied of the goods and chattels which were of the said E. F. at the time of his death, and which shall hereafter come to the hands of the.. said C.i).. to he administered,. &Cc'.. Chap. XXXIX. ;!ji: ,.k .. n- (To the end of the plea, 8nd then as follows:) And hereupon the said A. B. inasmuch as the said C. D. doth not deny the action of the idXHA.B. nor but that the writing obligatory aforesaid is the deed of the said E.F. nor but that the said C. D. detains from the said A. B. the said sum of -l. above demanded, in manner and form as the said A.B. hath above in that behalf alledged ; and inasmuch as the said A. B. cannot deny but that the said C. D. hath not any goods and chattels which were of the said IJ.F. at the time of liis death, in his hands to be administered, except the said goods and chattels to the value of /. as aforesaid, prays judgment, and his said debt, together with his damages by him sustained on occasion of the detaining thereof, to be adjudged to him; to be levied, as to /. part thereof, of the said goods and chattels so as afore- said acknowledged to be in the hands of the said CD. to be administered, and as to the residue thereof, to be levied of other goods and chattels which were of the said E. F. ^t the tin>e of his death, and which shall hereafter come to the hands of the said C. D. to be administered : Therefore it is con* sidercd, that the said .i^. i9. dp {ecQvc^ against the iaid {§ 27.) The like, of assets acknow- ledged' in part, and for the re- sidue uf assets mfitluro, oo a pica of pl«ne adminittravit prater iu debt. Judgment s$s .lUDOMENtS FOR TKE PlAINTitT I ! ■. . U Chav. XXXIX. said C. D. his said debt, and Ulso /. for liis da-^ innjjrcs wliicii he hath sustained on occasion of the dutuining thereof, by the Court of oui' said h)rd tht< kiii^ now here ddjudgcd to the said ^. B. lind with liis assent ; to be levied, as to tlie said 1, part tliereof, of the said goods uitd chattels so as afore- said acknowledged to be in tlie hands of the said C D, to be admiiustenul, and as to the residue) thereof, to be levied of other goods and chattels which were of the soid E. F. at the time of his deatli, and which simll hereafter come to the hands of the said C. D. to be administered, isc. .11 The tik(% fl* gaiiiiit tliri-o wli(!r«; t>uc |>l(ni*ls plrni' athninntntvit priefrr, aiiuthtir pirnr tidminis- trufif ffi'iie- hilly, and tlio thinl l»t.'» jmlir- niviit t{(i l»y du- fiiult. their at- proper person, ) f <>-. -v-:r 4 And the said C. D. and E. /'.by torncv, and the said G. H. in his come and defend the wrong and iivjury wlien, 5Cc. and the said C. D. siiys that the said A. ^. ought not to have or maintain his aforesaid action thereof against him ; because he says that he the said C D. hath fully administered, &V. (stating the plea of plenc iidministravit prater :) And the said E. F. says that the said A. B. ought not to have or maintain his aforesaid action thereof against him ; because ho says that he the said E.F. hath fully administered, He. (stating the plea of pletw administravit gene- rally:) And the said G.Il. says nothing in bar or preclusion of the said action of the said A. B. by which the said A. B. remains therein undefended against the said G. IT. And hereupon the sai '■<• r^ f lY C0NFB8II0N. aOT ntagLS by him suatHincd on occaHion of the tk*Uiit-^ C^rAP.t iiijr th«rt!of, to bo mljudtjeil to him: Therefore it i» XXXIK/ considmjd, that the suiil /i. B. do recover agaiiHt 'HSinr"*..'.) tho suid t\ D. E. F. und G. 11. a* <'xe(:ilt». aforesaid, hiH debt uforesuid, and also /. for. ' his dama<:(OH whieh he hath sustained on occasion ot the detaining thereof, by the court of our said J"rd thr king now, here aiijudged to the said A. B. and with his assent ; to be Utvied, as to the said sum of /. part tliercof, of the said goods and chattels so as aforesaid acknuwiedged to be in the hands of the said C. J), as executor as aforesaid to be admi- nistered, or of tl»c goods and chattels vvhici) were of the suid J. A', deceased al the time of his death, and which siiall hereafter come to the hands of the said E. F. as executor aforesaid to be administeied, or which are now in, or shall hereafter come to the hands of the said G. II. as executor as aforesaid to be adnurjistercd; and as to the residue thereof, to be hwicd of the goods and chattels wliich were of the said /. K. deceased at the time of his death, and which sliall hereafter come to the liands of the i said C. J), and E. F. as executors as aforesaid, or cither of them, or which are now in or shallliere- ' .'-. after come to the hands of the said G. If. as execu- tor as aforesaid, to be administered : It isalso consi- dered by his nuijesty's court here, that the said J. B. do recover against the suid G. U. executor as aforesaid, the sum of /. for his costs and . , " charges by him about his suit in this behalf ex- pended, by the court of our said lord the king now here adjudged to the suid A. B. and with his assent j ■■ . tt) be levied of the goods and chattels whicli were oC 28$ JUDGMENTS ton THE PtAINTlFF Chaf. XXXIX. Mercy. (§ 29.) Judgment by cognovit artio- nem in debt af- ter issue, rf- lirtii cerifka- lione. t' e«aid /. K. dticeased at the time of hi*) death, iti the hands of the said (r. H. as cKecutor as aforesaid to be administered, if he hath so much thereof in liis hands to be administered, and if he hath not scr much thereof in his hands to be administered, to be levied of the proper goodn and chatteh- of the said G. H. : And the said G. II. in mercy, Kc, (To the end of the issue, and then as follow^;) At which day, before our said lord the king at Westmhistefy come the parties aforesaid by their attornies afbresaid ; and hereupon the said C. D, relinqui«hing his said plea by him above pleaded, saith that lie cannot deny the action of the said A. B. nor but that the said writing obligatory is the deed, iHc. (as before p. 282.) (§30,1.) For these sections J vide pasty Chap. XLV, •nW- i»H'V.t I -■••:(» v>:> -^t ii4 ,:..: i.*^ .<; .r'A-:;i> •'(.(! ;■■' Judgment for Ihe plaiiitifT, on demurrer to a declara- tion iu assttmp- tlt. As yet of term, (^c.) (Entry of warrants of attorney as before, p. 275.) to wit. Be it remembered ^ &c. (here copy the demurrer-book verbatim, and then proceed as fol- lows:) At which day, before our said lord the king at JVestminsta^ come as well tlie said yV. B. as the said C. D. by their attornies aforesaid: Whereupon all and singular the promises being seen, and by the court of our said lord the king now here fully un- derstood, and mature deliberation being thereupon had, it appears to the said court here, that the de- clara- ON DEMURRER. sasi darailon afortisaid, and the maUers therein coin- Chap. Uined, are sufficient in law for the said ^.^9. to XXXIX. have and maintain his aforesaid actidn thereof against tlie said C. D. wherefore the said A. B. ought to i-ecover agaipst the said C. J), his damages by reason of the premises: But because it is unknovrn, S(c. (as before, p. 260^ 1.; or if the damages are assessed by the c5urt; '' And because it is suggested, SCc." . as before, p. 267. or in f Jun.s ^ in tin. suit; therefore let the giving oi j augment in this > behalf against the said C. D. be stayed, until the * trial of the said issue above joined between the said parties, to be tried by the country; and as well to ON DtMUHRJtH. 391 try the said last-mcntionerl issuP, as to imiuirr^ of V,ti\p. and awcss the damages wl If-h tin- / H hath XXXlX. sustained by reason of the dctoition of the said debt in tlie said first count of thi; said declaration mentioned, let a jury thereupon conte before our said h)rd tlie king at Westminster, on next at>e, . by whom, *Cc. and who neither, Kv. to I niiize, &V. because as well, 5<"f. ; the hbuic day ' , , is g'vcn to the jmrties aforesaid at the same place For the Toim of a judgment for the plaintiff, on ^ denuirrer to a plea in debt on bond, and suggeution of breaches, &c. on the statute 8 & 9 ?r. III. r. 1 1 . § 8. see the very excellent edition of Saunders ^ by . Mr. Serjeant Williams ^ I V. p. 58. n. 1. (To the end of the demurrer-book, and then as (§33.) follows :) At which day before our said lord the king T'"* '''"^' f" ' ^ •' _ _" ucinurriT to h at Westminster , come the parties aforesaid by their replication. attornies aforesaid: Whereupon all and singular the , , premises being seen, ahd by the court of our said lord the king now here fully iinderstood, and ma- ture deliberation being thereupon had, it appeais to the said court here, that the said plea in manner and form aforesaid by the said A. B. above in reply ,, '' .- pleaded, and the matters therein contained, are • ^ ■ .' *' sufficient in law for him the said J. B. to have aud maintain his aforesaid action thereof against the said C. J), whrri'fore the said A. B. ought to recover against the said C. D. liis damages by reason of the premises: But because it is unknown, SCc. (as di- *' rectt'U in p. 28 '0. ■ , ^2 • (To \ * m 292 / Chap. XXXIX. (§34.) The like, on demurrer to a replication to OHe of several pleas in tres> pass, with a relicli'i verijica- tione as to ap- Othtr. {§ 35.J The like in ahatrmeiit, on ileniuner to a rtyoiuder. JUDGMENTS FOR THE PLAINTIFF (To the end of the demurrer-book, and then as follows:) At which day, before our said lord the king at Westminster, come the parties aforesaid by the irattornies aforesaid: Whereupon all and singu- lar the premises being seen, and by the court of our said lord the king now here fully understood, and. mature deliberation being thereupon had, it appears to the said court here, that the said plea by the said A. B. in manner and form aforesaid above in reply pleaded, to the said plea of the said C. D. by him lastly above pleaded in bar, as to the trespasses in the introductory part of that plea mentioned, and the matters therein contained, a^e sufficient in lavr for him the said A. B. to have and maintain his aforesaid action thereof against the said C. D. And hereupon the said C D. relinquishing his said ple% by him first above pleaded, says that he cannot deny the action of the said A. B. nor but that he the said A. B. ought to recover against the said C. D. his damages by reason of the premises ; wherefore the said A. B. ought to recover his damages against the said C. D. But because it is unknown, 5Cc. (as be- ibre, p. 260, I.) ; ^r • , •. ; - , (To the end of the demurrer-book, and then as follows : ) At which day , befor,e our said lord the king at JFestminsier, come as well the said A. B. as the said C. D. by their attornies aforesaid : Where- upon all and singular the prenwses being seen, and by the court of our said lord the king now here fully understood, and niature deliberation befng there- upon had, it appeal's to the said court here, that the said plea of the said C. I), by him above pleaded • by ,.^ 'J '?^ t>N Nut TiEL hecord. ■ - by way of rejoinder, and the matters tlierein con- tained, are not sufficient in law to qilash the said bill (or writ) of the said A. B. Therefore it is con- sidered, that the said C. D. further answer the said A. B. to his bill (or writ) and declaration aforesaid ; and thereupon a further day is given by the court, here to the parties aforesaid, before our said lord the king at Westminster ^ until — — next after , that is to say, for the said C D. to plead in chief to the said declaration of the said A, B. At which day, before our said lord the king at Westminster ^ come as well the said A. B. as the said C. D. by their attornies aforesaid ; and the said C D. 1by his said attorney, defends the wrong and injury when, 6("c. (proceeding with the plea in chief, Kf.) 293 «>. it i; Chap. XXXIX. 'Cri.fr -*> r. '.> ,^ i*t , ,1 (To the end of the issue, and then as follows:) (§36.) At which day, before our said lord the king at West- f,"e pTaTnti? vii?isterj come as well the said A. B. as the said o" a pita of y-»TA-» 1- • n •! 1..1 nii/tiel record L.D. by their attormes aforesaid ; upon which the i« debt, record aforesaid being seen and inspected by the ^aid court here, it sufficiently appears to the same court, that there is such a record of recovery against him the said C. D. at the suit of the said A. B. as he the said A. B. hath above in that behalf alledged: Therefore it is considered, that the said Judgment A, B. do recover against tlie said C. D. his said ''^"*"'' ^^^'^ debt, and also /, for his damages which he hath sustained, as well by reason of the detaining the said debt, as for his costs and charges by him about his suit in this behalf expended, by the court U 3 of I..- \ I' 294 Chap. XXXIX. ;Mercy. JUDGMENTS roR THJS PLAINTIFF of oiip said lord the king now here adjudged to the said A. B. and witli his assent, according to the form of the statute in such case made aiid provided: And the said C. D. in mercy, Kc, (§r>7.} (To the end of tlic issue, and then as follows:) rtpi>''9ti^n*'"f* ^^-wh'^^* *^*y» before our said lord the king at West- mil lid lerord minskr, coHies the said J. B. by his said attorney ; »nd the said C. D. although solemnly demanded in open court, to appear and produce the said record by him above in pleading alledged, cometh not, nor produceth the same, but therein wholly fails and ' makes default ; wherefore the said A. B. ought to recover against the said C. D. his damages on oc- " ' casionof the premises: But because it is unknpvvq J ' ike. (as before, p. 260, t.) \\\ "V; (§ 38.) Jtidyincnt for the plaiutifF,on a verdict in at' siimpsit, in a tow n cau^e. di , As yet of terra (the term of which issue was joined), in the yea|' of the reign of King George the Third. Witness Edward Lord Ellenborough. , , , . - to wit. A. B. puts in his place E. F. his attorney, against C. J), in a plea of trespass on the case upon promises. '■'■ -f ' ' to wit. The said CD. puts in his place G. If. his attorney, at the suit of the said A. B. in the plea aforesaid. ■ to wit. Be it remembered, that on next after in this same term, before our lord the king at Westminster ^ comes 4.B. by E. F. his at- torney, ll'!a _...!«. Ti'ti^i ON VERDICT. r^t '2£* SMir ^if-jy^fiji-; torney, and brings into the court of our said lord Chap. theking before the king himself now licrc, his ccr- XXXIX. tain bill against C. 1). being in the custody of the marshal of the marshalsea of our said lord the king _ '. before the king himself, of a plea of trespass on the case, Ike ; and there are pledges for the prosecution. ' , thereof , to wit, John Doe 9XiA liichard Roc; which said bill follows in these words, that is to say; (to wit.) J. B. comj)lains of C. D. being in the custody of the marshal of the marshalsea of our lord the now king before the king himself; for that whereas, &V. (here copy the dt:claration to the end, omitting the pledges, and proceed on a new line as follows:) . i<'r^..i-i,'y :]fifs\'^m-'^ -rM^-^if'i^vz^'^^ \ And the said C. D. by G. IL his attorney, comes . and defends the wrong and injury when, ike. atid says that he did not undertake or promise, in man- ner and form as the said A. B. hath above thereof complained against him; and of tills he the said C. D. puts himself upon the country ; and the said A. B. doth the like: Therefore let a jury thereupon come before our said lord the king at Westminster ^ on next after , by whom, iir. and wlio neitlier, &f. to recognize, 6Cc". because as well, isc. the same day is given to the parties aforesaid at the same place : Afterwards the process thereof is con- tinued between the parties aforesaid, of the plea aforesaid, by the jury being respited between them, before our said lord the king at Westminster^ until next after unless the right honourable Edward Lord Ellenboroiigh, his majesty's chief- justice assigned to hold pleas in the court of our said U 4 lord 1 H ' 1 IHI:. 29, If * II '< ' 1 |9;|l ; fflUmi -ll ii ' ; in i 1 ' . Ill If - ' -' - 'Iliiii '■■ 1 ^ UW in ^udgnicnt ' If •|| ■ •'' ■ ■' JJIIr ■• JUDGMENTS FOR THE PLAINTIFF lord the kiqg before the king himself, shall fir^t come on the day of at the Guildhall of the city of London (or i^t Westminster Jiall in the county oi MidtUesex)y KccQX^va% to the form of the statute in such case made and provided, for default of the jurors, because none of them did appear : At which day, before our said lord the king at West-, minster aforesaid, comes the said J. B. by his attor- ney aforesaid ; and the said chief-justice, before whom the said issue was tried, hath sent hither his record had before him in these words, to wit : After- wards j that is to say, on the day and at the place within contained, before the right honourable Ed- 'U'ard lord Ellenborpugh the chief-justice within men- tioned, Emin LaWy esquire being associated to •the said chief-justice, according to the form of the statute in such case ipade and provided, come as well the within-named A.B. ^s the within-named CD. by their respective attornies within-ment'oned ; an(^ the jurors of the jury whereof mention is within made, being summoned, also come, whp to speak the truth of the matters within contained, being chosen tried and sworn, say upon their oath, that the said C. D. did undertake and promise, in manner and form as the said A. B. hath within complained against him ; and they assess the damages of the said J. B. on occasion of the premises, besides his costs and charges by him about his suit in ^jis behalf .expended, to /. and for those costs and charges to s. Therefore it is considered, that the said A. B. do recover against the said C. D. his said da- mages costs and charges, by the jurors aforesaid in form aforesaid assessed, and also -/. for his said costs >!•:# ON VERDICT* 991 -vjt. / pests and charges, by the court of oUr said lord the Chap. king now here adjudged of increase to the said XXXIX* ^. B^ ^d with his assient ; which said damt^s ^osts and charges in the whole amount to ■ ••• 1-, AndthesaidC.Z). in mercy, if,c, ^ercy^ ( A? in the last, to the end of the issue and »ward (§39.) offem/v, and then as follows:) Afterwards the pro- Ti»i*^e,^iB^^ cess thereof is continued between ^he parties afore- withacontino- said, of the plea aforesaid, by the jury being res- dfctVy cwria * piled between them, before our said lord the king at «*««"'«^' Westminster y until ^ next after — — , unless his majesty's justices assigned to take the assizes in and for the county of shall first come on the day of at ■■ ' in the said county, ac- cording to the form of the statute m such case made and provided, for default of the jurors, because none of them did appear: At vyhich day, before pur said lord the king at Westminster aforesaid^ (Somes the said A. B. by his attorney aforesaid ; and the said justices of our said lord the king, before whom the said i^sue was tried, have sent hither their record had before them in these words, to wit: Afterwards, fife, (here copy the postea): And be- cause the court of our said lord the king before the king himself now here, are not yet advised what juHgment to give of and upon the premises, a day is therefore given to the parties aforesaid, before oiir said lord the king at Westminster, until next after ,^ to hear the judgment of the said court thereupon ; for that the court of our said lord the king before the king bimself now here, are not yet advised thereof, hie. At which day, before our .said ■ 1(t-'ift'r S98 .TUDCMENTS Vfffi THE ?LA{kTIFF Chap. XXXIX. (§ 40.) The like, on a sptclal vi.'rUict. said lord the king at Westminsfe)% comff as wc& the said ^. B. by hi» attorney aforesaid, as the said C. D. by his attorney aforesaid : And thcrc^ upon all and singular the premises being seen, and by the court of our said lord the king before the king himself now here fully understood, and ina- ture deliberation being thereupon had, it is con- sidered by the sainc court, tliat the said A. B. do recover against the said C. D> his said dartiages, V- (as i» tl»*ilast)- I'l - k :> ... (As in the two former tothe/?05/'frt, after copying which, proceed as follows:) And because the court of our said lord the king before thd king himself nowhere, are not yet advised, ^V. (as in the last, to the words, '* not yet- advised thereof, &(..**) At which day, before our said lord the king at West- minster, come as well the said ji. B. as the said C. D, by their respective attornicSs afo^^said : And there- upon all and singular the premises being seen, and by the court of our said lord the king before the Jtrng himself now here fully understood, and ma- ture deliberation being thereupon had, it appears to the said court here, that the ^aid C 1). did un- dertake, ^c. in manner and form as the said A. B. hath above thereof complained against him: There- fore it is considered, (i^r.) ' ' '' " ..li .' <> IS The fike, uftor a vcrdirt and a.s!k-ssiTicnt of damages, on the Stat. « & 9 W'. in. f. u. §8. 1 i Therefore it is considered, that the said //. B. do recover against the said C. J), his said de])t, and his damages aforesaid, on occas''oii of the detention thereof, to \s. together with his costs and charge* aforesaid to 40^. by the .aid jury in form aforesaid assessed , •♦-f,rrU*^CN VERDICT. 299 asscRscd, and also /. for his said costs and Chap. charf^es, by the court of our said lord the king be- XXXIXt fore the king himself now here adjudged of increas**, to the said J. B. and with his assent ; which said damages costs and charges in the whole amount to /. It is also considered by his majesty's court here, that the said A. B. have execution against the said C. 1). of the damages aforesaid to -^— /. by the said jury in form aforesaid assessed, on oc-i casion of tlie aforesaid breach of the said condition of the said writing obligatory, according to the form of the statute in such case made and provided : And the said C. D. in mercy, &V. •j- - , '^^ ,,. . >:^. ,:i Tlierefore it is considered, that the said A. B. do (5 42.) recover against the said C. D. as executor (or admi- J'"'Rn>entfor nistrator) as aforesaid, his damages aforesaid by the :i verdict in <7*- said jury in form aforesaid assessed, and also /. TSXroI for his said costs and charges, by the court of our "'*«»'»•»»••««»«•- said lord the king now here adjudged of increase to 300 JUDGMENTS POU THE PLAINTTFF Chap. XXXIX. Mprcy. to the said A. B. and with his assent; which sai(i damages costs and charges in the whole amount to /. to be levied of the goods and chattels which were of the ^aid E. F. at the time of liis death, in the hands of the said C. D. as executor (or admi- nistrator) as aforesaid to he administered, if lie hath so much thereof in his hands to be adnunistered ; and if he liath not so much thereof in his hands to be administered, then the said sum of /. par- cel of the damages aforesaid, being for the costs and charges aforesaid, to be levied of the proper goods and chattels of the sai4 ^* ^' And the said C. D, in mercv, &V. i.~^ iVMiiiivJ'^ :^-^'>il\^.Ji)i hat:. nm (543,) The like, iif Mercy, Capiatur. Therefore it is considered, that the said A. B. do recover against the said C. D. his said debt, and his danoages aforesaid to /. by the said jury in form aforesaid asi^ssed, and also /. for his said costs and charges, by the court of our said lord the king now here adjudged of increase to the said A. B. and with his assent ; which said damages costs and charges in the whole amount to /. And the said C. D. in mercy, Sic. (Or if the defendant has denied his deed , a capiatur should be entered, instead of a. miser icordia, thus: And let the said C. J), inas- inuch as he has denied his deed, be taken, &(c.) ■"ji I (§ 4*) The like, ia 4ebt qui lam, where part is found for the plaintiff, and part for the de- fendant. Therefore it is considered, that the said A. B. who sues as aforesaid, do recover against the said C. D. for himself and our said lord the king, the said sum of /. in the said count of the said de- claration mentioned, parcel of the said sum of /. above demanded ; and that the said A. B. who sues ' I ON VERDICT. 8i,„ as aforesaid have one moiety thereof to his own usC) Chap. and that our said lord the king have the other moiety XXXIX. thereof to his own use, according to the form of the statute in such case made and provided : And the said C. D. i:i mercy, b^c. And let the said A. B. Mercy, who sues as aforesaid , be in merc}'^ for his false com- plaint against the said CD. for the residue of the ^ • said sum of /. whereof the said C. D. is ac- i " quitted ; and the said C. D. go thereof without day, ii,c, Htii ')>'f >u>->i*. »?i :' ■ ', '-'• Therefore it is considered, that the said v^. B. do (MM recover ajjainst the said C. D. executor (or admi- ''*)* '*''*» ■* . ^ ^ • -11 -lift S"">*t on ex«* nistrator) as aforesaid, his said debt, and also his da- cutor or adnu< mages aforesaid by the said jury in form aforesaid where the jury assessed, and likewise /. for his said costs and ^ndMwtsto ' the amount of charges, by the court of our said lord the king now part of the > here adjudged of increase to the said A. B. aod with his assent; which said damages costs and .. •; charges in the whole amount to /. to be levied as to the sum of /. parcel of the said debt, be- ing the value of the said goods and chattels of the ^ Said E. F. so found by the saidjury to be in the hands of tlie said C. D. to be administered, and also as to the said /. for tlie damages costs and charges aforesaid, of the goods and chattels which were of the said E. F. at the time of his death, in the hands of the said C. D. to be administered, if he hath so much thereof in his hands to be administered, and if he hath not so much thereof in his hands to be aciininistered, then the said /. for the damages costs and charges aforesaid , to be levied of the pro- per goods and chattels of the said C. JJ, am as to the i ■■.--> ^ . ■> 802 JUDGMENTS FOR 1*HB PLAlNTlPr Cmak XXXIX. Mercy. tlic rasidue of the said debt, to be levied of the gftodn and chattels which were of the said K. F. at the time of his death, and which shall hereafter come to the hands of the said C. D. to be adminiiitered. And the said C. D. in mercy , 5^f . Thf like, a- guiuiit'uu heir. t:M *\ Mercy. Therefore it is considered, that the said A. B. do recover against the said C. D. his said debt, and his damages aforesaid to /. by the said jury in form aforesaid assessed, and also for his costs and charges aforesaid, by the court of our said lord tlie king now here adjudged of increase to iLc said A. B. and witli his assent; which damages costs and charges in the whole amount to ■ /. to be levied of the lands and tenements which were of the said E. F. in fee-simple at the time of his death, and which came to and are now in the hands of the said C^jy. by hci'editary descent Lorn the said E. F. And the said C. J), in mercy, &(c. (5 ^"7.) Therefore it is considered, that the said A. B. do Tiio like, in recover against the said C. D. the goods and chattels aforesaid, or the said /. for the value' of the same, if the said A. B. cannot have again the said goods and clmttels, and Jiis said damages to s. beyond the value aforesaid, by the said jury in form aforesaid assessed, and also /. for his said costs n and charges, by the court of our said lord the king now here adjudged of increase to tlic said A. B. "' ' ' and with his assent; which s'aid damages costs and charges in the whole amount to /. And the Mercy. said C. J), in mercy, &t'. And hereupon the she- riif is commundcd, tiiut he distrain the said C. D. ... bv ■WW ON VERDICT. hy nil his lands, (5C<*.) and that he answer for the issufs, (vVV.) so that he render to the said A. B. the jr«)ods and chattels aforesaid, or the said /. lor the value of the same ; and in wUiit manner, SOS Chap. XXXIX. (^ 48.) The like. Therefore it is considered, that the said //. B. do recover aj^jiinst the said C D. the goods and chattels, xyhorTpart i« which l»y the jurors aforesaid are above found to he ^°"I"1 .*)?.'■ *'"^', detained hy the said C. D. from the said //. B. or purti irti.«', the said /. for the value of the same, if the said A, B. cannot have again those goods and chattels, , and his said damages to beyond the value aforesaid, by the jurors aforesaid in form aforesaid assessed, and also 1, for Ids said costs and charges, by the court of our said lord the king now here adjuged of increase to the said A. B. and with his assent; whicii said damages costs and charges in the whole amount to /. And the said C. D. in mercy, Kc. And the said A. l. Mercy. , also in njercy for l»is false claim, of the residue of the said goods and chattels, whereof the said C. D. . by the jurors aforesaid is above acquitted; and let the said C. ]). go thereof without day, .Vr. And hereupon the sheriff is commanded, that he distrain, . Vr &V. (as in the last), , . . .•...' For these sections, vide post. Chap. XLV, ,,.t .,^'.- (§49,.',o.) ■- i-A. I ^^-rr '4 1 *•«;; \ I S04 ilTDOMEKTI FOR THE DEF^NDANt ;l! 4f Chap. XXXIX. Judgment of ■moH'prot, for watit of a d«> churatiun, ua cwoimun pru- ccis by biU* ,1 ' Judmrnent ii«Bed, (&c.) V' A» yet of term, (iCt'.J to wit. C. D. puta in his place G. H. hi» attorney, at the suit of W. B. in a plea of trespass. •■■ • to wit. C. D. accorcliny his bill or declaration in any personal action or ejectment against the said C. D. before the end of this present term, (or of term then next ensuing,) being the next term after tlie appearance of him the said C. D. at the suit of the said A. B. Therefore^ it is considered, that the said A. B. take nothing by his said precept (or writ), but that he be in mercy, 5Ct'. And it is further considered by his majesty's court here, that the said C. D. do recover against the said A. B: ' /. for his costs and charges by him laid OTit about his defence in this behalf, by the court of our said lord the king now here adjudged to the said C D. and with his assent, according to the form of the ON A KON-HROS. 305 thfi Statute in such case made and provided; and that the said C. D. have execution thereof, Ktf. Crap. XXXIX. Exucutton. . to wit. C. D. puts in his place G. H. his (5 52) attorney, at the suit of A. B. in a plea of trespass J/IJjIIIJl' **' un the case upon promises (or as the plea is). -, to wit. C. D. late of , according to the form of the statute in such case made and pro- vided, was served with a copy of a certain writ of our lord the king called a special capias ad respondent dum, issuing out of the court of our said lord the king before the king himself, directed to the sheriff of , and returnable before our said lord the ' king, on wheresoever our said lord the king should then be in England, to answer A. B. in a plea of trespass on the case upon promises, to the damage of the said A. B. of /. (or as the plea is); and the said C. D. at the same day appearod^ ^c. (as in the last). . .' (Entry of warrant of attorney for the defendant, (§53.) as before, p. 304.) T'l?''!"'' *" *^ bailable pro- 16 wit. C. D. ^vas trrested by viitue of a *="* ''J' ''"^• precept called a bill of MUUksex, (or of a certain writ of our lord the king called a latilat, or alias capias f &c.) issuing out of the court of our said lord the king before the king himself, directed to the sheriff of- , {ii' a. latitat or alias capias, &c.)and returnable before our said lord the king at Wcstnwu ster. on next after m term now lust past, to answer Jl. B. in a plea of trespass, and also to a bill of the said A. B. to be exhibited against tl»e said C. jD.for /. on promises, (or as the or- X Qtiain 306 JUDGMENTS FOR THE DEFENDANT Chap, ttiain is) according trt the custom of the court of our n.XXXJX. said lord the king before the king himself: And the said C. D. at the same day appeared, and put in special bail by G.II. his attorney, at the suit of the said A. B. And the said A. B. hath not declared, Kc. (as before, p. 304, 5.) '.\ , a'^'.i^^ m (§ 54.) to wit. C. D. was arrested by virtue of a The like, in a certain writ or mandate, directed to the sheriff of rounty-palii- tine. the county-palatine oi Lancaster j and grounded upon a certain writ of our said lord the king called a I latitat y {or alias capitis, &c.) issuing out of the court of our said lord the king before the king himself, directed to the chancellor of the said county -pala- tine, and returnable, 5(c. (as in the last.) •n (§ 55) . to wit. A. B. who brought a writ of exigi thedefvndlnvl/'^^^''^^ ^^ ^^ ^^^^ ^^^ ^^"S before the king himself, •ppcaranoe on ggainst C. D. late of of r? plea, &V-. did not •n engifucms. " ^ ^ ^ ^ ' prosecute his writ aforesaid: Therefore he and his pledges to prosecute are thereupon in mercy, ^c. and let the names of the pledges be inquired, 5;V and the said C. D. go thereof without day, &V. It is also considered, ^V. (as before, p. 304, 5.) ! liJJliW'IfiiillU'i mm' (5 5f,.) The like, in dabt ijui lam. Judgment, b'lgnvd, (&c.) '-^. — to wit. C. D. puts in his place G. IT. lu, j attorney, at the suit of A. B. who as well, S(c. inl a plea of debt on statute. — r— to wit. ^. B. who brought a writ of outj lord the king, as well for our said lord the king for himself, against C. D. of a plea of debt on staJ tute, hath not prosecuted his writ aforesaid: ThereJ ^ forJ fxn (as Rivf DAKt ,e court of our nsclf: And the id, and put in ttlic suit of the I not declared, by virtue of a the slieriff of 1 grounded ui>on le king called a gout of the court the king himself, said county-pala- elast.) i . \ htawi-itof exigi the king himself, plea, &f.did not. ,ereforeheandhis| on in mercy, i^c. be inquired, &ff ' hout day, 5Cf. lt| p. 304, 5.) is place G. TL \^\ ho as well, Kt". in| Lht a writ of owl [id lord the king 4 ^leaofdebt on sta^ t aforesaid: There foti" ON A KON-PROS. !* i'- 901 fore it is considered, that the said A. B. take notliing Chap. by his said writ, but that he and his pledges to pro- • XXXIX. secute be in mercy: And it is further considered, : aCf. (as before, p. 304,5.) ^-iia 7Vi>'\r--r!^'r r For these sections y vide post y Chap. XLIV. (j 57,8,9,60.) (Entry of warrant of attorney for the defendant.) (§ '"•) Judgment of to wit. Be It remembened, &c. (as in an non-/>(Of, for not issue, to the end of defendant's plea, and then as '^^ ^'"^' follows : ) And upon this the said C. D. prays that the said A. B. may reply to the aforesaid plea of him the said C I), and thereupon a day is given by the court here to the said A. B. before our lord the king ^t JVestminsier, until days next after the end of this same term, that is to say, for him the said A. B. to reply to the aforesaid plea of the said CD. the same day is given to the said C. D. at the same place: At which day, before our said lord the king at Westminster f comes the said C. D. by his attorney aforesaid ; and the said A. B. although at that day solemnly called, comes not, nor hath he replied to the aforesaid plea of the said C. D. nor doth he fur- ther prosecute his said suit: Therefore it is consi- Juilgment dered by the court here, that the said A. B. take " nothing by his said bill (or writ,) but that he and his pledges to prosecute be in mercy, Kc. AikI it is fiuther considered by liis majesty's court hpre, &'c. (as before, p. 304, 5.) >. - •• , Xa (thter SOS JUDGMENTS FOR THE DEFENDANT Chap. XXXIX. (§ 63.) The like, for not cnt(!iing thi: issue. wm sigju-il, (&c.) (Enter the warrants of attorney for both parties; and after copying the issue, to the end of the awarcj of the ventre facias f proceed as follows : ) At which day, before our said lord the king at lVestminstcy\ came as well the said A. B. as the said C. D. by their attonries aforesaid ; and the sheriff did not send the writ of our said lord the king to him in that behalf directed, nor did he do any thing thereupon: Therefore, asbefore^ let a jury there- upon come before our said lord the king at West^ minstery on next after , by whom, S^c, and who neither, SlV. to recognize, Kc. because as well, i^c. the same day is given to the parties afore- said at the same place : At which day, before our said lord the king at Westminster ^ came.tlje parties aforesaid by their attornies aforesaid ; and the sheriff did not send the writ of our said lord the king to him in that behalf directed, nor did he do any thing thereupon : Whereupon the said C. D. prays thei court of our said lord the king now here, that the said A. B. may enter the said issue above joined between the parties aforesaid: And hereupon the said A. B. is ordered by the court of our said lord the king now here, that he enter the said issue on next after in this same term, on the peril attending the neglect thereof; the same day is given to the said C. D. there, SCc. At which daj , before our said lord the king at Westminster , comes tha said C. 1). by his said attorney, and the said A. B. although solemnly called, comes not, but makf?s default, nor hath he entered the said issue above jained in the plea aforesaid: Therefore it is consi- dered by the court here, that the said A. B. take nothing A3 IN CASE OP A NONSUIT, 5cC. 309 nothing by his said bill (or writ,) but that he and Chap. his pledges to prosecute be in mercy, Ssc. and that XXXIX. the said C. />. do go thereof witliout day, 5Cf. And it is further considered, ^"f. (as before, p. 304, 5.) . • (As in the last, to the end of the second award of (§ 63.) tlie venire, and tlien as follows : ) Judgmeht as in At which day, before our said lord the king atJVesf' suit. vimster, comes the said C. D. by his said attorney ; and the said A. B. although solemnly called, comes not: And it appearing to the court of our said lord the king now here, that the said A. B. hath negle ted to bring the issue above joined on to be tried, ac- cording to the course and practfce of the said court : ' ,:. /„ ; Therefore, according to the form of the statute in judgment Buch case made and provided, it is considered, that ^'S'"^*^* (^c.) the said A. B. take nothing by his said bill (or writ,) but that he and his pledges to prosecute be in mercy, S^c. and that the said C. D. do go thereof without day, Kc. And it is further considered, &"c. , (as before, p. 304, 5.) Therefore it is considered, that the said A. B. judgment of take nothing by his said bill (or writ), but that he """suit. and his pledges to prosecute be in mercy, SCc. and that the said C. D. do go thereof without Jay, Kc, : And it is fu'-ther considered, isc. (as before, p. .H\ 304, 5.) /^'ic- ";-fxt:y,?i^tir (To the end of the postea, and then as follows : ) (§ 64.) But because it is suggested and proved, and ma- The like, on nitestly appears to the court here, that the cause of dicatur«-act. action aforesaid arose in the principality of IVales, and that the said C. D. was resident within the do- X 3 minion ■■■v.'.u. ■■'iii A. 310 Chap. XXXIX. JUDGMENTS FOR THE DEFENDANT ■ tninion of Wales, at the time of the service of the writ of served on him in this action: There- fore it is considered, that the said A. B. take nothin* by his said writ, (or by his bill aforesaid), against the said C. D. but that he be in mercy foi" his false claim ; and that the said C. D. do go thereof with- out day. Sic. It is also considered, !^c. (as before, p. 304,5.) "-' -^ '' ^ '■■'' ''■. ' ' <" '"« ' ' " ^H ' ^mm U" III Entry of dis- continuance, by bill. (§ 66.1 The like, by (iriginal. ^§ 67.)'* "J Judgment for the defendant, •>p a TKlltprote- qui. Afterwards, to wit, on next after — ^ In ierm, in the year of the reign of our lord the now king, before our said lord the king at West- minster, came the said C. D. by his attorney afore- said ; and the said A. B. did not then and there prosecute his said bill against the said C. /). with effect, but voluntarily permitted his suit to be dis- continued: Therefore it is considered, that the said A. B. take nothing by his said bill, but that jhe and his pledges to prosecute be in mercy, ^f. Anditis further considered, 5Cc. (as before, p. 304,5.) It Is recorded by the court, on — ■ — in • term in the year of the reign of our lord the now king, that the plea aforesaid hath not a day of con- tinuance by th? same roll, beyond the aforesaid : Therefore let the plea aforesaid be discontinued, at the request of the said A. B. &,c. ' ' And hereupon the said A. B. inasmuch as he can- r40t deny the several matters above pleaded '•■y the said C. D. freely here in court ct?nfesses, that he will t\r>uvri K ,•.< not j* ON A NOLLE PROSEQUI, &C. not further prosecute his suit against the said C. D. TJiercfore it is considered by the court here, that the said A. B. take nothing by his said hill (or writ), but that he and his pledges to prosecute be in mercy, 5("f. and that the said C. 1). do go thereof without day, Kc. And it is further considered, Kc. {•^ before, p. 304, 5.) .. ,,^^ ^.;, .,.-,,.,^^,. 3U Chap. XXXIX. (5 e9.) And hereupon the said A. B. freely here in court (§ ^^•) confesses, that he will not further prosecute his suit JpartfcuuT '' against the said C. D. in respect of the premises in <=*"»'»* the count of the said declaratit:>n mentioned; Therefore, as to the prcniises.in tliat count mention- ed, let the said C. D. be acquitted, and go thereof without day, &<;. iu.Lii^'6'^ ^ira fejfi LJil.v«t ^^fsMi'mC; • And hereupon the said A, B. inasmuch as he cannot deny the several matters above pleaded Cassi-tur biU» by the said C. D. but admits the same to be tru«, ^ '"*• prays judgment, and that the said bill (or writ) of him the said A. B. may be quashed, to the intent that he the said A. B. may exhibit a better bill (or sue out a better writ) against the said C. D. There- fore it is considered by the court of our said lord .«o W»i -^T the king before the king himself now here, th^ ^^ " V^^t*? the said bill (or vvrif ) of the said A, B. be quashed, * 1 ! i • .if^r' M VlfliV «2v • . . iurx IMS f):»n£'i iA 'h..(: uifi ml naw!,ti''f* i'^^) ^.h^^ U i w X4 vS* Tc^ 312 (.'- JUDGMENTS FOR THE DEFrNDANT CHA?. XXXIX. (§70.) Judgmunt for the defendant., on demurrer to a plea. ; :: 1 Judgment signed, (&c.) (To the end of the demiirrer-book, and then as follows:) rj., :-, . -,j.i.,rr.., ■ -.,;..-■•;. ■.. - .•,-':?■» At which day, before our said lord the king at Westminster^ come the parties aforesaid, by their iattornies aforesaid: Whereupon all and singular the premises being seen, and by the court of our said lord the king now here fully understood, and mature deliberation being thereupon had, it appears to the said court here, that the said plea above pleaded by the said C. D. iii manner and form afore- said, and the matters therein contained, are suffi- cient in law to bar the said A. B. from having or maintaining his said action against the said C. D, Therefore it is considered, that the said A. B. take nothing by his said bill, but that he and his pledges to prosecute be in mercy, fiCc. and that the Said C. D. do go thereof without day, U,c, And it is further considered, H^c. (as before, p. 304, 5.) ( §71.) The like, on a plea of nuL tiel rtcord. Judgment signed, (&c.) (To the end of the issue, and then as follows:) At which day, before our said lord the king at iVestminsterj come the parties aforesaid, by •dieir attomies aforesaid; and the said A. B. hath not here in court the record of the supposed reco- very in the said declaration mentioned, but hatli failed and made defauljt. in producing the same: Therefore it is considered, that the said A. B. take nothing by his said bill, but that he and his pledges to prosecute be in mercy, SCc. and that the said if. ON VERDICT. nn the king at aid, by their and singular court of our ierstood, and ad, it appears lid plea above nd form afore- led, are suffi- trom having or the said C. D. said A. B. take and his pledges it the Said C. D, nd it is further 5.) said C. D. do go thereof wi'.hout day, Uc. And it Ch^p. is further consideied, i^c. (as before, p. 304, 5.) XXXIX, as follows:) lord the king aforesaid, by said A. B. hath supposed reco- ioned, but hath icing the same : said A. B. take and his pledges and that the said .ir- (To the end of the issue, and then as follows:) (§ '?2.) Afterwards the process thereof is continued be- tire defendant, tween the parties aforesaid, of the plea aforesaid, onf»^«r<*»ct at by the jury being respited between tluiin, before our said lord the king at 1 Vest minster, until next after , unless his majesty's justices as- signed to take the assizes in and for the county aforesaid, shall first come on the -— day of •..,., „1 , — — in the year of the reign of out said lord ' ►-' ;:;'•.> « the king, at inthecounty aforesaid, according to the form of the statute in such case made and t provided, for default of the jurors, because none of them did appear: And now here at this day, comes the said C. D. by his attorney aforesaid ; and the said justices of assize, before whom the said ^ issued was tried, have sent hither their record had ^before them in these words, to wit: Afterwards, £i(c. I (to the end of the postea). Therefore it is consi- JuJ«mpnt dered, that the said A. B. take nothing by his said bill (or writ), but that he and his pledges to prose- secute be in mercy, 5Cc. and that the said CD. do go thereof without day, SCc. And it is further con- sidered, ^c. (as before, p. 304,5.) .. . ,;,- (As in the last, to the words " none of them did (5 73.) appear," and then as follows:) The like, foT« At which day, before our ^aid lord the king at fendam. Uatminster, come as well the said A. B. by his at- torney signed, (&c.) . V ♦ ^\i JUDOMffXTS KOH TMK nr.rKNnAVT i >m ,i|:»-'^»*^ ■ :a mm I. I' iji . /it J W , Jti(!)nnrnt »i|(ned, (&c.) Chap. lorm^y .nforcsaid, as the said C I), by his jittornoy • fcAXIX. aforesaid; and the said K. F. <:omes nof : And iW. ' »y '* ■ said jtistirt's ofassi/o, hcfore \vl)oui, [Kc. ) havo sent ,^ hiduM- their ri'Oord had hnfore them in these words, to wit: Afterwards, Kt\ (here copy tlie posted). And upon this the said C. D. gives the court here to understand and he informed, that after the last continuance of the pK^a aforesaid, nnt' before this day, to wit, on the said E. F. died, to wit, at and the said C. D. there survived him, which the said //. B. does not deny, hut admits the same to b<* true; wherefore the said C. D. prays judg- ment of and upon the premises; Therefore it is considered, that the said A. B. take nothing by liis bill aforesaid, but that he and his pledges to prose- cute be in mercy, &V. and that all further proceed- ings as to the said E. F. be stayed, and the said C. D. do go thereof without day, Kc. And it is further considered, &V, (as before, p. S04, 5.) • (§74.) . For this section y vide post, Chap. XLIV. Therefore it is considered, that the said yi. B. do recover against the said C. D. his damages aforesaid, by the jurors aforesaid in form aforesaid assessed; And because it is suggested and proved, and mani- festly appears to the court here, that the said C. I). at the time of bringing this action, did live and re- side in the said county of Middlesex^ and was liable to be suunuoned to the county-court of Middlesex aforesaid: It is firthcr considered by the sjiid court here, that the said C. D, do recover against the said ui. B. the sum of /. for his double costs of suit in this bciialf, by the said court here adjudged to the said :# (5 •'5.) TbeliJte, for double rosts, on th»? court of (•onsripiirc set for Middle- Mi: .TuflsiTifnt signed, (4c.) ON VERDICT. S15 said C. D. and witli his assent, according to the form of the statute in such case i\.aue and provided; and that the said C. D. huve execution thereof, f£,c. (After the postea^ proceed us follows:) ■; >i»i Therefore it is considered, that the said A. n. do recover against the suid C. J). hi« (iamagcs afore- said, in form aforesaid assessed: And upon this the said C. D. gives the cotirt here to understand and be informed, that this action was brou'^ht against him the said C. D. by tiie said J. B. after the first day of June, in the year of our Lord 1803; and that he the said C. D. was arrested and held to special bail therein to the amojint of the sura of — — /. which the said A. li. doth not deny, but admits the same to be true : And because it has been also suggested, and made appear to the satisfaction of the court here, upon motion made in court for that purpose, and upon hearing the said parties by affidavit, according to the form of the statute in , such case lately made and provided, thatthe said J. B. the plaintiff in the said action, had not any rea- sonable or probable cause for causing the said C. D.to be arrested and held to special bail in such amount as aforesaid ; therefore by a rule or order of the same court here in that behalf made, according to the form of the statute r^'orosaid, it is ordered and directed, that th(? said CD. be allowed his costs of this action, to be taxed by the master; and which costs were afterwards duly taxed by h)m, at the sura of /. And thereupon it is further considered by the said court here, that the said C. D. after de- ducting the said sum of /. so recovered by the said Chap. XXXIX, yiii.^iridMnn on flat. 4:» Of ). 111. /•. :^'.^' '.i . .; .lu-ji-^ J (§ Tfi.) ^ memorial to be registered, pursuant to th« Mrmoriaiofa * * *. nr. \ judgment. Statute, \csc.) .t. , . . ,,',.c. ,.,. , i, v/ a--- -, Of a judgment in his majesty's court of King's Bench, of term, in the year of the reign ot king Georgre the Third, between //. B. plaintiff and C. /). defendant, in a plea of, (&V.) Roll — . « '77.) Certtficute of the master tht'ccoa. I do hereby certify, that judgment was signed in the above cause, tlie day of 18 — . Robert Fo)^tcr. (§ 78.) E. F. of makcth oath and saith, that he was Affidavit of present and did see Robert Forster esquire, secon- siga&ture. '^ / dary of the court of King's Bench, sign the certi- ficate of the judgment in the memorial above-men- tioned. ■'"_■■■ ' " ' ' • ' -^' ■; . Sworn, (Sfc.) ''^ -y^-'v * '^^ ■ ;^: ■ — i; -» ^. /; I I t a H tJ .I.r i» 1 '•) ■ A-\ :. n hi hu wmii |i:'''i Isii. ''■A ■fl [ sn ] CHAP. XL. Of Costs. r ■i,\. In the King's Bench. C. J), of ^l.B. plaintitT, and Aftidnvit for C. D, defendant. i«iuvc to tutLr fiUKgestioti for maketh oath and saith, that he '"^t'*. on the court of con - 11 111 1 I ■ • rr I couii. oi fon- this deponent and the above-named plaintin at the scionto act for time of the commencement of this suit were, and ev«',r since have been, and still are respectively inha- biting and resiant in the city of London ; and that he this deponent hath been for and during all that time, . . . and still is liable to be summoned to the court of re- T quests held at the Gnildluill of the said city ; and that the said plaintiif, on the trial'of the said cause, ' cbtained a verdict for and no more. Svvorn, {Ki:.) CD. A. B. Nit is ordered, that the attorney for tlie (§2.) f .,k.,ii ..:..„ ,^.(jt:i(,c ty ]\],. attorney for l^u'colxp . . . s^'i't «t tuxii of the time ot taxuig costs be- costs. tween the parties, tliat he may be present if he thinks fit. , . . ' ■ _v. -- shall give notice to Mr C. D. ^ the re tuxiug In the King's Bench. , ' ' A. B. plaintiff, ^< g v and Affidavit of ia-i rv C. /). defendant. """'■-■'^'~*'*- E.F.ol gentleman, attorjiey for the above- liamed plaintiff, and A. B. of -the said plaintirf, severally .I,<• »\ .'*.• ■ m ■ ' • ■ ■,■.'• ■■Mi : • ^ - _-. . , . ■ -.^4 ' - ^■r'i'-^i'i „ ,,--\:;a --'-^■f,- CHAP. XLL :."'■'..- " S'Vj-iJ. ' ■ ,^>.-.;aiii.sl tiif tes- tator or iatesi- tatv. George the Third, (Ssc.) To the sheriff o£, greeting : We command you, that of the goods and chattels which were of CD. deceased at the time of his death, in the hands of E.F, executor, Hsc. (or administrator, ^e.) to be udmi'istered, in your bai- liwick, you cause to be made /. which ^.B. lately in our court before us at Westminster, reco- vered against the said C. D. for his damages, (3^f.) whereof the said C 1). was convicted, as appears to us of record : And whereupon it is considered in our said court before us at Westininster aforesaid, that the said ^. B. have his execution against the said E. F. as executor (or administrator) as afore- eaid, ofthe damages aforesaid, of the goods anil chattels which were of the said C, Z>. at tha time of r • his BY FIERI FAblAS FOR PLAINTIFi'. Ms death, in the hands of the said E. F. as exiEciitor (or adininistratolr) as aforesaid to be administered, according to thfe form and effect of the said reco- very : And have that iiiohey, 5Cc. (as before, p. 320.) and have therfe then this writ. Witn6Ss, {if^c.) 323 Chap. XLI. .« » George the Third, (5fc.) To the Sheriff of — ' (§ 6-) greeting : We cdrhtiiand you, that 6f the goods and J^^^^^^ "" * chattels in voiir bailiwick, which wete oi E. F. de- against an ex- ccutor or hu- ceased at the ttrilfe of his death, in the hands of C. D. ministrator, dt executor, SCc. (or administrator, Kc.) to be adnii- ^^;!; '''""''''' nistercd, you cause to be made 1, which A.B. lately in our court before lis at Westminster, reco- vered f«vainst the Said C. D. as executor (or admr- nistrct:-' ' aforesaid, for his damages which he had SI .. .c:d, as' well on occasion of the not per- forming certain promises and undertakings, madd by the said E. F. in his lif6-time to th6 said A. B, as for his costs and charges by him about his suit in that behalf expended, whereof the said C. D. \i cdnvicted, is appears to us of record, if the said C. Z). hath ^o much therebf in his hands to be administered '; and if he hath not so much thereof iii his hands to bd administered, th6ft that you cause to be made /. parcel 6f ttife damages aforesaid, being for the costs and charges aforesdid, of the proper goods' and chattels of the said C. D. in your^batliwick ; and halve that money , ^'"c. (as before, p. 320.) George the Third, {y:c.) To th6 slieriffo^ --^ fn-) greeting : WecO^iharid you, that of the goods and Fieri fatiat irv chattels of C. D. ill yoiir Bailiwick, you caiise to be made a certain debt of — -/. which \^. B. lately in' our court befote' us at fVtstminster, recovered aga!inst Y 2 liim, m i! Ill; Si la'iw'Vi! i^ii! ill 324 Chap. XU. i. '^r The like, in dtA)t qui tam. him, and also BXECUTIOM , , .- , — /. which in our same court be- fore us at Westminster aforesaid, were adjudged to the said A. B. for his damages which he had sus- tained, as well on occasion of the detention of the said debt, as for his costs and charges by him about his suit in that behalf expended ; whereof the said C. D. is convicted, as appears to us of record ; And have that moiiey before us at Westminsttr ^ on next after , to render to the said A.B. for his debt and uumagcs aforesaid ; and have there then this writ. Witness, (^c.) ^ ,, • -.'iv /^ George the Third , ( SsV . ) To the sheriff of greeting : We command you, that of the goods and chattels of CD. in your bailiwick you cause to be made a certain debt of /. which A. B. who sued as well for us as for himself in that behalf, lately in our court before us at Westminster, recovered against the said C. D. that is to say, one moiety thereof to the said A. B. who sued as aforesaid, to i>is own proper use, and the other moiety thereof to our own proper use ; (and if the judgment was for costs, add, ** and also /. which in our said court be- fore us were adjudged to the said A. B. who sued as aforesaid, and with his assent, according to the form of the statute in such case made and provided, for his costs and charges by him abgut his suit in that behalf expended ;") whereof the said C. D. is con- victed, as appears to us of record : And have that money before us at Westminster y on nejct after to render one moiety thereof to us, and the other moiety thereof to the said A. B. who sued as aforesaid ; (or if there are costs, ** one moiety of the said debt of /. to us, and the re^iiduc there- ^ ' ot, ii X. BV FIERI FA6iAS FOR PLAINTIFF. 325 of, as well as the said sum of /. for the costs Chap. and charges aforesaid, to the said yf 3. who sued XLI. as aforesaid;") and have there then this \Vrit. , Witness, {Kc.) ^ • . . George the Third, (&V. ) To the sheriff of (§ 9) greeting : We command you, that of the goods and J'|*;''''^V";,, chattels of C. D. in your bailiwick, you cause to be trinias in dcti- niade a certain debt of /. which A. B. lately in 9 aIuj.^ «. Ui our court before us at Westminster, recovered against him, and also /. which in our same court were adjudged to the said A. B. for his damages which he had sustained, aS well on occasion of the de- " ; tention of the said debt, and of ascertain metal » . 'C" watch, which the said A. B. also in our said court before us at Westminster aforesaid recovered against him, as for his costs and charges by him about his suit in that behalf expended ; whereof the said CD. is convicted, as appears to us of record; And have that money, (&V.) : We also com- mand you, haX you distrain the said C. D. by all his lands and chattels in your bailiwick, so that neither he nor any one by him do lay hands on the same, until you shall have ahother command from us in that behalf, and that you answer to us for the issues of the same, so that he render the saul watch to the said A, B. ; wliercof the said C. D. is also convicted, as appears to us of record : And have there then this writ. W^itness, (iTc.) George the Third, {Kc.) To the sheriff of (§ 10.5 greetmg We command you, that of the goods and T'l*!'','^'^ '" , i- . . debt, by and chattels of G-. H. and J. A, in yovir bailiwick, you agai.ist snniv- cause to be made a certain debt of— — /. which "** P^'^'"'^"- A.B. C.J), and F.F, in the life-time of the said X 3 £. F _''■.■ ' V ., 3,26 vcr Chap. XLI. '.j.i i f, £. F, now d^c^sed, ^n4 ^^PW ^J^c said 4- ^- and C /). have survived} J^tely in our court before us at Wnstminstery recovered against the said G. H,. and /. K, and L. M. in his life-time now decease^, and w! om the said G. H. and J. K. have survived, and also /. which in our same court before us at Westminster aforesaid, were adjudged to the said A.B. CD. and E.F. for their damages, (&"c.) whereof the said G. H. J. K. and Z. M. were con- victed, as appears to us of record : And have that money, fife, (as before, p. 320.) >'i:l: {% 11.) The like, af^ainst an ex George the Third, (fiCc.) To the sheriff of greeting : We command you, that of the goods and crutoror admi- chattels, {H^c.) you cause to be made a certain debt of hmisteniatoris, 1- which A.B. lately in our court before us at ^'^' Westminster y recovered against the said C. D. as executor (or adminiiitrator) as aforesaid, and also . ' 1, which in our said court before us at West- minster aforesaid, were adjudged to the said A. B. for his damages, i^c. (as in a common fieri facias in debt,) if the said C. D. hath so much thereof in his hands to be administered ; and if he hath not so much thereof in his hands to be administered, then that you cause the damages aforesaid to be made of the proper goods and chattels in your bailiwick of thesaid C/). And have that money, STr. (as before, p. 320.) '- ^'^'^ * ■ -';.'.' ; ^ • (§12.) Fieri Jacias in eov«nant. George the Third, fSCr.) To the sheriff of greeting : We command ymi, that of the goods and chattels of CD. in your bailiwick, you cause to be made /. which A. B. lately in our court before us at Westminster f recovered against the said C. D. for on mit on 1 A. B. and before us at I G. H' and ipeased, and rvived, and efore us at to the said lages, ij^c.) f. were con- [id have that eriff of te goods and srtain debt of before us at lid C. D. as id, and also us at IVest- le. said A. B. fieri facias in :hereof in his hath not so listered, then .0 be made of r bailiwick of [c. (as before, icriffof :he goods and lU cause to be ■court before ihe said C. D. for •BY FIERI FACIAS FOR PLAINTIFF. 327 for his damages which he had sustained, as well on Chap. occasion of the breach of a certain covenant made XLI. between the said A. B. and the said C. I), as for his costs and charges by him about his suit in that be- half expended ; whereof the said C'. /^. is convicted, as appears to us of record : And have that money, &V. (as before, p. 320.) For his damages which he had sustained, .is well (5 i^) on occasion of a certain grievance then lately com- '"*''»'"^' mitte'd by the said C. D. to the said A. B. as for his costs, (^f.) , " For his damages which he had sustained, as well (§ 14.) on occasion of the converting and dip->osirig 6f cer- ^" *'^"^"- tain "-oods and chattels of the said y*. B. bv/the said C./). as for his costs, (STc.) ' . For his damages which he had sustained, as well C§ i5) on occasion of the speaking and publishing of cer- fu/ w^rdi^*^ ' tain, false, scandalous, malicious and defamatory words, then lately spoken and published by the said C. D. to of and concerning the said A.B. as for his costs, {S(c.) '-^ • - - To)' this section J vide post, Chap. XLIV. (J 16.) For his damages wMch he had sustained, as well (§ n.) on occasion of a certain trespass then lately com- ^" trespass. mitted by the'said C. D. as for bis costs, {^c.) For his damages which he had sustained, as well (§ 18.) on occasion of a certain trespass and assault then a^',,'uj"t^'^^' ^°* Y 4 lately T |tf 32i EXECUTIOM CiiAP. lately committed by the said C. D. on the said A. B. XLl. as f^r his costs, (5(c.) ■., - ' ij 'r (§19.) For this seci ion, viile pp^t, Ch&'p.XLV. i ::i>' (§ 20.) 7*0 n county- pitla^iue. George the Third, {&Cc.) To the chancellor of our county-palatine of Lancaster^ or to his deputy there, greeting : We command you, that by our yvrit under the seal of our said county-palatine to be duly made, and cjirected to the sheriff of the same county, you command the said sheriff, that cif the goods and chattels of CD. in his bailiwick, he cause to be made, (STc) whereof the said CD. is convicted, as appears to us of record : And have you that money before us at Westminster, on next after to render to the said A. B. for his damages (or debt and damages) aforesaid ; and Jiave there then this writ. Witness, (&ff.) (§21.) ^ftcr scire fa- cins, I)}' de- 'fawJt. (As in a commqn feri facias, to the words, ** whereof the said C J), is convicted, as appears to us of record :" ) And whereupon it is considered ip our same coiu't before us, that the said A. B. have his execution against the said C D. of the damages (or debt and damages) aforesaid, according to the force form and effect of the said recovery, by the default of the said C D. as also appears to us of re- pprd : And have that money, 5Cc. (ashefore, p. 320.) * (§22.) whereof the said C.D. is convicted, (SCr.) The like, after and also -^ /. which in our said court before us p ea or e uu - ^^j,g adjudged to the said A. B. according to the form of the statute in such case raadjj and provided, ■ ' for BY FIERI FACIAS. FOR PLAINTIFF. 329 for his costs and charges by him laid out in and about the prosecution of our writ of scire facias, for having execution upon the said judgment, for the damages (or debt and damages) aforesaid: And ^■/hereupon it was after plea pleaded (or demurrer joined) therein, considered in our same court before us, that the said ^'1. B, should have his execution against the said CD, -f the damages (or debt and damages) aforesaid, according to the force form and effect of the said recovery, as also appears to Vs of record : And have the said monies, ^c. (as before, p. 320.) * ♦ . Chap. XLl. ,-5l'Xl''; k i» tciiejiicioi. George the Th\rd,{S(c.) To the shcriflFof (y^r^.) greeting : We command you, that of the lands Jj|,*/{t*the goods and chattels of C.J), in your bailiwick you lant's, &"• of » , , • 1 1 r » defendant din- cause to be levied and made a certam debt ot /. cimiKed undtr which J. B. lately in our court before us at U'cst- l^^tl^^^^ala. minster f recovered against him, and also /.*«. for the costs which in our said court were adjudged to the said A. B. for his damages which he had sustained, as well on occasion of the detention of the said debt, a,s for his costs and charges by him about his suit in that behalf expended ; whereof the said C, D. was convicted, as appears to us of record : And whereupon it is considered, in our same court be- fore us, that th(3 said A. B. have his execution against the said C. D. for the debt and damages aforesaid, to be levied not on tlie person, but on the lands, g( ods and chattels of the said C. J), as also appears to us of record : And have that moi. .y before ijs at Westminster, on next after , to render to the said A. B. for his debt and da- jnagcs aforciraid : We also command you, that you take !' ill! i \ !• •':.ii 3 'JO Chap. XLK EXEcirrroN hike the said C D. if he be found in your hailiwicic, and him sufoly ke^p, so that you may have his body before us at H'tstminstei\ on the rrturn-day afore- said, to satisfy th I 1 • 1 1 1 • 4. I- r ^ Fieri facia*- om inade /. which Uuely in our court betorc us at ^ nQn-j>rox, f« IVestminstcr^ were adjudged to C. D. according to "J|'^j'','^jj5*^"* the form of the statute in such case made and jjro- MniiiwntnK vidod, for his costs and charges by him laid out in and about his defence of and upon a certain precept called a bill oi Middlesex, (or our certain writ of ,) issued out of our said court before us, at the suit of the said A. B. against the said C. 1). for that the said A. B. had not declared thereupon, in our said court before us, by his bill or declaration in any personal action or ejectment against the said C. D. before the end of term, in the year of our reign, being the ne\t term after the appearance of tlie said C. D. at the suit of the said A. B. whereof the said A, B. is convicted, as appears to us of re- cord : And have that money before us at Wotmiru stcr, on next after , to render to the said t\ D. for his costs and charges aforesaid ; aadhavo. there then this writ. Witness, (&V.) ■:'.;'»;.■. , -, ' " For his costs and charges by him laid out in and {§26.) about his defence in a certain plea oi trespass on '^^'^.'''^«» ''f tlie case upon promises, to the damage of the said, A. B. of /. (or as the plea is) then lately com- - mcnced and depending in our said court before us, at the suit of the said A. B. against the said C. D, . ' for that the said A. B. had not prosecuted his writ against the said C. D. in the plea aforesaid ; whereof, i; the said A. B. is convicted, 6sc, (as in the last.) For IR 1 S||i|]i;|;' m ^iiit'll iii|f!ii ■HI 1 HHn' 1 333 XLI. Th«' like, for not replying. F.XECUTIOW, &C. For his costs and cIinrR«R l)y him laid out in and about his defence in a certain action of tt'(>s))ass on the. cnsf. upon promises (or as the action is), then lately conimonred and depcndin^;^ in our said court before us, nt the suit of the said y4.Ji. against the suid C. D. for that the said /t. B. had not replied to certain pleas then lately pleaded by the said C. D. in the said action, or further prosecuted the same ; whereofthe said J. B. is convicted, Kc. (as in the two last, ) « 98.) The lil»<*, for n<>( surrijoin. log. For his costs and charges, {Kc.) for that the said A. li. had not surrejoined to certain rejoinders then lately made by the said C. D. in the said action, or further prosecuted the same ; whereof, Kf. (as he, fore.) ■■:■' , ,;. • •': .'-nvrv' ?'.';■ ' .■ Th*" likf. for not entering the iaisue. For his costs and charges, (&V.) for that the said yl.B. had not entered a certain issue (or fcitain issues) then lately joined between the said ^LB. and the said C. J), in the said action, or further prose- cuted the same ; whereof, is'c. (as before.) (5 .10.) For his costs and charges, (SCc.) for tliat the said Tiioiiko.on 8 J ^ i^gj neclccted to bring a certain issue before juctirini'Dt as \\\ " "^ ra^L- of u non- thcn joined in the said action , on to be tried , accord- ing to the course and practice of the said court ; whereof, &f. (as before.) -," 'f v ; (§. 11) For his costs and charges by hini laid out in and Thr like, on a about his defence in a certain action of trespass on iiun:>uit. , ' the case upon promises (or as the action is), lately brought in our said court before us, by the said A. B. RETUKNS TO FIKRJ FACMAS. •/. B. uguintt tliL* stticl C.I), fur that tliu said J. It, did nut piijsciutu tliu Huid iiftioii ; whereof, i*f. (;w before.) m C'hah. XLI. 1 or his costs and chiirt^eft l>y him hiid out in atid ''5 ^'^O about his defence in a certain action of trespass on ll!^^,^ll\"^l^*^* the case upon promises (or as the action is), lately »ci»ili«ut. proiccutod in our said court before us, by the k id J.li, against the said CD. whercol", isV. (as bu- lore.) ■> ' ■ r , i-.' ■ "> '.-./■■' ■ ... •■- /^. ' >, ■- ^ The \vithin-nan>ed ('. 1). has no goods or chattels ( r, ,. , in my bailiwick, wiieroof 1 can cause to be made Rct\; aiAdullt the dauiJigcs (or debt and danjage.i) within-men- tioned, or any part thereof, accurtling to the, exi- gency of this writ. The answer of sheriff. The within-named C. 1). has no goods or ciiattols, (^ r^.) nor any lay foe, in my bailiwick, whereof 1 can ^""'<", ^nA J J ^ J ' that tin; (J«;- cause to be made the damages (or debt and damages) flmlnnt is a witiiin-mentioned, or any part thereof, asvi i.-ii I (.I^Lrk.Ac. am commanded; but I do hereby certify, that the . ^ »> said C. J), is abeni'Iiced clerk, to wit, rec'orofthe • . > ' rectory (or vicar of the vicarage) and parish church o^ in my county ; wiiich said lectory (or vicar- age) and parish church arc within the diocese of the rtverend father in God by divia« permission, lurd bishop of -. . ,i . i '. ■• * I ', ^ i.i . • " ' .' ' ' . "• . Thcau.ivver, (^V.) The 334 RETURNS To FIERI fAClAS. Chap. XLI. (§ 35.) Nulla Bona tes- tator/t ni'C pro- priti, ill an action agninsit ■An «-xec«t()r or uiliniuistra- tur. The within-named C. I). lias no goods or chattels which were of the within-named E. F. at the time of his death, in his hands to be administered^ in my bailiwick, whereof I can cause to be made tbe da- mages (or debt and daniages) within-mentioned, or any part thereof; and he has not any of his own proper goods or chattels, in my bailiwick, whereof I can cause to be made the within-mentioned sum of /. parcel, &V. (or in debt, " the damages aforesaid,") or any part thereof, according to the exigency of this writ. The answer, (&V.) i 11 (5 J6.) The within-named C. D. has no goods or chattels, The Ilk.;, with ^ / before) but divers ^oods and chattels which were of the said £. F. at the time of his death, to the value of the damages (or debt and damages) within-mentioned, after the death of the said E. F. came to the hands of the said C. D. to be admini- ■ stered; which said goods and chattels the said CD. hatli before the coming of this writ to me directed, eloigned, wasted, and converted to his own use. . - ,■ The answer, [i^c.) lli:iii!!iii4!!J ■■'■\ J ■ ih r.T.) Fieri fcii. By virtue of this writ to irie directed, I Have caused to be made of the ooods and chattels of the within-named C. D. the damages (or debt and damages) within-mentioned; which 1 have ready before the lord the king, at the day and pldeef within contained, to render to the said^i. B. for his damages (or debt and damages) aforesaid, as within 1 4m commanded. ' . The answer, {isc.) By RETURNS TO FIERI FACIAS. 3:5s ds of chattels ^. at the time istered) inmj made tbe da- mentioned, or ,ny of his own wick, whereof iitioned sum of the damages wording to the answer, (&V.) ods or chattels, chattels which )f his death, to and damages) the said E. F. to be admini- thesaid CD. o me directed, bis own use. answer, [i^c.) jirected, I have chattels of the (or debt and 1 have ready lay and plded id A. B. for his , as within answer, (Sft.) By By virtue, {S(c.) I made my mandate to the bailiff of ii\ F. esquire, of his liberty of , who Chap. XLI. hatli the execution and return of all writs and pro- .... . , ... 11 I T"''*' like, tipon cess withm the said liberty, and without whom no a rM,;«(/.u)/m.i- e.xecution of tliis writ could be made by me withiu.'!^* the same; which said baiiitf hath returned to mc, ' " '; that by virtue of my said mandate to him thereupon directed, he hath caused to be made of the goods and chattels of the within-named C. J), the damages (or debt and damages) within-mentioned; and that he hath that money ready before the lord the king, at the day and place within contained, as by my .said mandate he was commanded. • > ■. r : . : r :. -v The answer, {S(c.) ,, By virtue, {Ssc. ) I have caused to he made of the goods and chattels of the within-named C. J), the sum of — (§ 39.) F/rrijWi tor purt, and nul- l. which money I have ready before i'''>onaas\.n 1 » 1 L 1 • 11 ■ '1 ^'^'^ residue. the lord the kmg, at the day and place within con- tained, to render to the said A. JB. in part of his damages (or debt and damages) within-mentioned: And I further certify to our said lord tiie king, tliat the said C 1). has not any other or n>ore goods or / chattels in my bailiwick, whereof 1 can cause to be made the residue of the damages (or debt and da- mages) aforesaid, according to the exigency of this writ. ■■ „ .; . ■ ■■ ..,, ■■...,-, •:-^/ :•: ■:.. Theanswer, (S(V.) V * . ■ '. By virtue of this writ to me directed, I have caused ^§ ^-^ to be made of the goods and chattels of the Jfat Ih^e'.^i '"iff vvithin-nanted C. J), to the value of ( further certify, tha.t I have paid to -/. And ^^'^' P^'*^ P"""' of the sum Ic- theland- viei to Uio Jerd of the premises on which the said goods and \Tui/''^ ^""^ chattel'; 1 1 ':M- 336 RETURNS TO FIERI FACIAS, i tu, I I, \'' !« Chai». chattels were taken, the sum of /, for rent due to him for the said premises at — last; and that I have retained in my hands the sum of /. for poundage upon the said sum of /. -/. the — /. I The Ilk ii mtindt tivu, under special oir- ••umstiuii.'cs, ^making together with the said sum of — , i: sum of /.and the remaining sum of t have ready, as within I am commanded: And the said C. 1). hath not any other or more goods or chattels in my bailiwick, whereof I can cause to bi; made the residue of the damages (or debt and da- mages) within-mentioned, or any part thereof. The answer, (&"t\) (§ 41.) By virtue, i^c.) I liave sent my mandate to ve, upon the bailifr of the liberty of in my county, who liath the execution and return of all writs and process within the same liberty, and witli^ out whom no execution of tliis writ by me could be made within the same liberty ; which said bai- liff hath answered me, that by virtue of the said mandate to him directed, he took in execution divers goods and chattels of the within-named CD. which he kept possession of for the space of days, and at the expiration of that time sold by public auction, by the direction oi E.F. the attor- ney of and for the within-nanicd A. li, and that the said E. F. as such attorney of and for the said A. IL was the higliest bidder for, and declared the buyer at such sale of divers of the said goods and chattels, to the amount of -^ /. which sum still r«- •umins unpaid ; and that the said bailiff caused to be made of the said goods and chattels so taken in exe- cution, over and besides the said sum of /. the sum of U out of which hist-mentioncd suu} ■ . of IAS. /. for-^-^ es at last ; ids the sum of d sum of A 1 of /. the sum of /. I mded: And the mote goods or can cause to hv or debt and da- »ait thereof, le answer, (&t'0 my manctate to m my county, rn of all writs srty, and witli- rit by me could which said bai- •tuc of the said k in execution Ihin-named C.B. space of lat time sold by £. F. the attor- J. B. and tliat and for the said l\nd declared the said goods and ich sum still re- lirt caused to he so taken in exe- sum of i- l-mentioncd sum of RETURNS TO FIERI FACIAS. of money he paid to G. H. the landlord of the pre- mises wliereon the said goods and chattels were taken, the sum of /. for rent due to him at last; and that he also paid the sum of /. for king's taxes, due for and in respect of the said pre- mises, at the time of taking the said goods and chat- tels; and that he hath retained the sum of /. 337 Chap. XLI. ■-•* with the consent of the said E. F. for the necessary charges and expences of, and attending the keeping possession of and selling the said goods and chattels by auction as aforesaid, and also the sum of /. for poundage ; and the remainder of the said sum of ' /. the said bailiff hath paid to me, and I have the same ready to render to the said A, B. as within 1 am commanded : And the said bailiff hath further nswered me, that the said C D. hath not any other r more goods or chattels in his liberty, whereof he an cause to be made the residue of the damages (or ebt and damages) within-mentioned, or any part .^thereof: An-d 1 further certify and return, that the said C. D. hath not any other or more goods or chat- ■ji^ls in my baihwick, whereof 1 can cause to be made J^e residue of the damages (or debt and damages) ^■Sforcsaid, or any part thereof. • ,^ ,,^,.^ The answer, (5Cc.) By virtue, {S^c. ) I have taken goods and chattels (§ 42.) f the within-named C D. to the value of the da- That the she ■ J , , , » . , . riiThas takeu nages (or debt and damages) within-mentioned, goods, which hich goods and chattels remain in my hands un- Eji'fori^at ' lold, for want of buyers ; therefore I cannot have °^ '^''>'""^- ;hat money before the lord the king, at the day and ace within contained, aslamwitliin commanded. ' o<-: • ' t i.. ;; ;'.,,,. V The answer, {i\c.) if v, 1'] }|- y\\ i <.* ViJMi 'tl IVi ■fi fli ' A ^i.m 1^1 ill :';: |!i::;!'i/l I,,,,,:,, ,.., iua^ 3S« Chap. XLI. (§43.) The like, where part of the jroods have been sold, and EXECUTION BY ALIAS, PLUHIES, . By virtue, (5Cc.) I have taken goods and chattels of the within named C. D. to the value of- /, and have exposed them to sale from day to day, and hasre thereof sold to thfi value of /. which mo- >iey f have ready before the lord the 'king, at the the rest remain clay and place within contained, to render to the tc, ' within-named A. B. as within I am commanded ; and the residue of the goods and chattels aforesaid still remain in my hands unsold, for want of buyers. ^ The answer, [i\c.) jieri facias. (5 44.) George t\tG TMwfky {Kc.} To the sheriff of ■ Alias or pinncs crrtetxwQ : Wc Command you, as 1 efore (or as often- times before) we have commanded you, that of the goods and chattels, &(c. (as in the former writs, altering the return.) f''^ ■■■■':> s >• »^ (§ 43.) Kon omittus Jieri facias. (^ 46.) Ti'.tafiimjii'ri fecias, in «i- iumj'iit. .). ^ Geor*(? the Third, (&"c.) To the sheriff of greeting: We command you, that you do not omit by reason of any liberty in your county, but that you enter the same, and of the goods and chattels, i\C. (as before.) George the Third, (&"c.) To the sheriff of greeting: Whereas wehitely commanded our sheriff! of that of the goods and chattels of C. I), in f his bailiwick, he should cause to be made /. which A. B. lately in our court before us at West- minster ^ recovered against him, for his damaged which he had sustained, as well on occasion of the i not performing certain promises and undertakings, then latdy made by the said C, D. to the said A. B.\ » as J!11ES', ods and chattels value of /. day to day, and — /. which mo- he 'king, at the o render to the jommanded ; and sis aforesaid still int of buyers, he answer, (S(f.) tie sheriff of NGN OMITTAS, AND TESTATUM FIERI FACIAS. as for his costs and charges by him about his suit in that behalf expended ; whereof the said C. D. was convicted, as appeared to us of record; and that the said sheriff of should have that money be- fore us at Westminster, on next after to efore (or as often- d you, that of the the former writs, the sheriff of it you do not omit county, but that )ods and chattels, Ithe sheriff of Imanded our sheriff! lattels of CD. 'A be made '•' lefore us at West- for his damages I m occasion of th« j land undertakings, \. to the said A,i-\ render to the said A. B. for his damages aforesaid : And Qur said sheriff of at that day returned to us, that the said C. D. had not any goods or chat- tels in his bailiwick, whereof he could cause to be made the damages aforesaid, or any. part thereof: Whereupon onthebehalf of thesaid A.B. it is suf- ficiently testified in our said court before us at West' viinster aforesaid, that the said C. D. hath sufficient goods and chattels in your bailiwick, whereof you may cause to be made the damages aforesaid, and ery part thereof: Therefore we command you, t of the goods and chattels of the said C. D. in our bailiwick, you cause to be made the said /. r the damages aforesaid ; and that you have that |ftoney before us at Westminster ^ on next after •■4,1-, ._ ■'.l-f i .-?; ■■,V-' Chap. to render to the said A. B. for his damage* foresaid; and havo there then this writ. Witness, fO V... ■■. I Afterwards, that is to say, on the day of (§ *7.) this same term, the said A.B. comes here into Entry ofy?m facial ana tetta- )urt, by his attorney aforesaid, and prays the writ /"»» on the rou. ■the said lord the king oi fieri facias ^ to be directed the sheriff of , commanding him that of di© Joods and chattels of the said C. D. in his bailiwick, cause to be made the damages (or debt and da- lages) aforesaid ; and it is granted to him, returnable jfore the said lord the king at Westminster, on — — jxt after — — j the same day is given to tlie said 22 A.B. W': 111 :i'"i« n 340 ChAi'. XLl. fiXECUTlOM ■:r j^. B. at the same place: At whi( Ii Ciciy , ogfore tlip said l(/rd the kinj>- at Westmhulfr, comes t'li.; saia //. /?. hy his attorney aforesaid; unl :.iJ3 sheriff, iv wit, sheriff of lie cointy afc; ^fairi. Jjrr-uputt returns lo the said 1 >id the king at irestmviuemfrn^.. said, that the said ('. D. hatli not any good* or chat- tels in ]v.