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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
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■•*:
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; ««</ Notice 0/
Set-off.
CHAP. XXIX.
Of the Rule to Reply, ^c,
CHAP. XXXI.
O/" MAKING UP, and entering Mf Is-
182
183
185
SUE, &ff.
186
CHAP. XXXIV.
O/" Proceedings qn Issues, triable by
the Country, .. , 208
CHAP. XXXV.
Of the Record of Nisi Prius, Jury,
Evidence, and Witnesses. 315
CHAP. XXXVI,
Cy Arbitration, ^■
23 J
XIV
COlrtrENTS.
CHAP. XXXVII.
(y Trials ^jM^ Country, and their
Incidents. Page 238
I
CHAP. XXXIX.
,
Of Judgments.
259
CHAP. XL.
OJ CCSTS.
317,
CHAP. XLI.
Of Execution
320
CHAP. XLII.
Of Scire Facias.
4"
CHAP. XLIII.
Of Error.
494
CHAP. XLIV.
Of Replevin.
579
CHAP. XLV.
Of EjJ>CTMENT.
638
■,-!•"
■iH-
■:;V'
APPENDIX
• I ' I
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.l4i4Ji/'» .lA ♦?
if <*-■ ■'.
PRACTICAL FORMSr ; i
i^-a-
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• ■ ————— , , ^^^ ,-^ , . _
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<i him in the profession of an attorney at law
.'ind solicitor in Chancery, from the day of the date
«f the said articles, for the term of five years from
thciici; next ensuing, and fully to be complete and
ended; and which said articles were in due form of
law executed by the said A. B. C. J), and E. F. in
the presence of this deponent and ./. A', of—; — and
tliit the names of G. H. and J. K. set and subscrib-
f i 15 witnesses to the due execution thereof, are of
.•^'ie proper handwriting of this deponent and the .
said J. K,
G.IL
Sworn, (5<V.') ' •' ' ,
i
I
Notice is hereby given, that E. F. of
under articles of clerkship to A. B. of -
iiey at law, intends to apply next
bo admitted an attorney ot his majesty s court ot tonuy
King's Bench. Dated this day of 18 — -.
E. F.
now (5 3.)
off^f Notice of in-
term, to i;iy (of adiuis-
sioii as an at-
E. F. of
gentleman, maketh oath and (^ 4.)
saith, that he hath really and truly served and been '^^i'^'i^'t"[
employed by A. B. of gentleman, as his clerk .^rticks.
in the practice of an attorney and solicitor, for the
full term of five years, pursuant to the articles here-
unto annexed: And this deponent further saith, that
lie did, previous to last term, affix the name and
place of abode of him this deponent, and also the
name and place of abode of the said A. B. his mas-
ter, in the King's Bench office, and on the outside of
B 3 thtf
f I
m
6
or THE ADMISSION
Chap. II. the court of King's Bench in JVestminster-haU; and
that lie did also, previous to the same term, likewise
enter his name and place of abode, as well as the
name and place of abode of the said A. B. in the
book kept for that purpose, at the chambers of each
of the judges of his majesty's court of King's Bench.
Sworn, (^c.) •^ E. F.
In the King's Bench.
(^5.) E. F. of niaketh oath and saith, that by ar-
Affidavit of ticles of agreement bearing date, (5."<r.) and made and
ij.ivment of i ■ i « m i i /•
•tamp-duty on entered mto between J.B. then and now ot
areicics. gentleman, one of the attornies, {isc.) of the one
part, and C. D. of and this deponent of the
other part, this deponent did put, place and bind
himself clerk to the said A. B. to serve him in the
profession of an attorney at law and solicitor in Chan-
cery, from the day of the date of the said articles,
for the term of five years from thence next ensuing,
and fully to be complete and ended: And this de-
ponent further saith, that the said articles were exe-
cuted on the day they bear date ; and that on the
day of in the year of our Lord 1 8 — the sum
of /. was paid in respect of the duty on the
said articles ; and which articles were on the «
day of inrolled with the proper officer appoint-
ed for that purpose in this honourable court : And
(in case the person has been admitted in another
court) this deponent further saith, that he was on the
day of in the year of our Lord 18 — ad-
mitted an attorney in his majesty's court of
- Sworn, (3Cc.)
/;. F,
I F.F.
OF ATT0RNIE8.
Jf
I E, F. do swear, (or if aquaker, do affirm,) that Chap. II.
I tviU truly and lioneitly dumean myself in tliu KS C-)
practice of an attorney, according to the best of my ,?,"|iu,7o'*dI
Uliiibiuit,
kuowledge and abihty.
So lielp me God.
V
[ « 1 ::
u • >' - .,
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-
<liaii for d«{en-
action daiit.
h^H
\\
'.'*■ 1
12 ' NOTJCES OF ACTION.
Chap. III. action of trespass on the case, (or as the action is,)
, . in the court of the lord the king before the king
" I himself, as the guardian of the said C. D. during his
minority. 3y the Court.
■»Wi
(§ 1*2) E, F. is admitted to prosecute and defend for
SfsiumkM'ro- ^- ^' ^'^o is Under tlie age of twenty-one years,
sftutii andde- ^U and all manner of actions, suits and contro\er-
feiid, &,c. . .
sies whatsoever, m the court of .the lord the kmcr
before the king himself, as the next friend and guai'-
dian of the said A. B. during his minority. Admit-
ted tlie day of 1 S — ,
Ellenborough.
ik 15.)
Notice of ac-
tion to a jus-
tice, by the
Ji'irty, for false
To C. D. Esquire, one of his majesty's justices
of the peace jn and for the county of .
Sir,
You having, on or about the day of
last, as one of his majesty's justices of the peace in
and for the said county of , caused me to be ap-
iinpri'sonment. prehended, and unlawfully committed to a certain
common gaol or prison called in and for tlie
same county, and to be there imprisoned, and kept
and detained in prison there, without any reasonable
or probable cause whatsoever, for a long space of
time, to wit, for the space of then next follow-
ing ; 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 expira-
tion 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 court of King's Bench
at IVcstminster against you, at my suit, for the said
impri-
>^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<j;ainst the said C. J), for /. upon pronli^es, ac-
lording to the custoiu of our court before us; and
<inr said sherilVof Middlesex at tjiat day returned to
IIS, that the said C. D. and liiehard Hoc were not
found in his bailiwick; whereupon, on behalf of the
said A. li. it is sufficiently testified in our said
rourt before us, tluit the said C. J), and liiehard
Roc do run up and down, and secrete thcinsel.es in
your county : Therefore we command you, that you
take them, if they shall be found in your bailiwick,
and safely keep them, so that you may have their
bodies before us at Westminster, on next after
to answ er th^ said ^L B. of the plea and to the
Dai table /<!//-
hill aforesaid ; and have there then this wiit. Wit-
ness ildxi'ard Lord Ellenborough, at Westminster y
the day of iu the year uf our reign.
Way.
Biil by affidavit for /.
E. /'. Temple,
Plaintiff's attorney (or agent).
Indorseiiu;i»t
tjicrcon.
IS—.
icorge
(to wit). Alias {ov plurics) capiat for A. B
against C. D. Cuie,
(§ '-'■•3.)
for L on promises, Pr^f/>, for
J 1 ^ . idnu 111' jHnrii •
(«t I ' <io \t. /'(fir re »
^^ cdjuiii, bailable.
.'r
Jr):)
2f BILLS OF MIDDLESEX
Chap. IV. (or as the action is,) returnabk- on next aftei-
Oath for /. by affidavit filed.
E. F. attorney.
18—.
(4 24.)
fr-rhpe for
iil/(7s or pitiricf
George the Third, {is'c.) To the sheriff of
— greeting: We command you, as before (or
" as oftentimes before") we have commanded you,
that you take C. I), and Jiichard Iioe, if they shall
be found in your bailiwick, and them safely keep, so
that you may have their bodies before us at West-
viinstcr, on next after to answer y/. B. of
a plea of trespass, and also to a bill of the said yJ. B.
against the said C D. for /. upon promises,
according to the custom of our court before us to
be exhibited ; and have there tlien this writ. Wit-
ness, (&f.)
(to wit.) Kon omittas capias for yJ.B.
against C. D. Case, for /. on promises, (or
J'r^rrpr for
tinn omillof
coj;(a6,baiiabic. as the action is,) returnable, (&"t'.)
Oath for 1, by affidavit filed.
E- F. attorney.
18~.
George the Third, (isV.) To the sheriff of
fJJJibaiiabie. Srcctmg: We command you, that you onnt not
i)y reason of any liberty in your county, but that
you enter the same, and take C. I), and Jiichard
Boe, &c. (as in the alias orplurics capias.)
„ ^\']:.^ Countv-palatine of ,{to\\\t). LafitathT A. B
iatitM>,intna agaiust C.J). &c. (as for a conmion latitat).
oniinty-l)jiU-
tiue.
Ceorga
AND LATITATS, 8cC. 25
George the Third, [b<c.) To greeting: Chap. IV,
Wlicreas we lately commanded our sheriff of Mid- (§ 28.)
dlescx, that he should take C. 1). and liichard Roa eounty-paia*
if they should be found in his bailiwick, and »,'.»«•. ^'o"" 'he
•' ... direction of
them safely keep, so that he might have their bodies this writ, n«fe
before us at Westminster, at a certain day now past, ^°* 'P' * *
to answer A. B. of a plea of trespass, and also to a
bill of the said A. B. to be exhibited again.st the said
C D. for 1, upon promises, according to the
custom of our court before us ; and our said sheriff
oi Middlesex at that day returned to us, that the said
C D. and Richard Roe were not fovnid in !iis baili-
wick; whereupon on behalf of the said A.B. it is
sufficiently testified in our said court before us, that
the said C. D. and Richard Roe do run up and down,
and secrete themselves in our said cojnty-palatineof
: Therefore we command you, that !>y 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<f.)
And also to a bill of the said A. B. to be ex- C§ 38,)
hibitcd against the said C. D. for taking and car- V' ;f'espa.ss,
° <u' bonis nspOTm
rying away the goods and chattels of the said A. B. laiis,
to his damage of /. according, (^c.)
And also to a bill of the said A. B. to be ex- (§ 39.)
hibited against the said CD. for a certain tres- int'cspassaa*
pass and assault, committed by the said C. I), on
the said A.B. to his damage of /. according, •
And also to a bill of the said A. B. to be ex- (5 40.)
hibited against the said C. D. for assaulting, and Incriin.ros.
having criminal conversation with E. the wife of the
5iiid /L B, to his daiuago of /. according, (<S;r,)
To
ffi
1
^,i'«
^
^W^
w
i». -.
.5.
p> • ■'
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, h<c, (as in the /;(^»(', to the words " as it is
said"); and whereupon our sheriff of returned
to us on, i<v. (the return of the pom) last past, that
the said C. 1). had nothing in his bailiwick, by
which he could be attached : whereas it is tcstilied in
our same court before us, that the said C. 1). hath
sufficient in your bailiwick, by which ho may be
attached ; and have there the names of the pledges,
and this writ. Witness Ed-uHinl Lord Ellcnborough,
at Westminster, the day of in the
year of our reign.
Kenton
C 10.)
Distrin'.iis on
ail (ii'i,u'iii<»t
V. I if.
George the Thinl, (cVf.) To the slieriff of
gre(;ting: We command you, that you distrain
C. J), late of by all his lands and chattels in
your bailiwick, so that neither he, nor any one
for him, do lay hands on tlic same, until you shall
reccivvi from us another command in that behalf,
and ihat you answer to us for the issues of the same,
so that you have his body before us on where-
soever we shall then be in Englamt, to answer to
yl. B. of a plea, for tluit whereas, isi. (in case; or
ill covenant, of a plea that he keep, ^Tc. or in debt,
of a plea that he render, NV. as in the original, to the
'. - words
m
:. D. lute
^rcsoevcr
./. Ji. or
' as it is
returned
)ast, that
^ick, by
:stiHecl in
. 1). hati)
may be
pledptes,
iboroug/i,
the
Keuj/on
r of
distrain
attels in
any one
on shall
t behalf,
he same,
U'here-
nswer to
case ; or
in debt,
al, to the
words
I
■2»'
AND PROCESS, &C. ' $5
words *' as it is said,") and io hear his judgment Chap. V.
thereupon of many defaults; and have there this
writ. Witness Kd'^^ard Lord EUenboroughy at
Westminster y the day of in the — — year
of our reign.
.. Mention.
George the Third, {^c.) To the sherifFof
greeting: We comniandyou, as btforc, (oraso/?6'«-
timesj we have connnanded you, that you distrain,
George the Third, (5(V.) To the sheriff of
greeting : We command you, that you distrain CD.
late of, Kc. (as in the distringas^ altering the return,
to the words ** many defaults"); and whereupon
our sheriff of returned to us on, ^f. (the re-
turn of the distringas) last past, that the said C. D.
had nothing in his bailiwick, by which he could be
distrained : whereas it is testified in our same
court before us, that the said C. D. hath sufficient
lands and chattels in your bailiwick, by which he
may be distrained; and have there this writ. Wit-
ness Edward Lord Ellenboroughy at Westminster ^
the day of in the ye^r of our reign.
Kenyan.
(§n.)
Alms or l)lurifs
ditliingutt
(5 12.)
Testatum dis'
tungas.
■^- li. "^ Upon reading the several writs of dis-
V, >tringas 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
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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<V.) To the sheriff of
greeting : We command you, that yoii distrain, &'c.
(as in the distringas to the words, *' many defaults,'*
and then as follows) : And whereupon our sheriff of
at a certain day now past, returned to us at
Westminster, that the said C D. had nothing in his
bailiwick, by which he could be distrained ; whereas
J..J it
MEMBERS OF THE HOUSE OF COMMONS. \ 4ft
it is testified in our said court before us, tliat tlie Chap. Vli
said C. J), hath sufficient lands and chattels in your
bailiwick, by which he may be distrained; and 'V
have there then this writ. Witness, (5(c.)
JVaj/.
.^.. .>,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<j this writ. Witness, {Kc.)
George the Third, [Kc.) To the sheriff of
« 17.)
greeting: We command you, that you do not omit Special capw
T J 7 J utlagatum.
by reason of any liberty of your county, but by the
oath of good and lawful men of your said county,
you diligently inquire what goods and chattels, ' -'
lands and tenements, C. D. late of hath, or had * * '
in your bailiwick the day of last past, or ;^- ,
at any time afterwards, on which day he was out- ■ i,
lawed in your county, (or in the county where the v *^4
outlawry was, ) at the suit of A. B. in a plea of, ( 5Cc. )
as you have lately returned to us, (or if the writ
£ S issues
^H\
m
54
MOCESS OF OUTLAWRY.
m
Chap. VII. issues into a different coanty from that in wJiich the
defendant was outlawed, say, *' as our sheriff of
returned to us at IVestvu'nster, at a certain day now
past,") and by their oath cause tlie same to be ex-
tended and appraised, according to the true valuo
thereof; and what yon find by that inquisition, take
into our hands, and cause to be safely kept, so that
you answer to us for the true value and issues there-
' *, of; and having so extended and appraised the same,
' . what you shall have done thereupon, make known to
us, on wheresoever we shall then be in Ef'g-r
Ia7id, distinctly and plainly, under your seal, an4
tlie seals of those by whose oath you shqll have made
that extent andappmisement: And for that the said
CD. so being outlawed, conceals himself, and runs
up and down in your county, in contempt of us,
and in prejudice of our ci'own, as we are informed s
We command you, that you take the said C.J).
wheresoever he shall happen to be found in your
bailiwick, as well within liberties as without, and
keep him safely, so that you may have his body be-
fore us, at the aforesaid time, wheresoever we shall
then be in JEltigland, to do and receive what our said
court before us shall consider of him in this behalf |
»i]id have there this writ, Witness, (SCc.) ',,.:] i ..
The execution of this writ appears in a certain
intjuisition to this writ annexed. ... .: f
t ,■■
,
I-
>
(§ 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/</7n//£/J/ai</u«flW knight,
Chap. VII,
t
■•}•*[
:' H
■ii
■fK!
m
it
S9 MOCTSS or OUTLAWHY.
Chap. VII. -^t IVestmimter^ the flay of > in the -~^
year of our reign.
By the said trapn.ript, arid by <lie Barons.
to
.1 u ■..•r<
•%
(§21.) By vir*;uc of this Avrit to w:. dirfcf'i, I have
Return thae. caused ihe goods and cii-.ttels in the schedule or in-
ventory Icreunto auncxed mentioned,' to be sold
for the sum of /. being the be'* pr. ^e I could
grt for the saui'di ; which money I have before the
barons of the king'sr Exchcque at JVr.iftnivsfer, on
the day within- mentioned, ready to be paid to his
fltiajcsty's use, according to the command thereof.
The answer of sheriff.
(J 22.) To the right honourable the lords commissioners of
TPctition to the i . • . % ^
lords of the his ir,a|esty s treasury.
triasury, for a Thc humble petition of J, Bi
l«'8so of the *
outlaw 's lauds. Shcwcth,
'- That CD. late of being justly indebted to
your petitioner in the sum of /. for goods sold,
(SCc.) your petitioner commenced an action against
the said CD. for the recovery thereof, wherein liQ
has proceeded to outlawTy ; and that by virtue of a
cer!;ain writ of special a//)?iflrAK//fl'^rt?j<wz, issued upon
the return of the writ of exigi facias^ against the
said C. D. directed to the then sheriff of , E. F.
Esquire, then sheriff of the said county of — —re-
turned to the said writ of special capias utlagatum
to him directed, an inquisition indented, taken at
in the said county, on the day of in
the year of our Lord 18 — , by which it was found,
amongst other things, that the said C. D. on
on which day lie was outlawed «t the suit of your
petitioner,
iiil
IPROCKSS OF OUTLAWRY.
59
petitioner, was seised in Jus dem.sne as of fee, (or Chap, VIL
Ibr the term of hin life,) of and in one messuage and
one close of pasture with the appurtenances, called
or known by the name of situate, lying and
being in the parish of in the county aforesaid,
containing by estimation acres of land, knd
then in the tenure or occupation of of the
clear yearly value of /. in al) issues, beyond
reprises, and also of and in one other close of pas-
ture, S(c. (as in the inquisition) ; and that the said
shcrilF, by virtue of the said writ, on the said day of
taking that inquisition, had taken and caused to bo s
seised into the hands of our said lord the now king,
all and singular tlic said premises with the appur- '.
ti nances, as by the said writhe was commanded;
as by the return of the said writ of special capias
utlagatiim, now remaining of record in his majesty's '
court of Exchequer, may more fully and at large • -^
appear: And your petitioner further sheweth unto
your lordships, that the said outlawry still remains
in full force and effect, not vacated, superseded,
reversed, or annulled; and that your petitioner's
said debt, and the expences which he has necessarily
been put to in prosecuting the said C. D. to out-
lawry, amount to a large sum of money, that is to
say, to the sum of /. and upwards, and that
no part thereof has been paid or satisfied to your
petitioner. Wherefore your petitioner humbly
prays your lordship's favour and interposition, that
by and with the consent of his majesty's attorney- [
general in this behalf obtained, a lease may bo
n)adc to your petitioner, by and from his majesty's
QHurt of Exchequer, wliereby your petitioner may
be •
nir
.1
f»
PROCESS OF OUTLAWRV.
CiiAP. VII. be enabled to levy, take, collect and receive tlie
issues and profits of the said outlaw's lands and tc,
nements, so found by the said inquisition, to the
value tliereof respectively appraised and extended,
till such time as sufficient thereout shall be made,
collected and levied, to satisfy your petitioner's
J. said debt, costs and charges, or until such time as
the said C. D. shall cause the said outlawry, so had
in due form of law against him, to be reversed or
annulled. And your petitioner, as in duty bound,
shall ever pray, SCf.
%t ->
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<T.
Chap. VII. These arc to certify, that in — — tcdn, hi tUfi
(8 -J/ ^ year of the rciirii of his present inuiesty kinjj
ckclt ill couit. f-'i^or^c tlie Ilnrcl, a transcri[»t or an outhiwry was
returned and filed in this court, a«r;iiiist C. 1). lat*j
, '''■' of outlawed in at the suit oiAiB. in a
plea of trespass on the case, (or as the plea is,) by
which transcript it appears, that several p;oods and
chattels of the said CD. were seized into his niii-
jesty's hands by Ksquire, then sheriff' of the
said county of by virtue of a special capi'us ut-
Idgaimn, in the said transcript specified ; and I fur-
ther certify, that a writ oi venditioni e.rpomis has is-
sued for selling the said goods and chattels so
. , seized, whereon the said sheriff" halh returned, that
he hath sold the same for the sum of /.
(§ 26.)
Affidavit of
pLiiiit ill's dtbt
Uiui CDit;i.
In the King's Bench.
yy
i\ 27.)
Report on rc-
fci'cace.
A, B. of
A. li. 2)laintiff',
Between and
C. D. defendantf.,
makoth oath and saith, that the
above-named C. D. is justly and truly indebted
unto this deponent in the sum of -l. according
to the annexed account, and also in the further suar
of /. for costs ])aid to Mr. this deponent's
solicitor, in prosecuting the outlawry in this cause
acrainst the said CD.
To the ritjht honourable the lords comnussioncrs
of his majesty's treasury. "
May it please your lordships,
^ In humbk. obedience to your loi'dshrps com-
mands, signiiicd to mc by Mr. I have consi-
dered
! ' PROCESS or OUTLAWRY.
Jcrcd of the annexed petition of A.B. setting Chap.
forth, that CD. &c. (reciting the whole of the pe-
tition).
And I do most humbly certify to your lordships,
that I have received satisfaction as to the truth of
all the allegations in the said petition contained, «is
well by sight of the several records thereby referred
to, and a certificate of the said outlawry's being
transcribed into the office of his majesty's remeiu- «
brancer of the Exchequer, signed by Mr. one
of the attornies of that office, as by the affidavit of
the petitioner, whereby it appears to me, that the
said CD. is justly indebted to the petitioner in the
sum of /. for goods sold, (fi(f.) • _-
And it appearing by the affidavit of the said pcti- *
tioner, that liis said debt, with tlie several charges
he has been already put to in outlawing the said
C D. do exceed the sum levied by the sheritf ; and
as the petitioner must still necessarily be put to a
further expence, lam most humbly of opinion, that
it may be proper for your lordships to send your
warrant to his majesty's attorney-general, autho>
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<erson to reverse an outlawry : Since the above statute, the form
is as follows: " Afterwards, (tt'c) comes the said CD. by <
bib attorney, aud immrdiately says," (d^". ,j
F 3 .
i 'U
*10
PROCESS OF OUTLAWRY.
II
•Chap, VII, the statfiite of the thirty first year of the reign of the
Lady Elizabeth, late Cueen of Englmidy in that case
made and provided, issued against the said C. D. in
the plea aforesaid, whereby the outlawry aforesaid,
against the said C D. in form aforesaid pronounced
and had, is by the said statute; void, and of no force
©r effect in law ; and thi s he i s ready Xt> 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 <rf Middlesex ^ on the said out-t
la wry against the said C i^- in form aforesaid pro-
nounced and had, was pardoned to the said CD. ;
nevertheless, so that the said C. D. prosecute in our
court before us our writ of scire facias to warn the
said ^. .^. of the plea aforesaid, if the said A. li.
will complain against bini ; and because it is expe-
dient and necessary tha^ the said A. B. for his interest
in this behalf be warned, before any further pro-
ceedings are bad for discharging the said C. D. of
the outlawry aforesaid : Therefore we command
you, that by honest and lawful men of your baili-
wick, you make known to the said A. B. that he be
before us on — — ^ wljeresoever we shall then be in
EngUindy to prosecute IHs plea aforesaid against the
said C. D. if lie shall be willing ; and have there the
names of those by whom you shall so make known
to him, and tkw writ. Witness, (SCc.)
At
PROCESS or ClTTLAWIlY.
15
At which said before our said lord the king Chap. VII.
at Westminster, came the said C. D. in his proper (§ 39.)
person ; and the sheriff of the county aforesaid, to Kctiiru tiiert-
wit, esquire, by virtue of the said writ to him
thereupon directed, returned, that ho by £. F. and
G.H. honest and lawful men of his bailiwick, had
made known t^ the said A. B. to be before our lord
the king at the day aforesaid, wheresoever, i<c. to
prosecute his plea against the said C. D. ; and the
said A. B. although at that day solemnly called and r •
so warned, did not come, but made default : There-
fore he and his pledges to prosecute, 'to wit, John
Doe and Richard Hoc, are thereupon in mercy, Ke, .
and let the said C. D. go thereof without day, S(e.
and let the pardon of our lord the king, according to
the form of the aforesaid statute, be allowed to th^
^did CD. Sic. • TL . . ..^/ n.- ■ ,
r'-i'- t
■■.;;'* *^'
»'l ,«■.■■■■
/■ '0' v,;-.-..; •
- ■ k,u---', '.,'„• -•
'•I li.'v.ji,-' ^' ..
; .f.>.
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. • ,-<?,:% ■ . S^S.
For
'»• *
• ''I
i ' ]■ L
■i'. '
''I
m
%
IMAGE EVALUATION
TEST TARGET (MT-3)
^
1.0
I.I
1.25
128
no
Ui
2.2
m m
«llMU
mm
1.4 INI 1.6
6"
Va
'/
^
Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, N.Y. MSSO
(716) 872-4503
m
\
:\
\
6^
^
V
'^''^
4ip
^
t$
APFmAVITI
CitAP.VIIt
Mon«7 lent,
laid out, and
bad and re-
ceived.
(§8.)
Interest of
j&ooey.
Fbr money lent tmA advanced, flnd p»id laid out
and expended by tbis deponent to and for the UMe of
the said C. D. and at his request ; and for other mo-
ney had and received by the said C. D. to and for
the use of this deponent.
For money due and payable from the said C. D,
to this deponent, for interest upon and for the for-
bearance of divers large sums of money, lent and
advanced by this deponent to the said C, D. (or due
and payable from the said CD. to this deponent,)
and by this deponent forborne for divers long
^)aces of time now elapsed, at the request of the said
CD.
(§9.) For so much money due from the said CD. to
Account Stat- this deponent, upon the balance of an account stated
and settled between this deponent and the said C D.
For work and labour, done and performed by this
deponent for the said C D. and at his request, v '
For work and labour, done and performed by thig
deponent and his servants, and with his horses, carts
and carriages, for the said C D. and at his request.
For work and labour done and performed, and
materials found and provided, by this deponent for
the said C. D. and at his request.
(§ 10.)
Work and la-
bour.
(§11.)
The like, by
flaintifFand
lis servants,
%ith horses.
Ice.
(§ 12.)
Yor work and
labour, and
Btateriuls.
. (513.)
Serrant's
wages.
For wages due and payable from the said C D.
to this deponent, for the service of this deponent,
•i.*^ 1 . done
! /
I
TO nOLTi^O %A\U
n§
done and performed as tha hivcfd fenwnt of the stud Cuap.VIIL
C. Z). and on his retainer*
For work and labour, done and performed by this ($ n.)
deponent as a surveyor, in and about tl» drowinir <rf Work aad la*
divers plans, elevations and sections of buudingsj veyor.
and the surveying and superintending the erection
thereof, and in and abo4t ijie admeasurement and
valuation of certain works,iand die payment of cer>
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 ?' ' '
-<i . :■ ' '■ . , For ■
•■M?- '*»" :
«. ^ivr'
«0
CHAP.vm.
« n.)
The like, for
drawing deeds,
IbC.
(§ 18.)
For goods, &c.
9old and deli-
vered.
(5 19.)
Goods bar-
gained uiid
sold to defen-
dant, and deli-
vered to ik third
person.
•<§ 20.)
For money
ajrreed to be
paid on an ex-
change of
(§ 21.)
Kecessaries
found and prg-
vided.
(§ 22.)
Kedieii)os, &c.
(§ 23.)
Hire of horses,
AFFIDAVIT J
For ^oA. and latibur, care diligence and attend^4
ance, done performed and bestowed by this dcpo4
nent, in and about the drawing, copying and en-
grossing of divert deeds ^nd writings for the said
CD. and in amd ubout other the business of thia
said C. D. aad at hi» req\test. >
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<?ain8tdraw-
As indorsee of a promissory note, drawn by the
said C. D. payable to one £. F. or order, at a cer-
tain day now past, and "by him indorsed to this de-
X*'^j ponent.
On
TQ BOLD TO BAIL.
Oh a bill of exchange, drawn by one jE^. F, upon Chap.VIII.
and accepted by the laid C. D, payable to this de- (i s*-)
ponent, at a certain day now past. Sihange?'
payee against
acceptor.
On a bill of exchange drawn by the said C. D. .. ^^ x
npon one E. F. and payable to this deponent, at a payee against
certain day now past.
drawer.
On
As indorsee of a bill of exchange, drawn by one (§ 39.)
E. F. upon and accepted by the said C. D. payable Indorsee
to the said E. F. or his order, at a certain day now tor. " *
past, and by him the said E. F. indorsed to this de^
ponent. ^ ' ;
As indorsee of a bill of exchange, drawn by the ^^ 39.)
said C. D. on one E. F. payable to the order of the indorsee
said C. D. at a certain day now past, and by him er. ""
the said C. L, indorsed to this deponent.
' For principal and interest due on a bond, bearing (§ 4C.)
date, {5Cc.) and made and entered into by the said pnam©ney-
"^ bond.
C. I), to this deponent, in the penal sum of /.
conditioned for the payment of • /. and interest,
at a certain day now past. t 'iK
For the arrears of a certain annuity, diie to this (§♦! )
deponent, upon and by virtue of a bond, bearing ^'^Jf'*'"*
date, {^c.) and made and ei.tered into by the said
C. D. to this deponent, in the penal sum of — — /. '-^
conditioned for the payment of the sum of —— /. v =
a year to this deponent, by the said C D. during; ^
the life of the said CD.- ,
0,% >»— 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<l this de-
ponent of the other part ; and which said indenture
is of the value of /. and upwards to this dc- *
ponent, who hath demanded the same.
That C. D. hath possessed himself of divers goods (§ .SR.)
and chattels of this deponent, of the value of /. ^^ ♦'"over, for
goods
which he hath refused to deliver to tliis deponent,
arid hath converted tjie same to his own use. - ; -^'
.V. h,i>-.,<
'~'\:
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
J<i>A 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<y wit.) Appearance for C.D^ at the suit
pearancetby*" of -^- ^' ^o & Ciipias returnable, {&(c.)
Miitsinal.
(§ 2.)
E. F^ attorney^
(to wit). The sheriff was commanded, that
Entry of com- he shoiild take CD. late of if, Uc. and him
ntou appear-
ance, by origi- safcly keep, so that he might have his body be-
fore our lord thd king on wheresoever, i^c. to
answer to A.B, of a plea, ^c. (as in the capias^ to
the words " as it is said.") Arid the said CD. by
E.F. his attorney, prays that his appearance there-
upon may be recorded by the court here ; and it i»
recorded, ^f. '
(§3.)
Cemmun baii*
piece.
term, in the year of the reign
of King George the Third.