< bailiwicfli, whereof he can cause to be made the damages (or dc]>^ 'and f'auiages) afove dd, Of an} part thereof: W'h'^reupon on the bel-.ilfo^ the said^^.j5. it is sufficiently testified i*: lie said court ofthi: said lord the king before ihe king him- sidf, liiutthe said C. D. hath sufficient goods and chattels in the county of , whereof the sheriff of that county may cause to be made the damages (or debt and damages) aforesaid, and every part there- of: And thereupon the said A. B. prays the wi'it of I the said lord the king of te.s-tctttnn fieri/adas, to \k directed to the sheriff of the satd county of , commanding him that of the goods and chattels of^l the said C. /). in his bailiwick, he cause to be made F^ the damages (or debt and damages) aforesaid; and it is granted to him, returnable before the said lord the king at Westminster, on next after ; the same day is given to the said yl. B. at the same place: At which day, before the said lord the kiii^ at Westminster, comes the said y/. B. by his atfeorneyl aforesaid ; and the said sheriff of thereuponj returns to the said lord the king at Westminster afore-i said, that he hath caused to be made of the goodsl and chattels of the said C. I), in his bailiwick, the! sum of /, which money he has paid to the saiJj A. B. in part satisfaction of the damages (or debt! and damages) aforesaid; and that the said C. B\ hath not any other or moj e goods or chattels in hiJ bailii g'* BY TESTATUM FIERI FACIAS. bailiwick, whereof he can cause to bb made the re- sidue of the damages (or debt and dumajjcs) afore- said, or any part thereof. . .,,!.. 341 Cha?. XLI. (i4«.) fjcd i-' he said George the Third, {i(c.) To oui' chancellor of *" ' \ ' , . , Test ntum fie n our county-palatine of Lam-aster, or to his deputy jacM.^, into a there, greeting: Whercaswelately conunanded our ti*||e"^^ ** ** sherift'of that of the goods and chattels of C. 1). in his bailiwick, he should cause to be made, b^c. (reciting the former writ to the end) : And our said sheriff of at that day returned to us at ?f«/- W2//w/^r aforesaid, that the said C. D. had not any goods or chattels in his bailiwick, whereof he could cause to be made the damages (or debt and damages) aforesaid, or any part thereof: Whereupon on behalf of the said J. B. it is sufficiently testified in our said I court before us at Westminster aforesaid, that the said C. I), hath sufficient goods and chattels in our said county-palatine, whereof the damages (or debt and damages) aforesaid may be made: Therefore we command you, that by our writ under the seal of |,our said county-palatine to be duly made, and di- irected to the sheriff of the same county, you coffi-? nand the said sheriff, that of the goods and chattels [of the said C. D. in his bailiwick, he cause to be made the damages (or debt and damages) aforesaid, so tiiatyou may have that money before us at West- ■ minster, on next after , to render to the said ^. B. for his damages (or debt and damages) nforesaid ; and have there then this writ. Witness, [i^c.) ' - .. • • ' <*•• > George the Third, (.^V.) To the sheriff of (§ -^9.) greeting: Whereas we lately commanded our chan- JJli'^y'.jS . ' Z '6 . cellor <""'• :Mi ■X. In , \ i« I III : m- life: i ill ^ S42 1 \ (§50.) .*.■.',' Pi,, EXECUTIOK ttYior of our county-palatine of Za;jrrt*/fr, that by our writ undier the seal of our said county-palatine to be duly made, and directed to the sheriff of cur said county-palatine, he should command the said sheriff, that of the goods and chattels of C. D. in hii bailiwick, he should cause to be made, &Cr. (reciting the former writ) : And our said chancellor of our said county-palatine at that day returned to us, thatby vir- tueof the said writto him directed, he had by another writ under the seal of our said county-palatine duly tnade, and directed to the sheriff of the same county, commanded the said sheriff, as by the said first-men- tioned writ he was commanded ; which said sheriff, in answer to the said writ to him directed, had re. turned to our said chancellor, that the said C, D, had no goods or chattels in his bailiwick, whereof I he could cause to be made the damages (or debt and ^ damages) aforesaid, or any part thereof: Where- upon on behalf of the said J. B. it is sufficiently , testified in our said court before us at Westmimten aforesaid, that the said C. D. hath sufficient goods and chattels in your bailiwick, v/hereof you may! cause to be made the damages (or debtand damages) aforesaid, and every part thereof: Therefore \v» command you, that of the goods'and chattels of the! said CD. in your bailiwick, you cause to be made the damages (or debt and damages) aforesaid; and have that money, (3<"r.) and have there then this! writ. Witness, (5("c.) The like, from jn God one county- pclatine to aoother. George the Third, (fiCc.) To the reverend father! — by divine permission, lord bishop of I JDurharrif or to his chancellor there, greeting: Whereas we lately commanded our chancellor of! our mr- icasterj that by county-palatine he sheriff of our iinmand the said s of C. D. in hii ie, SCc. (reciting cellorofoursaid to us, that by vir- e had by another ty-palatinc duly ;he same county, le said first-men- hich said sheriff, irected, had re. ; the said C, D. iliwick, whereof J, ages (or debt and ' ;hereof: Where- i . it is sufficiently IS at Westminster h sufficient goods hereof you may lebt and damages) f: Therefore we nd chattels of the cause to be mad' ■s) aforesaid ; and 3 there then tbib e reverend father I 1, lord bishop ofj there, greeting: our chancellor of I our . BY TESTATUM FIEBI EACIAS. .. 943 our county-palatine of Lancaster, that by our writ Chap. under the seal of our said county-palatine to be duly XLI. made, and directed to the sheritl" of our £•'[ county- palatine of Lancaster y he should command the same " . sheriff, that he should cause to be made, &'f. (reciting the former writ) : And our said chancellor of our said county-palatine of Lancaster at tiiat day re- turned to us, th;it by virtue of our said writ to him directed, he had by another writ, S,V. (as in the last) ; which said she iff, in answer to the said writ to him directed, had returned to our said chancellor, that the said C. J), had no goods or chattels in his baili- wick, whereof he could cause to be made the da- mages (or debt and damages) aforesaid, or any part thereof: Whereupon on behalf of the said ^J. B. it is sufficiently testified in our said court before us at Westminster aforesaid, that the said C. D. hath suf- fficient goods and chattels in your bishoprick, where- of you may cause to be made the damages (or debt "^and damages) aforesaid, and every part thereof: f Therefore we command you, that by our writ under .theseal of your said bishoprick to be duly made, and jjdirected to the sheriff of the county of Durham, you command the said sheriff, that of the goods and - chattels of the said C. D. in his bailiwick, he cause to be made the damages (or debt and damages) tl aforesaid; and have that money, (&"c.) and have there theli this writ. Witness, (^V.) ., ,,_ .^ George the Third, {5Cc. ) To the reverend father (§ 5 1 . ) [in God by divine permission, lord bishop q^ fxr/Mias d* ' ' ^ boms ecclesiatlx — greeting : We command you, that of the ec- <■", in debt. Z 4 clesiastical \ • rl' • Sjlll' : I iii' 344 , EXECUTION BY FIER! FACIAS, &C. Chap, clesiastjcal goods of C. D. clerk, in your fliocesp, XLI. you cause to be made a certain debt of /. which A, R. lately in our court before us nx JVrsfwivstcr, recovered against him, and also 1, which in our said court before us at U'estwiustn- aforesaid, wtTf adjudged to the sajd A. B. for his damages which lie had sustained, as well on occasion of the deten- tion of the saiil debt, as for his costs and charges hy him iibout his suit in that beludf expended ; wliiM'e- of the said C. 1). is convicted, iis appears to us of record: And have that money before ns nt WeM- minster, on next after , to render to the said A.Ii. for his debt and damni'.es aforesaid: And whereupon our shcrift' of returned to us at frr'.v/m///i/t'/'.aforcsaid, on next after in this same term, (or in term last past,) tliat the said C. I), had not any g{)0fis or chattels, or any lay fee, in his bailiwick, whereof he could cause to be made the debt and damnf;cs aforesaid, or ati}' pan thereof; and that the said CD. was a bcn<.'(i(t;d clerk, to wit, rector of the rectory (or yiciir of the vicarage) and parish church of in the said sherilT's county, and within your diocese; and have there then this writ. Witness, (i(<.) (§ 52.) The slu'viffwas commanded, that of the goods nn^ Entry thereof. cnatti'Is of CD. in his baiJivvick, he should cause to i be mad;- a certain debt of /. which A. B. lately in the court of tlie lord tlie king before the king him- self here, recovered against him, and also 1\ which in the same couit here were adiudffod to the ; gaid A. B. for his damw^es which he had sustained, as well on occasion of the detention of the said dehr, as for his costs and charges by him about hi? fcuit iiij dial .s, 8cc. 1 your eliocesp, of /. \\hk\\ at iVcsiwh'stcr, ~L wliich in our aforesaul, w-rc damages which )w of the dotcn- and charges l)y ponded ; \vlii;re- appcai's to us of ore us at IVest- to render to tlie lagcs aforesaid ; — returned to us cxt after in St past,) that the aUclsjOr any lay :(nild cause to be said, or any pan was a benvlicid 1 (or vicar of tlic — in the said iocesc; and have .) t of the goods and le should causp to hich A.B. lately fore the king hiui- and also i\ e ad i lid god to the he had sustained,! t) of the said debt, .1 about his tuit in] Li 1.4 i ' AGAINST BENFFICED CLERKS. 84* that behalf ex jK-nded, wiiereof the said CD. was Cha?. convicted ; and thnt the said sheriff sliouKl have that XLL money bofore thj said lord the king hi-Tc, on this dnv, that is to say, on next after to ren- d r ^o the said yJ. ii. for his debt and damages aforo- / said: And now here at tliis day, comes the said ' A. li. by his attorney ; and the sheriff now here returns, that the said C. D. hath no roods or chat- ' tels, nor any lay fee, in his bailiwick, whereof he can cause to be nuide chc debt and dainages afore- said, or any p;irt thereof; and that the said CD. is , a beneficed clerk; to wit, rector ©f the rectory (or viair of the vicarage) and parish church of in the said sheriif's county, and within the diocese of •. Therefore it is conunanded to the reverend " • father in God by divine permission lord bishop ~~ of that of the ecclesiastical goods of the- said - •'• » f CI), in his diocese, he cau5fe to be made the debt ' '' " and damages aforesaid ; and that he h'ave th;;t money here, on next after ^-^— to render to the said yi. i^. for his debt and damages aforesaid, £. .XLI. command you, that you enter into the saitl rectory {Uiii parish church ut and take and sequester the sainc into yunr possession, and thut you hold the same in your podserision, until you shall have levied the siiid debt and damages, of the rents, tithcB, oblations, o vcntions, fruits, issues and pro- fits) thereof, and otlier ecclesiastical goods of the said CD. in your diocese, to render to the said >/. /i, for his debt and damages aforesaid ; wlieroof the said C. D. is convicted : And what you shall do therein, make appear to us at Westminster y on • next after j and have there then this writ. Witness, (5Cc.) :■_> -. .,».,. i i f5 M.) Tfsf alum fieri Jiicias for the rcjtidue, rff Ao- Mi €ceU*iauicit. 0. Ge^rgi the Third, {^c. ) To the reverend father IB God by divine permission, lord bishop of greeting : Whereas by our writ we lately com- manded you, that of the ecclesiastical goods of C. D, clerk, in your diocese, you should cause to be made a certain debt of /. which J. B. lately iti our court before us at Westminster y recovered against him, and also /. which in our said court before us at Westminster aforesaid, were adjud^rcd to the said A.B. for his damages which he had stis. tained, as well on occasion of the detention of the said debt, as for his costs and charges by him about his suit in that behalf expended j whereof the said C. D. was convicted, as appeared to us of record ; and that you should have that money before us at JVtsimnster, on next after to render to the said yt. B. for his debt and damages aforesaid : And whereupon our sheriff of had then lately returned ;o us at Jr<'j/m/«A'/cr aforesaid, that the said C. JJ. had no goods or chattels, nor any lay fee, in his AGAINST BEKEFICBO CLtRKt. un : said rectory ind scqiiester hut you hold )a shall have of the rents, sues and pro- od» of the said the said ./. fi. ; wlvcrcof the you shall do nstcry on •evercnd father lord bishop of we lately com- tical goods of ^ uld cause to he | //. B, lately in ^ jter, recovered our said court were adjudged ' ich he had sus- Ictcntion of the s by him about )ercof the said ) us of record ; icy before us at — to render to lages aforesaid : had then lately liidjthat the said any lay fee, in his >foni$ litan, greeting : We command you, that of the ec- during the'va. clesiastical goods of C. D. ol.ei'k, in the diocese of X")'»ile? ***" which is within the province of Canttrlmty, as ordinary of that church, the episcopal see of — — -Mf;- now being vacant, you cause to be made, &V. (as in the last.) . V V by divine permission, bishop of our well-beloved ia C'lrist, £. F. of — — To (§ 56.) greeting : Sc(iue«tratio«, \V'hereas 1 f 4 '■»* S48 Mi Ml III XLi. *CUTION BY FIERI FACIAS, kc. •> -, Where;..! 've have with all due reverence, lately re- ceived his majesty's writ hereafter set forth, issuing out of his said inajesty's court of King's Bench, in the words following-, to wit : George the Third, ike. (here copy thcjieri/dcia.fde bonis ccclesiast ids to the end, and then proceed as follows :) On which said writ, there was and is a certain indorsement in writing, directing us to levy /. and the yearly payment of /. besides all expcncesof sef|iiestra- tion and levy ; We therefore, proceeding by virtue of and in obedience to the said writ, and inasmuch as in us lies duly executing the same, have sequestrated all and singular the tithes, fruits, profits, oblations, obventions, and all other ecclesiastical rights and emoluments of and belonging to the rectory (or vicarage) and parish church of in the county of and diocese of , of which the said C. I). mentioned in the said writ, is tlie present rector (or vicar), and by these presents do sequester the same, and give and grant unto you the said £. F. full power and authority t*. sequestrate, collect, levy, gather and receive all jaid singular the tithes, fruits, profits, oblations, obventions, and all other eccle- siastical rights and emoluments of and belonging to the rectory (or vicarage) and parish church of aforesaid, and the same to sell and dispose of, and the money arising therefrom to apply to and for the due payment of the debt and costs in the said writ mentioned, subject to the said indorsement on the said writ, and also subject to a decree made and in- terposed by us, on the day of in the year of our Lord 18 — ,in a certain cause or business de- pending before us in judgment against the said C. 1). that the said fruits, profits and emoluments what- ;»oevfen' AGAINST BENEFICED CLERKS., stoever of t!ic said rectory (or vicarage) and parish clmrch of should be sequestrated for and during the space of three years, to the end that the said parish churcli and cure of souls within the same Blight be duly supplied with the performance of di* vine service, and that the parsonage-house, together with the other buildings and fences on the premises, might be put and kept in substantial ivpair, and that all duties and impositions incumbent on the said rectory (or vicarage), might be discharged, and sub- ject also to the execution of the same decree ; and also to publish or cause to be published this our present sequestration, in the parish church of aforesaid, during the celebration of divine service tiicrein, and in such fit terms, and in such fit places, as to you shall seem most proper and expedient : hereby requiring you to take care and provide,. that during this our present sequestration, the cure of souls within the said parish of be well, duly and canonically supplied with the performance of divine service, by some fit and able minister, to be approved of or nominated by us or our successors, if occasion shall require, and that tlie said parsonage- house, together with the olher buildings and fences on the premises, may be repaired and kep': and con- tinued in substantial repair, and all tenths, subsidies, procurations, synodals, and all other impositions, both ordinary and extraordinary whatsoever, incum- bent on and payable out of the said rectory (or vicarage) be well and duly satisfied, answered and paid, during the continuance of this our present se- questration : and lastly, that you make and render before us, or our vicar-gcneral and official princi- pal, or other competent judge in this behalf, a true 349 Chap. XU. r % . %T f is6 in: xu. FXECUTION BY FIERI TACIAS, jest and faithful account of and upon your receipt* and disbursements in your office of sequestrator, when and at such time or times as you shall be there- unto lawfully required : In witness whereof, we ka,ve caused the seal of office of the worshipful doctor of laws, our vicar-general and official prin- cipal, which we 'ise in this, behalf, to be affixed to these presents. Datec^ at , the day of in the year of our Lord 1 8 — , and in the of our translation. . :. ^ ;, year v'-' ft** ■ t' j i^r . :; (5 5t.) George the Third, (&V.) To the sheriff of • W'ifif'icias ssrainsit nn cx- ecntor or s;d- luintstrator c/e bonm pni'.inisy after .i return (§ 58.) Th« like, after a dfiniit'ijil re- turned on a iri- tulum Jkri fa- greeting ; Whereas we lately commanded you, that of the J' oods and chattels which were of E. F. de- ceased at tJKi time of his death, in the hands of C. D. executor of the last will and testament of the said E. F. (or administrator of all and singular the goods chattels and credits which were of the said E. F. at the time of hi$ death, who died intestate) to be administered, in your bailiwick, you shovUd cause to be made, l(c. (reciting the fieri facias de bonis les/ufvris, vice.) And you at that day returned to us, that the said C. I), had no goods or chattels, which were of the said E.F. &c. (reciting the she- jritF's return) : Therefore we command you, that of the proper goods and chattels of the said C. D. in your bailiwick, you cause to Le made the said /. and have that nd C. D. in your bailiwick, you cause to be made /. residue of the damages aforesaid; and have that money before us at IVestminster, on next after , to render to the said J. B. for the resi- due of his damages aforesaid ; and have there then tliis writ. Witness, (Ssf.) -j ; * i' v.. : i^i ' -.^ Gcorgei\\Q. Third, (5sV.) To the sheritTof , greeting: Whereas we lately commanded you, that of the goods and chattels of 6'. D.. in your bailiwick, you should cause to be made, tVc. (to the end of the Jierifacias) : And you at that day returned to us at lVestminstet\ that by virtue of. the. said writ to you directed, you had caused to be made of the goods and chattels of the said CD. in you'- bailiwick, tlie sum of /. parcel of the debt and dan uiges afore- said, which mpney y.pu iiad ready before us, at the day and place in the said writ contained, as by the said Dof the said , of record; before us at to render to i: And you le of the said ) be made of CD. /. ti money you said writ con- commanded •, 3ther or more whereof yoa f the damages jfore we coai- ihattcls of the; ISC to be made ^id; and liave on next i. fortheresi- ave tliere then :i.-V leriffof '1 idcdyon, that our bailiwick, the end of the irned to us at ^id writ to you of the goods 1 bailiwick, the iamagesaf or be- fore lis, at the |ncd, as by the said ■35W* '^ BY FIERI FACIAS FOR THE RESIDUE. 353 said ^vrit you were commanded ; and that the said Chap. C. D. Ijau not any other or more goods or chattels - *^*' in your bailiwick, whereof you could cause to be made the residue of the debt and damages aforesaid, ^ or any part thereof : Therefore we command youj,* that of the goods and chattels of the said C.D.'xn your bailiwick, you cause to be made /. resi- due of the debt and damages aforesaid ; and have that money before us at WestwinsteTy on next after , to render to the said A. B. for the resi- .> ' due of his debt and damages aforesaid; and have ' ■' there then this writ. Witness, {if.c.) i, .!;■•• ' i- ■■ ' . ■ ■ • ■•■■■' Geor^t' the Third, (5Cf.) To the sheriff of ':§6i.) greeting: Whereas by our writ we lately com- T^^f r'^-^^'^ manded our sheriff of , that of the goods and residue. chattels, Kc. (to the end of the/idue of the damages (or debt and damages) A a afore- ' rallfl m 11 i \i 1^1 IM'SiISm wJ^^I -if if JW m i 1 i I 1 WSh:. i: ^Kk.\' ,.i,,.| ;('Sy ^^^H ' 'f ^' « ^^Ei' - f-^T- ' if ;.. wt ^^K* ' '.: ■;, n '^ '^w 1 '- 'f' "^ . ^^P . 1* '1^ ^HkI, !-. M W' (■•■ J ?J im ^^ It v'A I': if 'I 111'' I if; w^i;:|i|i 354 tJCECUTiaN ■'*. Chap. XLl. (5 62.) aforesaid; therefore we comn>and you, that of the goods and chattels of tlie said C. I), in jour baiH- wick, you cause to he made /. residue of the damages (or debt and damages) aforesaid; and have that money before us at JVestmintiterj on next after , to render to the said -^/. B. for the re- sidue of his damages (or tiefore us, that the said C. /). had sufficient goods and chattels in your county, whereof the damages (or debt and damages) aforesaid might be fully made; whereupon, by our certain otlier writ, we commanded the titen sheriff of your said county, that of the goods and chattels of the said C. D. in his bailiwick, he should causf to be made the da- mages (or debt and damages) aforesaid; and that lift should have that m iiey before us at Westminster, on " ■■ - next after last past, to render to the said A. B. for his damages (or debt and damages) aforc- ' said: And the said then sheriff of your said county OH' that day returned to us, that by virtue of the said writ to him directed, he had caused to be miide, «j(i> a mr I, that of tire- 11 your baili- •esidue of the lid ; and have on ■ next 9. for the re- mages) afore- kVitness, {!sc.) c lately com- >hf goods and 'ifdcias): And iretunied to us, is or chattels in ise to be made foresaid, or any | half of the said onr said court ufficient goods !of the damages might be fully other writ, we ur said cminty, e said C. D. in )e made the da- id ; and that he We fit minster, on tder to the said damages) aforc- nur said county ty virtue of the isedtobcnr.ide, iJv FIERI FACIAS FOR THE RESIDUt. ^c. (as in tKc last) : And now on behalf of the said A. B. it is further sufficiently testified in our said court before us, that the said C. D. hath sufficient goods and chattels in your bailiwick, whereof the residue of the damages (or debt and damages) afore- said may be fully made : Therefore we command you, that of the goods and chattels of the said C. D. in your bailiwick, you cause to be made 1, re- sidue of the damages (or debt and damages) afore- said ; and have that money, £(c. (as beforQ, p. 320.) r . ^.w^* ,i .. . 3."'^ ijo Chap. XLI. „iir»;i!^', •; • hk- *i';t. !l". <,'».• .. 'V . 6Vor^c the Third, (&'t.) To our chancellor of (§63.) our county-palatine of Lancaster, or to his deputy Thehke.wharc there, greeting : Whereas by our writ we lately issued into a conunanded our sheriff of , that of the goods tine. and chattels, ^f. (reciting the first /fm/acia*): And our said sheriff of at that day returned to us, that the said C. D, had no goods or chattels in his bailiwick, whereof he could cause to be made the damages (or debt and damages) aforesaid, or any part thereof: And it was thereupon sufficiently tes- tified in our said court before us, that the said C. D. had sufficient goods and chattels in our, said county- palatine, whereof the damages (or debt and da- mages) aforesaid might be fully made: Whereupon by our writ of testatum fieri facias , we lately com- manded our chancellor of our said county-palatine, that by our writ under the seal of our said county^ palatine to be duly made, and directed tothesheciff of the said county j he should command the »aid sheriff^ that of the goods and chattels of the said Ci D. in his bailiwick, he should cause to be made A a 2 the * ,. 1^ I V ' 356 ~v^'ULm: EXECUTION ■iK/Jr' Wii, Cha*. XLI. '« •., ■'•si: 'Jtl .»t;. th« damages (or debt and damages) aforesaid ; and that the said sheriff should have that money before us at Westminster^ on — — next after , to ren- der to the said A^ B. for his damages (or debt and damages) aforesaid: And our said chancellor of our said county-palatine at that day returned to us, that by virtue of the said writ to him directed, he hud by another writ under the seal of our said county-palj. tine duly made, and directed to the sheriff of tl^ same county, comniariiled the said sheriff, as by tht said wi'it oi testatum finri facias he was commanded; whicii said sheriflt", ia answer to the said last-men- tioned writ, had returned to our said chancellor, that by virtue of \h?i 5.:)id writ to him directed, he had caused ♦j be made, ike. (as in the two former writs) : And now on behalf of the st.id A. B. it is further sufficiently testified in our said eourt before us, that the said C. D. hath sufHciei\^ goods and chattels in our said county-palatine, whereof the residue of the damages (or debt and damages) afore- said may be fully made: Therefore we command you, that by our writ under the seal of our said county-palatine to be duly made, and directed to th« shcrifl" of the same county, you command the said shcrifl^', that at the goods and chattels of the said C. DJin his bailiwick, he cause to be made /. residue of the damages (or debt and damages) afore- said; and that he have that money, S^c. (as before, p. 32t),) -- . _. .. •. •■'•■vp; Wv^ •,> f' Geogrf. I il.!fBH!i BY VENDITIONI EXPONAS, &C. 361 Cforgg the Third, {S^c) To the sheriff of Chap. greeting : Whereas by onr writ \vc lately commanded XLl. you, that of the goods and chattels, S(c. (here recite (§ ^*-^ \\\Q fieri facias to the end): And you at that day ^^^ J. ""*'"' returned to us at Wcsfmitis/er aforesaid, that by vir- tue of the said writ lo you directed, you had taken floods and chattels of the said C. D. to the value of the damages (or debt and damages) aforesaid ; which said goods and chattels remained in your hands un- sold, for want of buyers: Therefore we being de- sirous that the said A. B. should be satisfied his damages (or debt and damages) aforesaid, command you, that you sell or cause to be sold the goods and chattels of the said C. D. by 3'ou in form aforesaid taken, and every part thereof, fo^the best price that can be got for the same, and at least for the da- mages (or debt and damages) aforesaid: And have the money arising from such sale, before us at West- minster, on next after — — to render to the said A. B. for his damages (or debt and damages) aforesaid; and have there then this writ. \V^it- ness, {Kc.) > ' ^ t I Gr^'^erthe Third, (^f.) To the sheriff of (§65.) greeting: Whereas by our writ we lately command- '^^^^ ^^amUicri cd you, that of the goods and chattels, SCc. (reciting ./'«•'"* f"r tiic the fieri facias) : And you at that day returned to us '^" "*' at Westminster aforesaid, that by virtue of the said writ to you directed, you had taken goods and chat- tels of the said C. I), to the value of /. parcel of the damages (or debt and damages) aforesaid; which said goods and chattels remained in you ; hands unsold, for want of buyers, and therefore that you could not have that money before us at West- * . A a 3 viinster. ■ pi I 't; .K'iil l;V , I H t ■'■,,! 3fi» Chap. XLI. (5 6h ) EX«CUTION minster y at the day aforrsaid ; and ' hftv ^liesaid 6. /^, had no other or more good^ or ch.-.a;is in your baiU- wick, whereof you could cause to be made the re- sidue of the damages (or dibt ami dama}Tcs) aforo. said, or any part thereof, as by the said writ you were commanded: Therefore we command you, that you expost; to sale the goods and chattels of the said C, D.hy you in foim aforesaid take.n; and have thp said —. — I. parcel, Sic. before us at /Fev/- jjiinsk't'f on ■ next after • -, to rei)der to the 5Uid .'/. B. for so much pf the daqiap;uii (pr debt and damages) afqresaid: We also conjnjand you, that of tljc goods anc| chattels qf the said C. J), in your bailiwick, yqu cause to be niade /. residue of tljc 4amages (qr debt and damages^ aforesaid; and have thatmo|^e,yj together witl^ tlu; said /. par-: eel, iic. befofe us, at the day and place aforesaid, to render to the jj^id ^. Ji. for his damages (or debt i. and damages) aforesaid; ^Ufl have there then this writ. M'ittiess, (tW.) The sherirt was commanded, that of the goods ':0 Fntry of ir-,rf/. ajj^ ^.J^,Jltf,.ls j,f C.J), in his bailiwick, he should tii''i; rrnonas and return, causc to be made /. and that he should have p?r, Cj.for *''^* mom^y before the lord the king at Westminster^ thf rfsiduL- next after to render to A. B. for hij on — damages, (or debt and damages,) i(c. (as in a jicn facias) : At which (jay, before the said lord t he king at Westminster, cqu)Qs the sairi one by him, do lay hands on the same, until y ou {^^^J^^J" "* have another command from us in that behalf, and that you answer to us for the issues of the same ; so that he expose to sale those goods and chattels which were of C. I), in your bailiwick, to the value of /. which lately i'l our court before us were ad- judged to A. B. for his damages which he had iius- tained, as well on occasion of the not performing cer- tain promises and undertakings then lately made by the said C. R. to the said A. B. as for his costs and A a 4 charges IMAGE EVALUATION TEST TARCi-T (MT-3) // ^^ A, ^o 1.0 I.I 128 |25 Ui Bi2 12.2 2.0 III KS u 14.0 1.8 * 1— 1 ^ i '6 M 6" ► Hiotographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. MS80 (716) •72-4503 z ^ ^. ^ > '^O ^ .^ i€0 Chap- XLI. (§ 68.) The like for part, io debt, and Jierifaciat for the reaidue. EXECUTION charges by him about bis suit in thai behalf expend, ed, whereof the said C. D. is convicted, as appears to us of record ; and which goods and chattels he lately took by virtue of our writ, and which remain in his hands unsold for want of buyers, as the said late sheriff returned to us at Westminster, at the feturn-day cf the writ aforesaid ; and have that mo- ney before us at Westminster, on i- next after , to render to the said A. B. for his damages aforesaid ; and have there then this writ. Wit- ness, (5Cof the deten- tion of the said debt, as for his costs and charges by him about his suit in that behalf expended, whereof the said C. D. is convicted, as appears to us of re- cord ; and which goods and chattels he lately took by virtue of our writ, and which remain in his hands unsold for want of buyers, as the said late sheriff returned to us at Westminster, on last past ; and have that money before us at W^stjninster, on — — next after , to render to the said-^. J?, for ?o much of his debt and damages aforesaid : We also command you, that of the goods anu chattels of the . *, . said BY ELEGIT. said C. D. in your bailiwick, you cause to be made /, residue of the debt and damages aforesaid ; and have that money before us at Westviimter, on the day last aforesaid, to render to the said A. B. for the residue of his debt and damages aforesaid ; and have there then this -writ. Witness^ (fl(c.) 361 Cha>. xu. is writ. Wit- George the Third, {i(c.) To the sheriff of (j 59.) greeting : Whereas J. B. lately in our court before EitgU. us at Westminster i by bill without our writ, (or by cnginalf by our writ,) and by Jthe judgment of the same court, recovered against C. D. /. which in our said court before us were adjudged to the said A. B. for his damages which he had sustained, as well on occasion of the not performing certain pro- mises and undertakings then lately made by the said C. D. to the said A. B. (or if in debt, " recovered against the said C. D. a certain debt of /. and also which in our same court were adjudged to the said A. B. for his damages which he had sus- tained , as well on occasion of the detention of the said debt,") as for his costs and charges b'> liiuv about' his suit in that behalf expended j whereof the said C. D. is convicted, as appears to us of record : ' And afterwards, the said A, B. came into oUr court before us, and according to the form of the statute in such case made and provided, chose to be de- livered to him all the goods and chattels of the said C. D. except the oxen and beasts of his plough, and also a. moiety of all the lands and tenements of the said C. D. in your bailiwick ; tq hold to him the said goods and chattels, as lus proper goods and ._ ... - :r cl»ttels, Z69 £Ke<:UTION Chai». (§ Te.) chattels, and to hold a moiety of the lands and te<. nements aforesaid tohiin and his assigns, as his free- hold, according to the form of the said statute, until the damages (or debt and damages) aforesaid should fee thereof fully levied: Tlierefore we command 3'ou, that without delay you cause to be delivered to the said A. B. by a reasonable price and extent, all the goods and chattels of the said C. D. in your baihwick, except the oxen and beasts of his plough, and also a moiety of all the lands and tenemcuts in your bailiwick, whereof the said C, I), or any per-, son or persons in trust for him, on the day of - — c \n the year of our reign, (the day ^f eigning judgment,) on which day the judgment ^foresaid was given, or ever afterwards, was seized ; to hold the said goods and chattels to the said A. B. as his proper goods and chattels, and also to hold the said moiety of the lands and tenements afore- said to him and his assigns, as his freehold, accord^ ing to the forni of the statute aforesaid, until the (damages (or debt and dp-^ages) aforesaid shall be thereof fully levied ; an what manner you shall have executed this our wrrc, make appear to us at Westminster, op next after , under your seal, and the se ;Is of thpse by whose oath you shall pfiuke the said extent and uppraisenient ; and have there then this >vrit. Witness, (5- tercst at 5/. ptr cent, perammm^ at a day since past: And the jurors aforesaid upon their oath afdrcsaitf further say, that the said messuage, &>. ^describing a moiety of the premises,) subject as aforesaid, are a true and equal moiety of all and [ . singular the lands and tenements of the said C. D. in the said writ named, or any person or persons in ,i, - trust for him, in my coimty ; which said moiety I ' ' thcsaid sheriff, on the aforesaid day of taking thUs inqiiisition, ha^'e caused to be delivered to the said A.B> in the said writ named, subject as aforesaid, by a- reasonable price and extent ; to hold to him and his assigns, as his free tenement, according to the form of the statute in such ease made and pro- vided, until he shall have thereof fully levied the ^ said dainages (or debt and damages) in the said ' writ spfccifie'd, as by the said wjrit it is commanded : And lastly, the jurors aforesaid upon their oath aforesaid say, that the said C. D. in the said writ named, on the aforesaid day of taking this inqui- sseibn, had not any other or more goods or cnatlcls in my bailiwick ; nor had he, or any person or per- sons in trust for him, on the day the judgment aforesaid was given, or at any time afterwards, any oth'er Oi' morrf lands or tenements in the county aforesaid, to the knowledge of the said jurors. In witness whereof, as well I the sai.d sheriff, as the jurors aforesaid, have set our seals to this inqui- sition, on the day and year, and at the place afore- 9aiik» )ff> After- BY ELEGIT. 30.^1 Chap. XLl. . (§ 72.) A'vard oi ylfzit AfUMwai'ds, that i» to say, on — : — next after tiien next fuUovving, before the said lord the king at Jl'estniinstey, comes the said /i. B. by his attorntjy jiiforcsaid, and according to the form of the y^ j^^, ^,^1, .statute in such case made and provided, chooses to he delivered to him ull the goods and chattels of the said C. D. except the oxrcn and beasts of-his plougli, and also a moiety of all die lands and tenenieuts of tiie sa;id C. D. to hold to him the goods and chat- • tels aforesaid, as liis proper goods and chattels, and to hold a moiety of tite lands and tenements afore- said, tohiui and his :issigns, as his freehold, accordr ing to t)ie form of the statute aforesaid, until tlie damages (or debt and damages) aforesaid shall be thereof fully levied ; and he prays the writ of the said lord the king thert^upon, to be directed to the sheriff of , and it is granted to him, >^'t'« re* turnable before the said lord the king at Weslminm . ster, on next after ; tlie same day is given- to the said A. B. there, &(c. At which djiy, before ■ the said lord the king at Westniinster, comes the said A. B.hy his attorney aforesaid ; and the sheriff, to iwity — ■ — esquire, sheriff of the county aforesaid^ now' here returns tlie writ aforesaid to him in form, aforesaid directed, in aU things served and exe- cuted, together with a certain inquisition to the said writ annexed, taken before the said sheriff in the premises, by virtue of the said writ ; which said in- quisition follows in these words, that is. to say : to wit. An inquisition, S(c. (here copy the, inquisition,) George the Third, (&V.) To the sheriff of (§ 7S.J. 5freeting : M'hereas A, JS, lately in our court be- ^'-^^^^i'^' .-, . , . . - fore 366 Chap. XLl. ixEcutiowf fore us at Westminster y &c. (reciting the first writ:) And you on that day returned to us at IVestminster; a certain inquisition indented, taken before you' at — r-, on the day of last past, by the oath, (^i'O whereby it is found, Kc. (reciting the tetur'N }) And because itd dre now given to under- stanid iri dtir tniid court before us, that the said C. D: (ti the time df giving the jiidc^ment aforesaid am} afterwards had, and still hath divers 6ther lands and tenements in your county, besides thosip which are mentioned in the return above set forth, one moiety of which said other lands arid tenements the sai(t A. B. ought also to have irt execution, for themolrt', ipeedy recoVefy of his damages (or debt and da- mages) afcfresaid ; wherefore the said A. B. hath humbly besought us, that he may so have them, according to due course of law : Therefore we command you, that you cause to be delivered to' the said A. B. in the presence of the said C/). to" be warned on that occasion if he will flCterrd, a' moiety of all the other lands and tenements of the said C.I), in your bailiwick, as well as of those whereof a moiety is before extended in execution, for the paymfcnt of the damages (or debt and da- mages) aforesaid ; to hold to the said A. B. and his assigns, as his freehold, according to the form of the statute aforesaid, until the damages (or debt and damages) aforesaid shall be thereof fully le- vied : And in what 'manner you shall have executed this att writ, 5ff. (as before, p. 362.) (§74.> Gfor^e the Third, (^c.) To the sheriff of EUfiit foT the greeting : Whereas A. B. lately in oQr court before residue, after a " ° ...„., • , i. jknfanat. US at IVtstminsterj by bill without our writ, (or by ^ original. BY ELEGIT. set orii^inal, by our writ,) and by the judgment of the Mine court, recovered, tic. (as in a cemmon elegit, to the words, " as appirars to us of record,") and whereiipdn by our writ we lately commanded you, that of the goods and chattels, i(c. (reciting the Jii'ri facias :) And you at that day returned, i(c. (reciting the return:) And afterwards the said ^. B. came into our court before ur, and chose to be de- livered to him all the goods and chattels of the said C. D. in your bailiwick, except the oxen and beasts of his plough, and also a moi(ity of all the lands and tenements of the said C. D. in your bailiwick, by a reasonable price and extent ; to hold to him and his assigns, according to the form of the statute in such case made and provided, until 1, residue of the damages (or debt and damages) aforesaid, should be thereof fully levied : Therefore we command you,' He. (as in a common elegit ^ to the words '* according to the form of the statute aforesaid,*') until the said' 1, residue of the damages (or debt and damages) aforesaid, shall be thereof fully levied ; and- in what manner you shall have executed this our writ, Sf.c. (as before, p. 362.) XLI. Geor^re the Third, (&V.) To the sheriff of greeting: ^Vhereas A. B. gentleman deceased lately in our court before us at Westminster, by bill without our writ, and by the consideration and judgment of the same court, recovered against CD. and E. F. as well a certain debt of /, as also s. which in our same court were adjudged totlic said A. B. for his damages which he had sus- tained, as well by reason of the detention of that debt, as for his costs and charges by him about his suit Th«* like, for an adinidistra- tor cum tettu- ■mento annexo, against an heir and tertc- nants, on a judgment in (Irbt aguinst scverai de- • teri(ta(it$, re- vivedby *c<« /uctu-i. Hi ■4i S6S EXECUTION Chap. XU. -«;« :...T-- suit in that behalf expended ; whereof the said C. I), and E. F. were convicted, as appears to ut of re- cord : And whereas for the levying of the debt and damap^es aforesaid, we lately commanded our late sheriO' of , that he should not omit by reason of any liberty in his county, but enter the same, and of the goods and chattels of the said C. D, and E. F. in his bailiwick, he should cause to be levied the debt and damages aforesaid ; and that he should have the said monies before us at Westminster, on next after , to rcndtir to the said A. B. for his debt and damages aforesaid : And our said late sheriff at that day returned to us at Westminster aforesaid, that of the goods and chattels of the said C. D. and E. F. in his bailiwick, he had caused to be levied the sum of /. parcel of the debt and ,| damages aforesaid; and that they had no other goods and chattels in his bailiwick, whereof he could cause to be made the residue of the debt and dama- ges aforesaid, or any part thereof: And although judgment be thereupon given, yet execution for /. being the residue of the debt and damages aforesaid, still remains to be made; and as well the said /I. B. as the said C. D. and E. F. after the rendering of the judgment aforesaid, respectively died, as by the information of G. II. gentleman, administrator of all and singular the goods, chat- tels and f redits which were of the said A. B. at the time of his death, with the will of the said A. B. annexed, we were given to understand ; wherefore the said G. II. administrator as aforesaid, humbly besought us to provide him a proper remedy in tliiu behalf: And we being willing that what is just in this behalf should be done, by our writ lately com- eof the said C. T). ears to u» of re- ef the debt and tmandud our late omit by reason enter ibc same, lie said C. p. and ausc to be levied id that he should Westminster J on the said ^/.^. for And our said late IS at Westminster battels of the said he had caused to I of the debt and , ey had no other whereof he could le debt and dama- if : And although et execution for ;bt and damages and as well the E. F. after the [aid, respcctbveiy . //. gentleman, he goods, chat- ;aid A. B. at the if the said A. B. itand; wherefore Iforesaid, humbly r remedy in this hat what is just our writ lately eoQi' kr iLEoif i commanded our late sheriff of — — , that by honest and lavtrful men of his bailiwick, he should make known to the heir and tenants of all and singular the lands and tenements in his bailiwick,, whereof the said C\ D. on the — - day of in the year ofourreigh, on which day the aforesaid judgment was given, or ev^ afterwards, was seised in fee- simple, that they should be before us at Westmin" stevy on next after , to show If they had or could say any thing for themselves, why the said 1, residue, JCr. ought not -t6 be made of those lands and tenements, and rendered to the said G. H» as administrator as aforesaid, for the residue of the debt and damages aforesaid, according to the form and effect of the said recovery, if it should seem expedient for him so to do ; and also that by honert and lawful men of his bailiwick, in like manner he should make known to the heir and tenants of all and singular the lands and tenements in his bailimck, whereof the said E. F. on the said day of — — in the year aforesaid, on which day the afore- liaid judgment was given, or ever afterwards, was f seised in fee-simple, that they should be before us at Westminster^ on the said ^ next after , t« shew if they had or could say any thing for them* selves, ^^by the said /. residue, He. ought not to be made of those last-mentioneid lands and tene* inents, and rendered t«jthe said G. H. as administrator as aforesaid, for the residue of the debt and dama* gcs afdresaid, according to the form and effect of the said recovery, if it should seem expedient for him so to do ; and further to do and receive what tour said court befdre us should then and there con* sider of the «|ud several and respective heirs and Bb tenants d6» Chap. XU. S10 Chap. -XLI. * !! .1 Im li • IXtCUTIOlC tenantu in this h«h«lf ; and that the faid late iherilT should have than there the namea of thoM.* by whoin he iihniild so make it known te . ijm, and that writ: And our said late KheriflF at thi day certifted ami returned to us at Westminaier aforesaid, that by virtue of the said writ to him directed, he had by — < — and good and lawful men of his bailiwick, given notice to J. A*, son and heir of the said C. D, in the said writ named, and tenant of the several messuages* cottages, lands and tenements herein- after particulai'ly mentioned, to wit, two men. auages, (^r.) with the appurtenances, inthepariith of in his bailiwick, in the possession and qc> Gupation of , which were . the messuages, cot- 1 tages, lands and tenements of the said C. Di in liii life-time, on the day of giving the judgment in tlw ■aid writ mentioned, of which the said CD. then and afterwards was seized in fee-simple, to be and appear before us at Westminster y at the day and place in the said writ specified, to shew in manner therein also mentioned : And our said late sheritfl further certified, that there were no other tenants, nor was there any other tenant, of any other landi| or tenements in his said bailiwick, whereof the said C. D. on the tikiy^of giving the said judgment, or ever aftcrvfards, was seized in fee-simple, tol whom he could make known, as by the said writhe was commanded: And our said late sherif)' further certified, that there was no heir, nor were there any tenants, nor was there any tenant, of any lands or tenements in his said bailiwick, whereof the said 7^\ F. in the said writ named, on the day of giving the said judgment, or ever afterwards, was seized in fce-simple, to whom he could make known, as * ,.vj. . »; i - • bv BT KLEUlt. 371 by thaid writ he w^* sIm commanded: AuJ niich proceedings wore thereupon hmd, in our said court before ut at lyestminster, that it was afterwards considered in our same court, that the said G. //. nhould have his execution against the said J. K. of the said /. residue of the debt and damages aforesaid) to be levied of the lands and tenements, whereof tlie said C. J), was returned tcnUnt lis afore- Kuid, according to the force form and effect of the •uid recovery, by the default of the said /. K. &c. And afterwards the said G. H. came into our said court before us at IVestmituter aforesaid, and uc-^ cording to thu form of the statute in such case made and providf^d, ehoso to be delirered to him, one moiety of the lands and tenements last aforesaid ; to bold to him and his assigns, as his freehold, accor- ding to the form of the statute aforesaid, until the said '■I. residue of the debt and damages afore->- said should be thereof fully levied : Therefore w6 command you, that without delay ytiu cause to be delivered to the skid Gi H. by a reasonable price and extent, one moiety of the lands and tc^nementi aforesaid, with the appurtenilnces ; to hold to him 'and his assigns, as his freehold, according to the form of the statute aforesaid, nUitil the said L residue of the debt and damages aforesaid shall be thereof fully levied ! And in what manner you shall have executed this our writ, make appear to us at Westminster^ on next after under youi»' seal, and the seals of those by whose oath you sliaj^ make the said extent and- appraisement ; and have there then this writ. Witness, (^C/) s^ rv'¥'4 „V^' Chap. XLI. ■nd in your bailiwick, and keep him safely and securely in prison, till we shall be fully satisfied the said debt ; and that as well on the oath of honest and lawful men of your baili\yick, and by the testimony on oath of any other honest and lawful men, by whom the truth may be the better known, as by all other lawful means, you diligently inquire what landti and tenements, and of what yearly values, the said C. D. had in your bai- liwick, on the day of ■ in the year of unr reign, when the said C. D. first became in- debted to us in the said money, or at any time after, until now; atid what goods and chattels, and of what sorts and prices, and what debts, credits, specialties and sums of money, the said C. D. or any person or persons to his use, or in trust lor him, now hath in your said bailiwick : And that by the oath of the aforesaid honest and lawful men, you cause s^l and singular the said goods and chattels, lands and tenements, debts, credits, specialties ancr sums of money, in whose hands soever they now are, to be carefully appraised and extended, and to be taken ahd seised into our hands, that we may retain them, until we shall be fully satisfied our -w .^x. < -^ • said " BV EXTENT FOR THE KING. " \ ' ' said debt, recording to the form of the statute made mnd provided for the recovery of such our said debts: And we further command you, and give and grant you power by these presents, to summon before you whomsoever it may be proper to examine in the premises, and to examine them carefully touching the same, that this our present command may not remain to be further executed: And in what manner you shall have executed this our com- mand, you make distinctly and plainly appear to the barons CMf our Exchequer at Westminster, on the day of next; and that you have there then this writ: Provided that you do not sell or cause to be sold those goods and chattels, which you shall seise into our hands by virtue hereof, until you shall have another command from us. Witness Sir Ar~ \jchibald Macdonald \img\it, the day of in [the year of our reign. By the r^membrance- jrolb; and by the said statute; and by the barons. -■A^'-"-" /if.ij'*!^' J.J. Uia; ,W^' iVfciji^fe*' George the Third, (STc.) To the sheriff of — reeting: Whereas CD. of and E. F. of— )y their writing obligatory, sealed with their seals, Ibearing date, {iCc.) are jointly and severally bound to [us, in the sum of /. of good and lawful money [of Great Britain j payable at a certain day now past, [and which sum they have not, nor hath either of [them, as yet paid or caused to be paid to us, as it i^ [raid : And we'being desirous to be satisfied the said sum of /. now due to us, with all the speed ire can, as is just, command you, that you omit |pot entering by any liberty, and as well by the oath )f honest and lawful men of your bailiwick, and B b 3 by "'■ ^1 \ 3TS Chap. XLI. The like, for a boiul-debt. 874 ExECirriov I i; ■'i Chap, by the testimony on oath of any other honest and lawful men of your said bailiwiok, by whom the truth of the matter may be the better known, as by all other ways, hieans and methods, by which you can or may the better be infprmcd or enabled, you diligently inquire what debts,, credits, specialties and sums of money the said C\ D. now hath in your said bailiwick ; and that by the oath of the aforesaid honest and lawful men, you cause all and singular the aforesaid debts, credits, specialties and sums of money, imwhose hands soever they now are, to be citreJTully ifppraised ahd extended, Sic. (as in the last, to the words"*' have there then this writ"). Witness Sir Archibald Macdonaldy (&c.) By the writing obligatory aforesaid } by the aforesaid act of parliament, made in the 33d year of the reign of the late king Hcwy the Eighth; by warrant; «nd by the barons, (5 77.) The execution of this writ appears in the inquisi- Return there- ^^^^ hereunto anncxod. to. ' "? ' >; . * V i ■'■- The answer of / ':'^ ''j::'*> sherii?. '* 'Y "^.^ • ***'';■! "■■■-■' v;^rV "i"'' « T8.) Inquiiiition. — r- to wit. An inquisition indented, taken iit , the ' day of in the year of the reign of o«« sovereign lord Geor^<; the Third, by the grace of God, of the united kingdom of Crenli Britain and Ireland king, defender of the faith, | before me sheriflP of the county aforesaid, by virtue of the king*s writ to me directed, whictii i$ hereunto annexed, on the oath of G. Ji\ (&c.) honest and lawful men of my bailiwick! *' .■■ \:' ■■,?.-•« •.•■'■••; "' " ■■■ .; = who! •■'y^v-'. , ( )cars in the inquisi- BY EXTENT FOR THE KIKC. * wlio being sworn and charged, on their oath «ay that J. K. of made a note in writing, bearing date, (&V.)^with his own proper hand thereunto sub- scribed, and thereby after date of the said note, promised to pay L. M. or his order, the sum of 1, value received ; which said note was in« dorsed by the said L. M, to C. D. in the writ here-" unto annexed named ; whereby, and by force of the statute in such case made and provided, they became severally liable to pay to the said C. D. the said sum of money in the said note mentioned, according to the tenor and effect of tlm said note, T nnd of the said indorsem«nt so made thereon as aforesaid ; which said debtof— ^— /, so due as afore*. . suid, I the said sheriff, on the day of taking this in*' quisition, have seised and taken into his majesty*s i hands, {iccording to the command of the said writ: ' And the jurors aforesaid on their said oath further say, that the said C. D. on the day of taking this inquisition, hath not any other or more debts, cre- dits, specialties or sums of money, in my said baili- wick, to the knowledge of the said jurors, which can be seised or taken into his said majesty's hands, by virttic «)f the said writ. In witness whereof, as well I the said sheriff, as the jurors aforesaid, to this inquisition have set our seals, the day year and place first above-mentioned. 375 •^ii, Chap. XLI. George the Third, (&V.) To the sheriff of — (§ -,9.) greeting : Whereas CD. of ——and E. f. of— r- Extent ia aio, by their writing obligatory, sealed with their seals, hearing date, (^V.) are jointly and severally bound to us, in the sum of /. of good and lawful mo- ney of Great Britain^ payable at a ccrtai i day now B b 4 past» Will ' 11 1 i^D'KJ^ IB' '■■ BE' ■ ai« Chaf. XLl. past, and which sura they have not nor hath either of then^ad yet paid or caused to he paid to us, as it is said : And whereas by an inquisition indented, takers at , the day of in the year of our reign, before sheriff of our said county of -r- — ^>y virtue of our writ of extent under the seal of our Exchequer at Westminster y against the said C. D. to the said sheriff of — — directed, it i? found on the oath of G. H. and others, good anil lawful men of the said sheriff's bailiwick, that /. K, of -*—— made ^ note in writing bearing date, (5(c.) with hi^ owBgproper hand thereunto subscribed, anil thereby ^ after date of the said note, pronjiseil to pay L.M. or his order, thq sum of /. value received j which said note was indorsed by the sai4 L. M. to the said C, 1). in the said writ named ; whereby, and by force of the statute in such case m£^de and provided, they.becanae severally liable tq pay to the said C. D. the said sum of naoney in the said note mentioned, according to the tenor and effect of the said note, and of the said indorsement 50 made thereon as aforesaid ; which said debt of - — /. so due as aforesaid, the said sheriff, on the day of taking the said inquisition, hath seised and taken into his majesty's hands, according to the command of the said writ ; as by the said writ and return thereof, and the said inqubition thereto an- nexed, certified into our said Exchequer, and there remaining in custody of our remembrancer, may more fully appear : And we being desirous to be sa- tisfied the said sum of — r-/. now due to us, with all the speed we can, as is just, command you that you omit not entering any liberty, but that you take Jhe bodies of the said J. K. and L. M. and keep ^. v,^,. . „ . , them . I nor hath either of >aidto us, as it is >n indented, taker) the year of )UK said county of extent under the insieVf against the — — directed, it i^ others, good and iliwick, that /. K, earing date, (SCc.) to subscribed, and id note, pronjised imof 1' value dorsed by the said said writ named ; itute in such case severally liable tq n of money in the to the tenor and said indorsement hich said debt ot id sheriff, on the n, hath seised and according to the the said writ and bition thereto an- hequer, and there |membrancer, may desirous to be sa- Iw due to us, with [ommand you that I but that you take L.M. and keep them BY EXTENT FOR 'THE KING. 3^1- them safely in our prison, until they have fully se- Chap. tisfied us the said debt ; and that as well by the oath ^U of good and lawful men of your ba|liwick, and by _ ,.■ the testimony on oath of any other honest and law- ful men of your said bailiwick, by whom the truth may be the better known, as by ^U otlwr wayf means and methods by which you can or may be the better informed and enabled, you diligently in- quire ivhat lands and tenements, and of what yearly values, the said J. K. and L. M. had in your baili- wick, and also what goods and chattels, and of what sorts and prices, and what debts, credits, specialties and sums of money the said /. JT. and X. AT. now have, or any other person or persons in trust for them or either of them hath or have in your baili- wick ; and that by the oath of the aforesaid honest and lawful men, you cause all and singular the said goods and chattels, lands and tenements, debts, cre- dits, specialties and sums of money, in whose hands soever they now are, to be carefully appraised and extended, Kc. (as before, p. 372, 3. to the testCy and conclude as follows:) By the writ and inquisition aforesaid; by warrant of the lord chief-baron; by • the aforesaid act of parliament, &V. and by the barons, ifn-ximit^^ *>h ii<^,\ iy:'.^ . .tuipm'un t?"**'= >;■,/ George the Third, (SCc. ) To the sheriff of (§ so.) greeting: Whereas by an inquisition taken before Supfnetkai you, the day of last, by virtue of our writ of extent, issued out of and under the seal of our Exchequer, against C. D. to you directed, it was found that J. K. of made a note in writing, bearing date, Ac. (as in the inquisition ;) wlMch said debt m X,i: EJCECUTIOW ■x'l ■ I! Chaf. debt of /. so due as aforesaid, you hare seised XUv and taken into our hands, according to the com- mand of the said writ ; as by the said writ of extent and inquisition thereon taken, returned and filed in our said Exchequer, and there remaining in thecus- i.ir'; tody of our remembrancer, more fully and at large a{^>ear8 : And whereas by our writ of extent, tested the day of last, issued out of and under the seal of our Exchequer, to you directed, against the said ./. A', we have, amongst other things, com- nuinded you, that you should not omit by reason of any liberty, but that you should enter the same, and take the body of the said J. K. and him safely and securely keep in our prison, until he should fully satisfy us the said debt of 1, and that you should likewise extend take and seise into our hands, all the lands, tenements, goods and chattels, debts, credits, specialties, sum and sums of money of him , tlie said J. K. which you should find in your baili- wick, there to remain, until we should be fully sa- tisfied our said debt : Nevertheless, for certain rea- sons the barons of our said- Exchequer thereunto especially moving, we command you, that if the said J. K. now remains in yoyr custody on that and no other account, that you do forthwith releaso him, and let him go at l^arge ; and if you have by V' '^ virtue of the said writ, taken and seized into our *^ hands any goods or chattels, lands or tenements, debts, credits, specialties, sum or sums of money whatsoever, of him the said V. A", you do forthwith re-deliver or ciMise the same to be re-dehvered to the said J. K. or his assigns, by virtue of these pre- sents ; any thing in the said former writ to the con- x^^vo ■ trarv d, you hare seised rding to the corn- said writ of extent turned and filed in maininginthecus- 3 fully and at large fit of extent, tested d out of and under )u directed, against other things, com- »t omit by reason of enter the same, and , and him safely and itil he should fully and that you should i into our hands, all md chattels, debts, IS of money of him find in your baih- should be fully sa- 'J^^ ,es8, for certain rea- Kchequer thereunto '^ id you, that if the ; custody on that and forthwith release ,nd if you have by and seized into our [ands or tenements, or sums of money '. you do forthwith be re-delivered to virtue of these pre- er writ to the con- trary ON STATUTES-MERCHANT, icC. 37f trary notwithstanding. Witness Sir Archibald Mac. Chap, donaid knight, the day of in the XLI, year of our reign. By the barons. George the Third, {Xc. ) To the sheriflF of (j. si.) creetine '• We command you, that you take the Capiat h /«»«», . ^««.^ ./.Ill II „ on««t»tute- body of C. D. of • if he be a layman, and shall mcrdnnt. be found in your bailiwick, and him safely keep in our prison, until he shall fully satisfy A. S. of 1. which the said C, D, on the day of in the year of our reign, before — — esquire, then mayor of the city of , and -*— gentleman ; ■ * town-clerk of the same city, then being the clerk deputed and assigned to take recognizances of debts in the city aforesaid, according to the form of the statute-merchant, acknowledged himself to owe to ' the said A. B, and which he ought to have paid to ' him on the feast of then next following, but which he hath not yet paid to him, as it is said ; and in what manner you shall have executed this our writ, make known to us at Westminster, on — — fnext after ; and hi^vc there then this writ. Witness, (^c.) ' ^\\^ h-y-^'^^ . ■ <■ ^,'' .^"r^-'f' ' . ". .■if.„=-;.'-_v?t ',^., ,: ^ -,,..r..;,. ' .;:,.: .'M^^J.:i^':^i' George the Third, (^c.) To the sheriff of {% «2.> greeting : Whereas by our writ we commanded ]f***°' *'**'** you, that you should take the body of C I), of— if he was a layman, and should be found in your bailiwick, and him safely keep in our prison , until he should fully satisfy A.B. of /. which the Mid C. D» on the day of in the year of our reign, before esquire, then mayor of oa. . M » S80 XLI. -V KXECtTION of the city of , and v-=.^ gentleman town. clerk of the same city, then being the clerk deputed and assigned to take recognizances of debts in the city aforesaid, according to the form of the statute- merchant, acknowledged* himself to owe to the said ^. B. and which he ought to have paid to him on the feast of — — then next following, but which he had not then paid to him, as it was said ; «n4 in what manner you should have executed that our writ, you should make known to us at Weshnin. sfery on next after : And you at that day returned to us at Westminxter^ that the said C. D. \% » layman, and not found in your bailiwick : There- fore we command you, that without delay you cause to be delivered to the said A. B. by a reason- able price and extent, all the goods and chattels of the said C. D. and all the lands and tenements in your bailiwick, of which the said C. D. on the Aforesaid day of acknowledging the debt aforesaid, or ever afterwards, was seised, to whose hands soever they have con)e, unless they have descended to anyone, being within age, by hereditary descent; to hold the goods and chattels aforesaid to the said A.B. as his proper goods and chattels, and the lands and tenements aforesaid, as his freehold, to him and his assigns, according to the form of tlie statute in such case made and provided, until he shall have levied thereof the debt aforesaid, to- gether with his damages, and all necessary and rea- sonable costs in labours, suits, delays and ex- pences ; and nevertheless, that you take the body of the said C. Z>. if he shall be found in your baili- wick, and him safely keep in our prison, until he shall fully satisfy the said A. B. of the debt aforesaid ; •iJ' 'tOVf'tATt vf^ ON «TATUT1S-M£RCHANT, &c. afoa-said; and ia wha^ manner Xc , u. p. 379.) '"•Miner, .iXc, (ai before, wr Ov- Chap. (5 84.) ■ day of f-xtent, on a statute-staple. (George the Third, f^c ) Tn .K u .«. ^°'«, (^r.) acknowledged .C r.. ?" ""^ ^'" . ' '" l^icus^ to the words ' 'as it l Ji;;" ''" 7^'"^ ^'^ ^^*:^ cause the said ./. B. to hav^ T ^ ' *"'' '^^* ^^^-^ ' --ne,, ^. (a^befor^ p ;,t)""^ "^' ''^^'^'^^ ■' •-''•■' "••'* iWi: . ' J ■ ■ .;, ■" • <''«'ye the Third, /*■(.) T„ . I. i '" " greeting: Because C y7 if ""^ '''""^"f- in the yJ'J\ .°""'« < teke recognizances of debt in ,1, ' "'"""'' '* *'•) which he oughe t, have pf d 'T '" feast of then „ f„n •'^ '""' °" f"* j"--. not yet paid to ht -H^ .^'" T''^" ">« ^■nandj-ou, thatyou takeT V '^"*^ ^'<^ ™m- "'i'^t, and safely C^t-*^"""'' !" y""' baili. ""■"MysatisfJttL JV^i'f""' ""''' ''-= '"id ; and that by the o«h„f . "^ "" ''*' '''°'-«- °f your baiHwick^ J :tm?hrr :"'''"'''' '"^» "•»y be the bett«. kn^V^"^ "^"^ ""«« !>= extended and apprLs!^ y™ dJ'genriy cause to -^ bands, all the h^d I '" '' '^''™ ""'^ " of*he said C.Z, ;„?„ V^"*""™'' «"> chattels 'be true value of ^^C: '^^l^"' «~rdi„g to ' . . _^^. ™ ^--ff. ttntJ he shall be fully - satisfied - 'Ji-vJi 'i %^_i\. •* I ; « ik 1 Ml ' ^-Jt- EXECUTIOK Cha?. XLl. nn. Mtisfied of the debt aforesaid, according totfie form of the ordinance thereof made ; and in what manner you shall have executed this our command, make known to us in ottf Chancery, on next coming, wheresoever, He. by your letters sealed ; and have there this wYit. Witness, (MV.) (i t3.) George the Third, (iff. ) To the sheriff of ^*^*'* **"•• greeting : Whereas C/). of on, Xc. (re. citing the last writ, to tlie words " by your let- tcrs sealed," and then as follows:) And you have returned to us, that the said C. D. wrs not found in yotir bailiwick, after our writ was delivered to yon, but that you have taken into our hands all the lands and tenements and chattels of the said C. D. in your said bailiwick , and caused them to be extended and appraised, according to the tenor of our writ afore- said, to wit, messuages I which are appraised at /. (&c.) : Therefore we command you, that you deliver to the said A. B, all the lands and te* nements and chattels aforesaid, by you so taken inta our hands, if he will have them, by the extent and appraisement aforusaid ; to hold according to the form of the ordinance aforesaid, until he shall be satisfied of his debt aforesaid ; and in what manner, Sic. (as in the last writ). (§ 86.) George the Third, (SCc.) To the sheriff of -^-^ Extent against erreeting : Whereas A, B. lately in our court before an heir, upon a ** " . *' */wifl/ judg- US at JVestnitttstery by bill without our writ (or by o/v^/wfl/, by our writ,) and by the judgment of the same court, recovered against C, Z>. son and heir of £. F, deceased, a certain debt of /. and also /. which in our said court before us were ad- judged - ; -iK \- '-■"" -. ■ 'V- * ding to t!i« form i in what manner iommand, make — next coming, ealed ; and have! le shctiff of — on, Kc. (re. s <* by your IcU ) And you have wr>s not found in delivered to yon, lands all the lands a\AC.D. in your ► be extended and of our writ afore- ich are appraised )mmand you, that the lands and te* T you so taken into [iy the extent and according to the I until he shall be A in what manner, he sheriff of -^-^ n our court before at our writ (or by e judgment of the Z). son and heir of f /. and also efore us were ad- judged AGAIKIT HEIRS. *^udg«d to the said ^. B. for his damap;et, (ICf.) to be K>vied of the lands and tenements which were of tlu; said E. F. in fee-simple at the time of his death, in cfie bunds of the said 6'. />. whereof the said C. />. is convicted, as appears to us of record : Therefore wc command you, that by the oath of honest and lawful men of your bailiwick, you diligently inquire of what lands and tenements the said 2.\/Vwus seised in fee-simple at the time of his death, and which descended to the said C. I), as son and heir of the said E. F. by hereditary rights after the death of the said E. F. and of which the said C. D, on the day of in the year of out reign, on which day the said At B. exhibited bis bill (or sued out his original writ) for the debt aforesaid,^ a<;Ainfit tlie said C. D. wai^ seised in his demesne as of fee, and how much those lands and tenements with the appurtenances are worth by the yeai', in all issues beyond reprises, according to the true value of the same ; and when the said inquisition shall have been by you so made, that without delay you deliver the said lands and tenements with the ap- I purtenances to the said A. B. to hold to him and iff his assigns, as his freehold, until the damages (or debt and (liimages) aforesaid shall be thereof fully levied ; and in what manner you shall have exe- cuted this our writ, make appear to us at JVestniin^ ster, on — — next after under your seal, and the seals of them by whose oath you shall make the said extent and appraisement ; and have there then the names of them by whose oath you shall make the said extent and appraisement, and this writ* VVitncss, {He. I ;,■'* 3»S Ckai», XLI. ■-.it- -.'-i George S84 EXECUTION ¥l\ ml ml 0i iih. ^ Cmai». « B7.) Th« like, on » f»Htrnl judg- ■•at. George the Third, {S>'. tame d pv lyed to Ircde- niJ'mcntHof theaaid jcendcd to the said ithcr in fen-simple, — day of in vhich day^the said d out his original St him, was seised: ands and tenements 1 day of exhibiting nal writ) aforesaid, the said E.F. hisj by the oath of ho- ailiwick, you dili- tenements the salt! i''yiting the bill (ot| aid, h: ^y he- , /'. his father, and I nents are worth by 1 vahie of the same,] and when the said | ou diligently made, o the said //.i?. the I the appurtenances, according according to the true va^xe of tin - > ine ; to hold t« ChaV the said A. B. and his assigns, as his freehold, until XLl. the damages (or debt and dania^^ os) aforesaid shall be thereof fully levied ; and in what mtinuei you sii!ill have executed this our writ, make appearj^^Cc. u. before, p. 33a.) uVor^rthe Third, (&'c.) To the sheriff of « •«•) greeting: We command you, that you take C. />. j^X''l*^.7a ' if he shall be found in your bailiwick, and him safely «««'*j'i<^. keep, so thot you may have his body before us at Westminster y on next after to satisfy Ax B, of——/, which the said A, B. lately in our court , before us at Westminster, recovered against him, for lis damages which he had sustained, as well on oc- isasion of the not performing certain promises and indertakings then lately made by the said C. D. to le said A. B. as for his costs and charges by him ibout his suit in that behalf expended ; whereof the . baid C. D. is convicted, as appears to us of record; lid have there then this writ. Witness, (^c.) ■t li ■^rt,. Wan;. Gft;r^e the Third, (5 of /. (or of a certain debt of /.) 5ft\ (as m a common capias ad satisfaciendum, to the end). Is (§ 9') Afterwards, to wit, on the day of - — aVvu^rd of , r//i/<7i *^'^is samc term, the said A. B. comes here into couitj ad iuti-jnnrv- jjy jjjg attomcy aforcsaid, and prays the writ of the I mum, and /w/a- .,,, . r j i lunt. lord the king of capias ad satisfaciendum, to be di- rected to the sheriff of commanding him, tliatj he take the said C. I), if he be found in his baili- wick, and him safely keep, so that he may have hi; body before the said lord the king at Westmitr.kr^, on next after to satisfy the said A. B\ his damages (or debt and damages) aforesaid; anil BY CAPIAS AD SATISFACIENDUM. 387 comes here into court >rays the writ of the faciendum, to be di- mraanding him, that e found in his baili- that he may have his | it is granted to him, iCc. ; the same day is given to the said J. B. at the same place: At which day, before the said lord the king at Westminster ^ comes the said A. B. by his attorney aforesaid ; and the sheriff, to wit, sheriff of the county aforesaid, now here returns to the said lord the king at West' wji>«/er aforesaid, that the said C. D. is not found in his bailiwick: Whereupon the said A, B. prays an,- other writ of tlie said lord the king of capias ad sa^ tisfacirndum^ to be directed to the said sheriff of - commanding him in form aforesaid ; and it is I granted to him, returnable before the said lord the [king at Westminster , on next after ; the same day is given to the said A. B. at the same place : U which day, before the said lord the king at West" tinster, comes the said A. B. by his attorney afore- iid ; and the sheriff hath not sent the said lasl- lentioned writ, nor hath lie done any thing there- ipon ; whereupon on behalf of the said A. B. it is |ufficiently testilied in the said court of the said lord le king before the king himself, that the said C. D. ms up and down and secretes himself in the county ; and thereupon the said A. B. prays the .f^rit of the said lord the king of testatum capias ad itisfaciendum against the said C. D. to be directed the sheriff of the said county of command- g him in form aforesaid ; and it is granted to him, 1 urnable before the said lord the king at West min- er, on next after ; the same day is given the said A. B.sx the same placp. Chap. XU. Cos Ijiave 388 RETURNS, &C." Chap. I have taken the within-named C. D. whose body XLI. I have ready, at the da^ and place within contained, (§ ^-^ as within 1 am commanded. K««t,«rii of cebi mi ^ corpiu. , 1 he answer ot — sheriff. (§ 93.) Kon est iiiven tus. 'The witliiii-nanicd C. D. is not found in my baili. wick. '■■^''■;v . ■•' .; — • ■■• . ' :: - . 1- ■•- : ■. ' • , • , The answer, (&V.) {§ 9*) By vittue of this Writ to me directed, I made my j Mandavi ball!, mandate to the bailiff of E. F. esquire, of his liberty of who hath the execution and return of all writs and process within the said liberty, and with- out whom no execution of this writ could be made by me within the same; which said bailiff hath not given me any answer thereto. (Or,hath answered! me thus : I have taken the within-named C i), whose body I have ready, SCc.) , " ' ' . ' The answer, (Sic) ' li (§95.) Ge-or^e the Third, (5fc.) To the sheriff of — ' |hc Aiwt or j/hWm greeting : We command you, as before (or as often capias ad sai/s- . ■. i. . , J ^ \ faciendum. times before) we have commanded you, thatyoti •take, 8(c. (as in the former capias ad saiisfacienduw. altering the return). (§ 9C.) George the Third, (fiCc.) To the sheriff of — ^^"flalilH greeting: We command you, that you omit not by! siendu.n.. rcason of any liberty in your bailiwick, but that you I enter the same, and take, Skc. (as in the former «• jiias nd saliffacienduvi, altering the return). «^01i Gcom\ D. whose body rithin contained, r of sheriff, aund in my baili. le answer, (&'c,) cted, I made my lire, of his liberty j and return of al | iberty, and with- rit could be made ' said bailitf hath Or, hath answered: thin-named C.h^' The answer, (fiici the sheriff of — ■ before (or as often- ied you, thatyot s ad satisfacicnduw., the sheriff of — at you omit not by iwick, but that you I IS in the former «• the return). Gcom\ TESTATUM CAPIAS AD SATISFACIENDUM. George the Third , {S(c. ) To the sheriff of — - greeting: V\'^hereas we lately commanded our sheriff of -that he should take CD. if he should be 389 Chap. XLI. (§ 97.) dum. ^\ found in his bailiwick, and him safely keep, so that ad satUfackn. he might have his body before us at Wcstmimter, on a certain day now past, to satisfy A. B. of /. (or of a certain debt of /.) which the said A. B. I lately in our court before us at Westminster ^ had re- i covered against him, 6Cc. (reciting the former writ, [to the words, ** whereof the said C. J), was con^ ^victed, as appeared to us of record") : And our said sheriff of at that day returned to us, that the aid C. D, was not found in his bailiwick ; whereupon ' - - • ^n behalf of the said A. B. it is sufficiently testi- - - • • /* 'iied in our said court before us, that the said C. D. . ,^. , *,'' tuns up and down and secretes himself in your 5pounty: Therefore we command you, that you • ke the said C. D. if he shall be found in yourbaili- ick, and him safely keep, so that you may have s body before us at JVestminster, on next 'ter — — to satisfy the said A. B. of his damages r debt and damages) aforesaid; and have there n this writ. Witness, {Sic.) . ■ . ' -v George the Third, (S^c. ) To the chancellor of our (§ ^8.) unty-palatineofZ,rt?ifa5/t'r, or to his deputy there. ^'"'" '''^^' .*" * / '■ ' I J ■-) county-pa.a- eeting : Whereas we lately commanded our sheriff t»ne- that he should take, b(c. (reciting the former rit, to the words, " whereof the said CD. was onvicted, as appeared tons of record"): And our iid sheriff of at that day returned to us, that le said C D. was not found in his bailiwick; thereupon on belialf of the said A.B.itk sufficiently stifled in our suid court before us, th^t tl^e said CD, z^ Chap, XLI. (5 99.) C. D. runs up and down and secretes himself in our said county-palatine : Therefore we command you, that by our writ under the seal of our said county, i palatine to be duly made, and directed to the sheriff of the said county-palatine, you command the said j sheriff, that he take the said C. D. if he shall i found in his bailiwick, and him safely keep, so that he may have his body before us at IVestminster, on next after to satisfy the said ^. B. of hijj damages (or debt and damages) aforesaid ; and havej there then this writ. Witness, (&'c. ) Oeorge the Third , ( STc. ) To the sheriff of^ — I com. The like, from trreetinff : Whereas by our writ we lately a c«unty-pa- o o j ./ latint. manded our chancellor of our county-palatine of Lancaster J that by our v/rit under the seal of on- said county-palatine to be duly made, and direcfef' to the sheriff of our said county-palatine, he shoulJ command the said sheriff, that he should take, m (reciting the former writ, to the words, " whereoj the said C. 1). was convicted, as appeared to of record"): And our said chancellor of our sail county-palatine at that day returned to us, thatbif virtue of the said writ to him directed, he had, another writ imder the seal of our said county-pat tine duly made, and directed to the sheriff of tlia same county, commanded the said sheriff, asbytta said first-mentioned writ he was commanded ; whicij said sheriff, in answer to the said writ to him ' rected, had returned to our said chancellor, thattlii \ said C. D. was not found in his bailiwick ; whereupoj on belialf of the said A. B. it is sufficiently testitiei in our said court before us, that the said C. D. ruiiij up and down and secretes himself in your county ' ♦ Chap. XLI. ,6r ..-» BV TESTATUM CAPIAS AD SATISFACIENDUM. ' 99\ Therefore we command you, that you take the said C. D. if he shall be found in your bailiwick, and him safely keep, so tiiat you may have his body before us at WestminsU')\ on next after > to satisfy the said J. B.of his damages (or debt and damages) aforesaid ; and have there then this writ. Witness, (&"c.) ; ^ • .- .;■;* Geor^t? the third, (SCc.) To our chamberlain of (5 tOO-) our county-palatine of Chester, or to his deputy JJlfcLunty?" there, greeting : Whereas by our writ we lately palatine to i 111 11 ^ 1 . another, [commanded our chancellor or our county -palatini I of Lancaster, that by our writ under the seal of our [said county-palatine to be duly made, and directed to the sheriff of the same county-palatine, he ihould command the said sheriff, that he should ike, 6Cc. (reciting the former writ, to the wprds f* whereof the said C. D. was convicted, as ap- le^red to us of record") : And our said chancellor )f our said county-palatine of Lancaster at that day (•eturned to us, that by virtue of our said writ to um directed, he had by another writ, &Cc. (as in che 1st) ; which said sheriff, in answer to the said writ him directed, had returned to our said chancellor, Ikhat the said C. D. was not found in his bailiwick ; irhereupon on behalf of the said A. B. it is suffici- Jntly testified in our said court before us, that the |£aid C. D. runs up and down and secretes himself incur said county-palatine of Chester: Therefor^ jwe command you, that by our writ under the seal jof our said county-palatine of Chester to be duly jmade, and directed tothe sheriff of the same fcountyr >alatine, you command the said last-mentioned [sheriff, that he take the said C. D. if hie shall l^e found \ JiA. ^^ Yl i' 'if Ir nil i':^ J .; II ii 392 Chap. . XLI. The like,to a county- paJa- tine, after a removal from the frjoat-sti- sions by cerli- ornri, un- der the fctat, J9 Geo. Ill, c. 70, J *. : i- • ' EXECUTION found in his bailiwick, and him safely keep, sotliat he may have his botly before us at Westmiyistur^ on next after , to satisfy the said A. B. of his damages (or debt and damages) aforesaid; and have there then this writ. Witness, [isc.) George the Third, (&;V. ) To the chancellor of our county-palatine of Lancaster, or to his deputy there, greeting : Whereas we lately commanded our sheriff of that he should take C. D. late of if he should be found in his bailiwick, and him safely keep, so that he might have his body be- fore our justices of the gi'eat-sessions, holdeh at . ' — — in and for the county of on a certain day now past, to satisfy A. B. of ■/. (or of a certain debt of /,) which the said A. B. lately in our court of great-sessions, holden at aforesaid in| and for the said cwmty of , before our I chief-justice of aforesaid, and our other | justice of the said county, had recovered against ^him the said C. D. (&c.) whereof the said C. II was convicted, as appeared to us of record : Ami our said sheriff of at that day returned to our said justices, at the great-sessions aforesaid, that tliei said C. D. was not found in his bailiwick: And af- terwards, for certain reasons, wc caused the reconl| of the said recovery to be duly certified and re- moved from and out of our said court of the great- sessions aforesaid, into our court before us at /ff- mimler, according to the form of the statute in siicii case made and provided : And now, on bclialf < i . ilit said ^. B. it is sufficiently testified in our said court before ur, that the said C. D. runs up and down and secretes himself in our said county-pala- J .j.j.-i ^ tine: BY CA. SA. FOR THE RESIITUE. S99 and our other d recovei'ed against eof the said C. D. us of record : And | day returned to our IS aforesaid, that the I 5 bailiwick: And af- re caused the record | \y certified and le- l court of the great- rt before us at JVf.^i- af the statute in sue ii I now, on behalf "'" c^m testified in our said C. D. runs up andj ur said county-pa'ii- tine; I tine: Therefore we comnnand you, that by our Chat», writ under the seal of our said county-palatine to ^Ll* he duly made, and directed to the sheriff • " the said county-palatine, you command the said sheriff, that he take the said C. D. if he shall be found in bis bailiwick, and hiin safely keep, so that he may have his body before us, on wheresoever we shall then be in England, to satisfy the said A. B. of his damages (or debt anc! damages) afore- said ; and have there this writ. Witness, (>>(^ff.) .»f'4 ',<. r,;,',. : i.-i'H^v ]<:*% ;-ij^mstTi'h-r^ George the Third, (S(f.) To the sheriff of (§ lOJ-) greeting: Whereas by our writ we lately eom-^SLtfoi^ manded you, that of the goods and chattels', ^6. -the residue, (reciting the, /?m/«cw) : And you at that day re- turned to us at Wcstmmster, that by virtue of the > , ' said writ to you directed, you had caused to be made of the goods and chattels of the said C. D. i 1' parcel of the damages (or debt anti damages) aforesaid ; wliich money you had ready at the day and place in tlie said writ contained, to render to the said xi. B. for so much of his damages (or debt and damages) aforesaid, as by the said writ you were commanded ; and that the said C. D. had not any other or more goods and chattels in your baili- ' wick, whereof you could cause to be made the residue of the damages (or debt and damages) afore- said, or any part thereof: Therefore we command you, that you take the said C. D. if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us at JVeshnin- stcr, on next after to satisfy the said J. B. of — ^/. residue of his damages (or debt and daini^es) i9t EXKCUTION BY CA. SA. ii. ;,i;! Il;,v1i' !!; !■ i*il w. Chap. (§ 102.) damages) aforesaid ; and have there then this writ. Witnesn, (^c.) c i^ ■t ii*! ;•' i'v ;: tv ^, Iff y,..^,\, George the Third, {Xc.) To our chancellor of ■"I --'■■m The like, to « ^^r countv-palatine of Lancaster, or to his deputy county-pala- •' ' , ttfte. there, greeting: Whereas by our vmt we lately commanded you, that by our writ under the seal of our said county-palatine to b^ duly made, and di- rected to the sheriff of our s^id county-palatine, you should command the said sheriff, that of the goodg and chattels, S(c. (reciting the fieri facms) : And you " at that day returned to us, that by virtue of the said writ to you directed, you had by another writ under the seal of our said county-palatine duly made, and directed to the sheriff of our said cdunty-palatine, commanded the said sheriff, as by our said fir;t. mentioned writ you were commanded ; which said sheriff, in answer to the said writ to him directed, had returned to you, that by virtue of the said last- mentioned writ, he had caused to be made of the goods and chattels of the said C. D. 1, part of the damages (or debt and damages) aforesaid, which money he had ready before us, at the day and place in the said last-mentioned writ contained, to render to the said A.B. as by that writhe was commanded ; and that the said C. D. had not any other or more goods or chattels in his bailiwick, whereof be could cause to be made the residue of the damages (or debt and damages) aforesaid, or any part thereof: There- fore we command you, that by our writ under the seal of our said coiunty-palatine to be duly made, and directed to the sheriff of our said county-pala- fine, yn facias) : And you )y virtue of the said |r another writ under tine duly made, and lid cbunty-paiatine, ; hy our said fir;t- nanded ; which said •it to him directed, |, 1 rtue of the said last- ' *" to be made of the C. D. 1, part of es) aforesaid, which it the day and place lontained, to render le was commanded ; any other or more , whereof he could the damages (or debt fart thereof: There- ►ur writ under the to be duly made, ^* ir said county-pala- IherifT, that he take id in his bailiwick, ami AGAIKST KXECUT0R8 AND ADMINISTRATORS. and him safely keep, so that he may have his body before us at IVestminster, on next after to satisfy the said A. B. of /. residue of his da- mages (or debt and damages) aforesaid ; ,aud have there then this writ. Witness, (i^f.) ' , . , .. • S9f Chah. XLI. •.-1:v, > ■ To the slieritT of ■ (§ 103.) , , , , , Ciipi'tit ud satu* Whereas we lately commanded you, that fadendam George the Third, (^f.) greeting of the goods and chattels, ^f. (reciting the /m> j;;;"^;"^;^': a'asde bonis testator is. kc): And you at that day nistrator, afwr returned to us, that, iH aforesaid, that the said sheriff should in all things fully execute the said writ of the said lord the king; which said she- riff answered him, that before the coming of the levied award ^^^^ writ of the said lord the king to him diirected, of f';f i/jorf id- (}|ygj.g poods and chattels, which were of the said /^. F. deceased at the time of iiis death, came to ■-■■' ' the (§ 105.) F.ntry of le- tiirii of di'vas- ttivii, iipoji a ffri facias (k bonh ti'sfaloris, isV. to the county-pala- tine of lj".r- hum, and ft- warti of Jii^ri facins de lion.-s yrni.iisi and Hpari the re- turn of part and I'l Si"/ er goods and chattels of the within-named C. D, he had caused to be made the said /. for the costs and charges aforesaid, as ho was com- manded: Which said /. by the said slieriff brought here into court, by the same court here are delivered to the said A. B. in part of the damages aforesaid; therefore let the said sheritFbe acquittcxl of the said /. Kc, And as to /. residue of the damages aforesaid, it is considered that the said A. B. have execution against the said C. ." >f the said /. residue of the damages aforesaid, wf ths proper goods and chattels of the said C. D. Tlieve- fore it is commanded to the said chancellor of the bishoprick aforesaid, that by the writ of t^ie said lord the king to be duly made, and directed to t!ie sherifl'of the said county of Durham, he cause it to be commanded to the sheriff of that county, that of the proper goods and chattels of the said C. D. in his bailiwick, he cause to be made the said /. residueof the damages aforesaid; and that behave that money before the said lord the king at Westmin- star, on next after to render to the said A. B. in form aforesaid ; the same day is given to the said ^. ^. there, i(c. At which day. bsforsths sfiiwl Sirt CU^V. XLI. m mi 398 EXECUTION BtfV(»i m Chai». said lord the king ^i lVestmmsfn\ come« flic said XLI. ji. B. in hii ; 399 CfIA?, Xl.l. George the Third, (fife.) To the sTieriff of- dum. is 106.) freetinw;; We command you, that vou cause C. D. E"v'M'<"f Mate of to be demanded fi-om county-court to ^d (.■tiiftden' [county-court (or if in London, from liustingto hus [ting), until, according to tiie law and custom of ^Sngland, he be outlawed, if he doth not appear; jid if he doth uppe-ir, then that you take him, and i^ause him to be safely kept, so that you may have Ihis body before us, o.i wheresoever we shall dienbein Englutid, tc satisfy J. B. of /. (or of (a certain debt of /.) which the said /f. B. lately in our court before us ut Westminitter, recovered igiiinst him, &(c. (as in a common capias ad satisia^ uendum, to the words *' whereof the said CD. is convicted, as appears to iis of record") : And where- ipon you returned to us, on, 5("t*. (the return- day of Ihe capias ad satisfacifmhim,) last past, that the said D. was not found in your bailiwick ; and have ( ' I '■ ' '■ ' there Mii ml 4, V ,^,( .j,3^^j,^,.. V V , : t,; I In the King's Bench. ' ^ ' ..^. ^. plaintiff, . . ; Between - and ^ \ C Z). defendant. To Mr. J. B. (§ lOT.) Take notice, that^ intend, at the expiration of soKeift ''of his fo^^'tcen days from the delivery hereof, or so soon inuiiitiuii to after as I can be heard, to petition his maiestv's petition on the /..,■.•, i itr • r i i"^ k)vds'-act, court of King s Bench at Westminster, for such relief and benefit as I am entitled to, by virtue of an act of ■ ■ parliament made and passed in the thirty-second year of the reign of his late majesty king George the Second, iutitled, *' An act for the relief of debtors, with respect to the imprisonment of their per- sons," (^L\) and also of an act made and passed in the thirty -third year of the reign of his present raajesty, intitled, " An act for the further rehef of debtors," (iS^f. ) and also of an act made and passed ' in the thirty-seventh year of tlie reign of his pre- sent majesty, intitled, " An act to amend so much of the first-mentioned act, as relates to the weekly ' •" sums thereby directed to be paid to prisoners in exe- , - cution for debt, in the cases therein mentioned;" and that I have no debts, estates or effects wliat- L soever, nor had I at the time of my first imprison- ment in this action, or at any time since, either in possession, reversion, remainder or expectancy, other than and except what are mentioned and con- tained in the schedule or inventory here-undcr writ- ' • ■ ' ten, ' V i:d Lord Ellenbo^ iv..^'- vv V'- A. B. plaintiff, and C. -D. defendant. | t tlie expiration of hereof, or so soon ;titiou his majesty's ww/er, for such relief ,y virtue of an act of in the thirty-second esty king Gfon^e tk the relief of debtors, I unent of their per- ct made and passed ;veign of Iris present ,r the further relief of act made and passed" ohe reign of his pre- set to amend so mucli .•elates to the weekly •id to prisoners in exe-l therein mentioned; ptes or effects what. of my lirst imprisou-l time since, either m [inder or expectancy, 2 mentioned and con- itory here-under wnt-l tenJ ON ttlE lords' act. ten, (if there be one,) and the necessary Wearing apparel and bedding for myself and family, and the tools or instruments of my trade or calling, not exceeding the sum of ten pounds in value in the whole. As witness my hand, this day of 18—. m Chap. XLL CD. Witness E. F. A schedule of invehtory of all the estate and ef- fects, which IC. D. a prisoner in execution, in the custody of the marshal of the marshalsea, (or of G. //. esquii-e, sheriff of the county of ) at the suit of A. B. or any person or persons in trust for me, was or were possessed of or entitled unto, at . the time of my fust imprisonment, at the suit of the isaid A. B. or at any time since, either in possession, [reversion, remainder or expectaucy, other than and [except the necessary wearing apparel and bedding of [or for me and my family, and the tools or instru* icnts or my trade or calling, not exceeding ten "pounds in value in the wliole. As witness riiy hahd, - this day of 18 — . ' Hi'ul estate: (describing it, if any, according tc* the mode pointed out by the statute; or if there be lone, say, ** I have none, either in possession, re- Ivcrsion, remainder or expectancy.") Goods: (setting them forth.) ' ' "' * Debts: (naming the persons from whom they are lue, and stating the amount of them; and if arising 3n notes or bills, their dates, ^c.) , . C:Di Witness E. F. ■ • : ■ ' i D d in Is 108.) Schedule. ■'I . ,11-, m .m ■^2 XLI. « 109.) Afldavit to be annexed to no< tic* and 9cb«- dula. NOTICES, &C. In the King's Bench. . ' Between E.F.or A. B. plaintiff, and • ' C. D. defendant, maketh oath and saith. that he was . ,)"•■ present and did sec the above-named C. J), sign lii$ Atoi? (or mark) to the notice and schedule hereunto annexed, on the day of the date thereof, and also to a copy of the same ; and that the name E. F. sub. scribed as a witness thereto, is of the proper hand. writing of this deponent. . •, ■ ' E.F, Sworn, (&'c.) (5 no.) E. F. of — — maketh oath and saith, that he thij — instant I Affidavit of deponent did, on the day of jervire of no- ^ •' tice aad »che- (or last), serve the above-named A. B. with a true copy of the notice and schedule hereunto annexeil, by delivering the same to • at his dwelling-house oi place of abode, situate at in the county of . . Sworn^ (SCc.) E.l\ (? Ill-) Petition. To the right honorable Edward Lord EUenboroug'kA lord chief-justice of his majesty's court of King'sl Bench at Westnmisterj and the rest of the judgeij of the same court. The humble petition of C^ D, ' Sheweth, That your petitioner is a prisoner in the custody! of the marshal of the marshalsea (or in his majesty'sl gaol in and for the county of ), charged in exej cution at the suit of .^, B. for the sum of - — I- S* ACT. '- Riages and costs, (or ?. debt and -= — I. da- mages,) as by the certificate annexed more fully appears. That yoiir petitioner humbly apptehends he is en- titled to the benefit of an act of parliament made and passed in the 3 2d year of the reign of his late I majesty king Gw/'^^c' the Second, intitled, " An act for the relief Of debtors, with respect to the impri- sonment of their persons, (SCc.)" and also of an act iinade and passed in the 33d year of the reign of his )resent majesty, intitled, *' An act for the further klief of debtors, (5Cc.)" and also of an act made and }assed in the 31th year of the reign of his present lajesty, intitled, '* An act to amend so much of the ^rst-mentioned act, as relates to the weekly sums lereby directed to be paid to prisoners in execution >fca debt, in cases therein mentioned." 40i Chap. XLI. »: ;'l Lord Elknhovougl\ [sty's court of King's I Ihe rest of the judgeil ' I That your petitioner' hath not at the time of exhi- Hitingthis his petition, nor had he at the time of his iferst imprisonment in this action, or at any time since, jpy debts, estate or effects whatsoever, either in )ssession, reversion, remainder or expectancy, other Ian and except what are mentioned and contained the schedule or inventory hereunto annexed, (iif bre be one,) and the necessary w6aring apparel ^d bedding for himself and family, and the tools or iplements of his trade and callings not exceeding ke sum of ten pounds in value in the whole. I I [Your petitioner being willing and desirous td iform himself to the directions of the said se- feral a«t3, most humbly prays your lordships to Dda grant j .5 .'■ if- II 3 : 4l & ai ''111! Hl|!lil!i h'ij^ •404 Chap. XLI. NOTICES, kCi grant a rule or order of this honorable court, for the plaintiff to shew cause why he should notbn discharged pursuant to the said acts. And your petitioner, as in duty bound, will fcver pray, ^c. •-- ^ • ' v? '^ / ; : .; ■ . : C. D. Schedule (if any) as before, p. 401. /J. F, of makotli oath and saith, that he tliijj di.'ponentdid see G. II. the keeper of his ujajesty ture of certifi- gaol or prisou of, {^c.) sign the certiticate hereto an- nexed ; and that the name G. II. set and subscribed at the foot of the said certificate, is of the proper! hand-writing of the said G. II. Sworn, {^c.) , ; - • - y-t 112.) Aiiiilavit of jsaoler's siana ture c crate. (^ 113.) Affidavit of »vrvioe of rule. E. F. of-; maketh oath and saith, thathctiiil deponent did on the day of instant, perl sonally serve tliu above-named A. />. with a tnicj copy of the rule hereto annexed. (Or if the servlcf|p* was on his wife or servant, say, *' serve the abovtl named A. B, with a true copy, (^V.) by deliveriii:^^ the same to the wife, or servant, of the said A. B. s| Lis dwelling-house or place of abode, situate at- in the county of .") ' _ . . ' E.^ S$worn, (5(r.) ' ,/ . (§ Uf.) J. B. -V I hereby promise to pay ixn^k allow to C. l\ V. ( three shillings and sixpence per wenlj 7 weekly, on i1/ow- with a tniel :cd. (Or if the servicl «' serve the above I jy, {S^c.)hy delivcnn] bt, of the said J. i^5| abode, situate at- puy and allow to C. i) ll sixpence per wm fin overy week, fors •• loni ON THE LORns ACT. iont^ time as he shall continue in prison ia execution lit my suit. As witness my hand, this ■> day of — '.IS—. ^'■'"' ^ '•••'' ■'"''' Witness E. F. ' ^. B. In the Kins's Bencli. 405 Cfiap. XLI. ■• • l.- ' A. B. plaintiff, (§ ii5.) Retween j)jjfl Notice on coin'" pulsiVtMlaiise, C. D. defendant, to piiMjuer. ' fiir, Take notice, that I intend on the first day of next term, or as soon after as I can be heard, to [petition his majesty's court of King's Bench at IVrst- Iminster, for a rule or order of the said court, direct- ling you to be brought up into this honorable court, ^ Jin order that you may be compelled to discover and liver into the said court upon oath, a true ac- ^ Jcount in writing, signed by you, of all jour real and )ersonal estate, and of all incumbrances affecting the same, according to the best of your knov ledge |ind belief, in order that your estate and effects may ie divested out of you, and may by the judges of le said court be ordered to be assigned and con- j^reyed, m manner and for the purposes declared in ind by a certain act of parliament, made and passed In the 32d year of the reign of his late majesty king reorge the Second, intitl^d, " An act for the relief )f debtors, with respect to the imprisonment of their persons, and to oblige debtors who shall continue in jxecution in prison beyond a certain time, and for bums not exceeding what are mentioned in the act, to make discovery of and deliver upon oath, their »states for their creditors' benelit ;" and also in and )y a certain act of parliament, made and passed iij D d 3 the i Uli' I'i H4 40S NOTicis, lf.e. Chap, the SSd year of the reign of his preseqt majesty, in, XW' titled, '* An act for the further re]ief of debtors, with respect to the imprisonment of their persons, and to oblige debtors who shall continue in execu. tion in prison beyond a certain time, and for sums not exceeding what are mentioned in the act, to make discovery of and deliver upon oath, their estates for their creditors' benefit." Dated the day of 18-—. J.B. the above-nanied plaintiff. To Mr. CD, the abov^-named defendant. Witness^./". J f |il|lj|| (§116.) The like, to other credi' tqrs. Jn the King^^ Bench, Between J. B. plaintiff, and <7, D. defendant, Sir, Take notice, that I intend on the first day of next — tferm, or as soon after a« I can be heard, to petition his majesty's court of King's Bench at JVtst- niinsier, for a rule or order of th? s^id court, direct- 1 ing the above-named defendant C. D. to be brought I up into I this honorable court, in ovder that he may I be compelled to discover and deliveir into the said | court upon oath, a true account in writing, signe(i by him, of all his real and personal estate, andofi all incuQibirances afTccting the same, accoifding to I the best oi^ hi;^ knowledge and belief, in prder thatj his estat?^ and eflfect? may be divested out of him, and naay by the jud^^ of the said court be ofdere(l to be assigned and conveyed, in manner and for thel purposes d^cla^^Qd in and by a certain act of parliaJ . .. '. tnent, ke. i hi? present majesty, in, ther relief of debtors, nment of their persons, ball continue in execu, ain time, and for sums :ntioned in the act, ta liver upon oath, their ?nefit." Dated the — . J.B. above-n^mcd plaintiff. A. B. plaintiff, ?eo and C. -D. defendant,! m the first day of next as I cun be heard, tof King's Bench at West-. the s^id eourt, direct- It C. D. to be brought , in ovder that he mav I deliver into the saidj int in writing, signetj ersonal estate, and of e same, acco^-ding to I belief, in prder tliatf divested out of him, said court be orderecj in manner ^nd for thej certain ^ct of parllar pieijt, : Between ON THE LOROs* ACT. in..t, made and passed in the 32d year of the rei.n :; 'T ^''' r-^'^f >• ^'^^ ^^orge the Second, intitled ^^nactfortherehefofdebtorV'^/casinthe - ^ J.B. rr r^ rrl^ *^« above-named plaintiff: To G. II. (&c.) creditors - ' - of the above-named defendant. Witness J. K. . , ' . ' ' ■' In the Kind's Bench, '" ^. B. plaintiff) and ^Shewcth, ■ * ,;n V, . . ._. . , f- appear, by .he a„„e«d cer.,fica.e "~' (in an actof parfL. JJ "'f 7°"''™'''''' <='»"« year of .he rei™ „7hi 'w •""' "^"^ '" ">' 32d l-vith respec. to .he it" "'""'*^ "^ <•«■«»«. ' *^ d 4 J • aiacovejy ^07 Chap. (5 11.7.) P«titi«n. 'iia ii ii 1.^ Jfi 11 11 jl -' 1 4Cii % w Chap. (§118.) WatTant ot at- torney, to ac- knowledge sa- j^isfactiun. SATISFACTION. '^^ , ' * discovery of and deliver upon oath, their estates fof their creditors' benefit;" and also of an act of par- lianjcnt, made and passed in the 33d year of the reign of his present majesty, intitled, " An act for the further relief of debtors, with respect to the ini. prisonment of their persons, and to oblige dcbton who shall continue in execution in prison beyond a certain time, and for sums jiot exceeding- what art mentioned in the act, to make discovery of ami deliver upon oath, their estates for their creditors' benefit ;" to compel the above-named defenilant C. D, to delivei' into this honorable court upon oatli, a true account in writing, signed by the said de- fendant, of all his real and personal estate, ancloti all incumbrances affecting the same, according to I the best of his knowledge and belief, in order that }iis estate and effects may be divested out of him, and assigned and conveyed in nianner and for tlic purposes declared in the said sevcrd acts. ,f . < Your petitioner therefore humbly prays a rule or i order of this honorable court, for the abovc-namod defendant C. D. to shew cause, why he should not| fjonform himself to the directions of the said acts. ^nd your petitioner shall ever pray, hl^c. . j,v'i' %\^-t 'i the above-named plaintiff, j ?«»' '"",'_' Jo ^.F. G.II. and J,K. attornics of tlie| court of King's Bench at Westminster j]o\n\\s , and severally, or to any other attorney otj the same court. , > . . Whereas I A. B. of lierctofore, to wit, in or] about the term of last past, obtained llii.'l 1.^ ^ l«:*l, M si"'V * jiidguicntl SATISFACTION. 409 ■ctofore, to wit, in or past, o1)tuincil i'mM jiulgmcnt inliis inajt!.-.ty's ci^nrt of Kind's Bonch at Wcstminslir, ajiainst V. I), ot for /. dcht jiiij. /. costs, (or for 1, clamagos and r osts,) as by the record thereof may appear : And w licrcus J the said A.li. have received satisfaction for the same : Tiiesc are therefore to desire and authorize you, the attornics ahove-nauied, or any one of you, or any gther attorney of the same, court, to acicnow- ledge and enter satisfaction uiion the record of the same judgment; and for your so doing, this sljall 1)0 vour sufficient warrant and discharge in that be- I half. In vyitncss whereof, I have hereunto set my hand and seal, the day of in the year of the reign of our sovereign h)rd George? the Third, by the grace of God of tlie united kingdom of Great Britain and Ireland king, defender of the faith, and in the year of our Lijrd 1 8 — j Sealed and delivered, being first duly stamped, in the > : J. B, presence of , Chav. XU, tern«, in the year of the reign of King George the Third. ■ .J--. .... ..'■.■^.'. ..^ ,k: T,.T \: Way. (to wit) . Satisfaction is acknowledgoil between J. B. plaintiff and C D. defendant, of a plea of trespass on the case, for /. damages and costs, (or, of a plea of debt for ■: /. debt, and /. damages, Kc.) E. F, attorne Judgment entered of ■ y- term Geo. III. Roll (5 1!?.1 fad-sfactioii- Afterwards, to wit, on - >y original, on in the next after (or (§ 120.) - year of the rei^n of '■■"">' of sati.. ' our 410 SATISFACTtOW. i i ' h4 ik Chap. The Ukc, nfler •n cnlry of a Htri facias and our sovereign lord George the Third, now king of the united kingdom of Great Britain and Ireland, &c. before thu said lord the king at Westminster, Cometh the aforesaid ^. B. by his attorney afore. said, (or,by^. /'. his attorney in this behalf,) and acknowledgeth himself to be salistied by the said C. D. of the damages costs and charges aforesaid, (or in debt, of the debt and damages aforesaid); Therefore let the said CD. be thereof acquitted, &'"(•. Afterwards, to wit, on next after — in — term, in the year aforesaid, the said A. R, retorn, on the comes here into court, by his attorney aforesaid, and ir.^iil.c. u. P^'a^ys the writ of the lord the king oi fieri facias, to $.8, be directed to the sheriff of , for levying the said sum of /. being the damages aforesaid, in form aforesaid assessed ; and it is granted to him, returnable before the said lord the king at West. minster y on next after ; the same day ij given to the said A. B. at the same place : At which day, before the said lord the king at West. minster aforesaid, comes the said A. B. by his said attorney; and the sheriff, to wit, sheriff of the said county of now here returns, that ho lias caused to be levied of the goods and chattels of the said C. D. the said .sum of /. as by the said writ I he was commanded. And hereupon the said A. B. freely here in court acknowledgeth, that he is fully paid and satisfied all such damages so assessed as j aforesaid, together with his costs of suit, and all reasonable charges for executing the said execution : Therefore let the lands and goods of the said C. D. | be forthwith discharged of the said execution, ac- cording to the form of the statute in such case made ] jmd provided. f A [ 411 ] ♦■■ii>' bird, now king of 'itain and Ireland, g at Westminster, lis attorney afore. n this behalf,) and isfied by the said I charges aforesaid, [amages aforesaid): lereof acquitted, ivf. nest after -, ia :said, the said A.B. orney aforesaid, and ing oi fieri facias, to — , for levying tho amages aforesaid, in t is granted to him, d the king at WaU — ; the same day is e same place : At the king at WesU id A.B.hy his said t, sheriff of the returns, that he lias I Is and chattels of the I /. as by the said writ upon the said A. B. ;eth, that ho is fully .mages so assessed as | ists of suit, and all I the said execution: ids of the said C. D. said execution, ac- ta in such case made '.->< „..^»' CHAP. XUI. .. . ;; , . ' ' . ' ' , l> . Of Scire Facias, ..■>••• , ." * ' \ ' ^ "i Middlesex. Sci RE facias for A. B. against E. F, ^ (§ 1.) and G. /^. bail qf (7. D. for /. damages (or ,,-^5*„v„ /.debt, and /. damages), returnable on, •«»">«» »>»»• i" y. A' attorney. •: f;i-^ (i^C.) agai a recognizaac* by biU. George the Third , (3f c. ) To the sheriflT of Mid- (5 2.) toe^, greeting: Whereas i?. /'. of and G,H. f^if^^i.^. of heretofore, to wit, in term, in the year of our xeign, came into our court before us at Westminster y in their proper persons, and became pledges and bail, and each of them became pledge nnd bail, for C. D. that if the said C. D. should hap- : pen tp be convicted, at the suit of A. B. in a certain )lea of trespass on the case upon promises, to the lamagc of the said A. B. of /. (or in deht^ in a f certain plea of dehl for 1.) then lately com* menced and depending in the same court, by and at the suit of the said A. B. against the said C, D; j then the said E. F. and G. H. consented, and each i of them consented, that all such damages (or in deht^ that as well the said debt, as all such damages) as [phould be adjudged to the said A. B. in that behalf, phould be made of their and each of their lands and phattels, an^ levied to the use of the said A. B. if it ihould happen that the said C. D. should not pay and i I V I t !'! 'J I J Mil. * f fc I.' WRITS or 8CIRR FAMAS jini .'atisfv tlio sai'l il;iiii:iLj(>s (or in Hif>f, tlio smrl debt and ili without our writ, and by the judgment of thcAHine coiul:, recovered in the said pleu, against the s.iii C. 1). /. for iiis dauiages wliieh he had sustainnl, ,as well on occasion of the not v'lrforniing cerlain promises and undertakings, then lately made byiln said CD. to the said A. B. (or if in deht^ the said debt, and also ■ ■ /. for his damages which he had I sustained, as well by means of the detaining of tlit »aid debt) as for his costs aiul charges by him about I his suit in tliat behalf expemled ; whereof the wild C ]). is convicted, as by the record and proceed! ings thereof, still remaining in our said court before us at Jycstminstcr aforesaid, more fully ap[)i'ais; yet the said C. J), hath not paid or satisfied the s.iid iiainagcs (or delit and damages), or any part therrnlj ^o the said J. li. or rendered himself to the prison of the marshal of our marshalsea before us, on tli,ii| xiccusion, according to the form and elfeet of tlk said recognizance ; and as well the siiid recogiii-l zance, as the said judgmcMit, still reitiain in liillforit'l and cfi'ect, in no wise set aside, reversed, paid oli I or satisfied; as we have, received information fioiiil the said A. B. in our said court before us : Wliiivj ^"orc . the said A. B. htith humbly besought us t provitijw' M,-'i in dil^f, tin' ^nul iisclf to tlK^ prison H'Wn-v. us, on that siiid rccnmii/iiticc, before us lit U'csl- ip pours •. And iil. •ds, to wit, in rcip;n, in our siiid • aforesaid, hy l.ili li;meiit of t lie Mime t?a, Jigaiiist tiif siiid .•hlie had snstiiim'(l, virforn\inf>; cevUviii II lately made by tlir if in (lcf>t, the siiid mages which he hud the detaining of \\k harges by him about :l ; whereof the said ecord and proeeeil 3ur said court before iiorc fully appini> or satisfied the siin , ()ranypartthercnl',| iiiinsclf to the pvisnn a before us, on tlii Ml and elTeet of tlk 41 the said vecogiii- ill remain in full f('i« le, reversed, paicUli ved information fiom •t \)efore us : Whciv- mbly besought us ti pro\-i'l« ACMN^T li\IL. 4i8 )Mo\'ulii liiin a proper remedy in tiiis behalf ; mi'l Cn\?, wv. luin); willing that what in just in this behalf XUI. siioiild be done, command yon, that by honest and Jaudd men of yonr bailiwick, you mak(^ known tu rlu'said A'. /''. and G.J/, that tluy be before us at J lave or miii.ifcrj on lu^xt after to shew if tliey knon, or if either of them hath or knowetli. of any thing to nay for tJKMnselves or himself, why the said y/. Ji, onght not to have execution against the said A'. /'. and (i. II. for tho damages {or debt and damages) aforesaid, according to the force, form and elVi-ct of the said recognixance, if it shall seem expedient for him so to do ; and further to do and receive what our said court before us shall then and thi're consider of them in this behalf; ami havi* [/ tiierc then tlie names of those by wlioniyon shall so maker known to them, and this writ. Witness Kil- "u-urd Loj-d Ellvnborough at Ji't'sit/iinslcr, the ■ (lay of in tlie — rear of our rciffu. (p.) George tlie Tlnrd, (.SV.) To the sherilT of Mul^ d!f'se.i\ greeting: '.V^ljereas /;. F. of- — and G. JI. '''"' '•'*" "" ** ot Ik ivtotore, to wit, m term, in the !>y xniln.i i; year of our reign, came into our court before us at m Jrcsiminsfir, in their proper persons, and became, pledges uhd manucaptors, andeaci: of them by him- * self became pledge and nmnucaptoi-, for C. D. late of — and then and tliere acknowledged tiiemselves [to owe, and each of them did acknowledge himself to owe to A. B. the sum of /. and did submit land grant for themselves and their heirs, and each lof them did submit and grant for himself and his jheirs, that the said sum of /. should a,nd mis^ht 'je made of t}j«ir and each of their lands and cliar^ ■ ' teJs, ■1 1 1 1 ■R^Hf 1 1 uH I'B ' H 1 ■■f B '• t iB l»' ^H. ,.l ^B' J iH yb';- 1 HE 1 BE 1 ■ ■HH tf (!'■ ■ ! \\. 414. 'J Chap. XLII. / y WRITS 6t StltLE FACIAS tets, and levied to and for the use of the saia A. Si in case the said C. D. should happen to be convic- ted, in a certain plea of trespass dn the case upon promises, to the damage of the said A. B. of /. (or in debt^ in a certain plea of debt for /.) then lately commenced and depending in the same court, by and at the suit of the said A. B. against the said C. D. and if the said C. D. should not pay and satisfy unto the said A. B. all such damages (or if in debty as well the said debt or sum of /. as all such damages) as should be adjudged to the said A. B. in the plea aforesaid, or render himself to the prison of the marshal of our marshalsea before us on that occasion ; as by the record of the said recog- nizance, still remaining in our said court before us at Westminster aforesaid, fully appears: And al- though the said A, B. afterwards, to wit, in term, in the year of our reign, in our said court before us at Westminster aforesaid, by our writj and by the consideration and judgment of the same court, recovered, SCt. (as in the last, to the manda- tory part of the writ, which is as follows): that by honest and lawful men of your bailiwick, you make known to the said E. F. and G. H. that they be be- fore us, on wheresoever we shall then be in England^ to shew if they have or know, or if either of them hath or knoweth, of any thing to say foi' themselves or himself, that is to 5*ay, the said E.F. why the said sum of -/. by him inform aforesaid acknowledged, should not be made of his lands and chattels, and the said G. H. why the said sum of /. by him in form aforesaid acknowledged^ should not be made of his lands and chattels, and levied to and for the use of the said A. B. according td ■'■ A0AIN8T BAIL. ' , lo ihe force, form and effect of th<^ said recogni- zance, if it shall seem expedient for him so to do j and further to do and receive what our said court before us shall consider of them in this behalf; and have there the names of those by whom you shall so make known to them, and this writ. Witness JSdward Lord Elienbo rough, {kc.) 415 Chap. XLII. George the Third, («fc. ) To the sheriff of Mid- dlesex, greeting : Whereas E. F. of of heretofore, to wit, on the day of in term, in the — (§*.) J /-• Tf The like, oam ana cr.xz. recognizance taken before a commitsiooer year of our rcign, came intheceuatr/. in their proper persons, before a commissioner duly empowered to take and receive all and every such recognizance or recognizances of bail or bails, as any person or persons shall be willing or desirous to acknowledge, or make before him, in any action I or suit depending in our court before us, according [to the form of the statute in such case made and [provided ; and then and there, before the said lo being such commissioner as aforesaid, becan|^ pledged, S(c. (stating the recognizance, as in the )rmer writs) ; which said recognizance afterwards, to wit, on the day of in the year of nir reign, was duly transmitted by the said so )eing such commissioner as aforesaid, to the honor- ible then and still being one of the justices of ur said court before us, at his chambers in Ser~ ^'canfs'^Itm, Chancery- Lane, London, and by him tlie said justice was afterwards, to wit, in term, In the year of our reign, produced in our said :ourt before us at Westminster aforesaid, and then ^nd there recorded in the same court ; as by the lre«ord thereof, still remaining in our said court before .* i" '416 •^:''\ WRITS OF SCIKE FACIAS I'l 'I I'l; 'I (E M I'Hs ..la, CHAi>; XLII. m before us at Westminster aforesaid, move firlly af * '-^^^^l^^^r ill f I m 1 4iS" WRITS OF SCIRE VACIAS CriAP. verccl against C. D. /. for his damages whicli Xl-^ll. he had sustained, as well on 0€casion of the not . performing certain promises and undertakings then lately made by the said C. D. to the said A. B. as for his costs and charges by him about his suit in that behalf expended, whereof the said C /). had Wen convicted, as appeared of record in our said court before us at JVestminster ; and also recitinjj that the said C. D. had brought a writ of error upon the iudginent aforesaid, returnable before our jus- tices of the Common Bench, and barons of our ex- chequer of the degree of tlie coif, in our Exche- quer chamber ^t Westminster, on the — - day of in the year aforesaid ; if therefoie . .■ ' the said C D. should prosecute the said writ of er- ror with ellect, and should also- pay and satisfy to . ,. ' the said^i. B. if the said judgment should be af. firmed, or tlie said writ of error be discontinued in his default, or he should be nonsuit therein, as well the damages costs and charges aforesaid, adjudged I i upon the said judgment, as also all such cosi^ charges and damages, as should be awarded to die |J ¥>zi\di A. B< for the delay of execution of thejudg.| » ment afonosaid, by pretext of prosecuting the said |; writ of error, then that recognizance was to be void, or else to be and remain in full force and virtue. Which s&id recognizance the said justice afterwards, to wit, on the day of in the year aforesaid, brought into our said court before us toj be enrolled , and the same was then and there en- 'rolled in our said court before us, as of terra) in the year aforesaid; as by the record thereof, now remaining in our said court bufore us at W(:sl'\ minstar -fore.sai4, mai)ifestly appears: And suclij . .- . . • . . ' proceed-! h m // his damages which K:casion of the noi undertakings then o the said A. B. ai n about his suit in the said C. D. had record in our said ; and nho recitin^^ a writ of error upon able before our jus- ' f»d barons of our ex- coif, in our Exche- , on the foresaid; iftherefote] ^e the said writ of ev- so- pay and satisfy to dgment should be at •or be disconitinueJ in I msuit therein, as well I i aforesaid, adjudged , also all such costs ] ddbe awarded to the I' xecution ofthejudg.| prosecuting thcisaidl, izance was to be void,p ill force and virtue. aid justice afterwards,! in the ye«| lid court before us toj as then and there en-l re us, as of term ,y the record thereof,| trt bofore us at IVt^t- appears: And sucli, proceed- AGAINST BAIL. proceedings were hod on the said writ of error in our court of Exchequer-chamoer aforesaid, before our justices of the Common Bench and barons of out [ Exchequer --.foresaid, that afterwards, to wit, on Ujie day of in term, in the year lof our reign, the said writ of error was duly ncn- [prossed (or, the judgment aforesaid was in all things iffirmed); and /. were then and there, in and )y the said court of Exchequer-chamber, adjudged jfo the said A. B. according to the form of the statute xitt such case made and provided, for his damages )sts and charges, which he had sustained and ex- tended, by reason of the delay of the execution of le judgment aforesaid, on pretence of prosecuting le said writ of error ; as by the record and proceed- jlgs thereof, remitted by our said justices and ba- is from the said court of Exchequer-chamber, into ^r said court before us at Westminster aforesaid, wording to the form of the statute in such case le and provided, and now remaining in our said n i, ■ )■ ■ ,', < '■' ■ 1 ;1 ■ I: :-i- ?! ri^j jilfi'il /« ll 420 PROCEEDINGS IN SCIRE FACIAS .•«.■<», Chap. XLII. be before us at IVcst minster, on next aftei' to shew if they have or know, or if either of tliem liath orknoweth, of any thing to say tor themselves or himsulf, why the said A. B. ought not to havehi* i execution against them, and eachof them,of the said sum of /. by them jointly and severally acknow. I ledged in form aforesaid, according to the force form and effect of the said recognizance, if it sliaui seem expedient for him so to do ; and further to doj and receive what our said court before us shall thcDl and there consider of them in this behalf ; and 'lavel there then the names of those by whom yc x shall sol make known to them, and this writ. Witness Ei\ ward Lord Ellcnborough , [Uc.) (^,j Gfor^e the Third, (5sV.) To the sheriff of -/l//?.| Theiike.where dlese.v, greeting: Whereas ^. Z^. of and G.E\ zr„c:3 L. '^f on the day of ^ in 1 en in couru the year of our reign, came into our court beJ fore us at IVestmhister, in their proper persons, arJ according" to the form of the statute in such ca: made and provided, acknowledged, S(c. (as in tji last, omitting the enrolment of the recognizant;) George the Third, {S^c. ) Ta the sheriff of yl/iij dlcseXf greeting: Whereas, i(c. (as in the first wn inserting these words, after the command to the riff, " as before we have commanded you," altering the teste and return). . « 8.) AliHt scire fu' ciaf against bail. SIH Entry of pro- vc<;ding8, and judgment by default in scire facias against bail, upon the tetiira of scire /eci. As yet of term, in the y vesLV oftij Witnti: reign of king George the Third. £dzi;ard Lord Ellenborough. Middlesex, to wit. Our lord the king sent to ■ • M AGAIKST BAIL, .y.'.t^vr* 42X next aftcV — • or if either of them to say for tliemsclves ouglit not to have hi* chofthem,ofthesiii(l ,n the said A. B. in his proper person ; and the said I sheriff of Middlesex, as before, returns that thesad E. F. and G. H. have not, nor hath either of them, lany thing in the bailiwick of the said sheriff, whertj or by which he can give them or either of them no. I tice, as by the said last-mentioned writ he is com- 1 manded, nor are they the said E. F. and G. H.m\\ is either of them, found in the same ; and the saidj E. F. and G. II. although on that day solemnly dt manded, come not, nordotii cither of them comeJ but make default : Therefore it is considered, tlia, the said A. B. have his execution against the saicl E. F, and G. H. of the damages (or debt and da mages) aforesaid, according to the force, form and! effect of the said recognizance, by the default oj| ]them the s?iid E. F. ^nd G. II. &c. The like, by original. Therefore it is considered, that the said A. i\ have execution against the said E. F\ and G. H. tliatl is to say, ag9,inst the said E. F. of the said sum oil /. by him in form aforesaid acknowledged, ani again? t the said G. H. of the said sum of /. l))| hinl IE FACrAS ! it is considered, tliaj ution against the saiJ ages (or debt and da I to the force, form atiil ce, by the default oil '. &c, • ' Ht.""rt AGAINST BAIL. •42G him in form aforesaid acknowledged, accouUtig to the force, form and effect of the said recognizance, by the default of the said E. /'.and 6'. JI. iScc_. j-<^| Chap. XLII. And the said E. F. and G. II. say tliat they can- {% i^> not deny the action of the said A. i?.nor but that ]^^;'^^ jj'^'" execution ought to be adjudged to him, against them tiie bail. the said /;. F. .A G. If. that is to say, against the ^ , . said F. /'of the said sum of /. by him in form/ .->Hr-8i*,'(t aforesaid acknowledged, and against the said G.II. of the said sum of /. by him in form aforesaid acknowledged, according to the force form and ef- fect of the said recognizance, together with h is costs and charges by him about hissnitin this behalf laid out; and hereupon the said A. B. prays judgment, and that execution may be adjudged to him, in form aforesaid: Therefore it is considered, that the said Judmncnt A. B. have his execution against the said E. F. and ^'c"«^i . C-- ^-J ^ G.II. that is to say, against the said E.l . of thesaii li " -: • i t ' , .. r..:i.. \. 'I 1 f 424 rnOCEEDINCS IN SCIRE FACIAS Chaf. XLII. Note of ap- peuranct). A. B. against E. F, and another, bail of C. I), I appear for the bail, upon the writ ofscin'/acias issu >d in this cause. Your's, S(c. X. AI. attorney, To Mr. 7. JT. .(ti 'io fff' (§14.) ^' ^ 7—— term, in the year of- the reign of P«ciaration jn ' Icing George the Third, gainst hail, up. Middlesex, to wit. Our lord the king sent to bis 0.1 the return sheriff ofMrfr//MfT, hls writ close in these words,that is to say : George the Third, Sic. (copy the scire facias, and proceed as before, p. 421. to the end of the sheriff -s return, and conclude as follows): And the said £.F. and G.ff. being solemnly called, come by their attorney ; and hereupon the said A. B. prays that execution may be adjudged to him j against the said E. F and G. H. of the damages (or debt and damages) aforesaid, according to the force, I form and effect of the said recognizance, ^f. ft' l!:4i> ir^ (8 15.) Middlesex, to wit. Our lord the king sent to hijl The likcj uport sheriff of Middlesex, his writ close in these words, thati turned. '^' ^^ *° ^ay : George the Third, i(c. (copy the first 5n« facias to the end, and proceed as follows) : At whicU day, before our said lord the king at WestminskrX came the said A. B. in his proper person ; and thel sheriff, to wit, sheriff of Middlesex aforesaid,! thereupon returned to our said lord the king, that the said E.F. and G. H. had not, nor had either ofj them any thing in his bailiwick, where or by whicli he could give them or either of them notice, as by the said writ he was commanded, nor vyere they thej . ^aid E. F. and G. H. nor vyas either of them found inl FACIAS Other, bail of C. 1), J writ oiscirc/aciai r's, ^t\ X. A/- attorney. ni , I . year of' the reign of i. I the king sent to liis se in these words, that SCc. (copy the scire I. 421. to the end of ude as follows): And !ing solemnly called, and hereupon the said ly be adjudged to him f. of the damages (or ccording to the force, , (gnizance^ 8Cf. [d the king sent to his I )se in these words, that! (c. (copy the first sci«l as follows): Atwliicli| Iking at Wcstminskr, loper person ; and the I Middlesex aforesaid,! ^d lord the king, that pot, nor had either of I :, where or by which | jif them notice, as 1)} , Id, nor were they the! leitherofthemfouiul V AGAINST BAIL, .' < in the flame ; and the said E. F. and G. II. c»mc not, nor did eiilior of them come : Therefore, as before, it was toininanded to the sheriff, that by honest aiwj lawful mtMi of his bailiwick, he should make knqwn to the said E. F. and G. II. that they should be be- fore our said lord the king at WestminUr^ on « next after to shew in form aforesaid, if, 5Ct\ and further, SCt'. the same day was given to the said A. B. there, &V. At which day, before our said lord the king at Westminster^ comes the said A.B.'\n\\\'i ](>roper person ; and the said sheriff of Middlesex^ as before, returns that the said E. F. and G. II. have not, nor has either of them, any thing in his bailiwick, whereby he can give them or either of them notice, as by the said last-mentioned writ he is commanded, nor are they the said E. F. and G.II. nor is either of them, found in the same ; and the 9aid E.F. and G.II. being solemnly demanded, come by their attorney ; and hereupon the said \ui. B. prays that execution may be adjudged to him Kigainst the said E.F. and G.II. of the damages (or lebt and damages) aforesaid, according to the force, )rni and effect of the said recognizance, 5Cc'. V terni, in the year of the leign of king George the Third, |,,(;; ,-{^,;\ i ,;. Middlesex^ to wit. Our lord the king sent to his jheriff of Mi4dlescr^ liis writ close in these words, fhat is to say : Geoi^e the Third, ^''c. (here copy the irit and declaration in 5c<';r/rtcm). And the said E. F. and G. H. by their at- )rney, ccme £tnd say that the said J. B. ought not (have execution, ^c. (here copy the pleadings, be- inniug each with a new line, and conclude with le award of the venire facias ^ in the coniwon form.) As 435 Chap. XLII. (§ 16.) Issue in *f/ro/tf- couugaiiistliuiL ■ '-k !r^ •:■ ,1 I , nx LXKciTTtos fSr'scfftr: faciaj ,ic r As yet of frrin, in the year ol'tlM; M 'i jSffit'i^. reign of king George thf- Tliiril. Edward \A>r<\ KUeyibormish. Wittiov C'ha p. XUI. {\ 17.) T'.ntry of issiif, •iii.lnwnidof Middlesex, to wit. y/. i?, puts in his pl.icir • — ^ »ftcr vtniict. "Ins attorney, .igainst A. /. and u. 7/. buil ot 1. 1), lii a pica of del)t on scire facias. IMiddleseXf to wit. The said E. F. undC//,| put. in thcu" place — — theiraltorncy, at tin: suit ot| the said //. B. in the plea utoresaid. \^^, Middlesex, to wit. Our lord the king sent tolii,| shcYikf of Middlesex, Ijis writ close in these words t^ to wit: Crtfor^e the Third, S£c. (here copy the iss\K',j to the end of the award of the venire /ocias. and proceed as follows) : Afterwards the procis*| , thereof is continued, S£c. (as before, p. 2S),5,ii, Judgment sigtK-d, (&c.) Kl!!:- I MtTcy. concluding as follows) : Therefore it is conbidcrd, that the said ^. Ji. have his execution against tli(| said £. F. and G. II. of the damages (or debt aiicl damages) aforesaid, according to the force, foml and effect of the said recognizance, Kc. It isakl considered by his majesty's court here, that thf said A. B. do recover against the said E. F. \ G, II. /. for his costs and charges by hinilai| out about his suit in tiiis behalf, on occasion of th said E. I . and G. II. having pleaded to the said m\ facias, by the court of our said lord the kinc; no4 here adjudged to the said A. B. and with his asstnij And the Said E. F. and G. II. in mercy, &V. 1 1 (§18.) a^ainsUmii to ^r'or^*.' thc Third, (5Cf.) To the sheriff of iI//#' th. action, in ..^^ greeting: Wc command you, that of the cnn- the King s ' .-5 e .' ' o Bench by bill, and chattels of E. F. and G. II. the bail of C. ;after. ; FACIAS f |,(. year ol' tin \iv Tliird. Wiuics, it» in liis placi'; — • (;. iA bull ol* C'.i). » id E.F. and r;.i/.l orney, at tl>»5 suit of jsaitl. •' ' i[ the kinj; sent to hi, close in these words, f (here copy the ism-.l )f the venire fociad fterwards the iirocissj (as before, p. 295,o,f ■efore it is eonbidcrdl t execution against iliil damages (or debt aiicl ig to the force, foral lizance, &c.-. It isalscj court here, that tlif 1st the said E- J'- ^"^^ ,d charges by himlai| ilf, on occasion of tli I (leaded to the said inif laid lord the kinji w\ . and with his assent] in mercy, SCf. To the sheriff of >»| |\ you, that of the goo. J j. 11. the bail of C. " ^ AGAINST BAIf.. r^fl in your balhwick, you cause to be made 1. ('map. uliicli J. Ji. lately in our court before us at Wcxt- XLH, viiiisfer, recovered ;i^;uiust the saiil C. J), for liis iIa- uiages which he hud sustained, as well on occasion of the not performing certain promises and utuler- takings then lately made by the said C. J), to tho wiid J. li. (or if iudi'ht, *' a certain debt of /, which yJ. li. lately in our court before us at U'csl- minslcr, recovert^d .iiiainst the said C. J), uul also 1, which in our same coiu't before us were ad* judged to the said y/. If. for his damages w!uch he had sustained, as well on occasion of the det. 'ninij the said debt"), as for his costs and chargt's by him f.r-v * about his suit in that behalf expended; whereof the said C. D. iscouvicted, asappearsto us of record: 7\n(l whereupon it is considered in our same court ,,,.*> before us, that the said yi. B. have his execution •• •♦ against the said E. F. and (i. If. of the damages (or debt and damages) aforesaid, according to the iforce, form and eliect of a certain recogniz:uiee by |them the said E. F. and (j. If. acknowleJic'd in our i Sid court before us, for the sj.id C. D. at t!ie suit of - e said //•/?. in the j)leaaforesaiil, by the default of .|he said E. F. and G. II. as likewise appears to us of record; and have that money before ii ".'■ JVesf- iwius/cr, on next after to renci: ,r to t!ic jsaid ^. B. for his damages (or debt and damages) iforesaid ; and have there then this V. lit. Witness, K^^o ,... .■-.... . ..,,.....,. ' (As before, to the end of thea^ward of execution, (§ I'') without stating it to be by default, and tiien as 1\k- '?'!'<'• kc, after )\vs:) and also /. which in our same e>u ■ tk,-: !ClUt. ^efor^us, were adjudged to the baid J. B. foi his dixuiii ■-S 428 EXECUTION IN SCIRE FACIAS ChAP. XUI. .M f ! Testatum fieri facins against t^ail to the action, intbe King's Bench damages costs and charges which he hath been put unto, on occasion of the said E» F. and G. H. hav- ing pleaded to our writ of ^cire facias^ sued out against them, at the suit of the said A.B. in that be- half; whereof the said E. F. and G. H. are con- victed, as also appears to Us of record ; and have the «aid monies before us at Westminster, on next after to render to the said A. B. for his da. mages (or debt and damages) costs and charges aforesaid ; and have there then this writ. Witness, George the Third, (^c.) To the sheriff of — . greeting : Whereas we lately commanded our sherd of Middlesex J that of the goods and chattels of E. F. and G. H, the bail of C. I), in his bailiwick, he should cause to be made I. (or a certain debt of /.) S(c. (reciting the fien' facias, to the end): And our said sheriff of Middlesex, at that day re- turned to us, that the said E. F. and G. H. had not, nor had either of them, any goods or chattels in his bailiwick, whereof he could cause to be made the dartiages (or debt and damages) aforesaid, or any part thereof; whereupon on the behalf of the said A. B. it is sufficiently testified in our said court before us, that the said E. F. and G. H. have suf- ficient goods and chattels in your bailiwick, whereof | you may cause t« be made ^he damages (or debt and damages) aforesaid, and every part thereof; There- fore we command you, that of the goods and chat- tels of the said E. F. and G. H. in your bailiwick, I you cause to be made the sai4 /. (or the said debt of /. and the said /.) the damages l^oi'csaid j and that yo.u have tjiiat money before us at / AGAINST 6a1L. 4 t.y Westminster, on next after to fender to the said A. B. for his damages (or debt and da- nmges) aforesaid ; and have there then this writ. Witness, (6(f.) . ' Chap. XLit George the Third, (6Cf . ) To our chamberlain of -i^^ our county-palatmeoi Lhester, or his deputy, greet- ©ne county- ing : Whereas by our writ we lately commanded our j£"*fJ^r"J* chancelloi' of our county, palatine oi Lancaster, that former teiu- by our writ under the seal of our said county-pala- tine to be duly made, and directed to the sheriff of the same county, he should command the said she- riff, that of the goods and chattels of ^. F. aind G, H. ' the bail of C. Z^. in his bailiwick, he should cause to be made /. (or a certain debt of /.) ^c. . (reciting the former testatum^eri facias, to the end) : And our said chancellor of our said county-palatine of Lancaster, at that day returned to us, that by another writ, under the seal of our same county-pa- latine duly made, and directed to the sheriff of the same county, he had commanded tlie said sheriff, as in the said (irst-mentioned writ he was commanded ; whiclisaid sheriff had thereupon returned, that the said E. F. and G. H. had not, nor had either of them, an}^ goods or chattels in his bailiwick, whereof Ik? could cause to be made the damages (or debt and damages) aforesaid, or any part thereof ; whereupon on the behalf of the said A. B. it is sufficiently tes- tified in our said court before us, that the said E.F. and G. H. have sufficient goods and chattels in our said county-palatine of Chester, whereof the da- matves (or debt and damages) aforesaid, and every part thereof, may be fully made : Therefore we command you, that by our writ, under tlie seal of our I'M m& Chap/ XLlf. EXECUTION IN SCIRE FACIAS our said county-palatine oi Chester tohc duly made, and directed to the sherifFof thesame county-pala- tine, you command the said sheriff, that of the goods and chattels of the said E. F. and G. //. in his baili- wick, he cause to be made the damages (or debt and damages) aforesaid, so that you may have that mo- ney before us at Westminster, on next after to render to the said A. B. for his damages (dr debt and damages) aforesaid; and have there then this writ. Witness, (Sic.) George thd Third, (SCc. ) To the sheriff of Middle^ se.Vy greeting: We command you, that of the goods and chattels of ^. F. late of one of the bail of fferi fiiciiis au^aiiist b:iil to the action in Ifio Cumuion r-i t\ • i •!• • i . i i i»ieas, upon an ^- ^^- '" your bailiwicK, you cause to be made award oiexe- / j^^^^j ,^f ^^g ^^j^ ^nd chattels of G. H. late cation, n;- ^ moved into the of — — another of the bail of the said C. D. in Kinjj's Bench i .i- • i i i i ■ wr. by writ of er- your bailiwiclc, you cause to be made - have the said monies before us, on wheresoever, i^c.) to render to A. B. according to the form and effect of the adjudication of execution upon a certain recognizance, by them the said E. F. and G.TI. ac- knowledged to the said A. B. for the said C. D. in our court before the honorable Sir James Mans- JieUl knight, and his companions, our justices of the Bench at Westminster ; as by the record and pro- ceedings of the adjudication of execution thereupon, which by virtue of our writ for correcting error we lately caused to be brought into our court before us, appears to us of record : And whereupon, in our said court before us at Westminster, it is considered that the said A. B. have- his execution thereupon a- gt,inst the said E. F, and G. H. of the said several sums of /. aiklr' /. by them in form aforesaid ' res' 3 be duly made, ne county-pala- ;hat of the goods . //. in his baili- ges (or debt and ly have that mo- next after for his damages and have there sheriff of il/iVW/t'- that of the goods one of the bail of ,use to be made lehoi G.H. late he said C.D.iw nade /• i^nd - wheresoever, r to the form and ion upon a certain ■.F. andG.//. ac the said C. D. in Sir James Mans- our justices of the e record and pro- cution thereupon, orrccting error we Lir court before us, thereupon, in our er, it is considered ation thereupon a- jf the said several in form aforesaid rcs> ^'' AGAINST BAIL. " ' respectively acknowledged, to be levied of their re- soective lands and chattels, by the default of them the said E. F. and G. If. as also appears to us of record J and have there this writ. Witness, (Sic.) Chap. XLII. George the Third, (SCf.) To the sheriff of Mid- (§ 23.) (Uesi'x, greeting : We command you, tiiat of the a-ainst'iJaii in goods and chattels of E. F. of and G. IL of '^^^Z^ '*■- the bail of C. I), in your bailiwick, you cause tiikeu in the I 11 1 X c CoinmonPleaa. W) be made /. and have that money oetore us on wheresoever we shall then be in England, Uo render to A. B. according to the form and effect Id a certain recognizance, by them the said E. F. ■:. ■ '. tand G.7/.- acknowledged to the said A.B. for the [said CD. upon our certain writ of error, i4i our [court before the honorable Sir James Mansfield ^ ■ ,i [knight, our chief-justice of the Bench, at his cham- »ers situate in Serjeants' -Inn^ C/umeery-Lane, Loyi' ... r » ion ; as by the record thereof, which we lately for Icertain reasons caused to be brought into our court fee fore us at Westminster, appears to us of record : And whereupon it is considered in our same court liefore us at Westminster aforesaid, that the sjydi ji. li. have his execution thereupon against the said /".and G.7/. for the said H — /. by the default Y theni the said E. F. and G. H. as also appears to^ jis of record; and have there this writ. Witness, George the IhinXy {iic.) To the sheriff of J//efare us, that tire said . have his execution against the said E. F. and G.k k : FACIA^ render to A. li. ac- f a certain recogni: andG. //. acknow. jaid C. D. upon our court before us at ereupbn it is cohsi- e us, that the said ipoh against the said ik of them the said [J us of record ; and | the sheriff of M'A dyou, that you tab I /y.ifthey be found in j ;W keep, so thatyoul us at Westtninstc) , wm y A.B. /. vvl.ick ■■■ rt before us,Tccovcvei}l iamages which he bij of tho not performing! tings then lately madep d.B. (orif inrft'6^"J| /.^. lately in our couri ovcred against the sail 1 our same court before" A.B.iot his damage ell on occasion of tin as for his costs anl iiit in that behalf fij £). is convicted, as a|> whereupon it is consil eus,tlTattliesai(l/''!j • AGAINST BAIL. for the damages (or debt and damages) aforesaid, according to the force, form and effect of a certain recognizance by them the said E.F. and G. H. ac- knowledged in our said court before us, for the said C. D. at the suit of the said A. B. in the plea afore- { said, by the default of the said E. F. and G. ZT. as also appears to us of record ; and have there then this writ. Witness, ('""• b's damages costs and charges which he hath been )ut unto, on occasion of the said E. F. and G. H. iaving pleaded to our writ of scire fociaSy sued out i gainst them, at the suit of the said A. B. in that be- |alf; whereof the said JS". F. andG. //. are convict- as also appears to us of record ; and have there ien this writ. Witness, (&V.) George the Third, (5(c. ) To the sheriff of {§ 27.) jeting : Whereas we lately commanded our she- .^'f SS?' 'oi Middlesex, that he should take E. /'.and G. ''"'" against 'if. the bail of C. J>. if they should be found in iiis tion, in the liliwick, and them safely keep, so that he might '^'"^^ ^^'nc\i, Ive their bodies before us at IVestminster, on kxt after , to satisfy A. B. /, (or a certain Ibt of /. ) &V. (reciting the capias ad satisfaci- Yum, to the end): And our said sheriff of J//rfrf/(f- at that day returned to us, that the said E. F. ^l G. H. were not, nor was either of them, found his bailiwick; whereupon on the behalf of the A. B. it is sufficiently testified in our same |ivt before us, thai tiie said E. F. and G. II. lurk F f and ' ii) .'J m'f- .•\. m 434 /' Chap. XUJ. KXKCL'TION IN SCIRE FACMS, ^C. and secrete theiiiselves in your county : TlieKefore we connnanil you, that you take the said A'. F. and G. If. if they be found in your bailiwick, and them }?iely keep, so that you may iiave thvh i>od',v , b(;. ft.rc uij at Wfshniiislcr, on !>< xt affer ,to satisfy the said ,/^. B. his damages (or debt i.iut J, . mages) afcvcsaid; iiud havo tlicie tbra thi^: w ,t. Witness, (^Cc.) ' . ,-' • . .'.'" ,,;:..' TM ;i:;|9 (§28.) George the Third, (SCr.) To ihe sherifT of /»; /. r.,pi:,sa,isnf;s. ^/(jj^j,^ rr-eetino-: We coiiiinui'vlyou, that vo-u takel faciendum ix- j .~i ,-> ^ ' » "" "-""n paiiist bail in E.F. and G.H. tliebail i fC D, jf tij \^ be futmdij your bailiwick, and them safely j eep, so that yoal may have their bodies before us, on whei'esoe- ver we shall tiieii be in England, to satisfy A> i\ /, according to the lurce, form and effect of a| certain reco_i;nizance, Sir. (as before, p. 431.) > i have tliere this writ. Wii.icss, (^V.) I'lmr, (ill a i iicf' ■i';j Lhc sheriff of b: ;,Wou, that vow take I jD. if ti) ;,. befutimlJ >ly 1 eep, so that youl us, on- whei-esoe-l |-/rt« s, (Kf.) To the sheriff of Ui and you, that you tab ;;. D. if they be fouii fi safely keep, so tli; iox&MS yxWestmimU >ur courtbefore us, u itatute made for avoii icution, acknpwledgi y^. ^.tobepaicjtotl ,r assigns ; whereof t! ivicted, as appears to it is considered in c [the said ^.^. have hi the said ^\/'. and Gii oti WRITS OF SCIRE FACIAS, 5Cc. for the said /. j and have there then this \f rit. Witness, (Sfr.) .:. .•^■-; £;«»'/•(: - < .^ '•; 435 - — to wit. Scire facias to revive, for A. B. against C D.iov- — I. damages (or /. debt, and /. damages), returnable on . £. /l attorney. Ge'07'2-^ the Third, (&[c.) To the sheriff of Chap. XLll. (§ 30.) Pracijte for scire faciat. (§31.) creetinsf : Whereas A. B. lately in our court beford Sara facias, ori , .rr • , 1 1 -11 • 1 . . •. jk 1 a judgment in ^tis at Westminster^ by bdl without olir wrif*, and assumpsit. by the judgment of the same court, recovered against D. 1. for his damages which he had sustain- d, as well on occasion of the not performing cer- ain promises and undertakings then lately made by he said C. D. to the said A. B. as for his costs and harges by him about his suit in that behalf expend- d ; whereof the said CD. is convicted, as appears to s of record : And now on the behalf of the said A. . in our said court before us, we have been infor- icd, that although judgment be thereupon given, y#t execution of the damages aforesaid still remains , |i be made to him ; wherefore the said A. B. hath' humbly besought us to provide him a proper I'eme- in this behalf: And we being willing that what is St in this behalf should be done, comnaand you, at by honest and lawful nten of your bailiwick, you [ake known to the said C. D. that he be before us , ^ at This and the following writs are mostly draft'ti as if the foi-mer ^cecdings were by hill-, if they were by original, say, " by our and by the judgment of the same court," Stc. making the returnable on a general return-day, wheresoever, &c. anrf Jead of concluding with the words " have there then the ?," &. . say, " have there the names," &c. Ff2 4:ih WHITS OF SCIRE FACIAS !«!'li i? Chap. XLII. The like, in tlcbt. at Wesfmiiislcry on next after , to shew if he has or knows of any thing to say for himself, why 1 hpsaid A. B. ought not to have his execution against liim, of the damages aforesaid, according to the force form and effect of the said recovery, if it shall f. Xl.ll. »;» ON JUDGMENTS. ^' . ' next after , to shew if he has or knowK of any thing to say for himself, why the said y/. B. ought not to have Ids execution against liim, of the debt and damages aforesaid, according to the force form and effect of the said recovery, if it shall seem expedient for him so to do; and uirther to do and receive, &(c. (as in the hist.) , -i , Gc'orijf' the Till rtl, {Kc.) To the sheriff of ^, ^l^'^-\ oTCCtinff: Whereas A.li. hitelv in our court before covfuant. \xsdxWestminsl(i\ by bill witliout our writ, and by ^the judgment of the same court, rocovcred against \C. D. /. fV • his damages which he had sustained, fas well on occasion of the breach of a certain cove- [nant, made between the said A. B. and the said CD. las for his costs and charges by him about his suit in that behalf ex{^)ended ; w hereof the said C. D. is con- victed, iS, 6.) For his damages which he had sustained, as well (§ 34.) bn occasion of a certain grievance, then lately com- I" <-'»««• litted by the said C. 1). as for his costs, [H^c.) For this section^ vide post ^ Chap. XLIV. (§ 35.) iFor his damages which he had sustained, as well (§ ^^j) ■h occasion of certain trespasses, then lately com- •» ^"^P*"'*' litted by the said C. D. as for his costs, {He.) For this section, vide post, Chap. XLV. , (5 37.) George the Third, {S(c.) To the sheriff of (§ ■'58.) <.'ii>t S, |rceting: Whereas C. D. lately in our court before SSenlfnt, *", at Westminster, by the judgment of the same f'^' )urt, recovered against A. B. — — /. which in the le court were adjudged to the said C.J), according the form of the statute in such case made and pro- F f 3 vided. \ 438 WRITS or :ciRE facias CfFAP. vided, for his costs and charges by him laid out, in •XMI. and about his dcfo!)ce of and in a certain plea of trespass on the cnso, Ss'c. (or as the plea was,) be- forq then commenced and depending in our same court, by and at tlie suit of the said A. B, against the said C. D. whereof the said A, B. is convicted, (Kf.) And now on the behalf of the said C. J), in our said court before us, we have been informed, that although judgment be thereupon given, yet execution of the costs and charges aforesaid still ic mains to be made to him; wherefore the said C. 1). hath humbly besought us to provide him a \>xo\n\ remedy in this behalf: And we being willing, (i('f.) command you, that by honest and lawful men of I your bailiwick, you make known to the said A. h\ that he be before us at Westtnmster, on ncij after , to shew if he hath or knoweth of anjj thing to say for himself, why the said C. 1). ougk not to have his execution against him, gf the costij and charges a("oresaid, according to the font form and effect of the said recovery, if it shall sea expedient for him so to do; and further to do an receive, &V. (as before, p. 435,6.) ■ ■ ■ b- (§39.) George the Third, (6("f.) To our chancellor i|!, Srin- facias, to a. our countv -palatine oi Lancaster, or to hisdepu county-pala- ^ « i i tine. there, greeting: Whereas^, i?. lately m our col. heioven^ AiWcstminster,hy bill without our writ, arj by the judgment of the same court, recovered , isc. { before, p. 435. to the mandatory part of the writ, wliic| is as fallows) — command you, that by our writ unil-| the seal ( ' our said county-palatine to be duly maJfi and directed to the sheriff of the said county-pab| tine, you command the said sheriff, that by gof- &nd lawful men of hi bailiwick, he make knon . FACIAS es by him laid out, in in a certain i)lea ol as the plea was,) be- •pcutling in our same the said A. B. against lid A. B. is convicted, If of the said C. D. in c have been informed, thereupon given, yet largcs aforesaid still vc herefore the said C. D. , provide him a propit we being willing, (i<'. nest and lawful mcnoi known to the said A, I ^minster, on — - next lath or knoweth of anj hy the said C. D. ougkj gainst him, of the costs ccording to the fou- •ecovery, if it shall sec;: 1; and further to do ?ii:^ 35,6.) To our chancelloi ^ \casler, or to his depui' \l. B. lately in our con: [bill without our writ, u 1 court, recovered, is ffl Lypartofthewrit,wlwj [u, that by our writ uni* lalatinctobcdulymaJ Lf the said county-pi- [d sheriff, that by g^- livvick, he make kno^> OM .lUnCMFNTS. 4'J9 ^(•. (as before) ; and have you there then the names f)f those by whom the said slicriiV shall so maki; known to him, and this writ. W itiicss, [is (or debt and damages) rcsaid still remains to be made to him; where- the said A. B. hath humbly besought us to pro- him a proper remedy in tliis behalf: And we liiing willing that what is just in this behalf sliould done, conimand yon, that by honest and lawful n of your bailiwick, you make known to the said J), that he be before us at Westminster^ on t after , to shew if he has or knows of any ig to say for himscilf, why the said A. B. ought to have his execution against him, of the da- jcs (or debt and damages) aforesaid, according the force form and effect of the said recovery award of execution, if it siiall seem expedient 440 Chap. XLli. WRITS or. SCIRE FACIAS for him so to do; and further to do ^nd receive, !i(c. (as before, p. 135,6.) ,iif,«i*- * •»(* '^^i ■'. (§ 41.) George tHu' Third, (&V.) To the sheriff of — . fiirffiinas {jrcetii jr: Whereas .ri. i/. lately in our court before |)»'ii(lu)S error, " ^ •' ^ on iijvi.lk'iiiiiit the right honorable Sir James Mansfield knij^lit, oftlu- Commoa , ,'. . , . . ... ,. I'leas. a'l" his conipunions, then our justices orthcBcncli at Westmimtet'., by our writ, and by the judgmeni of the same court, recovered, &V. (stating tin; judgment); wliereof the said A. Ji. is convicted, as by the inspection of the record an4 proceediiigi thereof, which for certain causes of error, we lately caused to be brought into our said court before us, '• ' appears to us of record: And now on the belialfof the said A. B. in our said court before us, we have been informed, S(r. (as before, p. 435,6. making the writ returnable on a general return-day, whereso- ever, S£.c.) ^ ..^ {§ 40.) The like, on firrrir from an inferior court. George the Third, (&"c.) To the sheriff of — \ greeting: Whereas A. li. lately in our court c: ' before the judges of the same court, withoiil our writ, and by the judgment of tho same couii: recovered against C. 1). /, for his damages whitii he had sustained, as well on occasion of the not per forming certain promises and undertakings therl lately made by the said C. 1). to the said A. B, all in your county, and within the jurisdiction oil the same court, as for his costs, (K<:.) whereof tlicf said C. D. is convicted, as by the inspection of thef record and proceedings thereof, which for certaiar pauses of error, we lately caused to be brought iiHf the sheriff of — ly in our court before es Mansfield kni[^lit,| justices of the Bench I and by the judgmeni id, iccasionofthenotperl nd undertakings thcBJ >. to the said A. B. at| thin the jurisdiction! sts, {&<€,) whereof thej y the inspection of thej reof, which for certais' used to be brought ill ON JUDCMF.NTS, AFTER AFFlllMANCE, &C. 441 our said court bifore us, uianift'stty appears: And Chap. now on the behalf of the said //. 7/. in our said court Xl.ll. before us, we have been informed, Asc. (as in the Jast). • , .' .■. ,. ' ■ 'i' , Georsi' the Third, (5(r) To the slicriff of -— ' (^ *^') greetuig: Wliercasy/. //. hUoly in our court Ijclorc i,,;;, jiKkimiit the right honorable Sir James Mansjicld kni-ht, ;','i[';f.';;;;,'';;^5 and his coni])anions, then om* justices of the I^cnch i» «ii« wingn ^atircslniuts/er, by our writ, and by the judgment [of the same court, recovered, ^'('.(stating the ori- ginal judgment); whereof the said C. J). '\h con- victed, as by tlie inspection of the record and pro- -i,. ceedings thereof, which we hitdy caused to be j brought into our court before us, by virtue of our I certain writof error prosecuted by the said C. J), of . land upon the prcuuses, and wliicii now reujains in )ur said court before us, in all things atHrnicd, ap- )ears to us of record ; and also /.which in our «d court before us were adjudged to the said ^/. />. Recording to the form of the statute in such case made and provided, for hisdaniages costs and charges ivhich he had sustained, on occasion of the delay of 5xecution of the judgment aforesaid, on pretence )f prosecuting our said writ of error, by the said />. so as aforesaid prosecuted of and upon the premises; whereof the said C. J), is also convicted, appears to us of record : And now on the belialf the said A. B. in our said court before us, we ive been informed, that although judgment be ^ercupon given and affii'med in form aforesaid, yet tecution of that judgment still remains to be maclq to I 442 WRITS OF SCIRE FACIAS f'tlAT*. to him ; wherefore the said A! B. hath humbly be- sought us to piovide him a proper remedy in this behalf: And wc bc.iuj;- wilHiig that wlmt is just in this behalf should be done, command you, tiiat by honest and lawful men of your bailiwick, you make Known to the said C. D. that he. bo before us on wheresoever w>' shall then be m England, to shew if he hath or knowell: of any thing to say for himself, why, the said A. B. ought not to have his execution against hiai, of the damages costs and charges aforesaid, according to tlic force form and effect of the recovery and adjudication aforesaid, if it shall seem expedient for him so to do; and f-ir- thcr to do and receive, ^V. (as before, p. 4^5,6.) (§44.) George i]\e ThivA, {Kc.) To tiie sheriff of The like, aftrr Wh A. B. lately befo ;!ii!- )ur court the King's US at Westminster, by bill without our writ, and by Bench, a/Tirni- , • , ,. ■ i o/- cd in the Ex- the judgment or the same court, recovered, ikc. challib "^^ (stating the original judgment) ; whereof the said C. D. is conv 'ted, as appears to us of record; and also /. a! 'judged to the said A. B. in our Ex- chequer-Chamber, according to the form of the sta- tute in such case made and provided, for his da- mages costs and chai'ges which he had sustained, on occasion of the delay of execution of tie judgment aforesaid, on pretencQ of prosecuting our certain wTit of error, prosecuted by the said C. J), against tJie said y/. B. in our Exchequer-Chamber aforesaid, before our justices of the liench, and the barons of our Exchequer of the degree of the coif, accordinsj to tlie form of the statute in such case made and provided : And now on the behalf of the said A, B- in our said court before us, wcliavcbccn informed. thai If- IAS , * '. hath humbly be- sr Remedy in this t what is just in ,nd you, that by iwick, you make bo before us on e in England, to r thing to say for it not to have his amages costs and c force form ami i cation aforesaid, ?o to do ; and f-ir- bre, p. 4:i5j6.) he sheriff of n our court before t our writ, and by :, recovered, S(c, whereof the said us of record; and A. B. in our Ex- ;he form of the sta- 'ided, for his da- had sustained, on 11 of tl:e judgment Uting our certain taid C. ]). against haniber aforesaid, and the barons of |ie coif, according L'h case made and If of the saici J. ^• Ivcbecn informed, that ON JUDGMENTS, AFTER AFFIRMANCE, Scc. that although judgment be tliereupon given and affirmed in form aforesaid, yet execution of that iudgment still remains to be made to him; where- fore the said A. B. hath hund)ly besought us to pro- vide him a proper remedy in this behalf: And we being wilUng that what is just in this beliaU" should be done, command you, that by Inmcst and lawful men of your bailiwick, you make kuuun to the said C. D, that he be before us at Westtninslcr, on - next after , to shew if he hath or knowetii of any thing to say for himself, why the said A. B. ought not to have his execution against him, of the damages costs and charges aforesaid, according to the force form and effect of the recovery and adju- dication aforesaid, if it shall seem expedient for iiira so to do ; and further to do and receive, S^c. (as be- i'ore, p. 435, (3.) . ^<'o?;^e the Third, (SCf.) To the sheriff of greeting: \V'hereas/i.i?. lately, to wit, at the county-court of — lieldat i !i and for tiic said county, and witiiin the jurisdiction of tlie same court, on the day of in the year of our Lord 18 — , before E. F. G. 11. J. K. aud L. M. gentle- men, freeholders of the said county, and suitors of the same court, by the consideration and judg- ment of the same court, recovered, &f. (stating the judgment in the county-court) ; whereof the said C. D. is convicted, as by the record of the plaint ibctwcen the said J. B. and C. D. in that behalf, Lwhich we lately caused to be recorded in the full tiounty aforesaid, and the record thereof had in Mu- court befprg us at JVcstniinsteri on last past, 443 ClIAP. XLU, The iik<'., riftcr non-jiros on a esquire, sheriff of your county, wiitof false ju(l;;meut. ^.\ ^l-t U'RITS OF SCIRE FACIAS, &C, Chap. XLII. past, iindev the seal of the said shcrinfofilir said county, and the seals of four lawful knights of the same county, of sucli as were present at thn said recording, by virtue of our writ , at the instaui-' of the said C.I), who complained that false jucjo. nient had been given against him in the said couiitv, and which said writ the said C/>, did not furtln i prosecute in the same court, manifestly ap])oars; nevertheless execution of the said judj^ment still re- mains to be made, as on the information of the said A. B. in our said court before us, we have been given to understand: And because we are vvillii)f; I that those things which in our said court, and in the county-court aforesaid, are rightly done andt yns. acted, should be duly carried into execution;! therefore we command you, that by honest and lawful men of your bailiwick, you make known,! t^^c. (as before, p. 435, 6.) Asficrnmcnt of I'uither l)r«;a<,'li. after judgment Ml ileht <.>n ill! aiinuity-bnnd, to Ibllllli it V. /Vi: J'irci/ii- for siilt- Ptqueiit. ar- rears, on the Afterwards, to wit, on next after , term, in the year of the reign of our sal lord the king, before our said lord the king ; Wcshninster, comes the said A. B. by his;' torney ; and according to the form of the statu in such case made and provided, gives the saii sta't_*8 & 9 V. court here to understand and be informed, thattli| III. c. 11.*; '•. said judgment was so recovered against the sail ('. D, as aforesaid, upon and by virtiie of a oortniiij ■ bond or writing obligatory, in the penal sum oil • /. bearing date the day of in tliel year of our Lord 18 — sealed with the seal ol" tlJ suid C J), under and subject to a certain comlitioij tlur^l IAS, &C. 1 shcrifT of ilir mr lawful knights of were present at the • writ, at the instaue.' lied that false judo;. m in the said county, C. J), did not furtlu r manifestly appciirs; aid judprmcnt siill vc iformatioii of the suul 3rc us, we have been ecause we are williiij; said court, and in the I ightly done andt;ins. ried into execution; , that by honest and ;k, you make known,' next after the rciii'liti«1 tluivl rOR MATTERS ARISING AFTFR JUDGMENT. tliereunto subscribed, whereby after reciting that the said J. B. had contracted and agreed with the s;iid C. D. for the absolute purchase of one annuity or yearly sum of /. of lawful money of Great Britain^ free and clear of and from all taxes out- ooiiigs and deductions whatsoever, payable and to be paid (juarterly, for and during the term of the natural life of hiin the said A. B. then of the age of years or thereabouts, at and for the price or sni\i of /. which said sum of /. the said A. B. had, at or before^ the time of the scalinjr and |e; it was |declared by the said condition, that if the said C. 1). his heirs executors or administrators, did and should vcW and truly pay or cause to be piud unto the laid A. B. or his assigns, during the life of him the Raid A. B. one annuity or yearly sum of /, «f lawful money of Great Britain^ at in tlie l^id county of by four even and equ;.? tjuar- (Hrly payments, on the several and respective davs aiK times in the said writing obligatory mentioned, lat is to say) on the day of (5sV.) from henceforth i-n each and every year, and alsci ;< pro- lortionable part or share of the last quarterly pay- ment of t'le .said annuity or yearly sum of /. up the day of the decease of the said A. B. without iking any deductinr) defalcation or abatement |mtsoever thereout, or out of any part tlicrcof, taxes, or on any account vvhatsoeviT the first kyuuMit of which said annuity or yearly sum of /. was to be made on the day of then U.'^t 445 Chap. XLIF. \ ■ ' 'H J! iB 1; rii^H pn^H* ; . \ ^H' ■i > iBH'; ■1 1 'H' m. W^'l ' Sj '. > fll^B t Mil Hiy ni' obligatory herein before assigned, and corn- niandingthe said sherilfto sunmion the said C.I), to shew cause, wliy execution should not be had and I awarded upon tlie said judgment, for the damages twliich the said yJ. B. hatli sustained, by reason of the Iwiid further ;iiid other breach of the said condition of [tJie said writing obligatory ; and it is granted to him, I&V. returnable before our said lord the king at West- )pninstet', on next after ; the same day is fiven to the said A. B. at the same plac e. George the Third, (iCf.) To tlie sheriff of greeting: Whereas A. B. heretofore, to wit, in term in the year of our reign, in our urt before ns at Wi'slminsfcr, by hill without our bit, and by the judgment of the same court, re- (dl^vered against C. J), a certain debt of /. and o .?. for his damages which he had sustained, well on occasion of the detaining of the said pbt, as for his costs and charges by iiim about his it in that behalf expended ; whereof the said C. I). convicted, as by the record and proceedings ?reof, remaining in our said court befor;- us at tslnanste'r aforesaid, manifestly appears: And here comes the said J. B. by his attor- ; and according to the form of the statute in case imide and jii-ovidcd suggests, and gives 4*7 Chap. XLIL .similar case. ; il' 443 I mm ' -^li l#fe'i|fli;-'iii rv; .!