Way
(to wit). C D. having been served
with process, is delivered to bail to
John Doe J of yeoman
, ■■■ and '■■■
Richard Roe, of the same
,; place yeoman,
4*^. F. attorney, ; , :, at the suit of A. B
18—. ■ '-^... ..-v K.. -■■■.: ;
-/>',.
\:
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<r
[' I:'
im
SPECIAL BAIL.
Chap. XI. ing bail in this action, he this deponent, by the order
and directions of the said G.II. inquucd into the
suliiciency of the bail intended to be justifieici for
the^aid defendant; and saith, tliat L.M. one of tlie
said bail liath been a banjcrupt, and hath not yet
o])tained his certificate, as this deponent hath been
informed and verily beheves.
E.F.
Sworn, (&V.)
{% 20.)
Rule for the
allowance of
bail.
A.B. N Upon reading the affidavit of G.H, it is
V. > 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
»'<?'v/ Lord
i
AGAINST SHERIFFS, &C.
Ill
and witliin my builiwick, took and arrested tlie Chap. XII.
within-named CD. according to the exigency of
the said writ, and safely kept him in their custody, >
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<V.) *
-o;'/ is '.*
vzw
(§":)
George the Third, (5Cc.) To ihe sheriff of-
greeting: We command you, that you distrain ^"'""^''* *''^*
G. If. bailiff of our liberty of in your county,
by all his lands and chattels .in your bailiwick, so
that neither he, nor any one for him, do lay hands
on the same, until you receive another command
from us in that behalf; and that you answer to us
for the issues thereof, so that you have before us at ^
Westninster, on next after (or by origi-
nal, on wheresoever we shall then be iri Eng^ -
land,) the body of E.F. by him taken, and in our
prison under his custody detained, as by your re-
turn heretofore by you sent into our court before
us you have charged the said bailiff, to answer to
A. B. of a plea of trespass, and also to a bill, Kc. (or
by original, the body of E. F. late of whom
by our command the said G.H. lately took, as you
returned to us at IVestminster, on last past, to
answer to yi.B. of a plea of, SCt.) and for the said
G.II. to hear his judgment thereupon of many de-
faults; and have there then (or, by original, "have
there") this writ. Witness, (&r.j
i
The
114
PXOCEEDINOt
Chap. XII. The sheriff was commanded, that he should
(^ 12.) take C. D. late of if, i^c. and him safely
by oHKiuar^' ^^^P' *<> ^^** ^^ 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.<i, in vaca-
ttua.
(§9.)
Beginning of
a ritciaration,
'^■hore dt't'tn-
clant is in cus-
Kxly of the
siiL'fiO'.
term, in the year of the reign of
King George the Third.
(to wit). A.B. complains of CD. being
in the custody of the marshal of the msirshalsca of
our hud the now king, before the king himself; foif
that whereas, {S:lic.) ^ , ', v
(to'wit). Be it remembered., that on the
— — day of in the — — year of the reign of
our lord the now king, (a day after the cause of ac-
tion accrued,) A.B. brought into the office of the
clerk of the declarations of the court of our said
.lord the king boforc the king himself, according to
tlie course auJ practice of the same court, his cer-
tain bill against CD, being in the custody, (w^f.)
of a plea of trespass on the case, ^c. (or as tho
plea is,) and filed the same bill as of term, in
the year of the reign of our said lord the king ;
which said bill follows in these words, (that j"; to say : )
(to wit). A.B. complains of CD. being, {ike.)
(to wit). A.B. complains of CD. being
in the custody of the sheriff of by virtue of a
certain precept called a bill of Mkldlese.y, (or l>.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<cep(*r of^ Ills maiesty's gaol in and for the Chap. XVIi
comity of subscribe his name to the certificate
hereunto annexed, and that at the same time he thin
deponent subscribed his name as a witness to the
said certificate, and that /. A', of did then also • ,
subscribe his name as a witness to the said Certifi-
cate, in the presence of this deponent. ^
Sworn, {^c) ' ^. . V ■ ' -^ 't~
' • ^^ -" ': • ' A.n. jikintiff,
and
..sj:-»;'<i-.jf;
In the Kinfj's Bench.
E.K6f-
(§ 6.)
AHidavit uf
' n n 1 r j sorviee and I'.t-
C. J), defendant, ttridancc on
6lef1v to'Mr:' G. IF. attorney for the «'»"'"»"«' <^»!
defendant in this cause, makcth oath and saifh, that f^i- pnso.'vet'*-
, , . , , . , ,. , . . disch:irg:c. ' ^
lie this deponent on the ■- my or tins instant - —
served tlie summons hereunto annexed, by deliver-
in<; a true copy thereof to !*tlr, f.K. the attorney
for the plaintiff in this cause, and at the same time
shewini^ him the said original summons: (Or if there
arc three summonses, *' that he this dcponctit on
the , and days of this instant
severally served the three several summonses here-
unto annexed, by severally delivering true copies
thereof to Mr. ./. A', the attorney, (c^>:) 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<rether with this writ, that wc may further
« .•>•)
.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.
<yMtf Declaration; and Notice to pleai^, ^r.
').4vt »n.4 i«jc^4f"
*,^.-, .*,■
Rule for timC;
or furUier
to declare
) A. B. \ y^ i% ordered, that the plaintiff have time
ime, y, V (or further time) to declare, untiithe first
time, 1
I. C. D. ^ day inclusive of the next term, (or last
day inclusive of the present term,) if the defend-
ant be not in custody.
/A»,f.ifi.. ■mm.-k-^mk
(§2.) Way,
Beginning of a
declaration by
bill, in case or
trespass.
(§9.)
■ ' term, in the — — year of the
reign of King George the Third.
(to wit). A.B. complains of CD. being
in the custody of the marshal of the marshalsea of
our lord the now king, before the king himself; for
that whereas, (or in trespass, ** for that,") SCc*. .
(to wit.) A. B. by E. F. who is admitted
The like, by an by the court of our lord the king before the king
himself here, to prosecute for the said A. B. who is
an infant within the age of twenty-one years, as the
next friend of the said A.B. complains of CD,
being, (^f.)
If the plaintiffs are assignees of a bankrupt or
insolvent debtor, or the action be brought by or
against executors or administrators, they should be
described accordingly.
(to
('
{y^c.) of
reasonab]
the said ^
ceiver of
Of a f
sum of —
which is i
nuity or ;
C. D. owe
Of ap]
Of ap]
sum of —
which he
-— (tj
vereign h
of i,
behalf, c(
he rendei
of the sail
who sues I
money of
justly de^
Of a
goods am
value of :
whic'^ hel
r.'A
DECLARATION.
1.5 1
(to wit). A. B. complains of C. D. being. Chap. XVni,
(Kc.) of a plea that he render to the said A.B. a „^ ,(§*•)
,1 /.i'- 1 L iwY. Thehke,ln
reasonable account, for the time he was bailitr to count.
the said A. B. in — »- in the county of (or re-
ceiver of the monies of the said A. B.)
ac«
t
■S4i.
.*^
rtlff; »
- Of a plea that he render to the said A. B. the (§ 5.)
sum of /. of lawful money of Great Britain^ '"* anwity.
which is i: • arrear to the said A. B. of a certain an-
nuity or yearly rent of /. and which the said
C. D. owes to the said A. B. . ,,;. ,
Of a plea of breach of covenant.
(§6.)
In covenant.
' Of a plea that he render to the said A. B. the (§ ''•)
sum af /. of lawful money of Great Britain, ^'»^«'>*-
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:<K^^r
,■{-.
Of COMPROMISING and compounding the Action*
'■.].• 'jV/a "^-iv,:; r!f:;ri t. ':;'■- ,-r.- ■
(§ 1.)
Summons to
stay proceed. „, chambers in Serjeant' s-Itm, at
mgs, on pay- •' " '
meat of debt in
and costs.
■ -^ vf
(§2.)
-.:.Gi
Order there-
upon.
^-i
^^ J^
LjEiT the plaintiff's attorney or agent attend me at
— of the clock
to shew cause why upon payment of
the debt for which thi^ action ii bror ~ht, together
with costs to be taxed, all further proceedings in this
cause should not be stayed.
Dated the day of 18 — .
Upon hearing the attornies or agents on both
sides, I do order, that upon pa.yment of — ^— the
debt due from the defendant to the plaintiff, for
which this action is brought, together with costs to
be taxed and paid, all further proceedings in this
cause be stayed.
Dated the —^ day of 18 — .
To
K
COMPROMISING, &C.
161
To E.F. G.H.^xAJ.K. gentlemen, attornies Chap. XXII.
of his majesty's court of King's Bench at West- (§ 3.)
• minster, iointlv and severally, or to any other ^^^TantV at-
' '' •' •' • •' toriiey, to cori-
attorney of the same court. ., fv8»juii(jmeia.
THESE are to desire and authorize you, the at-
tornies above-named, or any one of you, or any
other attorney of the court of King's Bench afore-
said, to appear for me CD. of in the said
court, as of this present term, or any other
subsequent term, and then and there to receive a
declaration for me, in an action of debt for L
for money borrowed, (ofr on a bond or obligation
made and entered into by me the said C. D. to A.B.
in the penal sum of /. ) at the suit of the said
A. D. and thereupon to confess the same action, or
else to suffer a judgment by nil (licit or otherwise to
pass against me in the same action, and to be there-
upon forthwith entered up against me of record of
the said court,' for the said sum of /. besides
costs of suit : And I the said C. D. do hereby fur-
ther authorize and empower you the said attornies,
or any one of you, after the said judgment shall be
entered up as aforesaid, for \\i^ and in my name, and
US my act and deed, to sign seal and execute a good
and sufficient release in the law to the said A. B. his
heirs, executors and administrators, of all and all
manner of error and errors, writ and writs of error i
and all benefit and advantage thereof, and all mis-
prisions of error and errors, defects and imperfeC' I
tions wliatsoever, had, made, committed, done or •'
suffered, in about touching or concerning the afdra-
said judgment, or in about touching or concerning
an} writ, warrant, process, declaration , plea, entry or
other proceedings whatsoever, of or any way coi>-
"•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/<v aforesaid, that the said //. J5. ought to re-
cover against the said C. ^. his damages on occa-
sion of the premises : But because it is unknown to
our said court before us, what damajjes the said
A. B. hath sustained by means of the premises
aforesaid: Therefore we command you, that by the
Oath of twelve good and lawful men of your baili-
wick, you diligently inquire what damages the said
A. B. hath sustained, as well by n. ans of the pre-
mises aforesaid, as for his costs and charges by him
about his suit in this behalf expended ; and that you
send to us at Westminster, on next after
the inqiiisition which you shall thereupon take,
under your seal, and the seals of those by whose
oath you shall take that inquisition, together with
this
WRITS OF INQUIRY, &C.
this writ. Witness Edward Lord JUllenborough, at
IVestminstcr^ the day of in the year
... . •.. /Fay.
of our reign.
161
Chap.
XXIII.
1 -
George the Tliird, (Sfc.) To our chancellor of (^5.)
pur county-palatine of Lancaster, or to his <leputy J[!fJ|Jjy.p.'l°.
there, greeting: Whereas A. li. lately in our court line.
before us at Westminster, by bill without our writ,
impleaded CD. being in the custody, He. (as be-
fore): And such proceedings were thereupon had ,
in our said court before us at JVcstminsicr afore-
said, that the said A. li. ought to reecover against
the said C. D. his damages on occasion of tlie
premises: But because it is unknown to our said
court before us, what damages the said A. B. hatli
sustained by means of the premises aforesaid ;
therefore we command you, that by our writ under
the seal of our said county-palatine to bo duly made,
and directed to the siicriff of the same county, you
command the said sheriff, that by the oath of twelve
good and lawful men of his bailiwick, he diligently
inquire what damages the said A. B. hath sustained,
as well by means of the premises aforesaid, as for
his costs and charges by him about his s;iit in this
behalf expended ; and that you send to us at West-
viinstt'r, on next after the inquisition
which the said sheriff shall thereupon take, under his
seal, and the seals of those by wliose oath he slialj
take that inquisition, together with this writ*. Wit-
ness, {^c.) , , ,
George the Third, (SCr.) To the sheriff of (^6.)
greeting: Whereas CD. was attached (or sum- Wiitotin-
" " , fiuiiy, by on
IVI i
moned) ginj.
168 ' WAITS OF INQUIRY, &C.
Chap, moned) to appear in our court before us, to answer
XXIII. J, B. of a plea, that whereas, Kc. (to the end of
the declaration, ) And such proceedings were there-
upon had, STc. (as in a writ of inquiry by bi.l, mak-.
ing the return general, ti'/f^fre^odver, 5Cf.).
(^v, 8.) For these sections^ vidt post ^ ^\i-&.\i.y>\W .
(§9.)
Writ of in-
quiry by bill,
in <l«;l)t on
George the Third, (^c ) To the sheriff of ,
and to the right honorable Edward Lord Ellenbo^
rough, our chief-justice assigned to hold pleas in our
Samtgcs onthe ^ourt before us, (or," to ourjustices assigned to takii
.statute 8 & the assizes in your county") greeting: Whereas
§ 8. 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 marsbalsea before
us, of a plea of debt on demand, for 1, of
good and lawful money of Great -Britain, upon
and by virtue of a certain writing obligatory,
in the penal sum of /. bearing date, (Sfc.) and
sealed with the seal of the said C. 1) : And such
proceedings were thereupon had in our said court
before us, that it was afterwards considered by the
same court, that the said j4. B. ought to recover
against the said C. D. his debt aforesaid, together
with his damages which he had sustained on occa-
sion of the detention thereof, i(c. whereof the said
C. D. is cdqvicted, as appears to us of record : And
thereupon the said A. B. according to the form of
the statute in such case made and provided, sug-
gested upon tlie roll whereon tiie said judgment so
recovered against the said C. D. as aforesaid is en-
tered, to the eflcct following, to wit ; that the said
writmg
writing <
so recov
made an
subject
whereby
any, pre
declared
the said
wliereon
said C. J
Uc. (here
prayer c
follows \\
said A. k
A.B. h«
truth of 1
of the s;
damagesi
fore, acj
case maci
sheriff",
men of
right h(
said chil
court
ofassizc
the Gu\
WestmiA
inquire
premise
A.BM%^
cs; and I
justice
•WRITS OF INQUIRY, &C.
. '
writing obligatory whereon the said judgment \va»
90 recovered against the said CD. as aforesaid, was
made and given by hiro the said C. Z>. under and
subject to a certain condition tliereto subscribed,
whereby after reciting, 5<V. (stating the recital, if
any, preceding the condition of the bond,) it was
declared, that if, 6<'f. (reciting the condition) : And
the said A. B. further suggested on the said roil
wlioreon the said judgment so recovered against the
said C. D. was and is so entered as aforesaid, that,
Uc. (here state the suggestion of breaches, to th?
prayer of a writ of inquiry, and then proceed as
follows ;) as we have received information from the
said A. B. in our court before us : And the said
A.B. having prayed our writ to inquire of the
truth of the aforesaid breaches of the said condition
of the said writing obligatory, and to assess the
damages which he hath sustained thereby ; there-
fore, according to the form of the statute in such
case made and provided, we command you the said
sheriff", that you summon twelve good and lawful
men of your bailiwick, to appear before our said
right honourable Edward Lord Ellenborough , our
said chief-justice assigned to hold pleas in our said
court before us, (or " before our said justices
of assize,") on the day of next, at
the Guildhall of the city of London y (or ** at
Westminster-hall, in the county oi Middlesex,''') to
inquire diligently on their oath of the truth of the
premises, and to assess the damages winch the said
A. B. hath sustained by reason of the aforesaid breach-
es ; and thaty on have on that day before our said chief-
justice (or justices of assize) this writ : We likewise
command
1C»
Chap.
'1
170
Chap.
XXIII.
(§ 10.)
The like, in
debtonartirlcs
of agree nib nt.
WRITS OF IKCiUIRY, &C.
command our sa. chief-justice, (or justices of aa,
size) that he (or they) certify the inquisition before
him (or them) taken, to us at Westminster, on
next after »- — together with the names of those
by whose oath such inquisition shaU be taken ; and
that he (or they) also liave there then this writ. Wit-
ness Edward Lord Ellenborough , ( &c . ) ,..;,.».
Gm-ge the Third , {Uc.) To the sheriff of ,
and to the right honourable Edward Lord EUe)\~
boroxtgh, (&c. ) greeting ; Whereas A. B. lately in our
court before us at Westminster , by bill without our
writ, impleaded C. D. bem^ in the custody, (tVr.) of
fi plea that he should render to him the said J. B.
the sum of /. of good and la\vf\il monoy of
Great Britain, which he owed to and unjustly de-
tained from him ; for that whereas by certain ar-
ticles of S'L.Kicment (or a certain indentui'o) made
on, SCc. (ver.Jtirg the whole of the declaration,) to
th? dam; ,:c of the said A. B. of /. as he said,
and therefoif he brought his suit, &V. And such
proceedings were thereupon had in our said court
before us, that it was afterwards considered i)y the
same court, that the said A. B. ought to rcr aver
against the said C. D. his debt aforesaid, together
with his damages which he had sustained on occa-
sion of the detention thereof, 3(f . whereof the said
CD. is convicted, as appears to us of record : And
the said A.B. having prayed our writ to inquire of
the truth of the aforesaid breaches of covenant above
assigned, and to assess the damages which he the
said A. B. hath sustained thereby ; therefore, ac,
■ • ■^:'"' I ■■>■■■' 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<V.
(reciting the whole of the declaration,) to the da-
mage of the said A. B. as assignee as aforesaid, of
■ /. as he said, and therefore he brought his suit,
S^c. : And it was in such Manner proceeded in our
said court, before our justices aforesaid, that it wan
considered by the same court, that the said A. B.
ought to recover his said debt, and his damages by
occasion of the detention thereof: But because, ac-
cording to the form of the statute in such case mado
and provided, a jury ought to inquire of the truth
of the said breach of the said condition of the said
writing obligatory above assigned, and to assess the
damages that the said A. B. has sustained thereby ;
and the said A. B. having prayed our writ for that
purpose ; therefore we command you the said sheriff
of to sunmion twelve good and lawful men of
your county , to appear bcfort? our chief-justice of
the
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23 WIST MAIN STREET
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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< .<iiiig by
,.Vt ., -i>.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<iun
turn.
'. t ■ ri
174
Chap.
XXIIL
Rourn.
WRITS OF INQUIRV, &€?.
sign of in the said county of on the ■
day of in the y«ar of the reign of our
sovereign lord George the Third, by the grace of
God of the united Kingdom of Great Britain ftnd
Ireland king, defender of the faith, and in the year
our of Lord 1 8 — , before sheriff of the county
aforesaid, by virtue of a writ of our said lord the
king, to the said sheriff directed, and to this inqui-
sition annexed, to inquire of certain matters in the
said writ specified, by the oath of E.F. (&c.)
honest aild lawful men of the said county, who upon
their oath say, that A. B. in the said writ named
hath sustained damages to the sum of - ■ /. by the
means in the said writ mentioned, besides his costs
and charges by him about his suit in this behalf laid
out, and for his costs and charges aforesaid the
sum of /. In witness whereof, as well I the said
sheriff, as the said jurors, have set our seals to this
inquisition, the day and year above-written,
V ..• .. ,:-.., •;. . -■.-:;-j V . ..•.■'^^.,•
The execution of this writ appears ir inqui-
sition hereunto aimexed. »• ' ■ '^ " -«'
' . The answer of — ■ — sheriff*
The like, on — — to wit. An iuquisitiou indented, taken be-
I'wfiiLcai! fore me the right honourable iiV'^^zrrf Lord i5://ew-
§ ^* horoughy his majesty's chief-justice assigned to hold
pleas in the court of the lord the king before the
king himself, (or " before us and his ma-
jesty's justices assigned to take the assizes in the
county of " ) on the day of in the
. V .^-«, — year of the reign of our sovereign lord George
the Third, by the grace of God of the united King-
' " dom^
tweer
part
■.i;ii>
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<?or^g the Third, (i^c.) To G. /T. &c. (here in*
sert the names of the witnesses, ) greeting : We com-
mand you, and every of you, that laying aside ail
and singular businesses and excuses whatsoever, you,
and every of you, be and appear in your proper
persons, before our sheriff (or sheriffs) of — — on
at ■ (according to the notice of inquiry,)
then and there to testify the truth, according to
your knowledge, in a certain cause now depending
in our court before us, 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 plaintiff, (or
defendant,) on which our certain writ of inquiry of
damages hath been sent by us out of our said court,
and directed to our said sheriff, (or sheriffs,) then
and there in due form of law to be executed ; and
tliis you, or any of you, shall in no-wise omit,
under the penalty of 100/. VJiis^ess^ Edward Lord
Ellenboroiighf (&c.)
>
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<c. and says, that he did not un-
dertake or prowtse, in manner and fomi aM tlte said
A. B. hath above thereof complained against him ;
and of this he the said CD. puts lutuself upon the
country, &"c. *
' >;
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,
il<c. and hereupon a day is given to the said A.B.
before our said lord the king, until wheresoever,
h<c. that is to say, for the said A. B. to imparl to the
said pleas of the said C D. and then to reply to the
same; the same day is given to the said C. D. there,
Kc, At which day, before our said lord the king at
Westminster J come as well the said A. B. as the said
C. D. by their respective attornies aforesaid ; and th^^
said A. B. as to tlie said plea of the said C, D. Kc.
(to the end of the pleadings) : Therefore it b com*
mandcd to tlie sheriff^ &(c. (as before). , ^. ., , ^
Therefore as well to try this issue, as tlie said
other issue (or issues) above joined between the par-
(§5.J
Award of re-
vire, where
there are seve- ties aforesaid, Ict a jury thereupon come, 6fc. Xor ty
feet. original f it is commanded, S(c.) ;._ ^^ ve^M 1 1
(§ 6.) And as well to try the said issue (or issues) above
The like.whcrc joined between the parties aforesaid, to be tried by
there are seve- •' . , . .
rai issues, ia the country, as to inquire what damages the said
law.*" >u 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<r/, it is commanded, 5ff.)
, There-
ISSUES.
191
Tkercforc as well to try this issQe, as the said
«thor issue (or issacs) above joined hctf^ocn the
said A. B. and the said E. F. kt a jury thereupon
come, &V. (or by originMl, it is commanded, IfC. )
(After copying the plea and issue thereon, pro-
ceed as follows : ) And the said £. F. in his own
person, comes and defends the uTong and injury
when, 4r<*. and says notliiag in bar or preclusion of
tlie said action of the said A. li. whereby the said
A. B. remains therein undefended against the said
£. F. wherefore tJie said A. B. ought to recover
against the s;ud E. F. his damages by reason of the
premises : Bat because it is unknown to the court
h&xGy what damages the said A. B. hatii sustained
by r«ason thereof ; and because it is also at present
unknown to the court here, whether the said C D.
will be convicted of the premises, upon which the
said issue is above joined between the said A. B. and
the said C. D. or not; and because it is convenient
and necessary, tliat there be Hut one taxation of
damages in this suit ; therefore let the giving of
judgment in this belialf against the said E.F. be
stayed, until the trial or determination of the said
issae above joined between the said A. B. and the
said C D. And as well to try the said issue above
joined between the said A.B. and the said C. D. as
to inquire against the said E. F. what damages the
said A.B. hath sustained in tliis behalf, let a jury
thereupon come, 4t. (or by origmalj it is com-
aaanded, ^c.) •;;;;-.':(. . i ^ ■: a t
Chap.
XXXI.
(5'?.)
The like,
whore there
arc sweral
defendants,
who plead se-
parately.
Entry and
award of t'^
nire, where
there; are seve-
ral ^Icfendants,
one of wluim
plea<lii, and
anuMier lets
JiidkCnicnt g(i
by d<'faull.
»
There-
■ll
192
Chat.
XXXL
Award of miu
t'nnut, to the
county-pala-
tine of La
^ari'
easier.
»4i
ISSUES.
■« ■ . , '*
Therefore let a jury be made thereof : And be-
cause the said issue above joined between the par-
ties aforesaid, ought to be tried by men of the
county.palatine of Lancaster , that is to say, of the
body of the said county, where the writ of our said
lord the king doth not run, and not elsewhere;
thercforetotrythesaidissueabovejoined between the
parties aforesaid, let the record of the plaint afore-
said be sent to his majesty's justices of the said
county-palatine of Lancaster ^ so that the same jus.
tices, by his said majesty's writ of that county to be
duly made, and to the sheriff of the same county
directed, do command the said sheriff, that he cause
twelve free and lawful men of the body of the said
county of Lancaster, to come before the said jus-
tices, at their liext general sessions of assise to be
holden for th^ said county, after the said record
sliall have been delivered to them, each of whom,
^c. by whom, ifc. and who neither, 6(c. to recog-
nize, Ifc. because as well, ifc. And when the veri-
fication and issue aforesaid shall have been there
made and tried, then the said justices shall send the
record of the plaint aforesaid, together with every
thing that shall be done thereupon before them, in
his said majesty's court there, to our said lord the
king at Westminstery at a certain day which the
said justices shall appoint to the said parties to be
Ir. the same court here, to hear judgment there-
upon.
« jQ J Therefore let a jury be made thereof; And be-
Theiike,tothe cause the men of the said city of Chester and county
city of Chester . ^£ ^^^ ^^^^^ ^j^^^ ought not, nor havc been used to
come
41
Issues.
tome out of the same city and county of ihc satno
ctty, to try any issue joined in the same city and
county of the same city ; therefore for trying the
issue aforesaid, triable in the said city of Chester
and county of the same city, let the record of the
plaint aforesaid be sent to the chamberlain of our
said lord the king of his county-palatine of Chester^
or to his deputy there, so that the said chamberhin
or his deputy, by writ of our said lord the king
under the seal of the said county -palatine, duly to
be made out, do cause the record aforesaid to be
sent to the mayor of. the said city of Chester and
county of the same city, commanding the <!aid
mayor, that for trying the issue aforesaid, the said
mayor do command the sheriffs of the said city of
Chester and county of the same city, that they
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 have been delivered to
him, twelve, Kc. by whom, He. and who neither,
Kc. to recognize, Hit. because as well, i^c. And
when the verification and issue aforesaid shall have
been there made and tried, then the said mayor
shall send the record of tlte plaint aforesaid, together
with every thing that shall have been done there-
upon before him, to the said chamberlain or his
deputy, so that the said chamberlain or his deputy
may remit the same into the court of our said lord
tlie king before the king himself at JVest7mfister, at
a certain day which the said mayor shall appoint to
the said parties to be in the same court here, tp
hear judgment thereupon, S(c.
193
CHAI»,
XXXI.
m
(After
-ftrm
h
-k.
f
«•
194
ISSUES.
Chap.
XXXI.
Ismt!, and
r. II.
^ 8. with
award of t*.
Hire, tfhu i/d
triamlam guam
irl intjuircti'
dum.
^ After the plea oinon est factum and the similiter f
proceed as follows : )
And hereupon the said A. B. prays that the said
bS*hfi«"after ^^'^^^^S obligatory in the said declaration mentioned
plea of Hon nt may be enrolled, and the same is accordinKlv en-
,fiifliim, on the ,, , . , , • ,, .
Stat. 8&9W, rolled \n these words, to wit: (here set out the
in. r. II. obligatory part of the bond verbatim.) He also
prays that the condition of the said writing obli-
gatory may be enrolled, and the same is accordingly
enrolled in these words, to wit: Whereas, Ac.
(here set out the condition of the bond, beginning
with the recital, if any). And for abroach of the
said condition of the said writing obligatory, the
said A. B. according to the form of the statute in
such case made and provided, suggests, and gives
the court here to understand and be informed, that,
Uc. (assigning the breach, and concluding as fol-
lows : ) Therefore to try the said issue above joined
between the said parties, and in case the said issue
shall be found for the said A. B. to inquire of the
truth of the said breach, in form aforesaid above
assigned, and to assess the damages sustained there-
by, let a jury thereupon come before our lord the
Tiing at Westminster , on next after by
whom, 5fc. and who neither, Uc. because as well,
£Cr. the same day is given to the parties aforesaid,
at the same place. <
Sugijestion of
the death uf
OQC uf tlie
pluiutifl's, af-
to wit. C. D. was attached (or summoned)
to answer A. B. and E. F. of a plea of trespass on
the case, 5Cf. (or as the plea is) j and thereupon the
ofVhL'^yl.-?'^"'^ said ^/. /?. by his attorney, conies and gives
the court here to understand and be informed, that
- - '. since
of the ungi
aal writ, and
bcfor«' decla-
rutiou.
*
N ,
UiVTi, ^ . •
•luce the suing out of the original writ in this came,
and before this day, to wit, on — — the said £. F.
^xtii^ to wit, at and the said A.B. there sur-
vived him ; which the said C. D. does not deny,
but admits the same to be tnie : and hereupon the
laid A. B. by his attorney aforesaid complains, that
Whereas, (Kc.)
1»^
Chap.
XXXI.
And the said C. /). and E. F. by thc^lr attor- (§ J-'-)
Jiey, come and defend the wrong and injury when, J,t^i|;aH,of
Kf. and pray leave to imparl to the said declaration ""« i^' i'»« •^'^-
until next after , (or by original^ until tween dc'ciar*.
wheresoever, f<V.) and it is granted to them, *'"''"'**'**'*'*'
Kc. the same day is given to the said A. B. at the
same place : At which day, befofe our said lord the
king at Westminster., come as well the said A.B. by
his attorney aforesaid, as the s^id C. 1). by his at-
torney aforesaid ; and the said E. F. comes not :
And hereupon the said C. D. gives the court here
to understand and be informed, that after the last
Continuance of tlie plea aforesaid, and before this
day, to wit, on at the said E. F. died)
and the said C. D. survived him ; which allegation
the said A.B. doth not deny, but admits the same
to be true : Therefore let all further proceedings
in this cause against the said E^F. be stayed.
And the said C. D. defends the wrong and injury
when, &l^c. (here copy the plea of the surviving de-
fendant, and go on with the proceedings against i
him only.)
( After the end of the defendant's plea, proceed as (§ ^ 3.)
follo^vs] : And Uie sa^d A. B. and E. F. (plaintiffs) f/S^^J^
O 2 pray ofi«i<ji^he
I
\ 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^ (^<t■) but ad<
mits thu ianiu to be true, ir is giaiitod to them,
&sc. : Therefore it is coinniandect to the said iw.H
the said other sheriif of the city uf London afore-
said, that he cause to come, Kc. {antCf p. 18i).}
^nd hereupon the siiid anitcd company say, that
Chaf.
XXXI.
(5 15.)
tuti
of venirt
uthvr.
X.. t\ and G. 11. cs(|uires are sheriHs of the city of tiu^L»/Ti"n,/iii
London; and that the said E.t\ one of tlie said V""^"!?"', .
sheriffs, in his own ri^ht, is proprietor of and inte- «/«it:ur th.