■ Chap. XLII. WRITS OF SCIRE FACIAS the court here to understand and be informed, that the said judgment so recovered against the said C. D. as aforesaid, was had and obtained upon and by virtue of a certain writing obligatory, bearin"- date the day of in the year of our Lord 18 — whereby the said C. D. became lieldand firmly bound to the said A. B. in the penal sum of /. of good and lawful money of Great Britain, to be paid to the said A. B. when he the said C. D. should be thereto afterwards requested; with. and under a certain condition to the said writhjg obligatory subscribed, whereby after reciting, (3Cc. ) it was declared, that if the said CD. Kc. (to the end of the condition) : And the said . :/. B. for another and fur- ther breach of the said condition of the said writinc obligatory, than that wiiercon the said judgment j v,as so recovered as aforesaid, according to the form of the statute in such case made and provided, j further suggests, and gives the court here to un- derstand and be informed, that after the recoven' of the said judgment, and in the life-time of the saidj C. I), to wit, on the day of in the yearl of our Lord 18 — , at in your county, alar^cf sum of money, to wit, the sum of /. of lawtuli money of Great Britain, of the said annuity orl yearly sum of /. in the said condition mentiondJ for then elapsed, became and was due anil payable from the said C. D. to the said A. B. anilj w.'iicH sai-' jum of /. is still due, in arrear; unpaid from the said C. 1). to tlic said A. B. conj trary^ to tlie form and eifect of the said condition oil the said writinsr oblio-atorv; for which said furtlierl and other breach of the aforesaid condition of tliel said writing obligatory, the s-.;id A. B. hath hunibhp^ SIAS be informed, that , against the said btained upon and oligatory, bearing 3 year of our Lord imc held and firmly icnal sum of /. reat Britain, to be le said C. D. should ; with, and under a writing obligatory iting, (3Cc.) ^t was ii\ (to the end of the I for another and fur- T of the said writing I the said judgment 1, according to the made and provided, e court here to un- Lt after the recoven life-time of the sai of in the year Ivour county, alar;jc \ of 1- of ^^^''"' the said annuity or [condition mentiond, .le and was due ani :o the said A. B. anil ;tiU due, in arrcar ani| |o the said A. B. cm the said condition oi pr which said furtiietj Laid condition of the FOR MATTERS ARISING AFTER JUDGMENT. besought US to provide him a proper remedy: And Chap. we being wiUing that what is just in this behalf XLII. should be done, do, according to the form of the statute in such case made and provided, command you, that by honest and lawful men of your baili- wick, you make known to the said C. D, that he be before us at Westminster, on next after , to shew cause, why execution should not be had and awarded against him, upon the said judgment so obtained as aforesaid, for the damages which the said A. B. hath sustained, by reason of the said fur- ther and other breach of the said condition of the [said writing obligatory, if it shall seem expedient 'for the said A. B. so to do ; and further to do and receive what our said court before us shall then and ' there consider of him in this behalf: And have there [then the names of those by whom you shall so make iknowntohim) and this writ. Witness, (^c.) George the Third, (SCc.) To the sheriff of (§ 4G.) creeting: Whereas y/. J?, heretofore, to wit, in The like, in term, in the year of our reign, in our court be- ties of agree- fere us at IVcstminster, by bill without our writ, and f y the judgment of the same court, recovered against D. a certain debt of /. and also /. irhich in the same court were adjudged to the said B. for his damages which he had sustained, as [ell on occasion of the detaining of that debt, as for p costs and charges by him about his suit in that ehalf expended ; whereof the said C. D. was con- Icted, as by the record and proceedings thereof, Wining in our said court before us at IVeahninster Jresaid, manifestly appears: And afterwards at 440 , ! *;■ Hi-- ' " 'sir. ? is day, to wit, on the dav of -in the '■. '^ I,' i,t ■■ I ■Ml '■ ii.' ; lir' f . ii ■: ■ 'i r ||l Ir M 450 Chap. XLII. . -; If ■^'C'S WRITS OF SCIRE FAC1A« the year of our reign, the said J. B. by £. p^ his attorney, comes into our said court before us at Westminster aforesaid, and according to the form of the statute in sucli case made and provided , gives tlie same court here to understand and be informed, that the said debt so by him recovered as aforesaid, was and is a certain penal sum of 1, mentioiiel in certain articles of agrecn>ent, made the dav of in the year of our Lord 18 — , to wit, at ■ between the said A, B. (by the name and ad- dition of ) of the one part, and the said C. h. (by the name and addition of ) of the other part, (one part of which said articles of agreement, scaled with the seal of the said C, D. and bearing date I the day and } «/«'«*• Vest minster^ by bill without our writ, and by the ulgment of the same court, recovered against \ J), a certain debt of /, and his damages by |im sustained on occasion of the detention thereof; jrhcreof the said C. D. was tonvicted, as by the Icord and proceedings thereof, remaining in our id court before the barons of our said exchc;quer ;/f. by iiis attorney, comes into om* said nt before the barons of our said exfchequer at \stminster aforesaid, and according to the form ' [the statute in such case made and provided, ?s the same court here to understand and be in- |ned, that the said judgment was so recovered Must the said C. D. as aforesaid, upon and by |ue of a certain writing obligatory, in the penal of /.bearing date, (i^V.) and sealed with seal of the said C, D. \mder and subject to a iiii condition thereto subscribed, whereby af- G g 3 t«r £ 1.4 452 m ^ } Chaf. XLII. T-'^ -' WRITS or SCIRE FAClAil ' Icr reciting, (&V.) it was declared that if, (6^'c,) And the said J. B. also givt.\» our said court here to understand and be infoknied, that the bill of Inn, the said A, B. in the said action, in which he so ob- tained such judgment as aforesaid, was exhibited upon the day of in term, in the — . year of our reign ; and that the said action was brought and commenced tipon and for a certai' breach of the said condition of the said writin obligatory by the said C. D. before tlic exhibitiii;; of the bill aforesaid; and that after the recovery oil the said judgment, to wit, in - — term, in thcl year of o\ir reign, there issued out of ourj said court hero, our certain writ oi scire facias \\\)m the said judgment, against the said C. J), accoiciinj to the form of the statute in such raso made urx] proj vided, suggesting another breach of the said con] dition of the said writing obligatory , in the norJ payment of the sum of /. for of the saiJ annuity or yearly sum of /. which became diLJ and owing I'roni the said C. D. to the said A. D. A the -T day of in the year of our Lord 18-j and which said sum ot /. hath bee since satiJ tied: But the said ^1. B. for a further and oM breach of the said condition of the said writing oil ligatary, according to the form of the statute i such case made and provided, gives our said couJ here to. understand and be informed, that, 6Ct. signing the last breach, and proceeding as foij lows :) which said last-mentioned breach of the: condition so assigned, the said A. B. doth averanj give our said court here to understand and be \\ formed, is a further and other breach of the condition, tlian the several breaches for and rea \recl that if. (^c.) ,r saicl court here to hat the bill of him I, in which he ao ob- •said, was cxhibitea — term, in the — ■ the wid action was on and for a certai of the said wrilin, before the exhihitiu,; after thi recovery oil in term, in ik re issued out of onil rrit of 5flVt'/rtfW5'V.H ,c said C. n. accovdinsi ach case made sird prol reach of the said m\ )bligatory, in the nor,] I for • ■ «^ ^^^ "'^' _/. which became k I), to the said A. i?.o. /ear of our Lord 18- '. hath bee ' since sati or a further and otli ; of a»e said writing o j form of the statute i Id, gives our said cool Informed, that, fiCc.l4 md proceeding as ft! loned breach of the sal Jd J. -B. dothaveraij lunderstand and bem fther breach of the breaches for andl FOR MATTER5 ARISING AFTER JUmMENT. reason of which he obtained the said judgment, and issued tho said writ of scire facias, as aforesaid ; and for which said further and other breach, he i It!) hunioly besought us to provide him a proper rcaicdy: And we being willing, Sd: (»s before, muiatis tnulandis.) . .a'. •■• '■:.i>u'^'i '^('t '':...u,'';lt ; . ■ ■ ►■ : ..'i;«"v'4*'_ ' '*' ■""' ■■^' '■* Gcon^e the Third, (S iti your badi- Avick, which were of E. /'. deceased at the time of his Icath, in tile hand.; and possession of C J), executor )f tho last will and testament of the said /i'. F (or idministrator of uil and singular the goods chattels md credits, which were of the said £. F, at the jtinie of his death, who uied intestate, as it is said,) \o be administered, you should cause to be made a Certain debt of -— /. which A. B. lately in our )urt before us it ?rV*/m?«A7«', recovered, 5<'c. (as in le writ ofjierijudas,) whereof tiie said C. D. was %Onvieted, as appeared to us of record, if ti.c said fi| J), had so much tliereof in his hands to be ad- aiSnistered, and if he had not so much thereof in iip hands to be administered, then that you should |use the damages aforesaid to be made of the foper goods and chattels of the said C. D. and that )u should have that money before us at Wcitmin- \r, on a certain day now past, to render to the Id A. B. for his debt and damages aforesaid: id you at that day returned to us, that the said J), had no goods or chattels in your baili- ik, which were of the said E. F. at the time his death, in the hands of the said C. D. to [administered, whereof you could causQ to be G g 3 made 459 Chap. XLII. (§ 47.) ScJri'jitri *;»! '!!il; ^, '^. .^^ IMAGE EVALUATION TEST TARGET (MT-^) 1.0 1.1 ■AS 12.8 mm U£ r^ir-M'-* < 6" ► ■'.«V;- ,■ y ^ Hiotographic Sdences Corporation 23 WIST MAIN STMr WEBSTER, N.Y. 145*0 (7I6)»72-4S03 i/j JBm^^S Chap. XLIL ••J' ..-■ l\y • x*v» T R( . WRITS ov scint FACrAi made the debt and damages aforesaid, or any ptrt thereof; and that the said C.-D. had not any of his own proper goods or chattels in your bailiwick, whereof you could cause to be made the damages aforesaid, or.{(ny part thereof : And because the re. turn aforesaid, by you made in our said couit before i us, seems to be in delay of execution of the debt and damages aforesaid ; ^nd because on the behalf ~ of the said A. B. in our said court before us, it is sufficiently testified, that divers goods and chattels which were of the said E, F.bX the time of his death, to the value of the debt and damages. aforesaid,] after the death of the said E. F, came fo tht hands and possession of the said C. D. to be administered,] and that the said C. J), hath sold and wasted thoscl goods and chattels, and converted and disposed ofl the money arising therefrom to his own use ; and! that the said C. D. hath eloigned the residue of tliej goods and chattels, which were of the said E. F, all the time of his death, to places to the said A. h\ unknown, and hath convertied and disposed of tiiel said last^mentioned goods and chattels to his owil use;, with intent that execution thereof should notai . yet .be made : And because we ar*^ unwilling tM those things which in our said court before iis an rightly done or adjudged, should be rendered inefJ fectual by fraud or subtilty ; therefore We commanJ you, that of the goods and chattels in your bailij wick, which were of fhe said .£. F. at the time o| his death, in the hands of the said C. D. to be i ministered, you cause to be made the debt anddaj mages aforesaid,, if they can be levied theieof; an have the money thereof levied before us at Wi^'l mimter, oq next after -*- — , to render to tiif '.' • I ' I FOR MATTERS ARISING AFTER JUDGMENT. 455 said A. B. for his debt and damages aforesaid'; and Chap. if they cannot be thereof levied, then if it shall XLII. appear to you, by the inquisition upon oath of honest and lawful men of your bailiwick in this-hehalf to be taken, or in any other manner by which you may the better know, that the said C. D. hath sold, . eloigned, wasted, or converted or dtsposed of to his own use the goods or cliattels which were of the said E.F. at the time of his death, in the hands of the said CD. to be administered, to the value of the debt and damages afores<'ii^, or any part thereof, that then by honest and lawful men of your baili- wick, you make known to the said C. D. that he be before us at Westminster, on — —next after ; to shew if he has or knows of any thing to say for himsdlf^why the said A.B. ought not to have his execution against him, of the- debt and damages - - I aforesaid, to be levied of the proper goods and chat- jIs of the said C. D. if it shall seem expedient for Ihim so to do ; and further to do and receive, iCc. (as )efore, p.435,6.) • t>^" - . George the Third, t^c. ) To \\^^ sherijBF pf — - (§ «•) greeting : Whereas A. B. lately in our cojjrt before fgJnftan'cxt;. IS at Westminster J by bill without our writ, and by c"*"'* «" *y the information of the said A. B. in ourj said court before us, we have been given to under- stand ; wherefore the said A. B. hath humbly be. sought us to provide him a proper remedy in behalf: And we being willing that whal: is justinl this behalf should be done, command you, that byl honest and lawful men of your.bailiwick, you maktl ^npwn to the said C. D. executor (or administratcr)| as aforesaid, that he be before u- Westminster y%\ next after , to shew ii . iiath or knoweil:| of any thing to say for himself, \vhy the said AJ\ ought not to have execution against him for the da inages (or debt) aforesaid, to be levied of the good] and chattels which were of the said E. F. at thetinul of his death, and which so as aforesaid came to anJ are now in the hands of the said C. Z).'bxecutor(ci administrator) as aforesaid to be admili'^il^red, if I shall seem expedient for him so to do ; ttnd furttieij to do and receive, Kc. (as before, p. 435,^.} George tki^ Third, (Sfc.) To the sheriff of greeting : Whereas A. B, lately in our court bcfctj ' *.». ■ I VCIAS lereof the said CD, of record: Andal. fivcn, yet execution laid, still remains to judgment aforesaid, goods and chatteli the time of his death, r debt) aforesaid and n the hands and pos- tor (PF administrator) .whereof he may sa- aages (or debt) afore- the said J.B.inoi:] ! been given to under. . B. hath humbly bel proper remedy in thisl ig that what. is justi ommand you, that byl ,v bailiwick, you maktl itor (or administiatcrlf iv JVestminslerM Tii aath orknowetll f, why the said ^J against him for the da] ) be levied ofthegooij lesaid^./'.atthetiniJ s aforesaid came to anl said CD. 'fexecutor(ffil o be admi'nftfered, itj n 80 to do ; %nd furtlif^ jfore, p.43S,^.^ To the sheriff of ately in oui court befcij f OR MATTERS ARISlNa AFTER JUDGMENT. US Bt Westminster f by bill without our writ, and by the judgment of the same court, recovered, SCc. (as in a common *cire/acm, to the words " as appears to us of record") : And whereas also we have been informed, that after the 24th. day of June in the year of our Lord 1,132, and before the issuing of the second commission of 'bankrupt against the said C. D, hereinafter mentioned, to wit, on — — at • the said C. D. became a bankrupt, within the true intent and meaning of the several statutes made and now in force concerning, bankrupts, or some or one of them ; and that thereupon afterwards, to wit, on at aforesaid, a commission of bankrupt, under the great seal of Great Britain, was duly awarded and issued against the said C. D. as by the said commission appears ; and that the said CD. afterwards, to wit, on — •— at afore. [said, was under and by virtue of such commission, iuly found to have become a bankriipt", before the late and issuing forth of the said commission, and iras thereupon then and there declared and adjudged t bankrupt accordingly; and that the said C. J>. fterwards, to wit^ on at -- — aforesaid, did due manner obtain his certificate under the said ^on^mission of bankrupt, so awarded and issued ^gainst the said CD. as aforesaid; and that the lid C. D. was thereupon afterwards, to wit, on • St aforesaid, at — — aforesaid, discharged in lat behalf, by virtue of a certain act of parlia. ^eut made and passed in the fifth year of the reign ^his late majesty king George the Second, jntitled An act to prevent the committing of rauds by ^nkrupts ;" and that the said C D. after such dis- irge, to wit, on — - did again become bank. rupt, 45f Cha». XLII. ture effect • of a bankrupt, whose estate did Qot pay fifteen*!. illingt in the pound, under a se- cond couunif* sion. ^ i iM WRITS OF SCIHK FACTA* Cma>. XLit. /' *3' . tt mi •*x-- rnpty within the true intent and meaning of tliese. reral statutes made and now in force concernimr bankrupts, or some or one of them ; and that there. npon afterwards, to wit, on at afoi-esaid, another commission of bankm^, under the great seal of Greut Jirttain^ was duly avi^arded tfnd issued against the Sttid CD. as by the said Iflist-mentioned commission ap^elirs j and that the said C. D. aftet. wards, to wit, on — — at aforesaid, was under aind'by virtue' of snch last-mentioned commission, duly found t* have become a bankrupt, before the date ■ and ^suing forth of the said last-mentioned commission, "^nd was thereiipon tlien and there deJ ^ared-and adjudged to be a bankrupt accordingly: And Wherean we hat* been further informed, that! the debt for which the judgment aforesaid was gir. €n, became and was due and owing from the said C D, to the said A. B. after the said C. D. was dis.j charged as hereinbefore- mentioned, and before the I •aid C. D. became bankrlipt as last above-mention covei-cd Uy the Gfor^« the Third, {Sic.) To the sheriff of greeting: Whereas A. B. lately in our court be^forc ua at JVesimimitTy. by bill without our writ, and by the judgmeitt of the same court, recovered, {!\c,) whereof the said C. D, is convicted, as appears to us of record ; and afterwards, to wit, on at the said A. B. intermarried with and took to husband £.. F. as by the information of the said £. F. and A, his wife,, in our said eourt before us, we have | been given to understand : And now on the behalf of the said E.F. and yi. his wife, we have been in- formed, that although judgment be thereupon given, yet execution of the damages (or debt audi damages) aforesaid still remains to be made to them; | wherefore the said Ex F. and 4- his wife have hum- bly besought us to prpvide tliem a proper remedy! in this behalf: And ^ve being willing,. ^V. (as in al common scire facias^ to the end») , >- .\ vjV^r ;; (5 51.) T^lifw, a- f9vn«t baron •oajmclgnieut rteoverwl a- gain&t tb« George the Third, {y ing of a writ of inquir}'. ' y!!.^S■> WRitS or SCIRE FACIAL past, (or, in the year of our reign,) by bill without our writ, impleaded C. D. being iit the custody of the marshal of our marslialsea before us, of a plea of trespass on the case, if,c. (or as thn plea is,) declaring mthe same plea agornst hiin, for that whereas, U.C. (here recite the declaration,) to the damage of the said A. B. .of 1, as he said, and therefore he brought his suit, ^c. And such proceedings were thereupon had in our said court before us at Westminster aforesaid, that af. tervvards, to wit, in that same term (or, in term) last past, (or, in tlic year aforesaid,) it was considered by our said court bd^bre us, tiiat the said A. U. ought to recover his damages on occasion of the premises ; and afterwards, and bc-> fore the issuing of a writ of inquiry for assessing tiie said damages, the said A. B. (or C. D.) died, hav- ijig first duly made and published his last will and testament in' writing, and thereby constituted and appointed JE. F. (or G. II.) execut,or thereof; af- ter whose death the said E. F. (or C. H.) duly proved the ^ald last will and testament of the said , A. B. (or C. D.) and took upon himself tjie burthen of the execution thereof, (or if the plaintiff or de- fendant died intestate, say, " the said A, B. (ori C. D.) died intestate, and administration of all and singular the goods chattels and credits which were of the said A. b. .{or C. D.) at the ti^io of his death, | by John by divine providence, archbishop of Can- terbiay, primate of all England and metropolitan, in due form of law was granted to E. F. (or G. H.) I to wit, at in your county ;") as by the infor- mation of the said E.F. executor (or administrator) I as aforesaid, (or, of the said A. B.) in our said court before us, we have been given to understand; ,:A^i.-^ ■ . ;• , ... • where- ON DEATH BEPORt FINAL JUDGMENT. u$ wherefore the said £. F. executor (or admtnistra- Chap. tor) as aforesaid , ( or, the said A. Ji. ) hath humbly be- XLIL fcought us to provide him a proper remedy in this behalf: And we being^ willing that what is ju3t in this behalf should be done, command you, that by honest and lawful men ttf your bailiwick, you nwke ^ ' known to the said C. D. (or, to the said G. II. exe- cutor, or administrator, as ufoiesaid), that he be before us at Westminster ^ on next after , to shew if he has or knows of any thing to say for *" himself, why the damages in the said action should not be assessed and recovered by the said E. F. [executor (or administrator) as aforesaid, (or by- tbc said A. B.) according to the form of the statute in such cqse made and provided, if it shall seetn [expedient for him so to do ; and further to do atid [receive, ^''c'. (as before, p. 435, 6.) George tlie Third , (SCf . ) To the sheriff of — ^ (§ 54,) greeting : Whereas A. B.' lately in our court be- The like, F -wtr • ■ ' 1 win r»j the pre us at Westminster^ to wit, m — — term last death hnppniM >ast, (or, in tl«.— year of our reign,) by bill £\;.'::; JT" I'rthout our writ, impleaded C, D. being inthecus- forutiKjexecji- ,,, III. * til/. „ *'"" "'^ ^^ ^ ly or the marsnai or our marsnalsea before us, of quiry. plea of trespass on the case,^V. (or as the plea is), ^eclaring in the same plea against him, for that ^ jirhereas, ^c, (here recite the declaration), to the image of the said A. B. of /. as Ite said, and ' [lerefore he brought his suit, &"f. Aiid such pro- Bcdings were thereupon had in our said court be- ' . bre us at ?rtf*^M«M*/ ings were thcreupori had in our said court be- us at IVestniinster aforesaid, that afterwards, to in that same term (or, in term) last if (or, ih the year aforesaid,) it was consi- by our said court before us, that the said ought to recover his damages on occasion of premises : But because it was unknown, £Cc. (as ie last precedent, to the words " more fully and ^rge appears") rAnd afterwards, a certain inqui- was taken before you, by the oath of twelve St and lawful men of your baihwick, whereby ^s found that the said A. B. had sustained da- bs, on occasion of the premises, to /. besides ksts and charges by him about his suit in that be- bpended, and for those costs and charges to H h /. Mi ' '.'.' f'l: 466 Chap. XLII. In lllii! fin !l 1,1 •"i- -'^ WRITS OF SCinE FACIAS — — /. And although the said damages have been assessed in form aforesaid, yet final judgment for those damages still remains to be given ; and the said y/. B. (or C. D.) after interlocutory judgment had baen given, and the said damages assessed inform aforesaid, and before the return of out said writ of inquiry by us to you sent as aforesaid, i for the purpose aforesaid, (or, if the death hap. pened after the return of the writ of inquiry,! ** before final judgment obtained in the saidac. tion,") died, having first duly made and pubJ lished his last will and testament. Sic. (or, diedinj testate, S(c. as in the last precedent but one) ; wiierc-l fore the said JS". /\ executor (or administrator) J aforesaid (or the said ^. B.) hath humbly besouglij us to provide him a proper remedy in this beh; And we being willing that what is just in this bel should be done, command you, that by honcsta lawful men of your bailiwick you make known to ii said C. D. (or to the said G. II. executor, or a( nistrator, as aforesaid,) that he be before us at /(ifl minster, on next after — , to shew if lie Ii or knows of any thing to say for himself, why thee mages aforesaid, in form aforesaid assessed, slioJ notbe adjudged to and recovered by the said £j executor (or administrator) as aforesaid, (or, the said A. B.) according to the form of the starJ in such case made and provided, if it shall scenij pedient for him so to do ; and further to do andij ceive, 5Cc. (as before, p. 435, 6.) ^i ON DEATH AFTER FINAL JUDGMENT. W i-r^ George the Thirdf{S(c.) To the sheriff of Chap*^ [greeting: Whereas J.B. and C D. lately in our XLU- i court before us at Westminster, by bill without our , (J^^;^ [writ, and by the judgment of the same court, reco- a surv viuy [vered against Ei F. (&c.) whereof the said E.F. P"^'"^'' • ^s convicted, as appears to us of record ; and after- lards, to wit, on at in your county, the Lid Ci D, died, and the said y/. ^. then and there lurvived him; as by the information of the said ; B. in our said court before us, w^e have been tven to understand : And now on the behalf of the |)d A. B. in our said court before us, we have been formed, that although judgment be theroupoh rcn, iSCf. (asbefore, p. 435, 6.) ., XGt'orgc the Third. {Kc.) To the sheriff of (§ 57.) ;etin2f '• Whereas A. B. lately in our court before '^'l^ l'*^'- *" " _ _ _ *' gniusl a sur- [at Westminster, by bill without our writ, and by viving dcfcn- I judgment of the same court, recovered against and /;. F. (fife.) whereof the said C. D. and \F. are convicted, as appears to us df record ; ^afterwards the said E.F. died, to wit, at )ur county, and the said C. D. there survived i*; as by the information of the said A. B. in our court before us, we have been given id under- And now on the behalf of the said A. B. iri . [said court before us, we have been informed, [although judgment be thereupon given, &V. (as (re, p. 435, 6.) au e.veciuor. \orge the Third, (SsV.j To the sheriff of (5 38.) ting: Whereas A. B. lately in our court before The like, for \^Vestminster, by bill without our writ, and by idgment of the same court, recovered, {^c.) iof the said C. /). is convicted, as appears to ll h 2 us P; ; " U! 46B Chap. XLII. (§ 59.) Thclik«, a- gainst ail exc- WRITS OK SCIRE FACIAS u« r... us of record ; and afterwards, to wit. on - — jt the said ^. B. died, having first duly made ant published his last will and testament in writinfj and thereby constituted and appointed E. F. cxccii. tor thereof; after whose death, the said K. F. duly proved the said last will and testament of the said A. B. and took upon himself the burthen of tlij execution thereof; as by the information of the said E.F. in our said court before us, we have been given to understand: And now on the behalf oftiK said E. F. executor as aforesaid, in our said cour before us, we have been informed, that althou;! judgment be thereupon given, yet execution oftli^ damages (or debt and damages) aforesaid ^til'J mains to be made to him; wherefore the said E.\ executor as aforesaid, hath humbly besought iisj provide him a proper remedy in this behalf: Andil being willing, ^f. (as before, p. 435, 6.) George the Third, (Sff.) To the sheriff of- greeting: Whereas A.B. lately in our court bcfJ us at Westminster J by bill without our writ, andj the judgment of the same court, recovered, whereof the said C. D. is convicted, as appcanj us of record ; and afterwards the said C. D. S(t*. (as in the last, to the words ** execution t of"); as by the information of the said J. Si our said court before u' , we have been given toj derstand : And now on the behalf of the said JJ\ our said court before us, we have been informed,!, although judgment be thereupon given, yetexfj tion of the damages (or debt and damages) afoo still remains to be made to him ; wherefore, And we being willing, (SCc.)coKiniand you, tliai honest and lawful men of your bailiwick, youi ds, to wit. on at 'inn- first duly made and . testament in writing, appointed i?. ^. execii. ith, the said /^. F. duly id testament of the said I iself the burthen of tUl le information of the saiJ )efore us, wehavebecJ now on the behalf oft' resaid, in our said cowl informed, that althoujil ven, yet execution of tl mages) aforesaid $tiV r wherefore the said E. til humbly besought id cdy in this behalf: Andj fore, p. 435, 6.j I) To the sheriff of- L lately in our court bel|^ L without our writ, ami? le court, recovered, ^. L convicted, as appcanf jwards the saidC. /).'°"''^^ )f your bailiwick, yd'' ON DEATH AFTER FIN" JUDGMENT. ] m 47d Chap. XLII. (§61.) The like, a* gainst an ad- uiiiiiiitiator. (§ 62.) firirt'fiicins against tcr- tiiiiants. WRITS OF SCIRE FACIAS .Trt George the Third, {Sic.) To the sheriff of — greeting: Whereas /i. B. lately in our court befon us at Westminster^ by bill without our writ , and by the judgment of the same court, recovered against C JD, (&c.) whereof the said C. D. is convicted, as appears to us of record : And now on the behalf of the sak A. B. in our said court before ijs, vye have been in. formedi that although judgment be thereupon given yet execution of the damages (or dpbtand damages; afor(?sai4 still remains to be made to him ; and tlie said C. D. is since dead intestate, and administration Kc. (as in the last, to the words ** was granted t; ^. Fy) as by the information of the said A.B pur said court before us, we have been given to wU derstand; wherefore, (5s"c.): And we being nilliii; (5<'c.) command you, that by honest and lawful iie: ,of your bailiwick, you make known to the said E.l jadministratpr as aforesaid, that he be before ih JVes/rninslcr, on next after ,to shew if hatb or knov/jjth of any thing to say for hiiii\ why tlje said A. B. ought not to have his excciit, Sgainst him, of the damages (or debt and damagJ aforesaid, to be levied of the goods and cliattJ which were of the said C. D. at the time of his dcaJ in the hands of the said E. F. to be adininisterel according to the force form and effect of tljc recovery, if it .shall seem expedient for him sol do; and further to do and receive, Kc. (as bcfoij P-435, 6.) . . _ ^, , George the Third, (6s'"c.) To the sheriff of - greeting: Whereas A. B. lately in our court bef^ us at JVesfminster, by bill without our writ, the judgment of the same court, recovered aga:| .) To the sheriff of - ?. lately in our court bi [U without our writ, anl ie court, recovered a« AGAINST HEIRS AND TERTENANTS. C. D. (&c.) whereof the said C. D. is convicted, as appears to us of record : And although judgment be thereupon given, yet execution of the damages (or debt and damages) aforesaid still remains to be made to the said A. B. and tlie said C. D. is since dead, as by the information of the said A. B. in o.ur said court before us, we have been given to under- stand ; wherefore the said A. B. hath humbly be- sought us to provide him a proper remedy in this behalf: And we being willing that what is just in this behalf should be done, command you, that by thonest and lawful men of your bailiwick, you make [known to the tenants of all the lands and tenements in your bailiwick, of which the said C. D. or any [person or persons in trust for him, was or were seised on next after in term; in the year of our reign, on which day the judgment iforesaid was given, ^r at any time after, that they )e before us at Westminster ^ on next after to shew if they have or know of any thing to ly for themselves, why the damages (or debt and images) aforesaid ought not to be made of those ids and tenements, and rendered to the said A. B. :cording to the force form and effect of the said Jcovery, if it shall seem expedient for him so to ; and furthSr to do and receive, Kc. (as before, 435, 6.) •;. . ,^ .a . ,, ., ,,•-. ■ . . ,■ , , . . ■J', i^ '' '-^r. "iu .'^ . ' -•■■'■.J -t I \^, • .. my Chap. XLII. (§ 63.) George the Third, (&'<:. ) To the sheriff of reeting: Whereas A. B. lately in our court before T*»e>ikc, " . "^ against a sur- at llestmitistery by bUi without our writ, andby vjvingdtftnd. L • J ^ ,. 1 , . ant, and the |e judgment ot the same court, recovered agamst heir and tcrtu- \n. and E.F. &c. (stating the judgment) ; whereof ^^^'^^^ ''^^"^- said C. J), arid A'. F. were convicted, as appears jus of record: And although judgment be there- H h 4 upon 472 Chap. XLII. f ' WRIT! OE seme FACIAS \;li& Upon g^iven, yet exeoution of the damages (or debt end damages) aforesaid still remains to be made to the said A^ B. and the said C. J), is since dead, as by the information of the said A. B. in our said court before us, we have been given to understand; ivherefore the said A. B. hath humbly besought us to provide him a proper remedy in this behalf: And >ve being willing that what is just in this behalf should be done, command you, that by honest and lawful men of your bailiwick, you make known to the heir of the said C. 1). and also to the tenants of pU the lands and tenements in your bailiwick, of which tlie said C. D. or any perion or persons in trust for him, was or were seised on next after in the year of our reign, on which day the judgment aforesaid was given, or at any time ^fter, and also to the said E. t . that they be before us, on next after , that is to say, the said heir and tertenants to shew if they have or know of any thing to say for themselves, why the damages (or debt and damages ) aforesaid ought not to be levied on a moiety of those lands and tenements, and the said E. F. to shew if he has or knows of any thing to say for himself, why the damages (or debt and damages) aforesaid ought notto be levied on the goods and chat- tels of him the said E. F. (except the oxen and beasts of his plough), and also a moiety ofail the lands and tenements, of which the said E. F. or any person or persons in trust for him, was or were seised on the said next after — — in the — - — year aforesaid, on which day the judgment aforesaid was given, or at any time after, according to the force form find effect of the recovery aforesaid, if it shall seem expedient for him so to do ; and further to do and ^•eceive, Kc. (ai before, p. 435, 6.) - ; George AGAINST HEIRS AND TERTENANTS. 419 George the Third, (iff.) To the sheriff of greeting: Whereas y^. £. deceased lately in our court before us at Westminster ^ by bill without our virrit, and by the judgment of the same court, reco- vered against C. D, arid E^ F. /. for his da- inages, (or a certain debt of /.) !Cc. whereof the said C. D. and E.F. were convicted, as appears to us of record : And whereas for having execution of the judgment aforesaid, we lately by our writ commanded our sheritf of , that of the goods and chattels of the said C. D. and E. F. in his baili-> wick, he should cause to be made the damages (or debt and damages) aforesaid; and that he should have that money, He. (as in Vifierifacias)'. And our said sheriff of at that day returned to us, that by virtue of the said writ to him directed, he had caused to be made of the goods and chattels of the said CD. and E^ F. the sum of /. parcel of the damages (or debt and damages) aforesaid, which money he had ready before usi, at the day and place in the said writ mentioned, to render to the said A. B. in part satisfaction of his damages (or debt and damages) aforesaid ; and that the said C. D. and E.F. had not, nor had either of ihem, any other or more goods or chattels in his bailiwick, whereof he pould cause to be made the residue of the damages (or debt and damages) aforesaid, or any part thereof: And although judgment be thereupon given, yet execution for /. being the residue of the da- mages (or debt and damages) aforesaid, still remains to be made ; and as well the said A. B. as the said C D. and E. F. after the giving of the judgment aforesaid, respectively died, as by the information pf G. H. executor of the last will and testament of Chap, XLII. »64.) Scire facias for the residue, by an executor op administrator, againit the heirs and ter- tenants of se^ veral defen<)-< ants. ii V 1 V-A' WRITS OF SCIRE PAClAS, &C. ^ , ' , Chap. XLII. the said A. B. (or " administrator of all and singular the goods chattels and credits which were of the said A. B. deceased, at the time of his death, who died intestate, or with the will of the said A. B. annexed") we arc given to understand ; wherefore the said G. H. executor (or administrator) as afore- said, hath humbly besought ns to provide him a pro- per remedy in this behalf: And we being willing that what is just in this behalf should be done, com- mand you, that iiy honest and lawful men of your bailiwick, you make known to J. K. the son and heir of the said C. D. and tlie tenants of all and sin- giilar the lands and tenements in your bailiwick, whereof the said C. I), on the day of in the year of our reign, on which day the judg- ment aforesaid was given, or ever afterwards, was. seised in fee-simple, that they be before us at WesU viinster. on — — next after , to shew if they have or know, or if either of them hath or knowetb, of any thing to say for themselves or himself, why the said /. ought not to be made of those lands and tenements, and rendered to the said G. II. exe- cutor (or administrator) as aforesaid, for the residue of the damages (or debt and damages) aforesaid, ac- cording to the form and effect of the said recovery, if it shall seem expedient for him so to do ; and also that by honest and lawful men of your bailiwick, YOU make known to the heir and tenants of all and singubr the kinds and tenements in your baili- wick, wher«of the said K. F. on the said day of in the year aforesaid, on which day the judgment aforesaid was given, or ever zhcx- wards, was seised in fee-simple, that they he before us at Westminster^ on the said next after •. , to shew if they have or know, or if either of them hath and J. . I have be and and pla< ilETURW td sfctliK FACUI. 415 / hath or knoweth, of any thing to say for themselves or himself, why the said /. ought not to be made of those last-mentioned lands and tenements, and rendered to the said G. II. executor (or admi- nistrator) as aforesaid, for the residue of the damages {or debt and damages) aforesaid, according to the form and effect of the said recovery, if it shall seem expedient for him so to do ; and further to do and receive what our said court before us shall then and there consider of the said several and respective heirs avid tertenants in this behalf: and have there then the names of those by whom you shall so make known to them, and this writ. Witness, (SCc.) / Chap. XLIL 1.- - feci. ^{y virtue of this writ to me directed, by G. H. (§ 65.) and J. K. honest and lawful men of my bailiwick, Rt=<«rn of «,v* I have given notice to the within-named C. D. to be and appear before the lord the king, at the day and place within contained, to shew, &V. as by the ^id writ he is required, and as I am within com- manded. The answer of sheriff. The within-named C. D. hath not any thing in (§ 66.) my bailiwick, where or by which I can give him notice, as I am within commanded ; nor is the said C. D. found in the same. V * ' - , ^-'; -^ . ^ , • i i The answer, (6Cr.) By virtue of this writ to me directed, by G. H. (§ 67.) and J. K. honest and lawful men of my bailiwick, S'-?«/e<:i as t* *' ' one, and nihil I have given notice to the within-named C. D. to as to another. be and appear before the lord the king, at the day and place within contained, to shew, b(c. as by the said if H- ■ ', ♦76 Chaf. « «8.) Rebira tn a tcirtjkri ioqui. rj. hi it ii" ;'■! (...-, * cs ^) liifaisition. RETURN'S TO 8C1RE rXClAl. said writ he is requireUi and as I am within com- manded : But tl)e witbin-named £. F. hath not any thing in my bailiwick, where or by which 1 can give him notice, as I am within commanded ; por is the said E. F. found in the same. . ^ ., .^- .„ , Theanswer, {Kc.) . The within-named E. F. has no goods or chattels, which were of the within-named C. D. deceased at the time of his death, in the hands of tlie said E. F. to Ue« administered, in my bailiwick, whureol'Ican cause to be made the damages (or debt«md damages) within-written, or any part thereof; but the said ^. F.9.iiGT the death of the said C. D. had divers goods and chattels, which were of the said C. D. at the time of his death, in his hands to be adniini- stered, to the value of the damages (or debt and da- mages) within-written ; which said goods and chat- tels the said E. F. afterwards, and before the com- ing of this writ to me, sold, wasted, eloigned and converted to his own use, as appears by a certain inquisition taken before me in this belialf, on the tiath of honest and lawful men of my said bailiwick, and to this writ annexed : And I further certify, that *hc said E. F. hath nothing in my bailiwick, where or by which I can make known to hlin, as by the said writ I am commanded ; nor is he found in the same : The residue of the execution of this writ ap- pears in a certain inquisition hereunto annexed. The answer, (SCc.) An inquisition indented, taken at on the day of in the year of the reign, of pur sovereign lord George the Third, now king of tlie ur ^V. be virtue to tjic to inqi] writ CO i^c) h said sh tb.it E. the said vers go at tlie ti E.F. t mages ( fied; wl hath so] own use rilf, as i to be af above-n I do there anl lands oj within-i nientioi in fee-s]j thesai 1 The dule hcJ 'Hii' Ot • tf ; ■■ I. RETURNS TO SCIRE FACIAS, i 471 the united kingdom of (rreat Britain and Ireland^ isc. before sheriff of the county aforesaid, by virtue of a writ of our said lord the king directed to the said sheriff, and to this inquisition annexed, to inquire of and upon certain matters in the said writ contained and specified, by the oath of G. If. (Kc.) honest and lawful men of the bailiwick of the said sheriff, who upon their oath aforesaid say, thJit E. F. m the said writ named, after the death of the said C. J), in the said wru also named, had di- vers goods and chattels which were of the said C. D. at the time of his death, in the hands of him the said E. F. to be administered, to the value of the da- mages (or debt and damages) in the said writ speci- fied ; which said goods and chattels the said E, F, hath sold, wasted, eloi^^ned and converted to hit own use. In witness whereof, as well the said she- riff, as the jurors aforesaid, have caused their seals to be affixed to this inquisition, the day and year above-mentioned. • ■. •' . » ' ^ .< ' I do liereby certify, that there is no heir, nor are there any tenants, nor is there any tenant, of any lands or tenements in my bailiwick, whereof the within-named CD. on the day of giving the within- mentioned judgment, or ever afterwards, was seised in fee-simple, to whom I can make known, as by the saivl writ I am commanded. :^ . J.,., ,,i^^'i:^,.i.w.>;u ...iMi*-,.: The answer, (^c.) The execution of this writ appears in the sche- dule hereto annexed. , ■„ .«.^y.- , The answer, {.Vf.) J.K, Chap. XLII. m v\ (§70.) Ki/ii/ to a tcirK facias af^ainal an li£ir and tcrteJELAuts. {§71-) NikH »t tu'the heir, and tcini fee i to 1 h^ tcr- teuauts ut'ou0 defendant; and nifiU as to tfc« im '^i{-'n f " l: riB h>.TURNg TO tCIRK FACUf. Chap. XLII. heir and tor- tri. ints of ao' J. K. in the annexed writ uuincd, huth uouiii)^;- in my builiwick, where or by which 1 can uiako known to him, as by tlic said writ 1 am commanded ; nor is the saidy. A', found in the same : And I have by and good and lawful men of my baili-^ wick, given notice to L. M, tenant of messua- ges, (^t.) with the appurtenances, in the parish of' in my bailiwick, also to N. 0. tenant of acres of land, [i^c.) with the appurtcnarces, t) the said parish of in my bailiwick, (SCf. ) whu ij \. ere tbe messuages, lands and tenements of ihe said C. D. in the said writ named, in his life-tinio, on the day of giving the judgment in the said writ mentioned, of which thiisaid C. 1). then and after was seised in fee- simple, to be before the lord the king, at the day and place in the said writ contained, to shew in man- ner tb^i jin mentioned : And I do hereby further cer- tify, that there are no tenants, nor is there any te- nant, of any other lands or tenements in my bailiwick, whereof the said C. D. on the day of giving the said judgment, or ever afterwards, was seised in fee- simple, to whom I can make known, as by the said writ I am also commanded : And I do hereby also certify, that there is no heir, nor are there any te- nants, nor is there any tenant, of any lands or tene- ments in my bailiwicl , htreoC Ei F. in the an- nexed writ named, or ff Wf. (' ;.r givn. ' s said judgment, or ever aiui .. ards, was seised in fee- simple, to whom I can make known, as by the said writ I am also commanded. -■-' TV* ' i j"*,.',..<3 The answer, (SCc.) George •JC Cfvra K»«**!ting serting t " as bel 'u)..^ v. _ *>'■ •'/ $4 George (to ■h% rii!' 480 PftOCEfiDtNGS IN SCIRE FACIAS Chap. XLII. The like, upou two ni/tili re> turned. (to wit). Our lord the king sent to his shtfj riff of - his writ, close in these words, that is to say : George the Third, SCc. (here copy the jfirst scire facias to the end, and proceed as follows) : At which day, before our said lord the king at Westminstery came the said A. B. in his proper person ; and the sheriff, to wit. sheriff of aforesaid, there- upon returned to our said lord the king, that the said C. D. had not any thing in his bailiwick, where or by which he could make known to him, as by the said writ he was commanded, nor was he found in the same; and the said C. D> came not: There- fore, as before, it was commanded to the sheriff, that by honest and lawful men of his bailiwick, he should make known to the said C. D<. that he should be before our said lord the king at Westminster ^ on next after (the return of the alfaSf) to shew in form aforesaid, if, 6(c. and further, i^c. the same day was given to the said A. B. there, He. : At which day, before our said lord the king at JVestminster, comes the said A. B. in his proper person ; and the said sheriff of as before re- turns, that the said C. D. hath not any thing in his bailiwick, where or by which he can make known to him, as by the said last-mentioned writ he is com* manded, nor is he found in the same ; and the said C. D. although on that day solemnly called, comes not, but makes default: Therefore it is considered < that the said A. B. have his execution against the said C. D. for the damages (or debt and damages) aforesaid, according to the force form and effect of the said recovery, by the default of the said C D. &c. (to ON JUDGMENTS. 4S1 c. IV §6. y. imi^toJ^it). Our lord the king sent to his she- Chap. riff of — — , his writ close in these words, that is to XLII. say: George the Third, iCc. (here copy the scire (§'''6-) facias to the end, and proceed as follows) : At which an exec^utor ov day, before our said lord the king at Westminster, administrator, J ^ ■ o 'on the statute comes the said E. F. executor (or administrator) as 8 &9 »^. in. aforesaid, in his proper person ; and the sheriff, to wit, sheriff of aforesaid, now here re- turns, that the said C. D. hath not any thing in his bailiwick, where or by which he can give him no- tice, as by the said writ he is commanded, nor is the said C. i). found in the same; aiid the said C. D. comes not: Therefore, as before, the sheriff is com- manded, that by good and lawful men of his baili- wick, he make known to the said C. D. that he be before our said lord the king at Westminster, on next after , to shew in form aforesaid, if Kc. and further, Ss"c. the same day is given to the saidJE'. F. executor (or administrator) as aforesaid, at the same place: At which day, before our said lord the king at Westminster , comes the said E. F, executor (or administretor) as aforesaid, in his pro- per person; and the said sheriff of as before re- turns, that the said C. D. bath not any thing in hia bailiwick, where or by which he can give him no- tice, as by the said last-mentioned writ he is com- manded, nor is the said C. D. found in the same \ and the said C. /). being solemnly demanded, comes not, but makes default: And hereupon the said E. F. executor (or administrator) as aforesaid, prays that the damages in the said action may be assessed, (or, that the damages aforesaid, in form aforesaid asses* sed, may be adjudged to) and recovered by him the said E. F. executor (or administrator) as aforesaid, /, I i according J'i ■ \\A ■'* ' N ll U.I ■:i ' rjiii. 482 Thap. XLIL !)i > k\ ■1 -m- * _ PROCEEDINGS IN SCIRE FACIAS according to the form of the statute in such case made and provided : Therefore it is considered y that the damages aforesaid be assessed, (or, adjudged to) and recovered by the said E. F. executor (or admi- nistrator) as aforesaid, according to the form of the statute aforesaid, by the default of the said C. I). &c. : And because it is unknown to the court of our said lord the king nowhere, what damages the said ji.B. in his life-time sustained, on occasion of the premises; therefore the sheriff is commanded, that by the oath of twelve honest and lawful men of his bailiwick, he diligently inquire, what damages the said A. B. in his life-time sustained, as well by rea- son of the premises, as for his costs and charges by himlaid out about his suit in thisbehalf ; and the inqui- sition which the said sheriff shall thereupon take, he make appear to our said lord the king at Westminster ^ on next after— — under his seal,and the seals of those by whose oath he shall take the said inquisi- tion, together with the writ of our said lord the king to him thereupon directed ; the same day is given to the said E. F. executor (or administrator) as a- fpresaid, at the same place : At which day, before oursaid lord the kingat Westminster aforesaid, comes the said E. F. executor (or administrator) as afore. said, in his proper person; and the sheriff of aforesaid now here returns, a certain inquisition indented, taken before him at on the day of in the year of the reign of our said lord the king, by the oath of twelve honest and lawful men of his bailiwick ; by which it is found, that the said A. B. in his life-time sus- tained damages, by reason of the premises, besides his costs and charges by him laid out about his suit ... in t. ON JUDOM£NtS. 483 in this behalf, to 1, and for those c6sts and ChaI». charges to 1. Therefore it is considered, that XLII. the said E. F. executor (or administrator) as afore- J}>dgm«nt ' signed, (&«.) said, do recover against the said C. D. the da- mages aforesaid, by the said inquisition in form aforesaid assessed, and also /. for the costs and charges of this suit, by the court of our said lord the king now here adjudged of increase to the said E. F. executor (or administrator) as aforesaid, and with his assent; which said damages costs and charges in the w;hole amount to /. and the said C. D. Mercy in mercy, fife. ■ ..'IhoV'.'. ..; IV A. B. against C D. (§ T7.) I appear for the defendant, ui^onthe writ oiscire Note of ap. '^^ ' ' pearance. fmas issued in this cause. , To Mr. -&./". 3K adr Yours, Xc. " G. JK^. attorney. 't. V>1' i , . [ — term, in the year of the reign of (§78.) king George the Third . , Dociaration in o ^c. 'II . ? reiidai)t8, where one ap PROCEEDINGS IN SCIRE FACIAJ — — (to wit). Our lord the king sent to his she- riff o€ ^, his writ close in these words, thatistof say : George the Third, ^f. (here copy the scire fa- cias to the exiAy and proceed as follows): At which day, before our said lord the king at Westminster y pears, and the cotiies the said A. B. in his proper person ; and default. the sheriff, to wit, sheriff of aforesaid, now here returns, £Cc. (as in the last): And the said C. D. E. F. and G, H. being solemnly ' demanded, the said G.H. comes in his. proper per- ... son; but the said CD. and E.F. do not, nor does cither of them come, but make default : And here- upon the said A. B. prays that execution may be adjudged to him for the daimages (or debt and da- < ' mages) aforesaid, according to the force form and eftect of the said recovery, H^c. : But because it is / . convenient, that there should be but one award of execution in this behalf; therefore let all further proceedings against the said C. D. and E. F. be stayed, until it shall be determined, whether execu- ' '^ tion ought to be awarded against the saidG. if. &Ct Sih -,. « (§ 80.) The like, on two nihilt re* turned, » (to wit). Oar lord the king sent to his she- riff of , his writ close in these words, that is to say : George the Third, Ke. (here copy the first scire facias J and proceed as before, p. 430. to the end of the second return of nihil, and conclude as fol- lows): and the said C. D. being solemnly de- manded, comes by G,H. his attorney: And here- upon the said A. B. prays that execution may be adjudged to him, against the said CD. of the da- mages (or debt and damages) aforesaid, according to the force form and effect of the said recovery, ' . , - (As. A9 ;nt to hii slic- •rds, thatistof )y the scire fa- vs): At which [ Westminster y : person; and aforesaid, le last): And ►eing solemnly [lis proper per- not, nor does Lult: Andhere- icution may be or debt and da- force form and lut because it is It one award of let all further and E. F. be whether execu- 1 said G. H. &c» sent to his she- jvords, that is to >py the first scirf 4S0. to the end ;onclude as fol- solemnly de- iiey: And here- ecution may be C.i>. of the da- Bsaid, according said recovery, ON JUDGMENTS. ^85 (As in the last, to the prayer of e^cecutlon, which is a^ follows:) And hereupon the said A. B. prays that execution may be adjudged to him, against the Chap. XLII. (§81.) cutor. said C. D. as executor as aforesaid, for the damages gainst au'exe- {or debt and damages) aforesaid, to be levied of the goods and chattels which were of the said K. F. at the time of his death, in the hands of the said C. D. to be administered^ accor4ing to the force form and e^ect of the said recovery, fiCr. (to jvit. ) Ovr lord the king sent to his she- riff of , his writ close in these words, that is to say : George the Third, Uc. (here copy the first writ of scire facias t& the end, and proceed as follows): At which day, before our said }r admini- strator) as aforesaid, by his attorney ; and the sheriff, to wit, sheriff of aforesaid, there- upon certifies and returns to our said lord the king, that /. K. in the said writ pained, Ijad nothing in his bailiwick, &V. (here recite the sheriff's rc^rarn, ^uodvideunte, p. 478.): and the said J. K. at the same day,being solemnly demanded, comes by — his attorney ; but the saidZ. M. {kc.) although s6- lemnly demanded, come ijot, biit make default: Therefore it is considered, that the said G. H, exe- cutor (or administrator) as aforesaid, have his exe- cution against the said L.M. (&c.) of the said /. residue of the damages (or debt and damages) afore- said, to be levied of the messuages lands and tene- ments, whereof they are returned tenants as afore- said, according to the force form and effect of the. ?aid recovery , by the default of the said L. il/. ( &c . ) : jBi^t let the said execution be stayed, until it be de- I i 3 tcrmined, (§ 8'2,) Dt'claration in scire fdciiis for the residue, by an executor or - adnr nistrator, agu'iist the heirs and tcr* tenants of se- veral defend- ants; where the heir of one defendant ap- pears, and thtt tertcnunts niaktr default, on tlie return i)f scire feci ^ and two nilti/.t are returned, as to the heir and tertenants of the other de- fendai^t. (ti ii,i {^■ . ■; lli ;« .486 t' I, Chap. ■ XLII. . , PROCEEDINGS IN SCIRE FACIAS, 6(c. termined, whether the said G. H. executor (or ad- ministrator) as aforesaid, ought to have execution against the said/. K. of the said /. residue, S;V. And the heir and tenants of all and singular the lands and tenements whereof the said E. F. was seised as aforesaid, although solemnly demanded, come not, but make default : Therefore, as before, the sheriff is commanded, that by honest and lawful men of his bailiwick, he make known to the heir aiy^ te- nants of all and singular the lands and tenements in his bailiwick, whereof the said E.F. on the said day of ■— — in the year aforesaid, on which day the judgment aforesaid was given, or ever afterwards, was seised in fee-iiimple, that they be before our said lord the king at Westminster, on next after , to shew in form aforesaid, if, y^c. and further, Sfc. the same day is given to the said G. H. executor (or administrator) as aforesaid, and also to the said J. K. at the same place : At j which day, before our said lord the king at West- minster , come as well the said G. H. executor (oil administrator) as aforesaid, as the said J. K. by I their respective attornies aforesaid ; and the sheriif 1 of aforesaid now here certifies and returns to our said lord the king, that there is no heir, nor are there any tenants, nor is there any tenant, of any lands or tenements in his bailiwick, whereof tiiel said E. F. in the said writ named, on the day ofl giving the judgment in the said writ mentioned, orj ever afterwards, was seised in fee-simple, towhoml the said sheriff can make known, as by the said last- mentioned wvit he is commanded ; and the saidj last-mentioned heir and tenants, although solemnly demanded, come not, but again make default; AnJI there- WRIT OF SCIRE FACIAS, 5(c, ' ' » . tliereupoh the said G. H. executor (or administrator) as aforesaid, prays that execution may be ^djudged to him against the said J. K. of the said /. residue of the damages (or debt and damages) afore- «aid, to be levied of the lands and tenements, whereof the said J. K. on the said day of in the year aforesaid, on which day the judgment ^foresaid was given, or ever afterwards, was seised in fee-simple, and which have descended and come to the said J. K. as the heir of the said C. D. according to the force form and effect of the said recovery, t^c. The issue in scire facias on judgments, is similar to that against bail, for which vide antey p. 425. and for writs of execution, after scire faciaSy by or against executors or administrators, vide ante y p.321,5(c;. ' -v •• ■-• *> -'-■' . ^.. i-v- •■ •..^_^ -;'■; 487 Chap. XLII. George the Third, {Sic.) To the sheriff of "- scire facias, to greeting: Whereas we lately, by our letters patent repeal letter* under our great seal of the united kingdom of Great Britain and Ireland, bearing date at JiCestminster the day of in the year of our reign, reciting that whereas C. D, had by his petition humbly represented unto us, that he had by great study and application, found out and invented a new manufacture, (^c.) that he was the first and true inventor thereof, and that the same had not there- tofore been used or put in practice, and that the said invention would be of great public utility; he therefore humbly prayed, that we would be 1 i 4 ' most iNlli t :: .1' iH 4SS V WRIT OP SCIRE FACIAS 1 1 I Cha,p. XLII. most graciously pleased to grant unto him, his exe- cutors administrators and assigns, our royal letters patent, for the sole use and beuctit of his said dis- covery and invention, within that part of our said united kingdom of Great Bntain and Ireland called ^England, our dominion of IVaUs, and town of her- wick upon Tweedy and in all our colonic!^ aud plan- ikations abroad, for the term of fourteen years, pur- suant to the statute in that case made and j^rovided: And we being willing to give encourageraoi.t to ajl arts and inventions whicn might be for the pul)lic good, were graciously pleased to coudebCQiiu to the petitioner's request j and therefore we, of our spe- cial grace and favour, for us our heirs and succes- sors, did by the said letters patent give and grant to the said C. J), bis executors administrators and assigns, our especial licence, full power, sole pri- vilege and authority, that he the said C, D. his executors administrators and assigns, and every of them, by himself and themselves, or by his or their deputy or deputies, servants or agents, or such others as he the said C. D. his executors administra- tors and assigns should at any time agree with, and jio others, from time to time and at all times there- after, during the term of years therein expressed, should and lawfully might make, use, exercise and vend his said invention, within that part of our aaid united kingdom of Great Britain and Ireland (galled Englandy (^c.) in such manner as to him the said C. D. his executors administrators and as- signs, or any of them, should in his or their dis- cretions seem meet ; and that he the said C. D. his eiecutors administrators and assigns, should and JawfuUy might have and enjoy the whole profit, benefit. TO REPEAT. LETTERS PATENT. 4if benefit, commodity and advantage,- from .time to time coming, growing, accruing and arising by reason of tiie said invention, for and during the term of years therein mentioned ; to ha vc,hold, exer- cise and enjoy the said licence, powers, privilege^ and advantages therein before s:ranted, or mentioned to be granted, unto the said C. D. his executors administratorti and assigns, for and during and unto the full end and term of fo^rtQct^ years from the date of the said letters patent next and imme- diately ensuing, and fully to be complete and ended, according to the statute in tiiat case made and provided : And to the end that he the said C. D. his executors administrators and assigns, and every of ;them, might have and enjoy the full benefit, and the sole use and exercise of the said invention, ac- cording toour gracious intention therein before de- clared, we did, by the said letters patent, for us our heirs and successors, require and strictly com- mand all and every person and persons, bodies politic and corporate, and all other our subjects whatsoever ,of what estate, quality, degree, name or fcondition soever they might be, within that said part of our said united kingdoip of Great Britam and Ireland called En^innd, {S(c.) that neither they or any of them, at any time during the continuance of the said term pf fourteen years thereby granted j either directly or indirectly, should make, use or put in practice the said inyention, or any part of the same, so attained unto by the s^id C. D. as aforesaid, nor in anywise counterfeit, imitate or re- semble the same, nor should make or cause to be made any addition thereunto, or subtraction from (he same, wberebjr to pr^ad biinself or themselves the Ghah. XLII. i iK' - » 490 WHIT 01 SCIRE KACfAS (.'llAP. KLII. tlie inventor or inventors, dm'isor or devisors tJjeroof, without tl>u lic«ncc consent or agreement of the said C. J), liis executors administrators and assigns, in writing, under his or their hands and V'Seals first had and obtained in that behalf, upon ''such pains and penalties as mioht or could be justly inflicted on such ott'onrlers, for their contempt of that our royal command, and further to be answer- able to the said ('. I), his executors administratori and assigns, according to law, fo* his ami their da- mages thcriiby occasioned: And ii? which said let- ters patent, amongst other provisoes therein ex- pressed, were and are certain provisoes to the pur- port and effect following, (that is to say): Pro- iVided always, and the said letters patent were and should be upon this condition, that if at any time during the said term thereby granted, it should be made appear to us, our hou's or successors, or any six or more of our or their privy council, that that our grant was contrary to law, or prejudicial or inctwivenient to our subjects in general, or that the said ipveption was not a new invention, as to the public use or exercise thereof, in that said part of our said united kingdom of Great Britain and Ire. land called Englandy (&'c. ) and not invented or found out by the said C. J), as aforesaid, then, upon signification or declaration thereof, to be made to us our heirs or successors, under our or their signet or privy seal, or by the lords and others of our or their privy council, or any six or more of them, under their hands, those our letters patent should forthwith cease determine and be utterly void, to all intents and purposes, any thing therein before coatJucd to the contrary thereof in any wise, not- with- TO REPEAL LETTERS PATEKT. 'withstanding: Proviilcd also, and the said letters patent were upon this express condition, that if the said C. J), should not particularly describe and as* certain the nature of his suid invention, and in what manner the same was to he performed, by an in- strument in writing under his hand and seal, and cause the same to be in rolled in our higli court of chancery, within one calendar month next and im^ mediately after the date of those our letters patient, that then and in such case those our letters patent, and all liberties and advantages whatsoever thereby granted, should utterly cease, determine and be- come void, any thing therein before contained to tluj contrary thereof in anywise notwithstanding ; as by the said letters patent, inroUed in our said court of chancery, (amongst other things) more fully appears : And whereas we are given to under- stand, that the said pretended invention of the said C. J), was not invented and fou ' out by tlic said C.JJ.; and further, that the said L. D. was not nor is the first and true inventor of the said pre- tended invention of the said C- D. according to the true intent and moaning of the said letters patent, and as therein is mentioned ; and further, that the same was before and at the time of making the said letters patent and grant, used by others, in that part of our said united kingdom of Great Bfitain and Ireland called England-^ and further, that one E. F. one of our subjects, was at the time of mak- ing the said letters patent and grant, the first and true inventor of part of the said supposed invention, pretended to be attained unto by the said C. D. being a part thereof for vesting the sole use and iixejrcise of which in the said C. D. his executors • . , ' admi- 491 Chap. XLIl. < '\m ii Mi I: i'iiii I. i' I 4kD3 WRIT or SOIRl KACIA4 Chap. Qdmlnistrators and assigns, the said letters patent XLII. were granted as afurcHaid; and further, that part of the said supposed invention, (JCc.) being a part thereof for vesting, (^<^) W9s at thu time of making the said letters patent and grant, used by the said £. F. to wit, at in your county ; and more- over, that although the said C. /). did cause a ccr- \ tain instrument in writing under his hand and seal, and bearing date the day of in the ■year afoiosaid, to be incolled in our high court of chancery at Westminster in the county of Middle sdXy within one calendar month next and imme- diately after the date of our said letters patent, to wit, on the said day of in the year afore- said, thereby pretending, in compliance with the said proviso, particularly to describe and ascertain the nature of his ftaid mvention, and in what man- ner the same was to be performed, as by tl^e said instrument in writing,so inrolled in our said high court • of chancery at /ff.f/miVwMr aforesaid, appears; yet the said C. D. hath not, in and by the said instru- , jnent in writing so involled as aforesaid, or by any other instrument in writing under his hand and seal, inrolled in our said high court of chancery, within one calendar month nc^jt and immediately after the date of our said letters patent, p;irticularly des- cribed an4 ascertained the nature of his said inven- tion, and in wljat manner the same is tp be per- ■ ^. ' ■ formed, but hath wholly neglected so to do, con- trary to the form and eflfect of the sai4 letters pa- ... ' tent, and of the said last-nicntioned proviso in that • behalf: By means of which said several prenniscs, the said iotters patent, so as aforesaid granted tq ■^^ "^ tke said C. D. are and ought to be void, and of no V • force To REPEAL LETTERS PATENT. 40S force or effect inlaw: And wc being willing that what Ik juit should be done in the premises, com- mand you, that by good and lawful men of your bailiwick, you give notice to the suid C. D. that he be before us in our chancery, in now next en- suing, wheresoever wc shall then be in A'w^/tf« - in the ourself at Wasl minster ^ the year of our reigix. A. i.'ia (.» day of- Chap. XLII. ^:iS .1' .'-IJ.'. . .1 ••■J %il t i ., « V « I ,, {■fy^JS^4 'hlii^^^:- '■■■■>■ ^ -■'- CHAP. XLIl!. ^^ ' HV-^'-lsU ■J^'f Ui -iwi .;« x- ■01 \ (?/■ Error, -"j, jf v/, , . .. r .^j (§1.) , to wit. Writ of error, coram nobis, for CD, Praecipe (or ^t the suit of ^. B. (ov if by plaintiff, for A.B. writ of error, , * •; * toram nobis. against C. D.) on a, judgment in case (or as the j Udg- mentis), returnable on . 6r. jy. attorney. (5 2.) George the Third, {S(€.) lo our justices assigned Writ of error, jq |^q|(J pleas in our court before us, ffreetincc : Be- eoram nobis. '^ ^ n o cause in the record and proceedings, and also in the giving of judgment, in a plaint which was in our , court before us, by bill, between A. B. and CD. of a plea of trespass on the case, (or of a certain debt, . » which the said A. B. demanded of the said C D.) asi it is said, which said record and proceedings now remain before us as it is said, manifest error hath intervened, to the great damage of the said C. Z>. (or if the writ of error be brought by baron and feme, on a judgment against the feme, " to the great damage of £". Z). and the said 6\ his wife," ) as by his (or their) complaint we are informed: We being willing that the error, if any there be, should in duu manner be corrected, and full and speedy justice < done to the parties aforesiud in this behalf, do com- mand you, that if judgment be thereupon given, then the record and proceedings aforesaid being , inspected. \VRIT» or EKROR, Inspected, you cause to befurthci* done tlicrcnpou, for correcting that error, what of right, and acc^or- ding to the law and custom of EnglamI, ought to be done. Witness ourself at Westminster^ the day of in the year of our reign. ,. .. ,.• '^ r^- Chap. XUII. George the Third, {5s"f.) To our justices assigned (§ '•) to hold pleas in our court before us, greeting : Be- ai/ablitrlnetlr cause in the record and proceedings, and also in the "f aturmer giving of judgment, in a plaint which was in our court before Sir James Mansfield knight and his companions, our justices of the bench, by our writ, between A. B. and C. V). hite of of a pica of trespass on the case (or as the plea is), as it * is said, which said record and proceedings, by rea- - , son of error happening therein, we have caused to • , -' be brought and the same now remain belore As, as , ; , it is said, manifest error hath intervenedf, to the great damage of E. F. administrator of all and singular the goods chattelsand credits, which were of the said A. B. who is dead intestate, as it is said, as by the - * compltiint of t^ie said E. F. we are informed : We * being willing that the error, if any there be, should ' . ' • be in due manner corrected, and full and speedy I justice done to the parties aforesaid in this behalf, do command you, 5(c. (as. before). . I to wit. Writ of error for C. D. at the suit of 1-^. B. (or for A. B. against C. D.) on a judgment (§♦.) ■ Pr'Bi.ipc far Mrrit of error, ill case (or as the judgment is), in the common pleas, fiom tiie Com- mon l»leas tu G. If attorney. '^^"°^- IS—. |retiu-nable, {S(e).' ■ t ■ I Gtorge %:■ 496' .v> vntits Ot ERROn. CHAt». XLIII. (§ 5.) Writ of error, from thp Com- tnon Picas to the King's Bench. George the Third, (He.) To our right trusty an J well-beloved Sir James Mansfield knight, our chief- justice of the bench, greeting: Because in the record and proceedings, and also in the giving of judgment, in a plaint which was in oiir court before you and your companions, our justices of the bench, by our writ, between -r^. B. and CD. late of of a pica of trespass on the case (or as the plea is), manifest error hath intervened, to the great damage of the said C. D. ashy bis complaint we are informed : We being willing that the error, if any there be, should in due manner be corrected, and full and speedy justice done to the parties aforeisaid in this b«eha]f, do command you, that if judgment be thereupon given, then you send to us distinctly and openly, un- der yourseal,the record and proceedingsof the plaint aforesaid, with all things concerning the same, and th^s writ, so that we may have them on where- 4oever we shall then be in England^ that the record and procc;edings aforesaid being Inspected, we may cause to be further done thereupon, for correcting that error, what of right, and accorc^ing to the law and custom of England^ ought to be done. Wit- ness ourself, (5Cc.) ; '. (§6.) The like, in itiht^tti turn. George tlie Third, (STc.) To our right trusty .a.id welUbclovcd Sir»/am« Mansfield knight, our chief- justice of the bench, greeting: Because in the record and proceedings, and also in the giving of judg- ment, in a plaint which was in our court before you a:id your companions, our justices of the bench, by our writ, between A. B. who prosecutes as well for us as for himself, and C. D. lat? of of a plea tliat the said C. D. siiould render to us and the said A, B. >, WrtlfS OF ERROR. A.B. /. as it is said, manifest error hath ihtervej- netl, iSCc. (as m the last). 497 Chap. XLllI. Gfor^e the Third, (^Cf.) To the judges of ovir (5 7.) court of our palace at Westminster, and to each of ^^^ 'J.''^.' '^"*™ ~ ' , an inferior them, greeting: Because in the record and proceed- couittothe , , , . , . . „. , . ,' . King's Bench, mgs, and alsdih the givmg ot judgment, m a plaint which was before yoti, in the court of our palace . * aforesaid, without our writ, between A. B. and C. i^. of a plea of trespass on the case (or as the plea is), as it is said, manifest error hath intervened, 5(c.^(as in the last, to the end). . •. ,.; ,, i .:". ■■■ ..." ■'" '-^ — — to wit. Writ of error for C. D. at the suit (§ ^•) oi A. B. (or for A. B, against C. D.) on a judgment ^vr^tofelTor in case (or as the judgme: by bill, returnable, (5("f.) in case (or as the iudffmerttis), in the King's Bench ^omtheKing'a ^ ■ J b n & Bench to th« ♦ ...• 1.1 G.H. attorney. — 18—. t-.V. w\ .'O 'S fixchucjuei. chamber. «9.) G^or^ ;3i '* ii ■ :.« 'IJii i i! i 'i . ( 49S tVRlTS OF ERROR, Chap. XLIII. -I?'* "i be party, the party plaintiff or defendant, agaiiTsf whom any such Judgment should be given, migl^t at his election sue forth out of the court of Chan- cery, a special writ of error, to be devised in the said court of Chancer}', directed to the chief-justice of the said court of King's Bench for the timer being, commanding him to cause the said record, and all things concerning the said judginent, to be brought before tlie justices of the Common Bench and the'barons of the Exchequer, into the Exchequer- chamber, 'there to be examined by the said justices of the Common Bench and barons aforesaid ; which said justices of the Common Bench, and such barons of the Exchequer as are of the coif, or six of them at the least, by virtue of the same act, should there- upon have full power and authority to examine all such errors, as should be assigned or found in or upon any siicli judgment, and thereupon to reverse or affirm the said judgment, as the law should re- quire, other than for errors to be assigned or found for or concerning the jurisdiction of the said court of Ring's Bench, or for any want of form in any writ, return, plaint, bill, declaration or other plead- ing, process, verdict or proceeding whatsoever ; and that after the said judgment should be affirmed or reversed, the said record, and all things concerning the same, should be removed and brought back inta the said court of King's Bench, that such fur- ther proceedings might be thereupon, as well for execution as otherwise, as should appertain ; as in the said statute is more fully contained : And be- cause in the record and proceedings, and also in the giving of judgment, in a plaint which was in our court before us, by bill, between A.B. and CD. of a plea of trespass oa the case {ox as the plea is), as. WRITS OF ERROR; 499 Cha?. XUII. as it 19 said, manifest error hath intervened, to the great damage of the said C. D. as hy his complaint we are informed ; which said error in no wise con- cerns us, or the jurisdiction of our said court of King's Bench, or any want of form in any writ, re- turn, plaint, bill, declaration or other pleading, process, verdict or proceeding whatsoever, as we are also informed ; we therefore being willing that the error, if any there be, should, according to the form of the statute aforesaid, be duly corrected, and full and speedy justice done to the parties aforesaid ia this behalf, do command you, that if judgment be thereupon given, then you cause the record and proceedings aforesaid, vvith all things concerning the same, to be brought before the said justices of the Common Bench and the barons of our said Ex- chequer, into our Exchequer-chamber aforesaid, on the day of next ensuing, that the said justices and barons, the record and proceedings aforesaid being seen and examined, may further cause to be done thereupon, what of right, and ac- cording to the form of the statute aforesaid, ought to be done. Witness ourself, (&V.) George the Third ( Sf f. ) To our right trusty and (§ i o. ) well-beloved Edward Lord Ellenborov^h, our chief, frit of error, o ' fromtheKing's justice assigned to hold pleas in our court before us. Bench to the -r» .1 1 1 ' 1. HonseofLords, grectmg : Because in the record and proceedings, directly, and also in the giving of judgment, in a plaint whi^h was in our court before us, by our Writ, between • A. B. and C. I), late of of a plea of trespass on the case (or as the "plea is), as it is said, manifest error hath intervened, to the great damage cf the jsaid C. D. ashy his'complaint we are informed ; wei jbeing willing that the error, if any there be, should K k 2 ' in f ' ■• -: W: p'i .^00 m) I I' Chap. XLllI. (^ n.) The like, after atiiniiHnci: in the King's Kt'iU'li. WRITS OF EttROrt. ' r in due manner be corrected, and full and speedy just'tce done to the parties aforesaid in this behalf, do command you, that if judgment be thereupon given, tlten without delay you distinctly and openly send under your seal, the record and proceedings aforesaid, with all things touching the same, to us in our present parliament, and this writ ; that the re- cord and proceedings aforesaid being inspected, we may furtlicr cause to be done thereupon, with tiie assent of the lords spiritual and temporal in the same parliament, for correcting that error, what of right, and according to the law and custom of Englandy ouglit to be done. Witness ourself, (SCc.) George tlie Third, {^c.) To our right trusty and well-beloved JSdxvard Lord Ellenborough^ our chief, justice assigned to hold pleas in our court before us, greeting : Because in the record and proceed- ings, and also in the giving of judgnient, in a plaint which was before Sir James Mansfield knight and his companions, our justices of the bench, by our writ, between A. B. and CD. late of of a plea of trespass on the case (or as the plea is), and also in the affirmance of the same judgment in our court before us, as it is said, manifest error hath inter- vened, to the great damage, (^f.) we being wil- ling, (&c.) do command you, that if judgment be thereupon given and affirmed, then you distinctly and openly send, under your seal, the record and proceedings aforesaid, with all things touching the same, to us "a our parliament, at the next session thereof to be holden on the day of next ensuing, and this writ; that the record and proceed- ings aforesaid being inspected, we may further cause to be done thereupon, 6Cc, (as in the last.]. WRITS Of ERROR. $01 Chap. >' XLIII. . (§ ii) the K\cUe- qucr-chaiuUer. Georffe the Third, {Kc. ) To our ritrht tr-isty and •well- beloved Edward \ or. I FJlcnboroiiiih, our chief- justice assigned to hold pleas in our court before us, greeting : Whereas in the record and proceedings, afilninnte in "^ and also in the g'v 7. D.J A. B. Between and > Case, (or, Debt, Kc.) C. (5 1? ) Al'.ownfict of wr.lof error. 1 have allowed a writ of error in this cause, this — da" of 18 — . \' }':>- ? Clerk of the eiTors. It is ordered, that the writ of error issued between (5 H) thf parties in this cause, be allowed ; and upon the ^'^^^ onl' wrii plaintiff in error putting in and justifying his bail ot>iic>r ioiuui within four days next ensuing, that further pro- ceedings be stayed on the judgment in the original action, until the said writ of error now depending |}etween the parties, be determined. . -' By the Court. 't K k 3 In •it 502 Chap. XLIII. . (§ 13.) Notice of bail in error, ■ t iJ -.■■'■• . (« 16.) Rule for bet. ter bail. BAIL IN SRKOll. In Error. C. D. against A. B, Take notice, that special bail was this day put in, upon the writ of error brought in this cause, with the clerk of the errors, before the honorable Mr. Jus- tice , at his chambers in Serjeant'* s- Inn Chance^ ry Ldiie^ London ; and their names are ^. F. of andG. /r.of . Dated, (5Cc.) Your3j SCc. «/. ^. attorney for plaintiff ijpi To Mr L. M. error, attorney for defendant in error. W C D,\ Unless the plaintiff in the writ of error puts and > in better bail, within four days next after A, B. J notice hereof given to the said plaintiff or . - bis attorney, execution will issue. > Clerk pf the errors. In Error. C. D. plaintiff, Between and A. B. defendant. (§ n.) Take notice, that E. F. and G. H. the bail put in Noti<»ofjusti. upon the writ of error brought in this cause, of fication. '7 . ° ' whose additions and places of abode you have al- ready had notice, will on justify themselves in this honorable court, as sufficient bail for the said plaintiff. Dated the —— day of 18 — . Yours, ^c. J ^ J.K. plaintiff's attorney. To L. M. defendant's attorney. - " (§ 18.) Recognizance of ofbai.,on error coram nobii. You severally acknowledge to owe A. B. the sum U (double the sum rfecovered) upon condi- tion BAtX V ERROR. 503 tion tliat C. D. prosecutes hia writ of error with ef- fect; and if judgment be affirmed, shall satisfy and pay the damages and costs (or debt damages and costs) recovered, together with such costs and da- mages as shall be awarded by occasion of the delay of execution; or else you will do it for him. Ple&g before our lord the king at JVestminster, of ■ term (the term bail was put in), in the Chap. XLllI. (§ J9.) Entry of re- foguizajicc of year of the reign of our sovereign lord George the ^^''' "" ^"°^ ,.,, , i.^1/. flow the King's Third, by the grace of God of the united kingdom Bench to the of Gj-eat Britain and Ire/and king, defender of the chamber."" ' faith, and in the year of our Lord 1 8 — . '■u' -\-' r''. " • ."* Koll . England^ to wit. Be it remembered, that on next after in this same term, before our lord the king at Westminster ^ 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 him- self, hath here vecorded, that on the day of in the year of our lord 18 — , before the same justice, at his chambers situate in Serjeants' -Inn^ Chancery Lane, London, came E. F. of and ,G'. //. of 'n their own proper persons, and according to the form of the statute in ^uch case made and provided, acknowledged themselves, and each of them separately did acknowledge himself, to owe to A. B. the sum of /. of lawful mioney of . Great Britain, to be paid to the said A. B. his exe- putors or assigns ; and unless they ishould so do, the said E. F. and G. ti. did grant and agree, that the said /. of their and each of their lands and xhattels should be made, and levied to thp yse of the said A* B. The ". \' i 'ii ■it i ^04 ClfAT'. XUII. M BAJL IN KRROJl, . < The condition of the above recognizance i» sucS, that whereas the aforesaid y^. B. lately in the court of our said lord the king before the king himself at Wesltnimter, by bill m ithout the writ of our said lord the king, and by the judgn\ent of the same court, recovered against C. D. — — /. for his da- mages which he had sustained, as well on occasion of the not performing certain promises arnl under- takings, then lately made by the said CD. to the said y/. B. as for his costs and charges by him about his suit in that behalf expended ; whereof the said C. 1). hath been convicted, as appears of record in the said court of the said lord the king before the king himself at lVestminster\ and whereas the said C. J), hath brought a writ of error upon the judg- ment aforesaid, returnable before the justices of our said lord the king of the Common Bench, and ba- rons of his Exchecjuer of the degree of the coif, in the Exchequer-chamber, on tlie day of in the said year of the reign of our said lord the king ; if therefore the said C. D. shall pro- secute the said writ of error with etlect, and also shall satisfy and pay to the said ^, B. if the said judgment shp-li be affirmed, or the said writ of er- ror be discontinued in his default, or he shall be Yionsuit therein, as well the damages costs and charges aforesaid, ?idjudged upon the said judg- ttient, as also all such costs charges and dampgcs as shall be awarded to the said A. B. for delay of exe- cution bf the said judgment, by the prosecution of the said writ of error ; then this recognizance to be void, or otherwise to be and remain in full force and viirtue. >I10CEEDINC8 IN f.RnOR, 9(c, torcrti. into the court ot Knig s Jiench, within fy i h..- nroru, eijrht days next after notice hereof to be given to "1','/^^)^^^!;,'" him or his attorney, a nonsuit will he entered. iftvut. t.B.y '.* A-''. Clerk of the errors. In the King's Rcncb. ,, , . J. B. 1 Unless the plaintllF in the writ of error cer- (5 21.) V, > tifu's the record, within eiaht days next T^'''"?^'. on C. li. J after notice hereof given to the said plain- Kunj'iMeucJi. ^iiffor his attorney, a nonsuit will be entered. ;/ 1 Clerk of the errors. . • . s •■* - < - t' * The answer of Sir James Mansfield knight, the (§ -22.) chief-justice withm-namcd. ? ;;,.,) v^^ ^^^ 5, ■,•>;? Chief-iustior't rt'tuni, u.'! er- ror from le The record and proceedings of the plaint, <>''>'mHon- whereof mention is within made, follow in these words, to wit; Pitas. Pleas at fVestminster, before Sir James Mans-r field knight and his companions, justices of our lord the king of the bench, of the term of in the year of the reign of our sovereign lord George the Third, by the grace of God of the united kingdom of Great Britain and Ireland king, de- fender of the faith. Roll — . 'i, 1 in full force to wit. C. D. late of , was attac^ied (or summoned) to answer A. B. &c. (here copy the proceedings, as onthe judgmeot-roll). The m I ul 5«6 Cii \ p. XLllI. (5 20.) Thn lik»', on error tVom tliw PnoCEFDINCS IN ERROR, " ' Tfie answer of Edxvard Lord ElUnborough, th'e chicf-jublicc witliin-named. The record and proceedings of the pkint, iMi.uN H«;i.( ii ^vhereof mention is within made, with all thinns to iIm' Ex I hi.- . . . ^utr ciiautber concerninp; the same, 1 certify to the justices and barons within spccitied, at the day and place, within Contained, in a certain schedule to this writ annexed, as within I ain conunandcd. Kllcnborough. '». I Entry of rn/- u'liir brcjr, on a UM-it (iffTrnr bronffht trim in rvddtlwne judi- til u.^aiiiiit the priiic-ipal, qiiam in ad/iidi- CHlionv executi- unis ii^inst Pleas before our lord the king pt JVcsfminsfer , of the term of in the yar of the reign of our sovereign lord George the Third, by the grace of God of the united kingdom of Great Britain and Inland king, defender of the faith. Roll — . to wit. J. B. puts in his place E. F. his at. torney, against C. D, in a plea of trespass on the case (or as the plea is). to wit. C. D. puts in his place G,H. lu& | attorney, (or, C. D. in person,) at the suit of the said A. B. in the plea aforesaid. to wit. Be it remembered, Kc. (here copy I the proceedings, as on the judgment-roll). .Afterwards, to wit, on 1^^: m — next after in this same term, before our lord the king at West- 7H.i»iter^ comes the said E. F. in his proper person ; and {\\t said A. B. in his proper j)ei*son also comes, and freely here in court says, that the said writ of error, by the said E. F. in form aforesaid prosecutc(l, did wrongfully and improvidcntly issue, for this, to wit, that by the writ aforesaid it appears, that the same writ of error was prosecuted by the said E. F. BEFORE ASSIGNMENT. Ml oUi;h, tHt Ucnbovough, je reign of the gvacc of Brilain and oil— . E. F. his at. spass on the AS bail Tor the said C. D, in the plaint aforesaid, as well upon the giving of jud{(inent in the plaint afore- said between the said J. li. and the said C. D. as upon the adjudication of execution on the writ of icirefaciaSy issuing out of the king's court of record of against the said E. F. as bail for the said C. D. in the same plaint ; w hc>rens by tliu law of the land of England, no sxich writ of error, in the nam© and at the suit of the said E.2'\ ougbtto have issued ; and for that reason, the said J. B. prays that the writ ^ of error, by the said E. F. in form aforesaid prose- cuted, may be quashed, avoided and held for no- thing : Whereupon all and singular the premises being seen, and by the court of our said lord the king now here fully understood, and mature dehbcration being thereupon had, it is considered, that the said writ of error, by the said A'./', in form aforesaid . prosecuted, be quashed, avoided and altogether held for nothing. For writs of fc re facias qnare exemiiantm non, pending error, vide ante^ p, 440. - •; , ' 3fn the King's Bench. CD. plaintiff, mnd > in error. A. B. defendant, Chap. XLili. .} Ttule to np> pear to srire far ins, in th© King'tfieiidlu .?«,!• i ti r Rule for judgment on scirejacias quare e.remlionem 'ion. E, F. attorney. la i Mi T 508 Chap. XLIII Rule diminutio th« Exohe- quer-chiimbcr, (§ 27.) • Rule to assign f rrors, in the Kiiig's Bench. . PRCCEEDIKGS IN ERROR, S^C. In the Exchequer-chamber. C. D. ■) Unless the plaintiff in the writ of error aU dges diminution, within eight days next fter notice hereof given to the said plain- tiff or his attorney, a nonsuit will be entered. (§26.) V, ( \^y etoallcdse J D \ „C inution, in '*• -O- J »' ''(■. Clerk of the errors. C. D, and A. B. tp assign errors on record. - ■ Entered. v. (§28.) Ill the Exchequer-chamber. The like, in (^ ]) -y Unless the plaintiff' in the writ of error as» the Exrhe- • I ' yier-chniaber. v. > signs error or errors, within eight diays next X ji. B.} after notice hereof given to the said plain- tiff or his attorney, a nonsuit will be entered. Clerk of the errors. 18^. (§29.) Upon reading the petition of A. B. shewing that Sn'^cnoKs'' in ^^ obtained a judgment ugainst CD, in term the Huuse of last, and that the said C. 1). for delay hath brought his writ of error into this house the of last, but hath not assigned errors thereon ; and prjiying ' that the said \yrit of error may be remitted, to the • end he may have execution thereupon : It is ordered by the lords spiritual and temporal in parliament assembled, that the said C. 1). be, and he is hcrei)y required to assign error thereupon , on or before next, at of the clock in the fonvnoon ; or otlier- wise the said transcript of the said judgment, made on the behalf of the said A. I', shaii be and is hereby vumittcd, to the end he may have execution tliore. upon. error aU lays next lid plain- ;d. the errors, and J. B. F error as. t days nest said plain- red. the errors. 18—. lewmg that ■ term th brought - last, Lud praying ted, to the t is ordered parliament le is hereby before n; orotlier- ;mcnt, made nd is hereby atioa there- upon, of- ASSIGNMENTS, &>'c. £a9 tipon, as if no such writ of. error had been brought Chap, into this house. ,■ XLiil. 5'v . Ckr.ParL *^— - term, in the year of the reign of (^j no.) ^•^ king George the Third. . ^ .^-^-^ ,.»> > AssiKnmentof o *- • infancy in tUa C. D. •^ Afterwards, to wit, on next after '^''■*'"'**"*' V. I in this same term, before our. lord //. li. \ the king at Westminster, comes the said in error. J C.D. by G. II, his attorney, and says that in the record and proceedings aforesaid, and also ill giving the judgment aforesaid, tliere is ma-.- nifest error in this, to wit, tliat he tlie said CD, appeared in the suit aforesaid, by rliis attorney; nevertheless the said C. y^.at^the time of liis said ap- pearance, and also at the time of giving the judg- ment aforesaid, was under the ygeof twenty one years, to wit, of the age of t — - years, and no more, to wit, at ; in which case the said C. J). ought to have been admitted to appear in the court aforesaid, to defend the suit aforesaid, by his guar- dian, and not by his attorney.; therefore in that there is manifest error: And this he the said CD. is ready to verif}', whcr^^ifore he prays that the judg- ment aforesaid, for the error afore uiid, may be re- voked, annulled and altogether held .for nothing, and that he may be restored to all things which he nath lost by occasion of the juuguiy-nt aforesaid, ^V. And hereupon the said J.B. by E.F. his (^ .11.) ^, r 1 ] • 1 Rf'i>licution, of attorney, rrcely here in court comes and f^ii ^ge. says, that by reason of any thing above for error assigned, the judgment afore- said >l il;P '■'r ^'^ i - ill no Chap. XLIH. '* - ASSIGNMENTS, SCc. ' - • ~ said ought not to be revoked, annulled or held fof nothing ; because he says that the said C. D. at the time of his said appearance, to wit, in the term of , and also at the time of giving the judgment aforesaid, was of the full age of twenty one years, to wit, at aforesaid ; and of this he the said A.B. puts himself upon the country, 5Cc. ^<-. (§ 32.) CD. Assignment of and wife coverture in y^ the defeudant, ^ '» »t the time of . -"'-O* bringing th« in error. •Ctiwk I Afterwards, to wit, on • next after in this same term, before our lord the king at Westminster j come CD. and E. his wife, which said E. was and is impleaded in this suit by the name of E. F. in their proper persons, and say that in the record and proceedings aforesaid, and also in giving the judgment aforesaid, there is manifest efrror in this, to wit, that before the day of exhibiting the bill (or, suing out the original writ) of the said A. B. against the said E. by the name o^E. i^.and before the giving of the judgment aforesaid, to wit, on at aforesaid, the said E. intermar- ried with and took to husband the sa'i C D. and that she the said E, at the time of exhibiting the bill (or, suing out the original writ) aforesaid, and also at the time of giving the judgment aforesaid, waff and yet is covert of the said C D. then and yet her hus- band, to wit, ^t— — aforesaid; therefore in that there is manifest error : Atid this they the said C D, and E. his wife are ready to verify, wherefore they pray that the judgment aforesaid, for the error aforesaid, may be revoked, annulled and altogether held for nothing, and that they may be restored to all things which they have lost by occasion of the judgment aforesaid^ id:, A. B. ON ERROR IN FACT. ^11 id or TieW fof id C. D. at the ill the term of ; the judgment ir.ty one years, te the said ^.5. .r< ^<^' next after before our lord rr, come CD. laid E. was and by the name of say that in the id also in giving anifest error in [f exhibiting the fit) of the said me of ^.-F. and iforesaid, to wit, lid ^.intermar- dC. A and that ting the bill (or, said, and also at oresaid, was and and vet her hus- hercfore in that ley the said C.I), , wherefore they d, for the error id and altogether ly be restored to occasion of the I And hereupon the said A.B. by JS. F. \m Chap. attorney, freely herein court comes and XLllI. says, that by reason of any thing above (^ 33.) >for error assigned, the judgment afort- thereto* "** said ought not to be revoked, annulled or held for nothing ; because he says that the said E. at the time of exhibiting the bill (or, suing out the original writ) aforesaid, was not nor is covert of the said C. D. in manner and form as the said C. D. and E. have above alledged ; and of this he the said A. B, puts himself upon the country, ^tr. r^ • ; *- a* ,*!.>' Ji?'^ CD. V. >. ■'•i.: r ■^Afterwards, to wit, on next after (W^) in this same term, before our lord Assignmept of > . ^ . the (iL":if.li of I the king at Westminster^ comes the said th fest error in this, to wit, tliat by the record afore- said it appear?, that the jc;Mgment aforesaid, in form aforesaid given, was given for the said^. B, as well against the said E. F. as against the said C. 1). when in truth and in fact tlie said £. F. in the plea afore- said named, before the trial of the issue joined in the record aforesaid, between the parties aforesaid, and before the giving of the judgment aforesaid, to wit, on at died j therefore in that there is manifest error: And this he the said C* JD. is ready to verify, wherefore ha prays that the judgment aforesaid, for the error aforesaid, may be revoked, annulled and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the judgment aforesaid, ATc. i:'-. . A. B ats. C. R in errcf 1 'J Vnd the said A. B. by E. F^ his attorney, comes and says, that by reason of any thing above for error assigned, the judg- ment aforesaid ought not to be revoked, aiinuiied or held for nothing; because he' says that . fl>e IN THE king's bench 513 ■ the last y be be- on y laid, and s granted tiext aft'?!' e our lovl es the saud" , and says esaid, and ;re is mani- cord afore- iid,inform ^^, as well C. D. when plea afore- e joined in es aforesaid, foresaid, to that there is D. is ready le judgment be revoked, rig, and that he hath lost ihe said E. F. in the plea aforesaid named, is yet Cha1», living and in r-all life, to wit, at ; without this ^^ "^* that he the said E. F. before the trial of the issue aforesaid, joined in the said record between the par- ties aforesaid, died, in manner and form as tiie said C. D. hath above alledged: And this he the said a4. p. is ready to verify, wherefore he pr:.ys that the judgment aforesaid may be in all things af- firmed, y^c. / "• ' ? ■ , . ''- ' ' ' - ' . '■>.• '' ' I And the said C. D. as before says, that (§ 37.') the said E. F. before the trial of the RcJ^inde"-- issue aforesaid, joined in the said record between the parties aforesaid, died, in manner and form as he the said C. D. hath above alledged ; and this he the said C. D. prays may be inquired of by the country, &V. II.- '■>i term, in the year of the reign of (§ 33,) Assignment of , . general errors, m this same i„ the King's Bench. A.B. In error king George the Tliird. CD. ■> Afterwards, to wit, on — ^'' I term, before our lord the king at West- r minster J comes the said C. D. by G. 1.. J his attoi'ney, and sav^ that in tlie re- cord and proceedings aforesaid, and also in giving the judgment aforesaid, there is manifest error iri this, to wit, that the declaration aforesaid, and the matters tlierein contained, are not sufficient iri law tor the said A. B. to have or maintain his aforesaid uction thereof against the said C. D. ; there is also f^rror in this, to wit, that by the record afore.aid ii appears, that the judp-ment aforesaid, in form '.iforesaid given, was given for the said A. B. against L 1 the u '!. I i ■': the want of nn original writ 514 * ASSIGNMENTS OF ERROR, S(c. .; , Chap. th» said C. J), whereas by the law of the land, the XLIII. said judgment ought to have been given for the said C. I), against the said ^. B. And the said C. D. prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and pro- ceedings aforesaid, may be reversed, annulled and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, 3Cc. (§ 39.) C, /). "N Afterwards, te wit, on — ■ — in this sama / iKninent of v. / ^erm, before our lord the king "t WesU in error. 1 ''"''*'^''» comes the said C. 2). by G. H. , ^ his attorney, and says that in the re- cord and proceedings aforesaid, and also in giving the judgment aforesaid, there is manifest error in this, to wit, that the declaration aforesaid, and the matters therein contained, are not sufficient in law for the said A. B. to have or maintain his .aforesaid action thereof against the said C. D. ; there is also error in tliis, to wit, that by the record aforesaid it appears,, that the said C» D. was attached to answer to the said A. B. in the plea aforesaid, yet no ori- ginal writ between the parties aforesaid, in the plea aforesaid, is filed or remaining of record, in the said court of our said.lord the king of the bench at IVest- ffiinster aforesaid ; therefore in that there is manifest error ; there is also error in this, to wit, that by the record aforesaid it appears, that the judgment aforesaid, in form aforesaid given, was given for the said A. B. against the said C. D. wliereas by the law of the land, the said judgment ought to have been given for the said C. 1). against the said A. B. And the said C. D. prays a writ of our said lord the king, '*». ,i!i tK THE king's bench. 515 king, to be directed to the custos hrevium of the said court of the bench at Westminster, to certify to our said lord the king the truth of the same; and it is granted to him, £Cc. And the said C. D. prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and proceedings afore- said, may be reversed, annulled and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, fi(c. ;^ . -^ '. ; — - to wih Certi&rari to certify an original writ, between A. B. plaintiff and C. D. late of defendant, returnable without delay. >. C. H. attorney. ■■ '■ : ■' —18-. Chap. XLIII. \ 1 (5*0.) , Prrfcjp* forcer- tioraH, to cer- tify an Original writ. George the Third , ( 5Cc. ) To our right trusty and well-beloved holding the office of keeper of the writs, rolls and records of our court of the I bench, greeting : We being willing for certain [causes to be certified, whether any original writ between A. B. and C. D. late of in a plea of jtrespass on the cuse (or as the plea is), be filed in lyouv custody, of term in the year of lour reign, or not; do command you, that having pearched our original writs directed to the sheriff of and which are filed of record in your custody, 3f the aforesaid term in the year of our Ifo'igUj what you shall find therein of an original mt between the parties aforesaid, of the plea ^foresaid, you certify to us without delay, where- Jever we shall be in England, together with the sturn and indorsement thereof, as fully and en- L 1 2 tirely C§ 41.) 'tiorari. n- \ i • ii ) 9t V 11 I I'' nil 1^1 ll a.16 ASSIGNMENTS OF ERROR, Kc. Chap. tirely as the same remain in your custody, and tlii* XLIII. writ. Witness Edward Lord EUenbormghy (&.c.) (§42.) Rule to return tertiorari. B. and D, to return the writ of certiorar;i. Entered. (^43.) I?f tiir.n fliere- to, tliat, tliere is- an original writ. The answer of holding the office of keeper of the writs, rolls and records within-named. By virtue of this writ to us directed, we do herehy certify to our lord the king, that having searched tlie original writs directed to the sheriff of ■ which are filed of record in our custody, of term in the year of the reign of our said lord tlie king, wc find that there is an original writ be- tween the parties within-named, in a plea of tres- pass on the case (or as the plea is), directed to the sheriff of filed of record in our custody, of the term aforesaid ; the tenor of which said origi- nal writ, together with the return and indorsement thereof, as fully, and entirely as the same remain in our custody, we do hereby certify to our said lord the king, as appears by the schedule hereunto an- nexed and as we are within-commanded. (Here follows a copy of the original writ, with the sheriff's return, &Cc. indorsed thereon. ) (i,.^4.) Afterwards, to wit, on in this same term, Assifcrinieri! of before our lord the kiner at W€stviinstei\ comes the the \vant of ;i _ y ' warrant of at- said C. D\ by G.Il. his attorney, and says that in the record and proceedings aforesaid, and also in giving the judgment aforesaid, tliere is manifest er- ' ' m THE king's bench. ■ ror in this, to wit, that the declaration aforesaid, and the matters therein containcd^are not sufficient in law for the said y/. B. to have or maintain his aforesaid action thereof against the said C. D. ; there is also error in this, to wit, tliat by the record aforesaid it appears, that the judgment aforesaid, in form aforesaid given, was given for the said A, B. against the i .id C. D. whereas by the law of the land, the said judgment ought to have been given for the said C. D. against the said A. B. ; there is also error in this, to wit, that by the record afore- said it appears, that the said A.B. appeared by E.F, his attorney, against the said C. J), in the plea aforesaid ; nevertheless there is no warrant of attor- ney tiled or remaining of record, in the said court of our said lord the king of the bench at IVestminstey^y between the parties aforesaid, in the plea aforesaid, to Warrant the said E. F. to be attorney for the said A. B. against the said C. D. in the plea aforesaid J therefore in that there is manifest error : And the* said C. D. prays a writ of our said lord the king, to be directed to the chief-justice of the said court of the bench, to certify to our said lord the king the truth of the same; and it is granted to him, &f. And the said C. D. prays tiiat the judgment afore- said, for the errors aforesaid, and other errors in the record and proceedings aforesaid, may be re- versed, annulled and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, i^c. • » ■' , - . - ■>:!.- 517 Chap. XUII. '! I'l' ■ i Nlfl L 1 3 to i,i' !■ tt 513 Chap, XLIII. '(4 45. Praecipe for eer~ tiotari, to cp.r- tify warrant of •ttorn«.-y. (§46.) Certiorari, (M7.) Keturn tlit-re-. to, that there is no warrant of attorney. ASSIGNMENTS OF KRROR. SCc. • to wit. Certiorari to certify warrant of at» torney, for^. B. plaintiff against CD. Utc of — r~ defendant, returnable without delay. G. II. attorney, . 18—. George the Third, (SCc.) To onr right trusty ancj well-beloved Sir James Mansfield knight, our chief, justice of the bench, greeting: We being willing for certain causes to be certified, whether ^.^.mad? j&. Z'. gentleman his attorney of record, against C.Z). Jate of of a plea of trespass on the case (or as the plea is), before you and your companions, our justices of the bench aforesaid, of the term of in the year of our reign, or not ; do comman4 you, that having searched the rolls and othe^ me- morandums of wan ants of attorney, for the county of r being in your custody of record, of the aforesaid term of in the year of our reign aforesaid, what you shall find therein concerning the said warrant of attorney, between the parties aforesaid of the plea aforesaid, you certify to us without dela)"^, wheresoever we shall be in England^ as fully and entirely as the same remains in youy custody, together with this writ. Witness Edward \aOxd Elknboroughj (&tC.) The answer of Sir James Mansfield knight, th^ 9hief-ju8tice within-named. ■ .' . . ' I. - . •-, I certify to our lord the king, that having searched the rolls and other memorandums of warrants of attorney, for the county of , of the term and year within written, being in my custody; I have not found in the same, any warrant of attorney be- tween IN THE kino's BENCK. 5X9 tw'ften the within-named J. B. and C. D. of the plea Chap. within-mentioned. XLllI. George the Third, (&^c-.) To the sheriff of ■ ^rJ),!?./ greeting: Because in the record and proceedings, audiendimer. and also in the giving of judgment, in a plaint which from'the Com- was in our court before Sir James Mansfield knight ™°" ''*•'"• and his companions, our justices of the bench, by our writ, between A. B. plaintiff and C. D. late of defendant, of a plea of trespass on the case ^ • (or as the plea is), as it is said, manifest error hath "•■■ intervened, to the great damage of the said CD. as by his complaint wo are informed; the record and " ' - proceedings of which said judgment we have lately caused to be brpught before us, for certain causes «• of error; and the said C. D. h^th duly assigned] er- rors of record upon the judgment aforesaid: And we being willing that the error, if any there be, should in due manner be corrected, and full and speedy justice done to the parties aforesaid, as is just, command you, that by good and lawful men of your bailiwick, ypu make known to the said A. B. that he be before us, on wheresoever we shall then be in Enghmd, to hear the record and proceed- ings aforesaid, if it shall seem expedient for the said CD.; and further to do and receive wh.at our said court before us shall consider of the said A. B. in this behalf; and have there the names of those by whom you shall so make known to Jiim, and this writ. Witness Edward Lord Ellenboroiigh^ (&c.) George the Third, (5Cc.) To the sheriff of • (5 49.) greeting: Whereas lately in our court before Sir T|>eiii>. late of then deceased, as well of a certain dt:ht of /. as of /. which in our said court of the bench aforesaid, were adjudged to the said y/. B. against the said C. D. for his damages whicli he had sustained, on occasion of the detaining of that debt ; whereof the said A\ F. and (r.IJ. on our writ of scire facias, issuing against the tenants of the lands and tenements of the said C. D. on the judgment aforesaid, are convicted : And because in the adju- dication of the execution aforesaid, manifest error hath intervened in the record and proceedings of that adjudication, to the great damage of the said E.F. and G. //.as by their complaint we are in- formed ; the record of which said judgment and writ of .vtV/r/acwi", for certain causes of error, wc lately caused to be brought before us, as appears to us of record : Therefore we command you, that by good and lawful men of your bailiwick, you make known to the said A. li. that he be before us, on wheresoever we shall then be in England, to hear the record and proceedings aforesaid, if it shall seem expedient for the said E. F. and G. II. ; and further to do and receive, ike, (as before, p. 519.) (§ 50.) Qeorge the Third, {isc.) To the sheriff of The like, on crreetinff : Because in the record and proceedings, error from an ° " _ ' _ ~ inferior court, and also in the giving of judgment, in a plaint lately levied in our court of before the judges of the same court, between j1. B. and CD. of a plea ol" trespass on the case (or as the plea is), manifest error hath intervened, to the great damage of tlic said IN THE kino's bench. 6M sail! C. D. as by his complaint we lire infunntnl ; iviiiclisaid record and proccrtliiij^s \vc have lor cer- tain reasons, caused to come in our court bi'fore us; and the said CD, hath duly usaigned errors of re- cord upon the judiriTicnt at«)resaid: And we being willing, iic. (as before, p. 519.) Georgn the Third, (&V.) To the sherifT of XUM. (PI.) i» i'.kt i:;reetinc: : Whereas ,,1. U. lately in our coui-r licfore ' '" '''^'■■' "* ~ ~ J eri'or to re- US, impleaded C.J), late of in a plea that vciio&j, out- wnereus, «<-. ^recitnig the orif^uial wnt,) to the da- Kiiiu'«BeucJ». niageof the said J. J), of /. as it is si\i'! ; and rhc said C. D. because he did not come before us, to answer to the said J. li. in the sanr." plea, was put in exi<};enf, and in your county court (or in the hus tings of pleas of land, holdcn in the Guildhall of tie city of Loiidon) on that occasion was afterwards out- lawed ; as by the record and proceedings thereof, renuiiinng in cur said court before us, manifcsriy appears: And because on behalf of the said C'.J). as we are informed, numifest error hath intervened ill the record and proceedings aforesaiti, and almoin the pronouncing' of tlie outlawry aforesaid ; and thereupon the sjaid C.I), hath prosecuted our writ of error, directed to our justices as ;ned to hold pleas in our coutt before us, conmianiu ig them that tlie record and proceedings aforesaid being inspec- ted, the}' cause t.o be further doie thereupon, for the annulling of the outlawry aforesaid, what of right and according to the law and custom of J'Jig- liinil, ought to be done in the premises; and the said C. J), hath thereupon duly assigned his errors of record, as by the inspection thereof likewise appears to us : Therefore we couunaiul you, that by good and '• » ■■I hi- l'h fin 1 1 1 J Chap. JvLIII. (§32.) The like, on prvoT to re- verse a , •., , . ...,.,. 1?23 Chap. XUIJ. And hereupon afterwards, to wit, on „ . . .Toiiitleriii er- next after ni term, in ror, in fhe Kiug's Benct). the year of the reign of our said ^^? jn error. lord the king, the said A. B. by E. F. his attorney, freely comes here into court, and says that there is no error either in the record and pro- ceedings aforesaid, or in giving the judgment afore- said ; and he prays that the court of our ?aid lord the king now here, may proceed to examine as well the record and proceedings aforesaid, as the matters aforesaid above assigned for error, and that the judg- ment aforesaid, in form aforesaid given, may be in all things affirmed, i^c. But because, (SCc.) A.B. ats. CD. "^ Whereupon next after f same term, is given by the court of our in this (§ 54.) The like, after a rule given to ( said lord the king now here, to return return the tv \ ^ 111- tiornri, with ao m error. ^ to the court of our said lord the king, entry of «o/i ihe several writs ot certiorari above prayed ; the same day is given to the said A. B. there, &(c. And the said chief-justice of our said lord the king of the bench aforesaid, and the said custos brevium of the same court, at that day did not return the said writs, nor did they do any thing thereon; And hereupon the said A.B. comes voluntarily into court, by his atforney, and says that there is not any error either in the record and proceedings aforesaid, or in giving the sai4 judgment; and he prajs that the said ■i I f ■ (■ m 524 CflAP. Xllll. (5 5.'"'.) Plf'n of release mt'iicvois. ASSIGNMENTS OF EnKOR, &C. said court of our said lord the king here, may pro. cecd to examine as well tlie record and proceedings aforesaid, as the said matters above assigned for error, and that the judgment aforesaid may be in all things alfirmed, &'f. But because, (ikV.) And the said y/. B. by E. F. his attorney, comes and says that the said C. D. ought not further to prosecute or maintain his writ of error aforesaid, against him the said A. B, because he says that after the judgment aforesaid, in form aforesaid recovered, and before the day of suing out. the said writ of error, to wit, on at he the said C. D. by the name of m error by his certain writing of release, sealed with the seal of him the said C. D. and to the court of our said lord the king now here shown, the date whereof is the same day and year aforesaid, did re- mise, release and for ever quit claim to the &aid yl. B. by the name of his heirs, executors and administrators, all and all manner of error and er- rors, writ and writs of error, and all benefits and advantages of the same, and all misprisions of error and errors, defects and imperfections whatsoever, had, made, committed, omitted, done or suffered in about touching or concerning the judgment afore- said, obtained against him the said C.J), by the said J. B. in tlie said term then last past, in the said court of our said lord the king of Common Hcnch at JVcsiminster, for /. of debt, besides rosts of suit, or in about touching or concerning any warrant, process, original, declaration, plea, entry or other proceeding wliatsoever, of or in any manner concerning, the same judginonti; as by the. ' said I • IN. THE EXCHEQUER-CHAMBER. 52 said writing of release more fully appears: And Chav. this he the said A. B. is ready to verify, wherefore XLIfl. he praysjudgmentif thcsaid CD. ought further to prosecute or maintain his writ of error aforesaid against him the said A. B. &c. CD. *^ ^"^ thcsaid C D. says that he, by rea- (§ -^^'-^ V. (^ son oi any thing by the said J. B. in thereto, •^- B. ( his said plea above alledged, ought not in error. ^ to be barred from further prosecuting and maintaining his writ of error aforesaid, against thcsaid A. B, on the judgment aforesaid; because ]ie says that the said writing of release by him tlic said A. B. in manner and form aforesaid above pleaded in bar of the errors aforesaid, by the said C D. above assigned, is not the deed of him the said CD. And this he the said C D. prays may be inquired of by the country, &'t'. Sf! vf'^ li ■ ''< f \ (J j)^ \ Afterwards, to wit, on the — v. r in this same term, before the jus- ^^'"-";"''"^"^ _ ' ■> gciici III errors. djiy of (^N iV.) Assin'iiiiu'iit of ^' "' ( tices of our lord the king of the Rcnch, in tiic K\<\h inei'ror.^ and the barons of the Exchequer of our '^ ^ ' said lord the king of the degree of the coif, in tlic Kxchequcr-chandK^r at Westminster, coities the said CD. by G. If. his attorney, and^ says that in the record and pi-oceedings aforesaid, and also in giving the judgment afcnvsaid, there is manifest error, Kc. -(as before, p. .'iiS, 14.) C D. 526 ASSIGNMENTS OF ERROR, &C. Chap. XLIII. (§ 58.) The like, on a judgment re- vived by*aVfc facias. m^ t (^ ]) "^ Afterwards, to wit, on the — — day of V. f in this same term, before the jus- A. B. r tices of our lord the king of the Bench, in error. ^ and the barons of the Exchequer of our said lord the king of the degree of the coif, in the rxchequer-chamberat Westminster y comes the said C. D. by G. H. his attorney, and says that in the record and proceedings aforesaid, and also in giving the judgment and award of execution aforesaid there is manifest error in this, to wit, that there is not any such record of tlie supposed recovery against him the said C. D. at the suit of the said A. B. re- maining in the said court of our said lord the king before the king himself atlVestminster aforesaid, as the said A. B. hath above in that behalf alledged ; therefore in that there is manifest error ; there is also error in this, to wit, that by the record afore- said it appears, that execution was adjudge;d to the said A. B. of the damages in the said writs of scire yi/tm mentioned, according to the form and effect of thesaid supposed recovery therein also mentioned, although no such recovery was had by the said.^. B^ against the said C. D. therefore in that there is ma- nifest error: And the said C. D. prays that the judg- ment and award of execution aforesaid, in form aforesaid given and made, for the above and other errors in therecord and proceedings aforesaid, may be reversed, annulled and altogether held for no- thing, and that he the said C. D. may be restored to all things which he liafh lost by occasion of the said judgment and award of execution, and that the said A. B. may rejoin to the said errors, ^f. 'i I CD, t^v. IN THE EXCHEQUER-CHAMBER. $ii — day of e the jus- le Bench, iier of our* )if, in the es the said ;hat in the » in giving aforesaid at there is 2ry against J. B. re- rd the Icing oresaid, as F alledged ; ,r ; there is •ord afore- gc;d to the rits of scire and effect mentioned, said/i.i?- lere is ma- thejudg- , in form e and other resaid , may eld for no- be restored asion of the and that ors, if>c. Ci D* ^Afterwards, to wit, on the — f in this same term, before the jus- day of V. Chap. _.„.^ ^_ XLIIL A. B. r tiggs of Qur lord the kiiitg of the Bench, ^^ ^^-^ in error. ^ ^^^ ^^^ barons of the Exchequer of our tiie want of a said lord the king of the degree of the coif, in the l^l'.^/X" Exchequer-chamber at JVestminster, comes the said ney. C.J), by G. II. his attorney, and says tliat in the ." "' record and proceedings aforesaid, and also in giving the judgment aforesaid, there is manifest error in this, to wit, that there is no bill filed and remain- ; in«' of record in the court of our said lord tlie king ' ^ before the king himself, to warrant or support the judgment or proceedings aforesaid ; therefore in tliat there is nvanifest error; there is also eaor in this, to wit, tl>at by the record aforesaid it appears, that the said A. B. appeared by E. F. his attorney, against the said C. D. in the plea aforesaid ; nevertheless ' there is no warrant of attorney, filed and remaining of record in the said court of our said lord the king before the king himself, to warrant such appearance of the said A. B. therefore in that there is manifest [error-, there is also error in this, to wit, that aie declaration afo?:esaid, and the matters therein con- tained, are not sufficient in law, i^c. (assi,<2^ning tlie • " Icommon errors as before, p. 513, 14.): Whereupon IthesaidC D. prayshis majesty's writ of certm^iri.to [be directed to his said majesty's chief-justice of the ' said court of our said lord the kinsj before the kins' liiniself, to certify more fully t!io truth of the pre- ■ jnises, to the justices and barons aforesaid ; and it is m-anted to liim, isc. And the said C. D. also ■ prays that the judgment aforesaid, inform aforesaid ^iven, for the err )rs aforesaid, and other errors in the record and proceedings aforesaid, may be ra- verso J > !« %#t*K^"1r%).;£# 52S ASSIOUMEMTS OF ERROR, &Cf. Chap. versed, annulled anrl altogether held for nothing-, XLIII. and that he the said C. D. may be restored to all things which he hath lost *jy occasion of the said judgment, and that the .^aid r/, B. may rejoin to these errors, ^f. (§ 60.) George C^a Third, {i/iCi) To our right tru?>ty and CertioraniorA ^ t^U.belovtd /^rfwo/a' I rd EUtnborough, our chief. bill, to f h« ^ ° ' «hief-justioeof jubtice assign>:;d to hold pleas in our court before us, the lvth"'» . _,, , , .,,. I, , iicucii. greeting: Wc bgiiig wil'ing tor ceitau> .auses to be certihed, wliether there be aity bill i^led against C, D. at the suit of A. >?. in c. plea o: trespass on the I case (or as the plea i^), before you of record, or not; do command you, thcit having searched the files and other remembrances of the bills of the county of , of the term of in the year of our reign, which are filec' of record in your custody, wliat you shall find therein of the said bill between the parties aforesaid, oftlic plea aforesaid, you do certify without delay to our justices of the Common Kench and the barons of our Exchequer, in our court of Exchequer-chamber at IVestminster, together with this writ. Witness Sir James Mansfield knight, (§61.) Return of a Tlie answer of Ed-ward Eord EUaiborough^ tlic chief-justice within-named. Having searched the files and other remembrance. of the bills of the county of , of the term of in the year of the reign of our said lord the king, affiled of record in my custody; I there find a certain bill of the same term, between the parties within mentioned, of the plea within speci- fied ; the teuor of which said bill is set forth in a certain m THE EXCHEaUETt-CHAMBER. / / 529 certain schedule to this writ annexed : And this I Chap. certify to his said majesty^s justices of the Common XLIII, Bench, and barons of the Exchequer within-written, as i am within commanded. - - ' • '■ Elhnborough. C?W-i,; is no hill or wnrraiit ot";it- 1(>nu'y, (>^or>.) The answer of Edivard Lord Ellenborough, the Rctmn tiure- chicf-iusticc witliiu-nauied. to, Hint there *^ Having searched the fdes of bills of the county of , of term within-written, being in my custody of record, 1 find no bill filed of record be- twt'vMi tlie parties within-written, of the plea within specified : Having also searched the rolls and other nienioraudiuns of warrants of attorney of the same. term, Iwing likewise in my custody of record, I there find no warrant of attorney filed ofi'ecord, between the parties within-written : And this I certify to his said majesty's justices of the Common Bench I and barons of the Exchequer within-written, as l| am within commanded. ;-.-.vH; Ellenborougl Joiiulcr ill er- ror, ill the r,x- ohL'<|Uir- t lumber. And hereupon the said yJ. B. by — his attorney , freely comes before the jus- 1 tices of our said lord the king of the Bench, and the barons of the Exchequei of our said lord the king of the degree of the coif,j in the Exchequer-chamber at Westminster aforesaid, and says that there is not any error in the reconlj and proceedings aforesaid, or in giving the judgj meat aforesaid ; and ho prays that the said court! u: . of IN THE HOUSE OF LORDS. of Exchequer-chamber of our said lord the king here, may proceed to examine as well the record and proceedings aforesaid, as the matter afore- said above assigned for error, and that the judgment aforesaid, in form aforesaid given, may be in all things affirmed, i(c. But becans- , {S(c.) • Af^v It' ''; Mtt , ••■. , r .• ■!? ^ijin.-jfJli. fi. hn C'llAl'. XUII. i,r, uf-ii " U1 i , (5 6.5.) (^ D '^ Afterwards, that is to say, on the v. I day of ^ in the year of the As-xignment of f n \- ■ general errors, //. li. r reign of our sovereign lord Gcors>c the iuthu Hou,se«f 'J TJjird, king of the united kingdom of Gi'eat Britain and Ireland, &c. before our said lord the king and the peers of tliis realm, in this present parliament at Westminster in the county of Middlesex assembled, comes the said C. D. by G. II. his attorney, and says that in the record and proceedings aforesaid, and also in giving the judg- ment aforesaid, tljere is manifest error, ^c. (as before, p. 513, 14..) ■ .,, .;.,. ,, ^^.. .!il> H Afterwards, that is to say, on the — — day of (^ 66.") in the year of the reign of our sovereion '''Jl^''''"^' aft" lord George the Third, king of the united kingdom *''« Exche- ,. . , r» • • 1 r I I r. 1 ^ -111 qucr-chamber. or Great Jorifainsind I reland, &c. before our said lord the king and the peers of this realm, in this present par- liament at Westminster in the county of Middlesex assembled, comes the said CD. by G. H. his at- torney, and says that in the record and proceed- ings aforesaid, and also in giving and affirming the judgment aforesaid, there is manifest error in this, to wit, that by the record aforesaid it ap- pears, that the judgment aforesaid given by the said M m 2 court V \ J, V 532 i, Chap. XLIII. ASSIGNMENTS OF EHROR, &.C:. court of our said lord the king before the king him- self at IH^estmvistcr aforesaid, was given for the said j4. B. against the said C. J), whereas by the law of the land, the said judgment ought to have been given for tl»c said C. D. against the said /I, B. therefore in that there is manifest error ; there is also error in affirming the said judgment, because he says that the judgment aforesaid was affirmed in the court of our lord the kino of Exchequer-chamber at JVest. minster jhcf ore the justices pftheCommon Bcnchand the barons of the said Exchequer; whereas no such affirmance of the said judgment ought to have been given thereupon, but by the law of the land the said judgment ought to have been reversed; therefore in that there is man i fust error : And the said C. D. prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and pro- ceedings aforesaid, may be reversed, annulled and altogether held for nothing, and that he may be restored to ?.d things which he hath lost by occasion of the said judgment, and the affirmance thereof as aforesaid, and that the said A. errors above assigned , i^c. may rej( (§ 67.) Joind«?rin er- ror, in the House of Lords. And the said A. B. by, his attorney, comes and savs, that there is no error either in the record and proceedings aforesaid, or in giving the judgment aforesaid ; and he prays that the court of our lord the king in his parliament here, may proceed to examine as well the record and proceedings aforesaid, as the matters aforesaid above assigned for error, and that the judgment aforesaid may be in all things affirmed, &'f. But because the court of our said lord the king in his ;• ; mUES IKROK. 53S his parliatnentaforcsaitl,isnotyct advised what judg- ment to give of and concerning the premises, a day is therefore given to the said parties here, until ■ ■ • wheresoever, ^f. to hear their judgment thereon; for that the court of our said lord the king in his parliament aforesaid, is not yet advised thereof, fiCf. Chap. XLIII. -?i» (After copying the judgrnent-roll in the original (5 C£.) action, proceed on a new line as follows:) l>»ue, oaeuoi ' *^ toium iwbii. Afterwards, to wit, on next after , in \ ^ . the year of the reign of our sovereign lord Georgethe Third, now king of the united kingdom of Great Britain and Irelundy &c. before our said lord the king at Westminster, comes the said C. D, in his proper person, (or by — — his attorney; or if he be an infant, by G. H. his guardian, by the court of our said lord the king hereunto spe» cially admitted,) and brings into the court of our said lord the king now here, a certain writ of our said lord the king, for correcting error of and upon the premises aforesaid ; which said record and proceedings now remain in the said court of our said lord the king before the king himself here ; and he prays that the said writ may be allowed, and it isaU lowed him, by the sam^ court here, Kc. which sai ' writ follows in these words, to wit: George: the Third, ike. (here copy the writ of error, and nrc- ceed with the assignment of errors as follows) . Whereupon the said C. D. says that in the recoiu and proceedings aforesaid, and also in giving the I judgment aforesaid, there is manifest error, £Cc-. (to [the end of the pleadings, beginning each with a new M m 3 line, ' t i \ I 53-1 xuir. Th^ltkc, on t:iW»,' in law, ill tin- K'lig'i iSsUES IN ERUn.V line, and concludf by hi/l, with the follrwinj^ award oi' venire facias) : Therefore let a jury thereupon come before our lord the king nt Westminster, on — ; — next after , by whom, &"c. and who neither, &*c. to recognize, Uc. because us well, iK'c. the same day is given to the parties aforesaid, at the same place. {Ov hy original t it is commanded to tiie she. riff of , SCc. as before, p. 189.) ler « •, term, (the term the transcript was brought in,) in the year of the reign '« r *• of king George the 'I'huxl. Fnglandy to wit. Our lord the king hath sent to his right trusty and well-helovcd Sir James Matu-. feld knight, his chief-justice of the bench, his writ close in these words, to wit: George t\\c Third, &V. (here copy the writ of error and return, with the proceedings in the original action, as in the transcript, and proceed on a new line as follows) : ' Afterwards, to wit, on next after in this same term, before our lord the king at IVestmin. sfer, contcs the said C. J), by G, II. his attorney, "ind siiys that in the record and proceedings aforesaid, and also in giving the judgment aforesaid, there is manifest error, S(c. (here copy the assignment of errors, and joinder in error, and concliule with a continuance by curia advisari vult as follows) : But because the court of our said lord the king now here, are not yet advised wliat judgment to give of and upon the premises, a day is therefore given to the parties'aforesaid, before our said lord the king, until — ^^ — wheresoever our said lord the king shall then be in £ngland, to hear the judgment aforesaid; '.■■•'. •■•.,•■ fori ISSUES IK KRROR. 539 u for that the court of our said lord the king now Chap. hero is not yet advised thereof, isc. , ^ ^ Ji\A\U (As in the last, to the end of the transcript, and (% to.) then as follows:) .,,„., ,:., i:..:j. ..... llU'J'^'''' ^^' Afterwards, to wit, on ne\t after in '/'""""f"''- ' ' _ neri nun. this same term, before our lord the kin<4; at fVestmin- ster, comes the said yJ. U: by his attorney aforesaid, and says that execution of the said judgment still remains to be made to him ; therefore he prays the writ of our said lord the king, to. be directed to the shcrirt'of the county of aforesaid, tliat he make Icnown, &V. (as in the entry of a mjii-pros in the King's Bench, for not assigning errors, after a scire facias quare executionem mm, for wliich vide post, p. 5+4, &c, to the day given by the rule for the plain- tiff to assign errors, and then as follov\s): At which day, before* our said lord the kini^ at Westminster^ comes the said A. li. by his attorney aforesaid ; and the said CD. being solemnly called, also comes by his attorney, and says that in tlie record and proceedings aforesaid, and also in giving the judg- ment aforesaid, there is manifest error, isc. (here copy the assignment of errors and joinder, and con- clude with a continuance by curia advisari vult, us in the last.) i ,, ■ '. : ■ >\\f'\ .-■: '"■;•■ ■- :r ".-/'' , ,,' (As before, p. 534. to the end of theassignm^^^tof (5 "i) errors, and then as follows : ) « « •■ The iik<;, after Which said writ of certiorari so prayed and j^"'|I..f,ft'5,''|,^ granted, fdllows irt these words, to wit: Gtorgei\\Q oiiiiuai uiit. Third, 8(V. (here copy the writ o( certiorari, and proceed as follows): Which said keeper of the writs rolls and records returned and ceiltitied to our said IM m 4 lord it •■ ■,„ . ■ ■ t !>^', ,. ill. "r i'« < fr<> . ■« If) t'l :4t . -I- ** ii .-."i' ^ Chap, XLIII. The like, after 536 WSUE8 IN ERROK. lord the king, that having searched the original writs, &V. (here recite the return, as before, p. 516.): And which said schedule, so annexed to the said writ of certiorari^ follows in these words, to wit : George the Tiiird, SCc. (here copy the schedule) : Which said writ of certiorari^ togetlier with the re- turn of the same, is filed among the records without day, of term aforesaid. And hereupon after- wards, to wit, on in term, in the year of the reign of our said lord the king, the said y/. B. by E. F. his attorney, freely comes here into court, and says that there is no error, SCc. (here copy the joinder in error, and conclude with a con- tinuance hy curia advisarivult, as before,p. 534, 5.) Which said writ of certiorari so prayed and granted, follows in these words, to wit : George ^rror assigned the Third, S(c. (here copy the writ of certiorari, and warrautjfat- proceed a& follows): Which said chief-justice of r"«y« tj^g bench aforesaid returned and certified to our , said lord the king, that by virtue of the said writ of certiorari ^ he had searched, 5Ctf. (here recite the re- . turn, and copy the schedule, £Cc. as in the last). (PS*) (As before, p. 534. to these words in the assign- Lv* '■rV-^*^'^ ™^"^ of errors, <' And this he the said C./^. is ready turued, o« a to verify," and then as follows :) Afi'i'ju^tat lid audiendum erro- And the said C. D. prays the writ of our said lord the king, to warn the said A.B, to be before our said lord the king, to hear the record and proceed- ings aforesaid, and the matters aforesaid for error assigned ; and it is granted to him, i^c. by which it is commanded to the sheriff of the county aforesaid, that by good and lawful men of his bailiwick, hn make a o rliorui- on TSSUES IN EUROS, 537 make known to the said A. B. that he be before our Chap. $aid lord the king, on wheresoever our said XLIII, lord the king shall then be in England, to hear the record and proceedings aforesaid, and the matter aforesaid for error assigned, i£, Kc. and further to do and receive what the said court of our said lord the king shall consider of him in this behalf ; the same day is given to the said C. D. &c. : At which day, before our said lord the king at U'estniinstei\ conies the said C. D. by hiS attorney aforesaid , and offers himself against the said^^.^. ; and the sheriflF, to wit, sheriff of the said county, returns that by virtue of the said writ to him directed, he hath by and good, SCf. caused it to be made known to the said A. B. that he be before our said lord the king, at the time in the said writ mentioned, as by the said wiit he was commanded, &c. And the said A. B. being solemnly called, comes by his at- torney ; whereupon the said C: D. as before saith, that in the record and proceedings aforesaid, and also in giving the judgment aforesaid, there is mani- fest error, by alledging the said errors by him in form aforesaid alledged ; and he prays that the judg- ment aforesaid in form aforesaid given, for tlie errors aforesaid, and otiier errors in the record am! pro- ceedings aforesaid, may be reversed, annulled and altogether he!d for nothing, and that he may be re- stored to all things which he hath lost by occasion , • ofthe said judgment, &,V. , . And the slid A.B. by his attorney aforesa:d, comes and says that there is no error, &*c. (here copy the joinder in error, and conclude as before.) (As in the last, to the clay given on the scire fa- (§ '^*) ^m., and then as Mows:) uu^rSvIl^ At turaetl. ( ■ M- 't ' 53.S .ISSUES IK ERROR. Chap, XLIII. At which day, before ouv said lord the king a* Westminster, comes the said C. D. by his attorney aforesaid ; aiid the sheriff, to wit, sheriff of the said county, returns that the said A. B. hath not any thing in his baihvvick, where or by which lie can give him notice, as by that writhe was commanded, neither is the iiaid A. B. fo'' nd in the same ; and the said A.B. doth not come: Therefore as before, it is conimar>ded to the said sheriff of that bv good, ^c. he make known to die said A. B. that he be bcibrc our said lord the king, on (the re- turn of the second AYvVr/rtcwi"), wheresoever our;;aid lord the king shall then be in England, to hear the record and proceedings aforesaid, if, isc. and fur- ther, y^c. the same day is given to the said C. D. S^e. : At which day, before our said lord the king at Westminster aforesaid, comes the said C. D. by his attorney aforesaid ; and the sheriff of the count\ .aforesaid as before returns, that the said A. B. hath not any thing in his bailiwick, where or by which be can make known to him, (SCr.) nor is he found in the same ; and the said A. B. being solemniv called, comes by his attorney; Whereupon the said C. J), as before saitli. Sir. (as in the last), (§ 15.) — r- next after in the ycir of the Rule for con:!- ^pj ^f ],^ George the Third. • • • liu^':, in the >^ on Kiug's Leach. ^ ^ n noxt after is appointed to he. Our sovereign lord tlie king hath sent to his ripht trusty and wcU-bcdoved Edzeard\.ox<\ Ellenborough^ his chief-justice assigned to hold pleas in tiie court of our said lortl the king before the king irnn.-j^lf, his writ close in these words, to wit : George the Third, tsc. (here copy the writ of error and return, with the proceedings in the original action, as :■: tlie tran- script, and proceed as follown): And thereupon comes here into court in the said Exchequer-chamber, tiie said C. /', in his proper person, and prays a day to assign error or errors in tlie record and proceedings aforesaid; whereupon a (lay is given to him b/ the court iiere, to assign er- ror or errors in the record and proceedings aforesaid, until the day of next, &V. i ,,,.,, Pleas in the Exchequer-chamber, Kc. (as before, mutatis mutandis). And thereupon comes here into court, in the saul Exchecjuer-chamber, the said C. D. m his proper person, and prays a further day to assign error or errors B 'r ' I ■>. 5^0 ISSUES IN ERROR. %r i'.f .i: . : I fl^^ .;- ■■M. Chap. XUII. errors in the record and proceedings aforesaid; whereupon a further day is here given him by this court, to assign error or errors in the record and pro- ceedings aforesaid, until the day of , next, &V. ■" ■•'" '■• ■■ '-•'■'' Pleas in the Exchequer-chamber, Ssc. (as before). At which day, comes here into court in the said Kxchequer-chamber. the said C. D. in his proper person, and says that in the record and proceedings aloresaid, and also in giving the judgment aforesaid there is manifest error, He. (here copy the assign- ment of errors). And the said C. D. prays a writ ta be directed to the siierilf of to give notice to tlie said A. B. that he be here, to hear the record and proceedings aforesaid ; and it isgrAntedto him, hkc. Therefore the sheriff is commanded, that by good and lawful men of bis bailiwick, he give no- lice to the said A. B. that he be here, on the day of next, &c. Pleas in the Exchequer-chamber, ^Tf. (as before). At which day, come here into court in the said E-icheqiier-chamber, as well the said C. D. in his proper person, as the said A. B. in his proper per- son; and the sheriff did not send the writ, nor did he do any thing rhcreupon ; therefore the said C. I). as before says, that in the record and proceedings aforesaid, and also in giving the said judgment, there is manifest error, by ailed f^ing the err-x afore- said, by him above for error assigned and alledgcd; and he prays that the said judgment by reason of that error, and other errors in the record and pro- ceedings aforesaid, may be rev-ersed, annulled and altogether held for nothinc, ^- . And i''i nECORD OF NISI PRIUS IN ERROR. And the said J. B. says that there is not any ^tioi* Kc. (here copy the joinder in error). But because the court of our lord the iving here is willing to ad- vise among themselves of and upon the premises, before judgment is given thereupon, a day is given here to the said parties, till the day of next, &'f. •■ ■ 54t W I Cmap. XLIIL Pleas before our lord the Icing at Westminster^ of \t^ 77) the term of in the year of the reign of our Recorri of ««£ sovereign lord George i\\c Third, by the grace of on un issue i"' God of the united kingdom of Gnat Britain and ^'"^^^^ Ireland king, defender of the faith , and in the year of our Lord IS — . * Roll—. - m^. England, to wit. Our lord the king hath sent to his trusty and well-beloved Sir Jnmes Mansfield knight, his chief-justice of the bench, his writ close in these words, to wit : George the Third, S(c. (here copy the writ of error and retiirn, with the proceed- ings in the original action, as in the transcript, atul proceed as follows) : Afterwards, to wit, on next after in this same term, before our lord the king at JVtsiniin- ster, comes the said C. J), by G.II. his attorney, aii<,. says that in the record and [)vocoedings aforesaid ,and a'jo in giving the judgment aforesaid, there is ma- nifest error, &f. (here copy the assignnicht of errors and pleadings thereon, to the end of the issue and j award of veni}^' facias, and procecil with a second \p!acita, &.c. as foilows) : "*■ Pleas before our lord the ki.ig, ^c. (as above). to £43 I* Chap. XLllL , (§-8.) Entry of vorz- p'l/f, ill the Kiiig's Bench. ' JUDGMENTS OP NON-PRO^ to wit. The jury between C, D.hy his at- torney plaintiflfin error, and yJ. B. defendant, of a plea of error in fact, is respited before our lord the king, until wheresoever our said lord the king shall then be in England^ unless the king's right trujty Ui>.l well-bel;)ved /V/r^ar^/ Lord Ellcnborough, his ujajcsty's chief justice assigned to hold pleas in tiie court of our ss/'ii !ord the king before the king himself, shail first come on — — the day of ■ at the (hdldhiitl of tlii' city of London (or at Westminslcr-ludl in the rouuty of Middlesex afore- said), according to the form of the statute in such tase made and provided, for default of the jurors, because none of them did appear : Tiicrefore let the sheriff have the bodies of the said jurors, to make the said jury between the parties aforesaid, of the plea aforesaid, accordingly ; the same day is given to the' said parties, &f. M'V lyi .■. As yet of term, in the year of the reign of king George t[ni Third. Witness • Edward hovA EUenborough.. r ;. Englmul, to wit. C. 1). puts in his place G. H. hi:; attornc ;, to prosecute Ids writ of error against A. B. in a plea of trespass on the case (or as the plea is). Eng/and, to wit. The said A. B. ])uts in his place i E. F. his attorney, at the suit of the said C. 1). oir| the said writ of error, in the plea aforesaid. Engfintd, to wit. Our lord the king hath sent to j his right trusty and well-beloved his chief- justice, (&"(.'.) his writ close in these words, to wit:! C.'torge the Third, S.c. (here co])y the writ of errorl aiidf ; •'■ iN ERROR. ■ ' 1 :. &nd retuvn, with the proceedings in tlie original ac- tion, as in the transcript, and proceed as follows): "'Afterwards, to wit, on next after in this same term, before our lord the k'uv^ .it Westminster^ comes the said A. B^ by E. F. his attorney, and prays that the said C. Di may assign errors of record, in the record aiid proceedings aforesaid ; whereupon a day is givcin by the court of our said lord the king now here, until • next after -, that is to say, for the said CD. to assign errdrs in the record and proceedings aforesaid: At whicli day, before our said lord the kmg at W 0.1 minster, comes tlie said J.B. by his attorney aforesaid ; and the saiil CD. although solemnly called, doth not come, nor hath he assigned any error of record, in the record and proceedings aforesaid, nor doth he further prosecute his said writ of error, but makes default : Therefore it is considered, that the said CD. take nothing by his writ aforesaid, and that the said A.B. do go thereof without day, iCc. and that the said ^-i^./yjuive his execution against the said CD. of his damages (or debt and damages) aforesaid, according to the force form and elTect of the said recovery, isf. It is, also considered, thatthesaid A.Ji. do recover against the said CD. 1, bv the court of our said lord tiie king now here adjudged to the said yl.B. and with his assent, according to tlie form of the statute in such case made and provided, for his damages costs and charges which he hath sustained and ex- pended, by reason of the delay of execution of the judgment aforesaid, on pretence of prosecuting the said writ of error ; and tiiat the said A.B. have exe- cution thereof, St,'c. And the said CD. in mercy, ^c. (As 549 XLlil. '■■; ! iill s !t w ' 1 , , ll i ■ H* '>■ tutiontm noil. jt/DGMENtS OF NCm.PTlO$ / . ~ e„.. ,Aslnt1,eIast,totheendofthctranscnpt.ana XiUI. thca as follows:) ^^^^.^f^^^in (^ ^^-^ Afterward., *o wit, on ^^^^^_ The like, after . i,eforc our lord the kin« *v «,..turuof..r<- tins same tcim, . , , n w^ his attomsy afore- p„::;„-'::. -•-«'■. ,':::::,:^:,:: „io„ »? *« 3uag.ne„t afo«- ..„„„„.„-. 5„j, and savw that tx ^.^ therefore he ,aid stm —■=•." "^Jtrd .he king, to be dU ^'"■"ut tC'lCXX ioanty of — foresaid. rect.'d to the s.ium u M C /> to be before that be mal;e known to ^^e sa • ^ ^^^^ .^ ,e bath or ^^^f^^^^^ Jhave his execution why the said .'/.i'. o«g" ^ charges afore- .,a.nsthu. of hU Ws co^^^ ^J,,„f ,^ .airt recover, , ""''"J „f t,,e county of — it i, commanded to 'l'^;'""" f^; „enof his bai- aforesaid, that by '■""^'^"^'^^y c.J). that he h. ,H,:.a, he n,ake known to the »a d t^ ^^^^^^^ U-fore onr said lord the ^^'Jnc. toshewin form „f .„e «.,>.>«•»»), " >7X; ;/ tl,c same day U aforesaid, if, K^- anj '«;''-■ ^^'„,.„,, day, before ^""".r,*i 1 kt. at (f«m>,Wer, comes the our said lord the Km, ., ^nd offers him- .aid J.B. by his --';7.,f;7; i t^^esald ; and ,,U- asainst the -"l^^; ^"j; ^ ,„e said county of the sherift-, to wit, ^^ ^^^^ ^^^ „^;, ,„ „„ ■ '■'="""•• '^ Z honest, He. he has g.vea directed, by —an jc,.. to shew, as „o,ice.otl.csaidC.i^.toappea « .^^^, by that writ he was requned , and bi,P., solemnly called, doth "»' ^^^ \ .„„ the detauU: And herenpon """ad ^-^^-y . ^^,^ .aid C-JA hath not assigned any ei.oi or ^^^^^^, ■■-H' 4i JK ERROR. '^"i^^J^H. ,. . jj^j record and proceedings aforesaid ; therefore a dfay Chap. is given to the parties aforesaid, to come before our XLLI, said lord the king, on wheresoever, 5(,"c. that is to say, for the said C. D to assign error or errors in '■ " ' ' the record and proceedings aforesaid, i^c. At which wtr.*; day, before our said lord the king at Westminster^ '"*" ^ ' comes the said A. B. by his attorney aforesaid ; and the said C. D. at that day, although solemnly called, doth not come, biit again makes default, nor does he further prosecute his said writ of error against the said A.B. Therefore it is considered, if^c. (as iri the last). (As in the last, to the sheriff's return, arid then a* (§ ^^-^ follows :) And the sheriff, to wit, sheriff of the JJ^ S Jel" said courtty, returns that the said CD. hath not any turned, thing in his bailiwick, where or by which he can give him notice, as by that writ he was commanded, nor is the said CD. found in the same ; arid the said CD. doth not cdmei : Therefore, as before^ the said sheriff is commanded, that by honest, Sic. he make known to ( iie said C D, that he be before our said lord the king, on (the return of the second scire facias)^ wheresoever, &f. to shew in form afore- said, if, S(c. and further, S(c. the same day is given to the said A.B. there, &c. At which day, before our said lord the king at fVestminster, comes the said A. B. by his attorney aforesaid, and offers him- self against the said CD. apd the aforesaid sheriff of [the said county of as before returns, that the I said C. D. hath not any thing, ^c. nor is the said I CD. found in the same ; and the said C. D. although [solemnly called, doth not come, but makes default: [And hereupon, Sft*. (as in the last). N n Pleas ;'' m \-^' 546 JUDGMENTS OF NOV PROS, Xc. Chap. XLlll. (§81.) The like, on error from the Kind's Reach Pleas ill the Exchcriuer- > Iiaaiber, fiCc. (as before, p. S 38, 9. to the end of tliS second p/rt«Vfl, and then as follows) : ,,-,.; ,, •.;;..' ■"■,•■' W-i, At which day , the said CI), being solemnly called, to the Exche- did not come, neither does he further prosecute his tiuer-chamber. said writ of error : Therefore it is considered, that the said C. D. take nothing by his said writ of error, but that he be in mercy, &f. and that the said J.Ii. do go thereof without day, Sic. And it is further considered,that the said yl.B. do recover against the said CD. /- by the court of our said lord the king adjudged to the said A. B. and with his assent, according to the form of the statute in such case made and provided, for his damages costs and charges which he hath sustained and expended, by reason of the delay of execution of tlu judgment aforesaid, on pretence of prosecuting the said writ of errof : Whereupon the record and proceedings of the said justices of the Common Bench and the said barons of the Exchequer, l)efore them had in the premises, are remitted by the said justices of the Common Bench and barons of the I-.xchequer, before our said lord the king, wheresoever, Kc. according I to the form of the statute of the twenty-seventh year | of the reign of the late queen Elizabeth ^ &c. the day of- Afterwards, to wit, on — in the year of the reign of our sovereign lord I Ir-l? (§ 82.) The like, on House ofLprnt for N n 2 JlCM the plaintiff. i '■ "'■ ^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11-25 i 1.4 Hiotographic Sciences Corporation 23 WIST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503 z r^o \ ;V ^ 548 Chap. XJ-III. Judgment signed, (8cc.) Mercy. JUDGMENTS OF AFFIRMANCE, Kc, field knight, his chief-justicQ of the bench, his writ close in these words, to wit: George the Third, 5Cc. (he^e copy the issue, to the end of the continuance by curia advisari villi ^ ^nd proceed as follows) : At which day, before our said lord the king at WtsU minster^ COme the parties aforesaid, by their attor- nies aforesaid ; whereupon as well the record and pro- ceedings aforesaid, and the judgment given in form aforesaid, as the matters aforesaid by the said C. D. above, for error assigned, being seen and by the court of oursaid lord theking npw herefuUy under- stood, and mature deliberatiop being thereupon had, it appears to the court of our said lord the king now here, that there is no error either in the record and proceedings aforesaid, or in giving the judgment aforesaid '• Therefore it is considered,^ that the judg- qient aforesaid^in form aforesaid given, be in all things affirmed, and stand in full force andeftect, the se- veral matters above for error assigned in any wise not< withstanding : And it is further considered, that the said'^. B. do recover against the said C. D, as well his damages (or debt and damages) aforesaid, as al- so /. adjudged to l.im by the court of our said lord the king nov/ here, according to the form of the statute in such case made and provided, for his damages costs and charges which he hath sustained and expended, by reason of the delay of execution of the judgment aforesaid, on pretence of the prose- cution of the said writ of error; which said damages costs and charges in the whole amount to 1, and that the said A. B. have execution thereof, ^c. and the said C. 1). in mercy, fiCf. < i . •>•- U J- ..; •>-'- \ ■•■'■i*yy*%: : C*. D. 1 \,y the ly under- ipon had, king now ecord and judgment ; thejudg- in all things ■ct, the se- lywisenot- id, that the />. as well said, as al- of our said [the form of ,ed, for his [h sustained f execution jf the prose, id damages — I. and ,f, iCc. and tiff. (As in the last, to the end of the issue,, and then Chap. asfoUows:) ' ^""• At which day, before our said lord the king at Reversaiinthe Westminster y come the parties aforesaid, by their at- J^'J^Jj®Jj°^J' tomies aforesaid ; whereupon as well the record and for the piaia« proceedings aforesaid, and the judgment aforesaid in form aforesaid given, as the matter aforesaid by the said C. D. above for error assigned, being seen and by the court of our said lord the king now here fully understood, and mature deliberation being thereupon had, it appears to the said court of our said lord the king now here, that in the record and proceedings afores^lid, and also in giving the judg- ment aforesaid, there is manifest error: Therefore it is considered, that the judgment aforesaid, for the error aforesaid, and other errors in the record and -\ ' proceedings aforesaid, be reversed annulled and al- together held for nothing ; dndthat the said C/).be restored to all things which he hath lost by occasion -' ' of the said judgment, Uc. (As in the last, to the beginning of the award of (§ 85.) restitution, and then as follows : ) ?''>« i'''^' J?" » jtidginent for — and that the said A. B. do recover against the fhe^^efoadant said C D. his debt aforesaid, and also /. for I his damages which he hath sustained, as well by . means of the detaining the said debt, as for his costs I and charges by him about his suit in this behalf ex- ' pended, by the court of our said lord the king now here adjudged to the said A. B. and with his assent, I and that he have execution thereof, £Cc. and the said \C.D, in mercy, ^c. K \ I tiy^ 'i( .im n 3 m. .^R.:%|:.^ ki. ; J. ! (To sso JUDGMENTS X>P AFFIRMANCE, i(c. (To the end of the issue, and then as follows:) to wit. C, D. puts in his place G. H. his at- torney, against A, B. in a plea of correcting error. Chap. XIJII. ■(§ 86.) AQirtnimce in the Ex.che- . . . . ^ »» • ^- « »-i »» qwer-<-hamber„ tO W»t. TKC Said^.^. pUtS inhlSplaCC^C.r. forVhe Jlii;! *»'« Attorney, at the suit of the said C. D. in the plea tiff. aforesaid. Pleas in the Exchequer-chamber, Kc. (as before, p. 538, 9. mutatis mutandis). At which day, come here into court in the said Exchequer-chamber, as well the said C. D. as the said A. B. by their attornies aforesaid ; whereupon the premises being considered, and as well the re* cord and proceedings aforesaid, and the judgment aforesaid thereon given, as also the cause for error above assigned, being by the court of our lord the kin^^here diligently examined and fully understood, it appears to the said court of our said lord the king here, that the judgment aforesaid is not in anywise I erroneous or defe ' e, and that in the record and proceedings afor« , there is not any error : There- fpre t is considered, that the judgment aforesaid he in all things affirihed, and stand in its full force strength and effect, the said cause above for error assigned and alledfted in anywise notwithstanding;! And it is further considered, that the said A. B. re- cover against the said C. D. /. by the court of ourl said lord the king here adjudged to the said A.B,\ and with his assent, according to the form of thel statute in that case made and provided, for his da- mages costs and charges which be hath sustained and! expended, by reason of the delay of execution ofj the judgment aforesaid, on pretence bf the prose- cution of the said writ of error ; whereupon the re-l IN EltnOK. 551 eordand proceedinf»s of the said justlcesof the Com- Chap. mon Bench and the said barons of the Exchequer, XLIII. before them had in the premises, are remitted by the said justices and barons, before our said lord the king, wheresoever, £(c. according to the form of the statute of the 2^th year of the reign of the late queen Elizabeth, &c. (As in the last, till the proceedings are brought The likc.of one t.down to the day of giving the judgment, and then as dcKnd to^ts, .follovis-) andrever«al . JOUOWS.; of another for ' At which day, come here into court in the said Jf^T.^s ^'o'V Exchequer-chamber, as well the said CD. in his m. c- "•§ 8- proper person, as the said A.B.hy his attorney aforesaid: Whereupon as well the record and pro- ceedings aforesaid, and the judgments aforesaid Jn form aforesaid given, as the matters aforesaid by the said C. D. above for error assigned, being seen and by the court of our said lord the king now here fully understood, and mature deliberation being there^ upon bad, it appears to the said court of our said lord the king now here, that the judgment aforesaid, in forjn aforesaid given, whereby it was considered tliat th<; said A. B. should recover against the said C. D. hjs said debt, and also /. for his damages which he had sustained, as well by occasion of the detaining the said debt, as for his costs and charges by him about his suit in that behalf ex peided, and that the said C. D. should be in mercy, ^c, is not in anywise erroneous or defective; and that in the record and proceedings aforesaid, as to the saidlast- inentioned judgment, there is not any error : There- fore it is considered, that the said last-mentioned judgment be in all things affirmed, and stand in its full force strength and effect, the said matters above N n 4 for t'^ 1!. i;». ;!■'•> / J >. 552 Cha?. 1J? n (§ 87.) Rule n/jv', for comput ng in. tei't!8c, ou an aiHrinarice in theC\cht?quer< chamber. - (§ 88.) Entry of pro- ceedings and JUDGMENTS ,0' AFFIRMANCE, i(c, for error ^signed and alledged in any wise notwith- standing. But inasmuch as it further appears to th^ said cour,t of our said lord the king now here, that there is manifest error i(i thfi record apd proceed- ings aforesaid, as to the judgment aforesaid io form aforesaii given, whereby it was considered that ,the said /4. B. should recover against t^e said C. D. his damages aforesaid, to the said svm pf 1, in form aforesaid found, and also /. for bis fyrther costs and charges by him about his suit in that be- half expended, and that the said C. Z). should be in mercy,' i^c; therefore it ;s considered, that the said last-mentioned judgment, for the error afore* said, be reversed annulled and altogether held for nothing, and that the said C. D. be restored tp all things which he ha,th lost by occasion of the said last-mentioned judgment, JCc. And hereupon the record and proceedings of the said justices of the Common Bench, and the said barons of the Exche- quer, before them had in the premises, are remitted, He. (as in the last). i.*:m^3.m'mm'^^MTt-_^^>» pov I It is ordered, tha.t the plaintiff in error ipon notice, (fiTc.) shall on, (5Cf.) shew cause, why it should not be referred to the clerk of the errors, to calcujiate ancl ascerta.in the amount of the interest upon the final judgment, after the rate of 4 1, per cpit. from the titn.e of final judgment being entered up, until the afHrmance of the said judgment in this court ; and that such interest may be added to the daniagesjfor which such final judgment was ei^tered up. Upon motion of Mr. — , ,:^;^^^ j..w^i,.,,^^,M, .- Afterwards, to wit, on the day of in the year of the reign of our sovereign lord '■' , •' i--' :' " George IN BRROR^ 85^ (reorge the Third, king of the united kingdom of Chav. Great Britain and Irelandy S(c. a transcript of the XLIIL record and proceedings aforesaid, between the par- t*'E'"r®'* tieti aforesaid, of the plea aforesaid, with all things quer-chambar, /concerning the same, by means or a certam writ oi to the Kias'4 pur lord the king for correcting errors, prosecuted *" by the said C. D. against the said A. B. of and upot| jthc premises, by the court of our said lord the king before the king himself here, was transmitted before the justices of our said lord the king of his court of Common Bench, and the barons of the Exchequer of pur said lord the king of the degree of the coif, in the Exchequer-chamber, according to the form of |he statute made in the 21th year of the reign of the - lady Elizabeth^ late queen of England, &c. : And "^' the said C />. appearing in the Exchequer-chamber aforesaid, assigned certain matters for error in the record and proceedings aforesaid, and in giving the judgment aforesaid, for reversing the said judge- ment ; to which the said ^. ^. also appearing in the said court of Exchequer-chamber, pleaded that there was no error either in the record and proceedings . ' ' aforesaid, or in giving the judgment aforesaid : And ' afterwards, to wit, on the day of ii^ the year of the reign of our said lord the king, as well the record and proceedings aforesaid , and the judgment aforesaid given in form aforesaid, as aW the matters by the said C. D. for error assigned, be- ing by the court of Exchequer-chamber diligently examined, and fully understood, it seemed to the said court of Exchequer-chamber, that there was no error either in the record and proceedings aforesaid, or in giving the judgment aforesaid: Therefore it was then and there considered by the said court of , M« • ' Exchequer- ■''■A M: . PH '■■■i A «54 JUDGMENT* or AFriftMAKCC, &(c. Thap. XLIlf. Entry of satis< faction. Exchequer-chamber, that the judgment aforeiatd should be in all things affirmed, and stand in its full forcj strength and effect, the matters aforesaid above for error assigned and alledged in anywise notwithstanding : And it was then and there further considered by the same court, that the said A.B. should recover against the said C.J). -^ — /. by the sahie court thure adjudged to the said u4.B. at his request, according to the form of the statute in such case made and provided, for bis damages costs and charges which he had sustained and expended, on occasion of the delay of execution of the judgment aforesaid, on pretence of prosecuting the said writ of error : And thereupon as well the record aforesaid, as the proceedings of the justices of the Common- Bench and barons of the Exchequer aforesaid, before them had in the premises, were by the said justices and barons remitted into the 'court of our said lord the king before the king himself, according to the form of the statute in such case made and provided, and now remain in the said court of our said lord the king before the king himself, 5Ct*. . Afterwards, to wit, on next after in the year of the reign of our said lord the now king, before the king himself at Westminster^ came the said A. B. by his attorney aforesaid, and ac- knowledged that he had been satisfied by the said C. D. for the damages costs and charges aforesaid : Therefore let the said C. J), b^ quit of the said da- mages costs and charges, ^c. v. j ; t> y, 'A 1 -S i1 r "i L-TC.v ^ ^iil ^ >H «S>:»^' ->'■ ;';..!'<^>- tjjs '^;,:'} •-i'-.^ .:vi/^,;a^ -iWt: T© ifor«atd n its full aforesaid anywise re f urthei aid A.B. ./. by the B. at his ite in such costs and ended, on judgment le said writ I aforesaid, 5 Common- said, before aid justices ir said lord ding to the i provided, ir said lord ter in )rd the now inster, came id, and ac- by the said iS aforesaid . the saidda- ]K EftHOIk. BSS Chap. XLIIL (§ 90.) To the right honorable the lords spiritual and tern- poral, in parliament assembled. The humble petition of A. B. defendant in a writ of error in parliament, wherein C. D. heai iu|i', iS'tSe is plaintiffj . «-t«f Sheweth, That your petitioner obtained a judgment after rerdict, in the court of King's Bench, against the said C. D. in an action of debt for /.which in — — term last, on a writ of error brought by the said C. D. in the Exchequer-chamber, was unanimously affirmed by all the judges of the court of Common Pleas and barons of the Exchequer : That the said C. D. hath lately brought a writ of error returnable in parliament, in which the plaintiff in error hath ,\. named himself by a different addition from what « he is named in the said action, with an intent ;. '~ thereby, as your petitioner is advised, to delay your » petitioner, in, a most unreasonable and unusual man- ner, from the recovery of his just debt. '^> / . That the plaintiff in error hath nevertheless as- ' signed his errors; and your petitioner hath joined , , ' in error. •;*«?