, . , , . ^ . • . 1 niifiiif* it in-
rested m a share ana proportion ot the prtiK'ipm tt r^Mtni an »
stock of the jaid united company, to tlic value of J't'^^,[ "„",',, '''^
/.and is a member of the said united compan^ »«»
and this the said united company arc ready to verify ;
and for this cause, the said united company pray a
writ, to be directed to the said G. li. esquire, tlie
other sheriff of the said city of Zom/o/2, to cause to
come twelve, Hie. to try the said issue (or issues)
above joined between the parties aforesaid : and
because the said C. D, doth not deny the aforesaid
allegation of the said united company, but admits
the same to be true, it is granted to them, &('. ;
Therefore it is commanded to the said G. H. the
fiaid other sheriff of the city of I^ondon aforesaid,
that he causie to come, ^c. {ante, p. 189.) . .
And because it is suggested to the court of our (^ "'-^
lord the king now here, that the said A. B. (the ihia the°"
plaintiff) is sheriff of aforesaid ; it is therefore »*»«'''<'■ '^ »
, . , P'»rty, and
commanded to the coroner of the said county of award of venht
^11 ^ z- , A ,r,^\ to the cojo-
— — -, that he cause to come, i<f. [antey p. 189.) ner.
-It) t"> '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<V.
The like entry is used upon an issue of mil tiel
record, where it is not determined the same term.
Unless the defendant receives this paper-book,
and returns the same on the — day of
(§27,)
to be '^"'^ *° return
papier-book.
enrolled,
20^
IltUEl*
Chap, enrolled, let a writ be niade (if the ji^igmcnt wcwld
XXXI. be interlocutory ; or if final, "let a rule be en-
" tered").
., 'hJ'Jj^rK ••;•'♦>; *^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<r. the sam«
day is given to the parties aforesaid at the same
place. . ' ^
(After the award t^xhtvcnirefacias^ or continuance
by vicecomes non misit hrevCy proceed as follows : )
Before which day, to wit, on the said E.»F.
for G. H.) died, to wit, at and the said A.B.
(or C. D. ) there survived him : And now at this day,
before our said lord the king at Westminster^ come
as well the said as the said (the Si^rvivors)
by their respective attomics aforesaid ; and the
sheriiF 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, 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<r.)
•I t '
1 1
[ 213 i
CHAP. XXXV.
Of the Record of Nisi Prius, Jury, Evidence,
and Witnesses.
A LEAS before our lord the king at Westminster ^ (§ '•)
of term (the terra in which issue is joined), in p^""** *•' "'"
the year of the reign of our sovereign lord
George the Third, by the grace of God, of the
united kingdom of Great Britaiii and Ireland king,
defender of the faith, and in the year of our Lord
IS—.
Roll . Way.
to wit. (Here copy the issue, beginning
with the jnemorandiim by bill, and the declara-
tion by original ; and then proceed as follows) :
Pleas before our lord the king at Westir inster^ of Secoud /» /acj/a.
— ■■ — term (th? term in or after which the cause is
tried), in the year of the reign, ^c. (as be-
fore).
to wit. The jury between A. B. by his at- Jurata.
torney plaintiff, and CD. (inserting his addition by
original) defendant, of a plea of trespass on the case,
(or as the action is,) is respited before our lord the
king at Westminster, until next after — (the
P 1. return
%
216
Chap.
XXXV.
Sciendum.
RECORD OF NISI PRIU8.
return of the distringas, or by original until -
wheresoever, S(c.) unless the right honourable Ed-,
•wardLord Ellenborough, his majesty's chief-justice
assigned to hold pleas in the court of our said lord
the king before the king himself, shall first come on
the day of (the day of trial), at the
Guildhall of the city of London, (or if in Middlesex,
at Westminster-hall in the county of Middlesex ^ or
if in the K'ountry, *' unless his majesty's justices
assigned to take the assizes in and for the county of
shall first come on (the commission-day
of the assizes) at (the place where the assizes
are holden) in the said county,") according to the
form of the statute in such case made and provided,
for default of the jurors, because none of them did
appear : Therefore let the sheriff have the bodies
of the said jurors, to make the said jury between
the parties aforesaid, of the plea aforesaid, accord-
ingly ; the same day is given to the parties afore-
said at the same place.
(At the assizes, the jurata concludes as follows :)
And be it known, that the king's writ on record was
delivered to the under-sheriff of the said county, on
. the day of in this same term, (the
last day of the term preceding the trial,) before our
lord the king at JVcsiminster, to be executed ac-
cording to law, at his peril.
In counties-palatine, there is no second placita,
Jurata, or sciendum ; but the record of nisi prius
ends with the award of the mittimus.
Geors^e
JURY-PKOCESS.
217
, George tlie Third, ( Kc. ) To the sheriff (or coro- Chap.
Der) of (or to and elisors duly ap- XXXV.
pointed in this hehalf) greeting : We command (^ 2.)
3^ou, that you cause to come before us at IVestmiiu *""■'/*'""'■
ster, on next after (or by original, on
wheresoever we shall then be in England i making
the writ by bill returnable on a particular return-
day , or by original, on a general return-day, before
the trial ; and if in a country cause, on the last par-
ticular or general return-day of the tenn;) twelve
free and lawful men of the body of your county,
each of whom has ten pounds a-year at the least of > •
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<r. (as in a common venire).
(§ 6-)
JDittringas.
;**./
George the Third, (&V.) To the sheriff of -
greeting : We command you, that you distrain the
several persons named in the panel hereunto an-
nexed, (or if it be a special jury, " that you dis-
train. E. F. of G. IF. of " naming them as
ii: the Master's list,) jurors sir.nmoned in oiir court
before us, between A. B. plaintiff and C. 1). defen-
dant, by all their lands and chattels in your baili-
wick, so that neither they, nor any one by tliem,
de
JURY-PROCESS.
do lay hands on the same, until v ou shall have
another command from us in that behalf ; and that
you answer to us for the issues of the same, so that
you have their bodies before us at Westminster ^ on
next after (or by on^Z/w/, on where-
soever we shall then be in England ; making the
distringas returnable on the first particular or gene-
ral return-day after the trial,) or before our right
trusty and well-beloved Edward Lord Ellenboroughy
our chief-justice assigned to hold pleas in our court
before us, if he shall first come on the day
of (the day of trial), at the Guildhall of the
city of London aforesaid, (or if in Middlesex, at
Westminster-hall y in the county of Middlesex afore-
said ; or if at the assizes, " before our justices as-
signed to take the assizes in your county, if they
shall first come on (the commission- day of the
assizes) at (the place where the assizes are
holden,) in your said county,") according to the
form of the statute in such case made and provided,
to make a certain jury between the said parties, of
a plea of trespass on the case, (or as the plea is,)
and to hear their judgment thereupon of many de-
faults ; and have there then (or by original, " havr
** there") the names of the jurors, and tliis writ.
Witness Edward Lord Ellenboroughy at Westmin-
ster y the day of (the return-day of the
venire by bill, or quarto die post by original) in the
r year of our reign.
Wai/.
219
Chap.
XXXV.
(After the words, " many defaults'\insert the fol- (§ "^^
\omu^ proviso :) Provided always, tha^two writs thaUy/'V""**.
shaU
■-< ,^
M
H "
'•I!
I!.:
220
Chap.
XXXV.
(§8.)
Rule for a view,
by a common
jury. .
JURY-PROCESS.
shall come to you thereupon, then ynu execute and
return, one of them only ; and have there, (w^'c.) ;<•
C.D.J
It is ordered, that there issue a writ of </m-
tringas jwratoresy to be directed to the
sheriff of the county of in which
shall be contained a clause, commanding the said
sheriff to have six or some greater number of the
jurors, to be impannelled and returned to try tlie
issue between the parties, who shall be mutually
consented to by the said parties or their agents, at
the place in question, before the time of the trial of
the s»id issue, to wit, upon the day of
; and that on the part of the plaintiff,
and on the part of the defendant, shall attend
the same day, and shew the matters in question to
the said six or some greater number ofthe said jurors,
who shall be consented to as aforesaid ; and that the
expence of taking the said view shall be equally
borne by both parties, and no evidence shall be
given on either side at the time of taking thereof :
the plaintiff (or defendant) consenting, that in case
no view shall be had, or if a view shall be had by
any of the jurors, whether they shall happen to be
six or any particular number of the jurors who shall
te so mutually consented to as aforesaid, yet the
said trial shall proceed, and no objection shall be
made on account ther of, or for want of a proper
return to the said writ. Upon the motion of
Nr .
.•■} H
t. JH.
JURY-PnoCESS
221
.4. B. \
c. J), y
It is ordered, that there issue a writ of dis-
tringas JuratoreSy to be directed to the
sheriff of the county of , in which
Ct?ap.
XXXV.
(§9.)
shall be cont;iined a clause, commanding the said gpeaaijury!
sheriff to have six or more of the first twelve of the
jurors to be impannelled and returned to try the
issue between the parties, at the place in question,
before the time of the trial of the said issue, to wit,
upon the day of ; and that -^-^ — on
the part of the plaintiff, and on the part of the
defendant, shall attend the same day, and shew the
matters in question to the said six or more of the
first twelve of the said jurors ; and that the expence
of taking the said view shall be equally borne by
both parties, and no evidence shall be given on
either side at the time of taking thereof : the plain-
tiff (or defendant) consenting, that in case no view
shall be had, or if a view shall be had by any of the
said jurors, wliether they shall happen to be any of
the twelve jurors who shall be first named in the said
writ or not, yet the said trial shall proceed, and no
objection shall be made on account thereof, or for
want of a proper return to the said writ. Upon the
motion of Mr. . -i
•: George the Third, {^c. ) To the sheriff of . (5 lo.)
greeting : We command you, &V. (as in a common where a view i«
distringas, to the words " many defaults," and then c^^n^^^on'jiJy*
as follows ;) and in the mean-time, according to the
form of the statute in such case made and provided,
we command you, that you have six or some greater
number of the said jurors, who shall be nmtually
consented to by the said A. B. and C. D. or theitt
agents.
|,!
222
Chaf.
XXXV.
JURY-PROCESS.
agents, to take a view of the place in question, on
the day of ; and that the same ju-
rors meet on the same day, at the house of in
your county, and proceed from thence to view the
said place, in the presence of on the part of the
plaintiff, and on the part of the defendant, ap-
pointed by our court before us to shew the said place
to such of tlie said jurors as shall come to view the
same ; and in what manner you shall have executed
this our command, make appear to us at Westynin-
ste)',on the said day, (or by original, on the said day
wheresoever, &(c.) and have there then this writ.
Witness, (&V.) ., ., . , ,
C5 11.) ^"^^ ^" ^^^ mean-time, according to the form
The like, I).- a of tile Statute in such case made and provided, we
•pecia jiirj, j^ommand you, tliat you have six or more of the
first twelve of the said jurors, to take a view of the
place in question, on the day of j and
that the same jurors meet, S^c. (as before).
(§12.) George the Third, {Sic.) To our justices of our
Mitiimui to the county-palatine of Lancaster, greeting ; The tenor
couiity-pala- ^ , . . „ .
tiiie of La/ieof- 01 a certain record in our court b6iore us at nest-
*'''• minster, between yl. B. pUtintiff and C. D. defen-
dant, of a plea of trespass on the case (or as the plea
^ ^ is), we send you inclosed in these presents; com-
» ', ^ manding you, that having inspected the same, by
our writ under the seal of our said county-palatine,
you command the sheriff of the same county, that
he cause twelve free and lawful men of the body of
the same county-palatine to come before you, at
your next general session of assize, there to be
hulden
;li .i-
JURY-PROCESS.
223
holJen after this writ shall be delivered to you, ench
of whom having ten pounds a-year at the least, of
lands tenements or rents, by whom the truth of the
matter in question may be the better known and
inquired into, and who are in nowise akin either to
the said A.B. or to the said C. D. to recognize and
make a certain jury of the country betwe-.n the said
parties, of the plea aforesaid, because as well the
said C. D. as the said A. B. between whorti the mat-
ter in variance is, have pat themselves upon that
jury ; and also that you make such furtlier process
against the said jurors, so to be iinpannelled be-
tween the said parties, as is in this behalf used and
commonly made, according to the law and custom
of the said county-palatine, until the issue aforesaid
between the said parties shall be fully tried : And
when the verification and issue aforesaid shall have
been there made and tried before you, then do yovL
send the record of the plaint aforesaid, together
with every thing that shall have been done before
you thereupon, and also this writ, to us at Wtstmin-
sftr, at a certain day which you shall appoint to the
said parties to be in our said court here, to hear
judgment thereupon. Witness Edward Lord EU
hnboroiighy (&c.) , .,y., • , / i,[,.,. .,',:,:
Chap.
XXXV.
(As in the last writ, to these words, " until the (§ m.)
issue aforesaid between the said parties shall be fully '^^^' ''•'^ •** ''^f*
... J ^ ^ a view \i to be
tried, and then proceed as follows;) and that in ii^J.
the writ of habeas corpora juratormn to be issued by
you in this cause, there be contained a clause, com-
manding the sheriff of the said county-palatiue, to *
have six or more of the first twelve jurors, so to be
impan-
fi24
Chap.
XXXV.
JVKY-pnoctss.
impannelled and returned, who shall he muttmlfy
consented to by the said parties or their agoiits, ut
the place in question, before the time of the trial
of the said issue, to wit, on the day of
next ensuing ; and that on the part of the said
A. B. and on the part of the said C. D. shall
attend the same day, and shew the matters in ques-r
tion to the said six or more of the first twelve juror;?,
who shall be consented to as aforesaid : And when
the verification and issue aforesaid shall have been
there made and tried, Kf. (as before).
(§ U.) Georffe the Third, {i(c.) To our chambevlain of
The like, to the our couuty-palatinc of Chester ^ or to his deputy
city of Chulir. , -mi i< • i
there, greeting: 1 he tenor or a certain record,
which is depending in our court before us at IVcsf-
minster, between A.B. plaintifi' and C. />. 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 <Jounty of Middlesex ; or at the assizes,
before our justices assigned to take the assizes in
and for the county of at in the said coun-
ty,) on the day of instant (or next),
by of the clock in the forenoon of the same
day, to testify all and singular those things which
you or either of you know, in a certain cause now
depending in our court before us, 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
plaintiff (or defendant), and on that day to be tried
by a jury of the country ; and this you, or any of
you, shall by no means omit, under the penalty upon
each of you of 100 /. Witness Edward Lord Ellen"
borough y (&c.)
By virtue of a writ of subpoena to you directed,
and herewith shewn unto you, you are personally
to be and appear before ^cfee'ar^/ Lord Ellenboroughy
chief-justice of his majesty*s court of King's Bench,
on the day of instant (or next), by
of the clock in the forenoon of the same day,
at tlie Guildhall, &c. (as in the suhpxna), then and
there to testify the truth according to your know-
ledge, in a certain cause now depending, and there
to be tried, between A.B. plaintiff and CD. de-
fendant, of a plea of trespass on the case (or as the
action is), on the part of the plaintiff (or defendant) ;
and this you are not to omit, under the penalty of
loci /. Dated the day of in the year
oi
WITNESSES.
227
of the reign of out- sovereign lord Georgi: the Third, Chap.
{!(€.) and in the year of our Lord 18—. XXXV.
By theCottrt.
E. F. attorney for plaintiff ^:»;k ■
(or defendant).
George the Third, S^c. (as in a common suhpttnUy (i J*->
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::'
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:.,' ^u-
•'•-•..; jh '■
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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<!li case niado and provided,
comes tlie within-named A. B. by his attorney with-
in-mentioned, and the within-named C. 7^. ahliough ' ^
solcnmly re(jiiired, comes not, but makes detault; '"
therefore let the jurors of the jury, whereof ii><:-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<*<r.)
justices of our said lord the king, assigned to take
the assizes in the county of , according to the
form of the statute, (t^f.)
m\
(^ 5.) AfterxiiardSy tliat is to say, at the next general
TheiikG.iuthe session of assizc liolden at Lancaster^ in and for
tine of Lnnras. the couuty -palatine of Lancaster within-mentioned,
ter.
upon
di
e
day of
in the
year
of the reign of his present majesty king George the
Third, before one of the justices of -our said
lord the king, {isc.) and one of tiie justices of
our said lord the king, (.Sfc. ) justices of our said lord
the king at Lancaster aforesaid, cometh the within-
named yl. B. by his attorney, and prayeth to be
done to him what the law requircth, in order to try
the issue within-joined between him and the within-
' namcvl
; :i ,
POSTEAS.
241
flamed C. D. and whereupon by a writ of our said
lord the king, the sheriff of the said county is com-
manded, that he cause to come before the said jus-
tices here at Lancaster, on next to come, in
the same session of assize, twelve, 5Ct\ by whom, SCc.
and who neither, He. to recognize, S^c. because as
well, ^c. the same day is given to the said parties
here, & f. At whicii day here, come as well the said
A. B. by his attorney aforesaid, as the said C. I), by
. his attorney ; and the sheriff, to wit ,
now returneth before the said justices at La7icasti'r,
the said writ oi venire facias to liim inform aforesaid
directed, together with a panel of the names of the
jurors to the same writ annexed, in all things served
and executed ; and the jurors thereupon impanelled
come not : therefore by another writ of the said lord
the king, the same sheriff of the county aforesaid is
commanded, that he have their bodies before the
said justices at Lancaster y on next to come, in
the same session, &ic. At which day, to wit, on^
in the year of tiie reign, (SCc.) come here as
well the said A. B. as the said C. D. by their re-
spective attornies aforesaid ; and the sheriff return-
eth before the same justices at Lancaster , the same
writ, in all things served and executed ; and there-
upon the jurors impanelled and drawn by ballot, ac-
cording to the form of the statute in such case made
and provided, being called over, likewise come,
who to speak the truth of the matters within-men-
tioned, being elected, tried and sworn, on their
oiith say, {isc.) And hereupon the said justices at
Lancaster aforesaid, have prefixed to Uie said par-
, R ties, '
Chap.
xxxvxr.
rv'-A
:■ '.-.*>
;^>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<; ;:<Hta!u-
ing the within debt, over and above hi "> 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<iges acquitted.
of the said A. B. against the said C. D. on occasion
thereof, over and above his costs and charges by him , ;
about his suit in this behalf expended, to /. and
for those costs and charges to 40 J. And the jurors
aforesaid upon their oath aforesaid further say, that
the said E. F. is not guilty of the several trespasses ~ , ;;^ v ^
within laid to his charge, in manner and form as
the said A. B. hath within complained against him:
Therefore, isc. i« •
For these sect 14)118 J vide post. Chap. XLV.
(§ 23. 4, 5.)
— and the jurors of that jury being summoned (§ 26;)
also come, wlio to speak the truth of the matters ^^.^''"''. '^^fj*
within contained, were chosen tried and sworn j^ ^'rawn.
whereupon for certain causes, moving as well the
said chief-justice (or justices) as the within-named
., plaintiff
I
•1.
\ I •
2S0
POSTEAS.
Pot ten for the
dcfcii(laul> 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, ^<r. (as before, making the writ of in-
,.„ » quiry returnable on a general return-day). '
,,».-.if./jj'.i
I f^ 'ill 1
;. -.^ \Jk\'A
(§ 4.) And the said C. D. in his proper person, comes
^'e^'f'tir^r^ and defends the wrong and injury when, ^c. and
f'judants died the said E.F, comes not: And hereupon the said
A. B.
•'tPV
BY NIL DICIT.
269
A. B. gives the court of our lord the king now here Chap.
to understand and be informed, that after the issuing XXXIX.
of the original writ in this cause, and after the last ^(J,7 "^and"*"
continuance of the plea aforesaid, and before this foro intcrio-
day, to wit, on the said E. F. died, to wit, nl'Jat?"'" ^'
at and the said C. D. there survived him ; ,
which the said C. D. doth not deny : And the said
C. D. says nothing in bar or preclusion, i^c. (as
ijefore).
And the said C. D. in his proper person, comes ^§ ^-^
and defends the wrong and injury when, &'c. and award'ofh'"
savs nothine: in bar or prechision of the said action v^"y '"*",*
J o i coiiiitj-pala-
of the said A. B. whereby the said A. B, remains tiae.
therein undefended against the said CD. where-
fore the said A. B. ought to recover against the said
C. D. his damages on occasion of the premises:
But because it is unknown to the court of our said
lord the king now here, what damages the said J. B.
hath sustained by means of the premises aforesaid ;
it is commanded to the chancellor of the said
county-palatine oi Lancaster, that by the writ of our
said lord the king, under the seal of the said county-
palatine to be duly made, and directed to the sheriti'
of the said county-palatine, he conunand the said
sheriff, that by the oath of twelve good and lawful
men of his bailiwick, he diligently inquire what
damages the said A. B. hath sustained, as well by
means of the premises, as for his costs and charges
by him about his suit in this behalf expended; and
that the inquisition which tlte said sheriff shall there-
upon take, he make known to the said chancellor,
under his seal, and the seals of those by whose oath
S4 he
•'I
11
,1
t .1
I ll ,5
I' ir Ini
r f
!;!t::|
264'
Chap.
XXXIX.
JUDGMENTS FOR THE PLAlNTrFF
he shall take tliiit: inquisition, tfyiretlur with tlin
names of the persons by whose oatli he sliall take
the same; sf" that the said chancellor may certify the
same to our said lord the king at IVestminsteVy on
next after tojrether with the name of
tiie said sheriff, and the writ of oiir said lord the
kinp; to the said chancellor in that behalf directed;
the same day is given to the said .-/. B. at the same
place: At which da}', before our said lord the kinjr
at Westminster . comes the said A. B. by hiii said at
tovney ; and the said clianccllor now here cerfiiies a
certam inquisition indented, taken before tli" said
sherif!', at in the said oounty, on the -^ day
of in the —
— year of the reign "f our said
lord the now king, by the oath of twelve good and
lanfal men of the said sheriff's bailiu ick ; by which
ii i found, ^*sc. (as before, p. 261.)
(§ e-)
(As before, p. 259, S^'c. to the end of the sheriff's
'I'helike, with , -^ i- • • j ^i /• n ,
a rnnithiuroi vctum on the writ ol mquiry, and then as follows:)
pnr. ■^fth^du- ^^ hereupon the said A. B. fret ly here in court
luauos, alitor i •'
th. r.turn of veinits to ti)e said C, J), the sum of 1. pari;el of
iJic iiKjuiry. i. J 1 r • 1 I 1
the damages costs and charges atoresaid, by the
said inquisition in form aforesaid found ; and prays
iudiiment for tlie residue of those daniajjes costs
- and charges, together with his further costs and
charges by him about his suit in this behalf ex-
pended: Therefore it is considered, that the said
A. B. do recover against the said C. D. the sum of
/. residue of the damages costs and charges
aforesaid, by the said inquisition above found, and
also . L for his further costs and charg(vs afore-
said, by the court of our said lord the king now
herq
Judpnient
sijjncd, {&c.)
hi
m(^
BY Nil/ DIGIT.
<6f
the sheriff's
us follows •- )
eve in court
-/, parcel ot
aid, by the
; and prays
mages costs
n- costs and
} behalf tx-
hat the said
I. the sum of
and charges
e found, and
harges aforc-
he king now
herQ
lieri' adjudged of incrT»a«fe to the said J. B. and with Chap.
his assent ; which said residue of tliC damages Colts X^PCIX.
and chii ges by the said inquisition above found,
together with the said further costi and charges so
adju Iged of increase, amount in the whole to 1.
And the said C. D. in mercy, S(c. And '" e said M"cr,
C. i). be acquitted of the said sum of '^^» .
id', so remitted by the said A. B. as afoi air t
' . v.. . ^ .^. ■
(To the end of the award of the inquiry, and tiien ^^ ''•^
as follows:) At which day, before our said lord the a suggestion of
ixingnt Jf'cstmimUr, conies the said J.B. by his at- J,''^. f,f '*/,!). ^^
tornev aforesaid ; and the sheriff, isc. (as before, piaiiitifiH, at
, 1 ,. 1 ■ • • • \ 11 -J ""- '"turn of
p. 261. to the end ot the inquisition;) and the said theimiuiry.
X''. /''. at the same day, being solemnly demanded,
conies not: And hereupon the said A. B. gives the
court of our said lord the king now here to under-
stand and be inform d, that since tiie last continu-
ance of this plea, and before this day, to wit, on
the said E. F, died, to wit, at
and 'he
eaid y/. i?. there survived him ; and because tliih is • •*
not denied, therefore let no further proceedings be
hud at the suit of the said E.F. ; and upon this the
*iaid A. B. prays judgment against the said C>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)
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^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<es, by the court of our sai4
lord th« king new here 9(yudg«d of increase to the
$aid wtf . ii. 9iid with hifi assent ; which said damages
costs And charge^ in the whole amount to 1, to
.be Ij^vied of the goods and chattels which were of
the said £>. 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<j
The said C D. in person, {or if he Sn,!:?^;:*'^**
the <ifclar%-
appeared by attorney ; " The said C D. puts in his tiou.
place G.II. his attorney,") at the suit of the said
A. B. in the plea aforesaid^
tp wit. Be it remembered y that on
next after in this same term, before our lor«l
the king at Westminster, comes A. B. by E. F, his
attorney, and brings into the court of our s?id lord
the king before the king himself now here, his cer-
tain bill against C D. being in the custody of the
marshal of the marshalsea of our said lord the kintr
before the king liimself, of a plea of debt; and
there are pledges for the prosecution thereof, to
wit,
I?6S
\ \'
JUDGMENTS FOR THE fLAlNTIFF
Chap. wit, John Doe and Richard Roe\ which said bill
♦*^^*X, follows in these words, that is to say : to wit.
/i. B. complains of C. D. being iii tiie custody of
the marshal of the marshalsea of our lord the now
.king before the king himself, of a plea that he ren-
der to the said y/. 5. the sum of 1, of lawful
s. money of Great Britain^ which he owes to and un-
V ' "^ justly detains from him ; for that whereas the said
C. /). on the day of in the year of our
\ Lord 18 — at , had borrowed of the said A. B.
the said sum of ^ /. above demanded, to be paid
/ to the said J. B. when he the said C. D. should be
thereto afterwards requested : Yet the paid C. J).
(although often requested, isc. ) hath not as yet paid
the said sum of /. above demanded, or any pajrt
thereof, to the said A. B. but to pay the same or
any part thereof to the said A. B. he the said
C i). hath hitherto wholly refused, and still doth
? refuse ; to the damage of the said A. B. o^ 10/. and
' * tI.2rcfore he brings his s»uit, isc.
Judgment
signed, (*fcc.)
, And the said C. D. in his prop «rson (or by
G.If. his attornejOj comes and detcnds the wrong
and injury wlieu, tVr, and says nothing in bar or
preclusion of the said ac'ion of the said yl. B.
whereby the said A. B. remains therein undei^nded
against the said C. D. Therefore it is consicrered,
that the said A. B. do recover against the said CD.
his said debt, .lud also $. for his damages whicJi.
he hath sustained, as well on occasion of the de-
taining the ,said debt, as for his costs and charges
by him about his suit in this behalf expended, by
■,M
u, I
tl»C
I
• TOT-: BY NIL DIClt. ' ;V-r '^
2$9
the court of our said lord the king now here ad- Chap.
judged to the said J. B, and with liis assent : And XXXIX.
die said C. D. in mercy, SCc.^, _ , ,,.,,.,, ^^'-^y-
(Entry of warrants of attorney and memorandum (§ n.)'
as in the last; declaration as follows;) ^l ..•.,'* L*if»']i!l*I '"^j
to wit. A.B. complains of C. D. being in
the custody of the marshal of the niarshalsea of our
lord the now king before the king himself, of a plea
that he render to the said A. B. the sum of /. of
good and lawful money of Great Britainy which
lie owes to and unjustly detains from him ; for that
whereas the said CD. on the day of in
the year of our Lord 18 — at by his certain
writing obligatory sealed with the seal of the said
C. D. and now shewn to the .court of our said lord
the king before the king himself here, the date
whereof is the same day and year aforesaid, acknow-
ledged himself to be I^eld and firmly bound unto,
the said yi.B. in the said sum of /. above de-.
manded, to be paid to the said A. B. when he the,
said C. /). should be thereto afterwards requested:
Vet the said C. D. (although often requested, isc.)
hath not as yet paid the said sum of /. above,
demanded, or any part thereof, to the sdcidiA.B.,
but to pay the same or any, part thereof to the said
A. B. he the said C. D. hath hitherto wholly refused,
and still doth refuse ; to the damage of the said A. B.
of /. and therefore he brings his suit, i^c.
And the. said CD. in his proper person, (or by
G.H. his attorney,) comes and defends the wrong,
and injury when, &"c. and says nothing in bar or
preclusion, £<'6-. (as in the last). , ^^ -.^ici -^. h
' '^ ' (After '''
V
270
.tUDOMENtS FOR tHE PtAINtlFF
Ct»A1».
XXXIX.
(§ 1-2.)
Siili^f^stioii of
(Af^et the entry of the judgment, proceed as
follows:) - r- . - .. .,,-.. ,
And hereupon the said A* B. according to the
hreaohtis in form of the Statute in such case made and^provided,
am-r judgment says that the said writing obligatory, whereon the
tiu;ttnt!*8'&9 "^'^ judgment was so recovered against the said
w. HI. f. II. C. D. as aforesaid, was made and given by him the
of inquiry and said C. />. 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, <Sf. ^
Chap.
XXXIX.
f?!
■>:\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<!Z (Kntvy of warrants of attorney and viemoranduniy,
nfmetdamna, ^c. aS bcforc, p. 259, 60.)
In nssii'iipsit by * « / --,(
bill, of the ^jjj tijtj said C. J), by G. If. his attorney, come*
same term with .11 i.. , ■
the deciara- and detends the wrong and mjury when. Sic. and
says that he cannot deny the action of the said
A. B. nor but that he the said C. D. did under-
take and promise, in inanQer and form as the said
A,B.
tion.
BY CONrr.SliION.
817
Chap.
XXXIX.
-Y. li. litttli above thrrcof complainrd nguinst )iim ;
nor but that the said //. //. huth sustained ti^N
iiiafTcs on occasion of the not performing of tht
Mtid several prouiiscs and undertakings in the said
d»'cInration mentioned, to /. as by the said
(lochuation is above supposed: And hereupon thd
ftnid J, D. prays judgment, and hiidamngcs so ac«
ktiowledged, t(>}>;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<c.
And now at this day, that is to say, on
next after iu this same term, until which day
the said C. D. had leave to imparl to the said bill,
and then to answer the same, SCc. before our said lord
the king at Westmimte)\ come as well the said A. B.
as the said C. D. by their respective attornies afore-
said; and the said C D. defends the wrong and in-
jury when, y^c. and says that he cannot deny the
action of the said A. B. nor but that ho the said
C. />. 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<l A. B.
inasmuch as he cannot deny the several, matters
above pleaded by the said C. D. and E. F. respec-
tively, but admits the same to be true, prays judg-
ment, and 1hj» debt aforesaid, together with his dtf-
niagr**
"T> '■<•
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<orii tt>».
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 </<?*/; ** Therefore it is con-
sidered, &V as before, p. 268, 9.)
(To the end of the issue and demurrer-book, and
then as follows:) At which day, before our.said lord
the king at Wcstmimter^ come the parties aforesaid,
by their attornieis aforesaid ; and the sherifli} have not
sent the v<rrit of oUr said lord the king to them in
that behalf directed, nor have they done any thing
thereupon : Therefore Ai well to try the said issue
kbove jdined between tlie said pai ties, to be tried
by the coiintry, as to inquire of and assess the
damages by reason of the detention of the said
debt in the said first count mentioned, in casejudg-
tnent shall be given for the said A. B. as to the
premises whereon the said parties have above put
themselves upon the judgment of the court, let d
jury, as before, thereupon come before our said
lord the king it Westminster, on next after
by whom, fi(c. and who neither, H^c. to re-
cognize, 6Cc. because as well, ^c. ; the same day
is given to the, parties aforesaid at the same place.
And because the court here are not yet advised
what judgment to give in the premises, whereon the
said parties have put themselves upon the judgment
The like, after'
continuances,
on demurrer
to one count
of a declanu
tion in dtbt^
arid award of
venire, \oXrf
the issue on
other ceuntSy
and auess A-,
magas on the
first, with ari
URica taxutio.
290 .1UDCMENTS FOR TUT PLAINTIFF
CriAP. of the court, n (l«y i» given to the Maid partictf,
•XXXIX. before our sui<l lord the king at Wcstminstery on
- the suiil lU'Nt after ' to hear the juCgmcnt
of the. said court tlierenpon; for that the said court
here is not yet advised tliereof, S("r. At which day,
hefore otir said lord the king at Wcshuinster^ com*;
the parties aforesaid, by their attornies aforesaid;
and the sheriff's have not sent the writ of our said
lord the king to them in that behalf directed, nor
have they done any thing thereupon: And iiereupon
all and singular the premises, whereof the said | ar-
ties have put themselves on the judgment of tl»o
court, being seen, and by the court here fully un-
derstood, and mature deliberation being tiinreupon
had, it appears to the said court here, that the
said tirst count of the said declaration, and the mat-
ters therein coSttained, in manner and form as the
same arc above stated and set forth, arc sufficient
in law for the sitid A. B. to have and maintain his
!■ aforesaid action thereof against the said C. D.
/ ■ , Therefore it is tonsidercd, that the said A. B. do
recover against the said C. 1). his said debt of
/. in the said first count of the said declaration
. s mentioned, together with his damages by him sus-
i tained on occasion of the detention thereof, i^c. :
' ^ But because it is unknown by the court here, what
'. damages the said A. B. hath sustained by reason
; . * ' thereof; and bt^cause it is conver-'t^jit iMid ueccssary
• * . , that there be but one taxation «>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,i^i-
'v'.'m
Morcy,
(To the end of \}aR posted.) And upon this the (§*i)
said A. B. gives the court here to understand and uSS'!/
be informed, that iifter the last continuance of tfic ""*" '^^ ""^ '•'*-
plea aforesaid, and before this day, to wit, on vfKiirt.andins-
the said E. F. died, to wit at and the *"'^J"'^«'^'»-
said C. D. then and there survived him ; which tlie
said C. D. doth not deny, but admits the same to be
true; therefore let all further proceedings in this \
cause against the said E. F. be stayed ; whereupon . . % '!
the said A. B. prays j udgment against the said CD,
of and upon the premises: Therefore it is cwnsi-.
dercd, (6(c) ,^, ,,? .ivft-^rj ; *; ^y >- - , '^^ ,,. . >:^. ,: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<f«";|iri;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. accorclin<T to the form of the
statute h) such case made and provided, was scrvod
with a co[»y of a certain precept called a bill of
Middlesex y (or of u certain writ of our lord the kino;
called a tatitaty or {liias capias^ &c. ) issuing out of the
court of our said lord the king before the king him-.
self, directed to the sheriff of , (if a latifat or
alias capias, &c. ) and returnj.ble before our said lord
the king at JVestwitisfer, on next after in
' term now lust past, to answer ^I. B. in a plea
of trespass ; and tlie said C. D. at the same day ap-
peared by G, II. his attorney, according to the form
of the statute in such case made and provided : And
the said A. B. hath not declared in the said court of
our said lord the kini^ before ths king himself at
Westminster i\{oYe%z\(\ y \>y 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. /•. <V«. ^5.
t(» intitle the
dftfunilMn^ to
th(! plaintiff
rerdVQri \tM
thun thf Kuin
for which the
(l(Ten<l»iit Wu«
held to bail.
?j\6
REGISTERING JUDGMENTS.
Thai*. said ^-Z. B. in this action as aforesaid, from the
XXXIX. amount of his the said C. D.'s said costs so taxed as
aforesaid, havfc his execution against the said yL B.
for the residue of such costs, according to the form *
of the statute aforesaid, He.
•i
In this case, the sum recovered was less than the
amount of the defendants costs : Where it happens
'^ ' ? ' otherwise, tliere is no occasion for the latter part
of the above entry. > :^'.^' '.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,<ii
iii. .; .
318
Chap
XL.
^ * 'i ' \ - ■
■ • *
* " COSTS. •
«evt'rnlly malce oath and say ; and first this depan«nt
E. F, for himself saith, that noticeoflrial was given
ill this cause for the last assizes to be holdcn at
in the county of , and that the same was tried
before a special jury of the said county ; and that h&
did cause subpoenas to be issued out on the part
of the plaintiff, and that G. II. of J. K. of
{Kc. ) were all of them severally subpoenaed on
t?ie part of the plaintiff, and received one shilling
each with their ^ui/xr/w.?: And this deponent further
saitli, that the places of residence of the said G.ll.
and ./. A'. (&c.) are distant from this deponent's re-
sidence miles: And this deponent further saith,
tiiat all the said witnesses were material and -^eccssary
for the said plaintiff; and that he this deponent was
necessaiily absent from his place of residence, in go-
ing to, staying at and returning from the assizes
days, and that his said place of residence is distant
from aforesaid miles, and that he did pay
for conveying himself to and from aforesaid,
and for iiis expences on the road, the sum of /.
And this deponent further saith, that he did pay to
Mr. with his brief and his clerk /. and
to Mr. and his clerk /. (&c.) and also the
following court-fees; to the under-sheriff for return-
ing the distringas , to the marshal for enter-
ing the record —
to the marshal
crver
and to the associate
-, to the
And this
I
deponent A. 3. for himself saith, that the said G.H.
J. K. (&c.) were necessarily absent from their
places of abode, in going to, staying at and re-
turning from the assizes days; and that he fhis
deponent did pay to the said G. //. J^K. (&c.)
for
m
COSTS.
319
for tlit'ir loss of time and chaiic-hire 1, their Chap .
pliiccsof abode being distant iVom — — aforesaid ^*^'
miles.
Sworn, {i(c.)
a'\^
■,ti
■y I
t'"i,'». . X:
,f/,^!;
t*r
•■i^:- . ■•'■;!:
«-■■• i
n.iA ,.'•
th'^i v<!
Iriw-*
'l'. ' » •
'/■ -r
.' f'l -/•
'\-j'f,.
f i'
*
int-
'><•
»\ .'*.•
■ m
■ ' • ■ ■,■.'• ■■Mi :
• ^ - _-. . ,
. ■ -.^4
' - ^■r'i'-^i'i
„ ,,--\:;a --'-^■f,-
CHAP. XLL
:."'■'..- " S'Vj-iJ. '
■
,^>.-.<r?:.<./^-,;
Of Execution.
•* 1 . ,
Fieri far/as in
assumpsit.
Th.' liko, liy
and asTiiiust
surviving part-
acrs.
George the Third, (SCc.) To the sheriff of
greeting : We command you, that of the goods
and chattels of C. D. in your bailiwick, you cause
to be made /. which A. B. lately in our court
before us at Westminster, recovered against him,
for his damages which he had sustained, as well on
occasion 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 D. is convicted, as appears to
us of record : And have that money before us at
IVestminster, on next after , to render to
tlie said A. B. for his damages aforesaid ; and have
there then this writ *. Witness Edward Lord EU
Icn borough at Westminster, iXm day of in
the year of our reign.
Way,
George the Third, [Kc) To the sheriff of
greeting : We command you, that of the goods and
* This and tlif following writs arc drawn, as if the proceedings
were by bill; hut thuy may be easily adapted to proceedings by
orifrinaf, by making them returnable on a general return-day,
wheresoever, S\c. and instead of the words, " have there then this
writ," by saying, '• have there this writ."
chattel?
.7 ■
' EXkCUflON, 6lC.
cKatt^ls of G. H. and J. K. in your bailiwick, you
cause to be made /. which A. B. CD. and
E. F. in the life-time of the said E.F. now de-
ceased, and whom the said A. B. arid C: D. have
survived, lately in our court before us at Westmin-
ster, recovered against them the said G. H. and /. A .
and one /.. M. in his life-time now deceased, and
whom the said G. H. and /. K. hai^e survived, for
their damages which tliey had sustained, as well oil
occasion of the not performing certain promises
and undertakings, then lately made by the said
G.H. J. K. and L. M. to the said A.B. C. D. and
E.F. as for their costs and charges, [Kc.) whereof
the said G. II. J. K. and L. M. are convicted, as
appears to us of record : And have that money, h\c.
(as in the last.)
idi
Chkv,
XL!*
;f-.: .'
George the Third, (&"f. ) To the sheriff of •
(§ 3.)
greeting: We commaud you, that of the goods and The like, for
chattels of C. 1). in your bailiwick, you cause to be administrator,
niade - — I. which J. B, in his life-time lately in JyX'^Sj,
our court before us at /Fw/jM/We^/', recovered against or intestatie.
him, for his damages which he had sustained, (i^f.)
whereof the said CD. is convicted, as appears, - v
to us of record : And whereupon it is considered iri
our said Court before us, that Ei F. executor of the
last will and testament of the said A. B. deceased,
(or administrator of all and singular the goods, chat- •
tels and credits, which were of the said A.B. de-
ceased at the time of his death, who died intestate,)
liave execution against the s:iid C D. for the da-
mages aforesaid, according to the force, form and
•'ffect of the said recovery, by the default of the
Maid C. D. as also appears to us of rcfcord : And
Y . har^
322
Chap.
XLI.
EXECUTION
bq.ve that money before us at Westminster y on ■
next after to render to the said E. F. execu-
tor (or administrator) aa aforesaid, for the damages
aforesaid j and have there then this writ. Witnoss,
{h 4.) George the Third, (&iV.) To the sheriff of
The like, upon rrrcetinjj : We command you, that of the goods and
an t\(!i!iiior or chattels 01 L. D. m your bailiwick, you cause to be
aUnmu,tr:itor. ^^^,^^^ ^ ^^j^-^j^ j ^ executor of the last will
and testament of E. F. deceased, (or administrator
of all and singular the goods, chattels and credits
which were of E. F. deceased at the time of his
death, who died intestate,) lately in our court be-
fore lis at JFestminster, recovered against him, (&V.)
whereof the said CD. is convicted, as appears to
us of record : And have that money, &(c. (as in the
last). . . , ,
"M
V
W !■
^t,
(§ A.)
The liku,
aj^ainst ancxo-
cutor or admi-
nistrator, on u
judt;iiiont
ai>;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<? said A.B. /. which in our
said court before us were adjudged to the said
J. B. according to the form of the statute in .sucl»
case made and provided, for his costs and charges
by him laid out in and about the prosec^ition of
our writ of scire fucias, for having execution upon
the said first-mentioned judgment, for the d«bt and
damages aforesaid : And hare there then this writ.
Witness, (6Cf.)
Afterwards, to wit, on the
day of ■
in
(5 2*)
Fnfry of,/;<Ti xh\^ same term, the said A. B. comes here into court
far fit on the
roll, and a,«ard by his attorney aforesaid, and prays the writ of the
lord the king of fieri facias, to be directed to the
sheriff of , commanding him that of the goods
and chattels of the said C. I), in his bailiwick, he
cause to be made the damages (or debt and damages)
aforesaid ; and it is granted to him, returnable be-
fore the said lord the king at JVesf 777 in sfer, on ^
"^ next after ; the same day is given to the said
A.B. at the .same place : At which day, before the
said lord the king at Weiitmiy}sfer, comes the said
A. B. by Jiis attorney aforesaid ; and the said sheriff
of hath not sent tlie said writ, nor hath he done
any thing tliereupon: Therefore, as before, let
another writ be thereupon made, and directed to the
said sheriff of-^ , commanding him in form afore-
' said; and it is granted, ^iV. returnable before the
said lord the king at JFestminsfer, on next after
— -^ ; the same day is given to the said A. B. at
the same piace.
George
Hi
of in
? into court
writ of the
jcted to the
f the goods
aiUwick, he
id damages)
urnahle be-
(evy on ^
to the said
, before the
nn-s the said
e said sheriff
«ath he done
before, let
rected to the
\ form afore-
; before the
— next after
aid A.B. at
George
BY FIERI FACIAS FOR DErENDANT. 331
George the Third, (cVf.) To the sheriff of Chap.
jrret'ting : We coiiuuaiid you, that of the gouds and XLI.
clmttds of J. B. in your bailiwick, you cause to be <^ "^•>
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 ^""<i '''>'<", ^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, £<V. . •
George the Third, (5sV.) To the right reverend (§ 53.)
father in God by divine pehiiission. lord hislroi) ^'''V'^-'irarijc..
of greeting: Whereas we lately commandedour
slieriff of that he should cause to be niade,-^<*.
(reciting the former writ:) And whereupon our said
sheriff of on that day returned to us at West- ;
mitister, that tiie said C. D. was'a beneficed clerk,
to wit, rector of the rectory and parish church of
in th«j county of and m your diocese, and • .'
had not any goods or chattels in his bailiwick,
whereof lie could cause to be made the said debt
kud damages, or any part thereof: 'I'fu'reforc we • m-
command
1*?.
\\\
!l
i, ' %
si
\ <<^
II
III
i
l\
'^
EXECUTION BV FIERI FACtAS, kf..
t'HA>.
.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
>f<V'
S,*^' .■-'?■•*(:
his bailiwick, whereof he could cause to be made
tiie debt and duniuges aforesaid, or any part thereof;
and that the said C. D. was a beneficed clerk, to
wit, rector of the rectory (or vicar of the vicarage)
and parish church of < in the «aid sherKPs coun-
ty, and within your diocese : And you at that day
returned to us, that by virtue of tlie said writ to
you directed, you had caused to be made of the ec-
clesiastical goods of the said C. J), iu your dioceney
/. parcel of the debt and danmges aforesaid ;
and that the said C. D. had no ecclesiatuicul goods
In your said diocese, whereof the residue of tiic
debt and damages aforesaid, or any part thereof,
could be made : 'I'hcrefore we conunand you, that
of the ecclesiastical goods of the said C. D. in your
diocese, you cause to be made /. residue of the
debt and damages aforesaid ; and that you have that
money before us at Wtstminjtir, ou next after
•■ to render to the said A. li. for the residue of
his debt and damages aforesaid i i4nd have tlierc
then this writ. Witness, (&f.J.
'IV
Chav.
xu.
George tlie Third, (3(f.) To the right reverend (§5S.)
father in God by divine providence, archbishop ^'"'^'I'uk'**
of Canterbiuy, primate of all England^ and metropo- shop, de i>oni$
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 n<oney before us at U Westminster^ on
next after to render to the said A. B. for
his damages (or debt and damages) aforesaid ; and
have there thf^n this writ. Witness, (<SC<:.)
George the Tliird, (SCf.) To the sheriff of
greeting ; Whereas we lately ooinnuinded our sheriff
- oi
ACAINST EXECUTOKS, Sxr. dc boitlS pVOpruS.
of that of th6 goods and chattels, SCc. (r«-
citino- the first writ oi^eri facias de bonis testAtoriSj
&c.) And our said sheriff of at that day re-
turned to us at IVestmrnster aforesaid, that the said
C. D. had no goods or chattels, &V. (reciting the
sheriff's return of nidla bona, for which vide ante,
p. 334.) Wlicreupon on behalf of the said A. B, it
was sufficiently testified ih oUr said court before us»
that the said C.J), had sufficient goods and chattels,
which were of the said /,'. /''. at the time of his death,
in the hands of him the said C. D. to be admini-
stered, in your bailiwick, whereof you might cause
to be made the damages (or debt and datnages)
aforesaid ; and we therefore commanded 3 ou, that
of the goods and chattels, Kc. (reciting the tcstafum
fieri fucks de bmis testator is, &c.) And you at that
day returned to us, &"f. (reciting the return of de-
vastavit, for which vide ante, p. 334.) Therefore
we command you, that of the proper goods and
chattels of the said CD. in your bailiwick, you
cause to be made the damages-(or debt and damage';^
aforesaid ; and have that money, Kc. (as in the last.)
15!
CHAf.
XLL
(? 59.).
Fieri fm-ias
the residue
George the Third, {Kc.) To the sheriff .:
greeting : Whereas by our writ we lately com-
manded you, that of the goods and chattels of C. D. miumpsit.
in your biaiiiwick, you should cause to be made
/. which A. B. then lately in our court before
us at Westminster, had recovered against C. D. for his
dajnages which he had sustained, as well on occasion
of the not performing certain promises and under-
takings, then lately made by the said C. D. to the
jiaid J. B. as for his costs and charges by him about
his
, in
i ■;■
■ i. t't-
11
3.53
EXECUTION
Chap.
XLI,
(5 60)
lie like, in
diebt.
his suit-in that behalf expended; whereof the said
C. D. was convicted, as appeared to us of record;
and that you .should have that money before us at
IVeUminster, on next after , to render to
the said vi. B. for his damages aforesaid: And you
at that day returned to us, that by virtue of the said
writ to you directed, you had caused to be made of
tlie goods and chattels of the said C. D. /,
parcel of the damages aforesaid, which money you
had ready at the day and place in the said writ con-
tained, ashy the sa'd writ you were commanded ;
and that the said C. D. had not any other or more
goods or chatte!«» in year bailiwick, whereof yo;i
could cause to be made the residue of the damages
al'oresaid, or any part thereof: Therefore we coui-
niand you, that of the goods and chattels of the;
sa>d 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/<?'7/a«fl^, and then
as follows) : And our said sheriff of at that
day returned to us, that by virtue of the said writtol
him directed, he had caused to be made of the V
goods and chattels of the said C D. 1, parcel
of the damages (or debt and damages) aforesaid*
which money he had ready before us, at the day and
place in the said writ contained, as by the said writ
he was commanded ; and that the said C D. had
not any other or more goods or chattels in his
builiwick, whereof he could cause to be made the
residue of the damages (or debt and damages) afcre- ..
said, or any part thereof: And because it is suf-*
ficiently test'fied in our said court before us, that
tlie said C. D. hath sufficient goodi and chattels in
I vour bailiwick, whereof you may cause to be mad*
ifheiei>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 <lebt and danrages) afore-
said ; and have there then this writ. Witness, (-SV.)
George the Thm\y (isV.) In- i1k3 sheriff of .
Theiike.whcrc (rreetinGf. Whereas by our writ we lately com-
part had bftn " _ ** , _ "^ "'
— , that of the goods and
part
levied upon a nianded our sheriff of
former sheriff, chattels, S(c. (here racite the firstf eri fa a'as): And
our said sheriff of at that day returnetk to us,
'/ that the said C. J), had not any goods or chattels in
•'- his bailiwick, whereof he could cause to be made
the damages (or debt and damages) ^.foresaid, or any
part thereof : And thereupon, on behalf of the said
^4. B. it was sufficiently testified in our said court
' > 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 sai<l A. B. in his proper
person ; and the sheriff returns, that by virtue of the
writ of the said lord the king to him thereupon di-
rected, he hath taken goods and chattels of the said
C. D. to the value of /. which remain in th^
hands of the said sheriff unsold, for want of buyers,,
where-
BY VENDITIONI EXPONAS, kc.
U9.
viicrt'fore he cannot have the said money before the
!»ai<i loril tbc Jving at Westminster^ on the day afore-
said ; and that tlie said C. J), hath no other goods or
chattti in the bailiwick of the said sheriff, whereof
ln' can cause to be made any more of the money in
the said urit contained : Therefore the Ijcrifl' is
commanded, that he expose to sale ♦' 's and
chattels aforesaid, by him in form a. i ;
and t'li: t he have the n.oney arising frt ie,
bffore the said lord the king at Wcstyninmcit on
next after , to render to the said A. li. &c.
The said slierifl' is also commanded, that of the g;ood8
and chattels of tlie said CI), m his bailiwick, he
cause to be made /. residue of the damage;*
(or debt and damages) aforesaid ; and that he have
that money before the said lord the king at Wcst-
minsfc),, on the day aforesaid, to render to the said
J.B. for his damages aforesaid ; the same day is
given to the said ... B, there, isV.
George i\\ci:\\m\, [Kc.) To the slier iff of -
Chap.
XU.
(§ 67.)
greeting: We command you, that you distrain ^./'. ^f^i^^^^^
late sheriff of vour county, by all his lands and chat- ^ expose to
I • I "i • 1 . -I 1 sale Roods
tels m your bailiwick, so tliat neither he, nor any taken on a>ri
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
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33 WEST MAIN STREET
WEBSTER, N.Y. MS80
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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, (5C<r.)
George the Third, (^c.) To the sheriff of ^
greeting : We command you , that you distrain E. F.
&c. (as in last writ, to the words " issues of the
same," and then as follows :) so that he expose to
sale those goods and chattels which were of C. D.
in your bailiwick, to the value of /. parcel of
a certain debt of /. which A. B. lately in our
court before us at Westminster ^ recovered against
him, and also /. 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 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<iV.)
For an elegit againf;t an h(tr and tcrienanfs, vid^
postf p. 367.
(5 11.) to wit. An inquisition indented, taken at
Inquiuitionon „.,,_ j^ the county of , the day of
in the : year of tlie reign of Qur sovereign lord
'■'■^ , ^<#'" ■ *■*• ;* ■■■-*
,ft'v^ ».*^
George
I
tertenantSj vide
'" BY ELEGIT.
ii/Boi'ge the Third, by the grace of God of the
united kingdom of Great-Britain and Ireland king,
defender of the faith, »nd in the year of our Lord
18—, before me ^shajriff of the county »fore-
said, by virtue of his majesty's writ to me directed,
^nd to this inquisition annexed, by the oath of
'j^.F, {kc.) twelve honest and lawful men of the •
county aforesaid, who being sworn and charged,
say ijipon their oath, that C. D. named in the said
writ to this inquisition annexed, on the day of
taking this inquisition, was possessed of the goods
and chattels followiug, to wit, of the price of
-, Uc. (hejre set out the goods, and thei price or ' ^
value of them,) as of his own proper goods and
chattels ; which sfiid goods and chattels, I the {iaid .
sheriff have claused to be delivered jto the said A. B.
to hold to him the said goods and chattels, as his ,
own proper goods aqd cliatlcts, in part satisfaction
pf his damages (pf d^^bt and damages) in the said
yvnt mentioned : And the jurors aforesaid upon their
oath further say, th^t the said C. D. on the — —
day of in the year of his said majesty*s
reign, being the day op which the judgment in the
said writ specified was given, was seised in his de-
mesne as of fee of and in one messuage, and one
jclose of pasture thereto adjoining, with the appur-
tenances, containing by estimation acres more
9r less, situate lying and being in the parish of —
965
Chap.
in the coi^nty aforesaid, and now or late in the
tenure or occupation of — --, and being of the clear
yearly value of — — /. in all issues, beyond re-
pirii^es; and also pf and in one other close, (Sic)
an^ (if the premises are in mortgage, say) which
^atd premises are subject to a mortgage made
thereof
•«--
364
EXECUTION
Crap. thereof by tlie said C. D. to one E. F. of -, by
XLI. indenture bearing date, (^^.) for the term of
* years, at the yearly rent of one pepper-corn, sub-
jett to redemption, on payment of /. and in-
- ■->- 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 th<i>aid 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.
■<ii t
i
i
Bb2
d?.
tor^e
312
XLI.
(§ 75.)
Iminefliatc ex
tent, for the
king's debt, on
quer.
EXECUTION
George the Thkdy {SCc.) To the sheriff df-.—
greeting: Whereas by judgment of the barons of
our Exchequer at Wcstvuinstery giren on — — we
have lately recovered against C. D. the sum of
a jud^gment of ^- P^ ^awful money of Great Britain, as by the
the Exthe- records of our Exchequer appears : No«r we being
willing to be satisHed the said — — /. so dtt6to us,
with all the speed we can, as is just) do command
you, that you omit not by reason of any Uberty,
but enter the same, and *i,ke the said C. J), by hi»
body, wherever he shall be fou>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<c. ) To th^' chorilT of .
greeting: Whereas//.^, lately in our court bef'oi'e
us at JVeslmmster, by bill without our writ (or by
oriffinal^ by our writ), and by the judgment of tho
name court, recovered against C. I), son and heir ot
£.F. deceased, a certain debt of /. and also
— ■ i. which in our said court before us were a''
judged to the said ^. B. for his damages, {isc ,
whereof the said C, I), is convicted, a' ap)j mvi to
us of record : And afterwards, the said A.Ji. came
into our said court before us, and jniyed to l»c de-
livered to him all the lands and ten montn of the siinl
CD. in your county, which descended to the saij
CD. from the said K.F. his fatiicr in fcr^-simple,
whereof the said C D. on the day of in
the year of our reign, on which day«the said
y/. B. jv hibited his bill (or sued out his original
writ) f )r the debt aforesaid against him, was seised:
Put because it is unknown, what lands and tenements
the said C. D. on the aforesaid day of exhibiting
the bill (or suing out the original writ) aforesaid,
had by hereditary descent from the said E.F. hisi
father; we command you, that by the oath of ho-
nest and lawful men of your bailiwick, you dili-
gently inquire what lands and tenements the sai(l|
C J), on the same daj oi* cxh-'/iting the bill (or j
suing out the original n't) :i" . aid, h: ^y he-
reditary descent from tli j ;.aul A, /'. his father, and
how mucli those lands and tenements are worth hv |
the year, according to the true value of the same,
in all isssues beyond reprises; and when the said
inquisition shall have been by you diligently made,
that without delay you deliver to the said //. B. the
said lands and tenements with the appurtenances,
V ; . • ' , , . • - according
Z'^-.;*:
BY CAHIA8 AD SA PACUHUOJif*
SSa
th-^- ati^riff of —
1 our court before
ut our writ (or by
ic judgment of tht*
/). son and heir of
)f /. and also
Dcfore us were a'"
lis dannages, (i».c ,
:ted, as upix^ars to
le said //.>>'. 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<c.) To the sherifF of
greeting: We command you, that you take C. J5.
M he shall be found in your bailiwick, and him
safely keep, so that you may have his body before
IS at Westminster y on next alter to satisfy
B. of a certain debt of /. which the said
}^'i. B. lately in our court before us at Westminster,
■ecovered against him, and also /. which in our
aid court before us, were adjudged to the said A. B.
r'or ins daniages which he had sustained, as well on
•-•asion of the d'ctention of that debt, as for his
C c costs
(§89,
The liJce,
d»bt.
)
IB
F.*l
■ /
■4ii' i
#■
386
. MV %i ■
EXECUTION
iri (
Pi
jl,
Chap.
XLI.
(^ 90.)
The like, to a
couuty-pala-
tine.
costs and charges by him about hid suit in that be.
half expended ; whereof the said C. D. is convicted,
as appears to us of record ; and have there then thi*
writ. Witness, (SCc.)
In assumpsit or debt by or against surviving part-
ners, or by or against executors or administrators,
and in covenant, case, and trespass, the form of
the writ varies, in like manner a» the Jiei'i/acias ',
for wh'xch vide ante, p. 320, 5Cc. \
Georg't' the Third, (5Cc.) To our chancellor of our I
county -palatine of Lancaster , or to his deputy there, j
greeting: We command you, that by our writ under j
the seal cf our said county-palatine to be duly made,
and directed to the sheriff of oursaid county-palatine,
you command the said sheriff, that he take C. D. if
he shall be found in his bailiwick, and him safcH
keep, so that he may have his body before us at
Westminster^ on next after to satisfy A. 11 >
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, y<m command the said sheriff, that he take
tiiiA'fiaid C. p. if he shall be found in his bailiwick,
.^ . - ami
I. SA.
here then Als writ.
) our chancellor of
•, or to his deputy
our vrrit we lately
rit under the seal of
luly made, and di-
ounty-pajatine , y ou
■, that of the good*
>n 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, i<c. (reciting the return or viiUa return of HuUa
bona testatoris 7icc propria ^ iuxA devastavit, for which ^^^''"^ l),,'*^-^,'!,^)
vide ante, p. 3'i4.) Whereupon we lately coimnand* projyn.t.
ed you, that of the proper goods and chattels, &V.
(reciting the jicri facias de bonis propriis): And you
at that day returned to us, that the said C. D. ha^ v
not any of his own proper goods or chattels in your
bailiwick, whereof you could cause to be made tlie
damages (or debt and damages) aforesaid; There^
fore 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 Westminster, on next after to satisfv • ^
the said A. B. of his damages (or debt and damages)
aforesaid ; and have there then this writ. Witness,
(§ 104.)
6"tw^i' the Third, (SCc.) To the sheriff of
greeting : Whereas we lately commanded our sheriff ad sathfackn-
- that of the goods and chattels, &V. (reciting j''^^. ^'^ » «5mi.
of
' aase.
the fieri faciasde bonis testatoris, &c.): And our said
sheriff of — <- at that d^y reti^rtied to us, that, Kc.
(reciting
M
I.
v.. i
\<A
TijTV-^i
Hi"
ii i
I ii
f •'
I I
* L
806 < EXECUTION BY CA. 5A. » • . • ^:-.
Chap. (reciting the rettirn oimiUa bona testatoris necprcpria^
^I'l- and devastavit, for which vide ante , p. ;i34.) Wijcrc-
upon we lately comnronded our said slicritfof — —
tl)atoi*the proper goods and chattels, SCr. (reciting
thcjievifacids dc bonis propriis) : And our said sheriff
of at that day returned to us, that, S^c. (re-
citing the return oUnuUa bona propria) : Whereu])on
we commanded ou? said sheriff of that he
should take, &V. (reciting the capias ad satis facien.
dum): And our said sheriff of at that day re-
turned to us, that the said C. D. Wa? not found in
bis bailiwick ; whereupon on beh?.!f of the said
" '*■' "'■;. ' j4. B, it is sufficiently testified in our said court be.
fore us, that the said C. D. run? up and down and
secretes himself in your county : Therefore we com-
mand you, that you take the said C. J), if he shall
be found in your bailiwick, and him safely keep, sp
that you may have his bo i •- before us at Westminster,
on next after to satisfy the said A. B.
of his damages (or debt and damages) aforesaid;
und have there then this writ. Witness, (^c)
At which day, before the lord the king at IVest-
minster y comes the said A. B. in his proper person;
and chancellor of our bishoprick of Durham
aforesaid returns, that by virtue of the said writ to
him thereupon directed, he hath commanded the
sheriff of the county of /)//rAr7>H 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"/ <m
for rf.t ft-sidue
ir
ACAIN'ST KXECUtORS AViJ ADMINISTRATOR*.
the hand", and possession of the suid C 1). to bt; ad-
ministered, whicli said goods and chattels the said
C. 1). afterwards, andbet'orc the coming ot'tfa*. said
writ to him, had eloigned, wasted and converted to
his own use; wherefore the suid sheriff could not
cause the said /. for the dnnuu^es aforesaid, or
any part thereof, to be made of the jroods and chat-
tels, which were of the said /.'. /'. deceased, as by
the said writ he was commanded; and the said sht^-
rirt* farther answered the said chancellor, that of tho
pro}>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 hi<i proper person ; and the said chan-
cellor of the bishoprick aforesaid returns, that by
virtue of the said wx'xi to him thereupon directed,
he hath commanded the sheritV of the said county
of Durham^ that the said sheriff should in all things
fully execute that writ; which said sheriff an-
swrrcd him, that the said C. 1). had no goods or
chattels in his bailiwick, whereof he could cause to
be made the said /. or ■ any part thereof:
'I'herefore it is commanded to the chancellor of the
' bisltoprick aforesaid, that by the writ, ^'(!. he catisc
to be commanded, Kc. that the said sheriff' shoulil
take the said C. D. if, ACc. and him safely keep, so
that he might have his body before the said lord the
king at WesiminsUr^ on next after to
j^itisfy the said A. B. of the said /. residue of
the damages aforesaid ; the same day is given to the
said A. B. there, &.c. At^ which day, before the
said lord the king at Westminster^ comes the said
A. B. in his pro[)(.'r person ; and the said chancelloi'
of the bishoprick aforesaid returns, that by virtue.
iCr. he commanded the sheriff, ike, which said slic-
rifl" answered him, that the said C. D. is not found in
l)is bailiwick; whereupon on behalf of the said
td, B. it is testified in our said court here, that thi:
said C. D. runs up and down and secretes himself in
the county of : 'I'hereforc it is commanded to
the sherilf of that he take the said C. D. if.