*. ^|*.•»«':^^'^ r' ,,^.> . -"^^^ '-^ Your petitioner therefore most humbly prays your lordships, to appoint sacli a day for taking the pre- ■ miser 'nto your consideration, and arguing the said ' ^ errors, as to your lordships great wisdom shall seem meet. .y._ _y'./..:i..^.:.i..„-A •. ' ' And your petitioner shall ever pray, 5Cc. „♦„, - , At which day, before the same court of parlia- (§ si.) ment at Westminster, come as well the said C. D.'tis Affiimanci; in . the Hoiist; of the said a. li. \n their proper persons; whereupon Lords, of a all and singular the premises being seen, and by the t"e Kiuj '" llg'8 lA f. court /. H^- if.-. i\ :\.i:. 'ta 1 I" . li 55« JUDGMENTS Of ArriKMANCE, &C. Chaf. XLIII. chequer- flhamber. court of parliament aforesaid now here fuUy undef^ stood, and as well the record and proceedings afore. Bench, afflrm. jj^jj ^^^^ ^^ judcmcnt thcreon given, as the said e-i- ;,>,!. «.■-'•« iff A.'v ■■•» ■ ':/*r'i ,;>^,-5 •l.'.^SUi :^ ■ ,:>?ai-: ■ii- liv-i^y Clec. Park After- IN EltltORt «57 Afterwards, to wit, on the — day of • in Chai*. the year of the reign of our said lord the now XLIII. king, the said lord the king sent to his right trusty (5 9'^) and well-beloved Edward Lord Ellenboroughj the I'JlSg. S chief-justice of the same lord the king, assigned to "t^J^^H^^ hold pleas in the court of our said lord the king be- '-"rd*. and re. fore the king himself, his writ close in these words, King'* B«uch. to wit: George the Third, iic. (here copy the writ of error, and proceed as follows): By virtue of which said writ, the said chief-justice with his own proper hands brought the record and proceedings in the plaint aforesaid, with all things concerning the same, to our said lord the king in the present parliament, according to the exigency of that writ« Afterwards, to wit, on the day of in the year of the reign of our said lord the king, before our said lord the king and the peers of this realm, in the present parliament at Westminster in the county of Middlesex assembled, comes the said • C. I), in his proper person, and immediately says that in the record and proceedings aforesaid, and ^ also in the judgment aforesaid thereupon given, in the said court of Exchequer-chamber of our said lord the king, there ia manifest error, ^f. (stating tiic assignment of errors and joinder) : But because the court of our said lord the king before the king him- self in his parliament, are not yet advised whatjudg. ment to give of and upon the premises, a day is ' therefore given to the parties aforesaid, before our ' laid lord the king in his parliament, until the day of next ensuing, wheresoever, i^c, to hear their judgment of and upon the j»eniises, because the court of our said lord the king in his ' iij\^~ ■ . ■• . ' ■ . parlia- 11 l?i ■'11 551 Chaf. ALIU. IJkECOTTOlf , parliament here, are not yet advised thereof, ICc. At which day, before the same court of parliament at Westminster aforesai'*., come as well the laid C. D, as the said A^ B. fi i reupon all and singular the premises being seen, l^c. (as in the last pre> cedenti to the end). « 93.) Fifri/ai:ia.f, ifter non-ftrot or affirmance in the KkDg'n Bench. C^^or^ffthe Third, {6(c.) To the sheriff of greeting: We eonnrmand you, that of the goods and chattels of C. D. late of in your bailiwick, you cause 10 be made /. (or a certain debt of /.) which j1. B, lately in our court before Sir James Mansfield knight and his companions, then our justices of the bench at Westminster, recovered against the said C. />. (&c.) whereof the said C. D. is convicted, as by the inspection of the record and proceedings thereof, which we lately caused to be brought into our court before us at Westminster , for certain supposed causes of error therein, and which are now there remaining, appears to us of record; and also /. which in our said court before u:: at Westminster aforesaid, were adjudged to the said yj. B. according to the form of tlie statute in such case made and provided, for his damages costs and charges which he had sustained and expended, on occasion of the delay of execution of the judgment aforesaid, on pretence of prosecuting our writ of error brought thereupon by the said C. D. against the said A. B. because the said C. D. did not prose- cute the said writ of error with effect ; (or on an affirmanae, " the said judgment bein>; in our said court before us, in all things affirmed j") whereof ■ '■'- • . - ■ > the ffof ffoods and wick, you of /.) Sir Jamei then our recovered said C. D. record and lused to be ninster^ for and which of record; before u;: at to the said ute in such es costs and pended, on le judgment our writ of /). against 1 not prose- ; ; (or on an in our said ;') whereof the lit KRROR. * Ute said C. D. is also convicted, as a<-')ii>ar»to us of record ; and have the said monies before us,> on wheresoever we shall then be in England^ to render to the said A. li. for his damages costs and charges aforesuid ; and have there this writ. Wit- ness Edward Lord Eiltnboroughy {iic.) To the sherift" of 559i CrtAF. XLIII. Gwr^^ the Third, {He.) greeting : chattels of C. !)<, late of you cause to be made our court before us were adjudged (« W.) We command you, that of the goods and tiirdi'iiiimul"/ in yoiir bailiwick, »•"• «'"»ti in /. which lately in to A. B. enui' only. according to the form of the statute in such case made and provided, for his damages costs and charges which he had sustained and expended, on occasion of the delay of the execution of a certain judgment, obtained by tlie said A. B. against the said C. D. in our court before Sir James Mansfield knight and his companions, our justices of the bench at Westminster ^ on pretence of prosecuting our writ of error brought by the said C. J), against the said A. B. of and upon the said judgment, be- cause the, said C. D. did not prosecute the said writ of error with effect; (or, the said judgment being in our said court before us, in all things affirmed;) whereof the said C. D. is convicted, as by the re- cord and proceedings thereof, which for certain supposed causes of error therein, we lately caused to be brought into our said court before us, and which are now there remaining, appears to us of record ; and have the said money, &V. (as in the last). George the Third, (5Cf.) To the sheriff.of greeting: We command you, that of the goods and oljutl«,'ls :'^ (§ 95.) - The like, afler H HUH -prut or ^ I '! \ ' 666 tXECtTTlO* Chap. XLIII. aflirinnancein the Exchfe- 1; 11 i iiPH mm It l{l III' it Will I li ' chattels of C*'. D. in yourbailiuriclc, ydu cause to be made /. (era certain debt of /.) which ^. B. lately in our court before us at Westminster^ f^uet-chamber. recovered against the said C. D. (&c.) whereof the said C, D. is convicted, as appears to us of record; , and also /. which in our court of Exchequer- chamber at West minster y before our justices of the bench and the barons of our Exchequer of the de- * gree of the coif, were adjudged to the said A, B. accordins: to the form of the statute in such case made and provided, io> nis damages costs and charges which he had sustained and expended, on occasion of the delay of the execution of the judg- ment aforesaid, on pretence of prosecuting our writ of eiTor brought thereupon by the said C. D. against •^ the said^. B. because the said C. D. did not prose- cute the said writ of error with effect; (or, the said judgment being in our said court of Exchequer- ^ V chamber in all things affirmed;) whereof the said , C. /). is also convicted, as by the record and proceed- ings ofour said justices and barons, before them had in the premises, and by them remitted into and now remaining in our said court before us at Westminster aforesaid, also appears to us of record; and have the said monies before us at Westminster ^ on next after , to render to the said J. B for his damages costs and charges aforesaid ; and have there tlien this writ. Witness, {Uc.) (§ 96.) George the Third, {S(c.) To the sheriff of The like, after -ppg^ J jj„. We command vou, that of the ffoods and ■n action oil o o j ^ o chattels of C. D. in your bailiwick, you cause to be made — : — /. (or a certain debt of /.) which A.B. lately in our court before us at Westminster ^ reco- thejudicmeiit, end a writ of ttttat ther«ou. : M In EkROtl. T^covered^ against the said C. D. (&c.) whereof the' taid CD. is convicted, as appears to- \i»' of record *{ and also /. which in our court of Exchequer- chamber at Westminster, before our justiiries <>f tfte bench and the barons of our Exchequer olP the degrde of the coif, were adjudj^d to the said^. B. accordiirg to the form of the statute in such case made and provided, for his damages costs and charges which he had sustained and expended, on occasion of the delay of the executidn of the judgment aforesJLid, on pretence of prosecuting our writ of error brought thereupon by the said C D. against the said A. B. because the said C. J), did not prosecute ^e said writ of error with effect ; (or, the said judgment be> ing in our said court of Exchequer-chaiiftbef in all things affirmed ;) whereof the said C. D. is also con- victed, as by the record and proceedings of our said justices and barons, before them had in the premises, and by them remitted into and now remaining in our said court before us at Westminster aforesaid, also appears to us of record; and also /. which the said A. B, lately in our said court before us a^t Westminster aforesaid, recovered against the said C. D. for his damages which he had sustained, as well by reason of the detention of the said first- mentioned damages (or, debt and damages) costs and charges, as for his costs and charges by him about his suit in that behalf expended j whereof the said C. D. is also convicted, as appears to us of record ; and also r /. which in our said court of Exche- quer-chamber, before our justices and barons afore- said , were adjudged to the said J. B. according to [ tlie form of the statute in such case made and pro- j "fidtd, for his damages costs and charges which he ^ - • ©o had Hi XLllI. , ^ ,\v.- it! r I '14 ; h "k 1 riS * f if I ■■ i 3 Wi EXECUTION I i Chap; NUII. Tli(!liki;, for th>.' diiiiKi'jCcs ■jiid costs ill «iTor Only. had suiitalrted and expaiidcid, on occasion of tbedc^la^f 9^ i(1ms pxecuition of tlie said last-mentioned judg- ment, on pretence of prosecuting our writ of error brought thereupon by the siaid C< D. against the said ^. By because the said C. />« did not prosecute die said last-mentioned writ of error with effect j (or^ the said last-mentioned judgment being in our i»aid court of Exchequer-chamber in all things af- firijned;) whereof the said C\ D, is also convicted, as by the record and proceedings of our said justices and barons, b^fpre tlieni had in the premises last aforesaid, and by them remitted into and now re^ ijnjc^ining ijllfcour ?>aid court before us at Westminster aforesaid, also appears to u^ of record; a^id iiuve the said monies, &r. (as before.) > t,'»j^« ■ •j OH^fi George the Third , (i^c. ) To the sheri ff of — greeting : We command you, that of the goods and chattels of C< D> in your bailiwick, you cause to be made — ■*— ^,. which lately in our court of Exche- quer-chamber bX. Westminster, before our justices of the bench jypd the barons of our Exchequer of tiie degree of the coif, were adjudged to A, B. accord- ing to the form of the statute in such case made ant! provided,, for his damages costs and charges which he had sustained and expended, on occasion of the delay of t'ue execution of a certain judgment, ob- tained by the said A. B. against the said C. D. in our court before us, on pretence of prosecuting oui writ of error brought thereupon by the said CD. against the said A. B. because the said C. D. did not prosecute the said writ of error with effect; (or, the said judgment being in our said court of Exchequer- chamber in ail things affiruied;} whereof the said ,^-—^—— ■ - •■ -^'- yc,j).\ edjudg- of error iinst the Kosecute ;h effect J ng incur things af- jonvicteil, lid justices emiscs last ,d now re* Westminster a^id iiitve riff of — goods aiul cause to be of Exchc: justices of quer of tlie . B. accord- sc made and arses which asion of the lo-ment, ob- aid C. D. ill isecuting oui" e said C. D. C. D. did not L«ct; (or, the f Exchequer- ' creof the said .^ , IM tRROR. i' t. D. is cbnvicfed, as by tlie record and proceed- ings of our said justices and barons, before them had in the premises, and by them remitted into and now remaining in our said court before us at Westminster aforesaid, appears to us of record ; and have the said monies, H^c. (as before.) 563 CMap* XUIL (§ 98.) G^or^e the Third, (^f.) To the sheriff of - greeting: \V§ command you, that of tlie goods and tLnon-prosor chattels of C. D. in your baiUwick, you cause to be affi™»"<^e irf made 1, (or, a certain debt of the House uf -/.) which Lords. A. B. lately in our court before us at Westminster y recovered against the said C. Di. (&c.) whereof the KJiid Ci 1). is convicted) as appears to us of record ; and jdso • /. which in our court of parliament were adjudged to thei said A. B. according to the form of the statute in such case made and provided, for his damages costs and charges which he had sustained and expended, on occasion of the delay of execution of the judgment aforesaid, on pretence of prosecuting our writ of error brought thereupon by the said d D. against the said A. B. because the said C. D. did not prosecute the said writ of error with effect; (or, the «aid judgment being in our said court of parliament in all things affirmed;) whereof the said C. D. is also convicted, as by the inspection of the record and proceedings thereof, renliited from our said court of parliament into our court before us, also appears to us of record ; and have the said monies, 6(c\ (as before.) George the Third, (5Cf. ) To the sheriff of / (§990 Igrecting: We command you, that you take C. A^^J^f^^ [tf he shall be found in your bailiwick, ai.d him safely awo-i-pwor • affirmance m Q o 2 keep, k. b. wS\ 5€4 Chap. XLlll t '•<^- tV'Ki .■,.rijv.'i''?1 EXECUTION, &C. keep, so that you may have his body before us, on wherpsoevcr we shall then be in England^ to satisfy A. B. /. (or, a certain debt of 1.) which the said A. B. lately in our court before Sir James Mansfield knight and his companions, then our justices of the bench at Westminster , recovered against the said C. 1). (&c.) whereof the said C. D. is convicted, as by the inspection of the record and proceedings thereof, which we lately caused to be brought into our court before us at Westminster^ for certiiin supposed causes of error therein, and which are now there remaining, appears to us of record ; and also /. which in our said court be- ibrc us at Westminster, were adjudged to tlie said A. iff., according to the form of the statute in such case made and provided, for his damages costs and charges which lie had sustained and expended, on occasion of the delay of execution of the judgment aforesaid, on pretence of prosecuting our writ of error brought thereupon by. the said C. D. against the said A. B. because the said C, D. did not prose- cute the said writ of error with effect; (or, the said judgment being in our said court before us in all j things affirmed ;) whereof the said C. D. is also con- 1 victcd, as appears to us bf record; and have there] this writ. Witness, (is^f.) The difterent writs of capias ad satisfaciendum A after a nonpros or affirmance in the Exchequer, chamber or House of Lords, may be easily col- 1 lected front the above form, and the foregoing writj oi fieri facins in simikr cases. ' St J r'^^. Ceowi RESTITUTION, 8tC. €tor^iht Third, (fiCc.) To the slieriffof- greeting^: Whereas Jl. B. lately, to wit, in t^rin, in the year of our reign, in our comt •>'J{5|<9lt'V'.»Jl Chap. XLUI. (§ 100.) Ibefore Sir James Mansfield knight and his com- lZr/nltLti9. panions, then our iustices of the bench at IVest- nnnmn, after f ^ ' * '_ _ , a.|u(l(jin»!iit re- minster, by our writ and by the judgment of the versed in tiie same court, recovered against C. D. late of -— — '* * * ""^ '' /.which in our same court were adlud«ed to *>^ »&»'«?,'"; >' the said ^. i?. for his damages, (&V.) whereof the «aid C. D. was convicted , as by the inspection of the record and proceeilings thereof, which for cer- tain causes of error we caused to be brouffht into our court before us at IVestmmsfer, appears to uii of record: And for divers errors found in the Re- cord and proceedings aforesaid, and also in the giving of the judgment aforesaid, we have reversed and totally annulled the said judgment; and we have furtlief considered in our said court before urf at iVestminster aforesaid, that the siaid C. D. be restored to all thi rigs- which' he Math lost on occasion of the judgment afOi"e^did: And now on the behalf of the said C. D."'m ox\v said court before u« we have been inforiiited, tlial! l!he snid A. B. hath had his 6xecutionof the danwiges aforesaid j on pretenc<» of the judgment aforesaid,- given in our conrt of the' Bench aforesaid,. and is yet possessed thereof, to w t, at ' ' ' ■ ; whereupoti the said CD. hath humbly bf*- sought us to provide him a proper remedy in this behalf: And we being willing that \Vhat is just in this behalf should be done, command you, that by honest and lawful men of your bailiwick, you make i known to the said A. B. thtit he be before us, on wheresoever wc shall then be in England^ to [shew if he hath or knowcth of any thing to say for Oo himself, . f \ >- {f^ I Bp6 Chap. RESTITUTION himself, why the said C. D. ought not to have resti, tution of the damages aforesaid, according to the force form and effect of the judgment aforesaid, given in our said court before us ; and furt^ei: to do and receive, S(c. (as before, p. 436.) George the Third, (5(c.) To the sheriff of The like, after a judgment re- greeting : whereas A. B, lately in our court before ExH.equer-° "» at Westminster y by bill without opr writ, and by chamber. the judgment of the s^me court, recovered against C. D. I, for his damages, {Sic\ ] whei^eof the said C' D' isconvieted, as appears to us of record; and afterwards the said C. D, brought our writ for cor- s • recting error of and upon the record and proceed- ings aforesaid, against the sai4 A, B. returnable before our justices of the Coninion Bench and the ' barons of our ]Cxchequer, in our Exchequer-cham- jber : And thereupon afterwax'4s, to wit, on the day of , . in the — -^ year of our reign, before our justices of the Common Pench and the barons of our Exchequer aforesai(|, in qui^ sai4 Exchequer, chamber, it w^s consi4ered , tltat the j u4gmeiit afore- 3aid, for divers errors in the record and proceedings aforesaid , should be reverse4 ,an nulled an4 altogcther held fornothing, an4 that the said C, P, should be restore4 to all things which he ha4 lost on ocgasion of thatju4gment; as by the inspection of the record and procee4ings thereof, now remaining in our said court before us, also appears to us of record: And how on the behajf of the said C. D. in our sai4 court before us, we have been informed, that the said A. B, hath had his execution of the damages aforesaid, in jTorm aforesaid recovered, and is yet possessed thereof, ' ' '-^'■' ' ' ' . ' .:..-.'uf.jk:^^^'l^-:i-iC'.'^'-' ',[ where IN ERROlt, M7 wlicreupoTi tiie said C. D. hath humbly besought us to proi^ide him a proper remed)! in this beiialf : And .we being willing that what is just in this behalf should be done, command you, that by lu)nest and lawful men of your bailiwick, you make known to the said A. B. that heji)e before us at IVestinmsfeVi on • next after , to sliew if he hath 6r know- eth of' any thing to say fo>- 'himself, tvhy' the said C. D. ought not to have restitution of the damages aforesaid, if it shall seem expedient for him so to' do ; and further to do and i»eceive, tVt*. (as befar^ p. 436.)' : ^ p? e<^bit /ir^fii* George the Third, {^c.) To the sheriff of — Ci4AP. XUII. n (§ 10 J.) HV« .*»'■' ',fT ■ -i' .1* (■•WIS/ srreetiYijSc : Whereas //.^. lately, that is to say, in ^^"■:'' "^"^r'' * " J ' ./ ' tiition, after a — — .term, in the year of our reign, in our judgiiKiit re- court before Sir James Mansfield knight and his com- Kiug'a Uench. panions, then our justices of the bench at IVestmin- slet'f by our writ and by the Judgment of the same Qourt, recovered against C. J), late of h for his damages, {S^c.) whereof the said CD. id con- victed, as by the record and proceedings thereof, which for certain causes of error we lately caused to be brought into our court before us, appears to us of record : And by reason of divers errors in tlie said record and proceedings, and also in giving the judg- ment aforcskid, we have reversed and totally annulled the some; and we have further considered in our said court before us, that the said C. D. be restored to all things which he hath lost on occasion of the judgment aforesaid : And whereas the said A. B. on pretence of the said former judgment, hath had his execution of the damages aforesaid, and is yet pos- sessed thereof, as we have been informed : There- O o 4 fore ^6$ Chap. XUII. •f :K,'-ir . >..!N ;C.' (§ 103.) nESTiTUTlON, &.V. fore we command you, that if it can be made nppcar toyoii, that the said A,B. liath had his cxceutiun of the damages aforesaid, by viirtuo of the judgment aforesaid, then without delay you causa the said C. jO. to have full restitution of the said /. : and if you cannot cause him to have restitution thereof^ then that of the goods and chattels of the said ji. B. in your bailiwick, you cause to be made th^^ said - • L and cause that money to be delivered without delay to the said C. 7>), (or, that you take the said ^i. £. if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us, on wheresoever, Kc. to restore and make satisfaction to the said C. D. of the said ■ ■ /. ): And in what manner you shall execute this our writ, make appear to us, on wheresoever (iuvt beforft rit.andby red against ;oi' tlie said of record: of —— »>^ )tofthevc- things con- tain writ for C, n. in th« court before Bench and legree of the rding to tlie lunent of the lady lady Elizabeth late queon of England, holden at IVestminster, on the 23d day of November iu the twenty-seventh year of her reign ; And afterwards, to wit, on the day of in the year of ■oar reign aforesaid, before our said justices of the Common Bencii and barons of our Kxchequer, in the Exchequer-chamber aforesaid, it was considered, that the judgment aforesaid, for divers errors in the record and proceedings aforesaid , should b«3 reverse ed annulled and altogt^her held for nothing, and that the said C, J), sirould be restored to all things which he had lost by occasion of the judgment afore- said : And afterwards tlie record aforesaid, with the proceedings thereupon liad in the premises, be- fore the said justices and barons of the Exchequtr aforesaid, the shmc justices and barons have remitted before! as at Westminster aforesaid, according to tlie form of the statute aforesaid, and they now remain in our same court before us : And now on the behalf of the said C D. m our said court before us we have been informed, that the said A, B. on pretence of the said former judgment, hath had his execution of the damages aforesaid , and is yet possessed thereof: Therefore we command you, ^f, (as in thclast, mak- ing the writ returnable on a day certain). Chap. XLllI. \f (( -•' h ,'!i^^l■^■^\ (§101.) Writ of faisc- Ccorgc the Third, {^c.) To the sheriff of — greeting : If C. D. shall give you security that his ^"'1'^ °' suit shall be prosecuted, then in your full county cause tlie plaint to be recorded, which was in the same county without our writ, between A. B. and the said C, 1). of a certain trespass on the case done to the said A, B. by the said C. D. as it is said, wherein the said C. D. coniplaineth that false judg- ment hath been given against hiih in the said county ; a:;il .••I = ) r #70 rALSE-JUOfJMENT. U '' Chap. XLIIJ, (I 105.^ Kotuni tlurvto. S.-i (§ !0f,.) and tliat you havo the said record before us, on — --. wheresoever we shall fiien be in Evi*landy under your seal, and the seals of four lawful knights of the same county , of such as shall be present at the said recording ; and Hummonhy goml summonors tho said *i. Ji. that hnl>c then there, to hear tLe said recorti ; and have you there the suramoners, the names of the said four knights, and this writ. Witness oursclf at Wcstmimfn\ tho day of in the —, — year of our reign. By the lord chancellor of Great Britain^ 9t the in- stance of tiie defendant. By virtue of this writ to me directed, I have in my full county, held at the day of in tho year of the reign of our sovereign lord George the Third, by the grace of God of the united kingdom of Great Britain and IrclandWngj dofen-' > plaint against C. D. of a plea of trespass on the case, to the damage of the said -A. B. of thirty-nine shil- lings and eleven-pence; and in the same court here finds pledges to prosecute his said plaint, to wit John JJqe and Biefuird /j'w; and ik>w in the same pourt here, prays the process of the sume court here to be made to him thereon against the said C. D. in |:he plea of his said plaint ; and it is granted to him, ^V. And upon this it is in and by the same court here commanded to one of the bailift's errant of the said ./. A', sheriff of the said county, and mi- nister of the same court here, that he summpn by good summoners the said C, D. within the jurisdic- tion of the same court, that he be and appear at the next court of the county aforesaid, to be holdon at aforesaid, in and for the county aforesaid, and within the jurisdiction of tlie same court, on tlie Jay of next ensuing, to answer to the said A. B. in the plea of the said plaint ; and what the said minister shall do thereon, that he certify to the same next court ; the same day is in and by the iianic court here given to the said A. B. to be tlieie,^ i^r. At which same next court, to wit, the 7 Icounty-court of the said J. K. esquire, sheriff of the [county aforesaid, held at {iforcsaid, in and for ^ . tho ill Chap. i Ell f \ I ii;fr)J r ' wp I , \ > iH -■ ^'ili s l-t'}' ft 612 KALSR-.IUDCMENr. :i\ Chap. the said county, and within the jtnUdictior* of thr. aLHI. name court, on the day of in thr jiaid year of the. reign of our said lord the now kinpf, before A^. O. (&c.) freeliolderh within the said county, and suitors of the same court, comes the said yl. li. in his proper person, and offers hims^''* ap;ainst the said CD. in the pica of his said n^i.tu , and tlie said bailiff and minister of th«J -ni ^ court, now returns to the same ( )url . re, the , aforesaid precept to him in form aforcsui ' uirccfed, in all things served and executed, to wit, that h' ^ by virtue of that precept, to liim in form aforbrtaid directed, by and good summoners, hutii " sunitnoMcd thv; said C D. within the juriMiiction of the said court, that he be and appear at the same next court, to answer the said A. B. in the pica of ' . the said plaint, as he was commanded : Whereupon the said C. D. being solemnly called, comes into this same court here, in his proper person ; and there- upon the said A. B. in this same court, puts in his place E. F. his attorney, against tl»e said C. D. in tl>c plea of the said plaint ; and the said C. J), in this same court here puts in his plfice (i.II. his at- torney , at the suit of the said A. B.'m the plea of the said plaint ; and thercipon the said A. B. prays u d.u to declare agai'nsi tlic, s id C. 1). in the pic; of I the said plaint here "M'i" r\' .cxtcoui uitbecounty aforesaid, to be holden at aforesaid, in and for the county aforesaid, and witliin the jurisdiction of « . the same court, on the day of now next ensuing; and he hath it, ikV. the same day is given to the said C. D. to be there, He. At whichi same next court, to wit, the county-court of| the said ./. K. es(|uire, sheriff of the county afore said, held at aforesaid, in and for the saidj couutvJ ■■p^l/ ?£f!W ar. of thr. — in thr , th« now inthesaid :omcs the rs hltns-'^ f^J till nVk.nt , : the '-P here, the ..\ directed, it, tbat Iv m aforbrtuUl oners, Uatii ri«. lict'ion of at the same n the plea of Whereupon )mes into this ; and there- >, p«ts in his laid C. D. in [aid C.Jh in r;.//.his at. kcploaot'thc M. B. prays a in the pic! of I oi the county aid, in and for luriscliction of I of ^M 10 same day »«! c. At whiclil tunty-court o<| county aforcl for the saidl county,! FAUE-.M'DCMkNr. tounty, aiul withiu the junsuiction of tlie same court, on the ulurcsuid the clay t)f • in the year of the rei(;u ot'ouisaid hnd the uovr Iking;, hefore P.ii. (&c.) iVeeholdera withifi the suul •ounty, and suitors of the sjanie court, conui as wtlk , the said j-i. JJ. as the said 6'. 7^. hy tht-ir atlorni^i aforesaid ; and hereupon the said //. B. prays :i lur- iher day to declare against the said C. D. in tho plrti of the said plaint here, until the next court of tli« co'infv aforesaidj to be holden at ■ aforesaid, \ra «nd for tiiesaid county, and within the jurisdiction of the same court, on the ^1 i.^iWi^ ;, .) "»«hi'" Sl$ Chai*. XUII. t: '-'i : because as well, S(c. the same day is giten in znd. by the said court here to the parties aforesaid, to bcr there, SCc. Before vrhich said next court, the afore- said X K. was in due manner removed from his said office of sheriff of the county aforesaid, and Z. A. esquire >ra8 duly chosen, constituted and appointed sheriff of the s^id county, in the lieu and stead of the said J. K. At which same next court, to wit, at the first county *€ourt of the said Z.A. esquire, sheriff of the county aforesaid, held at aforesaid in and for the said county, and within tlie junsdiction of the same court, on tlie aforesaid the day of in the year of .the reign of our said lord the now kitrj^, before /?* C. (&c.) freeholders within the said county, and suitors of thesamcpourt, cbnie as well the said A. B. as the said C. D. by their aitornics aforesaid ; and the said and , bail- ill's and ministers of the court aforesaid, have sent here the aforesaid precept to them in fonn aforesaid rlirected, in all things served and executed, toge- tfier with a panel of the names of twelve honest and lawful men of the county aforesaid, and within the jurisdiction of the said court, and who arte in nowise of kin eitlrcr to the said A, B. or to the said C. I). m inipanneHcd to recognize in form aforesaid, between tlie ])jirtjt's aforesaid : And those jurors in form afore- said so impannellcd, namely, D. E. (&c.) being solemnly culled in the same court appear. Who l>eing chosen tried and sworn by the same court here, to speak the truth of the premises above contained, and put in issue between the said parties, upon their oath say, that tlie said C. J), did undertake and promise, in manner and form as the said A. B. hath above- thereof complained against him; and they assess the dama«Tes of the said A. B. by reason of thepremises aforesaid, over and above his cost* and charjes by IiiiQ in aTi(J id, to be le afore- 1 his said nd Z. A, ppointed ;ad of the vit, at the e, sheriff oresaid in itisdiction - the — — of our said freeholders samepourt, D. by their , bail-- , have sent m aforesaid [Uted, toge- honest and within the [r^in nowise e said C. D- kt(i, between Informafore- (&c.) being ir,Vrhol>cing lurt here, to jntained,and Lon their oath land promise, \n. hath above- 1 [hey assess the If the premises iid charses by rALSE-JUDGMENT. him laid out about his suit in this behalf, to -'^•—s. and for those cost's and charges to pence : And thereupon the said A. B. prays the judgment of the court here, of and upon the premises aforesaid : But because the court now here hath not yet determined what judgment to give in the premises, a day is there- fore given by this court, as well to the said A. B. as to the said C. D, until the next court of the coun- ty aforesaid, to be holden at ——aforesaid, in and for the said county, and within the jurisdiction of this court, on the day of next ensu- ing, for hearing thejudgment of the same courtthere- upon, for that this court hath not yet thereof deter- mined, &'"<:. At which same next court, to wit, at the second county court of the said 2. A. sheriff of the county aforesaid, held at aforesaid, in and for the county aforesaid, and within the jurisdiction of the same court, on the aforesaid the day of in the said year of the reign of our said lord the now king, before/', G. (&c.) freehold- ers within the said county, and suitors of the same court, corneas well the said A. B. as the sa d C. D. by their attornies aforesaid ; and thereupon all and singular the premises aforesaid being seen and in- spected, and by the court here fully u Kierdtood, and mature deliberation being thereupon had it is con- sidered in and by the same court here, that the said //. B. do recover against the said C. D. his damages costs and charges, in form aforesaid assessed by t!ie said jury, to and also ;. for his costs and charges aforesaid, by the said court here adjudge I of increase to the said jJ. B. and with his assent ; which said damages in the whole amount to /. and the said C. D. in mercy, ^V. Z, A, sheriff. P p And bTi CWAP. XLIII. 578 FALsE-JtmoMFNT'. Chap. XLIII. (§ ion.) Assignment of false, judg- ment. Andhercilpon the said C. D. says that the record aforesaid is vicious, and in many respects defective, and that false- judgment is given against him in and upon the plaint aforesaid, in this, to wit, that the consideration of and for the supposed promises and undertakings in the said declaration mentioned, is not stated or alledged, nor does the same appear in or by the said declaration, to have arisen or happen- ed within the jurisdiction of the county-court of the sheriff of the county aforesaid ; and also in this, to wit, that by the record aforesaid it appears, *hat the judgment aforesaid, in form aforesaid given, was gi- ven for the said A. B. against the said C. D. where- as by the law of the land, the said judgment ought to have been given for the said C. D. against the said A. B. And so the said C. D. says, that in the said court of the said county, false-judgment hath in di- vers instances been given against him in the plaint aforesaid ; and he prays that the said judgment, for the above and other defects in the record aforesaid, may be reversed annvdled and altogether held for nothing, as being false and of no effect, and that the said C. ]). may be restored to all things Avhich he has lost by occasion of the said judgment, &V. (5 108.) Joiiulor. ■ if And the said A. B. says, that the said record is in nowise vicious or defective, nor is any false-judg- ment given against the said C. D. in or upon the jjlaint aforesaid ; and he prays that the said court here may proceed to the examination of the said re- cord, and to tlie reformation and correction of the i'iilse-judgment, if any shall be found or appear to be given tiiertin, &c. But because, {isc.) [ 579 ] 3 record ;fcctive, n in and that the [lises and loned, is ippear in I- happcu- (urtofthc n this, to 5, *hat the 2n,vvasgi- J). where- lent ought [ist the said in the said hath in di- the plaint gnient, for aforesaid, lerheld for nd that the rhich he has "the said re- lation of tlie 3r appear to CHAP. XLIV. Of Replevin. H E forms in this chapter* may be divie»fory of I ■' ^ ' ' the gouds dis- Pp2 , day tra»u«u, M';fc: ''. 'i^ ill I "'pi' Chap. XLIV. MAKING AND day of in the year of our Lord 1 8 — , tn the dwelling-house, (6fc.) oi A,B. situate at in the county of , (and if the distress be made by a bailiff, say " by the authority and on the behalf of C. D") for the sum of /. being years rent due to me, (or, *' to the said C. Z).") at In the Dwelling-house. In the Parlour: One table, (&c.) ' last. :^ Wotice ot dis- tress. Ut.A.B. Take notice, that I have this day distrained (or, *< that as bailiff to CD. your landlord, I have thisi day distrained") on the premises above-mentioned, the several goods and chattels specified in the above inventory, for the sum of /. being yean rent due to me, (or, " to the said C. Z>.") at ■ — . last, for the said premises ; and that unless you pay tlie said rent, with the charges of distraining for the same, within five days from the date hereof, the said goods and chattels will be appraised and sold according to law. Given under my hand, the — day of in the year of our Lord 18 — . CM Witness R.S. (§ 4.) Take notice, that by the ordei* and on behalf oil The like, for C.D. I have this day taken and distrained, in ani the arrears of , , - i i i ii i - I a rent-charge. upon the farm and lands called m your occu^ pation, in the parish of in the county of - all the corn grain and effects in tlie inventory herei under written mentioned, for the sum of /. bej ing years annuity or rent-charge of l.p(\ annum, flue to the said C.D. at la^t, anj • charged on, and issuing and payable out of, certaij manori niano said p of wh areps of the the ex] the sai accord T whon Mem and agr trained i house, I shall con tels in t of having and chatj to dischj hereby said posi of— You, the gopc (the con] tory in accordir you God s / « CONDUCTING DISTRESS. manors, farms lands and premises called in the said parish of in the county of afqycesaid, of which the farm and lands fiyst skbove-mentioned are part and parcel ; and that unless the said arrears of the said annuity or rent charge, together with the expences of this distress, are paid and satisfied, the said corn grain and effects will be disposed of according to law. Dated, (wVf.) ■ ' '*^'ii :■ J • K.F. To Mr. ^. 5. and all . -T •= ^ ; whom it may concern. 511 Chap. XHV. *r I (V .;::.; (§5.) Memorandum of tenant's consenjt, to tf>A landlord's cpn- tiniiing in pos. seauiun. Memorandum, that I A. B. do hereby consent and agree, that C. D. my landlord, who hath dis- trained my goods and chattels for rent, in a dwelling- house, (S(c.) situate at in the county of , shall continue in possession of my said goods and chat- tels in the said dwelling-house, (fiCc.) for the space of days from the date hereof ; the said C. D. having agreed to forbear the sale of the said goods and chattels for the said space of time, to enable me to discharge the said rent : And I the said A. B. do hereby agree to pay the expences of keeping the said possession. As witness my hand, the — — day of in the year of our Lord 18 — . 4.B. You, and each of you, shall well and truly appraise (§ fi) the goods and chattels mentioned in this inventory, o^^^!*'"'^ ' (the constable at the same time holding the inven- tory in his hand, and shewing it to the appraisers:) according to the best of your judgment. So help you God. f '.:<■ i ^. ■ Pp3 Mono- ..li t: 582 \ Chap. XLIV. Mfmoriindum thereof. Form of ap- prauement. AUTHORITY FOR, AND Memorandum., that on the day of — — {n the, year of our Lord 18 — , G. H. of — r- and J. K. of two sworn appraisers, were sworn upon the holy evangelists, by me L. M. of constable, well and truly to appraise the goods and chattels mentioned in this inventory, according to the best of their judgment. As witness my hand. //. M. Constable, Present at the time of swearing the said G.H. and . ' J. K. as above, and witnes* ses thereto. N.O. r We the above-named G. If. and /. K. being sworn upon the holy evangelists, by L.3I. the constable above-nanicd, well and truly to appraise the goods and chattels mentioned in this inventory, according to the best of our judgment ; an I having viewed the said goods and chattels, do appraise and value the same at the sum of 1. As witness our hands, the day of in the year of our Lord IS — . G.ir. Witness J. K. R.S. . Sworn appraisers, (The two last forms are usually written on the | inventory.) {\ 9.) (to wit.) W, P. esquire, sberiff of the Deputation to (jounty aforesaid, to R. i ij ■ tieman: I do hereby grant reple- .\ ' , .• r ,• vim. appomt you one or ny deputies, ror mc^king or granting replevins within the said county, pursuant to CJIANTINO REPLEVIN, &(c. to the Statute in that case made and provided ; and for your so doing, this shall be your sufficient war- rant and authority. Given under the i;eal ol" my (oiRce, the day of — — 18 — . By the same shcjitt". George the Th'nd, {S(c.) To the sherifT of 5ii V IP. XLIV. 10.) greeting: We command you, that justly and with- ^|j'^ "f ^eiJie- out delay you cause to be replevied to A.Ii. his cat- tle goods and chattels, which C. 1). took and unjustly xlctains, asitissaid; and afterwards cause him to W. be justly Acmedied in this behalf, that yyc may ng " ^* longer hear any rlamour thereupon, for want of jus- tice. Witness ourselfat Westminslcr^iXw. day of in the year of our reign. George the Third, {^c.) To the sherilV of greeting: We command you, as before you were .■^^'"!\_ commanded, that justly, i(c. (reciting the former writ to the end,) or signify to us the cause, wherefore you would not or could not execute our mandate to you thereupon before diri;ctcd. Witness, (SCf.) George the Third, (6Cr) To the sheriff of greeting: Whereas we have oftentimes commanded you, that justly, &'f. (reciting tlic3 alias, to the end :) And you disregarding our aforesaid mandates, as we have heard, have not hitherto taken care to replevy to the said A. B. his cattle goods and chattels afoi'e- said, or at least to signify to us the cause wherefore you would not or could not do it, in manifest con- tempt of us and of our aforesaid mandates, and to the great damage and injury of the said A. B, at which we are greatly surprised and offended : We therefore command you, firmly injoining you, that P p 4 you (5 12.) Piurics. li- ^1 58« Chap. XLIV. « 13.) Plaint in re* plevin. (§14.) Replevin bond. AUTHORITY fOR, AND you cause to be replevied to the said A. B. his cattle goods and chattels aforesaid, according to the tenor of our aforesaid mandates to you thereupon before directed, or that you be yourself before us, on . wheresoever, (fife.) to shew why you have neglected to execute our aforesaid mandates, to you thereup. on so often directed ; and have there this writ. Wit. ness, [Kc.) ■ (to wit.) A. B. complains of C. D. in a plea of taking and unjustly detaining his cattle goods and chattels, against gages and |;ledges, £Cc'. /■ John Doe Pledges to prosecute^ and ' Richard Roe, Know all men by these presents. That we A. B. of W. G. of and T.S.of are held and firmly bound to W. P. esquire, sheriff of the county of , in the sum of /. ( double the value of the cat- tle orgoods distrained,) of lawful money of the united kii gdom of Grent Britain and Ireland^ current in Englandi to be paid to the said sheriff, or his certain attorney, executors administrators or assigns; for which payment to be well and truly made, we bind ourselves, and each and every of us in the whole, our and each and every ofourheir^i, executors and administrators, firmly by these presents : Sealed with our seals. Dated the day of (&"f.) The condition of this obligation is such, that if the above-bounden A. B. do appear at the next county-court, to be holden for the county of , at , on the day of next, and do then and there prosecute his suit with effect and without delay, lis cattle he tenor n before on— — leglected thereup- rit, Wit- tt we A. B. ire held and 16 county of leof thecat- tftheunited , current in r his certain ssigns ; for de, we bind 1 the whole, :ecutors and Sealed with such, that if at the next anty of > and do then t and without delay, OKANTXNC REPLtVIN, 5fc. 585 delay, against C. D. for the taking and unjustly dc- Cha?. taining of his cattle goods and cliattels, to wit, (here XLI V. set forth the cattle or goods distrained,) and do make return of the said cattle goods and chattels, if a re- turn thereof shall be adjudged ; that then this pre- sent obligation shall be void and of none effect, or else to be and remain in full force and virtue. Sealed, (SCf.) Know all men by these presents, that I IV. P. ($15.) esquire, sheriff of the county of , have at the Asxignmcut request of the within-named C. D. the avowant (or, *' person making cognizance^') in this cause, assigned over this replevin-bond unto him the said C. I). pursuant to the statute in such case made and pro- vided. In witness whereof, I have hereunto set my hand and seal of office, this day of IS — . Sealed, (SCc.) ■ - • .• ■ (towit.) W. P. esquire, sheriff of the county (§ le.) aforesaid, to the bailiff of the hundred of in Precept to r^, the said county, and to John Doe and , hard Roe my bailiffs, and to every of them, jointly and seve- rally, greeting : Forasmuch as A. B. hath found me sufficient security, as well for prosecuting his suit with effect against CD. for taking and unjustly detaining his cattle goods and chattels, to wit, (&V.) whicli the said C. D. hath taken and unjustly detains, as it is said, as also for making return thereof, if return thereof shall be adjudged ; therefore on be- half of the said A.B. I command you, and every of you, jointly and severally, that without delay you replevy, and cause to be delivered to the said A. B. his said cattle goods and chattels ; and that you im- mediately >i III 'mi i ii '. ;l| SSti Chap. (^ I") PtinijiiiiiK ijkit'rtou. AUTirnRITY Fon, A.vn , , ' nu'diatcly simmion the saitl C.J), to . pprar at my next countv-couft, to be lioldcii ut in aiui for tlic Ruid rounty» to answer tUv siiid /i'. />. in tlu* plea alorcsaiil ; ami in what ni.innir y«)ii shall huvf exe- cuted this precept, rertify to ma at my iwid next couijly-court, to be held at the time and place til'iiresjiid, under the peril attending? the net^lvct thereot". (iivfu under tli.- sc.il of my oflice, this ! day of • in the \ car of our Lord 18 — . (to wit.) By virtue of a warrant from the slieriffof the county of to uie directed, I sum- inon you to appear at the next county-court to ht Jjolden at in and for the coimty aforesaid, to answer //. />*. in a plea of taking and unjustly do. tiiininp; his cattle goods and chattels. Dated the day of 18 — . M.£.hsxm. To Mr. CD. (P8) G<^o/;i,'e the Third, (i.v\UAj,iun,s you, that justly and without delay you shpuld cause to be replevied to A.li. liis cattle goods and chat- tels, to wit, (&<•.) which C. D. hath taken and nnjust- ly detained, as it is said, according to our writ to you before directed, or that you should be yourself before us, on wheresoever, (Kr.) to shew why you neglected to execute our mamlates to you then-- u])on so often directed: And you at that day re turned to us, that the cattle goods and chattels aforesaid were eloigned by the said C. D. out of your bailiwick, to places to you unknown, so that you could in nowise replevy the same to the baid A. B. : I'hcrcforc we command you, that you take CnANTIKC REPLr.vm, iCc. asi take in tiwA< / namy the cattle gootls and c)»att"ls of Cit^p. the sold C.J), in your bailiwick, tc the value of the ^1-lV^ rattle goods and chattels by him the said C />. bo- .forctakrri, and deliver thciu to the said //.//. to be jit'ptbyhii I, untilthesaid r/). will deliver theafoie- sjiid cattle goods and chattels to the said ^i.Ii. : And in what marnier you shall have executed this our writ, make appear to us, on wheresoever, {^c) that we may cause to be further done thereupon, what of right and according to the law and custom of Jk^ngUnid we shall see meet to be done. We also command you, that if the said A.li. shall make you secure of prosecuting his claim, and of returniufjj the cattle goods and chattels aforesaid, if a return th<'ri'of shall be adjudged, then that yoti put l)y gages and safe pledges the said C. 1). that h«; be before us, at the time last aforesaid, to answer to the said J. li. of the taking and unjustly detaining of his cattle, goods and chattels aforesaid ; and have there this writ. Witness, (&.V.) •• •.. , ' , (to wit). W. P. esquire, high-sheriff of the (§ 19.) said county, to all and singular my bailiffs of the P''*''«pt m n*. said county, greeting : Forasmuch as <^/.i!^. hath found ikon'im, bytfac me su}t.cRMitsecuruy,as well to prosecute his plaint puiut. against C. I), for wking and unjustly detaining his cattle goods and chattels, to wit, ijic.) as to make return thereof, if return thereof s!iall be adjudged ; and thereupon, by virtue of my office, I have of« ten commanded you, and every of you, that you or some or one of you should cause to be replevied to the said A. B. his aforesaid cattle goods and chat- tels, which the said C. D. hath taken and unjustly detains, as it is said : And you, upon my several precepts of replevin to you directed as aforesaid, have ir . ,< 'W fq J U\ ais -%^mk^' AUTHORITY FOR, AND ■« f: r> If f ' ' Ghap. xuv. .i^- .-.< (§ 20.) Writ i/e pro- prietate proban- have certified, that the cattle goods and chattels iiforesaid are eloigned to places to you unknown, so that you cannot replevy the same to the said xi. B. : Therefore I now command you, and every of you, that you, or sorne or one of you, do take in wither, nam, the cattle goods and chattels of the said CD. to the value of the said cattle goods and chattels so e- loigned as aforesaid, and deliver the same to the said j1. B. for his cattle goods and chattels last afore- said ; ajid also that you put by gages and safe pledges the said C. D, so that he be and appear at my next county-court, to be holden at in and for the said county, on the day of next, to answer to the said A. B. of the plea aforesaid ; and that you or one of you return an answer to this my mandate, at my said next county-court. Given un(br the seal of my office, the day of :- [Kc] George the Third, (Sfc.) To the sheriff of ■— ,-. greeting: Whereas you werev'"oftentimes com- manded, that justly and without delay you should cause to be replevied to A. B. his cattle goods and chattels, to wit, (S(f.) which CD. had taken and unjustly detained, as it was said, or that you should signify to us the cause, wherefore you would not or could not execute our mandate to you there- upon before directed: And you disregarding our aforesaid mandates, as we were informed, neg- lected to replevy the aforesaid cattle goods and chat- tels to the said A. B. or to signify to us the cause wherefore you would not or could not do it, in ma- nifest contempt of us and of our aforesaid man- dates, and to the great damage and injury of tlie said A. B, at which we were greatly sur- prised GRANTING REPLEVIX^ i(c. 533 prised and offended: We therefore commanded and firmly injoined you, that you should cause to be replevied to the said y/. B. his cattle goods and chattels aforesaid, according to the tenor of our man- dates aforesaid, to you thereupon before directed, or that you should be yourself before us, on • wheresoever we should then be in England, to shew wherefore our aforesaid nmudates to you thereupon directed, you had so often neglected or been una- ble to execute : And you at that day returned to ns, that one P. L. claimed the property of the cat- tle goods and chattels aforesaid to belong to him, whereby you had not then been able to replevy the aforesaid cattle goods and chattels to the said ./. />*. and that no other writ for replevying the sdinv had been delivered to you : We therefore, being unwilling that the said ^. B. should by such false suggestion be defrauded of his cattle goods and cluittels aforesaid, whereby, if they belong to him, they cannot be replevied, according to the law and custom of England'y command you, that taking with you the keeper of the pleas of our crown of tlie county aforesaid, in the presence of the said C, 1). if he will attend, after being summoned by you in that behalf, you diligently inquire, by the oath of good and lawful men of your bailiwick, by whom, (6on formerly directed: And nevertheless, if tiiv; siiid Chap. XLIV. ■••*.•>».. ti;;" 'iTl! f^' 590 Chap. XUV. REMOVAL OF CAUSK iaid A. B. shall make you secure, (5fc.) then that you attach the said P. L. so that you may have him before us, on wheresoever, (^f.) to answer as well to us for his contempt m this biehalf, as to the said A. B. for the damage which he has sus- tained on occasion of the claim aforesaid : We like- wise command you, that you put by gages and safe pledges the said C. D. that he be before us, at the time aforesaid, to answer to the said A. B. of a plea wherefore he took the aforesaid cattle goods and chattels, and unjustly detained them, as it is said; and have there the names of the pledges, and this writ. Witness, (^t.) II ! fi (§21.) Pone by the fluiatitii. Gt'o/'^'-tf the Third, (Sfc.) To the sheriff of greeting : Put, at the pi'ayer of the plaintiff, before us on wheresoever we shall then be in England, the plaint which is in your county, by our writ, be- tween A. B. and C. D. of the cattle goods and chat- tels of the said A. B. taken and unjustly detained, as it is said : and summon by good summoners the said C. D. that he be then there, to answer to thf said A. B. thereupon ; and have there the summon- ers, and this writ. Witness ourself at Westminster, the day oi in the year of our reign. (§ 22.> Tlielike, by the defchduiit. George the Third, {Kc. ) Ta the sheriff of grec!ting : Put before us, on wheresoever we shall then be in England, the plaint which is in your county , by our writ, between A. B. and CD. of the cattle goods and chattels of the said A. B. taken and unjustly (i'jtained, as it is said ; anJ apprize the said A. B. tiiat he may be there, if he will, to prosecute hi» BY PONE, and RE. FA. LO^ 591 Ills plaint aforesaid against the said C. I). ; and hav«» Chai», there this writ, and the other writ. Witness ourself XLIV, at JVestminster^ the day of in the * year of our reign. And because E. F^ clerk of • sheriff of tlie county aforesaid, who frequently in the absence of the sheriff of that county holds the pica;* of the same county, is the kinsman of the said A. It, for which the same sheriff favours him the said A. B. in the plea afoi'csaid, as it is said; let this "ritbc! executed, if the cause be true, and the said C. D» require it, otherwise not. ■ »,-. . , r -v =^ * (to wit. ) Re. fa. lo. for (the plaintiff or (5 2r5.) defendant, naming; him,) of a plaint between A,B. ^'"f'P'- 'or ro- , , cordicnfittias I9, and C. D. for taking and unjus,tly detaining the cat- vw/aw. tie goods and chattels of the said A. B. attorn e}'. Returnable on . 18 — . George the Third, (^c.) To tlie sheriff of — .' ITT I ii.' fii Rccorditri flic greeting: We command you, that ni your full i„,juei,im,\ y county you cause the plaint to be recorded, which is ""' i''^"**^^"**"* in the saiiu; county, without our writ, between A. B. and C. 1). of the cattle goods and cnatteis of tlie said A. E. taken and unjustly detained, as it is said ; and that you have tiie said record before us, on ! wheresoever we shall tlien be in England, under [your seal, and the seals of four lawful knights of the I same county, of those who were present at the said recording; and that you prefix the same day to the Iparties, that they be then there to proceed in that Ifilaint, as shall be just; and that you have there |he names of the said four knights, and this writ. fVitness ourself at Westminster, tlie day of •in the year of our reign. ;' Let h ii U ' 592 REMOVAL OF CAUSfi Chaf. Let this writ be executed, if the aforesajid A. B, XLIV. require it, otherwise not. If the recordari be sued out by the defendant, there must be a cause assigned at the end of the writ, as thus : Because the said C. D. in pleadinjr asserts, that he took the said cattle goods and chattels in his separate soil, as doing him damage there, in which soil the^said A. B. claims to have common of pasture, as he says; which said plaint, inasmuch as it concerns the freehold as aforesaid, ought not, according to the law and custom of England^ to be impleaded in the same county, without our writ; let this writ be executed, if the cause be true, and the said C D. require it, other- wise not. Summons on re. fa. lo. as before, p. 586. (% 25.) ^y virtue of this writ to me directed, in my full Return to the county holden at in and for the county of| recordari, ^ ^^ ^j^^ ^^^, ^f -^^ ^^iQ year I of the reign, (SCc.) I caused to be recorded the plaint, which is in the same county, without the writ of our said lord the king, between A. B. and C. D. of the cattle goods and chattels of the sai4| A. //. taken and unjustly detained, as it is said; which said plaint appears in a certain schedule to I this writ annexed ; and I have the said record before I our said lord the king at IVestmin^iery at the day within contained, under my seal, and the seals of| E. F. (&c.) four lawful knights of the same county, who were present at the said recording; and I havel prefixed the same day to the parties within-named,! that they may be then there, ready to proceed inj thel BV RECORDARI FACIAS LOQUELAM. . the said plaint, as shall be just, and as I am witiiin commanded. The answer of sheriff. • (to wit) . At the county-court of JV. P. esquire, sheriffof the county aforesaid, held at in and for the said county, on tfic ^lay of in the year of the reign of our sove- reign lord George the Third, by the grace of God, (&V.) and in the year of our Lord 18 — , before £. F. (5("c.) freeholders of the said county, (amongst other things,) it is entered as follows: (to wit.) A. B. yeoman complains of C. I). of a plea of taking and unjustly detaining his cat- tle goods and chattels, to wit, (iSsV.) and also found pledges, as well tp prosecute his suit with effect, as to make a return of the said cattle goods and chattels, if a return thereof shall be adjudged by law, to wit, G. H. of and J. K, of . ; K,'. f 1 u By the same sheriff. fKii y^nh 6Vor^e the Third, (SCf.) To the sheriff of 593 Chap. XLIV. . ■■■■►■. ii - ■■ -* « (§ 26.) greeting : Put by gages and safe pledges, C. D, late p^ne, upon a of ,that he be before us,on wheresoever we '"°'^'''"''* shall then be in Enghmd, toanswerto A. J?.of aplea wherefore he took ilie cattle goods and chattels of the said A. B. and unjustly detained them against gages and pledges, as it is "Said ;and to shew where- fore he was not in our court before us, on last past, as that day was prefixed to him ; and have there the names of the pledges, and this writ. W\U ness Edward Lord EUenborough at Westminster^ the day of in the year of our reign. CI q George it;-, ' i i A 594 Chap. XLIV. (§27.) Dutrint^ns thereon. REMOVAL OF CAUSE :t ('■>: ik 28.) Capiat. (§29.) Prored'-ndo, where the re- cortlri'! is not letiirned. George the Third, {ike.) To the sheriff of greeting : We command yon, that you distrain CD. late of , by all his lands and chattels in your bailiwick, so that neither he, nor any one by him, do lay hands on the same, until you shall have ano- ther command from us in that behalf, and that you answer to us for the issues thereof, so that you have his body before us, on wheresoever we shall then be in Hiiglaud, to answer to y/. B. of a plea wherefore, 5("f. (as in the pone, to the words" as it is sftid,") and to hear judgment thereupon of his nja. ny defaults ; and have there this writ. Witness Edn, ward hotdi Ellenboroughf {he.) . '• George the Third, (Sfc.) To the sheriff of ■ greeting : We command you, that you take CD. if be shall be found in your bailiwick, and him safely keep, so that you may have his body before us, on wheresoever we shall then be in England, to answer ^. B, of a plea wherefore, il?rf,under your seal,and the seals of fourlawl'ul men of the same court, who were present at that record- ing; and prefix the same day to the parties afore- said, that they be then there, to proceed in that plaint, as shall be just ; and have there the names of the said [fourlavyful men, and this.writ. Witness oiirself at Westminster, [kc.) Because the said C. D. is bail- iff of the aforesaid of his court aforesaid, and Iholds pleas in the same court, and ought not to be a [judge in his own cause •, let this writ be executed, Q q 2 if • j ,:'f m n r i«i .9M REMOVAL OF CAUSE, iic. Chap. (§ ni.) Prnrcdendo thereun. if the cause be true, and the said A.B. require it, otherwise not. .■: ».' ^for^-e the Third, (&V.) To the sheriff of greeting : Whereas by our writ we lately com- manded )ou, that taking with you four discreet .and lawful knights of your county, you should go in your proper person to the court of and in that full court you should cause to be recorded the plaint, which was in the same court, without our writ, between yl. B. and C. D. (5Cf.) and that you should have that record under your seal, and the s^als of four lawful men of the same court, who were present at that recording, and prefix the samo day to the parties, that they should be then thereto proceed in that plaint, as should be just, and that you should have there the names of the said four lawful men, and that writ; because the said C. D,\ was bailiif of the aforesaid of his court afore- said, and held pleas in the same court, and ought not to be a judge in his own cause ; and that the said writ should be executed if the cause were true, and the said .^.^. required it, otherwise not. And you on that day returned to us, that by virtue of tiic said writ to you directed, on , taking with you four discreet and lawful knights of your county, you went in y our proper person to the court of then held there, and in that full court you caused the plaint to be recoi'ded, whereof mention is made! in the aforesaid writ ; the record of which said plaintj annexed to the said writ, you had ready before us atl the aforesaid day, under your seal, and the seals of I four lawful men of the s^me court, who were preseritj at that recording j and that you had prefixed thej w samel DFXLArlATlON. «ame day to the parties aforesaid, as by the said writ you were commanded : Which said record follows in these words, to wit, A.li. complains against C. D. of a plea, 5fc. (here copy the record) : And for di- vers causes us thereunto moving) it was considered in our same court, that the said (the lord) ought further to proceed in the plaint aforesaid, be- twedn the parties aforesaid : Therefore we command you, firmly enjoining you, that you give in charge to the said thathe proceed further in the plaint aforesaid, according to law and the custom of his manor aforesaid, our aforesaid writ to you thereupon directed in anywise notwithstanding ; and that he render to the parties aforesaid full and speedy jus- tice in the premises, according to the cust .>m afore- said) as of right and according to law and the custom of the manor aforesaid, shall have been used to be done. Witness Edward Lord Ellenboroughf (&c ) 59t Chap. XLIV. K t I A.B. c next after is given to the (§ 32.) plaintiff in replevin to declare, other- R"'e to de- wise let there be a tcturri of the goods. v;..■'^:^a^^^^.:.i.^.i■.^ ...;.,:. 'S . E^^ered. -v. ' -- In the King's Bench* AU term, (&V.) (§33.) (to wit). C, D. was summoned to answer -^.i?. Declaration in of a plea wherefore he took the cattle goods and chat- *^ **^"'' telsof the said A. B. and unjustly detained the same against gages and pledges, until, 6Cc. ; and thereupon the said A. B. by E. F. his attorney complains, that the said C. D. on the -^ — ' day of in the year of ; ' our Lord I S — at the parish of inthe county of / in a certain dwelling house there, (or, " ina cer- Q q 3 tain ' If li 'i' h t;' 5!?8 ' Chap. XUV. Pita of nun ctfit. PLEAS. t tain place there called ,") took the cattle good» and chattels, to wit, {iic.) of thesaid A. B. and un- justly detained the same against gages and pledgee until, S(V. A\'hereforc the said A, B. says that he is injured, and hath sustained dainagq to the value of /. and therefore he brings his suit, ^'csv tjio r • And the said C. D. by his attorney, comes and dtifends tlie wrong and injury when, Kc. and says that he did not take the said catthi gooJs and cliuttels in tiiu said decla- ration mentioned, in manner and form as thesaid A. B. Imtli above thereof compJiiined against him: And of this he the said C. D. puts himself upon the country, &V. Its. I c. n. ats A ;f'';-o; rir! {','<■ ir^'*« (§ 35.) Cfpil in alio lo- co, witl) Mil ovoury tufOg- ^i^ancf I'or a rfturii. CD. "jAnd ats, V coil J.B ^ jur (§36.) Avowry or f')r lidniiit^e Jrasunl, Oil ft freehold. d the said C. D. by G.//. his attorney, comes and defends the wrong and in- ry when,5iV. and prays judgment of the d(?fclaniti(in aforesaid ; because he says, that lie took the cattli! goods and chattels aforeaid in the parish of , in accrtain place tiierc called , in the coun- ty aforesaid ; without this, that he took the aforesaid cattle goods and chaLtels at , in the aforesaid place called , as tlie said J. B. by his declaration aforesaid hath above supposed; and this he the said CD. is ready- to verify, wherefore he prays judg- ment of the declaraticu aforesaid, 5Cf. And for having a return of the said cattle goods and chat- tels, the said C D. well avows (or, *' as bailiff of G. N. esquira, well acknowledges") the taking, &c. (as in the next form.) , ,? v . , .• i C. D. -J And the said C D.hy G. II. his attorney, ^^^- I comes and defends the wrong and injury J when, SCr. and well avows (or, '* as bailiff of . V .• , G. N. AVOWRIES, 5ff. , G.N. nrell acknowledges") the taking of the said cat- tle, in the said place in which, &(c. and justly, ^c. Bbcausrthe saith,that thisaid pliicein which,3/ (;ti>. A. B. I And the said yf. B. says that the said C. D. (§ ^n.) f^"^' \. by i'cason of any thing in his said avowry ?!'^" )" ^" ■ J (or cognizance) above alledgedjOiij^ht not to avow (or, *' as bailiff of the said G.N. to acknow- ledge") the taking of the said cattle, in'the said place in which, Hie. and justly, fiCc. Because he says that the said place in which, 5Cc. now is, and at the said time when, $ic. was, the close soil and freehold of him the said A. B. and not the close soil and free- hold of the saidC. D. (or, " G. iV.") in manner and form asthesaidC. i). hath above in his said avowry (or '* cognizance") in that behalf alledged : And this he the said ^..t^- prays raay be inquired of by Uie country, 5(t\ , , - ats A DA s. I And the said C. D. by his attorney, (§ 38.) comes and dtjfends the wrong and injury Avowry or I ' d/ J 11 ,'■ i, ,.,.*!,. co,i.'iuzaiict; for ^ ^ when, «c. and well avows (or, '* as badift reut, oustat, of -6. A'; esquire, well acknowledges") the taking of ]\^- ^'^•^•i*- Q q 4 the I 1 1 ( 'ti i'l; II 600 AVOWRIES AND Chaf. XMV. V 7? It'J 111 ••>(■ the saiil goods and chattels in the said declaration mentioned, in the said dwcUlng-housc in which, iic. (or if not mentioned in the declaration, " in a certain dwclling-houte, situate and being at the pa- riiih aforesaid in the county aforesaid/') and justly, He. because he says, that the said /I. B. for along space of time, to wit, for the space of — — next before and ending on the day of in the year of our I.ovd 18 — , and from thence until and at the said time when, JCc. held and enjoyed the said dwelling. house in which, 5Cr. with the appurtc nances, as tenant thereof to tL said C. D. (or, " G, Ny) by virtue of n certain demise thereof to him the said A. It. theretofore made, at and under a certain yearly ront, to wit, the yearly rent of /. payable (juiirtcrly, on the day of , {Sr in the year aforesaid, and from tliciuo until and at tlie said i.me when, ^V. were due and in arrcar from the said //. B. to the said C. D, (or, " G. A'.") ]je the said CD. well avows (or, " as bailitr of the said G. N. well acknowledges") the taking of the said goods and chattels, in the said (Iwclling-house in which, fiCf. and justly, Ssc. as for ■ and in the name of a distress for the said rent so duu and in.iirrear as aforesaid ; and which said rent still remains due and in arrear to the said C. D. (or, '* G. .v.") And this he the said C. D. is ready to verify, wherefore he prays jud<^ment, and a return of ilie said goods and chattels, together with his damages, Kc. according to the form of the statute in such case made and provided, to be adjudged to him, 5iV. If icclaration in which, on, " in a 5 at the pa- and justly, . for a long ■ next — — . in the until and ai fell the said |»c appurtc C. D. (or, se thereof to ; and unclev a •entof •'• f , i^c.) >rtions : Aiul 1 for the said the said - — \ from thcnc were due and aid C. D. (or, ^ows (or, " as wlcdges") the s, in the said tly, Ssc. as for. aid rent so due I said rent still >d C. D. (or, /;. is ready to t, and a return ether \vith his of the statute ,e adjudged to If C0OK!«AKCE», l(c. ^ -fiiH If part of flic rent has been satisfied, say *' And CttAi*. because /. {)arcel of tlie sum of /. of the XllV. rent aforesaid, for tiie said space of ending utt aforesaid, on the said day of iu tlie year aforesaid, and from thenee until and at the said thne when,6(V. were due and inarrearfrom the said yL li, to the said C. D. (or, *' (;. iV.") the residue of the said sum of /. of the rent uloresaid having v beiiiio A. U. ") And the said A. B. saith that the said Q. D. (? J") Pi'ens ill bar vl reto, c/s by reason of any tiling in ins said avowry ^j^'* (or co>>ni/antc) above alledijed, ouijhtnot '•*'• ""'i ''■nulr, ; ,/ , ... ' ,. , . , ,, X. ni.d MIy no to avow (or," as baililt ot tlu SUnl ir. I\. to ac- rout in arrcur. knowledjie") t)i taking of the said goo;ls and chat- tels in the ^aid declaration mentioacd, in tlie said flyvoUing-house in which, tVr. and justly, S(i\ v Ikcause he '. did not ' ' ; hold or enjoy the said dwelling-house in which, JK'f. .• with the appurtenances, as tenant thereof to the said C. I), (or, '« the said G. Xr) under the sup-' posed demise thereof in the said uvowr^ forco"-- nizance) Uientioned, in manner and for n as the said C. I), liath above in his said avowry (or co"-- nizance) in tliat behalf alledged : And this he the said A. B. prays may be inquired of by the coun- try, Kc. And for a further plea in this behalf, the said -./. //. by leave of the court here for this pur- pose first had and obtained, according to the furrri of the statute iu such ra^e niade and i)rovii.!ed,^ . ... . . . i . .. ' ,«..',, saitli li ■*.l »S I. €0is Chap*. XLIV. r-nue. salth that the said C. D. by reason of any thirig ia his said avowry (or cognizance) above alledged, ought not to avow (Or, *' as bailiff of the said G. N. to acknowledge") the taking of the said goods and chattels, in the said du^elling-house in which, SCc, and justly, S(c. Because he says, that no part of the said supposed rent in the said avowry (or cogni- zance) mentioned, was or h in arrearfrom the said ^i. B. to the said C. D. (or, " G: N") in manner And form as the said C. D. hath above in his said avowry (oi- cognizance) in that behalf alledged: And this he tlie said A. B. also prays may be in- quired of by the country, iCc — term, (the term of which the! declaration is intitled,) in the —'— year of the reign ol •.'*- king GforiTf the Thii-d. V <'^ *«} '- to wit. C. D. was summoned to answer A. B. S(c. (as in the declaration, to the end.) And the said C. D. by G. H. his attorney, comes and defends the wrong and injury when, 5fc. (copy- ing the pleadings :) Tlierefore it is commanded to the sheriff, that he cause to come before our lord the king, on wheresoever our said lord the king shall then be in Eyiglaud, twelve, 5sV. by whom, Ike. and wlio neither, Skc. to recognize, ^c. be- cause as well, &V. the same day is given to the par- ties aforesaid, 6Cf. ...,,.■....*. , „,;.. ,, ,,.,,.. The jury-process and record of nisi prius in re plevin are the same a.^ in other cases, except that the plea or action is described as " a plea of taking and unjustly detaining the cattle goods and chat- tels of the said A. Br ' • "" "• Aftcrwarflsl k men »hd ag-aii befbi partie ^. B. suage purtei virtue. C.Da And as parties oath ai within arrear CD. «n pleaj (As II issues, said, a| the fori vided, »um of the vail upon tijl arrears tels disl TherefJ >»,:■• - •■■■: thing irl alledged, lid G. N. roods and hjSCc.and art of the [or cogni- ,m the said in manner in his said ailed ged: I to'ansvrei and.) rney, comes , SCc. (copy- landedtothe our lord the ord the V'wi by whom, ize, S^C. bc- into.the par- si prws in re , except that pica of taking aods and chat- .^ Ifi^tY^!, P03TEA9; -4ctXk ' ;_• Afterwards, ti(c. (as before, p. 238.. to'thc T^ords ** tried and' sworn," andthen as fol.owb:) — say upon thte?r oath, that the said C. I), did take the within- mentioned cattle goods and chattels, in manner afid form as the saifd J. B. hath trith-in complained against hin» ; and tliey assess the damages, i(c. (as befbre, p 2'f7.)' - • ■ • .!■ • • ■ • I » 1) J I ,;.. ■ .'.•- .' . ;' ;!i» ■ :.» . 'i — as to the first i«sae within joined between the parties aforesaid, upon their oath say, that the said >/. li. held t^nd enjoyed the within-mentioned mes- suage or dwelling-house and premises with the ap- purtenances, as tenant thereof to the said C. J), by virtue of the within-mentioned demise, as the said C. D. hath within in that belialf in pleading allo;Iged : And as to the last i§sne within joined between the parties aforesaid, the jurors aforesaid upon their oath aforesaid say, that at the time in t!iat behalf within mentioned, the rent within specified was in arrear and unpaid from tlie said A. />. to the said C. D. as the said C. D. bath within in that behalf in pleading alledged : Tliercfore, &V. .... ..!.,. (As in the last, to the end of the finding upon the issues, and then as follows:) And tlio jurors afore- said, at the prayer of the said C. D. according to tlie form of the statute in such case made and pro- vided, having proceeded to inquire concerning the »um of the arrears of the rent withui specified, and the value of the cattle goods and cliattels distrained, upon their oath aforesaid say, that the sum of such arrears was /. and that the cattle goods and chat- tels distrained \yere of tlie true value of /. : Therefore, i^'i:. 60S Chap. XLIV. (§41.) Ported for the plaiiitti)',uunoa cepit. {§ 42.) The like for th« defendant, on several isiiiu>i>. (§ 43.) Tlic like, on stif. llCufAl. c. 7. J 'fi m I ' The 104 Chap. xuv. " \ t§4a Jwrlgtnent for ^^ inL dicit. 1 n wtiicb will next be •ntjudgro^" in r'P,"";ifF„t defendant; and given, a« e''''"f°'*!£ f rvetu.n of thecat. L the latter, they «e e,*er for ^^^^^ ^^ costs are super-added by th" , „«„.hear- tears of rent, oi - /- , n. c.l- -ned,cnthes.aute.lC- ^^^^^^^^^ ^r:towit.^.i'.pn--^"P^;^-/and«n. --^-'-^-'-^rariTsalllUoftl.. j-'>''f"l*';^-d pledges, sec. '° '1 at the suit of the said A. b. a n. his attorney, at tn i„0>epleaaiorcsa.^. ^^ ^^^ „,a .o an,«er , ,0 «it. t- ■"■ ,. copy the de- ^. ,. of a ploa «l-=-ff • titn a nel line a. I fo\lo«sO , g ff/his attorney, eom« • And the sa,d C. D. h> 0^ _ ^^^^^^ jj,. ,„d .„d defends *e «™S :^,::L of the said actio. ,.,..„tlnng.nh.o.pre^ ^^^^ I of the sa,d J. "■ , Inst the sa.d C. U ■ „„i„. .herein "■*^"7„, |„ „ recover aga.ns. wherofoio the siud A. 1>- = •„„ of the taVms . tsaidC./).K.d-»8-: XgoodsandohatJ .„d unjustly do.»u»ng ot *. c g^^_^^_^_ ^^^ ^ I tels..W.l:B"; --:;.,„. of inquiry re. bd-ove, p. "«!>. «''• """""'' tutnaU.| JUDGMENTS FOR DEFENDANT, Kc. 60$ If, and thecat- iges and VIU. c- r the ai- ,ods disf of which ,d,)mthe g Georgt ard Lord ;Khisat- g and nn- ttels of the 'c. n his place i said A. i>'. a to answer :opy the dC' new line as jrney, conv^s hen, SCcandi he said action d J. ■»• ^^- le said C iJ] jcover against! nofthetaVmg oods aftd chat^j known, i^c. (as t of inquiO' '^'' turnablel turnable on a general return-day, wheresoever, Chap. The judgment for the plaintifTln replevin, ondc, murrer or verdict, is the same as in trespass, or other action for damages, for which vide ante, p. 272, He. 276, SCc. to wit. C 7). puts ih his place G. IT. his (§ 45.) The like for attorney, at the suit of A. B. in a pica of taking i," d.'ifJ'utknt and uniustly detaining: the cattle goods and chat- <"r » return, ,.1 ■ 1 / I. • III f &V, ona«ort- tels of the said A. B. igamst gage^ and pledges, ikc. prosiw want of a declttraiioa. to wit. C. D. was summoned to answer A. B. of a plea vvlierefore he took the cattle goods "d dhattels of the said A. B. and unjustly detained . against gages and pledges, &V. And there- ' upon the said C. D. in his proper person, offers himself on the fourth day against the said A. B. in the plea aforesaid ; but the said A. B. although so- . lemnly called, comes not, but makes default, nor does he further prosecute his writ against the , . " said C. D. Therefore it is considered, that the j,„5,rtnent said A. B. take nothing by his said writ, but that ^'«"''**' (^«-^ he and his pledges to prosecute be iu mercy, S(c\ and that the said C. I), do go thereof without day, A-c. and that he have a return of the said cattle goods and chattels, S(c. : It is also considered by the court here, that the said C. J), do recover against the said yl. B. /. for his costs and charges by him laid out about his defence in this behalf, by the said court here adjudged to tiie said C. D. and with his assent, according to the form of the sta- I tute in such case made and provided ; and that the Execuiion. said C. D. have execution thereof, b(c. . ; j • ' (Entry *\- I ■^fV 606 - JUDGMENTS FOR PEFE^TDANT ' ..nf attorney for^o^'- P^'^-'*' (Entry of warrants ot attorn j, a. before, p. 604.) ^^^ ^^^^^^„,,d to answer ..to Wit. ^' ^' .^.^ A olcrivt.ion Chap. >:uv. (.)46.) . ..to Wit. i^. -^; ^nnvthed-claration inbnrjwitu ^^^ avowry or cognizanc , ,nd uritof .n. . ^ 7).prays that the »aiu quh y of da- ^„^ ,,pon this the said L j ^^^^ ~'^^^- ,. ^.i^.niaypleadmbaroth^sa^a y^^^^^^^^^^ ■:iV... .iza.ce); andtherei^on^ y ;g.^__ ^,_ , ,;:.u.,c ^^, 2?. before the lord the king :;:-;:l .ever the said 1^ 5 land, that is to say, "^, ,,gni,anee) , SC^- the in bar of the said avo^.ry (m c g^ ^^^ ^^ ^^.^^ same day is given to the sa • ^^^^.,,„,-,,,,,, ^^^'^r:5v^:ti:« tomes the said C.y--- J in the plea atore- offers himself asain.tth^sa^.^.j^ ^^_^J ^^„„,^ said; but the satd ^ B- ^^ ° ;„, hath he pleaded comes not, >>"' makes defeuU," ^^^^^^^ i„ „ar of the said .vowryjo on ^^^ ^^^^ ^ ^ ,,e further P--™'=. J^J'^^ft the said J. B. take Therefore it .s '''";"'" "^^^^^t he and his pledge, nothing by his sa>d wr^, b«t th ^^^ ^^^ ^_ ^^ to prosecute be m merey , &'■ »» ^^^^ ^ •'»«°''T:::-rgS:::dl.eisaforesa.^^ ^v1t^:ul• consider^, j^--t C./).cuglUtoreeover3ga,u^*^^^^^ damages on oceasion of the p ^^^^.^^^ .„ ^^ ,„„>. „,e form of the ^'^^' ^^^^,^,^, delay he ea..e n.anded to the »her.rf, ^^ ^^.^ ,„ ,, ,e,urned ,he -">'ef -"^„t : he do not deliver then, .:- ,othcsaidC. 7)-,amitu d without the writ on the complaint of the satd^.B.- ^j JiulpmPnt : parties, \t the said y (or cog- to the said where- ,e in Eng- B, to plead :c), SCf.the At which 7estminsler, jresaid, and eY>leaafore- mnly called, h he pleaded :e), nor does e said C. D- '■ id J. B. take id his pledges the said C. D- hat he have a tels aforesaid, that tbc said vaid J. li- ^'^ ,, according to fore it is coni- dclay he cause \ to be returned t deliver them, ^vithouttheNVvit 01 - f FOR A RETURN, Kc. ' 607 of the said lord the king, whicli shall malvc express Chap. mention of the judgment aforesaid ; a^ul in what XLiV. manner he shall execute the writ of the said lord the king, he make appear to the tz^A lord the king, on wheresoever, (&V.) It is also commanded to the sheriff, that by the oath of twelve good and - , lawful men of his bailiwick, he dil. gently inquire what damages the said C. I), hath sustained, as well on occasion of the premises, according to the Torm of the statute in such case made and provided, as . *: for his costs and cliarg^'s by him laid out about his defence in this behalf ; and that the inijuisition ,^ which the said sheriff shall thereupon take, he make appear to the said lord the king, at the time aforesaid, wheresoever, &"c. under his seal, and the seals of those by wliose oath he shall take that in- quisition ; and that he have there the names of them by whose oath he shall take that inquisition, toge- • thcr with the writ of the said lord the king to him thereupon directed; the same day is given to the said C. /). &c. .>,...,..: .,>.....- ,.,„^: --^ . . (Alter the judgment for a return, proceed as fol- (!) *7.) lows:) And hereupon the said CD. freely here in '^^^^^^^f' ^* ' ' •'a remittitur court remits to the said yi. B. his damages afore- dumna. said ; therefore let the said A. B.he acquitted there- of: And it is further considered L^ his majesty's court here, that the said CD. do recover against ^ the said //.J?. /. for his costs and chargeS;, iCc. , (as before, p. 605.) ..:m: •*•(? :„ '.-i-zt ...ii /«i -T-fii-v a ji\ A;, — -^. — (Entry of warrants of attorney for both parties, (5 4«,) las before, p, 004 ; and j^fter entering the proceed- Thoiike, oa (leiriurrcrlo a ings, to the end of the demurrei-book, go on .s pfcalubar! follows :) At which day, be%e our said lord the king VVv «0S CiTAP. 3v.d|:trcnt. >i • »■■ * (5 49.) Hic like, on vci'dict. JUDGMENTS FOR DEFENDANT ♦Vionarties aforesaid, by tVeir attornies atoiesaiu , ^^^ ^^ ^^^^ ,„id lord the king now ^-^^ ^"^ ,„a, it ap. mature dei.berat.on ''-g If '^^^ ^,, .aid v'- pe„s to the sa,d c-^ ^-;,: „„,aed in W of .f the sa,d A. ^-b J „,„,,,-,,, „„d .hema,- tho avowry (or cognu^nct) .,„„,i„tato tets therein contamcd, a.e n ^„„ac.!ging) 1. Af » fromavowmgloi,ackn d bar the sa,d C. /J. tro ^^^ ^j^^^^^j,^ ,„ the taking of the sa.d o. tie g ^^^^^^^.^, ^ ^ theraidplacemwh.oh.SUtob J .on.^dered, H.th above aUedged^Jh"*; ^^^ ^^ „,., that the said A. H- »»•■ „„,eciite be m mer- b„t that he and hi, V^'^^^^'fZ .t-"cof with- ey, .V. and *at the .a,d C ^ ^ ^g^_^^_^ ^^ ^^^ ^^^ "-' ''''\ '''dtat • aforesaid, to hold to him u- rie goods »d chatte ^^ ^__^,_^ ,„ ^ .epleviseable to ever a _^_^ ^^^^^^„„ „> against the said A-b. " j^^,^ „f ,i,e statute, the premises, a"""^'"^'" „ded to the sheriff, *t ""='^1 1 rTet-eXto t^e said C D. to teU aforesaid, to be r .. aforesaid -, and '■"'V"'""::rt:(:t:fo:e.p.eor) ,, inwhatmannel,^t. V " . o«A then as follows-.] I Therefore it is '^""^■''•'P' . ; . but that he and \^A notliingbyhiswritaioesad ^^^^^ p,eages to Vl'^:;;ll^::Z^U.