Sft". and him safely keep, &,V. so that be have, fi((.
on next after to .satisfy the said A. Ji.
of the said /. residue of the damages aforesaid;
At which day, before* the said lord the king at West-
7nuistcr, comes the said A, B. in his proper person ;
and
BY EXIOI FACIAS.
•
and the slwrifV of aforesuicl returns, that thti
vaid C. J), isi' )t founii in lus bailiwick; whereupon
on behalf oi the said J. B. it is sufficiuntly tusti-
ficd in the said court of the said lord the king be-
fore the king iiiniself, that the said C. D. runs up
and down and secretes himself in the county of
-: Therefoie it is comnmnded to the sheritV of
that he take the said C D. if, ^t. and liin*
safely keep, »o that he have, ^V. on next
after to satisfy the sai^ A. B. of the residue
of the damages aforesaid, in form aforesaid \ tiic-
same day is given to the said //. //. there, 6^c'. >i
;
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<XJ(
-^■.
OlAP.
^ - NOTICES, &CJ
tlierc this writ. Witness £dxi!ard Lord Ellenbo^
rOUghy (&C.) ,,.,..; >, 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- <!»{
f
bN THE LORt>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<sfrtj/ in every week, forsi
"■ loiia
Note for pay-
ktent of allow-
aatjc C . J)
lonorable court j for
y be should notU
I acts. .' •
uty bound, will bver
*' CD,
p. 401.
audsaitli, that he this I
;epcr of liis uiajestj s
E r.ertiticatc lieveto an-
21. set and subscribeii
'icatc, is of the propctj
I.
- , ' f * .
audsaith, thathctlii|
of instant, perl
ied A. I>- 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 <la?imm'M), or render himself to the pri oi,
of the niniNhal cf our niarshal«iea hefore us, on that
ocrasion ; as by the record of the said recojrni/uncc,
htill veniainiiiQ, in oiir said court before us at Jl'csi.
7;i/?;.»/r/' aforesaid, more fidly appears: And iil,
lIiou}:;li tfu! said //,//. uflerwards, to wit, in
term, in the year of our reij^n, in onr sniil
court before us at Wcstniinstcv aforesaid, hy l>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<i
pears: And although, 6<V. (as in the former writs).
(§ b.) George tlie Third, (&"r.) To the sheriff of Mid.
Tlic likf, on a (iicscx, jrreetinff : Whereas E. F. of and G.II
taken bciuie a of — -^— Oil -■ the day of in the year
Viomtiic Com- of our Lord 18 — came before the hoaorable .
thuKiuK's'^ one of our justices of the bench, at his chambers in
Ueuwh. Serjeants' -Inn f Chancery-Lane:, London, and ac-
knowledged, and each of them separately did ac.
; \ . . knowledge himself to owe to A. B. the sum of /,
to be levied of their lands and chattels, and of the
lands and chattels of each of them ; which said re-
cognizance, in form aforesaid taken, our said jui»ti:R
afterwards, to wit, on the day of ii)|
•- term, in the year of our reign, delivered
* , with his Ovvn proper hands into our said court of the i
bench, to wit, at Westminster in tlie county of Miil-
dksex, to be enrolled ,n iid the same was then and there, I
before the honorable Sir James Mansfield knight, j
and his brethren, then our iustices of the said bend
enrolled of record in the same court ; as by the record
thereof, remaining in our said court, it manifestly
appears : which said /. the said E. F. and G. 11
bave not, nor hath eithci of them, paid to the said yi.^.
as we are informed by the said A. B. And because |
we are willing that those things which in our said
court are rightly done and acknowledged, should be j
duly carried into excuut ion ; we command you, that
by honest and Uuvful men of your bailiwick, you
make known to the said E. F. and G. 11. that they
be before our justit'os at fl estfninsfer, on to
shew if they have or know, or if either of tliciii|'
hath or kno\vi:th, of any thing to say fur tUemsiilves v
• . ■ - ■ • e? •
■-■««
■ACIAS
said, move firlly a^i
n the former writs).
o the sheriff of Mid-
i^, of— — aiidG.//.
of in the year
i the honorable — -
h, at his chambers ill
e^ London, and ac-
m separately did ac-
.Zf. the sum of 1
d chattels, and of the
icm; which said re-
taken, our said jui)ti:p,
Le day of in I
^our reign, delivered
) our said court of the
in tlie county of iViV-
me was then and there,
nes Mansfield knight,!
cos of the said bencli, %
ourt ; as by tiie record |
court, it maniliistlv
said A', i^. and r;. 7/
11, paid to the said yi. 5.
A. B. And because
ss which in our said
uowledged, should he
■c command you, that
your badiwick, you
"^uiid G.JJ. that they
minsler, on ■ ■ «*
n- if either of tlicmj
to say for tUemsiiUc^
es i
Chap.
XLII.
AGAINST BAIL. 41T
of hiinsclf, that is to say, the sdid E.F. why the
said /. by him in foriri aforesaid acknowledged,
jshoiild not be levied of his lands and chattels, and
the said G. If. why the said /. by him in form
aforesaid acknowledged, should not be levied of hi*
lands and chattels, and rendered to the said A. B.
according to the form of the said recognizance, if it
shall seem expedient for him so to do ; and have
there the names of those by whom you shall so make
known to them, and this writ. Witness Sir Jamea
I Mansfield knight, at Westminster , the day of
— in the year of our reign. ,
George the Third, (iCc.) To the sheriff of Mid- (§ 6.)
dk^- greeting: Whereas J5:. F. of and G./T. '^heiike, on
^ " error from the
of on the day of in the year King's Bench
t- f . • .1 • . 1 /• to the Exche-
lof <na reign, came m their proper persons, before quer-chmuber,
the honorable one of our justices assigned to
iold pleas in our court before us ^ at his chamberjs
In Serjeants-Inn^ Chancery Lane, London, and ac-
^Icording to the form of the statute in such case made
lind provided, acknowledged themselves, and each
■:$i them separately did acknowledge himself, to owe
' tb A. B. the sum of /. of lawful money -of
hrat Britain, to be paid to the said A. B. his exe-
cutors or assigns ; and unless they should so do, the
lid E. F. and G. H. did grant and agree, and
ich of them for himself did grant and agree, that
le said sum of /. should bo made of their and
ich of their lands and chattels, and levied to the ^
se of the said A. B. upon condition nevertheless,
Sciting that the said A. B. lately in our court be-
jre us at Westminster, by bill without our writ,
id by the judgment of the same court, had reco-
E e vered
i
I
;(•
ki
a^
?^^^I'^W^
I:
•i
5l
<> *
'-^^^^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
<q|irt before us at Westminster aforesaid, likewise
appears to us of record ; Nevertheless the said CD.
hath not yet paid to the said A. B. the said damages
and charges, so as aforesaid adjud^'ed upon
said first-mentioned judgment, or the damages
Its andcliarges aforesaid, so awarded as aforesa'.dj
iny part thereof; as on the information of the
A.B. in our said court before us, we have been
jn to understand : Wherefore the said A. B. hath
ibly besought us to provide Inm a proper remedy
lis behiilf ; and we being willing, that what is
[in this behalf should be done, do command you,
Iby good and lawful men of your bailiwick, you
[c known to tlie said E. F. and G. H. that they
E e 3 be
419'
Chap.
XLII.
. 1,
X :,
>
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<i severally acknow.
cording to the force |
jognizance, if it shaui
do; and further to do]
rt before us shall thetij
this behalf ; and 'lavtl
by whom yci shall sol
is writ. Witness Ei\
To the sheriff of i
:.F. of and G. ill
in term, il
came into our court y
eir proper persons, atl
lie statute in such ca^
fledged, Kc. (as in to
of the recognizance)?
' ,1
To the sheriff ol Mi
Ssf. (as in the first wnj
,e command to the six
Bommanded you," an
in the year of«^
.^ethe Third. Witn^
nborough.
lordthe king sent tok
M
tiltcriflr of Middlesex J his writ close in these words, Ciiap.
that is to say : George the third, ^c. (copy the scire XLII.
J'.ifias to the end, and then proceed as follows ): At
which day, before our said lord the king at If^cst-
oninsfer, comes the said ^. B. m his proper person ;
and tivj sheriff, to wit, sheriff of Middlesex
aforesaid, now here returns, that by and
honest and lawful men of his bailiwick, he has given
notice to the said E. F. and G.H. severally to ap- .
pear before our said lord the king, at the day and
ilace in the said writ mentioned, to shew cause as
iy the said writ they are required, and as the said
Sheriff is therein cominanded; and the said E.F.
md G, 11. although on that day solemnly demanded,
jome not, nor doth either of *^ m come, but make
lefault : Therefore it is considered, that the said Judgment
. B. have his execution against the said E. F.z.\(\. '
IL of the damages (or debt and damages) afore-
lid, according to the force, form and effect of the
lid recognizance, by the default of them the said
, F. and G. H. &c.
■^Middlesex, to wit. Our lord the king sent to his (§ 10.)
Hheriff of Middlesex, his writ close in these words. The like, upon
^ ' ' two nthiU re-
lat is to say : George the Third, i^c. (copy the first turned.
)ire facias to the end, and proceed as follows): At
[hich day, before our said lord the king at WesU
linster, came the said A. B. in his proper person ;
id the sheriff, to wit, sheriff, of Middlesex
foresaid, thereupon returned to our said lord the
, that the said E. F and G.If. had not, nor ' ^^
^d either of them any thing in the bailiwick of the . .
Id sheriff, where or by which he could give them
[either of them notice, as by the said writ he was
E e 3 commanded ' ^
i I :m
. - i
j42j2
Chap.
Judgment
sigiiecl,(&_c.)
PROCEEDINGS IN .SCIRE FACFAS '
commanded, nor were they the said F.F. and
G.II. nor was either of them, found in the same;
and the said E. F- and G. 11. came not, nor did
either of them come : Therefore, as before, it was
commanded to the sheriiT, that by honest and lawfnl
men of his bailiwick, he should make known to the
said E. F. and G, II. that they i^hould be before out
said lord the king at Westminster, on next after
(the return of the alias) to shew in form afore-
said, if, i^c. and further, ^f. the same day was
given to the said yl. B. there, Kc, At which day, be
fore our said lord the king at Westminster , come>
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 thesai<l
sum of -^by him in form aforesaid ack nowledged ,
and against the said G. II. of the said sum of 1.
pby him in form aforesaid acknowledged, according , .,
'f to the force, form an d effect of the said recognizance :.
It is also considex-cd by his majesty's court her<j, that
the said A. B. do recover against the said E. /'. and
G. H. /. for his costs and charges by him laid
out about his suit in this behalf, by the court of our
said lord the king now here adjudged to tlie said
A. B. and with his assent : And the said £. F. ami Mercy.
G. //. in mercy, isfc. .\ „! ^ ; V^ ■ - •
T.J
^{; v€v A. B.
- :i\'tf^: -^W^i I'
v>i 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<Ietaultoa
Kin- *'it(iu!>.
; 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//</- (§34.;
^escx, greeting: We command you, that of the "Tlie like, on a
)ods and chattels of E.F. and G. H. the bail of uk^nin thr
D. in your bailiwick, you cause to be made '^'"s^^Ji'-achv
•/. and have thut money before us. at Westmin-
4?2
EXEOUTIftN IN SCtKt FACIA^
Chap:
XLIL
./V
sfsf, on
next after*
to render to A. B. aci
cording to the form and effect of a certain recogni-
zance, by them the said K. F. and G. H. acknow.
Itdg^d ttf the said A: B. fof the said C. D. upon our
certain writ of error, in our said court before us at
IVtsimmster aforesaid' : And whereupon rt is cohsi.
dered in our said court before us, that the said
Ai B. haf e his execution thereupon against the said
E.F. and G.H. by the default of them the said
E.F. and G.H. as appears to us of record; and|
have there this writ; Witness, (&V .)
(§25i) ' George the Th\t A, (,h(c.) To the sheriff" of il/«/,)
Capias nd imt'u- (llcseXy greeting I We command you, that you takej
gainst bail to E. Fi and G. Hi the bail of C. 1). if they be found int
the King"s '" 3^°^^^ bailiwic?!, and them safcl" keep, so that youl
Bencii by bill, may have tlieir bodies before Us at Westminstei , oJ
afterdefaultou •' ^- r ^ n iiJ
— — next alter — — to satisfy A. B. /. vvliiclii
tcirefacias.
the said^. B. lately in our court before us, recovered
against the said CD. for his damages which he haJf'
sustained, as well on occasion of tho not performinjl,
certain promises and undertakings then lately niadd
by, the said C. D. to the said A.B. (or if in debt^^^l
certain debt of /. which A. B. lately in our coiin|
before us at Westminster, recovered against the saidj
Ci D. and also /. which in our same court befort
us were adjudged to the said A.B. for his damageij
which he had sustained, as well on occasion of tfe
detaining of the said debt"), as for his costs
charges by him about his suit in that behalf n|
pended ; whereof the said d D. is convicted, as ap
pears to us of record : And whereupon i£ is consil
dered in our same court l>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, (<SCf.) •■=,''•' J
4J3
Chap.
XLII.
\ ,
(As in the last, to the end of the award of execution, ^§ ^''•^
irithout stating it to be by default, and then as fol- piea to a' ici»c
)ws : ) and also to satisfy the said A. B. L for >'""•
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
<oi;iii/:>iicf'
■i';<i', t'li ii; fliu
Cc?llUK U
(5 29.)
George the Tljird , [Kc. ) To the sheriff of Mii
Th(! like, on a fjlf-gf.'^. pTcetinu- : We command vou? that vou tab
taktii in the E. F. and ^- //. tlie bail of C D. if they be fouii
King's Utiich. . i ■• • i i i /< i i .
in your bailiwick, and them sately keep, so tk
you may have their bodies before us at JVestminskiL
on next after to satisfy A, B. /. wiiit •
the said E. F. and G. li. in our courtbefore us, an. .
cording to the form of the statute made for avoiiir^
ing unnecessary delays of execution, acknpwledgei
themselves to owe to the said A. B. to be paid to tlf
said A. B. his executors or assigns ; whereof tl^
said E. F. and 6'. //. are convicted, as appears ton
of record : And whereupon it is considered in ca|
same court before us, that the said A. B. have hil
cxQcution tliereupon against the said .£,\ F. aiidGJI
S.CIAS, 5<V.
county. Therefore
c the said E. F. and
baiViwick, and them
lave ihei' tjodU' . k-
-. nest after ,to
OX'S !,or debt iiiuv ^. •
tlicic tlK a this vv u.
>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«</, to satisfy A. l\
: form and effect ofaj
; before, p. 4.31.) ">
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<oem expedient for him 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
tliere then the names of those by whom you shall so
make known to him, and this writ. Witness Edtaari
Lord FJlenhorough at Westminster^ the day of I
in the year of our reign. ., , ,,
, . O'.-J ntjl ,': .»•'* *•..'. /tu''i ,.■' •''I
George the Third, {^e.) To the sheriff of — I
greeting: Whereas A. B. lately in our court before
us at Westminster, by bill without our writ, andbj
the judgment of the same court, recovered against!
C Ds a certain <lcbt of /. and also /. whidil
ill the same court were adjudged to thesaid ji. B.k
his damages which he had sustained, as well on oi-
casion of the detention of the said debt, as foi In
costs and charges by him about his suit in that be j,
half expended ; whereof the said C. 1). is convicted,
as appears to us of record : And ijow on the behalij
of the said A. B. in our said court before us, wtl
have been informed, that although judgment kl
thereupon given, yet execution of the debt
damages aforesaid still remains to be made to hiinj
wherefore the said A. B. hath humbly besouglj
us to provide him a proper remedy in this behaltj
And we being willing that what is Justin this belial
should be done, command you, that by honest
lawful men of your bailiwick, you make knowni
thesaid C. /).'that he be before us at Westminster
(f
n
,1
4:57
ro the sheriff of —
tely in our court before i
ithout our writ, and by!
mrt, recovered againJ
f. and also • /• whicii
gedtoihesaid^.ll.foil
tained, as well on ocj
he said debt, as fov m
bout his suit in that be
said C. D- is convicted,!
And i)OW onthebehai
.id court before us,\vJ
although judgment l)f|
ition of the debt anl|
lins to be made to
hath humbly besouglJ
remedy in this behall I
trhatisjustinthisbehal
,ou, that by honest aii|
k, you make known r
on
Chai>.
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<V. (as before, p. 43'>, 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, [i<c.)
rfTAt».
XI, II,
George the Third, f.Vr.) To the sheriff of — - (§ 40.)
greeting: Whereas ./. /.'. Int^-Iy in our court I.efore l^r'^^'li.,"''
US at Westmiustc)', by bill without our writ, and by "-^iV"''-
the judgment of the same conrt, recovtMvd, iS«',
(stating thr judgment); whereof the said (.I), is • •
convicted, as appeiirs to us of record; nnd where-
pon it was afterwards coiisicU'ird in our said court
eforc us, that th(! said //. li. should iiave his exe-
ution against tlie said C i). oflhe dumngcs (or
ebt and damages) aforesaid, according to the force
rm and effect of the said recovery, as also app'.-ars
us of record : And now on the behalf of the said
B. in our said court before us, we have been in-
rmed, tliat although judgment be thereupon giv-
, and execution awarded in form aforesaid, yet
ecution of the damag(>s (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, i<c. (stating tin;
J. B. is convictdj
cord an4 proceediiv^i
ses of error, welattlyl
said court before usj
1 now on the behalf oil
rt before us, we luivel
,p. 435,6. making thel
return-day, wherescj
To the sheriff of — I
,tely in our court c;,
e same court, withoii
nt of tho same couii^
for his damages whkl
>ccasionofthenotperl
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 rci<ru of our saic^
I said lord the king nj
/J. B. by l^'si'H
lie form of the statntJ
Ivided, gives tlie saiiil
be informed, th;tt i
[•(•red against the sail
by virtue of a certainl
in the penal sum oil
day of ill
|d with the se;d oi'
[•t to a certain c(>ii'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
|<lelivery of the said writing obligatory, in hand well
md truly paid to the said C, J), tlie receipt and
[payment whereof he the said C. D. did by the said
Itvritinsr obliontorv admit and acknovvled<>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<s
I
MBi^M'l
i
- «w.'
m\
ti;=
!
i^l
m\
III
i,'i I
mi:
m r
1 ,1 : ;' M\
li ! I'll™!!'
Ill i
446
Chak.
XLII.
^1
VrniTS OF SCIRE FACIAS
iifxt ensuing the day of the date thereof, tlientlie
said obligation was to be void, otherwise to be and
remain in fnll force and virtue: And the said A.B.
also gives his said majesty's court here to understand
and be informed, that the bill of him the said ^/. B.
in the said action, in which he so obtained such
judgment as aforesaid, was exhibited upon the
day of in term, in the year of
the reign of our said lord the king ; and that tlie
said action was brought and conmienced upon and
for certain breaches of the condition of the afore-
said writing obligatory by the said C.I), before]
the exhibiting of the bill aforesaid: But the said
d'l. B. for a further and other breach of thp said
condition of the said writing obligatory, accordiDjI
to the form of the statute in such case made and)
provided, gives his said majesty's court here toun-l
dvTstand and be informed, that after the making o[|
the said writing obligatory, and during the termcf|
his natural life, to wit, on the day of 1)
the year of our Lord 18 — , at aforesaid, a large
for —
-/. the.
.sum of money, to wit, the sum of /.
of the said annuity or yearly sum of —
elapsed, became and was due and owing from th'
said C. 1). to the said A. B. and still is in arn?
and unpaid to him the said //. B. contrary to t!.'
form and effect of the said condition of the sai|
writing obligatory; which said last-mentionel
breach of the said condition so assigned, the sai|
A. B. doth aver and give his said majesty's cour
Iicre to understand and Le informed, is a furtliei
and other breach of the said condition, thaiitkl
said breaches for and by reason of which he ew
taiued the said judgment, so by him recovered
<! (
:e thereof, then tlic
)therwisc to be and
And the said A. B.
•i here to understand
f him the said J.B,
te so ohtained such
exhibited upon the
, in the year of
: king ; and that tk
;ommenced upon and
ndition of the afore-
»e said CD- before
oresaid: But the said
rtjr breach of thp said
obligatory, according,
■n such case made and
ssty's court here to unl
iat after the making o[|
md during the term oij
■^^e day of A
-aforesaid, a large j
lumof -/-for ,
,y sum of i- '^^'''
e and owing from tb
and still is in avr^|
J. B. contrary toti'
A condition of the sail
[, said last-mcntionel
so assigned, tlie saii|
.Is said majesty's con' ■
jinformod, is a fur'
1,1 condition, than
•cason of which he
bv him recovered
ato;
FOR iMATTERS ARISING AFTER JUaGMF.Nt.
•.'fovcsaid : And hereupon the said J. B. accordinix
10 the form of the statute in such case made an. I
provided, prays the writ of our said lord the king
ot'sdn- facias, upon tlie said judguieut so obtained
as aforesaid, against the said C. J), to be directed
to the sherirt' of , suggesting the said further
and other bn-ach ofihe said condition of the said
Hritin;>' 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 } <nr last aforesaid, the said A. B. noit
brings here into court,) by which said articles of
agreement, reciting, (5Cr.)it is witnessed, 6<'f. (scttiii"!
forth so much of the articles, as is necessary for as-
signing the further breaches) : And the said A.B\
also gives our said court here to understand an''
be informed, that the bill of him the said A. B. n
the said action, in which he so obtained such jiid.
ment as aforesaid, v/as exhibited upon the day
of in the year of our Lord 18 — , and thattlit
said action was brought and commenced upon iin ,
for a certain breach of the aforesaid articles of aj]fi(L «
ment by the said C. D. before the exhibiting of tliej
bill aforesaid: But the said A. B. for further aiii
other breaches of the said articles of agreementj
according to the fo-ni of the statute in sucii caal
made and provided, gives our said court here to iiiij
derstand and be informed, ^c. (assigning the tiirJ
thcr breaches) : which said several breaches ot tla
said articles of agreeiaeot so assigned; the said A- \
ClAi
iid A. B. by E. r.
[ court before us at
rding tothe form of
t provided, gives tlio
\ and be informed,
ovcrcd us aforesaid,
of -/, raentioiK'i
, made the chy
,rd 18—, to wit, at
\)y the name and ad-
;, and the said C. 1).
) of the other part,
i of agreement, scaled
n. and bearing date
d, thesaid J. 5-no^'
which said articles oi
, witnessed, i^'f.(sctun»
[ as is necessary for a^.
And the said JJ.\
•ve to understand ami"
limthe said A. BM
so obtained such jud: '
,ted upon the -t^
ordlS— , and that tk
. commenced upon an
,resaid articles of agieel
re the exhibiting of tkl
J. B. for further aiil
articles of agreenieniJ
le statute in suchcas«|
,r said court here to
^•c. (assigning the fiitj
several breaches ot'tl^
assigned, the said /^'
toR MATTERS ARISING AFTER JUDGMENT.
iloili aver and give our said court here to understand
and be informed, are further and other breaches
tlian tile breaches for and by reason of ^vhich ho ob-
tained the said judgment so by liini recovered ad
aforesaid; and for which said further and other
breaches, he hath humbly besought us to provide
liini a proper remedy : And we being willing, &"f.
{•Ci'Am\\\e\^iti mutatis mutandis.) - ■
45k
Chap.
XLIL
— Tliolikc.intlie
Wliereas A. B. our d<^btor heretofore, to d.^ht on mi :»n-
Geor^e the Third, {^c.) To the sheriff of
greeting
rit, in term, in the year of our reign, "^'..'^romlcc'*^"
our court before the barons of our exchequer at »">«/«'«*•
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<?AY;«/Vw/tv aforesaid, manifestly appears; And
jrwards at this day, to wit, on the — —
of in th( year of our reign, the said
J|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<c\) To th ,. ' "
greeting: Whereas by our writ we mand-
ed you, that of the goods and chatty. > 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
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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"*"'* «" *<i«^«'
.1 . 1 /.I , . nistrator. on a
tue judgment or the same co^urt, recoviered agam^ judgment of as.
:. D, exeputor of the last ^yiU and testament of E. F. iXZ""" ""
iecea8ed„.(9r ^' admiuistratQif of all and si^ylar the
joods .cha^j^^s and credits, which were, ^£ th§ ^ald
.F. deceastjd at the time of his dea^h, iwljio died
itestate'g) ^^7— A for his damages, Sfc, (-pr, a certain .
Jebt of — <r/.) to be levied of the coeds and chat-
els which w^re of the' said E. F, at the.tim^ of his
ith, and whiph should thereafter coipe^o the hands
the said C. D. executor (or administrator) as
G g 4 aforesaid
y
1.
i i
I
4.96
Chap.
{■n IT
- . ^sM\ U:\hi:. ■:•'
-mi^H. 'K. •i-'iii-f
' •• n'» ,'iv!»;(,i<''t
{§ 49.)
Scire faciei
agaiast the fu-
WRtTS or SCIRE FACIAS
aforesaid to be administered ; whereof the said CD,
was convicted, as appears to us of record : And al*
though judgment be thereupon given, yet execution
of the damages (or debt) aforesaid, still remains to
))e made to him ; and after the judgment aforesaid,
in form afoidsaid given, divers goods and chatteli
which were of the said E. F. at the time of his death,
to the value of the damages (or debt) aforesaid and
more, came to and are now in the hands and pos-
session of the said C. D. executor (or administrator) |
as aforesaid to be administered, whereof he may sa- j
tisfy the said A. B. for the damages (or debt) afore-
said, as l>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<l
ed ; and that the said C. D. after the said judgment j
was given inform aforesaid, to wit, on at—
was changed in execution upon the said judgmentj
for the debt and damages aforesaid, and was detained!
in prison on that occasion , until the time of his dis-l
enlarge as hereinafter-mentioned ; and that the saidl
€. J), after the said judgment was given in foral
aforesaid, and after the said CZ). wasso charged inl
execution as aforesaid, to wit, on at : afore-
said, duly o1)tained his certificate under the said last-l
mentioned commission of bankruptcy, so awarded!
and issued against the said C. D, as aforesaid, and!
was thereupon afterwards, to wit, on dischargedl
out of custody on such execution, by virtue oftli«J
*. "
'.,■ ■^
FOR MATTERS ARtSINO APTEft JUDOMENT.
45»
mthen and there deJ
mid act of parliament made and passed in the fifth
year of the reign of his said latfr majesty king George
the second, intitled " An act to prevent the c6m-
mitting of frauds by bankrupts ;" and the estate of
the said CD. hath not at any time hitherto pro.
duced clear, after all charges, sufficient to pay every
creditor under the said last-mentioned commission,
so avtrarded and issued against the said C. D. as afore-
said, fifteen shillings in the pound for their respec-.
tive debts: And whereas also we have further been
informed, that the said CD. is possessed of divers
goods and chattels in your bailiwick, as of his own
proper goods and chattels, which have become the
goods and chattels of the said CD. since the timd
of his obtaining his-'certificate under the said last-
mentioned commission of bankrupt, so awarded and
issued against the said C D. as aforesaid, whereby
the said A. B. may be satisfied his debt and damages
afbresaid ; and the said A. B. hath obtained no ex-
ecution for the said debt or.damages, except as afore-
i said ; whereupon the said A, B. hath besought us to
iprovide him a proper remedy in this behalf: And
^we beinig willing that what is just in this behalf should
ibe done, command you, that by good and lawful
[men ofyour bailiwick, you cause to be made known
[to the said C D. that he be before us at Westminster ,
)n -' — next after to shew if he has or knows
)f any thing to say for himself, why the said A. B.
)ught not to liave his execution against the goods
ind chattels which have become the goods and chat-
tels of the said C D. since the time of his obtaining
lis certificate under the said last-mentioned com-
ussioH of bankrupt, so awarded and issued against
kim as aforesaid, and also against the estate and
^ 1 "..;-- vft;^^v-.";' ,.'-, . pthey
Chap.
;«
-•ir-»X
u
460
WRITS or SCIRE TAC1AS
Other effects of the said CD. (thetooU of trade, (h9
necessary household goods and furniture, and ne.
cessary veaiing apparel of the said C. J), and his
wife »nd children, only excepted,) for the debt and
damages aforesaid, according to the force form aod
effect of the said recovery^ and of the statute in such
case made and provided, if it shall be expedient for
him so to do : and further to do and receive, &ii\ (as
before, p. 435i,6.)
«50.)
SrwjCif /« by
laroo ftud
JKdf^uicnt re>
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<c. ) To the sheriff of -
greeting f Whereas A, B. lately in qur court before
U& at Westminsttr^ by bill without our writ, ^nd by
the judgment ef the same court, recovered jigainst
AFTER BANKRUPTCY. *^^
C. D. (&c. ) whereof the said C. D. \% convicted, aA Cii.vr,
appears to us of record; and afti^rwards, the said ^^V
C. 1). intermarried with and took to husband E. F. '
And now On the behalf of the said J. B. in our said
court before us, we have been informed, that al-
though judgment be thereupon given , yet execution
of the damages (or debt and damages) aforesaid
•till remains to be made to him ; wherefore the said
A. B. hath humbly besought us, fi(c. (as before, p.
435,6.) •
George the Third, (&V.) To the sheriff of — - (§5«.)
greeting : Whereas A. B. lately in our court before ^"jfj]^' ^^
us at JVestminster, by bill without our writ, and by of a bankrupt,
. 1 -1 , . ,,. on a iudttinent
the judgment <Jf the same court, recovered, tic. recoiirei be-
(stating the judgment) ; whereof the said CD. is f^re the bank-
convicted, as appears to us of record; and after-
wards, the said A. B. became bankrupt, within the
I true intent and meaning of the several statutes made
[and then in force concerning bankrupts, or some or
ineofthem; whereupon a certain commission of
^ankrupt, iinder the great seal of the united king-
lom of Great tritain and Ireland^ was duly awarded
md issued against the said //. B. ; and E. F. was
Inly chosen assignee of the estate and effects of the
laid A. B. under the said mmission : And now on
|the behalf of the said E. F. assignee as aforesaid, in
»ur said court before us, we have befm informed,,
khat although judgment be thereupon given, &"c. (as
Hifore, p. 435, 6.)
niptcy.