„ KC-, and that ,aid C. D- Ao go theieot ^^^ ^,^^,j„y be have a return of the ™«'^ S ^^^ ^^^^^ .foresaid, to hold "> ^im irrep^e ^, ^^ ^„d itisfutthercons.dered.that ton THE ARREARS OP RENT, &C, 60» said, "by d sin;;u- irt of oar ood, and .1, it ap. said pica in bar of the mat- in law to iwle.lging) ;hattels, in esaid CD. con?-dered, 1 said writ, ; be in mer- hercof witli- n of the cat- d to him ir- ht to recover I occasion of F the statute, e sheriff, that lods and chat- said C. D. to foresaid-, and ;n as follows:] laid ui. B. take that he and his >. and that the I y, iU. and that I ,ds and chattels ?ablc for ever;] saidC./>.dore.j coverl cover against the said A. B. his damages aforesaid, by the jury afoi'esaid in form aforesaid assessed, and also /. for his costs and dharges aforesaid, by the court ofour said lord the king now here adjudged of increase to the s^id C. D. and with his assent, {According to the form of the statute in such case made 9nd provided; which said damages costs and charges in the whole amount to 1, and the said Mercy, A. B. in mercy, 4Cc. Chap. XLIV. (5 50.) Thelike,fc t/i« arrears of reut, ie said county of , in a certain place there died , and that he took the same as bailiff of -R« E.F, 'v;'i 1 ■.,)•! I n 6l0 Chap. xuv. Ul *. t?' next before and -f^'^^''J^'\^^^ fvom thence unu\ the year ^^ ^"'^ ^7 '. 'le Roods and chattel., ,Het-,meonaUingthesadc leg ^ ^^. ^.^,^ held and en,oycd the saul ^^^^^^ ^^ the appurtenances, amonj..^^^^^^ ^^^^^^^^ ^^^^ ^^^^^^ thereof to the said i^- ^- ^^^^ ^^^ose the sum rentof ■— '• '^''y'^'^^Z^.U for the said space „e_/. oftherenta o^e^^d t ^^^ ^^., _ aay of enrUngas afcnesaid "^ ,^^,,,e un- :^_int.ieyearaf^re.u^^^^^^^^,^g,,, :' til and at the time ^^^^"nd unpaid from the saxl :. and chattels, — -rea a„J^ J^ ^ ^^ ^^., -,, .'. J B. to the said i2- . ^ ■ ' ^ ^nd chat- s.id rent so due and n. anca ^^ ^^^ ^^„, C. ». according to the tor ^^.^ ^^ ^^^ ^^„j easemade and F»-de ' J^^ ,,, ,^,ff of — , lord the king, to be d.rccted ^^^_^ ^^^^^^^^^ to inquire of the .um n a>-ar^ ^_,^ ^„,.,,u , ,„d of the value of the catt e g ^^^^^^^^^ , .foresaid, ^Y;/^: .rsherUV of — «'-! H is commanded to thesa. ^fovesaid, according to the /orm o l-c » ^^ ^^^,^,^ „ . he diligently -"1",iiwfclt, how n,ucl> of the ,„d lawful n,en of h,s ba hw.U. ^^ ^^^. ^^ ^^^, j, 1 yearly rent -f°'f^' f *:,i, ,„d chattel., was « Uingthe -dcatde',^„,,„„eh the said caUb arrear and unpa.d, and n ^^^^^ ^^ j, . goods and chatte s so as ahr ^^^^^ ^^^^^ ■ "-^'^ "^'^Tlt^tir ; UUU which the s-J the same; and that the mi ^^^.4 ; ; of-— f in ;nce unti\ I chattels, Kc. with , as tenant the yearly J the sum said space I — -^iiy thence un- attle gootlH •om the said J). as'haUilV ,cls and cluit- ;ress i"ov tlie said J- B. to pontile said atutc in such it of our said leriff o^ "< ■ent aforesaid, . and chattels iCc. Therefove ^f _-, that :ute aforesaid, ,f twelve good r much of the taking and dis- rhattels, was in the said cattle 1 taken and dis- ,he true value of which the said shefit^j rOR thE ARRtARS Of RENT, &C. sheriff shall thereupon take, he make appear to our said lorii the king, on wheresoever our said lord the king shall tiit-n be Englandy under his seal, and the seaU of those by whose oath he shall take the said inquisition; and that he have there the names of thtin by whose oath he shall take the said inquisition, together with the writ of Our said lord the king to him thereupon directed ; the same day is given to the said C. D. &c. At which day, before our said lord tlic king at IVcstmmster, comes the said C. D. by his attorney aforesaid ; and the she- •' 611 Chap. XLIV. riffof- to wit now here returns a certain inquisition indented, taken before him at in ' % the said county, on — • — the day of in •< s the year of the feign of our said lord the king, ' . by the oath of twelve good and lawful men of his county ; whereby it appears, that the sum of /. ^^ '/ of the said yearly rent, was in arrear and unpaid, and due and owing from the said A. B. to the said ' C. D. at the time in the said avowry (or cognizance) tnentioned, and of the distress, taken ; and that the ..„• * cattle goods and chattels distrained were worth, ^'' y Recording to the true value thereof, the sum of ■ '• ■ /. Therefore it is considered, that the said jmiffmint C. D do recover against the said A. B. the said sum *'S»'-''>» i,^^*i t)f /.being the arrearages of the said rent, by - ^ the said inquisition in form aforesaid found, and also •■ ' '- - — /. by the court of our said lord the king now here adjudged to the said C. D. and at his request, for his costs and charges by him laid out about his defence in this behalf, according to the form of the , / t [statute \\\ such case made and provided ; which said arrearages costs and charges in the wliole amount |to /. and that the said C D, liave execution Execution. thereof, isc, R r 2 ' There- -m^i iil' ri kJ " 1 ' Chap. XLlV. where th« goods ate found to b« of lets value than Execution! jUDCMENli roU »E*» .. ^n.Hered, that the said C./?.<1« '1 l»ercfore it i. <^«"'*'^^"^^^' ^^^^ ^^a '• P»'^''» recover ngainrt the sai • • . • i^i^n in form ,f ,h tent aforesaid, by tl^^ci q ^^^^^ ^^^^^ aforesaid found, and also „ J ^^ ,„ ^he said «id lord the king now h re adju g ^^^ ^^^^^^^^ C.i;. and at his re,..st^^^^^^^^^^^^^^^^ value costs and ^^•- ^^^ "^ 1 ::ho e t:!^^ - -^i^ -d th. S;^;::i:^e—. thereof,.. >» bar. f uttornev for both parties, I Fntry of n arrants of attorney lo » Thci.ke. for a. before, p. <>0**') tn answer want of • pi" . ^ /) was summoned to answer _- to Wit- r. 7^. w ^hedeclar^w ,„,o ./. B. of a plea, ^^-J^^^V^^j^ proceed us lion, and avowry or cognizance, I follows-.) p,ays that the said V And upon this ^^^^^/^ j^^^^owry (or cog- ,/. B. may plead m ^ar °^",„ ,i,e end of the ,i.auce), K. (as before p. 06^ ^^^^^^.^ ^„, 3,agmenttor a -^'/f^^^ ,« the form of hereupon the sa.d CJ^-^ and'provided, prays f otfnrnev for botli parties, (,„„y of wanan .of a™. ^^^ ^^_^^ follows) , , the king atl I.- 1 .u^ before our said lord tne suig i • At which day, ^^^ ^^ .^f„,esaid, by theitl ^^'^'^'^^"*^'^'^^' "T- X'tpon all and smgulat attornies aforesaid; and here l ^^^ the piemises being --' ^^J;^^^^^ ,, ,, consi to the word -allcdged. ) A n«.ieio . The like, on df njurrer to a pica in bar. dcred, tl writ, bui in mercy without < according made and the king, county < cattle go< sheriflF is good and inquire, 1 were woi cording ( tion whi< make apy jury find at the til accordin (Totl There FOR THE ARREARi Of RENT, &C. dcred, that the said A. B. take notiiing by his said writ, but that he and his pledg(;s tu prosecute be in mercy, He. and that the said C. I), do go thereof without day, ^c And hereupon the said C. D. according to the forai of the statute in such case made and provided, prays the writ of our said lord the king, to be directed to the sheriff of the said county of , to inquire of the vaUie of the cattle goods and chattels aforesaid: 'J'lterefote the sheriff is commanded, that by the oath of twelve good and lawful men of his bailiwick, he diligently inquire, how much the said cuttle <^ood>> and chattels were worth, at the time of taking the same, ac- cording to their true value; und that the inquisi^ tion which the said sherill :>hall tjiei-eiipun take, he make appear, He. (as before, p. oiu, 11. making the jury find '' that the said cattle goods and chattel!), at the time of taking the same, were worth /. according to their true value.") « ,'' , f ( To the end of the posfea, and then as follows : ) «1.1 Cha^ XLIV. (5 .H.) Therefore it is considered, that the said A. B. take ' he hke, on a 1.11- • £• • J I 1 1 11. >"'"S"»^ or *ei- nothing by his writ aroresaid, but that he and his diet. pledges to prosecute be in mercy, Kc. and that the said C. D. do go thereof without day, &"t*. It is also considered, that the said C. D. do recovei ' ) against tho said A. B. the said /. being the sum ' of the arrears aforesaid, in form aforesaid assessed, v , .■ and also /. by the court of our said lord the "\-"'' ,". kirtg now here adjudged to the said C. D. and with his assent, according to the form of the statute in such case made and provided, for his costs and charges by him laid out about his defence in this be- half; which said arrears costs and charges in the , HrS . ' whole £14 x'fj^i WRITS OF INQUIRY. CllAP. XLIV. 7. and that the s»aid C. D, whole amount to have execution thereof, He. George the Third, (.Vr.) To the sheriff of greeting : \Vherea.s C. D. wah summoned to be in for the pUiu- ' our court before us, to answer //. B. of a plea Vtv'W i)f , ,.{iii ly uf (Iniiiiia^cs, in in 'A'' wherefore tl>c said C. D. on the ——day of - the year of our Lord 1 8 — , at the parish of — your county, in a certain place there calleti , took the cattle goods and chattels of the suid A. B. to wit, &'c. (here set out the cattle and goods, as in the declaration,) and unjustly detained them against gages and pledges, until, .Vc. Wherefore the said //. B. said that he was injured, and had sustained damuge to the value of /. and therefore he brought his suit, isc. And such proceedings were tliereupon had in our said court before us at Went, vihister aforesaid, that it was afterwards considenvl by the same court, that the said A. B. ought to re- cover against the said C. D. his damages on occasion of the taking and unjustly detaining of the cattle goods and chattels aforesaid : But because it is un. known, ^c. (as before, p. 166, 1. making the writ I'cturnable on ^general return-day ,w heresoe ver , 5Cc. ) Gforjg-e; the Third, (&'c.) To the sheriff of greeting : Whereas C. D. was summoned to be the defendant, '. ^ i c . .^ n r i ondfimurrerto '" our court betoro US, to answer A. B. of a pica • plea in bar. ^^hereforc the said C. D. on at , in a cer- tain place there called , took the cattle goods and chattels of the said A. B. to \yit, {iic.) and un- justly detained them against gages and plcdgei, un- til, &'c. And the said C. D. appearing in our said eourt before us at JVestminster^ by his attor- ney, £ lv> (5.V5.) The likf! for id C. D. ffof d to be in of a P^*** of in of »n illed , said J. B. pods, as in lem against )ve the said d sustained herefore he edings were us at West. 1 considert^d ought to ve- on occasion )f the cattle use it is un- ing the writ esoevetj&Cc-) erlffof - — noned to be 5. of a pka -, in a cer- cattle goods H^c.) and un- plcdges, un- in our said - his attor- iiey, f'HAP. XLIV. \V WRITS or INQUIRY. f*l5 nrv, well avowed (or, " as bailiff of A'. F. well ac- knowledged") the tulvini; of the suid cattle goods and chattels, dCf. (reciting the avowry or cogni- zance, plea in bur, demurrer and joinder:) And such proceedings were thereupon had in our said court before us, tliat it was atierwards considered by the suiuu court, that the said plea of tiie said C J), by ijini above pleaded in bar of the avowry (or cognizance) aforesaid, and the matters therein contained, were not sufficient in law, Asf. (as bo'ore, p. 608.): It was also considered by the same court, that the said ^J. B. should take notliiiig by his writ aforejidid, but that he and his pledges to prosecute should be in .r'^trcy, S^c. and that the said C. 1). should go thereof without day, ssc. and that he ' ought to recover against the said -'/. B. his damages on occasion of the premises, according to the foim of the statute in such case made and provided : But because it is unknown, ^c. (as before, p. 16(5, 7. making the writ to inquire ** wiiat damages the said C. J), hath sustained, as well on occasion of the premises, according to the form of the statute, (S^c.) as for his costs and charges by hi'^ laid out a()out his defence in this behalfj" and rcij.;; i\j,ble as thelast.) :•;':' s.^vv:- • • =4...- .l . . Oeoi'ii-e the Third, {^c. ) To the s'.eriff of (§ 37 ^ greeting: Whereas C 7). wassummoucdtobe in our Thsiike.toas- court before us, to answer J. B. of a plea where- rears'of re. "* fore he took the cattle goods and chattels of the said b.''- "" *^ *• ^'^ ^ _ ( iir. II. 0. 7. yt. B. and unjustly detained them against gagesand § 2. on a non- pledges, i^V. And the said C. J), ottered himself in ofadecir*" our said court before us, on the fourth day, against *'°"" thcsaid J. B. in the plcaaforesaid ; butthe said ri B. altliough solemnly called, came not, but made vlefault, nor did he further prosecute his writ r 4 lava- ^1 i ii ii. ^} y^jamst I \ leii €16 WRITS or INQUIRY. ■p: P I] I i J' Chap. against the said C. D. Therefore it was considered by XLIV. the same court, that the said ^. B. should take no, thing by his said writ, but that he and his pledges to prosecute should be in mercy, &"<:. and that the said . r-: . C. D. should go thereof without day, 5("c. and that he shouldhaveareturn of thesaid cattle goodsandchat. * ^ . tels, y^c. And thereupon it hath been suggested in ' our said court before us, by the said C. D. that he took the said cattle goods and chattels of the said ^. j5. for the taking whereof he was summoned to be in our said court before us, to answer the said .c^, B. as aforesaid, at in the said county, in a certain place there callsd , and that he took the same as bailiff of E. F. for that the said A. B. for the space of , next before and ending on the day of in the year of our Lord 18 — , and from thence until and at the time of taking the said cattle goods and chattels, held and enjoyed the said place in which, dCc. with the appurtenances, amongst other things, as tenant thereof to the said JS. F. at and under the yearly rent of /. And because /. of the rent aforesaid, for the said space of ending as aforesaid , on the said, (JCc.) and from thence until and at the time o^ taking the said cattle goods and chattels, were due and in arrear from the said A. B. to the said E, F. he the said C. D. as bailiff of the said E, F, took the said cattle goods and chattels, as for and in the name of a dis. tress for the said rent, so due and in arrear from the said A. B. to the said E. F. as aforesaid : And here- upon the said C. D. according to the form of the sta- tute in such case madeand provided ,prayed our writ, to be directed to you, to inquire of the arrears ofthe rent aforesaid, and of the value of the said cattle goods and chattels, and it was granted to him, ^c. as WRITS OF INQUIRY. , AS by the recprd and proceedings thereof, stilt re- maining in our said court before u» at Wesimimter •foresaid jfuUy appears : Therefore weeonnuand y ou, that according to the form of the statute aforesaid, you diligently inquire, by the oath of twelve good and lawful men of your bailiwick, how much of the 3'early rent aforesaid, at the time of takin^and dij>- training the said cattle goods und chattels, was in arrear and unpaid, and how much the said cattle goods and chattels so as aforesaid taken and dis- trained were worth, according to tlie true value of the same ; and the inquisition which you shall there- upon take, make appear to us, on wheresoever we shall then be in England, under your seal, and the seals of those by whose oath you shall take the said inquisition ; and have there the names of them by whose oath you shall' take tlie said inquisition, and this writ. Witness Edward Lord Ellcnboroughf (&c.) *r' P-. i',.o^^ .(.■;\.U','^ I'in-i .-'I ' Chap. xuv. . u /. f want of a pica of a plea jn jj^i. ^ George the Third, {&(c. ) To the sheriff of (§ 55.) greeting : Whereas C. D. was summoned to be in The like, for our court before us, to answer A. B wherefore the said C. D. on at in your county, in a certain place there called , took the cattle goods and chattels of the said A. B. to wit, (set out the cattle and goods mentioned in the declaration,) and unjustly detained them against g£^- ges and pledges, until, iff. And the said C. D. ap- pearing in our said court before us at JVestrnmster aforesaid, by his attorney, well avowed (or, " as bailiff of E.F. well acknowledged") the taking of the saidcattle goods and chattels, Sic. (here recite the whole of the avowry or cognizance, and proceed as follows): mM «1S TVRITS OF INCliriRr. mi>^ I '« Ckap. xuv. follows) : And such proceedings were thereupon had in our said court before us at Wi'stminstet' {^foresaid, that it was afterwards considered in the same court, that the said A. B. should take nothing by his writ aforesaid, but that he and his pledges to prosecute should be in mercv, i>^c. and that the said CD. should go thereof without day, &'* "J • ^^j, mentioned, «,. m the ye"'y "••»' T * L Hid J. B. to the said J^r and unpaid ^^ .^^^'^'ataining ..« cat- • ,;. i;. at the tme of "''•"g »" ^ ^^ „),„ „,e„. ,-„ goods «.d chatuU m rt,e^^a«l; ^^^^^^^ ,„„ed; -<'*»! •'i;:^a:gtoVir tvue value, ^- «'«%''""'■•, rrd.».Mtter, " that tl. the son. of --; • A. • i„ the said writ mentioned • , cattle goods and chattels m^^^^_.„^^ were worth, at the lime of takmg ^^ ^.^ ■ >»«'°rerrvl:« UHe'rU-'i thesaid 'J ^ition hereunto ?innexed, ^ ^ . .. •/ ' 'The answer ot sncm • ' ' . rr>i • J /tfr ^ To the sheriff of - pvM».,fr g«etiDg: ^* *="""" l°:,™,ck vDUcause tobe ^ ;.>»'■"■ 'chattels of C. D. .n your b ^™^'/„» ^„„, before ns at »'«'""''" V ;"„ed as «ell on occasioA damages wMchheWsu^-^^^^^^^^^^^^ ^^ ^^„ „„,,. of the taking aud unjustly a b ^^.^ ^^^.^^ ' goodsand chattels of the sad^.^-^^,^,^,^^^. Ldchargesbyhimaboub^^^^^^ pended ; whereof the saw (as before, p. 320.) , „ „n'i ™.t J /«fr ^ To the sheriff of fh«.ike.for greeting: ^X^'"."'^''^!^,^-,^^^^^^ ^f-t'ft chattels of A. B. in your baihwicK , j ^^^^ IS ■i v' tXECUTIOV. 6!2t made /. which CD. lately in our court before ChAi*. us at West minster ^ recovered against him, for certain XLIV. arrearages of rent, according to the form of the sta- 'y *** •«•«««• tute in such case made and provided ; and also /. which in our same court before us were adjudged to the said C. D. fur his costs and charges by him laid out about his defence in a certain action of replevin^ lately commenced and depending in the same court, at the suit of the said A. B. against the said C. D. whereof the said//.^. is convicted, as appears to us of record : And have the said monies before us, on wJicvesoever we shall then be in England^ to render to the said C. D. for the arrearages of rent, and costs and charges aforesaid ; and Iiave there this writ. Witness, (SCc.) V* Cfor^c the Third, (SC6-.) To the sheriff of 'rant, tui. '.Nk \s (§ 64.) greeting: We command you, that of the ^oods and Tj'^f ''!'*' ^r' chattels of A.B. in your bailiwick, you cause to be the cattle or 1 Ti-i/-»T^ii- \ r goods distrain- made /. which C. //. lately in our court before ed, &/•. U3 at Westminster, recovered against him, for the value of certain cattle (or, goods and chattels), dis- trained by the said C. D. for certain arrearage of , . rent, .SCc- (as ii the last). . 1 ''■ C(W^t'the Third, (5Cr.) To the sheriff of - — - (^e.^.) greeting: Whereas C. D. was summoned to be in Rdornokabru- 1 f , * T» ^ 1 1 rfo, on a non- our court beroreus, to answer A. B. or a plea where- ^roi foi' w ;»»» fore he took the cattle Qoods and chattels of the said °.^ " 'Je<'''»i*- O tiull. A. B. and unjustly detained them against gages and pledges, 5s f. as it was said : And the said A. B, after- wards in our same court before us made default ; wherefore it was considered in our same court, that ho and his pledges to prosecute should be in mercy, i |ii M 622. Chap. c >6'.'? ATf. and that tlie said C. D. sliould go thereof wTttf4 ou': ih\y,Kc. and that he should ha > e u tot irn of the saiil cattle goods and chattels, S,'(. TJierfcto^ivreTom- niaii'iy oil, that without delay jouc^jj.e tiiesaid m(;.l» goofis and chattc 's to l»e retoi iwi tti the said C. ,'>. and that you dc> not deliver them, on tli-j comoia Mt of the said y/. /V, without our writ, which shall make express mention of tlie judgment aforesaid; and in what manner you shall execirrc this our v^ri*:^ ni, ke appear to us, on whv.'re.s(>Ln'cr we shall then be in E>iSiland\ and ha' ; i.iere tiiis \\ .... Witness, to wit. C. D. by his attorney ofTered him- RiijT;;.- rheioof. gp]f ^j^ jj,^, fourth day ag.tinst ^l.li. of a pica where- ; fore he the said C. D. took the cattle goods and , ,. .. chattels of the said A.B. . nd unjustly detained them against gages and pledges, 5s" r. And the said^/. J^, being solemnly called, canio not ; and was the plain- tiff, &V. : Therefore it is considered, that he and his pledges to prosecute be thereupon in mercy, Ss'c. and that the said C./). do go thereof without day, 5sr. - and that he have a return of the said cattle ffoods and chattels, Kc. and let the names of the pledges be inquired, b^c. and in what manner, SCe. let the sheriff make appear to the lord tie king, on wheresoever, SkV. \ George the Third, [^c.) To the sheriff of ■ Botnrm habm- ppfeetinff t Whereas C. D. was summoned to be in •ft), for want of o & • pica in bar. our court before us, to answer-^. B. of a plea where- fore the said C. D. on the day of in the year of our lord 18 — , at the parish of in 5'^our county, in a certain place there called , ; took the cattle goods and chattel's of hira the said , A.H' EXECUtlOH.- 62S ^. B. to wit, &'c. (here set out the cattle ond goods, as in the deolaration,) and unjustly detained them against gages and pledges, until, &ic. as it was said ; And the said C. I), appearing in our said court be- fore us, lor a certain reason by him alledged in our same court, as bailiff of K. I\ well acknowledged the taking of the said cattle gcyods and chattels, in the said place in whicii, ^6'. and justly, &(i'. for da- mage there done (or, *' for certam arrears of rent, to wit, for the sum of /. due and in arrear from the said A. B. to the said C. D. for the said . place in which, ^c. with the appurtenances, held and en- joyed under and by virtue of .".certain demise thereof, made by the said C. D. for tlie space of next befoie and ending on the day of in the year of our Lord 18 — ") : Whereupon the said A. B, being afterwards solemnly called in our said court before us, came not, nor did he further prosecute his writ aforesaid ; wherefore it was considered in our said court before us at Westminster ^ that the said A. B. should take nothing by his writ afore- said, but that he and his pledges to prosecute should be in mercy, ^V. and that the said C. D. should go tliereof without day, &f. and that he should have a return of the said cattle goods and chattels, Kc. Therefore we command you, that without delay you cause the said cattle goods and chattels to be returned to the said C. D. and that you do not deliver them, on the complaint of the said A. B. without our writ, which makes express mention of the judgment aforesaid; and in what manner you shall have executed this our writ, make appear to us, on wheresoever, (Kc.) and have there this writ. Witness, (^V.) . > George Chap. XLlV^ >'■) %■ m ■i ri :^ •I f (524 (§68.) Thftlikt!, on rfeniiirrci' to a plea ill bar, «nd wrrt of in- qniry uf da- i# kxtcvTtoH. George the Third, (^c.) To tlie sheriff of —^ greeting : Whereas C. D. was summoned to be iri our court before us, bic. (as in the last:) And the said C. D. appearing in ouf said court before usy well avowed, (or, *' as bailiff of ^. /'. well acknow- Jedgcd,")&V. (reciting the avowry 6r cognizance, plea in bar, dc^murrerand joit der:) And such pro- ceedings were thereupon bad in our said court be. fore US) that it was afterwards considered by the same court, that the plea aforesaid, by him the said A. B. above pleaded in bar of the said avowry (or cognizance), and the matters therein contained, were not sufficient in law, 5Cc. (as before, p. 608.) It was also considered by the same court,that the said A. B. should take nothing by his said writ, Kc. (as before, p. 608.) Therefore we command you, that with- out delay you cause the cattle goods and chattels aforesaid to be returned to the : said C. D, to hold to him irrepleviseable, inform aforesaid ; atid in what manner you siiall execute this our writ, n)ake appear to us, on wheresoever, Kc. We likewise com- mand you, that by the oath of twelve good and law- ful men of your bailiwick, you diligently inquire^ according to the form of tlia statute in such case made and provided, what damages the said C. D. hath sustained, as well on occasion of the premises, as for his costs and charges by him laid out about his defence in this behalf ; and the inquisition which you shall thereupon take, make appear to us, on the aforesaid day, wheresoever, [U,c,) under your seal, and the seals of those by whose oath you shall take that inquisition ; and have there the names of them by whose oath you shall take that inquisition^ and this writ. Witness, (^Cc.) George feXECUtlON. 625 'ore us^ cknow- izance, ch pro- )urt be- by the tlie said wry (of ied,were It was nidA.B. IS before, lat with- l chattels I. to hold id in what ke appear wise com- \ and law- y inquire, such case said C. i). premises j out about ition which to us, on iider your 1 you shall e names of inquisitioHj George the Thitd, {iic.) To the sheriff of Chap. greeting : Whereas C. D. was summoned to be in our '^' ^* *^' court before us, 5Cc. (as before, p. 622, 3). And the ^, ^l^^'^ ,^ , _ / The like, after said C. D. appearing in our said court before us, al- verdict, and ledp^ed and said, that he as bailiff of K. F. took the dnmages and cattle goods an^ chattels aforesaid, in the said place *^*'»''' in which, SCf. being the soil and freehf ' i of the said E. F. doing damage there ; and the said C, D. prayed a return of the said cattle goods and chattels to be adjudged to him, Uc. And afterwards, by a ccrtainjury of the country, upon which as well the said C. D. as the said A. B. had put themselves in tliat behalf, taken on the day of in the year ot our reign, at in your county, be- fore Edzi^ard Lord £ lien borough, our chief-justice, [i\c.) by virtue of our writ oiiim prius, it was found, that the said place in which. Sic. at the said time when, S(i\ was the soil and freehold of tliesaid E.F. as the said C. D. had ailedged ; and the jurors of the said jury, according to the form of the statute in such case made and provided, assessed the damages of the said C. D. on occasion of the premises, be- sides his costs and charges by him laid out about his defence in this behalf, to /. and for those costs and cliarges to /. Whereupon it was afterwards considered, in our said court before us, that the said A.B. should take nothing by his writ aforesaid, Kc. (recitingthejudgmentjrtjj/e,/?. 608,9 :) Therefore we command you, that withoutdelay you cause the cattle goods and chattels aforesaid to be returned to the said C. D. to hold to him irreplevisable, in form aforesaid ; and in what manner you shall execute this our writ, make appear to us, on whereso- ever, (S,f.): We also command you, that of the S s goods. 626 EXECUTION. Chap. XLIV. goods and chattels of the said A. B. in your baili- wick, you cause to be made the said 1, for the damages costs and charges aforesaid ; and have that money before us, at the aforesaid time, to render to the said C. D. for his damages costs and charges aforesaid ; and have there tiiis writ. Witness, (5(f.) bvitiiu. (I 70.) Before tlie coming of this writ to me, the cattlo Kituriiofi/o/f- goods and chattels within-mentioned were eloitirned CkIii, to u writ ° ^ '^ i>t' rcionto lu ■ und removed by the within-named //. B. to places to me unknown : Therefore I cannot cause the same to be returned to the within-named C. I), as I am >vithin commanded. " " • ''' The answer of sheriff. (§71.) (.\i]i'uis in ic- t/ii'niiini, tliiTo- 011, ul'toi iiidjj- lUf lit lit" /«!/(- piut for w.m t cit' a (Jecluru- tioii. Gecrge the Third, {^c) To the slieriff of greeting ; VVhcruas C. D. was summoned to be in our court before us, to answer A. B. of a plea wherefore he took the cattle goods and chattels of the said A. ti. and unjustly detained them against gages and pledges, h(c.) And you at that day returned to xis, that before the coniii)g of the writ aforesaid, the cattle goods and chattels aforesaid were eloigned and removed by the said ^. B. to places to you unknown, so that you could nut cause them to be returned to tlw said C. D. as by the said writ you were commanded : T/ierefore we command you, that you t'lke in withernam, the cattle goods and chattels of the said ^4. li. to the va- lue of the cattle goods and chattels aforesaid, by the said C. D. before taken, and cause them to be deli- vered to the said C D. to be kept by him, until you can cause to be returned the said cattle goods and chattels, by the said C. D. before taken : And put by gages and safe pledges the said A. B. that he be before us, on wheresoever we shall then be in England^ to answer as well to us for his con- tempt, as to the said C. D, for the damages and in- jury to him in that behalf done : And in what man- ner you shall have executed this our writ, make appear to us, at the aforesaid time ; and have there the names of the pledges, and this writ. Witness, Cfor^e the Third, (SCf.) To the sheriff oi (§'72.) greeting : Whereas C. D. was summoned to be in Tiie lik-c, for our court before us, i/ic. (as before, p. 622, 3.) And ,^nXirl andrl the said C. D. appearing in our same court before us, ^"- ^^^ *''^' 'J»- , , mnges niiil for a certain reason by him alledged inthe samecourt, costs. Well avowed the taking of the said cattle goods and chattels, in the said place in which, H^c. and justly, Uc, for damage there done : And the said A. B. af- S s 2 tcrwards ) . 'r! I 628 Chap. . rourt made default ; wlicrf - his pledges to P---^;':,, ^„ thereof without ^f r t itat i;/^^^^^^^ Have a return of the day, S^'-- a" ' "" ", ,,.,., j(f. Therefore we «aid cattle goo.., .ml ch,.,e s. K^^^_^^^ ^^^^^ ^^^_ lately ""'■>"""'"' r'd, ana chattels aforesaid ,hoold cause the cattle good. ^^ ^,__^^,_, .0 be returnca to ^^J^^^ Z ..A A. B. without our >\nt, v ^ ^^^ manner tion of the,i».lgn,entaforcs ^ . »" ^^ ,,„„„ y„., shouia have cse-ntcd rt«^°;;;^_.^,;/,„, (j(,, make appear to us, on according to We also lately oo'"™"";'"'*'"" ', „ „aJc ana pro- tUefotn-ofthestatn^^^^^^^^^^ »iaed,youshouada.gent.y 1 ^ ^^ what da- ,„„d ana 1-:;^-^-" °^r„:;i„ea, as well on oc „age» the saia C. ^. » ^_^_j ^,,„g„ easion of the prcn,.scs, ^» f<" ,„ .^j, uehalt; ty him laia »'.t:„'^ch yon should thereupon a„d thattheinq«.«mon wh>ch y ^^^^^^.^ ,,e,yo»sho»Wsentous.^^^^^_^^^.^ ,,heresoevcr, (»''"" ' , „ at that aay re- „ith the writatoresa^d^ And J ^^^ mrned to us, that '^e '^" |„^,d by the said aforesaid were elo.g»oa »a^em J ^^^^^ A.B.^o places to you jk^'^J, ^ ,he said C. X>. , not cause the same to be rem .^ . .^^ a„a you also ret«rnedJo^«s^, ^^^^^^^ ^ ^^ taken before you, at i ^^^^ ^^ ^hich day °f -T".'"! ,a>d C.lh had «»»»'""' ^"^ i it wasfottnd, that *f ff i^,be«desbis cost- mages, on occasion of the pt«u aadi SCIRE FACIAa. •nd charges, (S^c) to /. and for those costs and charges to /. Therefore it was considered, that the said C. I), should recover aj^ainst the said A. B, his damages aforesaid, by the said in- quisition in form aloresaid found, and also /. by our court before us adjudged of increase to t!ie said C. 1). and with his assent, for his costs and charges aforesaid; which said damages costs and charges in the whole amount to /. and that the said A. B. should be in mercy, &"f. Therefore we command you, that you take in u'ithcrmnn^ the cat- tle goods and chattels of the said A. B. in your bailiwick, to the value of the cattle goods and chat- tels before taken, and cause them to be delivered with- out delay to the said C. 1). to hold to him irre- plevisable, until the said A. h, shall make re- turn to the said C. D. of the cattle goods and chat- tels aforesaid, before taken ; and in what manner you shall execute this our writ, make ajjpear to us, Qu wheresoever, (Kc.) We also command you, that you take the said A. B. if he be found in your bailiwick, and him safely keep, so that you may iiave his body before us, at the aforesaid time, wheresoever, (5("r.) to satisfy the said C. D. of his damages costs and charges aforesaid; and have there this writ. Witness, (6s"c.) , .^, *, , _ . 629 Cha?, XLIV. 111 '.(I 1 1 r \ I 'Ih George the Third , ( &c. ) To the sheriff of greeting : Whereas C. D. was summoned to bcin our court before us, to answer A. B. of a plea where- fore he took the cattle goods and chattels of the said A. B. and unjustly detained them against gages and pledges, Kc. : And afterwards, the said A. B. in our S s 3 same (§ 73.) Scire fttcibs: %. gainst the pledges for a retiirii, after judgment of nwt-pios for want of a de- clarfttion. 'i B <1 ezo SCIRE FACIA* i:^ Chap. XLIV. same court made default; wherefore it was consider, ed, that the said C.J), should go thereof without day, SCc. and that the said yi. B. and his pledges to prosecute should be in mercy, i^c. and that the said C. D. should have a return .of the cattle goods and chattels aforesaid, &c And thereupon we com- manded you, as oftentimes before you were com- manded jthat without delay you &'. i ould cause the cattle goods and chattels aforesaid to be returned to the said C. D. and )iot deliver them, on the complaint of the said y1. B. without our writ, which should make express mention of the judirment aforesaid, accord- ing to the tenor of our mandates to you thereupon before directed, or that you should be yourself be- fore us, on las*^ past, wheresoever, {Uc.) in your proper person, to shew wherefore you had neglect- ed to execute our mandates to you thereupon so of- ten directed : And you at that day returned to us, that the cattle goods and chattels aforesaid were eloigned by • 2 said A. B. from your view, out of your county . so that you could not return the same to the said C. D. : And because the said A. B. in the county court of late sheriff of your coun- ty, held at in and for the said county, and with- in the jurisdiction of the same court, on the day of in the year, [Kc. ) before and then freeholders of the said county , and sui- tors of the same court, complained against the said C. D. of a pica of taking and detaining the cattle goods and chattels aforesaid, and then and there found pledges as well to prosecute his said plaint, as to return the cattle goods and chattels aforesaid, or the price thereof, if i. return thereof should be adjudg- ed to the saidC. D. to wit, Jy. G. and T. S. accord- inc Wi • I, Si-fi SCIRE FACIAS. ing to the form of the statute in such case made and provided ; we command you. that byhonestand law- ful men of your bailiwick, you make known to the said W. G. and 7\ S. that they be before us, on wheresoever we shall then be in Englandy to shew if they have or know of any thing to say for themselves, why the price of the cattle goods and chattels aforesaid should not be made of their lands and chattels in your bailiwick, and rendered to the said C. D. according to the form of tl)e statute afoi'c- said, if it shall seem expedient for him so to do ; and further to do and receive, isc. (as before, p. 436.) C3l Chap. XLIV. (5 '74') The like, on a plaint li'Vifd George the Third, {U,c). To the sheriffs of Lon- don greeting : Whereas at a court holden on the day of in the year of our reign, before in the shfiiflTs' esquire, then one of the sheriffs of the city of ,/y,,^ a„(i ,.e. Zond^n aforesaid, in his Compter situate in the pa- '""*ij'* ',"^" rish of St. Mildred the Virgin in the Poultri/ of the tioruri, said city, came A. B. and then and there, accord- ing tothecustom of thesaid city, levied against C. D. his certain plaint, for his cattle goods and chattels, to wit, [Kc.) taken and unjustly detained; and then and there found pledges to prosecute his said plaint, and to make areturn of his said cattle goodsand chat- tels, if a return thereof should be adjudged, to wit, V. H. and E. L. citizens of the city aforesaid; and thereupon, at the prayer of the said A. B. to the court aforesaid, according to the custom of thesaid city , the cattle goods and chattels aforesaid were reple- vied and delivered to the said^l 5.: Which said plaint, with all things touching the same,were afterwards sent, and brought by the aforesaid sheriffs of London, at the instance of the said A. B. to the busting of Zo»- S s 4 don ':i I V. >)i €32 SCIRE FACIAS. Chap. XLIV. don of common pleas, holden in the Guildhali London^ on next after in the year of our reign aforesaid, according to the custom of tlie said city ; and afterwards, to wit, in term in the r-year aforesaid, by virtue of our writ, we caused ti»e same to be certified before us, and they now remain before iis of record : And whereas the said A. B. afterwards declared in our court before us, against the said C. 1). of a plea wherefore he took the cattle goods aiid chattels, to wit, (aV.) of the said A. E. and unjustly detained them against gages and pledges, ^c.\ which said taking of the cattle goods and chattels aforesaid, the said CD. acknowledged, as bailiff of one O.N. esquire, for certain rent then being in arrear and payable by the said A. B, to the said G. N. aiS his tenant for a term of years : And afterwards, in term in the . year of our reign, it was in such manner proceeded in our said court before us, that the said A. B. be- ing solemnly called, did not come, nor prosecute his plea against the said C. D. ; wherefore it was consi- dered in our same court before us, that the said C. J), should go thereof without day, Ssc. and that the said A.B. and his pledges to prosecute should be in mercy, fifr. and that the said CD. should have ;!. return of the cattle goods and chattels aforesaid , &'c. as by the record thereof, now remaining before us, more fully appears : And whereas also by our writ we lately commanded you, that without delay you should cause a return to be made to the said C D. of the cattle goods and chattels aforesaid ; and in what manner you should have executed that our writ, you should make appear to us, on last past, where. jioevev we should then be in England: And you at that SECOND DELIVERANCE. that day returned to us, that before the connng of our said last-mentioned writ to you, the said A. /?, had eloigned the aforesaid cattle goods and chattels, to places to you altogether unknown, so that yoix could not return the same to the said C. D. ; as by the aforesaid writ, and tlie return thereof, affiled in our court before us, appears to us of record: And now on behalf of the said C. D. in our court before us, we are informed, that although judgment be thereupon given, yet execution for a return of the cattle goods and chattels aforesaid, still re- piains to be niade : Whereupon the said C. D. hath humbly besought us to provide him a proper remedy in this behalf; and we being willing that what is just in this behalf should be done, command you, that by honest and lawful men of your bailiwick, you make known to the said V. //. and E. L. that they be before us, on wheresoever we shall then be in England, to shew if they have or know of any thing to say for themselves, wherefore the cattle goods and chattels of them the said V. II. and E. L. to the value of the cattle goods and chattels aforesaid, so replevied and delivered to the ■ ud J.B. should not be delivered to the said C. D. if it shall seem expedient for him so to do; and further to do ^nd receive, &iV. (as before, p. .43o.} «33 Cha?. XLIV. tji Mr -' r: f'|. ' ii i .. (After the judgment for a return, ific. proceed as (§ 15.) follows:) Award of writ of second de- Afterwards, to wit, on thenncxt following, I'vcrancc before the lord the king at Westminster^ comes the said A. B. by E. F. his attorney ; and according to the form of the statute in such case made and pro- vided, I'l «:j4 SECOND IJEHVERANCE. Chap. xuv. Writ of se- riclcd, prays the writ of tlic said lord the king of second dehverunce of the cattle goods and chattels aforesaid ; and it is granted to him, returnable on wiieresoevcr the said lord the king simll then be in En gland : Th*? sai^rie da^ is jjiveix to thq ^aid CD. &c -,■.•'.■ ."V." GeorfTc the Third, (STf.) To the sheriff of* greeting: If yi.B. shall make you secure of prose- cuting his claim, and also of returning the cattle goods and chattels, which were lately adjudged to C. 1). in our court before us, on account of tlie de- fault of the said y/. B. if a return thereof shall be ad- judged, then cause the said cattle goods and chat- tels to be delivered without delay to the said A.B.\ and put by gages and safe pledges the said CD. that he be before us, on wheresoever we shall then be in Efiglufid, to answer to the said ^/. B. of the taking and unjustly detaining of the cattle gowlsand chattels aforesaid ; and have there the names of the pledges, and this writ. Witness ourself at West- minsfer, the day of in the year of our reign. George the Third, (&'c) To the sheriff of (§77.) The like, ano- greeting : If v/. B. shall make you secure of prose- cuting his claim, and also of returning the cattle . goods and chattels, which were lately adjudged to CD. in our court before us, on account of the de- fault of the said A.B. if a return thereof shall be adjudged, we command you, that if by virue of our writ oi rctorno hohendo, to you thereupon before directed, 30U have caused the said cattle goods arrd •hatfelRto be returned to the ^idC./). then that you . ;. ■> ■ you c and pi last, t( By, to be (I goods i comma JoJm Jj '■.- r. our lore A. B. o and chai in replc Thesij deli vera; replevin return ii Georg greeting us at U\ cond del fore ijc iS(c.) of I against the S3,id wherefoil the said hut thatj '^e in m go tliereJ SECOND -DEUVERA-NCK. you canse them to be re-delivered to the said A.B.\ and put by gages and safe pledges, U,c. (as in the last, to the end.) ■ .t •/ '.i , r < • • .»•.,,/ By virtue of this writ to me directed, 1 have caused to be delivered to the vvithin-nanied A. B. his cattle goods and chattels within-mentioned, as I am within coninoanded. The pledges vvithiu-mentioned are Jdm Den and likhard Fen. Tlie answer of sheriff. PH Chap. XLIV. Return to writofsi'CDnd deliveruuce. It to wit. C. D. was attached, bv the writ of (§ "'^-^ our lord the king of second deliverance, to answer oirwiTulr"-- aiice. A. B. of a plea wherefore he took the cattle goods ^"i;'' d^ii* inl- and chattels of the said A. B. S^c. (as in a declaration in replevin.) , , ; .. The subsequent proceedings, on the vrit of second deliverance, to trial and judgment, arc the sameasin replevin, only that the judgment is always for a return irreplevisable. George the Third, {S(c.) To the sheriff of (MO.) greeting : Whereas C. D, lately in our court before J,f Xf"'"" us at Westminster f was attached, by our writ of se- judgnient of non-pros on a cond deliverance, to answer A. B. of a plea where- writ of second fore he took the cattle goods and chattels, to wit, anfWa.^^^iKtoT iSd'.) of the said A. B. and unjustly detained them Jamagesand against gages and pledges, S(e. ; and afterwards the S3,id A. B. in our same court, made default ; wherefore it was considered in our same court, that the said A. B. should take nothing by his said writ, but that he and his pledges to prosecute should be in mercy, He. a)id that the said C. D. should go tliereof without day, 3(t'. and that he should have m SECOND DELIVERANCE. Chap. ^^"^^ ^ return of the cattle goods and chattels afore. XLIV, said, to hold to him irreplevisable for ever : There- fore we command you, that without delay you cause the cattle goods and chattels aforesaid to be returned to the said C. D. to hold to him irre- plevisable, in form aforesaid : We likewise com- mand you, that you take the said A. B. if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us, on* wheresoever we shall then be in England^ to satisfy the said C. D'. of /. whicli were adjudged to the said C D- in our said court before us, according to the form of tlie statute in such case made and pro- vided, for his damages which he had sustained, as well on occasion of the premises, as for his costs and charges by him laid out about his defence in this behalf ; whereof the said A. B. is convicted, as appears to us of record j and have there this ^yrit, Witness, (fiCc.) ^ • ' . - • n , (§ 81.) Cafias in wi- thtrnnm, after judgment af »o;i -pros on a writ of second deliverance. George thcThixA, {Kc) To the sheriff of , greeting : Whereas by our writ we lately commanded you, that whereas C.^. had been attached, by our writ of second deliverance, to be in our court be- fore us, to answer A. B. in a pica wherefore he took the cattle goods and chattels of him the said A. B. an-' unjustly detained them against gages and pledges, &V. And the said A. B. afterwards in our same court made default ; wherefore it was considered in our same court, that the said A. B. should take nothing by his said writ, but that he and his pledges to prosecute should be in mercy, ^c. and that the said C. D. should go thereof without day, Kc. and that he should have a return of the cattle goods and chattels SECOND DELIVERANCE. «37 'il cliattels aforesaid, to hold to him irreplevisable for ever ; you should without delay cause the said cat' tie goods and chattels to be returned to the said C. D, to hold to him irreplevisable, in form aforesaid ; and in what manner you should execute that writ, you should make appear to us, on wheresoever, (&V. ) And you on that day returned to us, that the cattle goods and chattels aforesaid were eloigned by the said yl. B. to places to you unknown, so that yon could not return the same to the said C. D. as by the writ aforesaid you were commanded : Therefore we command you, that you take tnwilhernamy the cattle goods and chattels of the said A. B. to the value of the cattle goods and chattels aforesaid, by the said C. D. before taken, and deliver them to the said C. I), to hold to him irreplevisable, until you can cause the cattle goods and chattels aforesaid, by the said C. J), before taken, to be returned to the saiil C. D. and in what manner, (5(c.): And put by gages and safe pledges the said A. B. that he be before us, on wheresoever we shall then be in England, to answer as well to us for his contempt, as to the said C. D. for his damages and injury in this behalf done ; and have there this writ. Wit- ness, (&"c.) The forms in this chapter, though chiefly designed for the Court of King's Bench, may easily be adapted to the Court of Common Pleas, (into which actions of replevin ar»i most commonly removed , ) by altering the style of the Court, end the teste and return of writs, He. making the writs returnable " before our justices at fVcshninstar,'" and the entries, &(c. to cor- respond therewith. Chap. XLIV. rl ' I' a wM f ll 4 '1 1 i [ 638 1 ■■iii}.'f' ■Ufi.'llVi* 4i.'." ■.") CHAP. XLV, _^^^^^^^^^^.^^..^^. Of Ejectment. rr' ■ »Ws chapter are ».ranged in tW TVT K for-; - *f „'„,„Pes to qmt, SCc. -, secondly f„UoW»-S '•«>"■ ''"■'' "° uw, in case of a vacan proceedings at '=7'"7j;^i„g, against the casual [.ossession-. 'f-^'^'J^^tr at common law, or Ijector in othe- c es e th ^^ ^ L .he statute 4 G«. "^ '_ ^„,„ ;„„ the „, landlord d"" ^^e e""^ -<>""""', ™, .o,nu.on rule to -"^^J^^^^ ^^e tenant or h.s land- «if. ,Vp to nuit and deliver up ^. , ^ 1 hereby give you noUce t ^J^ ^^^^^^^. ^„ ,nhe ^-il oViU, on thc-^ aay of — "^/o,, ^vooms and apart- by ^he laud- ^^^^^, e or clwolhng-house A , ^^ ^^^ ^^^ ^^^,, lord or im a- xu^^''^ "^ .„,.,« lands and prciuists, ) ...Ugno- g..t, toaie- „,cnts,oitaimUnu J^ , ^^ of me, (or,if th^no >-oti e to quit, on thc ^^^ -, («,, «' voouis auQ ap.t.. l;'L lauV ^^^^^ or dwolhng-house A , ^^ ^^^ ^^^ ^^^,, lord or im a- xu^^''^ "^ .„,.,« lands and prciuists, ) -ftheno- g. .t, to a le- jncnts,or taim unu t^ ^^ ^^^ ^or,if theno ^:r'''' tenanees, -^f ^ >'«^;:: ' of Mr. J- /?• y^-^- ' tice be given by an agent, ___ ^^ tiie county ;:.a;, senate u. the l-;^^^^ e Dated the "-J ot —• Yours, i(c. J B (the landlord :) 0,,fthenotice^he.v.hy^;;-->,... jcondly, a vacant le casual I law, or tenant or into the ster; and f hisland- tion. deliver up sion of the 5 and apart- the appur- r,if theno- your land- the county 18—. rs, S(c. •landlord:) agent,) e said A.B- on:) nt,) jncern. ^. ea • ' NOTICES TO QUIT, 5fc. 63'.» Chap. Sir, • Xl.V. I hereby give you notice, S(c. (as bdforr, to the (^2.) date ;) provided your tenancy originally comntonced JJ.^JJ^J;^.'''''''''* at that time of the year; or otherwise, that you quit n>em«iM«nt of and deliver up the possession ot tiie said messuage, joubtiui. (Sfc.) at the en 1 of the year of your tenancy, vvhicli shall expire next after the end of half a year from tlie time of your being served with ihi^ not;ce. Dated, (!i(€.) "^ Yours, Sic. ToMr. an. ' yl.B, Whereas by a certain indenture of lea-^e, bearing (§ '•) date on or about the day of which was in iaad;o*id,^ode- the year of our lord , and made or mentioned to *^"'""*^ a leuse •' ' _ _ at the end of be made between me A. li. of of the one part, the ihstsev and you C. J), of of tiie other part, I the said A. Ji. for the considerations therein mentioned, did demise and lease to you the said C. D. your execu- tors administrators and assigns, acertain uiessuagc, {He.) to hold the same to you the said C. D. your executors administrators and assigns, from thence- forth, for and during and unto the full end and term of years from thence next ensuing, and fully to be complete and ended ; determinable nevei*- thelessas therein and herein-after is mentioned : And in which said indenture ofleasu is contained a proviso or condition, that if, Kc. (r<;eiting the proviso.) Now 1 the said A. B. in pursuance of the liberty given me by the aforesaid proviso or condition, do hereby give younotice,thatitismy minJand intention to avoid the said recited indenture of lease, at the end of the first seven years of the said term of years thereby granted. Dated (&'r.) ' ''i .1 To Mr. C. D. Yours, STr. A. n. Sir ;i m V" 640 NOTICES TO QlilT, iCf. r ;i Chap. XLV. Mr, Take notice, that by indentures of lease and re- lease, bcarip.g date, (S(r) the release being of three — of the first morigupct'not parts, and made between A.B. of to pay rent to ^t, C. I), of of the second part, and E. F. of the mortgagor. ' ' _ ^ [ ^ ofthcthird part, the messuage, (&f.) now in you; occupation, situate and being in the parish of in the county of , were conveyed and assured (amon' authorized by liim to receive uie same. IJated, {isc.) Yours, y^c. To Mr. G.Il. J.K. Sir, Take notice, that by indenture bearing date, Kc. and made between A. B. of of the first part, E. F. of the second part, me the under-written G. H. of the third part, and J. K. of of the fourth part, the said A, B. for the considerations therein mentioned, did give grant and confirm unto the said E.F, his executors administrators and assigns, i y .^ Fk)tDgraphic Sciences Corporation >'*> 23 WEST MAIN STREET WEBSTER. N.Y. US80 (716) 872-4503 'V- #«§ Chap. XLV. '■ , (§6.) ^ttorninent. Letter of at- torney, to en- ter niid seal a lease oil tli« prtiHises. PROCEEDHIGS OH ' , ftayment tliereof, shall be fully paid and satisfietf. Dated, {S(c.) *. -^r. ..» ; . -km •. Yours, iCc, In the King's ^encb< ^^,^.. i.L, j . ... . .1. .-.t , - -rf^ 'jn, 4 ii.,« ^^Ji; John Doe, on the demisd •tvi^iM i*t%»i.f^v:ii /tn ; fi^j^ni of ^. J? plaintiflf; r:> tiK Between ,;, j^ and ,,,.,. \:u.'^^'0.imr-^^^^-?w-^^:- C'I>'{^C') ' defendants. ; Be it remembered, that we whose tiames are hereunder written, being the several tenants in pos- session of the premises in question in this cause, situate and being in the parish of in the county of , do hereby severally attorn tenants to^. B. of the lessor of the plaintiff in this cause, for such parts of the said premises as are in our respec- tive possessions ; and we, and each aiid every of us, have this day severally paid to the said ^. B. the sum of 1 8. upon such attornment, on account and in part of the rent due, and to become due from us severally and respectively, for and in respect of the said premises ; and we do severally and respectively become tenants thereof to the said A.B, from, the day of last past. As witness our Iiands, this day of in the year of our Lord 1 8 — . Witness, (S(V.) ^ , , C. i). (SCi:.) m. Know all men by these presents, that I A. B. of have made, ordained, constituted and ap- pointed, and by these presents do make, ordain, constitute and appoint C. D. of my true and lawful attorney, for me, and in my name, to enter int» into ai late ir ^nd bi of — . C.DA ttiy nar executi purtena to him and ass before t at the 1 demand* the same said £, witness. Sealed I.K. saith, tha named in A VACANT POSSESSION. 643 lUfied. Cc. G.IL ; demisS plaintiff, 'endants* mes are ;s in pos- is cause, [le county ato^.^' ;ause, for ar respec- rery of us, A. B. the count and ue from us pect of the pectively i, from the our liands, Lordl8— . hat I A. B. ;ed and ap- ke, ordain, ny true and ne, to enter int» in1:d and talcei possession of a certain messtia^fe, (^i.\) late in the tenure and occupation of , situate &hd being in the parish of in the county of , but now untenanted ; and after the said C D. hath taken possession thereof, for me, and in ttiy name, and as my act and deed, to sign seal and execute a lease of the said premises with the ap- purtenances, unto E, F. of , to hold the same to him the said E. F. his executors administrators last past, — years, Chap. XLV. and assigns, from the day of — before the datei hereof, for the term of ■ at the yearly rent of a pepper-corn, if lawfully demanded ; subject to a proviso, for making void the same, on tendering the sum of six-pence to the said E. jF. his executors or administrators. In witness, (SCc.) Sealed and delivered, {Uc.) .I'liV. .}r\ t\&j I. K. of gentleman, maketh oath and (§8.) saith, that he was present and did see A, B. of , ^®SnV' named in the letter of attorney hereunto annexed, ««"»«• duly sign seal and deliver the said letter of at- torney. ^, \,,^}y.. . . . • ^•^' Sworn, (fiCc.) 'iW.tlil? .A «-Ji jli»i. day of , (fi(c.) This Indenture made the day or , («c.; (5 9.) between A. B. of of the one part, and E. F. Lease. of of the other part, witnesseth, that the said A. B. for and in consideration of the sum of five fihillings of lawful money of Great Britain, to him in hand paid by the said E. F. at or before the sealing and delivery of these presents, the receipt whereof the said A. B. doth hereby acknowledge, hath demised granted and to farm let, and by T t 2 these 644 PROCEEDIKGS O'H It '' Cjiap. these presents doth demise grant and to farm let ^^-V. unto the said £. F. his executors and adminis- trators, all that messuage, (fCc.) situate and being in the parish of in the county of — — , late in the tenure and occupation of , but now unte- nanted ; to have and to hold the same unto the said E. F. his executors and administrators, from the day of last past, before the date hereof, for and during and unto the full end and term of years from thence next ensuing, and fully to be complete and ended ; yielding and paying there- fore yearly and every year, during the said term, unto the said A. B. or his assigns, the rent of one pepper-corn, if lawfully demanded at the feast of ; Provided always, and these presents are on this condition, that if the said A. B. or his assigns shall at any time' or time:> hereafter, tender or cause to be tendered unto the said E. F. his exe- cutors or administrators, the sum of six-pence, that then and ' such case, and from thenceforth, this present .nture, and every thing herein con- tained, shall cease determine and be absolutely void, any thing herein contained to the contrary thereof in anywise notwithstanding. In witness whereof, the parties hereto have interchangeably set their hands and seals, the day and year first above, written. Sealed and delivered, as the actand^ deed of the above-named A. B.hy C. D. of ,by virtue of a letter A A.B. E,F. ofattorneytohim for that purpose / made by the said x4. B. bearing ( date, (&'c.) being first dulystamp_ j ed, in the presence of, • J.K. ' '^ '-' ■ J .•:i^;' The Th sion, post, I ant, a: therea premii defend stead c ?"ation, A VACANT POSSESSION. 645" The declaration in ejectment on a vacant posses- Chap. sion, is the same as in other cases, for which vide XLV. post, p. 647, &c. only that the plaintiff and defend- ^^ '°;^ ant, as well as the lessor ofthe plaintiff, ar6 in this case the real parties; as for instance, £. /^ the lessee of the premises should be plaintiff, G. H. (a real ejector) defendant, and A. if. lessor ofthe plaintiff; and in- stead of the common notice, at the end of the decla-f jration, substitute the following one: . Take notice, that unless you appear in his Ma- (§"•) jesty's court of King's Bench at Westminster, in pe^ar*^ &c? ***" term, (or, if a town cause, " the first day of jiext term,") at the suit of the above-nartied plaintiff E, F. and plead to this declaration in ejectment, judgment will be thereon entered against you by default. — .- Yours, &c. ' ' ■', /. JST. plaintiff's attorney. ToMr. G.//. . i'^Ay .■•l:,..t; >l nieut. In the King^s Bench. -: ,!,<:.- , , jt'. /*. on the demise of (§12.) A. B plaintiff, ^^^^''}^ S\ .n , r«J'*"-'' move forjudg- . " .. Between and G. H. . . . . defendant. /. K. of gentleman, maketh oath and saith, that on the day of last, he this de- ponent did see C. D. in the letter of attorney hereto annexed naaed, for and in the name of A. B. the lesbor of the plaintiff, enter upon and take posses- sioi) of the messuage in the lease hereto also an- nexed mentioned, by entering on the thresliold of the outer-door thereof, and putting his finger into the key-hole of the said door, the said messuage T t 8 being '^!, i'l 646 XLV. .•(--•i-i.'.. PROCZEDINQS, if-C ' -' being then locked up and uninhi^l])ited, ^o that n« other entry thereon could be made, nor any poshes-, sion thereof taken, vtrithout force : And thi^ de-. ponent further saith, that he did, on the same day, see the above-named C. D. after such ^^ry made, and whilst he stood on the threshold of the said door, duly sign and seal the lease hereunto annexed, in the name of the said J. B. and as his i^ct and deed deliver the same unto the said E. F, the plaii^- tiff above-named ; and that after the said lease was so executed, this deponent did se^ the s^id E. F, take possession of the said messuage, by virtue of the said lease, by entering upon the threshold of the said outer-door, and putting his finger into the key-hole of the said door, the said mess^i^ge being then locked up {^nd uninhabited, so thi^t no other entry could be made thereon, save {^ afpresaid ; and that immediately afterwards, the said G. //.the defendant, came and removed the said E. F. from the said door, and put his foot on the threshold thereof; whereupon this deponent did, on the day ^nd year aforesaid, deliver to the said defendant G. H. ^\iO still continued upon the said threshold, a true copy of the declaration of ejectment, and notice thereunder written, hereto annexed. Sworn, (SCf.) . > In the Common Pleas, this affidavit is unneces- sary ; but on the first day of the term, the plaintiff gives a rule to plead, as in common cases, and at the expiration of the time for pleading, if there be no appearance and plea, signs judgment as a mat- ter of course. • .ifX"^'*'^:'-^" ,'tjl « »!. 'J'JI i" cr-l'-iviU'^ to ^«oi; George onioiNAL WRIT, i(e. ' 647 George the Third, {Sic ) To the sheriflF of Chap. greeting: \f Jolm Doe shall give yoii security of XLV. * prosecuting his claim, then put by gages and safe (§ *^) pledges Richard Hoe late of yeoman, that he hxn.a. ' be before us, on wheresoever we shall then be in England^ to shew wherefore, with force and arms, he entered into messuages, (^f.) with the appurtenances, in , which A. B. hath de- inised to the said John Doe, for a term which is not yet expired, and ejected him from his said farm ; and other wrongs to the said/oAn Doe there did, to the great damage of the said John Doe, and against our peace : And have you there the names of the pledg- es, and this writ. the day of Witness ourself at Westminster, in the year of our reign. ;. nn-:- \\. JPledges tp prosecute, . The within-named Richard Roe is attached by pledges, \..->.- ! John Den J Richard Fen. John Smith, William Stiles. (5 11-) Slieriff'!) re- turn th«reto, ^1 '!■(■! •is In the King's Bench, (or, Common Pleas). -Cv- ^./i;-'; term, in the year of the n,,,iaration reign of king George the Third, ^von^imi, in — (to wit). Richard Roe late of or C. P. on a single (le-« yeoman, misc; with no- was attached to answer John Doe, of a plea where- ^^^ ^^ sppear fore the said Richard Roe, with force and arms, SCc. entered into messuages, barns, — — stables, out-houses, yards, Tt4 gardens, 64S DECLARAtlOM. * Chap. XLV. ,'>'!' g&rdens, - orchards, acres of arable land, acres of meadow land, and acres of pas- ture land, with the appurtenances, situate and be. ing in the pai^ish of in the county of , which ^. B. had demised to the said John Doe^ for a term which is not yet expired, and ejected him from his said farm; and other wrongs to the saHdJohn Doe there did, to the great damage of the s&id John Doc, and against the peace of our lord the now king, &>. : And thereupon the said John Doe, by his attorney complains ; that whereas the said A. B. on the day of in the year of the reign of our said lord the king, at the parish aforesaid in the comty aforesaid, had demised the said tenements with the appurtenances, to the said John Doe ; to have and to hold the same to' the said John Doe and his assigns, from the day of • then last past, for and during and unto the full end and term of years from thence next ensuing, and fully to be compleat and ended : By -virtue of which said demise, the said John Doe en- tered into the said tenements with the appurte- nances, and beqame and was thereof possessed, for the said term so to him thereof granted : And the said John Doe being so thereof possessed, the said Richard Roe afterwards, to wit, on the day of in the year aforesaid, with force and arms, &t\ entered into the said tenements with the appurtenances, which the said A. B. had " demised to the said John Doe, in manner and for the term aforesaid, which is not yet expired, and ejected the said John Doe from his said farm ; and other wrongs to the said John Doe then and theje did, to the great damage of the said John Doe, and Aifi^mii J ♦* agaui at land, pas. be. > , for a I from d John d John le now oe, by he said — year ; parish ised the the said the said - day of into the ice next ded: By I Doe en- appurte- >ossessed, ed : And 3ssed, the the ivith force tenements J. B. had and for the ind ejected and other there did, Voe^ and against DECLARATION. against the peace of our said lord the now king : Wherefore the said John Doe saith that he is in- jured, and hath sustained damage to the value of /. and therefore he brings his suit, Kc, Mr. CD. >- ^. a. r I am informed that you are in possession of, or claim title to, the premises in this declaration of ejectment mentioned, or to some part thereof ; and I, being sued in this action as a casual ejector only, and having no claim or title to the same, do advise you to appear in next term, (or, in London or Middlesex y " on the first day of next term,") in his majesty's court of King's Bench, wheresoever his said majesty shall then be in Eng- land, (or, in the Common Pleas, ** in his majesty's court of Common Bench at IVestininster") by some attorney of that court ; and then and there, by rule of the same court, to cause yourself to be made de- fendant in my stead ; otherwise I shall suffer judg- ment therein to be entered against me by default, and you will be turned out of possession. Your . &.C. < % /Vj- K. i;«>:^'. . vi= • Uichard Roe. C49 In the King's Bench '"'" "* (or. Common Pleas). '*^^""' /i'i'r-,'! CflAP. XLV. (to wit). Richard Roe late of term, {^^c.) (§ le.) J^"" manor, rectory man, was attached to answer John Doe, of a plea andtitijcii, wherefore the said Richard Roe, with force and arms, Uc. entered into the manor of in the county of , with the rights members and appurte- nances thereunto belonging, and also into the rec- tory \l l.-ti ■>i ■t 'I f m 1 ibI 1 . 1 i 1 1? 'si- m.v \ ♦S; 050 Chap. • DECtARATlOH. , , c . in tlie county tcyof the P;"»;;:^'tlaBe„ (Kc.) and aUo into all and ««S-^' ^^^^„, ealvc. arUing, gro«- „ood, 8"»»,>7°^„^i„g and happening wthm i„g, renewing, '""'»"«,, „i^,,in the hounds h- the taid parish of —-. ' j^ ,,,t„,y, „hich „it» and '"l-^'^'^''/^"' i ,„ the »id^.A» i>"«. for a t«'™ «''"=\" "!^.\„d other «tong., Kf hiro from h.. sa.d farm , an (j,-,.) , • .!,<. Wit declaration O Ana t""' / , (as in tuc ia« ""="- ^ day ol '''\''>'"'"\r:t'e:ntf our said lord. l» in the year oi ^ ^ „„„„ty afore- king, at the parish ^f;"^ »«* ,„d there maile, „ia,by ""r\"!ro thes™d^.i>. and »hich and sealed with the seal "f *' «" ; „„„rt, the th.-a/.*««o--^^-^;r,ar aforesaid. datewhereo -"^J^i ™nor. rectory, had demised and f ""'l'" . „ „p„rtenances, to tlio . tenements and tithes w.th the appn ^^ ^^^ .aid /»/». tt.^ ; »» hav^ »''.-l '» 7* '"IL __ day Sa /»An /)« and his ^/^^g ^d unto th' of —then last P-'.Jo^and toing^ ^^^^^^ ^^^^ full end »<> '77,f.„-;7,Lpleat and ended: By ensuinK, and fuUj to be co ^^^^^^ ,iru,e of which said demise and ^an^, and tithes with the app ^^^^ ^^ j„ ,.^ „a „,, thereof P-^f ;„f Jj M» Dc. being .'^ himthereofgianted: Andthe s ^^^_^ _^.^^^_ ,„ thereof possessed, the ~ud ^ ._^ ^^^ __ »ards, to wit, on *e — X _ ^^^^^^j year aforesaid, "'f ;^;;,^te:;m.:nts and tithes ^ito the said manor, rectory, ^^.^j^ irith the a uiscd ai npr and f expired, t said farm ; with the li In the Kin (or, Comn (t- was attach fore the sa entered in tenances, in the cuu ^he said J pired: Ar with forci , t vj V .' ounty d also , bay, grow- within nds li- , which hn Doe, ejected ,gs, v«(c\ .n, {i^c.) of lord the ty afore- re made, ,nd which court, the aforesaid, , rectory, ces, to the ime to the — - day id unto the ihence next encietl: l^Y tie said /o/in , tenements md became cl term so to m Doe being dRoe after- - in the U.C. entered its and tithes with DECLARATION, vith the appurtenances, which tlic said J. B. had de>nised and granted to the sjaid John JJoe, in man- ner and for the toriii aforesaid, which is not yet expire^, and ejectod tiie said John Doe from hi^ said farm; and other wrongs, &V. (as in the last, with the like notice to appear.) i^' ) , In the King's Bench (or, Common Pleas). €51 Chap. '» ; :.'» (to wit). Richard Roe \aXt of term,(iCc.) (^n.) The i;kc, oil • — yeoman, aoui.ic .lomiie; was attached to answer John Doe, of a plea whe.rcr ^*'''' '""' ' ouster. Core the said Richard Roe, with force and arms, isc. entered into messuages, {i^c) with the appur- tenances, situate and being in tlie parish of in the county of , which A. R. had demised to the said John Doe, for a term which is not yet ex- pired: And also wherefore the said Richard Rot^ with force and arms, Kc. entered into otiier messuages, (^t.) with the appurtenances, situate and being in the parish aforesaid in the county aforesa,id, wliich E. F. had demised to the syid Jvhi^ Doey for a, term which is not yet expired, and ejected him from his said several farms ; and other wrongs, {Kc.) : And thereupon, (S(V.) that vvhcn'-as the said ^2. B. on the day of in the year of the reign of our said lord the lung, at tho parish aforesa'd in the county aforesaid, had de- mised the said tenements first above-iuent.oned with the appurtenances, to the said John Doe ; to have and to hold the same to the said John Doe and his assigns, from the day of '• then last past, for and during and unto the full end and tera% I of years from thence next ensuing, and fully to 'X\:,'. ." \^' m 653 OECLARATIO^f. TiiAK *o ^* complcatan' ended: And also that whereas ISLV. the said E. F. on *h'? said duy of in the • year aforesaid, at the parish aforenaid in the county aforesaid, had demised the said tenenicnts secondly abovu-mentioned with the appurtenances, to the said John Dot ; to have and to hold the same to the said John Doe and his assigns, from the said >.Jfc„ I >i*. M.x^ term, (5ff.) — yeoman, j (to wit.) Richard Roe late of was attached to answer John Doe, of a plea where- fore the said Richard Roe, with force and arms, H^c, \ entered into messuages, (^V.) with the appur- tenances,! DICLARATfOW. (.53 hereas in the in the lenicnU nances, tie same fom the nd (lur- — years 5ompleat demises, iveral te- )ned with ts thereof 3 to him said John ichard Rot P- in the s, «(c. en- St and sc- irtenances, spcctively ind for the ;pircd,and eral farms •, , 9. with the tcfianccs, situate and being in the parish of ■ ■ - in the county of——, which //. B. had dumiicd to the said John J)oe, for a term which is not yet ex- pired, and ejected him from his said I'arm: And also wherefori; the said Jiichard Jioe, with forcu and arms, kc. entered into other messuages, (i^i.) wijUi the appurtenances, situate und bein^ in the parish aforesaid in the county aforesaid, wlilch Jl\ F. had demised to the said John Doe^ for a term which is not yet expired, and ejected liim from his said last-nicntionud farm ; and other wron}rs, Kc. (as before, p. 648.) And thereupon, (5(c.) tht whereas the said A. B. on the day of in the year of the reign of our said lord the king, at tiie parish aforesaid in the county uforu- said, had demised the said tenements tirst above- mentioned with tlieappurtenancei, to the said John Doe ; to have and to hold the same to the said John Doe and his assigns, from the day of then last past, for and during aud unto the full end and term of years from thence next ensuing, and fully to be compleat and ended : By virtue of which said demise, the saidyoAn /^oc; entered into the said tenements first above-mentioned with the appurte- nances,and became and was thereof possessed, for the said term so to him thereof granted : And the said Johji Doe being so thereof possessed, the said Buhard lioe afterwards, to wit, on the day of in the year aforesaid, with force and arms, &V, entered into the said tenements first above-mentioned with the appurtenances, which the said A. B. had demised to the said John Doe, in manner and for the term aforesaid, which is not yet expired, and ejected the said John Doe from his said farm : And aho Chap. Xl.V k< 11 (X m ^ 4 mi H ■4 f : '1 : 1 '*' ■''i 1 V €5* Chap. XLV. DECLAltATIoW. ilso that whereas the said E. F. on the ^aid — '• — dat of in the year aforesaid, at the parish aforesaid in the county aforesaid ^ had demised the said tenements secondly above-tiiehtioned with the appurtenances, to the said John Doe; to have and ta hold the samfe to the said John Doe and his assigns, from the said day of then last past, for and during and unto the full end and term of years from tb next ensuing, and fully to be compbat and ended : By virtue of which said last- mentioned demise, the S9\A John /)o^ entered into the said tenements secondly above-mentioned with the appurtenances, and became and was thereof possessed, for the said last-mentioned term so to hira thereof granted : And the said John Doe being so thereof possessed, the said Richard Roe afterwards, to wit, on the said da(y of in the — — year aforesaid, with forCe and arms, Kc. entered into the said tenements secondly above-inentioned with the appurtenances, which the said E. F. had demised to the said John Dbe, in manner and for the terra last aforesaid, which is not yet expired, and ejected the said John Do6 from his said Jast-men- tioned farm ; and other wrongs, Hie. (as before p. 648, 9. with the like notice to appear.) I C§ 19.) Declaration by bill, ill K.ii. term, in the George tlm Third. r- year of tlie reign of king Roe, being in the custody of the diarshal of the mar- shalsea of our Lord the now King, before the king himself; for that wherea* A.B. on the day of ' in the year o^ the reign of our said lord! I tiifj (Noti< (to wit.) John Doe complains of RicharAM ^'" g's In the eJ bECLAnATIO'rf. 65S le parish nrtised the [ with the ive and to is assigns, L past, fot m of • tiUy to be h said last- nteired into -mentioned was thereof m so to him oe being so ; afterwards, in the • £Cc. entered e-inentioned 1 E. F. had jr and for the jxpired, and aid )ast-men- (as before p. ) reign of king ns of Richad I lal of the mar- efore the king le day of I )f our said lord the tlie king, at the parish of in tlie cottnty of ■ , liad demised to the said John Doe, mes^ suages, {^c.) with the appurtenances, situate and being in the parish aforesaid in the countj' afore- said ; to have and to hold the same to the said John Doe and his assigns, from the day of then last past, for and during and unto the full end and term of years from thence next ensuing, and fully to bccompleat and ended : By virtue of which said demise, the said John Doe entered into the said tenements with the appurtenances, and became and was possessed ^^hareof, for the said term so to him thereof granted : And the said John Doe being so tliereof possessed, the said Richard lioe afterwards, to wit, on the day of in the year aforesaid, with force and arms, Sfc. entered into the said tenements with the appurtenances, which the said A. B. had demised to the said John Doe, in manner and for the term aforesaid, which is not yet expired, and ejected the said John Doe from his said farm ; and other wrongs to the said John Doe then and there did, against the peace of our said lord tlie king, and to the damage of the said John Doe of /. and therefore he brings his suit, ^c. ' 'John Den, Pledges to prosecute. Chap. XLV. C John Den, 5, s and L Richard Fen. (Notice to appear " in his majesty's court of King's Bench at Westminster.'''') ■ , , In the Exchequer. term, (SCf.) (§20.) (to wit). John Doe, a debtor to our sove- Tiif-iiku.intL* I'll! 1 • 1 /• 11 livjiiequer. reign lord the now king, comes before the barons of \n m 656 Chap. XLV. (§ 21.) Affidavit of •ervice of de- claration ill t!Jt.'CtlUtUt. ■■1 Affidavits of service, Kc. of his majesty's Exchequer at IVeshninstery on the day of (last day of the term, preceding the time of service,) in this same term, by his attorney, and complains by bill against Richard Roe, present here in court the same day, of a plea of trespass and ejectment of farm ; for that where- as, i^c. (as in the last, concluding as follows:) to the damage of the said John Doe of /. whereby he is the less able to satisfy our said lord the king, the debts which he owqs to his majesty at his said Exchequer, and therefore lie brings his suit, &(c. ,v. K. Pledges, (&V.) ■,'^ I 'U. 658 Chap. XLV. ,1 ■ (^ 24.) The like, on Stat. 4 Geo. 11. 0. 28. where •the premises arc liiitciiunt- ei. AFFIDAVITS OF SERVICE, i^C. possession of part of the premises in the declaration of ejectment hereunto annexed mentioned, with ^ true copy of the said declaration, and of the notice thereunder written ; and this deponent at the same time read over tlie notice thereunder written to the said CD. and explained to him the intent and mean- ing of such service : And this deponent further saith, that he did, on the same day, also serve G. II. tenant in possession of otlicr part (or residue) of the premises in the said declaration mentioned, with another true copy of the said declaration and no- tice thereunder written, by delivering the same to, and leaving it with AT. II. the wife of the said G. II. at the dwelling-house of the said G. H. being par- cel of the premises in the said declaration men- tioned ; and this deponent at the same time read over the notice thereunder written to the said M. H. and explained to her the intent and meaning of such service. I.K, Sworn, (&V.) In the King's Bench. John DoCf on the demise of A. B plaintiff, Between and Richard Roe, defendant. the lessor of the plaintiff in this /. K. of — !— gentleman, severally J. B. of cause, and make oath and say ; and first, this deponent /. K. for himself saith, that he did on the day of last, affix a copy of the declaration in eject- ment hereto annexed, and the notice thereunder written, upon the door of the messuage in the said decla- decla Jl0tf( being bered ejectn tuaJ p for hi declan there v the sai «editan the ter year's r ture of 18-, a part, ai: that no < the said ditamenj the arrei this depJ ing the as aforej siiaqe, (J with thel for the said. Svvori A.B.\ cause, aj oath an(f 1 ': ^ k ation vith ai lotice ; same to the mean- •urthcr G.H. lue) of ;d,with ind no- ame to, i G. H. ng par- m men- ne read the said meaning iefendani. tiff in this severally inent /. A . day of jn in eject- thereunder ! in the said decla- APFI&AVltS OF SERVICJB, J(C. 6$f declaration mentioned, (or, in case the ejechttisnt is CHAf. flot for the recovery of a messuage, ** upon , XLV. being a notoritous placid of the lands, tenements or hereditaments, comprized in the said declaration in ejectment,"} there benng no tenant then in the ac* tuai possessioe^ on Boe. . of part or some the said plead to be enter* Roe^ by part of tj the said tenanted ^oe, on Boc. the decls nexed ; RULES FOR JUDGMENT. m i*ilW r the hthe ti the eof to dthat istant, :tment ritten, sing no ,nd this le copy affixed this dc- vith the tenant ■or lY as then ; appur- then due ler saith, ; said de- id power appiirtc- — year ot the tenant on of (or, if )me person stion, shall . appear Chap. XLV. appear and plead to issue, on next after , let judgment be entered for the plaintiff, against the now defendant Hoe, b}'- default. Upon the motion of Mr. . , - ...'., - t-rt ,;-'tt: BytheCourt. i^oi*, on the demise o^ J. B. -^ Unless CD. te- (§27.) Jioe * fnant in possession The like, fyr . part. of part of the premises in question," shall appear and plead to issue, on next after , letjuclgmejit be entered for the plaintiff, against the now defen- dant Hoe, by default : But execution shall issue for such part of the premises only as is in his possession. Upon the motion of Mr. , < ' BytheCourt. I)oe, on the demise of A.B, ^ Unless C. J). (5Cf.) (ii2S.) Jioe i tenants in possession The hku, where . . . , , partofthe pre- of part of the premises in question, and unless misesarefe- or some other person eiaiming title to such parts of pal-'t miteaant- the said premises as are untenanted , shall appear and ^'^' plead to issue, on- next after , let judgment be entered for the plaintiffagainst the now defendant Roe, bj' default: But execution shall issue for such part of the premises only as is in the possession of the said tenants, and such other parts as are un- • tenanted. BytheCourt. Doe, on the demise of ^. 5. I Upon reading^ the (§29.) Hoe , . /affidavit of /./C and K"i« to shew the declaration in ejectment and notice thereto an- sei vu'e oJ^the nexed J it is ordered", that C.Z;. the tenant in posses- '~j'''' "''"'" m S; r) .^l Uu3 not be sign S""<1 service. 662 CUAP. XLV. KULES AES1>ECTINC SERTICE, &e. sion of the premises in question, upon notice of this rule to be given to hin^, shall upon, (^c.) shevir cause, why the service of the said declarittion and notice upon M. H, his niece, should not be deemed as good service of the same, as if served upon him the said C. J). : And it is further ordered , that leaving a copy of this rule at the house of the said C. J), with some person there, or, in case no person can be met with, affixing a true copy thereof on the outer door of the ^aid house, shall be deemed good service of the said rule upon the said C D. Upon the mptioa of Mr. cular other vered deem per&o furthf the he there, the sa as goo the sal By the Courl. i (§ 50.) The like, why •crvice on the landlord, and a tenant of part of the pre- mises, being his stew aid, &c. should not be good ser- vice. D^Cy on the demise oiyi.B. ) Upon reading the Roe J affidavit of /. A", and another, and the declaration in ejectment and notice thereto annexed ; it is ordered, that C. D. tenant of part, and landlord of all the premises in question in this cause, upon notice of this rule to be given to him, or left for him at his dwelling-house at — — in the county of , and E. F. another tenant of part of the said premises, and who acts as steward or bailiff to the said C. D, in the management and receipt of the rents of the premises in question, upon jioticc pf this rule to be also given to him, shall upon, {JAc) shew cause, why the declarations and notices, the one nailed upon the door of a barn, being part of the premises in question, in the possession of the said C. D. and another copy nailed on the front door of the rectory-house late in the possession of G. li. other part of the said premises, — which rectory- house was Bhut and fastened up, and is more parti- cularly puts ir ard fid farm. the sui •wer end, oij as folk And] comes j says n year of the reign of ^^ ^ ' kmg Gfo/'^'t' the Third. ;^^ ton,ics, tor tht - ' ■' teiiaiit rii hv IS ordered, f,.ud,.vc. by the con- sent of the at- " " — — to wit. .Doe, on tiMj demist: of ./. B. -\ ajjaiiist Uoe, for messuage"*, {Hfr.) in ' the parish of in tlie said county ; (or if there he Beveral deiiascs, say, " Dof, on the demise of ^1. B, for messuages (iS'<.) ia the parish of in the ^uid county, and also ou tiie demise of E, F. for other messuagi'S, {i^c.) ia the parish of in the saidcoimty, against /lot ;" and if the te- nant appear for part only, add " btin)f part of tii« premises mentioned in the declara- tion.") now defendant Roe^ and do forthwith appear, at the suit of the plaintiff, and (if the ejectment be hy bill,) file common bail, and receive a declara- tion in an action of trespass and ejectment, for the premises in question, and forthwith plead thereto not guilty ; and upon the trial of the issue, confess lease entry and ouster, and insist tornies for f both parties, that C. D. be made defend- ant in the stead of the !' ! 