■Mbm— —
GMrg-tf the Third, {Kc.) To the sheriff of (§53.)
feeting : Whereas A. B. lately in our court be- Scire fwat hy
t _,. . or against aa
|re us at Westminstsry to wit, in term last executor or
.t ■ ■ . ■ • _. • ' ^ . ■' past,
f
rl',
31
It
I
Chap.
XLII.
administrator
Oil the statute
«&9 fr.uu
c. 11. $ 6.
where one of .
the parties dies
after interlO'
cutory juddc-
mcnt, und be-
fore the issu>
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*/<?»- aforesaid, that afterwards, to
|it, inthat-same term (or, in term) la-st
1st, (or,"in the year aforesaid,) it was consi-
red by our said court before us, that the said - <
|. B, ought to recover his damages on occasion of • ^
» the • ■. . '•■^^
4€4
wmtt or toiM FAcrAi
Chap.
XUI.
the premisef : But beeauie it wu unknown to our
said court before us, what damages the said A. B.
had sustained, on occasion of the prealises aforeuid;
therefore we commanded you, that by tK ysth of
twelve honest and hiwful men of your b . \wick,
you should diligently inquire what damages the uid
^. B. had sustained, as well on occasion of the pie.
discs aforesaid, as for his costs and charges byhin
about his suit in that behalf expended ; and that the
inquisition which you should thereupon take, yoiij
should send to us at IVestminster^ on next af.l
tejr -— — last past, under your seal, and the sealsof I
those by whose oath yon should take that inquisitioD,]
together with our writ to yon thereupon directd;f
the same day was given to the said A. B. at tht|
same place; as by the record and proceedinni
thereof ,^ remaining in our said court before us i
tVestminster aforesaid, more fully and at large apl
pears: And the said A. B, (or CD.) after interloj
cutory judgment bad been given in form aforcsaii!
and before any assessment of damages had bcaj
made on our said writ of inquiry by us to you sea
as aforesaid, for the purpose aforesaid, died, haJ
ing first duly made and published his last will aoj
testament, £(r. (or, died intestate, i/^c. as in the!
precedent) : Wherefore the said E. F. executor {ij
administrator) as aforesaid (or, the said A, B.)\si\
humbly besought us to provide him a proper remd
in this behalf : And we being willing that what]
just in this behalf should be done, command ya
that by honest and lawful men of your bailiwic|
you make known to the said C. D. (or, to tbes
G. H. executor, or administrator, as aforesaiii|
that he be before us at Westminster ^ on — -
after , to shew if he has or knows of any th
%i
ON DEATH BEFORE FINAL JUDGMENT.
463
to say for himself, why ihu damages in the said ac-
tion should not be ansessed, and recovered by tiie
laid E. /'.executor (or administrator) as aforesaid,
(or, by the said //. B.) according to tlie form of tim
I statute in luch case made and provided, if it shall
jieem expedient for him so to do; and further to do
ind receive, Sic. (as before, p. 435, 6.)
Chap.
XLII.
Gwr^« the Third, (jfc.) To the sheriff of (5.M.J
greeting : Whereas A. B. lately in our court before ^!'*|.'^''"'
at Westminster y to wit, in term last past, (or, de .tii h:i|.pcn«
the year of our reign,) by bill without our ?,uio,',''ni,d**
Pit, impleaded C. D. being in the custody of the fuil^/^Vtheitt*-
rshal of our marshalsea before us, of a plea of quiry.
spass on the case, Hie: (or, as the plea is), de-
ring in the same plea against him, for that
ereas, Uc. (here recite the declaration), to the
age of the said A. B. of 1, as he said, and
refore he brought his suit, Uc. And such pro>
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. /).<i|
.. words " execution tliJ
Ltion of the said .^Jj
we have been given to*
■lebehalfofthesaid/i.
[we have been informed, I
lereupon given, yctej
lebt and damages) afoie^
to himi wherefore, (!
|5Cc.)con^"^*"^>'°"''^^
)f your bailiwick, yd''
ON DEATH AFTER FIN" JUDGMENT.
]<novvn to the said E. F. executor as aforesaid, that
he be before us at Westminster y on next after
to shew if he hath or knoweth of any thing
to say for himself, why the said A. B. ought not to
I have his execution against him, of the damages (or
[debt and damages) aforesaid, to be levied of the
[goods and chattels which were of the said C. D. at
le time of his death, in the hands of the said E. F.
Xo be administered, according to the force form
md effect of the said recovery, if it shall seem ex-
jcdient for him so to do; and further to do an4
jceive, 3Ct'. (as before, p. 435, 6.) '" ;• .'■•:'
469
Chap.
XLII.
(§ 60.)
George the Third, [SJ^c.) To the sheriff of
Greeting : Whereas A. B. lately in our court before The like, for
* . . . a" ndministra-
at Westminster, by bill without pur writ, and by tor.
ie judgment of the same court, recovered against
|. D. (&c.) whereof the said C. D. is convicted, as '
spears to us of record ; and afterwards, to wit, on
at the said A. B. died intestate ; after
^ose death administration of all and singular the
)ds chattels and credits which were of the said
1^. at the time of his death, in due form of law
granted to E. F. as by the information of the
E. F. in our said court before us, we have been
^en to understand : And now on the behalf of the
E. F. in our said court before us, we have been
)rmed, that although judgment be thereupon
|en, yet execution of the damages (or debt and
lages) aforesaid still remains to be made to him ;
prefore the said E. F. administrator as aforesaid,
humbly besought us to provide him a proper
^edy in this behalf: And we being willing, Kc,
}efore, p. 435, 6.) ,' - ' ' '.''.'.'
Hhs
\ George
.
' > 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)<r the /
HuJe o
As y
nu
' : £(,
-(t
riff of
say: Geof
fudas to th
rfay, befoi
conies the I
sheriff,
hero retui
lawful met
the said
king, at
tained, to
quired, an(
and the sai
demandec
fore it is c
execution
debt and
form and e
of the said
ALIAS sctni vciAi, IM.
Ocoree the Tjiird, ^ "^'r.) To iUt' ^riff of
j^veetiug: Whcreus, N<-. (lu in tlie fust writ, in-
41J
serting these \void<, after the ictuni to tht- sht-rifl, ij^^^j^^/rt.
** as before we hiive commaniied )ou»" and alter- ''»"*
u)<j the /cji/f and return.) 't* •«
M . \ ) ■•
^. B. against C. D. (5 '^ )
Ruleon^'/rr/JzaV/j. i"!*'""*"
As yet of term, in the year of the '5 ''*•)
/. ... r-1 .1 rni • t «.F- Eiifrv of pro ■
. reign of King Ueorfre the Phn-d. Witness t.,,,.,i,h*ts nui
;iid:;uu. nt by
lulaiilt 111 H-ire
Edward Lord Ellenbovouah.
(to wit). Our lord the king sent to Ws she- ':'[;i:'^^°!^^t
riff of , his writ close in these words, that is to ♦' '/«<•
say; George the Third, S(c. (heiv copy the scire .' ,
/«f/tf^to the end, and proceed as follows): vVtwhicli
day, before our said lord the king at Westminsfer^
comes the said A. B. in his proper person; and the
sheriff, to wit, sheriff of aforesaid, now
here returns, that by and honest and
lawful men of his bailiwick, he has given notice to
the said C. J), to appear before our said lord the
king, at the day and place in the said writ con-
tained, to shew cause as by the said writ he is re-
quired, and as the said sherilF is therein couuTiandcd;
•and the said C. D. although on tliut day sok'mnly
demanded, comes not, but makes default: Tlu;re-
fore it is considered, that the said /I. B. have his
execution against the said C. D. of the damages (or
debt and damages) aforesaid, according to the force
form and ef^'ct of the said recovery, by the default
of the said C'.i?. &c. , .^^v. i/>..^ 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 <J » scire jaciat,
(to wit. ) Our lord the king sent to his she- J^^n of I'5«
— , his writ close in these words, that isto/«".
riflfof-
say: George the Third, ^c. (copy the scire facias ,
and proceed as before, p. 479. to the end of the
sheriff's return, and conclude as follows) : and the
said C. D. being solemnly demanded, comes by G. H.
his attorney : And hereupon the said A. B. prays
that execution may be adjudged to him, against the
said C. D. of the damages (or debt and damages)
aforesaid, according to the force form and effect
of the said recovery > ^c.
'II
. ? <H
lis
(to
\'
434
Chap.
XLIL
(§ 79.)
The^ike, a-
jtainst ♦hree
dt>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 }<jrd the king at JVest-
minster f comes the said G. H. executor (<>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«</, to
shew if he hath or knoweth of any thing to say for
liimself, why the said letters patent so granted to
bim as aforesaid, and the inrolmenc of the same,
for tiie reasons aforesaid, odght not to be cancelled,
vacated and disallowed, and those letters patent
icstored into our said chancery, there to be can-
vdied; and further to do and rt'ceivc those things
which our said chuneery shall consider in this behalf;
and have there the names uf those by whom you
bhall so give him notice, and this writ. Witnes>
- 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^<? the Third, (SCf.) To our right trusty and
well-beloved Edward Lord Ellenbo.ough, our chief- fromtheKi
ng'3
iustice assigned to hold pleas in our court before us, Bsuch tothu
, ' . . Ex'Miuquer-
gre^eting i Whereas by a statute made in the parlia- chamber.
ment of the Lady Elizabeth, late queen oi England,
held at Westminster, the 23d day of November in
the twenty-seventh year of her reign, it was, among ;, ;
other things, enacted, by the authority of the same
parliament, that where any judgment should at any
time thereaftpr be given in the court of King's
Bench, in any Suit or action of debt, detinue, cove-
nant, accourit, fiction upon the case, ejeetione firmes
or trespass, first commenced or to be first com- v
^^nccd there, other than such onlv where we should
ii'tV
K k
IM
^ i >
;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<ng of iudgnicnt, in a plaint
which was in our court before us, by bill, between
A. B. and C. D. of a plea of trespass on the ca-^e (or
as the plea is), which said record and proceud'ngs,
by reason of error happen ng therein, we caused to
be brought before the justces of the Common
Beach and the barons of our Exchequer, into our
Exchequer-chamber, and the judgment thereupon
IS affirmed, as it is said, man' lest error hath inter-
vened, to the great damage, (STc ) We being wil-
ling, (&V.) do command you, that if judgment be
thereupon given and affirmed, ^"c. (as before).
i. B.-j
and >
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,
<os
In the Common Pleas. . ' CiiaP.
^.i^A Unless the pluintift" in thi-; writ of error, XLIU.
brouijht in this caus(;, certifies the record ^^ '^-^
. ^ ..,,., „ u •.! • R«>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<! piaintifr
J CD. by G. II. l)is attornej', and says amutvaVd of
urire* a ins to
his cxeculoi*
Iflnt in the record and proceedings aforesaid, and
jnlso in giving the judgment aforesaid, there is ma-
nifest error in this, to wit, that by the record afore-
jsaul itappearsjthattlie judgment aforesaid, in form
I aforesaid given, was given for the said A.B. against
[the said C. D. in the plea aforesaid ; when in truth
land in fact, the said A. B. in the plea aforesaid
[named, before the trial of the issue joined in the
record aforesaid, between the parties aforesaid, and
before tlic giving of the judgment aforesaid, to wit,
Dn at died ; therefore in that there is ma-
nifest error: And this he the said C. D. is ready to
ifcrify, wherefore he prays that the judgment aforc-
kaid, for the error afoi'esaid, may be revoked, an-
|iulled and altogether lield for nothing, and that he
nay be restored to all things which he hath lost by
bccasion of the said judgment, U,€. And the said
\- D. also prays tlie writ of our lord the king, to
i give
.' :i
4' i'
\ I
Ml
3ia
Chap.
XLIII.
. , Assignments, S(c.
give notice to and executors of the last
will and testament of the said ^. B. that they be be-
fore cur said lord the king at WestminstT^ on ,
to hear the record and proceedings aforesaid, and
tlie matter above assigned for error ; and it is granted
to him, 5Cc. ,
(§ 35.)
The like, of
the death of
one of the de-
fendants iu the
action.
{\ 5G.)
lt«plicatLoa
tikcrettf..
A.
CD. "^ Afterwards
C.X/. •\Attervvarus, to wj
^» I in this same
ui.B^ I the kins at Wcsh
in error. J ^^,^^ g_ ^^^
to wit, dn next afti^j*
same term, before our \o\\
stminsierf comes the said'
by G. H. his attorney, and says
that in the record and proceedings aforesaid, and
also in giving the judgment aforesaid, there ismani>
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<r,on
" ° "^ ajiiclgiiioiit III
James Mansfield knight and his companions, our ♦""•/"f" "-
■t \ . . . gainst toite-
I' i ^ jU tices aants. .
t|.
'■;!
■ I ■ .1
(■■
•i i
520
|i
Chap.
XLIII.
■*
ASSIGNMENTS OF ERROn, iCc.
justices of the bench at JVestminsfer, it was consi-
dered, that ^.Zf. should have execution against A'./',
and G./^. tenants of the hinds and tenements of C'./>>.
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 <rom-
pon recovery.
ASSIGNMEKTS OF ERROR, 5ftf.
4
and lawful men of your bailiwick, you make knowi|
to the said A. B. that he be before us, on where,
soever we shall then be in England, to hear the re-
cord and proceedings aforesaid, and also the errors
assigned in the pronouncing of the outlawry afore-
said, if it shall seem expedient for the said C.l),\
and further to do and receive^ &"c. (a§ before, p.
519.) "^
Gror^t? the Third, (6fc.) To the sheriff of
greeting : Because in the record and proceedings,
and also in the giving of judgment, in a plaint which
was in our court before Sir James Mansfield, knight
and his companions, our justices of the bench at
IVestnmister, upon a writ of entry sur disseisin en k
post, between A. i^:~ demandant and C. D. deforce.
ant, of njessuagesand acres ofland with the
appurtenances, in the parish of in your said
county, and in which said plaint the said C. J).
then tenant of the tenements aforesaid with the ap-
purtenances in the same court vouched thereof to
warranty E. F. who did warrant the same to him,
and further thereof vouched to warranty G. H. who
did warrant the same to him, whigh said record and
proceedings we lately caused to be brought and they
now remain before us, manifest error hath inter-
vened , to the great damage of J. K. as by his com-
plaint wc are informed : And we being willing that
the error, if any there l)e, should in due manner be
corrected, and full and speedy justice done to the
parties aforesaid in this behalf, command you, that
by honest and lawful men of your bailiwick, you
make known to the ^vi\\A.B. and alsotoZ.il/. (&c.)
the now tenants of the tenerrent? aforesaid, that t hey
be
^ r 1^ THE kino's BE?ICH.
^e 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
/. A'.; and further to do and receive, ^c. (asber
fore, p. 5jl9.) - -, yv>, •., , . ...,.,.
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^f the Third, (5Cc.) To our right trusty and (§62.)
well-beloved Ed-^^nrd Lord EUenborough, our chief. Sitnd wJI?! **
iustice assisrned to hold pleas in our court before rantofattor-
ney to the
us, greeting : Because in the record and proceed- chief-justice of
ings, and also in the giving of judgment, in a plaint B«Mh."*''
which was in our court before us, by bill, between
A. B. and C. D. 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 C. D.
as by his complaint we are informed ; the record
and proceedings of which said judgment we have
lately caused to be brought before our justices of
our Common Bench, and our barons of our £xche4
quer of the degree of the coif, to correct the er- '
rors in the same, according to the form of the
statute in such case made and provided, in
the chamber of our Exchequer aforesaid : And
the said C. D. appearing in the same Exchequer-
chamber, hath said that there is no bill filed, Uc\
(reciting so much of the assignment of errors, as
relates to the want of a bill and warrant of attor-
ney)': And we being willing to be certified of the
premises aforesaid in this behalf, command you,
that having searched the files and other remem-
brances of bills of the county of , of
term in the year of our reign, and which are
filed of record in your custody, and also the rolls
and other memorandums of warrants of attorney of
M m the
i ■!
Wr-
it
i
i
,1 \ {
I
il:
|.f
t!
': ■[I '
530
ASSIGNMENTS OF ERROR, &O4
Chap.
XLIII.
rT
the same term, in your custody likewise rcmainintr
of record, what you shall find therein concermng
the said bill and warrant of attorney, yoii certify to
our justices of the Common Bench and barons of
our Exchequer of the degree of the coif, imme-
diately, into the chamber of our Exchequer afore-
said, together with this writ. Witness Sir Jamex
Mamjidd k n i gii t , ( .Vf. )
.v.M i,yv\.n-
'-i*>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<ir
and \ fi^Q counsel for both parties. Upon the
} motion of Mr. . . • ; i ,i .
■j ••*'...! : j.i .■ By the Court.
({ '^•^•) Pleas in t]»e Exchcfjuer-chamber fit lVesfniinst<r,
fromth'eKing's before Sir Jmncs Munsfield knight, chief-justice of
tlic
ISSUES IN ERROR.
sn
Chap.
XLIU.
the Common Bench of our sovereign lord the "kmjr,
Sir Archibald Macdonald knight, cliief-baron of the
Exchequer of our sovereign lord the king of the J;'," '."".^J;;^',''*
degree of the coif, John Heath esquire. Sir Gilts chamber.
Booke knight, and Sir Alan Chainhre knight, tlie
three other justices of the Common Bench of our '
sovereign lord the king ; and also before Sir Bean-
wont Hotham knight, Sir Alcrander lliomson knight,
and Sir Robert Graham knight, the three other ba-
rons of the Exchequer of our sovereign lord the king
of the degree of the coif, on the day of
in the year of the i-eign of king George
tiie Third, S(c, ■ - >.
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 ofLpr<i«. George ^QTh\xi\, king of the united kingdom of J
Great Britain and Ireland, &c. before our lord the]
king and the peers of this realm, in this present par-
liament at Westminster in the county of MiddlesexX
assembled, comes the said A. B. in his proper per-l
son, and prays that the said CD. may assign errors j
ill
(as before,
!, and then
tin\y called,
rosecute his
dered, tUat
^rit of error,
le said J.Ii-
It is further
jr against the
aid lord tl»e
th his assent,
in such case
es costs and
expended, by
thi judgment
T the said writ
jrocecdings of
;h and the said
lem had in the
justices of the
hequev, before 1
SJ:c. according!
y-seventh yeut |
',th, &c.
JUDGMENTS OP AFFIRMANCr, iCc.
In the record and proceedings aforesaid ; therefore
:y day is given to the said C. J), before our said li)rd
tueking in parliament, to assign errors in the record
and proceedings aforesaid, until the day
of instant : At which day, be' ir said lord
the king in his parliament, con '. B. in
his proper person ; and the said < ^ igh so-
le, inly called, doth not come, bu uaiit^ default,
nor doth he further prosecute the said writ for cor-
recting errors against the said y^i.B. Therefore
it is considered by the said court of our said lord the
king in his parliament, that the said C. I), take no-
thing by his said writ of error, but that he be in
mercy, Sfc. and that tlie said j4. B. do go thereof
without day, iCc. It is also considered by the said
court of our said lord the king in his parliament,
that the said . t. B. recover against the said C. D.
/. by the court of our said lord the kin^r in his
parliament adjudged to the said J.B. and \ ith his
assent, 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 prosecuting the said writ of error ; and that the
record and proceedings aforesaid be remitted from
the court of parliament aforesaid, to the court of our
said lord the king before the king himself, to the
end that execution may be had thereupon, 5(c.
Cler.Parl
54t
Chap,
XLllI.
lit! A !
(Entry of warrants of attorney as before, p. 542,) (^ 93.)
England, to wit. Our lord the king hath sent to :t*i:??^"f' '"^
m . . ° the King's
■his right trusty and well- beloved Sir James Mans- Etftu-h, of a
I "' XT « ■ £11 .i"<lsn»t>nt 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*%:
:<H'-:v^ iit^'i''- Uf:''-i' r'.'.'■;i;^■:
m
.'■■ .S^li\"i~'-'} -•^*'
IK EXROE.
5.4#
[lis writ
ird, SCc.
■jiuance
«rs): At
ait IVtsU
lijr attor-
andpro-
i in form
aid> 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<l in the tx- ' •' » 1^4
causes and matters by the said C. D. above for error
assigned; being diligently examined and inspected,
and mature deliberation being thereupon bad, it
seems to the court of parliament aforesaid now here,
that there is no error either in the record and pro.
ceedings aforesaid, or in the giving of the judgment
aforesaid, or in the affirmance of the samejudgment,
and that the said record is in nowise vicious or de-
fective : TherefopB it is considered by the same court
of parliapaent, that the judgment aforesaid, and also
the affirmance of the same judgment, be in all things
affirmed, and stand in their full force and effect,
the said causes and matters by the said C. J), above
for error assigned in anywise notwithstandmg : And
it is further considered by the same court of parlia-
ment now here, that the said A. B. do recover
against the said C. D. /. by the same court of
parliament adjudged to the said A. i?.and with his
assent, according to the form of the statute In such
case made and provided, for his damages cpsts and
charges which he hath sustained and expended, by
reason of the deliay of the execution of the judgment
aforesaid, on pretence of prosecuting the said writ
)jf error: And thereupon the record aforesaid, and
also the proceedings aforesaid in the same court of
parliament had in the premises, are remitted by the
s^nne court of parliament, to the court pf our said
lord tl^e king before the king himself, wheresoever,
.•^K'^^
i y,
IM
v/^^.;•
A >-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 (i<c.,) and
have there this writ. Witness, (3^'c.).-^ f/jc'tjcf ji;
George the Third, (5(f.) To the sheriff of
The like, after greeting: Whereas A. B. lately in our court befora
a )ttd)?ment if:- *' " . ...
versed in the us at Westminster^ by bill without our writ, and by
chainberr'^" *^c judgment of the same court, recovered against
(7. D. /. for his damages, (i<f.) whereof the said
C D. was convicted, as appeared to us of record :
And afterwards, to wit, on the (lay of — ^ — -. iu
the — — year of our reign, the transcript- of the re-
cord and proceedings aforesaid, with all things con-
cerning the same, by virtue of our certain writ for
correcting error prosecuted by the said C 1}. in tha
premises, was transmitted from our said court before
us, before our justices of tlie Common Bench and
the barons of our Exchequer of the degree of the
coif, in the Exchequer-chamber, according to the
form qf the statute made in the pariiauient of the
lady j
iVestn
twentj
to wit,
•our rei
Comm<
Exche<
that the
record
«d ann
that the
which h
said : A
proceed
/'ore the
aforcsai(
fcefore m
form of
in our s;
of the sr
been in
tile saic
the dami
Therefo
ing the
eorg
greetin
suit sha
cause thi
same c
tlie said
to the s
wherein
ment ha
TALSK-JUDOMEVT.
BH
Soi
>uvt 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-'
<ler of the faith, caused tlie plaint to be recorded,
whereof mention is within made ; and I have the re-
cord of the saiTic plaint before our said lord the Hing,
on the day within contained, under my seal, and the
Seals of four lawful knights of niy said county, of
such as were present at the said recording ; And by
and I have summoned the within-named |
A. B. that he be before our said lord the king, on the
day aforesaid, to hear the said record, as by this writ
1 am commanded ; which said record is contained in
a scliedule to this writ annexed.
J. K. sherifF.
to wit. The coiinty-court of J.K,
Finot clings in esquirc, sherifF of the county aforesaid, held at
nmrt.f roil lie- in and for tho said county, and within the jurisdic-
vymt?tiu- tion of the same court, according to the custom of
j)laint to final ' " j
jiidiiiritiit after the said court, froni time whereof the memory oil
have in my
of ill
evcign ^ord
f the united
^,ing, defcn-
e recorded,
have the re-
frdtheVingx
,eal,andthe
county, 0^
ig'; And by
ithin-named
king, on the
|s by this vvvit
contained in
\ K. sheriff.
Ivirt of /.A-'
held at — —
the jurisdic-
|he custom of
memory OM
ma'^l
I'ALIE-JUDCMENT.
man is not to the contrary there used and approved
of in the same rourt, on the day of »
in the year of the reign of our sovereigi) lord
George the Third, by the grace of God of the united
kingdom of Great Britain and Ireland king, defender
of the faith, and \x\ the year of our lord IS — , be-*
i'oreZ. M. (&c.) freeholders within the said county,
and suitors of the same court, l^c it remembered,
jihat at this court comes here A. B. in his proper per-
son, and now in the same court here, levies hi>>
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 <lay of
now next ensuing ; and he hath it, 6(c. the samr
day is given. to the said C. J), to be there, Kr. At
which sanie next court, to wit, the — — county-
court of the said J. K. esquire, shcrilT of the said
county, held at aforesaid, in and for the said
county, and within the jurisdiction of the same
court, on the aforesaid — ~ the day of — —
in the year of the reign of our said lord the now
king, before R.S. (&c.) Trecholders within the said
county, and suitors of the same court, corneas weJl
the said A. B. as tlie said C. D. by their attornies
aforesaid : And thereupon the said A. B. by his said
attorney, now declares here in tliis sainr <M)iut,
against the said C. 1). in the plea of the said plaint,
in manner and form following, that is to say *• In tlie
county-court. A^ B. complains against C. I), of a
plea of trespass on the case; for that whereas, Kc.
(here copy the declaration.) And thereupon tiiesaid
C. D. prays leave to imparl thereto here, until the
^ liext court of the county aforesaid, to be holdun in
land for the same county hero, to wit, at afore-
[said in the county aforesaid, and within thejuris-
|<iiction of the same court, on the day of
. now
51S
MM.
'%
n '■ '
Sill!
574
rALSE-JtTDGMENt:
Chap:
xmi.
^ now next ensuing ; and he hatH it, &V. the sar/i«
day is given to the said ^: B. to be there, &'f. At
V hich same next court,' to wit, the county-
cdurt c<f the said J. K. iesquire, sheriff of the county
aforesaid, held at aforesaid, in and for the said
county, and within the jurisdiction of the same
court, on the afosesaid — '— the day of in
fhe year of the reigrt of our said lord the now
.kiiigi before T; U. (&c.) freeholders^ within the said
tounty , and suitors of the same court, come as well
Uie said A. Bi as tiro said C. D. by their attornies
aforesaid; and thereupon the said CD. by his at-
torney aforesaid, defends the wrong and injury when^
Kc. and snith tliat he did ndt undertake or promise^
in manner and form as the said y^.^. hath above
thereof complained against him ; and of this he the
paid C. n. puts himself upon the country, Kd And
hereupon the said A. B. prays leave to reply thereto
here, until the next court of the county aforesaid,
to be fioiden in and for the same county here, to wity
at aforesaid in the said county, and within the
jurisdiction of the same court, on the — —
day of now next ensuing ; and he hath it, &.'c.
the san»e day is given to the said CD. to be there,
,^c. At which same next court, to wit, the
county-court of the said J. Ki esquire, sheriff of the
county aforestiid, held at aforesaid^ in and for
the said county, and within the jurisdiction of the
same court, on the aforesaid the day of
in the year of the reign of our said lord
the now king, before V. W. (&c.) freeholders within
the said county, and suitors of the same court, come
as well the said A. Bi as the said C D. by their at-
toruics aforesaid ; and thereupon the said A. B. doth
likewise put himself upon the country : Therefore
to
'SI
c. the sarri«
•e, &V. At
— county-
the county
for the said
f the same
yof^ i«
tord the no\t
thin the said
come as well
(jir attornies
X), by his at-
injary when^
. or promise i
. hath above
of this he the
try, y^c. And
reply thereto
ity aforesaid,
hcre,tovvit<
[nd within the
the — —
|ie hath it, isc.
. to be there,
|wit, the
, sheriff of the
lid, in and for
IdiCtion of the
— day of
|f our said lord
iholders within
le court, come
r;. by their at-
,y : Therefore
to
' ', tALSE-JUDGMENT;
to try the issue, above joined between the partietf
alx)resaid, it is commanded i)y the covrt here, to
atKl baiUtfs and ministers of the aforesaid
court, that they cciuse to come at the next court, to
be holden at aforesaid, in and for the; county
aforesaid, aad within the jurisdiction of the same
court, OH the day of now next en-
suing, twelve honest and lawful men of the same
county, and within the jurisdiction of the same
court, by whom, tVc. and who neither, 5sV. to re-
cognize, &V. because as well, Kc. the same day is
given in and by the said court here to the parties
aforesaid, to be there, H^c. At which same next
court, to wit, at the county-court of the said
/.A', esquire, sheriff of the county aforesaid, held
ut— '^ — aforesaid, in and for the said county, and
within tlie jurisdiction of the same court, on the
aforesaid the day of in the year
of the reign of our said lord the now king, before
X. Y. (&c.) freeholders within the said county, and
suitors of the same court, come as well the said A.B.
a* the said C. D. by their attornies afoi'esaid ; and
the said and — — — bailiffs and ministers of the
aforesaid court, ^o whom, &c. Jiave not returned
the aforesaid precept, nor have they or eitlier of
tliem done any thing thereon: Theretbre, as before,
it is commanded by the court here, to the aforesaid
and bailiffs and ministers of the same
court, that they cause to come at the next court to be
holden at aforesaid, in and for the said county,
and within the jurisdiction of the same court, on
■ the day of now next ensuing,
twelve honest and lawful men of the same county,
and u'ilhin the jurisdiction of the same court, by
hvhom, isf. and who neitlwr, isc. to recognize, Ssc.
• : - -v.'- .;, . . . 1 • because
371
Chap.
XLIII.
!!it '
m
'■!ih;>
^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 divi<led into
five parts, as they relate to the following subjects :
1st. the making and conducting of the distress, up-
on which the replevin is founded; 2diy. the authority
for and granting of the replevin, by writ or plaint;
3dly . the removal of the cause from the inferior court^
by pone, recordari facias loquelanif or accedas ad cu-
riam, and remanding it by procedendo ; 4thly. the
proceedings in replevin in the court above, from the
declaration to final judgnien<^ and execution, inclu-
sive ; and lastly, the proceedings on the writ of se-
\amd deliverance.
I hereby authorize and require you to distrain the (§ i.)
joodsand chattels in the dwelling house (or,'* in and Warrant to
ipon the farmlands and premises") of J.B. si- rent.
hiate at in the county of •
for
-/. be-
|ng
years rent, due to me for the same at
ast ; and to proceed thereon, for the recovery of the
|aid rent, as the law directs. Dated the day of
18—.
To £.i^. my bailiff.
Yours, &f.
CD.