1 IL «66 CONSENT-RULEJ. Chap. XLV. Con«ent-rule thereon. (§ 35.) Thtdikft.in th« C'nniinon Pleu>. insist upon the title only ; otherwise let judg, inent be entered for the [itaiiidflT against the now defendant Boe, by default : And if upon the trial of the said issue, the said C. D. shall not confess lease entry and ouster, whereby the plaintiflT shalll not be able further to prosecute his writ (or, " biir*) against the said C. D. then no costs shall H . ?11<>iv. ed for not further prosecuting the vuw, b'lt \\- laid CD. shall pay costs to the piauitifK in tiat case to be taxed: And it 's fur'lior ordered, that if upon the trial of the said isi> k , a verdict shall oe given for the said C. D. or it shall happrn that the plaintiff shall not fuither prosecute his suid writ (or ** bill"), for any other cause than for not confessing leacc entry and ouster, then the lessor of the plain- ti(T shall pay to the said C. D. costs in that case to be adjudged. /. K. attorney for the plaintiff. L. M. attorney for the defendant. In drawing up the rule on this consent, the ClerV of the rules prefixes the day of making it ; omits the premises in the margin ; and instead of the attornies names at the end, adds '' By the Court." In the Common Pleas. term, in the year of the reign of i ing George the Third. to "if 4V>, .(» the ii • L. ofN It is ordered, yl.B, ^%a\Mi Roe, hr messuages, ft'r. \by Consent of (as in the last.) ) I. K. attorney for the plaintiff, and L. M. attorney for C. D. who claims title to the tenements in question, that the said C. D. shall be admitted defend- ant ; and that the said C. D. shall immediately ap- pear Doe, JRoe . and H| the pi it is o for coi sing tnai oi shall b ^OT<78ENT.»ULl«. «cv t judg, the now ic trial of 'ess Iflase 11 not be " bill") \j ^ . in titat necl, that ct shall ist n that the id writ (or confessing the plain- lat case to laintiff. defendant. t, the ClcrV g it ; omits of the reign ; is ordered, consent of K. attorney r for C. D. in question, ted defend- lediatcly ap- pear pear by hw sn'*! Mtoriii'yr who shall receive a de- claration, and pica'l thnnerto the gencnd isstio, thi» term; and ^ i»t at tiic ni«i to be huJ tli tuou, tho said C. J}, shall appi'ar in his projH r person, or i»v liis counsel or attorney, and confess Icii^** entry and ouster, of so nnicii of tlii? ttMU'inents sptcitied in the plaintift's doclarution, as arc in the pcwsi's- aion of the said defendant or liis tenai^c, or uny person claiming by or under his titlt- . or tliut in default thereof, judgment sIihU be tiicrcupon enter- ed against the defendant Richard fioe^ the casual ejector; but proceedings shall he sta\cd against him, until default shuU be made in an_ of the pre- mises : And by thj like consent, it is 'urlher or- dered, that if by reason of any such dofault, the plaintiff shall happen to be nonsuited upon the trial, the said C. J), shall take lo advan- tage thereof, but shall thereupon pay to lie plain- tiH" costs, to be taxed by the prothonotario? : And it is further ordered, that the* lessor of the plaintiff shall be liable to the payment of costs to t i - said C. D. by the court here to be in any map ur al- Wed or adjudged. By the Court. Ct«AK XLV Doe^ on the demise of A. B. , uii LUC v>«.iiii9t:ui ^4.1^. ) Upon reading; tlic (5 36.) Hoe Jruli? made yesterday. '""'«''" '!•*• (&V.) for th(^ less »r of t'a itnimt tn s k'Ui itry (SCf.) for the tenant ; a,'.il.„V and upon hearing Mr. — tlie plaintiff, and Mr. - it is ordered, that the defendant enter into a rule ""'y- for confessing lease and entry, and also for confes- sing ouster of the nominal plaintiff, in case an ac- tual ouster of the plainti.Ts lessor by the defendant shall be proved at the trial, but not other^vi^e. By the Court. ■|*.. '. i; 66S COK'SENT-RULEfi. m Chap. XLV. . (§37.) . Conscnt-vulc tliercuiu Doe, ^ It is ordered, by the consent of (he attor- I^oe. ) nies for both parties, that C. J), be mady defendant, .^'c. (as before p. 665. to " not guilty;") and upon the trial of the issue, confess lease ami entry, and also ouster of the nominal plaintilV, in case an actual ouster of the plaintili's lessor by the defendant shall be proved at the trial, but not; otherwise, and insist upon the title and such actual ouster only ; otherwise let judgment be entered, (5s"r.) and if upon the trial of the said issue, the said C. D. shall not confess lease and entry, and also ouster upon the condition aforesaid, whereby, (5 fcrnlcd. (§ 43.) Rule in K. B. for staying proceedings, till a guardiaa 'te appointed fur uu infant lessor, to an- swer ';ogts. Id9 STAYING PROCEEDINGS. I do hereby give you notice, that this ejectment IS defended for messuages, {^c.) with the ap- purtenances, situate in the perish of in the county of , now in the possession of the above- named C. D. or his under-tenant. Dated, (6(V.) Yours, Sic. L. M. defendant'^ attorney. To Mr. /. K. plaintiff's .'attorney. DoCy on the demise of ^. B. \ Upon reading the af- Roe lfidavitofZ.i»/.(6<'f.)itis ordered, that the lessor of the plaintiff, upon notice, (SCc.) shew cause, why further proceedings in this action should not be stayed, until a sufficient guar- dian be appointed for the lessor of the plaintiff, who will undertake to pay to the defendant, such costs as may happen to be adjudged to him ; and that in the mean -time, further proceedings be stayed. Upon the motion of Mr. . By the Court. Doe, on the demise of A. B. i U pon reading the (s 4^ j Roe. ) affidavit of Z.il/. and The like, till another, it is ordered, that the lessor of the plaintiff", given for costs, upon notice, (Ssf.) shew cause, why further pro- ceedings in this cause should not be stayed, until sufficient security be given to answer the defendant his costs, in case the plaintiff shall be non-suited, or a verdict shall be given for the said defendant ; and that in the mean-time, further proceedings be stayed. [Upon the motion of Mr. . . ^ By the Court. 1 Doe, ill 1 , « ,• ■ H ■ I .ill: 1 i «12. rssu£ls. CrtAP. fyo^fOnihedetnhe of J.B. } Upon readirtj^ the XLV. Roe . . /affidavit of the de- (§ 47.) fondant, it is orilerdd, uport the said defendant's ^'vimMlt'of" fortliwith bringing into court, the whole rent due icut,.&c. and in arrear, and such sum to ansfwdf the costs as the master shall direct, that further proceedings in this cause be stayed : And it is referred to the master, to compute the said arrears 6f rent, and ^ ^^. to tax the said costs ; and upon the said dcfen- :'l dant's paying tjie said lessor of the plaintiff, what the said master shall find due and allow for the Said rent and costs, that all further proceedings i. therein, as to the non-pay mertt of the said rent, '. be stayed : But it is further ordered, if the said les- sor of the plaintiff has any other title to the premises in question, than for the non-payment of the said rent, he is at liberty to proceed. Upon the mo< tion of IMr. » - By the Court. a 4?.) tt!4iiu, by ori- ttnm, (the term of the appearance and plea,) in the year of the reign of king George the Third. (to wit). C. D. was attaclicd to answer Jo/;?: Doe, ^c. (as in the declaration to thecnd, substitut- in3al defendant for that of the casi!al ejector, and omitving the notice; after which proceed on a new line as follows :) ' And the said C. I), by L. M. his attorney, comes and defends the force and injury when ^c. and says that he is not guilty of the supposed trespass and ejectment above laid to his charge, in manner and form as the said John Doe hath above thereof i complained against him : And of this lie the said CD, puts! itoe. that mast^ the plain] noti( the s| the motiJ Ak "tril theii pass] nianl 1 POSTEAS. 673 diilf^ the the de- 3fendant'» rent due the costs oceedingB red to the rent, and laid dcfen- ntiff, what ow for the )roceedings » said rent, [he said les- he premises of the said pon the mo^ the Court. ce and plea,) [ king George o 2iT\?,wet John ;nd,sabstitut- or that of the J ; after which tovney, comes when &Cc. and .posed trespass r'Te, in manner : , above thereoi' le the said C.i-J. puli] puts himself upon the country ; and the said John Doe doth so likewise : Therefore tlie sheriff" is commanded, that he cause to come boforo our lord the king, on wheresoever our said lord the king shall then be in Englandi, twelve, He. by whom, ^c. and who neither, &f. to recognize, b(c. because as well, &.V. ; the same day is given to thd parties afofesaid, ike. .- ' .. 'v The issue by bill, jury-process, and record of nisi prius in ejectment, are the same as in other cases, except that the plea or action is described as '* d plea of trespass and ejectment of farm." CHAt», XLV. next after in tht year of (§ «.) Rule for cosls< for not pro- ceeding to trial acconliiig to notice. king George the Third. Doe, on the demise of A. B. ") Upon reading theaf- > fidavit of L. M. -"<'^' • • J gent, it is ordered, that the attornies on both sides shall attend the master, and he shall examine the matter, and tax the defendant his costs, for that the lessor of the plaintiff has not proceeded to trial pursuant to his notice ; "which costs, when taxed, shall be paid by the said lessor of the plaintiff, if it shall appear to the master that costs ought to be paid. Upon the motion of Mr. . iB}' the Court. Afterjoards, S(c. (as before, p. 238. to the words (§50.) *' tried and sworn," and tlien as follows :) say upon Posica for th* their oath, that the said C. D. is guilty of the tres- not guilty. pass and ejectment within laid to hiii charge, in manner and form as the said John Doe hath within X X complained m 51 li "V: 674 Chap. XLV. (§51.) The like, for liei'endant. FOSTEAS. ,, • complained against him ; and they assess the da- mages, Ssc. (as before, p. 247). ' '• • . • ■ ' ' ' ■■■' , ' ' Say upon their oath, that the said C. D. is not gnihy of the trespass and ejectment within laid to liis charge, in manner and form as the said John Doc hath witliin complained against him : There- fore, i^c. (§ 52.) as to , parcel of the tenements within- wheie'^^' t mentioned, say upon their oath, that the said C. D. is found for the is guilty of the trespass and ejectment within laid partforthedc- to his charge, in manner and form as the said A. B. nsndant. \i„it\\ within tliereof complained against him ; and they assess the damages, {^c.) And as to the resi- due of the tenements within-mentioned, the jurors ' aforesaid upon their, oath aforesaid say, that the said C. D. is not guilty of the trespass and eject- ment within laid to his charge, in manner and form, t [Kc.) : Therefore, 5Cf. (§ -^s-) Aftcnmrds^ that is to say, on at , before, no'irsuit*for*'iiot K^*-'- ) comes the within-named John Doe^ by his attor- confesiiiii!: jjgjy within-mentioned, and the within-named C. D. lease enfry aji. I ouster. although solemnly required, comes not, but makes default ; tiicrefore let the jurors of the jury, where- of mention is within made, be taken against him by his default; and tlie jurors of that jury being summoned also come, and to speak the truth of tlie matters within contained, being chosen tried and sworn, the said C. J), although solemnly cal- led to appear, by himself or his counsel or attor- lle^-, to confess lease entry and ouster, doth not come, by himself or his counsel or attorney, nor doth da-i is not aid to John rhere- within- l C. D. lin laid dA.B. m. ; and ;he rcsi- c jurors that the id eject- nd form, -, before, his attor- ned C. D. >ut makes y, where- linst him ,iry being ; truth of [iscn tried imnly cal- , or attor- doth not SPECIAL VERDICT. doth he confess lease entry and ouster, but therein makes default ; wherefore the said John Doe doth not further prosecute his writ (or, bill) against the said C. D. Tliercfore, SCc. ^75 Chap. XLV. rney, nor doth Afterwards ^ that is to say, on the day and at the ^55*) , ' . , . • 1 oc / • J Special vgr* place withm contamed, »,c. (as in a common postea, ji^t. to the finduig of the jury, which varies according to the facts of the case, and conclude as follows:) But whether or not upon the whole matter afore- said, by the jurors af'^rcsaid in form aforesaid found, the said C. D. is guilty of the trespass and eject- ment within specified, the jurors aforesaid are alto- gether ignorant ; and thereupon they pray the ad- vice of the court of our said lord the king, before the king himself: And if upon the whole matter aforesaid, it shall seem to the said court, that the said C D. is guilty of the trespass and ejectment aforesaid, then the jurors aforesaid upon their oath aforesaid say, that the said C. D. is guilty thereof, in manner and form as the said John Doe hath within thereof complained against him ; and in that case, they assess the damages of the said John Doe, on oc- casion of the trespass and ejectment aforesaid, be- sides his costs and charges by him about his suit in that behalf expended, to /.and for those costs and charges to s. But if upon tlie whole matter aforesaid, it shall seem to the said court, that the said C. D. is not guilty of the trespass and eject- ment aforesaid, then the jurors aforesaid upon their oath aforesaid say, that the said C. D. is not guilty thereof, in manner and form as he hath within in pleading alledged. And because, (6 together with his damages costs and charges by him in this behalf sustained : Therefore it is considered, that the said J»dsm''iit John Jjoe do recover against the said L,D. his said - with the 7. for his term yet to come pf and in the said - appurtenances, parcel, Uc. and also - said damages costs and charges, by the court of pur said lord the king now hei-e adjudged to the said John Doe, and with his assent, and alsq with the as- X jj 3 sent I 67$ juIdoments. Chap. XLV. sent of the said C. D. And let the said C. D. he acquitted of the said trespass and ejectment in the residue of the tenements aforesaid, and go thereof without day, i^c. And the said John Doe prays the writ of our said lord the king, to bu directed to the sheriff of aforesaid, to cause him to have pos- session of his said term yet to cbmo of and in the said with the appurtenances, parcel, Kc. and it is granted to him, returnable before our said lord the king, on wheresoever, i(c. , (§ 57.) The like, on verdict for the piMintjHr. (To the end of tiie postea as in other cases, mutatis mutanclisy aiiJ then as follows:) There- fore it is considered, that the said Johri Doe do recover against the said C. I), his said term yet to come of and in the tenemjnts aforesaid with the appurtenances, and his said damages to /. by the jurors aforesaid in form aforesaid assessed, and also — — /. for his said costs and charges, by the court oi'our said lord the king now here adjudged of increase to the said John Doe, and with his assent ; which said damages costs and charges in the whole amount to /. : and let the said C. D, be taken, &V. And hereupon the said John Doc prays the writ of our said lord the king, to be directed to the sheriff of the county of aforesaid, to cause him to have possession of his said term yet to come of and in the tenements aforesaid with the appur- tenances; and it is granted to him, returnable be- fore our said lord the king, on wheresoever, ik 58.) Therefore it is considered, that the said John Doe JhtpihiaiiS 9^& ^® recover against the said C. D, his said term yet to Capialur. li^iik' JUDCMtNTH. t« to come of and in the saiil parci-l, .Vf. with fii XL the appurtenances, and the damages vmU and charges aloresaid, by the jurors aforesaid in torm •"P"''' '*•'«• aforesaid assessed, and also ■ /. tor his said eosts 'ji- the detvn- and charges, by the court of our said U)rd the kin^ rcMiiuJ. " now here adjudged of increase to the said Jo/iii Doe, and with liis assent ; which said damages costs and charges in the whole amount to /. And let the said John Doc be amerced for liis false claim against the said C. J), as to the rt;siduc of the tene- ments in the said declaration mentioned, whereof the said C. D. is acquitted in form aforesaid ; and the said CD. go thereof withou*- duy, c'^'c And liercupon the said John Doe prays the writ, 5<"c. (as in the last.) (To the end of the postea, and then as follows ;) And thereupon the said John Doc freely here in court confesses, that he will not further prosecute his suit against the said C. D. as to the remaining three- fifths of the tenements in the said declaration men- tioned ; therefore, as to the said three-fifths of the tenements aforesaid, let th., lid C. D. be acqnitt(ul, and go thereof without dav,isV. : And the said John Doe prays judgment, and his term yet to come of and in the said two-(ifths of t)ie tenenieats aforesaid, whereof the said C. D. is convicted, togetlier with his damages costs and charges aforesaid : Therefore it is considered, that tlie said John Doe do recover against the said C. D. his said term yet to come of and in the said two-fifths of the tenements aforesaid with the appurtenances, and the damages costs and charges aforesaid, by the jurors aforesaid in form aforesaid assessed, and also /. for his said costs X X 4 and (5 50.) The likf, for tlio plaiiititr, as to part of tilt! pruiiiisus, and ;(()//(■ /(roYcyv/ aS to tilt! rcuiilue, furwliich ilitre was w) Ihiuiiig' by llie jury ; with uwai'd of hnlii'ii- f'lcini pc>i.ir\,.i.'oiiem, and return. Judgment sijfni'd, /'t.V''..' ' I . i ; • I ■ !■ '* 6S0 KXF.CUTION. Chap, XLV. Ci'liialur. and cliarpes, by the court of our said lord the king now here adjudged of increase to the said John Dot, nnd with his anscnt ; which said damages costs and charges in the whole amount to /. ; ami let the said C. I), he taken, 5f<'. And hereupon the said John Doe prays the. writ of our said lord the king, to bo directed to the shcrifTof thi- county of aforesaid, to cause him to have possession of his said term yet to come of and in the said two-fifths of the tene- ments aforesaid with the appurtenances; and it is granted to him, returnable before our said lord the king, on wheresoever, (iKf.) At which day, before our said lord the king at IVtsfminster, comes the said Jofiti Doe by his attorney aforesaid ; and thu sherifT, to wit, sheriff of the said county, now here returns, that by virti;c of the said writ to him directed, ho had on the day of in the year of the reign of our said lord the king, given full and peaceable possession unto the said John Doe of the said two-fifths of the tenements aforesaid with the appurtenances, in the said writ mentioned, as therein he was oommandcd. (§ 60.) Hule for t'xe- riitiitii a;;,Miist the casual ejec- tor, wlicre tlie I'Hidldi'l iiarl bcfi) made de- fendant, and failt-d at the trial. Doe, on the demise of J. B. ^ Upon reading a rul<- made in this cause, Roc. Mnai and /;./'. therein named having made himself defendant, in the stead of the casual ejector, pursuant to the said rule, and the postea in the said cause being pro- duced and read, and a rule ma/lc in the same cause this day; it is ordered, that the said £.F. upon notice of this rule to be given, to his attorney, {^c.) shew cause, why the plaintiff should not have leave to sue out cxecutinu, upon the judgment signed agauisi ETtF.CUTTON. tgft'Mt tlie casual ejector, pursuant to the fjrst- niciitioiieJ rule. Upou tluj niotiou ol' Mr. . fJv thu Court. €81 f'WAF. XLV. f «ij'l ilJ George the Third, (5(V.) To t!ie shcriH'of (^'i'-) greeting: Wht-reas Jo/in Dor iati^ly in our court ^,j^|,J/,'jy'^'^f,^'[' before us at West minster, by our writ, (or if hy A///, say " hy hill without our writ,") and hy tiie jucignient of the same court, recovered ap^uinst C.J).* his term then and yet to cotneofand in dwellinj^-houses, ^V. (as in the tlcclaration in ejectment,) with the appurtenances, situate and heing in the parish of in your county, whicli .^1. li. on the day of in t!ie y(!ar ofour reign, had demised to the said John Doc. to hold the flame to the said John Doe. and his assicjus, from ilu day of then Inst past, for and durin;; and unto the full end and term of years from thence next en&uing, and fully to he complete and ended ; by virtue of which said demise, the said John Doe entered uito t!ie said tenements with the appiu'te- iianccs, and was possessed thereof, until the sa'd C. D. afterwards, to wit, on the day of in the year aforesaid, with force and arms, ^c, entered into the said tenements with lite appur- t '.'nances, wliich the said A. B. !iai! d.onii^cd to the said John l)oe^ in maimer and for the term aforesaifl, which was not then nor is yet expired, and ejeet.j;d the said John Doe from his said farm ; whereof the said C D. is convicted, as appears to us of record : Therefore we command you, tiiat without delay you \\X\ * If the judiruient was by default, the execution is against Jlkhard Rue, the casual ejector. cause 682 EXECUTION. Chap. cause the said John Doe to have the possession of ALV. })ig siiij term yet to come of and in the tenements aforesaid witli the appurtenances ; and in what man- ner you shall have executed this our writ, make appear to us, on wheresoever we shall then be in Engla7ul i and have there this writ. Witness, (5 fi2.) George the Third, (SCr.) To the sheriff of Theiikc, on a oTeetinff : Whereas John Doe lately in our court before us at Westminster, byour writ, (or if by billy say *' by bill without our writ,") and by the judg- ment of the same court, recovered against C. D. his term then and yet to come of and in dwelling- houses, &(<•. (as in the declaration in ejectment) with the appurtenances, situate and being in the parish of in your county, which A.B. on the day of in the year of our reign, had de- mised to the said John Doc, to hold the same to the said John Doe and his assigns, from the day of in the year aforesaid, for and during and unto the full end and term of years from thence next ensuing, and fully to be complete and ended ; and also his term then and yet to come of and in other dwelling-houses, (&'f.) with the ap- purtenances, which E. F. on the day of in the year aforesaid, had demised to the said John Doe, to hold the same to the said John Doe and his assigns, from the day of in the year aforesaid, for and during and unto the full end and term of years from thence next ensuing, and fully to be complete and ended ; by virtue of which said several demises, the said Johti Doe en- tered into the said several tenements with the ap- purtenances, follow writ, bedu count out d( posses come the a] sheritl to yol EXECUTION. 683 purtenanccs, and was possessed tliercof, until tlic Cjiap. said C. D. afterwards, to wit, on the day of XLV. in the >i- 'i' aforesaid, with forct; and arms, Kc entered into the said several tenenicnts with the appurterianees, whicli the said //. B. and K. F. had respeetively demised to the said John Doe, in manner and for the several terms aforesaid, which were not then nor are yet expired, and ejected the said John Doc from his said several farms ; whereof the said C. D. is convicted, as appears to us of re- cord : n'herefore we command you, that without deluy yon cause the said John Doe to have the pos- session of his said ^jeycral terms, yet to come of and in the said several tenements with the appurte- nances ; and in what maimer you shall have exe- cuted tliis our writ, make appear to us, on wherQSoever, {S^V.) ; and have there this writ. Wit- ness, {^c.) George thi.' Third, {&Cc.) To our chancellor of (§ <>3.) ouv county -m\\a.ime oi' La ncastey\ or to his deputy The like, to« there, greeting : Whereas, SCf. (as in the last writ, to tine. the words *' as appears to us of record," and then as follows :) Therefore we command you, that by our writ, under tlie seal of our said county-pal itine to be duly made, and directed to the sheritFof the same county, you command the said sheriff, that with- out delay he cause the said John Doe to have t'le possession of his several terms aforesaid, yet to come of and in the several tenements aforesaid with the appurtenances; and in what manner the said sheriff shall execute our said writ, let him certify to you, so that you may make the same known to us, M ^i m I 'J ^ s-^l fSi EXECUTION. Chap. "S on — XLV. iliis writ. Witness, (5("c,) wheresoever, (>-^V.)j and have there (fj 64.) The like, and ticrifiUiUi for costs. George the Third, {Kc.) To the sheriff of greeting: Whereas, &'f. (as in flie habere fuciaSy to the return-day, and then as follows;) We also command you, that of the goods and chattels of the said C. D. in your bailiwick, you cause to be niade /. which the said John Doe lately in our said court before us at Wesiminster aforesaid, recovered against tlie said C. D. for his damages which he had sustained, as well on occasion of the trespass and ejectment aforesaid, as for his costs and charges by bim about his suit in that behalf expended ; where- of the said C. D, is also convicted, as appears to us of record : And have you the said monies before us, on the return-day aforesaid, wheresoever, (5Cf.) to render to the said John Dw, for his damages afore- said ; and have there this writ, Witness, {i^^c,) (§ 05.) The like, and capias ad satis- Jfaricndum for posts. George the Third, C&V.) To the sheriff of greeting: Whereas, &"f. {as in the habere facias pox- sessionem^ to the return-day, and then as follows:) We also command you, that you take the said 6\ I). if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us, on the return-day aforesaid, wheresoever, (iS(t\) to sa- tisfy the said Johii Doe /. which in our said court before us at Wastmin&ter aforesaid^ were ad- judged to tliQ said Joh)} Doe, for his damages which he had sustained, as well on occasion of the trespass and ejectment aforesaid, as for his costs and charges by him about his "lit in that behalf expended • whereof ; there )f iciaSf to Ve also of the be made 3iir said covered h be had pass and aroes by ; vvbl^lt^- ars to us lefove us, , (SCf.) to Tcs afore- ffof facias pox- i follows:) said CD. him safely ■ore us, on ic.) to sa- il our said ^ were ad- iges \Yhich he trespass ,nd charges expended '^ whereof EXECUTION. C3' v/hereof the said C. D. is also convicted, as appears to us of record ; and have there this writ. Witness, (&V.) Cftap. XLV. Between la the King's Bench. John Doe, on the demise of (§ ef!.) ^.B plaintiH; ffliJ^-/"*" j'.rid fusti!, iic. \'> ^ r^ 1 r 1 . foiin instant (or last), personally serve t!ie above-named A. B. with the rule or order for the payment of costs, on account of his not having proceeded to trial pursuant to his notice, and the master's r/Z/o- Cfl/j»' thereon, and also with tlie consent rule, and writ of capias ud satisfaciendum under the seal of this honourable court, hereunto annexed, by delivering xmto him the said A. B. true copies thereof respec- tively ; and at the same time, he this deponent shew- ed the said original rules, allocatur and writ of capias ad satisfaciendum, to the said A. B, and demanded of him the payment of ^he sum of /. taxed upon the said first-mentioned rule or order, and also of the further sum of /. beincf the costs ad'uido-ed to him this deponent, on the final judgment obtained in the above action, as appears by the master's allo^ catur on the said first-mentioned rule or order, and by the said writ of capias ad satisfaciendum : But the said A. B. refused to pay the same, or any part thereof, and the same are still wholly due and unpaid. Sworn, (^c.) .i J if ■■: George *586 SCIRE FACIAS. Chap. Cfnrge the Third, {&(c.) To the sheriff of— - — . XLV. greeting: Whereas John Doe, lately in our court (§ 6''-) before us at Weslininster, by our writ, and by the fhe jfahuiff^^'^J^^'S'^^"' °^ ^^^ same court, recovered against C. D. (or, if against the casual ejector, ** Richard Hoe,^'') his term then and yet to come of and in one messuage, (&V. ) with the appurtenances, in the parish of in your county, which A. B. on the day of in the year of our reign, had demised to the said John Doe ; to have and to hold the same to the said Joh7i Doe and his assigns, from the day of then last past, for and during and unto the full end and term of years from thence next ensuing, and fully to be complete and ended ; by virtue of which said demise, the said John Doe entered into the tenements aforesaid with the appurtenances, and was thereof possessed, until the said C. D. (or *' Richard Roe''') afterwards, to wit, on the day of in the year afore- said, with force and arms, &"c. entered into the te- nements aforesaid with the appurtenances, which the said y/. B. bad demised to the said John Doe, in manner and for the term aforesaid, which is not yet expired, aud ejected the said John Doe from his said farm ; and also 1, for the damages which the said John Doe had sustained, as well on occasion of the trespass and ejectment aforesaid, as for his costs and charges by him about his suit in that behalf expended ; whereof the said C D. (or *' Richard Rcc^'') is convicted, as appears to us of record: And now, on the behalf of the said i/o/in Doe, in our saitl court before us, we have been in- formed, tiiataUhough judgment be thereupon given, yet execution of ti'.at judgment still remains to be made ? 'C court y the jfainst chard n one the on the had ;o hold i, from during :s from »te and he said lid with ;d, until Irds, to r afore - 3 the te- ;, which >kn DoCy ch is not from his es which occasion s for his t in that :.D. (or 5 to US of said John heen in- ton given, lains to he made SCIRE FACIAS. made to him ; wherefore the said John Doe hath humbly besouglit us to provide him a proper re- medy in this behalf: And we being willing* that what is just in this behalf should be done, conunand }oii, that by honest and lawful men of your bailiwick, you make known to the said CD. (or, *' Richard Roej"") that he be before us, on wheresoever, {i(c.) to shew, if he has or knows of any thing to say for himself, (or, if against the casual ejector, tlie she- riff should be commanded to " make known to the said Richard Roe, and also to and the te- nants of the tenements aforesaid, tliat they be before us, on wheresoever, (i^f.) to shew if they have or know, or if either of them hath or knoweth, of any thing to say for themselves or himself,") why the said John Doe ought not to have the possession of his said term yet to come of and in the tenements aforesaid, and also execution of the damages costs and charges aforesaid, according to the force form and effect of the said recovery, if it shall seem ex- pedient for him so to do ; and further to do and receive what our said court before us sha consider of him (or, them) in this behalf : And have there tlie names of those by whom you shall so make known to him (or, them), and this writ. Witness Ed- Xi'ai'd Lord £/!cnlforough, {& read by. 24. (^ 24.) ill margin, dele Precipe for, •75. (§ 39.) in marifiti, fur Return read E?j/'-^ of return. 1 8'2. (§ 1 .) line 8. for Christian name of C read vame of C, I). 1 89. (§ 3.) at tlje 'inA, add /Ac name dcy is giuen to the parties (foresiiicf, &t'c. 200. (§ ]3.) in margin, foi The like, on demurrer read For the difrndarit to enter it, 12.'38. (^ 1.) line 4. fur W.liittm Jones read Exvan Law, 239. (5 '2.) line 4. The like. Id. (§3.) line 4. The like. 479. {\ 'JS.) in margin, for Rule to appear read Rule for judi^mtnt. .507. (§ 2.5.) in margin, The like. 613. line 16. for 610, 11. read fill. N. B. The form of the affidavit, in p. 100. (§ 11.) has become obsolete; and that of the writ of inquiry, in p. 171, 2. is rendered unnecessary, in consequence of tlie determination of the Court of Common Pleas^ in the case of Moody \. Pheasant, 2 Bos. & Pal. 446. ^ ''VW^-ii-' INDEX. I - A ABATEMENT Plea of misnomer in. 182 See Affidavits, 81. Judgments, 33. 63. ACCEDAS AD CURIAM. See l?tf/)/mn, iQi 20. AC-ETIAM X. In assumpsit, at the suit of execu- tors. 26 2. The like, at the suit of administra- tors, ii. 3. The like, at the suit of assignees ol a bankrupt. ib. 4. In covenant. ib. c. — debt on bond, Sfc. ib 6. — debt on recognizance. 27 7. — debt on statute. zb. 8. — detinue. ib. 9. — trover. ib. 10. —•trefipa.ns de ionis asporiatis. ib. 11. — trespass and assault. ib. 12. — crim. con. ii. ACTION, Notice OFi See Notices t t,t,Sfc. ADMINISTRATOR. 9ee Exxutors and Adminisivutors. AFFIDAVITS To HOLD TO Bail. 1 . For money lent. 76 2. By a wife or servant. 77 3. For money paid. ib. 4. — money liad and received, ib. 5. — money lent, laid out, and had and receive;!. 78 6. — interest of money. ib, 7. On an account staled. ib. 8. For woik and labour. ib. 9. The Ike, by plaintiff and his servants, with horses, 4fc. ib. (O. For work and labour, and ma- terials, ib, 11. — servant's wages. ib. 12. — work and labour as a sur- veyor. 79 13. The like, as a surgeon and apo- thecary, ib. 14. Tlie like, as an attorney, and lor idiii, where a suit is carried on, ib. 1 5. The like, for drawing deeds, ^c. 80 16. For goods, ^c. sold and delive- red. il>. 1 7. — goods bargained and sold to defendant, and delivered to a third person. ib. 18. — money agreed to be paid on an exchange ot horses. ib, 19. — necessaries found and pre- vided. ib. 20. — medicines, i^c. ib. y y 21. For '(•:i i\\ ' '■' ignature of p', lition and con- sent, for admission oi prochein ami. II 65. Of plaintiff's debt and costs, on outlawry. 62 66. Of service of process. 97 67. Of notice of bail, when not ex- cepted to. 100 68. Of bail put in before a commis- sioner. 99 69. Of the justification thereof. 10a 70. Of service of notice of justifica- tion. 103 71. To oppose bail. ib. 72. Of service of notice of render. 108 73. Of service of rule on the sheriff, to return writ, ^c, 109 74. The like, to bring in the body. 1 1 5 75. Of the delivery of copy of de- claration against a prisoner. 130 76. Of gaoler's signature to certifi- cate, ior prisoner's discharge. 132 77. Of service and attendance on summons (or summonses) for pri- soner's discharge. 1 3 3 78. To INDEX. 691 [led In 87 on a 88 M. lb. lent re- 89 ib. ib, ly note, 90 ib. a sliip. lb. s. oFclerk- 4 '• 5 ity. 6 u sue in 9 and con- lifin ami. II costs, on 6z 97 Ml not ex- 100 a coin mi s- 99 reof. 10a f juslifica- 103 of render. 108 the sheriff, 109 ! body. 1 1 5 (py of do- ner. 130 to cerlifi- large. 13s ndance on s) for pri- <33 78. To I 78. To enter ir^ judgment, on a war- rant of att'-.m-y. 162 79. For leave to compound a penal action. 1^3 80. T«) change the venue. 180 81. Of the truih of plea in abate- ment. 182 82. For costs, for not proceeding to trial. 210 83. Of demand and refusal of costs when |)ayable to the attorney, ib. 84. For judgment as in case of a nonsuit. 212 85. The like, after a peremptor undertaking. i 86. To put otF trial, for the absence of a witness. 213 87. To obtain habeas corpus ad testi- ficandum. 227 88. Of the execution of arbitration bond. 23 < 89. The like, of award. ib. ,90. Of demand and refusal, Ac. to ground attachment thereon. 236 91. The like, of the sum awarded, and taxed costs. 237 92. Of increased costs. 317 93. For leave to enter suggestion on the roll, on the court of conscience act for London. ib. 94. Of signature to certificate, on the memorial of a judgment. 3 16 95. To be anne5:ed to notice and schedule, by insolvent debtor, 011 the lords' act. 402 96. Of service of noUce and sche- dule, ih. 97. Of gaoler's signature of certifi- cate. 404 98. Of service of rule. ib. 99. Of demand and refusal, ^r. to found attachment for non-payment of costs in ejectment. 685 See FJectment, 2. 6. 15, !(c. ' " AFFIRMATION Of Quaker, to hold to bail. S«e Attornies, 2 . . - . ■ . : 77 ALIAS. See Bill of Middlesex, 3. 6. Capias ad icsjiniuhnd 11)11, 3, 4. 6. C'l/i/ua ad siUi.'Jiicitiidiim, 7. Di^trin\r'is^ 3. <;. lintruf, 1, 2. 7. Fur if w cias, 30. J'ltccipis, 2. 4. 6, 9. Itepltvin, 3. Scire facias^ 7. 19. ANNUITY, See Notices, 64. ANNUITY-BOND. See Inquiry, 8. Scire facias, 25. 27, Suir>restions, 4, 5. APPEARANCE 1 . Note of, to scire facias against b:iil. 424 2. Tne like, on judgments. 483 See Entries, 14. Notices, 18, ig. Praopes, 17. APPRAISEMENT. See Distress, 4, 5, 6. ARBITRATION Soiid of, on a reference to two, with a clause of umpiicige. 233 See affidavits, b8, 89, 90, 91. Or- der, 3. ARREST, oee Wup'ant to arrest. ASSIGNMENT r. Of errors. Sea Error, 13, Sfc, 2. Of false-judgraent. See False- judgment, 2. 3. Of replevin-bond. Sec Tteplevin- hond. t I i ,1 yy2 ASSUiMP- «9I INDEX. ASSUMPSIT. See /k-ttiam, i, i, 3. Affidavits to hold to bail. Capiax ad saiiiifuci- evdiim^ I . Fieri facias, i. 41. Jndifi/wntn. Pleas, 1. Posteus. Scire facias, 1 1. ATTACHMENT t. On a qiterilur or plaint in trespass. 18 a. On an original writ, in covenant or debt. 33 3. 7(".«/rt/«»i attachment. 34 4. Against siierifT, ("or not bringing in the body. 1 16 See AJJidavils, 90. 99. Returns, 1, 2,3- ATTACHMENT of PRIVI- LEGE I. Writ of, not bailable. 120 a. The like, bailable. 121 3. Indorsement Ihercon. ih. 4. Writ of, into a county-palatine, ib. See Entries, 6. Pracipes. iB, 19. ATTORN lES 1. Articles of clerkship to. i 2. Oatii or atiirmalion oi, on admis- sion. 7 Sec Affidavits, 14, iq. 60, 61, 62. Jltuchinent of Privilege. Bill, 3, 4,5. Declaration, I. ^. Entries, 20, &ic. Notices^ 53. Privilege, 1,2. Warrant qfjitornej/. ATTORNMENT. 642 AVOWRIES AND COGNI- ZANCES. See Replevin, 23, 3{c. AWARD. See Affidavits, 88, 9, 90, 91. B BAIL 1. Recognizance of. ' ^9 2. The like, on habeas corpus. 146 3. The like, on error coram noiis. 502 See Affdaviti, 67 to 72. Bail piece, I, 2, 3. Capias ad sati-ifacien' dnm^ 18, 19, 20, 21, 22. En- tries, 15, ifc. Fieri facias, 46, Sfc. Judgments, 73, 4, 5, 6. Notices, 7 to 1 7. Ridc.1, 9. 39. Scire fa- ciaSf I, », ^c-. BAIL-BOND. See Inquiry, 6. Notices, 28. BAIL-PIECE 1. Common. 2. Special. 3. On haieas corpus. BANKRUPT. 94. 96 98 140 See Ac-etiam, 3. Jffidavits^ lo, ^\ , 2. Scire facias, 30. 33. BARON AND FEME. See Affidavits, 2. 48, 49. Erroff 1 5, 16. Scire Facias f 31,2. BERWICK-UPON-TWEED. See Process, ^. fenire Facias, 13. BILL. 1. Beginning and conclusion of a bill against a member of the House of Commons. 40 2. Beginning of a bill against several deiendants, one of them being a me.mber, and others in custody of tlie marslial. ib. %. Tht INDEX. C9S J. The like, against an atlorney. 123 4. The like, by out* alloriicy against another. ih. 5. The hke, where the cause of ac- tion ari8i:s,ancl the bill is tiled in va- cation, ib. 6. Thelikc, against the mnrithal. 124 7. The like, against a prisoner in cu>f Facias, 25, 6, 7. Suggestions, i, 2, 3, 4, 5. Venii'e Facias, 7. BREACHES Suggestions of. See Siiggestions, i, 2, 3, 4, 5. Alias, Piuries, !jc. 3. yllias or pluries capias by bill, not bailablr. 20 4. The like, bailable. 24 5 . A'on omittas capias bailable. //'. b. Alius or pluries capias, hy origi- nal. 4(4 7. Testatum capias. ib. 8. ^on omittas capias. ib. See Capias si laicus. Capias vtlaga- turn. Notices, 18. Fraripvs, 4. 9, 10. liepitcin, 17. Uetunia, 4, 5, <^f. CAPIAS AD SATISFACIEN. DUM 1. In assumpsit. 385 2. To a county-palatine. 386 3. In debt. 3 85 4. In covenant, case, and trespass. 386 5. By or against surviving partners. ib. 6. By or against executors or admi- nistrators, ib. Alias, Plvries, iVc. 7. Alias or pluries capias ad satisfa- ciaiduvi, 388 8. Nim omittas capias ad satisfacien- dum, ib. 9. 1 estatum capias ad satisfaciendum. 389 10. The like, to a coimtv-palatine. ib. 11. The like, from a county-pala- tine. 390. 12. The like, from one county-pala- tine to another. 391 13. The like, to a county-palalinf^, Y y 3 after M I U !;■ «^9<. INDEX. after a removal from tlie groat ses- sior^ hv CLViiornri, iiiider slat. 19 Geo. ill, c. 70, § 4. 3ya For thk Residue 14. "Writ of. 593 15. Tlic like, to a count; -palaiiiii- Against Dxhcutor* and Aumi- Nis TH A roK :i. j6. Again-t an fxccutor or adtnini- strulcr, a(t:T a dnuiitavit aiul re- turn ol nulla liona to a Jieii fncfns dt Ifonis jivi'pi its. 395 17. Tcstnliim capias ad satii/ucicn- duiii, ill a >iiiiilar case. $h. Against Bail. 18. A(Tain4 bai! to (he aclion, in llu- King's lit-ncli \iy bi I, after dcCaili on .scire /ileitis, ^32 19. 'I liL" iikf, alter plea to sc'rc fa citiS. 43^ 20. 'icslntiim rapi/is ad satisfacien- dum Jii'iiiii^t liail lo the aciioii, in the Kiiig\ h;MU'li. ii. it. Av'''iii-l bail in (.'rrnr, on a rcco^^- niziiice liken in the Conmion Pitav 4^ 22. i lie like, on :\ recognizance ia ken in the Kill's bench. ib After Error, 23. After a nn"/)/Y)A' or afiinnance in iIk King'-i B nch. 563 24. I he like, in the Excliequt r- cliiiniber. 564 25. 1 lie like, in the House of Loriis a. See I.ntries, 10, il. £.17^^ Facias 3. Jitri Facias, 21. J/a/cre Fu- ciai Hox.st.ssionan, 5. lictums, 30, 3'. J2- CAPIAS SI LAICUS Writ of, on a statute-merchant. 3 79 CAPIAS UTLACATUM 1. fJcncral. 52 2. The like, in acounl^-palatinc. 53 3. Special. U, Sec Intjumtion, i. Tteliimi, 16. CAPIAS IN WITHERNAM 1. On a writ of/)/wi/M replevin. ^86 2. I'recept in iialuie of" a ivilliiniam, by the sheriff, on a plaint. ^87 3. On the sherilRs redn n oi' elonirala, to a writ of relnnio litilnndn, after judgment of »jort/»YM fur want uf a 'leclarnlion. 6i6 4. The bki', for want of a plea in b;ir, and ca, sa. for the damages and costs. 627 ^. The like, after judgment of non- pros on a writ n flcimirrer. 20i.2r(j, (,o 3, 'J'I.e like, atler verdiil in A'. />'. 29; y. The likej in the counly-toiirt. ^77 10. Tlie like, on error in A. li. 534. ? 11. The like, in the Exelietjuer Chnmber. 541 12. Tiielike, in the House of Lords. CORONER. Sec Process, 2. Siiggcs/ions, ij. ff- «/)t Facias, 10. CORPORATION. Sen Declaration, 1 7 . Origina I IVrit, 5 . COSTS. See AJfidaiits, 42. 65. 82, 3. i;2, 3. 9y. llahevc far/as Puss(ssiouciH, 4, 5. Judi^iiwnii, 6y. Notices^ 31. /i'«/rs, 2y. 42, 3. 50, (ji. Scire Facias, 16. Sii:^i^estiuns, 17. COUNTY- COURT Proceedinjrs in, from levying the p'aint, to final j'.uigniei.t alter ver- dict. 570 See Dccluraiiun, 2\. . COUNTY-PALATINE. Sec Attachment of Prir//,-ge, 4. Crt- pias (id satixjuciendiini, 2. 10, 11, 12. 15. Capias ulla^umm, 2. De- Y y 4 (luruiio/u t- 696 INDEX. claration, 3. Entries, 11. fieri Facias^ '8- 3^» 4> 5- 45. 49' ^«- bere Facias Possessionem, 3. In t/uiry, 2. Judgmtnts, 50. tat, 4. Mittimus, i, 2, Posteas, 5, 6. Process, 3. Facias, 17. Lati- 3i 4- Scire COURT or CONSCIENCE ACr. See /ffidnvitSy 93. Judgments, 69. Suggestions, 17. COVENANT. See jfe-etiam, 4. Capias ad satis/a- dend'fn,4. Declaration, ^o. Fi- eri-Facias, 12. Original If'rit, i. 5f»e Facias, 13. COVERTURE. See 5aro» anrf /t;/K. CUSTOM-HOUSE-OFFICERS. See Notices, 4. D DEATH. See Errcr, mmts, 4. ^e. Suggestions, (', 7, 8, 9, 10 2. The like, ngainst a prisoner 19 custody of the sheriff. 128 3. The like, where he is in custody of the sheriff of a county-palatine. 129 4. The like, where he is in custody of the officer of a particular fran- chise, ih. 5. The like, against two defendants, where oi;e is in custody of tiie she- riff, and the otlier of the marshal. ib. 6. The like, by bill, in case or tres- 150 ii. Mi. ib, ib. ib. ib. y of the House of Commons. 17. against a corporation. 18. — — against hundredors. 17, 18, 19, 20. Judg 7. 70. Scire Facias, 34,! /. » o „ .-» DEBT. See Ac-etiam, 5, 6, 7. j^ffidarits to hold to bail. Capias ad satisfaci- endum, 3. Declaration, 11, 12. Fieri Facias, 7, 8, 9. 42. Judg- ments. Original IVrlt, 2. Posteas, 12, ^c. 2%, 9,30. Scire Facias, 12. DECLARATION I. Beginning of, at the suit of an at- torney. 132 pass. 7. —— — by an infant. 8. — — in acci unt. 9. — — annuity. ID, — — covenant. II. debt, 12. — — debt qui tarn. 13. detinue. 14. The like, by original, in case. 1 52 I q. — — • by an infant. i6. 16. against a peer, or member "■ " " a. ib. 19. in covenant. ib. 20. . in trespass. ib. 2 1. in the county court. 573 See Bill. Ejectment, 4. 9, 4 c. Notices, 23,4. lieplevin, 21. Rules, y.ij. Scire facias, 8, 9. 46, 4^". Second Deliverance, 5. DEMAND f . On a constable, of the perusal and copy of a wai rant. 1 6 2. The like, on a gaoler. 17 3. Of plea. 156 See Affidavits, 90. 99. Judge's Or- der, 2. Oyer. Summons, 4. DEMURRER. See Jtidgmenta, 28, Ca'c. 65. DEMURRER-BOOK Conclusion of. 201 DEMUR- I N D E «. 697 •DEMURRER TO EVIDENCE I. By the defendant, w here the da- mages are assessed conditionally. a. Joinder in demurrer. 454 3. By the plainlitf, where the jury are discharged. ih- 4. Joinder in demurrer. 255 DEPUTATION To grant replevins. 582 See Replevin, i. DETINUE. See Ac-etiam, 9. AfftdavUa, t^c^. De- claration, 13. Disirini^as, 12. Fi- eri Facias, 9. Judgments, 45, 6. DEVASTAVIT. See Affidavits, 4^. Capias ad Satis- faciendum, 16, 17. Entries, 11. Fieri Facias, 39, 40. Returns^ 21. Scire facias, 28. DIRECTION OF PROCESS. See Process. DISCONTINUANCE. See Judgments, 58, 9. Bides, 28. DISTRESS. t . Warrant to distrain for rent. 5 79 2. Iiiveniory of Uie goods distrained. ib. 3. Memorandum of tenant's con-ent, to the landlord's continuing in pos- session. 581 4. Appraiser's oath. ib. 5. Memorandum thereof. 582 i. Form of appraisement. ib. DISTRINGAS I. On an original writ 34 2 . Aliav or pluries distringas. 3 5 3. Testatum distringas. ib. 4. Against a member of the House of Commons, by bill. 4a 5. Alias or pluries distringas. ib, 6. Testatum distringas. ib. 7. Distringas ballivum. 1 1 3 8. jur uteres. 2i8i 9. The like, on a trial \>y proviso. 219 10. The likcj where a view is to be had by a common jury. 221 1 1. The like, by a special jury. 222 12. In detinue, after judgment. 32J 1 3 . Distringas nuper vicecomitem, to expose to sale goods taken on a_/?m facias in assumpsit. 359 14. The like for part, in debt, and fieri fucia& for the residut\ 360 See Entries, 5. Prcecipes^ 16. Reple- vin, 16. Rules, 44. DOCKET-PAPERS, 29. 105. 204 EJECTMENT On a vacant Possession. t. Letter of attorney, to enter and seal a lease on the premises. 642 2. AlKdavit of executing same. 643 Lease. ib. Declaration. 645 Notice to appear, 8fc. ib. Allidavit to move for judgmenl.i'A. See Notices, 59, 60. Against the casual Ejector. 7. Original writ, in K. B. 647 8. Sherilf 's return thereto. i6. 9. Declaration by original in K.B. or C.P. on a single demise, with no- tice to appear, t^c. ib. 10. The like, for a manor, rectory and tythes. 649 1 1 . The "hi Br 698 INDEX. II. The like, ort a double dcmi'^c, willi OIK- ousler. 65 1 J 2. Tlie like, with two oiislcis, 652 13. Declaration hy IJl^ in A'. B. 6;;4 14. The ike, in the Exchequer. 65;: 15. Aflidavit of service ol' declaration in ejrctriK'nt. 056 16. ""1 he like, where there are seve- ral tenants. 65' 17. 'J l-.e like, where the declaration was served on one tenant, and the wile ol another. lb. 18. The like, on the statute 4 (,co. II. f. 28. where the prtniises are untenanted. 65 b ig. The like, another way. 65c_, .Against the Tenant, or his Landlord, 6ic. so. C<;nscnt of attorn"es, for tenant to be admitted to delend, ^c. 665 21. Pracipc lor appearance, by 01 i- ginal. 670 22. Pieaof notguiMy. ib. 23. Judges tndcr l<)r particulars, ih. 24. I'ailieulars orpreini>es,ioi- whiih the ejectment is brought. il>. 25. The like, tor which it is defended. 26. Issue, by origii.al. 672 27. The like, by bill. 673 28. Jury-piocess. ib. See .'fjiduiiis, 99. Habere fucias posmssioncm. Judgments, 102, i)c. rostcus, 37, tVc- Pracipcs, 35. Jluk.-i, 21, 2, 3. 34, &ic. 43. 47, tVc. Sciyc l-'uciu'f.y 64, Special Ver- dict. ELEGIT 1. Writ of. 361 2. Award of, on the roll. 365 3. Ih-eltjtit. ib. 4. For the residue, after ajicri facias. 366 5. The like, for an administrator c7/w/ ti'stanunto annexo, atjainst an heir and lerlenaiit^, on a judgment in debt against several defendants, re- vived by .scire facias, 367 See Inquisilion, 4. ' . ELISORS. See Venire Facias, 11. ""'' . ELONGATA. See Jhtums, 33. ENTRIES Of mesne Process, and Re- turns, &c. 1. Of bill of i'l//(ff//«fj-, to save the statute, and award o\ aHu.'i. 29 2. Of /«//r«/, and award ofrt//ff.sand plurifs capia.i. 30 3. Ofbil'and process against a ■' r-m- ber of the house oi comni. save the statute. : 4 Of process to outlawry, plea of no proclamation, and outlawry revers- ed thereupon. 68 5. Oi' distringas balllvum, hy origi- nal. 114 6. Of attachment of privilege. 122 Of final Process, i^c. 7. a. O^ fieri facias, and award of alias. 330 7. b. The like, and award of testa- tiiiu, and return. 339 8. Of Jitri facias dc bonis cccltsi- «s//c/.9, in debt. 344 9. Of venditioni exponas, and aw ard ol fieri facias Un the residue. 358 10. 01 capias ad satisfaciendum, and award o\' testatum. 3H6 11. Of return of devastavit, upon a fieri facias de bonis tcslatorls, &c. to the couiUy-p.daline o\' Durhamy awl Vi\Ni\xilo\ fieri facias de bonis propriis; aiul upon (he return of part levied, award ol capias adsa- tisfncivndum lor the resiilue. 396 1 2 . Olnon misit brctia, on certioraiss in error. 5a; tq. 01 INDEX. «g9 73. Of retorno fiahendo in replevin, on a non pros ihi want ot" a cltxlara- tion. 622 Of Api'earance and Bail. 14. Entry o( common appearance, by original. q6 15. Fiiacc-i's entry of special bail, Lm original. 9^ x6. Luiry of exception to bail. 100 17. of recogi;izancc of bail b_\ bill. 104 18. The like, by original. lOi 19. Tlie hkc, on ciior from t!ic- King's Bcncli to the txcliecjuer chamber. 503 Of Warrants of Attornf.v. no. Incase, d^c. 202 21. In assuiJii)sit.2^g. 275. 294. 305 22. in (Jebt. 267 23. In debt r/i'7//. ib. 7. T"l.e like, from an inierior court to tin^ King's Bench. 497 B. The he, fioni ihe King's Bench 10 tl.e E>:ciie(|uer ch '.inber. ih. 9 TI,e like, to the Mouse of Lords directly. 499 to. Trie like, after a.Tirmance in the Kin^;'s BciK.h. 500 11. I'lie hke, after affirmance in the E.\clieqaer-( r.ami,er. 1 12. ;\liovvariceoi \vi it of error. 'k 13. A«^gniiu;ritof iniancy in the 1-r.laiil. 5 , 14. Keolicationof full age. ih. I 5. A- ignineni o! coveiture in llie deleiKlaiil, at lii': lime of bringing the action. 516 6 Replication th'relo. 511 17. Aisi;.;;ii,eiit of the Jeath cf the j>!aimifl'oeiuie rial, and award of scire fuciiS to iiis exevuior'. ih. 8. 'flie like, of (lie (ie.itii ofon-.:; of the defendants in tlie action, r j 2 19. Replication thereto. ib. 20. Rt joinder. 5'^ ii. A ^si;;nnKn; of general errors, m the King's Bench. ib, :2. Assignment of the want of an original writ. 5 14 13. Tiielike, of a waii.mt of attor- ney. 516 24. Joinder in error, in tlie King's Ber.cii. 523 i^. The likr, after a ru'e given lo return llie rcrtiorari, witii an en- try of non minit hrcvlu. ih. :6. As- igUiJieiit of t.;eivjia! errors, in ihii Kxciiequer-ciainbcr. 525 il I: m Tlie 700 I N D £ X. 27. Tliclike, on a juclgment revived I by scire facias. 526 >8. AsbigiriTieiit of the want of a bill and warrant or allorney. 527 89. Joinder in error, in the Exche- qiier-diarnber. 530 30. Assignment of general errors, in the House of Lords. 53 1 51. The like, after affirmance in the Exchequer chamber. ih. 3a. Joinder in error, in the House of Lords. 532 33. issue on error coram Hoim. 533 34. The like, on error in law in the King's Bench. 534 35. 1 he like, after a scire facias quaie ejeecuU'"'em non. 535 36. The like, aftur a rertiorari, on error assigned lor want of an ori- ginal writ. ib. 37. The like, after a cerlioro.i, on error assigned for want of a war- rant ofattointy. 536 38. The like, ahcr scire feci returned, on a scire facias ad audiendum ti- rorcs. H'k 39. The like, after two nihils re- turned. 537 40. Tiie like, on error from the KiPig's Bench to the Exchequer- chamber. 538 fee Capias ad sati»faciendum, 21, 2, 3, 4, 5. Certiorari, 6, 7, 8, 9 En tries, 19. Fieri Facias, 50, i^c Judgments, 64. 78, ^r. Order, 4 Petition, 6. Pleus^ 2, 3. Pice- (ipes, 28, g, 30. Record of nisi pnus, 2. Restitution. Returns, 40, i^f. Rules, 5, 6. g, ^c. 17. *°* ii' 4^' 'Sr/'c Facias, 20, &c. 55, 4c. EXCEPTIONS. See Bill of Exceptions. EXCISE-OFFICERS. See Notice'!, 5. EXECUTION. See Capias ad satisfaciendum. Elegit, Entries. 7, &c. 33. Exiqi Facias, 3. Extent. Fien Facias. Habere Facias Possessionem. Retorno Hu' bendo. Returns, 18, ifc. Rules, r 3 . Sequestration. Statute-mer^ chant. Statute-staple. Venditioni exponas, 2. executors /vd admi- nistrat:rs. See Ac-etiam, t, 2. Affidavits, 44. 53, 54. Capias ad satisfacien- dum, 16, 17. Elegit, 5. En- tries, i\. Error, I J. Fieri Facias^ 51, 4, 5, 6. 18. 3g, xo. Judgments^ 8. 16, 17, 18, 23, 4, 5, 6. 40. 43. 77. Posleas, 10, II. 26, 7. Returns, 20, 21. &ire Facias, 29. 34. 5, 6. 39. Sfc. 45. SO. EXIGI FACIAS r. On mesne-process. 46 ii. Allocatur exigent. 48 3. After capias ad satisfaciendum' m See Judg7nents, ^i. ReturnSf 12, 13, Supersedeas, 1 . EXTENT. 1. Immediate extent for the king's debt, on a judgment of the Ex- chequer. 372 2. The like, for a bond-debt. 373 3. Extent in aid. 375 4. On a .statute-merchant. 3 79 5. On a .statute-staple, 381 6. Against an lieir, upon a .special judgment. 38a 7. The like, on a general judgment. ..384 See Capias si Laicus. /nquisitiout 5. Liberate. Returns, 29. Super- sedeas, II. FALSE- •iii INDEX. 7ot % Elegit, Facias, Hahtie orno Hu' Rules, ilute-tnei^ Venditioni ldmi- iavits, 44. satisfacien- 5. En- 'ieri Facias^ Judgments^ \, 5. 6. ^o. II. 26, 7. ;ire Facias, 45. so- AS 46 4.8 tisfaciendum. J99 urns, 12, 13, •01- the king's U of the Ex- 372 d-debt. ant. ipon 373 375 379 a special 38a eral judgment. 384 . Inquisition, rnSi 29. Super- FALSE- FALSE-JUDGMEx\T 1. Vkritof. 569 2. As'iij'nment or. 57S 3. Joinder. ib. See Returns, 46. Sc/re Facias, 24. FEIGNED JSSUE Ofi a question respecting the receipt ot money. 205 FIAT. See Petition, 2. FIERI FACIAS For the Plaintiff, I. In assumpsit. 320 2. By and against surviving partners ib 3. For an executor or administrator, on a judgment by the testator or intestate. 321 4. The hke, upon a judgment by an executor or administrator. 322 5. The hke, against an executor or adiniiiistrator,onajudgu^entagainsl the testator or intestate. ib. 6. The like, on a judgment against an executor or administrator, dt bonis testator is, &c. 323 7. In debt. ib. 8. In debt «y?« turn. 324 9. In debt,and distringax In detinue, on stat. 9 Ann. c. 1 4. 325 10. By or against surviving part ners. 325 11. Against an executor or adminis- trator, de bonis testator is, Hn:. 326 solvent act, with a ca. su. for the costs in scire facias. 329 For Defendant, 22. On a nonpros., for not declaring on a bill of Middles-.x or latitat^ &c. 331 23. Tlielike, by original, ib. 24. Tliclike, for not icplving. 332 25. The lilvc, fornol surrejoining, ib. 26. The Hke, ibr not entering tlie issue. ib. 27. On a judgment as in case of a nonsuit. i6, 28. On a nonsuit. ' ib. 29. On a verdifl for defendant. 333 AtiAS, Pluries, &c. 30. Alias ox pl::riesjlt:ri facias. 338 31. Nun omittas J eri facias. ih. 32. Testatum fieri facias, in assump- sit, ib. 33. The like, into a county-palatine. 341 34. The like, from a county-pala- tine- ib, 35. The like, from one county. pala- tine to another. 34.2 Against beneficed Clerks, 36. De bonis eccl^siastzcis^ in debt. 343 37. Testatum fieri facias for the re- sidue, de honis eccksiusticis. 346 38. Fieri facias to t!;e ardibisliop, d'- b:.nis eccksiusticis, during the vacancy ot a bishop's see. 347 Against Executors, £ic. de bo- nii propriis. 39. Against an executor or adminis- trator de boms jiropriis, alter a re- turn of //crrts/atv/. 350 .^c. The like, after a devastavit re- turned on a testatum fieri facias, ib. For the Residue., 19. After 5c/re/ac/fl.9, by default. //>.' 41. Fieri facias for the residuo, in 20. The like, after plea or demur- asst>mpsif, 3^' 12. In covenant. ib. »3- Incase. ^ 327 14. In trover. zi>. J5- In an action for words. ib. 16. In trespass. ib. 17- In trespass and assault. ib. x8. To a county-palatine. A t\ • /» . t % r 3^8 re!. aZ*. 42. Tile like, in debt. 35* 21. Against the land^, S^'c. of a de-'43. Tcslat am fieri faci'is for the resi- fendant disch.irged under an in-| due. 31;; 44. TIk* i? t02 INDEX. 44. The like, where part had been levied upuii a testatum to a tbrmt-r shcrifT. 354 45. Tlie like, whore the tcstaiuins issued inti) a counl)'-paIaline. 355 Against Bail. 46. Again il bail to the action, in tht- King's Bi-nch b^ bill, alter default on scire facitt.s. 426 47. Tiie like, after p!ea to a scire fa- cias. 42 7 48. Testatum fieri facias a^^ain^ bail to the action, in the Kind's licncli by bill. 428 49. Tiie like from one county-pa- latine to another, alter a lornier testatum. 429 50. .Against bnil to the action In the Coniivion Pleas, upon an award of execution, removed into tlie King's Bench by writ of i;rri;r. 430 p. Tb.e l.ke, against bail in error, on a recognizance t^iken in the Common I'leas. 43 i 52. Tiie like, on a recognizance taken in the King's Bench. ih. In Error 53. After nonpros or allirniance in the King's Bench. ^:;S 54. I lie like, for the damages and costs in error i.nly, 15^9 '55. Alter nonpros or allirmance in the Kxcii<:quer-chamber. i6. 56. The like, after an action on the judgment, aiid a writ of error thereon. 560 57. The like, for the damages and costs in erior only. 562 58. Tlie lik<', after a nonjrros or al- iirmance in the House of Lords. 563 In RtPLEviN fg. For the plaintiff". 620 60. The like, ti.»r defendant, on stat. 17 Car. II. c. 7. ior the arrears of rent, tic. • ib. 61. The like, for the value of the cattle or goods distrained, £3*0'. tii See Capiax ad sutifaciendum, 14, 15, 16, 17. Distringas, 14. Eltc^it, 4. Entries, 7, 8, 9. 11. Habere Facias PossessiorKViti:. Returris, 18, i(c. Venditioni exponaSf 2. G GAOLER. See Affidavits, 76. Certificate, t. Deniund, 2. GREA'. -SESSIONS. See Capias ad Satisfaciendum, ij, GUARDIAN. See Prochein ^mi. Rules, i g< 50* H HABEAS CORPUS 1 . Cum causa, to do and receive, f^c. 121; 2. J d respondendum. 126 3. The like, iicet lunguidus. ib. 4. u^d satisfaciendum. 127 ^. Direction of, to the marshal. 141 6. warden of the Fleet, ib. 7 . mayor's court of London, ih. 8. sheriflf'scourtofXctwdon. ib. g. — county court. ih. 10. marsha'sea. ib. 1 1 . ^ borough court of South- ivark. ib, 12. ——'- irhitecliapel court. 14Z 13. Abingdon. ib. 14. other places, fft. 143,4,5 rj. Adtcstficandum. 218 See .■{fi davits, 87. Bail, 2. Piiise, 3. Notices, 14, 15. Bail. Prie- cipeSf ' *'l I. N D R X. ?0S to assess (1ama;^«s nn llio; st;Uule 8 ei- qiy. lU.c. ii.§ 8. 168 5. Tile like, ill debt oil aitidos ot' aijn.'cmcnt. 170 6. Ill;; like, in debt on ball-bomi, m I 6'. P. 171 1. Writ of, iiM'jerinii-nl. 6817. A\v:ir;l of ati'l rf-(urn, on sii 'jjjt.'s- 2. TJK' like, i>u a (loublt; tleinI>i(.'.6oa tioii ot lircaciies in debt on bjud, r'/;f,v, 2oi 2 1. 2^. Piocedi'iih, i. Upturns, 9. Siipcncdais, 7. liABERC FACIAS POSSES- SION KM. 3. 'I'lie like, toa co'inly-paatiiie,6S3 4. I'll'.! like, and Jijri J'acius lor 5. Tin; like, and capias ad satisfa- ciciuluin (or costs. ^7;. HEIRS. See Extent, 6, 7. Judgments, 44. HEIRS AND TERTENANTS. See Elegit, 5. Peturnx^ 38, 9. ^cvVe facias, 43, ' 50. 56. HUNDREDORS. Si'C Dedaralioa, 18. Original Writ, 5. IMPARLANCE. See Contimnncen, r, 2, 3. Issues, 3. 4. Judi^niaKSf 2. INFANT Petition bv, to be; admlited to sue by provhcin ami. 10 See /IJiddviis, 64. Declaration, 7. iv Error, 13, 14. Prochcin Ami. Rules, iC, 19. 50. INQUIRY after jiidnini'iil by default, on stat. 8.V9//'. Ill c.'ii. § 3. 270 8. Writ of, in ilebt on annuily-boiid, in the Exetijciuer lyz 9. in replevin, for tlic plaiiuifF. 614 10. Tlie like, f .r tlio defendant, on demurrer to a plea in bar. //;. 11. I'lie lil .', t) ascertain the ar- rears of rent, lSt. on slat. 17 Car. H. f, 7. 5 2- on a nonpros for want of a detbiation. 615 12. The like, for want of a plea in bar. 617 13. The lik?, to ascertain the value of goods, on dcamirer to u plea in bar. 618 See Inaniiiiion, 2, 3. Judi^mentf, Noti 37, iS'c. Relorno Ila- bcna^_ 3. Rules, 15. Scire fa- ciaSf 2S. Subpana, 2, 3. INQUISITION 1. Oil a special capias titlagutum, 54 2. Oil a writ of inquiry, and return* 173 5. Tiie like, on slat. 8 <.V 9 /r. HI. c. I r. § 8. 174 4. On an vlci^it. ' 36* 1;. On an ext'-nt for t!ie king. 374 0. On a iWrcya/v inquiry. 476 7. — and n-turn in replevin, on stat. 1 7 Car. II. f 7, 619 INSOLVENT-DEBTORS I. Schedule of, on the Lord.s' act. r. W.it of, by hili. 166 2. Tile like, into a county- palatine. 1 67 I 4'^' 3. Thcliko, by original. ib.[^- Note lor payment of allowance to, 4. Tlic like by bill, in debt on bond, 4^^ Sec I 11 %\ m I NT D JE 3r. See /iffiJavicft 9$, tt(f. Fieri Facias, St. Judgments^ 19. Noticeit ^6. 78. Petition, 4, 5. INTERROGATORIES t. For plaintiff'. , aaS 2. P'or defendant. 230 3,. To cross-examine a witness. iO. INVENTORY. SccDistresSy 2. ISSUES I. By bill, of the same term with the dedaration. 186 8. The like, of a term subsequent to the dedaration. ig^ 3. By oiij^inal. 189 4. The like, with imparlances, ih. 5. Conclusion of issue, on a replica- tion to a plea of nut tiel record ol a judgment, S^c. in the same court. 200 6. The like, in a different court, ib. •J. Conclu'^ion of issue, on a replica- tion of nul tiel record of a judg- ment, ^-c. in the -same court. tb. 9. The like, in a different court. 201 9. Conclusion of an issue in law, on demurrer. ib. See Ejectment, 26,7. Entries, 29, 30, 31. Error ^ 33, ^c. i'eijrntd h- ttte. Replevin, 28. Rules, 2, 3 44. Scire Facias, 10. 51. Sug- gestiom. Venire Facias. JUDGE'S ORDER 1. To stay proceedings, on payment of debt and costs. 160 a. The like, for particulars of plain tiffs demand. 1 79 Sec FJeci/ncnty 23- JUDGMENTS For thb Plaintiff, % Sil dicit. > In assumpsit by hilt, of the samef term with the dcilaration. 25a I. The like of a different term, with an imparlance. 361 3. The like, by original. 262 4. The like, where one of the de- fendants died after declaration, and before in. 61. The like, as to a particular count. 3 ' ' 62. The like as to two counts, after plea in debt on statute. 63. Camtetur billa vel breve. 64. Entry of cassetur breve, writ of error. On Demurrer 65. To a pica. On Nul tiel Uecord. 66. On a plea of hm/ tiel record On I'crdict 274 311 on a 506 312 ib. 3»3 ih. 67. At the assizes. 68. For a surviving defendant 69. For double costs, on the ciHirt of conscience act for Middlesex. 3'4 On Jieiersat oj Outlawy^ ^c. 70. Judgment in the Exchequer, on the reversal of an outlawry, or death of the outlaw. 72 In Scire Facias, 71 Against Bail. . Entry of proceedings, and judg- ment by default m scire facias against bail, upon the reiurn of scire feci. 420 72. The like, upon two niliih re- turned. 42 1 73. The like, by original. 422 74. The like, upon a cognovit by bail. 423 7i' On Judgments. Entry of proceedings, and judg- ment by default in scire fiicias, upon the return of scire feci. 479 76. The like, upon two nihils re- turned. 480 77. The like, by an executor or ad- ministrator, on the statute 8 4" 9 W. Hi. f. II. §6. 481 In Error, Of Nonpros. 78. Entry of nonpros, in the King't Bench- 542 79. The like^ after a return of scire feci, on a scire facias quare exccu- tionem non. 544 80. The like, after two nihils re- turned. 54^ 81. The like, on error from the King's Bench to the Exchequer- chamber. 546 82. The like, on error in the House of Lords. ib. Of Affirmance, tfc. 83. Affirmance in the King's Bench, of a judgment for the plaintiff. 547 84. Reversal in the King's Bench, of a judgment for theplaintiff. ^49 85. The like, on a judgment for the defendant in debt. ib. 86. Affirmance in the Exchequer- chamber, of a judgment for tlie plaintiff. ^^0 87. The like, of one judgment for debt and costs, and reversal of ano- ther for damages, on stat. 8^9 W. III. f. 1 1. §8. 551 88. Entry of proceedings and affirm- ance in the Exchequer-chamber, and remittitur to the King's Bench. 89. Affirmanceinthe Houseof Lords, of a judgment in the King's Bench, affirmed in the Exchcquer-chara- be"*. 555 90. Entry of proceedmgs and affirm- ance in the House of Lords, and remittitur to the King's Bench. '11 INDEX- 707 #'■ In Rkpievin, For the plaintiff, by nil dkH 604 93. For the defendant, for a return, 4'c. on a nonpros tor want of a de- claration. 60$ 93 The like, for want of a plea in bar; with award of retorno ho' bendo, and writ of inquiry of dii' mages. 606 94. The like, with a remitlitur damna. 607 95. The like, on demurrer to a pica in bar. ib, 96. The like, on verdict. 608 97. The like, for the arrears of rent, ^c. on Stat. 17 Car. II. c. 7. § a on a nonpros tor want of a decla- ration. 609 98. The like, where the goods are found to be of less value than the rent. 612 99. The like, for want of a pica in bar. ib. 100. The like, on demurrer to a plea in bar. ib. lOi. The like, on a nonsuit or ver. diet. 613 In E;ectment, 102. For the plaintilT by nil dicit, by original, with u remittitur damna. 663 103. The like, by bill. 664 104. The like, by tognovit actionem relictd verificatione^ after issue joined, with a remittitur damna ^ by original. 676 105. The like, for the plaintiff as to part of the premises, and for tlic defendant, on a nolle prosequi, as to the residue. 677 106. The like, on verdict for the plaintiff. 678 107. Tlie like, for the plaintiff as to part of the premis<;s, and for the defendant as to the residue. ib. 108. The like, for the plaintiff as to part of the premises, and nolle prosequi as it the residue, for which there was rio finding by the jury ; with award of habere facias possessionem and rettirn. 679 See /Affidavits, 78. 84, j. 94. Cer- tificate, 3. Memmial. Rulesy 15, i6| 17. 4;. Suggestions, 2, ^c. JURAtA. Itj. JURY-PROCESS. See Distringas, 8, 9, 10, 11. E- jectnieni, 38. Issues. Mittimus. Replevin, 29. Rules, 31, 33. Venire Facinst JUSTICES. See Notices, i, 3, 3. K KING Execution for. See Extent, i, a, 3. fte/«nw, 49. LATITAT Not bailable. io Bailable. 25 Indorsement thereon. ii. Into a county palatine. 25 See Cupids ad rc^porxundum, 3, 4, 5. Entries, z. Pracipes, 3. 8- II. Returns, 4, ^c LEASE. See Ejectmeiity 3. LETTI;R or ATTORNEY. - See Ejectment, %. Z^3 LETTERS ' i m m '> 708 INDEX. LETTERS PATENT. Sec Scire Faciait 54. LEVARI FACIAS. Against a clerk, on a statute-mer- chant. 381 LIBERATE After an extent, on a statute-staple. 382 LIMITATIONS. Statute of. See EntrieSf i, 2, 3. 6. LORDS'-ACT. See Affidavits, 95, ^c. Insolvent- Debtors. Notices, $6, 7, 8. M MANDAVI BALLIVO. See Returns, 11. 23. 26. 32. MEMBERS OF the HOUSE of COMMONS. Sec Declara' :n, 16. Distringas,^, r.ntries, 3. Original IVrit, 4. rracipes, 15. Summons, \, 2. MEMORANDUM. See IVanant ofAttomet/, i, 2, 3. MEMORIAL Of judgment. 316 See yljiduvits, 94. Certificate, 3. MITTIMUS 1. Award of, to the county-palatine o( Lancaster. 192 2. The like, to the city of C/i«^«-. ib. 3. Writ of, to the county-palaline of Lancaster. 22 a 4. The like, where a view is to be had. 223 5. Thelikc, to the city of CA««Mr. 224 MOTIONS. See Notices, 28, ^c. N ' ' "i «, I NIL DIGIT. See Judzments. NISI PRIUS RECORD. See Uecord f/ Nisi Prius. NOLLE PROSEQUI. See Judgments, 12. 60, 61. loj. 108. NON ASSUMPSIT. See Pleas, i. NON OMITTAS. See Bill qf Middlesex, 7. Capias ad respondendum, 5. 8. Capias ad satisfaciendum, 8. Fieri Facias, 31. Practpes, 7. 10. NON-PROS. See Entries, 1 3. Fieri Facias, 22, l^e. 53, i^c. Judgments, 47, i^c. 78, 4ic. 92, 3, 4. 97, 8, 9. lietomo Ha- bendo. Scire Facias, 34. NONSUIT. See Affidavits, 84, 5. F/Vr/ /v/f/a*, 27,8. Judgments, 55, 6. loi. Notices, 35. Poitcas, 22. 40. i?w/«, 45. NON SUM INFORMATUS. See Judgments, 13, 14. NOTICES INDEX. 71W laline of is to be 223 ttcr. 224 RD. UI. 10$. 108. T. S. Capias ad Capias ad ri FaciaSf 'as, 22,tfC. h ifc. 78, 'etomo Ha- NOTICES Or Action, To a justice, by the pnrty^ for fttlsi*»imprisou!iiciit. la indorsement thereon. 1 3 To a justice, by the uttornc^f for falsc-iinprisonmc'Dt. ib. To custom-house ofiicers, by the parti/, for seizing a brig, ^c. ii>. To excise-ofliicrs, by liie uttorne , for seizing goods. 1 4 . By the fartu, another way, for stopping and detaining the plain- ti ti 's horse and cart, i)rc-* 15 Of Bail. 7. Notice of bail being put in. 99 8. — — of the bail-piece and affida- vit being filed. 100 9. — — cf exception. loi 10. — of justihcalion.by same bail. ih. 1 1. — — of adding one bail, and jus- tifying, ih. 12. — — of adding and justifying difi'erent bail. 102 13. of render. 108 14. . of bail being put in, on Aa- bena co^ms. 146 15. ■ of the justification thereof. 147 16. of bail in error. ,02 17. — — of the jusliticatioii J; ^eof. .• . . ) . ib. To AVPEAR AND PTTAD, &C. 18. Notice to appear to capias ad respondendum, by original. 45 19. Tlie like, to bill of Middlesex or latitat not bailable. 76 20. indorsement tiiereon. ib. 21. Notice to plead, indorsed on de- claration delivered absolutely. 154 aa. I he like, when delivered de be- ne esse. ib. 23. Notice of declaration, ijc. upon common procws, where bail is filed, or an appearance entered, according to the statute. i ^4 24. The like de bene esae, upon com* mon or bailable process. i ; ^ 2 5. Term's notice to pkad. j 56 a6. The like, lu reply. 18$ 27. Notice of ha' ..;• struck out re- joinder, ifc. aoa Or Motion, 28. To shew c^iuse, why the baif- bond, and the proceedings there- on, should not oe set uside. 1 ^7 29. For k » veto file common haW. ib. }o. To «et aside proceedings for ir* reguUiity. ib. 31. To stay proc( 'ings, till security be given for /o is. 158 3a. F'^" the master to corr ute prin- cip i a: I interest on a L. -id. ib. 33. Jo sei aside interlocutory judg- ment, Sfc. for irregularity. //;. 34. To SL'l aside judgment and exc- culion tor irregularity, and that ti.c money levied be rcstorc;d. i qg 3 J. For judgment as in case of a nonsuit. 2 1 1 36. To put off trial, for the absence 213 37' 38. 39 40< 41 42 43 44 of a witness. Of Inouiry, &c. In London. 1 72 In Middlesex. 173 In the country. ib. On stat. 1 7 Cur. IT. r. 7. § 2. 619 Term's notice of uiquiry. 1 7a Notice of continuame. .173 Notice of countermand. ib. Of attending ihe execution of a jA writ of inquiry by counsel. Of Trial, &c. 45. In London. 208 46. In Middlesex. ' ib. 47. At the assizes. ib. 48. Notice of trial and assessment of damages, to a defendant who has let judgment go by default. 209 49. Notice of trial at bar. ib. I Z z 3 50. Term's T'O INDEX. so. S2- Termfs notice of trial. aog Notice of continuance. ib. Notice of countermand. ib. In other Cases. 53. Notice of intention to apply for admission as an attorney. 5 J 4. — — to tlie sheriff", to retain money levied, 159 55. of set-off, for work and la- bour, Sfc. 183 56. by insolvent, of intention to petition on tli»- lords* act. 400 57. ' " ■ ■ • on compqisive claqse, to prisoner. 40^ 58. The hlie, to other creditors. 406 59. — — ofdistress. 580 60. The like, foi the arrears of a rent-chaige ib. 61. to quit, by the landlord or his agent, to a tenant from year to year. 638 6a. ■ 'm by a landlord, to deter- mine a lease at the end of the 6rst sev n years. 639 (Sj. — — by a mortgagee, not to pay rent to the mortgagor. 640 64. — — by the trustee of a term for securing an annuity, to pay him the rent, for satisfying the arrears, S(c. fb. See Ejectment, 5. 9, C^c, NUL TIEL RECORD, Sec Jsaius, 5^ 6, 7, 8. Judgments^ o OATH. See jittorniest a. Distress, 4 ORDER J. For original writ. 39 a. For the sheriff to pay money rajsr ed on a special capias utlagat^m, 3. Of reference at «/.« /)n'w5. 231 4. To assign errors, in the House of Lords. 508 See Jfidav.'tSy 42. Judge*s Order, liutcs. ORIGINAL WRIT 1 . In covenant, 3 t 2. In debt. 3a 3. In case. 33 4. Against 3 peer, or member of the House of Commons. ■}! 5. Against a corporation, or hun- dredoi-s. it. See Ejectment, 7, 8. Err or ^ 22. 36. Order^ i. Petition, i. Pracipts, 12,13,14.31. RepleviuyZ. RC' turns, 3. 42. OUTLAWRY. 1. Petition to the lords of the Trea- sury, for a lease of the outlaw's lands. 58 2. The like, to be satisfied out of the produce of his goods. 60 Reference thereon to their soli- citor. 6 1 Report on reference. 6a Warrant for the attorney-general to consent to an order for payment of iiie money, 64 See Capias utlagatum. Certificate^ i . Entries, 4. Error, 1, a. Exigi fa- cias. Inquisition, I. Judgments, 70. Proclamation, I. Returns, 12, 5fc. Scire facias, 5a, 3. na, I. Supersedeas^ i, a ditioni exponas, i . Stibpa- , 3. Ven- OYER I. Demand of, by tl)i? defendant. 178 a. The like, by the plaintiff. ib. PARTI- INDEX. 711 :gat\im. House of 5 Order. 3^ 3s 33 ser of tlie ■}% , or hun- ib. r, 22. 36. Pracipts, m, a. /?e- the Trea- le outlaw's d out of the 60 their soli- 61 6a ney-general for payment 64 Certificate^ 1. I. Exigifu' Judgments, Returns, 12, 3. SuhpcC' , », 3. ^«n- ;fendant. 178 ntift". 2^' PARTI- PARTICULARS of DEMAND. See FJectmentf 23, 4, 5. Judge's Or- der ^ z. Summons^ 4. PAUPER 1. Petillon by, to sue in formd paupe- ris. 9 2. Opinion of counsel, 10 See 4ffiduiitSy 63. PEERS. See Dtclaration, 16. Orlgiiud Writ. 4- PENAL STATUTE. See Ac-etiam, 7. JJidavits^ 45. 79. Declaration, 12. Error, 6. fie- ri facias, 8. Judgments, 12. 42. 5a. PosteaSf 16. 30. PETITION 1. To the master of the rolls, for ori- ginal writ 38 2. fiat thereon. 39 3. By an insolvent, on tlie lords'-act. 402 4. By a creditor, on the compulsive clause. 407 5. For a hearuig, on error in the House of Lords. 555 See 4ffidavits,6i, 4.. Infant. Out- lawry, 1,2. Pauper, i, PLACITA 1. In the King's Bench. 215. 506. 541. 2. In the Common Pleas. 505 3. In the Exchequer -chamber. 538,9 PLAINT In trespass. "18 See Attachment, i. "Replevin, $. lie- turns, I, 3. PLEAS 1. Oinon assumpsit. 183 2. — release of errors. 524 3. Replication thereto. 52'$ See Abatement. Affidavits, 8 1 . De- mand, i. Ejectment, 22. Notices, 21, i(c. Replevin, 22, Sfc. Rules, 14. PLURIES. See Bill of Middlesex, 3. 6. Capias ad respondendum, 3, 4. 6. Capias ad satisfaciendum, 7. Distringas^ 2. 5. Entries, 2. fieri facias, 30. Praecipes, 2. 4. 6. y. Replevin, 4. PONE. See Attachment, 2, 3. 15. 16. Replevin, 8, POSTEAS For the Plaintiff, 1. On non assumpsit, in a town cause, where the defendant makes de- fault. 238 2. The like, where the defendant ap- pears. 239 3. The like, witha^«/<'s. ib, 4. The like, at the assizes. 240 5. Tiie like, in the county-palatine of Lancaster. ib. 6. The like, in the county. palatine of Chester. 242 7. The like, in the city of Cluster. 243 8. On no7i assumpsit, by one of seve- ral defendants, where another has let judgment go by dei'ault. 24.4 Z z 4 9. On 712 INDEX. 9. On non assumpsit infra sex annos. 10. Against an executor, on non as- sunif)sii by the testator. ih. 11. On plene adininistravit. ih, 12. On nil debet. ib. 13. On non est factum. 246 14. On solvit ad diem. ib. 15. On an indemnity-bond, where damages are assessed on stat. 8 tVg W. 111. c. ri. § 8. ib. 16. On a penal statute, where part is found for the defendant. 247 17. On not guilty, in case. ib. 18, in trespass. 248 1 9. On several issues, in trespass and assault. ib. 20. On not guilty to a new-assign- ment, where several issues are found for the defendant. ib. a I . The like, where one defendant is found guilty, and another ac- quitted. 249 For THii Defendant, 22. On a nonsuit. 2i;o 23. On a verdict, on nonassumpsit. ib. S4. The like, where one defendant had let judgment go by default, ib. 25. On a plea of set-off. 251 a6. For an executor, on non assump- sit by the testatnr. ib. 47. On plene adininistravit, ib, 28. On nil debet. ib. 29. On now est factum. ib, 30. On the statute of usury, and for the plaintiff on non est factum. 2^2 31. On not guilty, in case. ib. 3 a. ————— in trespass. ib. 33. Where ajuror is withdrawn. 249 In Replevin, 34. For the plaintiff, on non cepit, 603 35. For the defendant, on several issues. ih, 36. The like, on stat. 17 Car. II. c. 7. ib. In Ejectment, 37. On not guilty, for the plaintiff. 673 38. The like, for the defendant. 674 39. The like, where part is fowid for the plaintiff, and part for the de- fendant, ib. 40. The like, on a nonsuit, for not confessing lease entry and ouster. ib, 41. Special verdict. 675 PR^X'IPES r . For bi 11 of Middlesex, not bailable. 19 2. — alias or pluriea bill of Middle- sex, ib. 3. — latitat, not bailable. ib, 4. — alias or pluries capias, not bailable. 20 ;. —hM\zAAe\ii\\oi Middlesex, 21 6. — alias or pluries bill of Middle- sex, bailable. ib. 7. — non omiltas bill of Middlesex. 22 8. — bailable /a/i^«<. ib. g. — alias or pluries capias, baila- ble. 23 10. — Mowo;;(?V/ascfl/)/ai,bailable. 24 11. — latitat into a county - pala- tine, ib. 12. —original writ, in covenant. 31 13. The like, in debt. 32 14. The like, in case. 33 15. For writ of summons, against a member of the House of Com- mons. 41 16. — rf/.?/nM^as against same. ib. 17. — appearance, by original. 96 18. — attachment of privilege, not bailable, 120 19. The like, bailable. 121 20. For habeas cotpus cum causa. 125 21. — habeas corpus ad satisfaci- endum 127 22. — supersedeas. 134 23. For 1. Wr 2. ThI mayl See r\ 1. Din rifii 2. TIJ INDEX. 715 nas. ntiff. 673 it. 674 und for Ihe de- ih. for not ouster. ib, 67s bailable. 19 Middle- ib. ih. not 20 ?5ex. 2 r Middle- ib. iliddlesex. iz ib. ias, baila- lilable. 24 nty - pala- ib. i^enant. 3 1 33 ngainst a 1 of Com- ame. iginal. rilege, ib, 96 not 120 121 causa. 125 i satisfaci- 127 134 23. lot 23. For subpena, on a. writ of inqui- ry. 175 24. The like, on a trial. 225 25. For habeas corpus ad testifican- dum. 228 26. — scire facias, against bail. 41 » 27. The like, on judgments. 435 28. For writ of error,cor«»« nobis. 494 29. The like, from the Common Pleas to the King's Bench. 495 30. The like, from the King's Bunch to the Exchequer-chamber. 497 31. For certiorari, for original writ. 3a. The like, for warrant of attor- ney. 5 1 8 33. For re. /«. /o< in replevin. 591 34. —appearance by original, in ejectment. 670 PRISONERS. See Affidavits^ 75t 6, 7. Bill, y, 8. Certificate, 3. Declaration, 2, 3, 4, 5. Entries, 32, 3. Habeas Corpus. Insolvent- Debtors. Rules, 26. Supersedeas, 7, 8, 9, 10. PRIVILEGE - 1. Writ of, for an attorney to be free of suits in a foreign court. 1 17 2. The like, to discharge him from an office. 1 1 9 See Attachment of Privilege. PROCEDENDO 1. Writ of, on habeas corpus. i4*» 2. The like, on a certiorari to the mayor's court of London. 148 See Replevin, 18. 20. PROCESS 1. Direction of, to the sheriff or she- riffs of a city, or town and count y. 28 2. The like, tp the coroner, tb. 1 97, 8 3. The like, to a county-palatine. 28 4. to the cinque-ports, ib. 5. ■ to Beiiiiick. ib. See Affidavits, 66. Habeas Corpus^ PROCHEIN AMI ; r. Consent of, for infant to sue by him. 1 1 2. General admission, to prosecute and detisnd, ifc. la See Affidavits, 64. Irfant. Rules, 18. PROCLAMATION 1 . Writ of, on outlawry. 49 2. foreign proclamation. 50 ^QQ Entries, 4. Returns, 14, 15. PROPRIETATE PROBANDA Writ of. i;88 PROVISO. See Distringas, 9. Rules^ 4. Q QUAKER. See Affirmation. Attomics, 2. R RECOGNIZANCES of BAIL. Sc& Bail, 1,2,3. Entries, 17, 18, ig. Scire Facias, 1,2, ifc. RECORD OF NISI PRIUS X. In common cases. arj 2. In error, on an issue In fact. 541 3. In replevin. 6o» 4. In ejectment. 673 RECOR. :Mi T\i INDEX. i' RECORDARI FACIAS LO- QUELAM. Sf,> Fcpleviiiy to, ^c. REGISTERING JUDGMENTS. 'iee Affidavits, 94. Certificate, 3. Memorial. RELEASE OF ERRORS. See Pleasy 2, 3. RELICTA VERIFICATIONE. S«e Cognovit Actionem^ 3. Jwrfg- Micw^A", 20. 27. 32. 104. REMITTITUR Damnuy et Becordum. See Judg}nents,^6. 22. 88. 90. 94. 102^3.4. RENDER. See Affidavits^ 72. Entries, 32. A'b- ficcj, 13. Supersedeas^ 7. REPLEVIN Authority for, and grant- IMG. 1. DepuJation to grant replevms.582 2. Writ of replevin. ^83 3. Alias. ib 4. Pluries. ib' 5. Plaint in replevin. 58 ' 6. Precept to replevy. 58''' 7. Summons thereon. 58? Removal of, from inferior Court. 8. Pone, hy the plaintiflf. 9. The like, by the defendant. JO^ Pracipe for re. fa. lo. II. Re. fa. lo. by the plaintiff. »2. The like, by the tlefiendant. 592 13. Summons thcreou. ib. 590 ib. ib. 14. Return to the rccojviajv, 592 15. Poiie, upoi\ a rscordari. 593 16. /)«<> »ij,'as thereon. 594 17. Capias. ib. 18. Procedendo, when the recordari is not returned. 2&. 19. Accedas ad curiam. 59^ 20. Procedendo thereon. 596 Proceedings in the Court ABOVE. 21. Declaration in. 597 22. Plea of now cepiV. 59S 23. Cepit in alio loco, with an avowry or cognizance for a re* tuin. ib. 24. Avowry or cognizance for da- mage feasant, on a freehold. ib, 25. Plea in bar thereto. 599 26. Avowry or cognizance for rent, on Stat. I : G. 1\. c. 19. § 22. ib, 27. Pleas in bar thereto, viz. no/j tenuit, and no rent in arrear. 601 z8. Issue in. 602 29. Jury-process. ib. See Capias in Withernam. Entries^ 13. Fieri Facias, 59, 60, 61. Inquiry, 9, ifc. Inquisition, 7. Judgments, gi, ^'c. Notices, 59, 60. /'owcas, 34, 5, 6. Proprie- tate Probanda. Retorno Hubendo^ Returns, "ill. Rules, j. Scire Fa' cias, 62,3. Second Deliverance. REPLEVIN-BOND 584 7- 8. Assignment of. 585 RESCUE. 9- See Returns, 7. 10 ii RESPONDEAT OUSTER. See Judgments, 33. 12 RESTITUTION 13 »4 I. Writ of, after a judgment re- versed in the King's Bench. 567 2. The O INDEX. 715 S92 593 594 lb. •cordari ib, 59 59' !0WRT 597 vith an >r a for re- ih. da- ib. 599 for rent, 22. ib, viz. non rrear. 6oi ib. Entries^ 6o, 6i. sition, 7* »^eccs, 59, Proprie- Hubendot Scire Fa- Uverance. 584 STER. N igmetit re- jnch. 567 2. Tlie a. TIw like, after a judgment re-|i6. The like, to special capias Mtla- versed in the Exchequer-chamber. gutum. 54 568 17. — — to vendit'oni txporuis. Ill versed in the Excheqv See Scire Facias, 60, 61. RETORNO HABENDO 1. In replevin, on a nonpros for want oi a declaration, 62 1 2. The like, for want of a plea in bar. 622 3. The like, on demurrer to a plea in bar, and writ of inquiry of da- mages. 624 4. The like, after verdict, and.Aeri facias for the damages and costs. 625 5. The like, after judgment of «o»- pros on a writ of sacotid delive- rance, and ca. sa. fur the damages and costs. 63 5 See Entries, 13. RETURNS Of mesne Process. I. Attachment in trespass. 18 a. Niiil habet. ib. 3. Attachment, or n//« ■ f 7tt j^S^^ '-^m^ INDEX. 13. The nke, where (he venue is laid ID Batvick upon Twted. 199 14. Writ of. . 3J7 15. The like, where one defencfaul pleads, and aiiother lets judgment goby (U'faiil'. ib. . y6. The like, where there are seve- ral issues, in fact and in law, and Iho jury are to a^sea contingent damages on the latter. si8 17. — — de novo. ib. See Cotuimmnces, 4, 5, 6. Judtrments, 39. Mittimus. SugreationSf 11, VENUE. • ■■■■'"■•'-' See Affidavits, 80. Rulex, 40, 41. Su\;gestions, 16. Venire facias, WARRANT To arrest. 9a VERDICT. • See Posieas. Special Verdict. - VIEW. . t W Svc Distringas, 10, it. Mittimus,/^. Kuies, 3 1) 2, w WALES. See Demand, i, 2. Distress, x. Outlawry, 5. WARRANT or ATTORNEY 1. .Manorundum of, lor plaintiff. 8 2. The like, for defendant. ib. 3. The like, on a cognovit, &c. i'A. 4. 'I'o confess juugment. 161 5. To acknowleugc satisfaction. See /IJidavifs, 78. Cfriiorari, 7. 9. ETttnes, 20, 4'<^. Erro', 23. 28. 37, Returns, 43. 45. WITHERNAM. See Capias in Withernam, WITNESSES. , . See Affidavits, 86, 7. Habeas 0)» /)a.v, 15. Interrogatories. Notices^ 36. Subpana. ■ %■ ' ^.-i ... -. ■ • WRIT OF INQUIRY, SecJwigments, 57. Fewre /acws, i?. jSee Inquiry. r ;.-f THE END, ,,-.,?, W.; '■ ,'. • . . J iJaques and Co, Printers, Lombard-Street, While -Friart.J X'^' 9« 408 « »-w I - — . I I ui iiwi ■*