An inventory of the several goods and chattels {§ 2.)
listrained by me CD. (or " EJV^ the bailiff, ) the Jn>e»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.) To the sheriff of
thrnwm\m'n. grectiut!; : Whereas v»c have oftentimes commanded
y>.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, (6<c.) whether the cattle goods and chattels
aforesaid, so taken and detained, are the cattle goods
and chattels of the said A. B. or of the said P. L.
And if by that inquisition it shall appear to you, that
the cattle goods and cliattels aforesaid are tJie cat-
tle goods and chattels of the said A. B. then that
you cause them to be replevied to the said A. B. ac-
cording to the tenor of our mandates to you there-
uj>on 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<c. (as in the for-
mer writs, to the words " as it is said j") and have
there this writ. Witness, (SCc.)
!..,.„.,. 'y^^?^< •...,. Ii.. --;;S ' --.'V fill ;' ii' -.♦i-"!i' , .
Ge-or^i? the Third, (5*V.) To the sheriff of
greeting : Although we lately commanded you, that
in your full county you should cause the plaint to
be recorded, which was in the same county, with-
out our writ, between A. B. and C ]). of the cat-
tie goods and chattels of the said A. B. taken and
unjustly detained, as it was said ; and tliatyou should
have the salt, record before us, on wheresoever
we should then be in England, under your seal, and
the .seals of fourlawfid knights of the same county,
of those who should be present at,tJie said record-
't. '■ '
BY ACCEDAS AD CURIAM.
5^'j
ing; and that you shouUl prefix the same day to tl»e
parties, that they niif^ht be then tliC're,.to proceed in
that plaint, as should b;; just; and tliat you .should
luive there the names of tlie said four kiiights, and
tiiat writ : Yet we being now mov„»d with certain
causes in our court before us, command 3-ou, that
in the same plaint against the said CD. at the suit
of the said A. B. before you levied or affirmed, and
now depending undetermined, you proceed at your
next county-court to be holden in and for the same
county, with what speed you can, in such manner,
according to the law and custom of England, as you
shall see proper, our said writ to you in that behalf
heretofore directed to the contrary in anywise not-
withstanding. Witness, (^V-) '..--
Gfor^c the Third, {Kc.) To the sheriff of
greeting: We command yon, that taking with you
four discreet and lawful knighta of your county,
you go in your proper person to the court of ,
and in that full court you cause to be recorded the
plaint which is in the same court, without our writ,
between yi.^.andCi^.(&c.) and have that record be-
- wheresoever we shall then bcin Fug-
CHAf.
XLIV.
(5 30.)
^•t cedus ad
curiiim.
foreus, on-
/rt>?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<c. now
is, and at the sard time wht-n, S(c. was the close soil
and freehold of hin^the said C. J), (or, " of the said
i ■
G. iV.") : And because the said catMc at the said time
wh(in, S(c. were in the siid place in which, iCc eat-
ing up ilic gfass there then growing, and doing dii-
maoce there t6' the said C. 1). he the said C. D. well
avows (or, " as bailiff of the said G: N. well ac-
knowledges") the taking of the said cattle,in the said
place in whith, 6ft\ and jistly, S^V-asfoi* and in the
name of a distress for the said damage^ so there done
and Joing, iJsC.
i99
CrrAP.
XI. IV,
:rt "rojrjj' •i'xi.; .v\
f a:- MJiT rom
t i it
Jii.i :iy,ii xV
!'->/
(;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 , {S<c.)
in every ^ear, by even and equal portions : And
because /. of the rent aforesaid, for the said
space of ending as aforesaid, on the said
day <>r 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
be<!n before then paid and satisfied, he the said CD.
%vell avows, (&iV.) for the said sum of /.parcel, ,
^V. so due and in arrear as aforesaid ; and which
said sum of /. parcel, iKt". still remains due, Kf."
(as before). "• ' ". ;^y? .^'1Tf/^ iJ'h' ])i>iiiio
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 '<ays, that he the said //. />. 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, <!»'
Kf. Therefore .t IS — ™;^„,, „ds and ehat-
«>*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,
<Bfc. or jtat. \t
Car. li. c. 7.
(Entry of warrant of attorney for the defendant,
as before, p 605.)
(to wit.) CD. was summoned to answer
A. B. of a plea wherefore he took the cattle goods § 3. on a no».
and chattels of the said A. B. and unjustly detained of adedara-
them against gages and pledges, Sfc. And there- *'""•
upon the said C /). in h' roper person offers /
himself, on the fourth day, against the said ^. B. <
in the plea aforesaid; and the said A. B. co.ies
not, but makes default: Therefore it is consi-
dered, that the said A. B. take nothing by his said
writ, but that he and his pledges to prosecute be in
mercy, &V. and that the said C D. do go thereof
[without day, Kc. and that he have a return of the
said cattle goods and chattels, 6Cc. \ And thereupon X *
[the said C D, according to the form of the statute - . \
jiii such case made and provided, suggests, and
jives the court here to understand and be informed,
Hiat he the said C 1). took the said cattle goods and
chattels of the s."'ld A. B. for the taking whereof he ^ ^
ras summoned to be ir the said court of our said
)rd the king before the king himself, to answer to
le said A. B. as aforesaid, at the parish of in ,
>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, &'<rj and that he should have
a return of the said cattle goods and chattels, ike. And
thereupon the said CD. according to the form of
tlie statute in such case made and provided, prayed
our writ, 5Cf. (as in the last, to the end).
Iiif
HI:;
•^Ne Itke.to as-
rci'tain the va-
lue of the
foods, on it-
BRnrjrer to a
plea ia bar.
George the Third, (STr.) To the sheriff of
greeting : Whereas C. D. was summoned, isc. (as
in the last, to the end of the declaration:) And
the said CD. appearing in our said court before us
at Westminster, by his attorney, well avowed
(or, ♦* as bailiff of Z'v"./'. well acknowlwlged") the
taking of the said cattle goixls and chattels, &<:.
(reciting the avowry or cognizance, plea in bar, de-
murrer and joinder:) And such pmceeclings were
thereupon had in our said court befoi'c us at Wcst-
viinster aforesaid, that it was afterwards considered
by the same court, that the said plea of the said
.C D. by him above pleaded in bar of the avowry
(or cognizance) aforesaid, and the matters therein
contained, were not sufficient in law, Kc. (as be-
fore, p. 608.) It was also considered by the same
court, that the said A.B. should take nothinc: bv
his writ aforesaid, but that he and his pledges to
prosecute should be in mercy, He. and that tlie
said C D. should go thereof without day, Kc. and
. that he should have a return of tlie said cattle goods
and chattels, isc. : And thereupon the said C. I), ac-
■ , cordinti
NOTICE OF INQITIHY, &C.
€19
cording to the form of the statute in such case made
and provided, prayed our writ, to be directed to
you, to inquire of the value of the cattle goods and
chattels aforesaid ; and it was granted to him, iSCc,
as by the record and proceedings thereof, still re-
maining in our said court before us at Westmiiister
aforesaid, fully appears: Therefore we command
you, that according to the form of the statute in
such case made and provided, you diligently in-
quire, by the oath of twelve good and lawful men
^f your bailiwick, how much the said cattle goods
and chattels were worth, at the time of taking the
same, according to their true value ; and the inqui-
sition wliich you shall thereupon take, make ap-
pear, &"c. (as before p. 617.)
xuv.
In the King's Bench,
i^1«
.f^?--V;
<§60.)
:-. "tV
A. B. plaintiff, Notice of iu-
*■ quiryi onatat.
§2-
■ ' M Between and
:i^■^^ ^C .T r -J:\.\h^^'^' tlefendant.
Take notice, that a writ of inquiry will be exe-
cuted in this cause, on {at the distance of ff-
tecn days at least ^) at , (as before, p, 172, 3.)
touching the sum in arrear, at the time of the dis-
tress taken, and the value of the goods (or cattle)
distrained, (or on demurrer, *' of the value of the
distress,") according to the form of the statute in
?uch case made and provided. Piitc^l, {i^c.)
1 Yours, Ssc.
E. F. plaintiff's attorney.
To Mr. G. //.defendant's attorney. " " '■ :
- ■ ' -^^ ** '
(to wit.) An inquisition indented, taken at
,'*ni«'''iiii- .
-, SCf. (us before p. n?-, 4,. to *' good and Vim- inqmsitioo
.. , auUrvtum.
Icl
1
\-^
ti \
^20
Chai*.
I
EXECUTION,
i ., „,„ " and then as fnlln'-M-l
fnl men of thasaid county, ami in
who upon their «>* "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 the said A. B. after-
wards in our same court before us, made default;
wherefore it was considered, that the said A. B.
sliould take nothing by his writ aforesaid, but that
he and his pledges to prosecute should be in mercy,
&t'. and that the said C. D. should go thereof with-
out day, Uc. and that he should have a return of
thf cattle goods and chattels aforesaid, iCc. where-
upon by our writ we commanded you, that with-
out delay you should cause the cattle goods and
chattels afores; I to be returned to the said C. D.
and that you sliould not deliver them, on the com-
])laint of the said A. B. without our writ, which
should make express mention of the judgment afore- 1
said ;
XXZCUTION. 621
said; and in what manner you should have exe- Ctiap.
outed that our writ, you should make iijipejir to us, %LIV,
on wheresoever, {S>(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<T.st other things,) to the said E.F. for better
securing the payment of the sum of /. and in-
terest by the said C. J), to the said E. F. at a certain
time in the said indenture of releast^ mentioned, and
now past ; and which said sum of /. with a con-
siderable arrcar of interest thereon, is still due and
unpaid to the said A\ F. I do therefore, as the at-
torney of and for tlie said E. F. hereby give you
notice, not to pay any rent now due, or here-
after to become due from you, for tlie said mes-
suage, (^Tf.) to the said C. D. or to any otiier per-
son or persons than to the said E. F. or to me as his
attorney, or to sucli other person or persons as shall
be dul>' 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<x
and
(^ 5.)
Notice by the
trustee of a
terui, for se-
curing an an-
nuity, to pay
hiut the rent,
fur satisfying
the arrears,
Ice.
and durir
unity or <
of ^ireat .
received
out of a
lands, tenc
particular!
inthecoun
tilings, c(
cupation ;
to be payal
ner therein
entry, in c
for the fut
the paymer
/. at t)
said A. B. (
mise the sail
date,5(t".
irst part,
:en G. U-
\e fourth
s therein
o the said
signs, for
and '
NOTICES TO QUIT, iCc,
and daring the natural life of the said A.]^. one an-
nuity or clear yearly sum of /. of lawful money
of '^ireat Britain, to be yearly issuing, going, had
received and taken by liim the said E. F. by and
out of a certain manor, and certain messuages,
lands, tenements, hereditaments and ^es therein
particularly mentioned, situate ^ -^
in the county of ,andcomjjrizii '•• other
things, certain lands and preraisi ui \ *ur oc-
cupation ; the same annuity or yearly sum of 1.
to be payable quarterly, at the times and in man-
ner therein mentioned, with powers of distress and
entry, in case of the non-payment thereof: And
for the further better and more effectual securing
the payment of the said annuity or yearly sum of
/. at the times and in manner aforesaid, the
said A. B. did thereby grant, bfiigain, sell and de-
mise the said i lanor, messuagei, {^c.) unto me the
said G. II. for a term of years, if the said A.B.
should so long live; And I do hereby furt ^x give
you notice, that there is now due and owing to the
said E. I\ the sum of /, for arrears of the said
annuity or yearly sum of 1, up to the day
of last: And I do therefore hereby require
you, not to pay any rent now due, or hereafter to
become due, for the aforesaid lands and premises in
your occupation, or any part tliereof, to the said
A.B. or to any other person than me the said G.H,
or such other person or persons as I shall appoint
to receive the same, until the said sum of /.
together with the growing and future payments of
the said annuity or yearly sum, and all costs charges
and expences sustained or occasioned by the non-
. . T t payment
»ll
Chah.
XLV.
m
IMAGE EVALUATION
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1.0
I.I
11.25
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Fk)tDgraphic
Sciences
Corporation
>'*>
23 WEST MAIN STREET
WEBSTER. N.Y. US80
(716) 872-4503
'V-
#Ǥ
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
<ie>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 <lay of then last past, for and dur-
ing and unto the full end and term of years
from thence next ensuing, and fully to be compleat
and ended : I5y virtue of which said several demises,
the said yoAn /)o«' entered into the said several te-
nements first and secondly above-mentioned with
the appurtenances, and became and was thereof
possessed, for the said several terms, so to him
thereof respectively grunted: And the said John
Doc being so thereof possessed , the said Richard Roe
afterwards, to wit, on the day of in the
year aforesaid, with force and arms, Kc. en.
tered into the said several tenements first and sc-
condly above-mentioned with the appurtenances,
which the said J. B. and E, F. had respectively
demised tothesaid John Doe, in manner and for the
several terms aforesaid, which are not yet expired , and
ejected the said John Doe from his said several farms ;
and other wrongs, i^c. (as before, p. 648, 9. with the
like notice to appear.)
(§ 18.)
The Ijki', with
two ousters.
In the King's Bench
(or. Common Plej^s).
'vrti;:>>.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.)
■,<V.A
(Notice to appear" in theOfficeof Pleas of his ma-
jesty's court of Exchequer at Westminster''')
: -y^' '. '- :• , -y^t.t i^Tr; .\yW:... rtf
In the King's Bench.
John Doe. on the demise
oi A. B. plaintiff,
Betvveen and
Richard Roe, defendant.
J. K. of gentleman, maketh oath, that he
did on the day of last (or instant), per-
sonally serve C. D. tenant of the premises in the
declaration of ejectment hereunto annexed men-
tioned, or (if he be not tenant of the whole,) some
part thereof, with a true copy of the said declara-
tion, and of the notice thereunder written, hereto
annexed ; and this deponent at the same time read
over the said notice to the said C. D. and explained
to him the intent and meaning of such service (Or
generally thus : " and this deponent at the same time
acquainted tiie said C. 7^. of the intent and mean- 1
ing of the said declaration and notice").
§worn, (SCc.)
J.K.\
In
tii th
that h(
stant,)
posses;
J'iition,
verinsr
tice to
the noti
** excef
of them
deponen
tice to ej
plained
ing of si
ponerit ,
*-^G said]
the said
Sworhl
^n the kI
maketli
of .»_
on tbc
ceding
lichard
• a plea
where-
)Uo\vs;)
)ur said
s to his
2fore he
es, (SCf.)
jfliisma-
") ;
he demise
plaintiff,
lefendant.
I, that he
ant), per-
aises in the
exed men-
lole,) some
id declara-
ten, hereto
le time read
d explained '
service (Or
le same time
»t and mean-
AFitDAVITS OF SERVICE, S(c,
657
Ih the Kiilor's Bench.
. / , John Doe, on the demise
■ ' •' ' . oiA.B. plaintifiF,
Between . ' and
Richard Roe, defendant.
/. K. of gdntleman, maketh oath and saith,
that he did on the day of last, (or, in-
stant,) personally serve C. D. (5Cc.) tenants in
possession, 6Cc. (as in the last,) With the said decla-
riation, and the notice thereunder written, by deli-
vering a true copy of the said declaration and no-
tice to each of them the said C. D. (5Cc.) (and if
the notice was not directed to all the tenants, sa}^,
** except that the said notice was directed to each
of them the said C. D. (S(c.) separately;") and this
deponent at the same time read over the said no-
tice to each of them the said C. D. (SCc.) and ex-
plained to them respectively the intent and mean-
ing of such service: (or generally, that " this de-
ponent at the same time acquainted each of tham
the said C. D. (5("c.) of the intent and meaning of
the said declaration and notice.")
Svvorh, (5Ct\)
Chap.
XLV.
(§ 22.)
Thclike,
where therO
are scveial
teaaatB.
In the King's Bench.
Between ... and
Richard Roe,
in the county of
(§ 23.)
John Doe, on the demise of The like,
, . . ,„ where the
. . planitiff,
defendant.
/. K. of in the county of gentleman,
maketh oath and saith, that he did, on the day
of instant, personally jerve C. D. teiiant in
U u possession
claration \'.as
serve I on oiuj
tenant, and the
witV; of ano-
ther.
ill'; ■
I'll
w\
•i
■ ''i>'^ 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 possessi<m thereof: And this deponent A. B.
for himself salth, that before such copy of the said
declaration: in ejectment was affixed as aforesaid,
there was due to him this deponent, as landlord of
the said messuage, (or, '' lands, tenements orhe-
Jeditaments," ) with the appurtenances, from C. D,
the tenant thereof, the sum of /. for half a
year's rent, upon and by virtue of a certain in/den-
ture of lease, bearing date the day of ■
IS — , and made between this deponent of the one
part, and the said C. D, of the other part; and
that no sufficient distress was then to be found upon
the said messuage, (or, ** lands, tenements or here-
ditaments,") with the appurtenances, countervailing
the arrears of rent then due to this deponent: And
this deponent further saith, that at the t'lne cf affix-
ing the copy of the said declaration in ejectment
as aforesaid, he had power to re-enter the said mes-
sua£»e, (or, *' lands, tenements or here;litaments,'')
with the appurtenances, by virtue of the said lease,
for the non-payment of the rent so in arrear as afore-
said.
A.B,
Sworn, (SCf.) I. K.
A. B. of the lessor of the plaintiff in this (§ 25.)
cause, and/. K. of gentleman, severally make Jther'wTy, *"*
oath and say ; and first, this deponent /. K. for
U u 2 himself
f f<
'i;
C60
RULES FOR JUDGMENT.
Chap.
XLV.
m
nu-nt, I'ljf the
wlitile pre-
himself saitli, that this ejectment is brought for the
recovery of the possession of a messuage with the
appurtenunceS) situate in the parish of in the
county of , held by C. D. as tenant thereof to
the said J. B.zA. the yearly rent of — • — /. ; and that
he this deponent did on the — — day of instant,
affix a true copy of the declaration in ejectment
hereto annexed, and the notice thereunder written,
upon the door of the said messuage, there being no
tenant then in the actual possession thereof: And this
deponent A. B. for himself saith, that before the copy
of the said declaration in ejectment was so affixed
as aforesaid, there was due for rent to him this de-
ponent, as landlord oi, the said messuage with the
appurtenances, from the said C. D. the tenant
thereof, the sum of— — /. and upwards, for
then elapsed ; and that no sufficient distress was then
to be found upon the said messuage with the appur-
tenances, countervailing the arrears of rent then due
to this deponent : And tnis deponent further saith,
that at the time of affixing the copy of the said de-
claration in ejectment as aforesaid, he had power
to re-enter the said messuage with the appurte-
nances, for the non-payment of the rent so in arrear
as aforesaid.
Sworn, (^V.) ' . J. K.
next after
in the year of
king George the Third.
Doey on the demise of J. B. \ Unless the tenant
Hoc * in possession of (or, if
ths jiremises arc untenanted, '* Unless some person
clajininfj- title to") the premises in question, shall
appear
appea
\^i ju
the n
inotioj
J^oc, oi
Roe. .
of part
plead t<
he entei
dant Re
such pai
Upon th
T>oe^ 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<j
the saij
thereii
There
rccpvd
JUDOMEKTS BY DEFAULT.
cnlarly described iii the above affidavit, — and an-
other copy of the said declaration and notice deli-
vered to^. D. sister of che said C D. should not be
deemed as good service thereof, as if they had been
personally served upon the said C, D. : And it is
further ordered, that leaving a copy of this rule at
the house of the said C. D. with some person living
there, and delivering another copy of this rule to
the said E. F. above-mentioned, shall be deemed
as good service thereof, as it' personally served on
the said C D. Upon the motion of Mr. — .
By the Court.
C63
Chap.
XLV.
As yet of term, in the year of (§ .31.)
the reign of king George the Third. ;^"''K!"P"t f"''
Witness Edward Lord EUcnborough. m, d,v,t, by w,.
gina/, with h
- to wit. John Doty on the demise of ^/. B. remittitur dam.
puts in his place I.K. his attorney, against Jiuh~
ard HoCj in a plea of trespass and ejectment of
farm.
to wit. The said JRkhard Roe m person, at
the suit of the said John JJoe, in the plea aforesaid.
to wit. Richard Roe was attached to an-
swer John DoCf Uc. (copy the declaration to the
end, omitting the notice, and proceed on a new line
as follows:)
And the said Richard Roe, in his proper person,
comes arid defends the force and injury when , i<c. and
says nothing in bar or preclusion of the said action of
the sa.\d JohnDoe: whereby the said7b/i»y^oe remains
therein undefended against the said Richard Roe :
Therefore it is considered, that the said John J)oe
recover against the said Richard Roe, his said term
U u 4 yet
na.
mi\n
I 'I
C6i
JUDGMENTS BY DEFAULT.
CriAP.
XLV,
yet to come of and in the tenements aforesaid with
the appurtenances, andalso his damages sustained
by reason of the trespass and ejectment aforesaid :
And hereupon the said Jo/m Dot freely here in
court remits to the said Jiuhurd Jio^, all suph da-
niages costs and charges as might or ought to be
adjudged to him tJie said John J)oe, by reason of
the trespass and ejectment aforesaid ; therefore
let the said liichurd Roe be acquittccj of those da-
inagi^s costs and charges, &Ct'. And hereupon the
said John Loe prays the writ of the said lord the
Jiing, to be directed to the sheriff of the county
aforesaid, to ca se him to have possession of his
said term yet to co^ie of and in the tenements
aforesaid with the appurtenances; and it is granted
to him, returnable before the said lord the king,
on wheresoever, (&Cf.)
I
f
« 32.)
The iike, by
but.
(Entry of warrants of attorney, as in the last.)
to wit. Be it remembered^ that in —
term last past, before our lord the king at Weshnin-
ster, came John l;oe^ by /. A', his attorney, and
brought into the court of our said lord the king be-
fore the king himself then there, his certain bill
against Richard Roe, being in the custody of the
marshal of the marshalsea of our said lord the king
before tli6 king himself, of a plea of trespass and
ejectment ; and there are pledges for the prosecu-
tion thereof, to wit, John Den and Richard Fen ;
which said bill follows in these words, that is to say ;
• to wit. John Doe complains of Richard Roe,
being; in the custody, 6(V. (here copy the declaration
to the end, omitting the pledges and notice, and
then proceed on a new line as follows : )
And
tONSENT-RUL£S.
And now at this day, tliat is to say, on
next after ii» this same teim, until wliicii
day the said Jiicftattl Hoc hud leave to inijuvrl to
the said bill, and then to answer the same, ^''t•.
before our said lord the kin}^ at H'esfniinslcrf cnnw
as wcU the said John Doe, by his attorney afore-
said, as the said Jiuhuid Roe in his proper person ;
and the said Richavd Roe defends the force and in-
jury when, S(c. and nays notliiiij^ in bur or preclu-
sion, He. (as before, inaking.thc writ of possessio^i
returnable on a day certain.) -. i^^,^'. „{|f f,-,, ,, ^^
«CI
Chap.
XLV.
In the King's Bench.
•; term, in the
7-»l'U,
r
»!?••;■',
^>
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<V.)t And it is further ordered, that if upon the
trial of the said issue, a verdict shall be given for
the said C. D. or it shall happen that the plaiytilY
shall not further prosecute his' said writ (or " bill"),
for any other cause than for not confessing lease
and entry, and also ouster subject to the condition
aforesaid, then the lessor of the plaintiff shall pay
to the said C. I), costs in that case to be adjudged.
By the Couyt.
I
Doc, on the demise of y/. B. ) It is ordered, that
u
F. landlord of
Rule ill K. li. Roc
for adinittiiig , . • /• i • •
thf laudi'jrd to the tenant in possession or the premises in question
4wknd»&c. jj^ ^j-jjj, cause, shall be joined and made defendant
- with the said tenant, if he shall appear : And the
said E. F. desiring, if the said tenant shall not ap-
pear, that ho may appear by himself, and consent-
ing that in such case he will enter into the common
rule to confess lease entry and ouster, in such man-
ner as the said tenant ought, in case he had appear-
ed ; (or if the rule be special, to conix-ss lease and
entry only, say '* to confess lease and entry only, i
without
CONSENT-RUI.ES.
6C5
' t he attor.
I. be made
tgnilty;")
i lease and
)laint'uV, in
isov by the
1, bi't not
sucli actual
be ciilered,
5ue, the Saul
y, and also
, whereby,
; if upon the
be given for
the plaiytiff
(or "bill"),
fessing lease
he condition
tiff shall pay
be adjudged,
the Couxt.
J ordered, that
'. landlord of
ES in cn-iestion
ade defendant
lear: And the
It shall not ap-
, and consent-
to tlie common
•, in such man-
he had appear-
nfess lease and |
and entry otdy, |
withoiU
without ouster, unless an actual ouster of the lessor Chap.
of the plaintiff by the said C. D. or those claiming XI. V»
under him, be proved at the trial ;") leave is given to
the said E. F. pursuant to the late act of parlia-
ment, if the said tenant shall not appear, to appeaf
by himself, and upon his entering into such com-' '
nion rule, to become defendant in tlie stead of the
casual ejector, and to defend his title to the said
premises without the said tenant: The plaintiff ne- '
vertheless is at liberty to sign jndgment against the
casual ejector ; but execution thereon is stayed, un-
til the court shall further order. Upon tiie mo-
tion of Mr. .
By the Court.
It is ordered, that E. F. landlord of the premises (§ n?).)
in question, be joined and made defendant, tosic- l^'"^^'''^'" '"
ther with C. D. tenant in possession of the premises Picas.
in question, in the common rule by consent in ' .
ejectment, instead of the casual ejector, in case the ' ■
said C. I), shall appear: And it is further ordered,
that in case the said C. D. shall nc-lect to anncar,
the said E. F. may appear by iiiniself, and defend
his title to the premises in question, pursuant to
the late act of parliament ; lie hereby consenting to
enter into the like rule that the said C. J), by the.
course of the court, in case he had appeared,
ought to have done:- Nevertheless, the ])laintiir
shall be at liberty to sign judgment against tlie ca
siial ejector ; buf execution is hereby stayed, until ,. •
this court siiall make further order therein : And
by consent of counsel for the said E. F. it is fur-
ther ordered, that the said E. F. upon the trial to
be had, shall admit iiim.self to be in t'le actual po:i-
scssion
" I ' -■
^TO APPEARANCE AND PLEA, &C.
Chap. sion of the said premises. On the motion of Mr.
XLV. Serjeant Shepherd, for the said £. F.
By the Court.
(§ 40.) .— - to wit. Appearance for CD. at the suit
Vf<pc,f,' for ap- QlJohn Doe, on the demise oi A.B.
pearance, by
oviginai,
term, (^Cc.)
CD "V And the said C. D.
ats. [-by L. M. his attor-
/)oe, on the demise of ^.5. -'ney, comes and de-
fends the force and injury when, 5("c. and says
that he is not guilty of the supposed trespass
and ejectment above laid to his charge, in man-
ner and form as the said John Doe hath above
thereof complained against him : And of this he
the said C. D. puts himself upon the country, &"c.
(§41.)
Plea of hot
gwilty.
(§ 42,) CD , . N Upon hearing the
Jtidgc's order ats. f attornics or agents on
farparttculurs. ^ \ °
Doe, on the demise of Jl. B. ' both sides, and by
consent, I do order that the plnintiflF do deliver to
the defendant's attorney, the particulars of the pre-
mises for which this ejectment is brought ; and in
the mean-time, all further proceedings in this cause
be stayed. Dated the day of 1 8 — .
I do hereby give you notice, that this ejectment
is brought for the recovery of messuages, (iSCf.)
with the appurtenances, situate in the parish of
in the county of . Dated, (6(V.)
(§ 43.)
Particulars of
premises, for
which tlie
ejectment i«
brwiight.
Yours, &c.
To Mr. L. M.
defendant's attorney.
/. K. plaintiff's attorney.
ia«
Court,
t the suit
rm, (8Cc.)
id CD.
his attor-
, and de-
and says
1 trespass
, in man-
ath above
of this he
ntry, 3Cc.
earing the
r agents on
s, and by
o deliver to
, of the pre-
Tht ; and in
in this cause
- 18—.
lis ejectment
Hiagcs, (&Cf.)
ansh of
iff's attorney.
671
Chap.
XLV.
(§ 44.)
The like, for
which it i;i de>
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-
in<j: the name of the r>3al 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<c.J
Xx 2 As
;: i.
%
f
\m
l|:'
I
iie
.JUDGMENTS.
i
y.
Chap.
XLV.
.Tudnmeiit fat
the plaintiff,
by rof(Hovit ac-
tionem, rclictn
vc'ifuat'ioiip, of-
trr issue Joi II-
ti<l, with a tr-
milliliir dnmiw,
by original.
.Uulginf^nt ,
signed, (&c.)
'■ ■ ■ '-■ As yet of term, (5<"f.)
(Entfy of warrants of attorney, as before, p. 663.)
to wit. C. D. was attachod to answer yo//w Doe^
Kc. (copy the issue, to tliecnd of the award of the re-
nire fdci'ax, and proceed as follows ;) At which day,
before our said lord the k'm^atJre.sfrtiinster, come the
parties aforesaid , l)y their attornies aforesaid ; and
hereupon the said C. I), reiinquisliing his said plea by
him above pleaded, says that he cannot di;ny the ac-
tion of the said./o//« Doc, nor but tliat he the said C.I).
is guilty of the trespass and ejectment above laid to
his charge, in manner and form as the said John Doc
bath above thereof complained against hiin ; and
he confesses and admits that the said John Doe hath
sustained dam:igcs, by reason of the said tvcrspass
and ejectment, to the sum of , besides his
Costs and charges by him about his suit in this
behalf expended : And hereupon the said John Doe
freely here in court remits to the said C. D. the re-
sidue of the damajjcs in the said declaration men-
tioned ; and* he prays judgment, and his term yet to
come of and h\ the tenements aforesaid with the ap-
purtenances, together with his said damages so con-
fessed, and his costs and charges aforesaid, to be
adjudged to him, 6(V. Therefore it is considered, that
the said John Doe do recover against the said C. D.
his said term yet to come of and in the tenements
aforesaid with the appurtenances, together with the
damages aforesaid, to the said sum of , in form
aforesaid confessed, and also /. for his said
costs and charges, by the court of our said lord
the king now iiere adjudged to the said John Doe,
and with his assent; which said damages costs and
charges
JUDGMENTS.
rhai'Tcs in the whole amount to /. ' -d here-
upon the said John Doe prays the wi'it of ou» jaid lord
the king, to he directed to the sherirt' of afore-
said, to cause him to have possession of his said
term yet to come of and in the tenements aforesaid
with the appurtenances ; and it is granted to him,
returnable before our said lord the king, on
wheresoever, &V,
67T
Chap.
XLV.
I
m
.(To the end of the issue, and then as follows :) (5 .iii.)
At which day, before our said lord the kincr at J''^ '''^''' *','.''
•^ ' c" the jilMiiiliit, its
Westminstev, conje the parties aforesaid, by their *" p-""' "• <''t:
aitornies aloresaid ; and hereupon, the said C. /-'. n.ithttiuiVii-
as to , parcel of the tenements in the said de- J,""*,),'''' "J'ta'
claration mentioned, relinquishing his said plea by the rcsitlui.'.
him above pleade*!, says that he cannot deny tlie
action of the said John Doe, nor but that he the said
C, D. is guilty of the trespass and ejectment iibo\e
laid to his charge, in manner and form as the said
John Doe hath above thereof complained against
him: And upon this the said John Doe says that he
will not further prosecute his suit against the said
CD, for the trespass and ejectment in the residue
of the tenements aforesaid ; and he prays judgment,
and his term vet to come of and in the said
with the appurtenancesj parcel, Kc> 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<l ntt.K il-
C. f) defendant. ,„e„t f,„ noa-
L.M. of gent, maketh oath a m.I saith, that 'JIJJ'j"'"^ *"*
he this deponent did on tjie day of >
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, {&<c.)
THE END.
h37
Chap.
XLV.
f 688 ]
ERRATA.
Page 4. (5 i.) in margin, for rflrles read arf teles.
J 8. (§ 3.) line 1. Jbi' l> 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\\
' '■' <h.i
690
INDEX.
2 r. For Iiirf of liorsrs, ^t*. 80
23. — horsonieat, iVf. 81
23. — agistment of cattle. ib.
^.\. — freight, (Sff. ib.
2 J. — cl'.'miirrage. ib.
26, — liglileiage. ib.
27. — ficc'liold premises, bargained
and sold. ih.
a8. — copyhold premises, surren-
dered. 82
29. — leasehold premises, assigned.
ib.
30. — live and occupation of a
house, .Sv. ih.
31. The hke, of rooms. //;.
32. On a promissory note, payee
si^^ain-t drawer. ib.
33. rht like', indorsee against draw-
er. //).
34. On a I)'!! of exciiange, payee
attain ;t a' ceptor. 8-
55. TIiC h'ke, payee against drawer.
ib.
56. The like, indorsee against ac-
cop'or'. ib.
37. 'i'iie like, indorsee against draw-
er, ib.^
38. On a numev-bond. ih.
39. Op. an annuily-bond. ib
40. By the assignee of a h(-nd. 84
41. *ihe like, another way. ib.
42. For costs, on an order of nisi
prins made a rule of c urt. ib.
43. On a judgment. 85
44. Th;; like, on a dna.stavit re-
turned, aguin«t an administrator, ib.
45. For periahies on tiio lottery act
86
46. Dy me of several partners, for
goods sold. ib.
47. — a surviving partner, f<)r
goods sold. ib.
48. — baron and feme, for work
and kibour, and materials, ib.
40. The like on a bond, for the ar-
rf^ars of an am.'jity. 87
i;o. Bv the assignees of a bankrupt,
for goods sold. ib.
J I. The like, on a bond assigned (0
the bankrupt. 87
52. By a .surviving assignee, on a
judgment. 88
53. — an executor, for goods sold, ib,
54. — executors, on a judgment re«
covered by the testator. 89
In detinue. ib.
In trover, for goods. ib.
The like, for a promissory note.
90
The (ike, for a bond. ^h.
For an assault on board a ship.
ib.
57-
59-
For other PunposES.
60. Of execution of articles of clerk-
ship. 4
61. Of service under articles. 5
63. Of payment of stamp-duty. 6
63. In suj)port of petition to sue in
fonii/t jxiuperis. 9
64. Of >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><tody ot tlie marshal. 128
I. The like, where the cause of ac-
tion arises, and the bill is Bled in
vacatiop. ib.
See Certiorari, 8, 9. Declaration, 6,
Sfc. Entries J ^. Error, zS. Re
turns, 44, 5.
BILL OF EXCEPTIONS. 455.
BILL OF MIDDLESEX
CAPIAS AD RESPONDENDUM
1. By original.
2. Indorsenu-nt thereon.
4?
1. Not bailable.
2. Indorsement thereon.
19
ib.
Alias, Fluries, l^-c.
3. ylUun or pluries bill of Middlesex,
not bailable. ib.
4. Bailable. 21
5. Indorsement thereon. ib.
6. Alias or pluries bill of Middlesex,
bailable. 22
7. Non omittas bill of Middlesex, ib.
See Entries, i. Notices^ 18. Pne-
cipes, I, 2. 5. 7.
BOND
For Pirformance of Cove-
nants,
Proceedings in debt on, under stat. 8
Sfi) ^'. III. c.ii. §8.
See Entries, 3 5. Inquiry, 4, ^c. Jn-
qnisiiion, 3. Judgments, 30. 39.
87. Posleas, 15. 6'c<>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 <if hccond delive-
rance. 636
CASSETUR BILLA vel
BREVE.
See Judgincnls, 63, 4.
CERTIUCATE
1. Of clerk in court, on proceedings
iiw utiaw ly. 62
2. Of gaoler, for the discharge of a
prison r. 131
3. Of master, on the meniorial of a
juilgment. 316
See JJftdatils, 94. 97.
CERTIORARI
BrroRE Judgment.
1. To remove a cause from an infe-
rior court. 1^8
2. To the mayor, Sfc. of Londtm, to
remove a billorigiiial, and attach-
ment. 2^,
3. To the mayor, ^-c. of Bri.stol, to
remove all plaints and aituch-
ments. , i ^g
4. To
1^4
INDEX.
6'JS
4. To remove a plainl from ihc CV-'^i-
tiioii I'Iciis at Lancasttr. it).
After Judoment.
5. To rtMnove tin.- transcript of a
jiklniin-iii, tV- »Jii lilt! slututc 33
(Jto. III. f. 6S. 14&
6. K«)r original writ. 515
'''' In Error.
7. For a warrant of aitorncy. £;iH
8. l).il. 'usS
9. — bill and warrant ol' atloin' v.
52.;
See F.rror, a 5. 3^1. Grertt-SvsxUms.
Pr(Cc/f)i.s, 31, 2. Pio idend)., 2
liclunis, 42, 3, 4, 5. liutcs, 6. ic,
II.
CINQUE-PORTS.
See Process, 4.
COGNOVIT ACTIONEM.
r. Confession oftlie action, in assump-
sit. i6t;
a. Tlir like, in debt. //y.
3. Tlie like, nlictd vcrificatioyic. 1 66
S< e .Judqmnits, 15, iV- 76. 104.
If^irrunt uf Altonuijy 3.
COMMITTITUk PIF.CE. 131
See Entries, 32, 3.
CONSENT-RULE.
Sea Ejectment, 20. f/«/i"5, 21,2. 3,
CONSTABL''.
See Demand^ i ,
CONTINUANCES
By Imparlance,
1. By bill. if!8. 262
2. Tlie liivc by original, between cK'-
claration and plea. 1S9
\, Tlie liU', luitu'cn pica and rf-
p'ieiilion. ii^o
Dv V ict euMEl NON MHIT BR I- V IC,
4. On an «//«» rapiag. 30
5. Ti.e like, on jury |)roee'!s 1 v b'lj.
203. 2&9
6. Tlie lil.*', by orij^ii al. 203
Bv CtRIV AOVISAKI Vei.T,
7. C>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<i /!«?«. ' 306
24. In irc'^pass. 304
25. In sc/jryrt67«A' against bail. 4:6
26. In error. 54-
27. In replevin. 604, 5
a8. In ejectment. 663
Of Issues.
29. Entry of issuv, by bill, 202
30. The like, by oiij^inal. roj
31. Tiie hke in scire fucins, aiul a-
ward ot' e.s:eculion, ..V^-. alter ver-
dict. 426
Of Judgments.
See Jttdgjnenls, 5^^, Sfc.
Of Co.MMlTTITUKS AND SATIS-
FACTION.
32. Entry or minute of render, and
commitmint. 10;
33. of comtniuitiir in execu-
tion. 131
34. of satisfaction. 409. 5 c; 4
35. The like, alter entry o(,A"m /i:/-
67V/S and return, <jn suit. 8 and i,
JV. 111. f. 1 1. 5 S. 410
See Conlinuunces. Judgments, 79, tV'-'
88.90. /iw/f-f, 2,3. Scire facias,
•53. Stigi^cstiom.
ERROR .
1 . Writ of, for reversing outlawry.
2. Assignment of errors thereon, ib.
3. Writ of, corum nobis. 494
4. Tlielihe, a^ier an abatement of a
former writ. 495
;. Tlieiike, fiom the Common Pleas
to Ihe Kiig's B'mb. 496
6. TheKke, in debt 7;// ^>'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<f:rlocuioty judgment, ib.
5. The like, and award of inquiry
into a county-palatine. 263
6. The like, with a m«///jV«r of part
of the damages, after the retura
of the inquiry. 264
The like, with a suggestion of the
death of one of the plaintiffH, at the
reiurn of the inquiry, 265
8. The like, against an executor or
administrator. ilt,
9. The like, where the damages are
assessed by the court. 266
10. }n debt on a mutuatus by bill, of
the same term witli the declaration.
267
II. The like, in debt on bond. 269
12. In debt on statute, as to one
count, and «o//c prosequi to two
oti.ers, after plea. 274
Bt/ Non sum informatus.
13. In assutnpsit by bill, of the same
term wilh the declaration. 275
14. The like, in debt. 276
By Confession.
rj. Judgment by cot^novit actionem
et damna.'ni assumpsit by bill, of the
same term with the declaration, fb.
16. Tiie like, against an executor or
administraUr. 2 77
17. Judgment of assets in /w/wro, on
a plea ofp/ene adminisiravit, in as-
sumpsit. 2 78
t8. The like, ofassets acknowledged
in j)art, and for the residue of asiuts
in
INDEX.
709
01' jV actionem
t by bill, of the
eclaralion. ■'b.
an executor or
277
iinfuturo, on
imravit, inas-
278
acknowledged
esidue ofasicls
in
infulttro, ou a plea ofplene ndmi
nistravit prater, in assumpsit. 279
19. The like, against the lands and
chattels of a utiFendant discharged
under an insolvent-act. 280
20. Judgnriont by cot^novit actionem
in assianpsitf after issue, relictd ve-
rificationts 281
21. The like, in debt on bond, be-
fore plea, of the same term with
the declaration. 282
22. The like as to part, of a dif.
ferent term, with a remiititur as to
the residue. ib
23. The like, against an executor or
administrator. 283
14. Judgment of assets ?»/j//ttro, on
a plea of plciie administravil, in
debt. 284
2 ;. The like, of assets acknowledged
in part, and for tlie residue of assets
in futurOy on a plea of plene ad-
ministrav it prater, in debt. 285
i6. The like, against three execu-
tors, where one ^\cz.ih plene admi-
nistravit prater, another p/c7ic ad-
7Mi»<«mp/^ generally, and the third
lets judgment go by default. 286
27. Judgment by cognovit actionem
in debt, after issue, relictd verifi-
cutione. 288
On. Demurrer
28. To declaration in assumpsit, ib.
29. Tiie like, after continuances, on
demurrer to one count of a decla-
ration in debt, and award o{ venire,
to try the issue on other counts,
and assess damages on the first,
with a unica taxatio. 289
30. To p!ea in debt on bond, after
a suggestion of breaches, 6{c. on
Stat. 8 <5f gfr. Ill.c. II. § 8. 291
31. To a replication. ib.
52. To a replication to one of se. ;.^-
ral pleas in trespass, w\ih. z relictd
verificafione as to another. 202
3. The like in abatemeut, on de-
murrer to a rejoinder. ib.
On Nul tiel Record.
34. On a plea of nul tiel record, in
debt. 293
35. On a replication ofml tiel record^
in assumpsit. 294
On Verdict
36. In assumpsit, in a town cause, il;
37. The like in a country cause,
with a continuance after verdict by
curia advisari vult. 297
38. The like, on a special verdict.
298
39. The like, after verdict, and as-
sessment of damages, on stat. 8 ^^
9 W. III. c. 1 1 . § 8. ib.
40. On a verdict in assumpsit, again«;t
an executor or administrator. 299
41. On a verdict in debt. 300
42. In debt qui tarn, where part is
found for the plaintif}', and part for
the defendant. ib.
43. The like, against an executor or
administrator, where the jury find
assets to the amount of pai t of the
debt. 301
44. The like, against an heir. 302
45. In detinue. ib.
46. Tiie like, where part is found
for the p. .iulift', and part for the
defendant. 303
For the Defendant,
On a Nonpros, &c.
47. For want of a declaration, on
common process by bill. 304
48. The like, by original. 305
49. The like, on bailable process by
bill. ib.
50. The like, in a county-palatine.
306
51. The like, after the defendant's
apoearaiice on an exigi facias, ib,
52. The like, in debt ({ui tam. ib.
53. For not replyinj^.
^4. For not entering liic issue.
55. As in case of a nonsuit.
Zz
;6.
307
308
309
Of
706
1 N D L X.
!■;
Ill
56. Ofnou-suit. 309
57. The like, 011 the /fWf/i judica-
ture art. t^-
On a Discontinuance, or Nolle
prosequi, &<-•
58. Entry of discontinuance, hy bill,
310
59. The like, by original. ib.
60. On a nolle prosequi. if>.
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//<// Aate/, by ori-
ginal. 34. 647
4. Nan est inventus. 1 10
5. Cepicotpus,etpuratumhabco. ib.
6. Cepi corpus as to one defendant,
and non est inventus as to another.
ih.
7. Rescue. ib.
8. Di^^charge on supersedeas. 1 1 1
g. Delivery over on habeas corpus.
ib,
10. Languidus in prisona. 112
It. Afvndavi buUivo, &c. ib.
Op Process of Outlawry.
J 2. Return to exigi facias. 47
Of FtVAt Procsss.
18. Nulla bona. 333
1 9. — ^-, and that the defendant is»
beneficed clerk, ^c. ib.
to. Nulla honu tcstatoris necpropria,
in an action against an executor or
administrator. 334
21. The like, yi'iih ^ devastavit, ih.
22. Fieri feci. ib.
23. The like, upon a mandavi bal-
tivo. 335
24. /^/m/eci for -par'^ and nulla bona
as to the residue. ih.
25. The like, and that the sheriff
has paid part of the sum levied to
I the landlord for rent. iiu
a6. The like, upon a mandavi hal-
livo, under special ciicum.stances.
336
27. That the sheriff has taken goods,
which remain in his hands for want
of buyers. 3 37
28. The like, where part of the
goods have been .wid, and the resi
33«
remain in his Lands, 4'c
29. Of an extent for the king. 374
Cepi corpus. 388
Non est inventus. ib.
Mandavi balliio. ib,
writ
30
31
32
33. Elongata, to a
habendo.
13. The like, aflcT a supersedeas. 52
14. ————— to writ of proclamation.
50
15. — another way. 51
of retoruo
626
Of Writs of Scire Facias.
34. Scirefeci. 475
35. Nilnl. ' ib.
36. Scirefeci as to one, and nihil as
to another. ib.
37. To a scj'rejJeri inquiry. 476
38. Nihil to a scire facias against
heirs and tertenants. <| 7 7
39. Nihil as to the heir, and scirefe-
ci to the tenenants of one defend-
ant, and nihil as to the heir and
tertenanti of au'jlher. 478
j Of
716
INDEX.
Or Process in Error, ifc.
4t. Chit'f-justice'.'v. rt-turn, on error
from the Common Picas.
Bv IHE CtERK OF THE KuiES,
On a Praecipe.
;. To pi'jad
41. The like,
on
error from uie
^i i;j,. For jiKlgmffiii on inquiry
16. 'T'he iiVe, cii wire facias.
To certiorirc, that th<;:e is a.i
S06
i a.V
5,ft|
y. ihr. Uke, m •:•' -or.
Side-bar Rules.
24. For sheriff to return writ.
156
479
507
Kinj^'s Bench to the i'li-ctiicqi .c
ci amber. '
orig nal writ.
^j. that there is no^ _
warrant of attorney. ;,' 1 S i '^'
or warrant of attorney, 530
109
to b !ng in I he body.
114
46. Rel'i; n to writ cf lalse-judgment
570
^'".e Ejectment, 8. Entries, 11. In'
quiiij, 7. I nqiiisitioDiy 2. 7, Be-
plcnn, 14. Rtilei, 24, 25, 5cjrtf
, , Facias, 53. Second Delivtrunce, 4.
Suggestions, 2. , ,,, .
RULES
Given by the Master.
1. To reply. 185
2. For plaintiffto enter the issue. 202
3. For defendant to enter it. ih.
4. For trial by po wo. 211
5. To assign errors, in the KingV
Bench. 508
6. To return certiorari, in error. 516
7. To declare in replevin. 597
By" the Clerk of the Papers.
8. To return paper-book. 201
By the Clerk of the Errors.
9. For better b I il, in error. 502
10. To certify the record, on error
from the Common Pleas. 505
11. The like, on error from the
Kin;i;'s Bench. ib.
12. To alledge diminution. In the
Exciiequer Chamber. 508
13. To assign errors, in the Exche-
quer Chamber. ib.
ten' it ix\ his custody . 131
: 7. Foi- lime, tu' tuiuier time, to dt:*
dare. i : o
28. To discontinue. 18;
29. To be present at taxing costs.
317
On a Judge's Fiat.
18. For admission of prochein ami ia
prosecute. 1 1
19. The like, of guardian to defend.
ib.
On the Muster's allowance.
20. For allowance of writ of error
coram nobis. 50 f
By Consent 0/ parties.
0,1. Consent-rule in ejectment, in
K. B. 666
22. The like, in the Common Pleas.
ib.
23. The like, on confession of lease
and entry only, in K. B. 668
On Signature of Counsel.
30. To bring money into court. 181
3 1 . For a view, by a common jury.
220
32. The like, by a special jury. 221
33. For a concilium, on a writ ol er^
ror. 538
34. For judgment against the casual
ejector, for the whole premises.
660
35. The like, for part. 66 x
36. The
INDEX.
7J7
56. The like, where part of the pro-
misesare tenanted, and part unte-
nanted. 661
3 7. For admitting landlord to defend,
^c. in A'. B. 668
38. The like, in C. P. 669
On Motion,
Absolute in the first instance.
39. For allowance of bail. 104
40. To change the venue. 1 80
41. For bringing back the venue, ib.
42. For costs, tor not proceeding to
trial. 2 10
43. The liko, in ejectment. 673
To shew Cause.
44. For sale of issues, upon writs of
distringas. 3 5
4^5. For judgment as in case of a
nonsuit. 212
46. For computing interest, on an af-
firmance in the Exchequer-cham-
ber. .552
47. In ejectment, why service on the
tenant's niece should not be good
service. 661
48. — why service on the landlord,
and a tenant of part of the premi-
ses, being his steward, i^c. should
not be good service. 662
49. To authorize the tenant to con-
fess lease and entry only. 667
50. To ^lay proceedings in ejfctment,
until a guardian be appointed tbi
an infant lessor, loau'^wer costs. 671
51. The like, tilt security be given
for co-Is. ib.
52. The like, on payment of rent,
ifc. 672
53. For execution a;jainst the Casual
ejecior, wiiere ihr landlord lia^;
been made defendant, and failed at
the uial. 680
Sqq Affidavits, 4a.
SATISFACTION.
See Entries, 34, 5. Warrant qf Attor-
neif^ 5.
SATISFACTION-PIECE. 409-
SCIENDUM. 216.
SCIRE FACIAS ..
AGAINST Bail,
Writs of.
1. On a recognizance, by bill. 411
2. The like, by original. 413
3. On a recognizance taken before a
commissioner. 415
4. On a recognizance taken before a
judge, on error from tlie Common
Picas to the King's Bench. 416
5. The like, on error from the King's
Bench to the Exchequer-Chamber.
417
6. The like, where the recognizance
was taken in court. 420
7. Alias scire facias. ib.
Proceedings in.
8. Declaration in scire facias against
bail, upon the return of scire feci.
434
(). The like, upon two nihils re-
turned, ib.
10. Issue in scire facias against bail.
425
Ox Judgments,
Writs of.
t r.
12.
'3-
14.
In assumpsit.
In debt.
In covenant.
In case.
436
437
ib.
•S«
In trespass.
16.
ib.
For
7 IS
INDEX.
1
1 6.
i8.
19.
For the vlefcndanl, for costs. 437
To a county-piilatine. 438
After a Ibrmer revival* 439
Alius scire facias. 479
Pending Error.
20. On a judgment of the Common
Pleas. 440
21. On error from an inferior court.
ib.
After Affirmance^ Sfc.
22. On a judgment of the Common
Pleas, affirmed in the King's
Bench. 441
23. The like, after a judgment of
the King's Bench affirmed in the
Exchequer-chamber. 442
24
non-pros on a
The hke, after
writ of false-judgment. 443
for Matters arising after Judgment.
In debt on annuity-bond,
suliscqucnt arrears, on
9 /f. III. c. II. §8.
stat.
for
8&
447
26. The Hke, in debt on articles of
agreement. 449
i"]. The like, in the Exchequer, in
debt on annuity-bond, alter a for-
mer scire facias. 45 1
28. Scire fieri inquiry. ^53
29. Against an executor or admini-
strator, on a judgment of assets
qnando acciderint. 455
30. Against the future effects of a
bankrupt, whose estate did not pay
fifteen shillings in the pound, un-
der a second commission. 456
Jfter Marriage.
31. By baron and feme, on a judg-
ment recovered by the feme dutn
sola. 460
32. Again'it baron and feme, upon a
judgment recovered against the
tenic ditm sola. ibi
4ficr Bankruptcy.
33. By the assignees of a bankrtipt,
on a jud^ent recovered befof*"
the bankruptcy. 46 1
On Death b^'ore final j^udgtnent.
34. By or against ah execator or ad-
ministrator, on the 8 & o fV. 111.
c. 1 1. § 6. where one of the par-
ties dies after interloaitory judg-
mentj and before the issuing of a
writ of inquiry. i&.
35. The like, where the death hap-
pens after the issuing, and before
the execution of the mquiry. 463
36. The like, where the death h4p-
pcns after the execution, and be-
fore the return of the inquiry. 465
On Death after final Judgment.
37. For a surviving plaintiff. 467
38. Against a surviving defendant.
ib.
39. For an executor. ib.
40. Against an executor. 468
41. For an administrator. 469
42. Against an administrator. 470
Against Ifeirs and Tertenants.
43. Against tertenants. ib.
44. Against a surviving defendant,
and tlie heir and tertenants of ano^
ther. 47 1
45. For the residue, by an executor
or administrator, against the heirs
and tertenants of several defend-
ants. 473
Proceedings in.
46. Declaration in scire facias, upon
the return of sc/rc,/ea. 483
47. The like, against three defend-
ants, where one appears, and the
otiiers make default. 484
48. Tlie like, on two n/Ai7« returned.
ib.
49. The like, against an executor.
48s
50. Declaration in scire facias for
the residue, i)y an executor or ad-
ministrator, against the heirs and
tertcnante
INDEX.
719
tfefof:
461
ment.
r or ad-
IV. 111.
the par-
■y judg-
ing of a
it.
ath hap-
before
y. 463
;ath hip-
and be-
liry. 46 s
s;tnent.
fl'. 467
Icfendant.
ib.
ib.
468
469
tor. 470
tenants.
ib.
defendant,
ants of ano^
47 »
an executor
ist the heirs
;ral defend-
473
I.
facias, upon
485
hree defend-
■ars, and the
484
hils returned.
ib.
an executor.
485
re facias for
xccutor or ad-
tlie heirs and
tertenante
terlenants of several defendants,
where the heir of one defendant
appears, and the tcrtenants mak(
detault, on the return of scire feci,
and two nifuh are returned, as to
the heir and tertenn Uof the other
defendant. 4'^5
51. Issue in scire facias on judg
ments. 487
After Outlawry.
52. Upon the pardon of an outlawry
by the king. 73
53. The like by statute, and entry ot
return thereto. 74i 5
54. To REPEAL Letters
PATENT. . 487
Ix ErroRv
51;. Ad audiendum err ores, on error
from tlie Common Fleas. 5 1 9
56. The like, on a judgment in tcire
fncias against tertenants. ib.
57. The like, on error from an infe-
rior court. 520
$8. The like, on error to reverse an
outlawry,in the King's Bench. 52 1
59. Tlie like, on error to reverse a
common recovery. 522
60. Hiuire reiitittitionem non, after a
judgment reversed in the King's
Bench. 565
61. The like, after a judgment re-
versed in the Exchequer-chamber.
566
In Replevin,
62. Against the pledges for a return,
afler a non-pros for want of a de
cla ration. 629
6^. The like,on a plaint levied in the
sheriff's court oi London., and re-
moved into the King's Bench. 63 1
In Ejectment,
64. For the plaintilF. 68^'
See Appearance, i . Capias ad satis-
faciendum, 18, 19. Elegit, 5. Er-
ror, 17. 27. 35. 38, 9. Fieri Fa-
cias, i<), 2Q, 21. 46, 7. J/Ujui'
sition^ 5. Judgmous, 7 i , \c. 79,
80. Ihtnrns, 34, ^-c. Hides, 16.
Suirgestions, 5.
SECOND DFLIVERANCE
1. Awardof writ of. . 6j|
2. Writ of. d34
3. Tile like, another way. ib.
4. Return to writ of. 63;
;. Declaration on writ of. ib.
See Capias in Withernam. lietomt
Hahcndo.
SEQUESTRATION. 345. 347.
SET-OFF.
See Notices, 55. Postcas^ 25.
SHERIFF. -
See Affidavits, 73, 4. Attachment^ 4.
Declaration, iy I. 5. Habeas Cor-
pus, 8. Notices, 54. Order, 2,
Process, I. Returns. Rules, 2^, ^,
Venire Facias, 9. 1 2. Suggestions,
I I, die.
SPECIAL VERDICT
In ejectment. _ 6;jj
See Judgments, 38.
STATUTE OF LIMITATIONS.
See Entries, i, 2, 3. 6.
STATUTE-MERCHANT.
See Capias si Laicus. Extent^ 4.
Levari facias
STATUTE-STAPLE.
See Extent, 5. Liberate.
STAYING PROCEEDINGS.
See Rules, 50, 51, 2.
SVBPGEYA
120
r N D E 5C.
SUBPCENA
1. On outlawry.
3. — writ of inquiry.
3. Subpcrna-Cickat.
4. Cm a trial.
i;, Sul'pa'iia-Ucket.
6. Suhpw'ia duces tecum.
See Piacipesj 23, 4.
66
176
iO.
325
226
337
SUGGESTIONS
OF Breaches,
f . In dobt on bond, after pica of won
est factum, with award of venire,
titm ud trianduin (juuin ad iiujuirtn-
dum. 194
2. Tliu like, after judgment by dc-
liuill, on Stat. «"& 9 W. HI. c.
II. § H, with award of inquiry
and reliirn. 270
3. Tiie like, in debt on bail-bond, in
C.i'. 271
4. The like, in debt on annuity-bond,
in the Exchequer, with entry of
satisfaction. 272
5. Assignment of further broach, af-
ter final judgment in debt on an-
Jiuity-I'oncl, to found a ticire facias
for subsequent arrears. 444
t Of Deaths.
6. Of the death of one of the plain-
tiff';, after the issuing of the ori-
• ginal writ, and before declaration.
!94
7. Of the death of one of the defen-
dants, between declaration and
plea. 19^
8. Of tlif death of one of the plain-
trfl's, between plea and replication.
ib.
q. O^ the death of one of several
plainlitTs or defendants, after issue
joined, and before trial. 204
10. Of the death of one of the de-
fendants, after verdict and before
judgment. 299. 314
Of other IVTattkhs.
1 1. That one of the sheritTs is a party
to the suit. 196
12. By theEa«.t India Company,plain-
titls, that one of the shcrifl's is in-
terested, ana proprietor of stock.
197
\ 3. That the sherifTi* a party to the
suit. ih.
14. Tliat the sheritT is of kin to tiic
defendant. 198
1 5. That the shcrifTs and coroner are
interested. ib.
16. For a trial in an adjoining coun-
ty. 199
1 7. On stat. 43 Geo. III. c. 46. §. 3.
to eutitle the defendant to costs,
where the plaintiff recovers less
than the sum for which the defen-
dant was held to bail. 3 1 5
See Affidavits, 93. Jtidi^menls, 7. 69.
SUMMONS
1. Writ of, against a member of the
House of Com mon s . 41
2. Tentatuin smnmons. ih.
3. To stay proceedings, on payment
of debt and costs. 160
4. For particulars of the plaintiflC's de-
raand. 1 78
See Affidavits, y]. Judge's Order.
Pnccipes, 15. Replevin, i). 13.
SUPERSEDEAS
1. To an exigent, quia improvidc,
&c. 51
2. Upon the reversal of an outlawry,
for want of proclamations. 7 1
3. Otherwise, Dy consent of the plain-
tiff's attorney, on the defendant's
putting^ in bail. 72
4. For not declaring upon a latitat.
134
5. The like, by original. 135
6. For not proceeding to trial or final
judgment. ib.
7. The-
INDEX.
721
7. The like, to the warden of the
Fk-et, where llie prisoner had ren-
dered himself in discharge of his
bail in the King's Bench, and vsas
removed to the Fleet hy habeas
corpus, ' 3"
8. For not rharging the defendant in
exfculiun. ' .■ 7
9. Upon the detendanl's putting in
good bail. ib-
10. The like, where the defendant is
in custiKly of the marshal. ib.
11. Upon an extent in aid. 377
See PracipeSfAit RetuniSy 8.
SURVIVORSHIP.
U
UNICA TAXATIO. 1 91. ago.
V
VENDITIONI EXPONAS
Writ of, 6n an outlawty. 56
. ■ . ■■• after judgment. 357
The like for part, andyJm faciat
for the residue. i^.
6ee Affidavits, 47.
tisfaciendmn, 5.
Judgtncnls, 4. 7
37, 8. 44.
5». Capias ad sa-
Fieri Facias, 10.
, 68. Scire Facias,
TERMS
Table of.
AND RETURNS
37
TERM'S NOTICE.
See j.^otices, 25, 6. 40. 50.
TESTATUM.
See Capias ad respondendum ^ 7. Ca-
pias ad satisfaciendum, 9, 10, 1 1
12.
17. 20
tries, 7
l^c. 37
ftions, 2
Distringas, 3, 6. En-
b. 10. Fieri Facias, %■:,
43, 4, 5. 48, 9. Suin-
TRIAL.
See AffidavitSy 82. 66. Notices^ 45
ifc. Rules, 4. 4 2, 3. Subpoena,
4, 5, 6. Sujigestions, 16,
See Distringas, 13, 14. Entries,^.
Returns, 17.
VENIRE FACIAS
Award of, by bill. 187
2. Tlie like, by original. 189
3. Award of, where there are seve-
ral issues in fact. 190
4. The like, where there are several
issues, in fact and in law. ib.
5. The like, wliere there are several
defendants, wlio plead separately.
6. The like, where there are several
defendants, one ot whom pleads,
and another lets judgment go by
dc-lauli. in.
y. The like, as well to try an issue
01; non eit factum, as to assess da-
fqa^eson a (suggestion of breaches,
^m stat. 8 & 9 /r. 111. c. II.
§8. 194
8. The hke, as well to try an issue
in fact, as to assess damages on de«
murrer. 289
9. 1 he like, to one sheriff, the other
being a party or interested.
196,7
10. The like, to the coroner. 197,8
11. The like, to elisors. 198
12 The 1 ke, to the sheriff of the
rext English county, where the ve-
nue is laid in W(iles, 1 99
3 A 13. Tl>«
■ 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,
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