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 ( 2 )
 
 A COMPENDIUM 
 
 OF 
 
 SHERIFF LAW, 
 
 ESPECIALLY IN RELATION TO 
 
 WRITS OF EXECUTION. 
 
 BY 
 
 PHILIP E. MATHER, 
 
 SOLICITOR AND NOTARY, 
 FORMERLY UNDER-SHERIFF OF NEWCASTLE-UPON-TYNE. 
 
 LONDON : 
 
 STEVENS AND SONS, Limited, 119 & 120, CHANCERY LANE, 
 
 SWEET AND MAXWELL, Limited, 3, CHANCERY LANE, 
 
 gato Publishers anb §ao\tat\\tt9. 
 
 1894
 
 MAZ07 s 
 l?94 
 
 LONDON : 
 FEINTED BY C. F. EOWOETH, GEEAT NEW STEEET, FETTEE LANE, B.C.
 
 5 
 
 h 
 
 TO 
 
 The Honourable Sir GAINSFOED BEUCE, D.C.L., 
 
 ONE OF THE JUDGES OF THE QUEEN'S BENCH DIVISION OF 
 HER MAJESTY'S HIGH COURT OF JUSTICE, 
 
 TO* Moxk 
 
 BY PEEMISSION 
 
 RESPECTFULLY DEDICATED. 
 
 rt2
 
 PEEFACE. 
 
 In preparing this Book I have aimed at supplying 
 a good practical work both for under-sheriffs and 
 the legal profession generally, especially with regard 
 to the relative rights and duties of litigants, the 
 sheriff and third parties in case of Execution. I have 
 accordingly omitted matter of mere historical interest 
 and minimized reference to more or less obsolete 
 procedure. This Work, moreover, purports to be a 
 Compendium of Sheriff Law rather than a Treatise 
 on the subject, the former apparently being a more 
 useful form. 
 
 Full information will be found in the opening 
 chapters as to the appointment, qualification, prece- 
 dence and dress of the sheriff, the appointment of 
 the under-sheriff and other officers, with special refer- 
 ence to the office of Secondary of the City of London, 
 and also the duties of the sheriff on the expiration 
 of his term of office. 
 
 Whilst I have dealt individually with all the 
 various Writs of Execution, special prominence has
 
 VI PREFACE. 
 
 been given to the most frequent writ, Fieri Facias, 
 in connection with which I have treated of informa- 
 tion regarding matters more or less applicable to 
 Writs of Execution generally. Four important 
 subjects connected with Execution, viz. : — Com- 
 panies, Husbandry Provisions, Fixtures, and Married 
 Women's Property — have been discussed in their 
 relation to Execution ; and the fullest information 
 has been given with regard to the subjects of, and 
 procedure in, those adverse claims with which the 
 sheriff is frequently confronted in Execution, viz.: — 
 Landlord's Claim for Rent, Bills of Sale and Bank- 
 ruptcy (including Arrangements with Creditors and 
 Voluntary and Fraudulent Dispositions of Property), 
 ])rominence being given to the important subject of 
 Bills of Sale. The sheriff's relief by way of Inter- 
 pleader has also been dealt with at length. 
 
 Of special interest and service to sheriffs and 
 under-sheriffs will be found those chapters which 
 treat especially of their duties in connection with 
 Assizes and Sessions, Criminal Execution, and the 
 Assessment of Damages and Compensation. The 
 concluding chapters are devoted to the subjects of 
 the Liability and Rights of and Remedies against the 
 Sheriff, and the Sheriff's Fees and Accounts. 
 
 It was originally intended to deal with the 
 sheriff's position at Parliamentary Elections, but his
 
 PREFACE. yii 
 
 duties as returning officer being so fully treated in 
 standard works on Parliamentary Election Law, I 
 ultimately decided to avoid unnecessarily lengthening 
 this Work by setting out that branch of the sheriff's 
 duties. 
 
 With a view to convenience of reference, I have, 
 as far as possible, inserted the applicable forms and 
 set out the titles of cases, statutes, and other autho- 
 rities in the body of the Work, whilst I have repro- 
 duced in a separate chapter those Rules of the 
 Supreme Court, 1883, and the Crown Office, 1886, 
 which especially bear upon the subject of this 
 Book. 
 
 For valuable help in compiling this Work my 
 cordial thanks are due to Messrs. F. J. Greenwell, 
 Edgar Meynell, C. Johnston Edwards, and J. M. 
 Bailey, Barristers-at-Law, to the Under-sheriffs of 
 the counties of London, Essex, Oxford, York, Dur- 
 ham and Northumberland, to the Secondary of the 
 City of London, and to Mr. Robert Holtby, Deputy 
 Clerk of Assize and Clerk of Arraigns, North- 
 Eastern Circuit. I am also indebted to Mr. Hugh 
 Morrison Rose, Barrister-at-Law of the Middle 
 Temple, for the preparation of the General Index 
 and Tables of Cases and Statutes, and for other 
 valuable assistance. I have been careful to promi- 
 nently indicate all quotations, especially in view of
 
 Vlll PREFACE. 
 
 my Work purporting to be a Compendium. More- 
 over, any substantial quotations from modern text- 
 books are made with the sanction of the authors, 
 and I take this opportunity of specially acknowledging 
 my obligation to them in this respect. 
 
 PHILIP E. MATHER. 
 
 Newcastle-upon-Tyne.
 
 ( i* ) 
 
 TABLE OF CONTENTS. 
 
 PAGE 
 
 Table of Cases Cited . . . . . . . . xix 
 
 Table of Statutes Cited . . . . . . xxxiii 
 
 Table of Eules and Orders Cited . . . . . . xliii 
 
 Table of Abbreviations . . . . . . xlv 
 
 Addenda et Corrigenda . . . . . . . . xlviii 
 
 CHAPTEE I. 
 Appointment of Sheriff and His Officers. ... 1 — 19 
 
 Appointment and Qualification of Sheriff 
 
 .Under- Sheriff 
 
 Precedence 
 
 Dress 
 
 Sheriff's London Deputy 
 
 Bailiffs 
 
 Franchises, &c. 
 
 1 
 6 
 9 
 11 
 11 
 12 
 18 
 
 CHAPTEE II. 
 Outgoing Sheriff 20 
 
 CHAPTEE III. 
 General Practice 21 — 50 
 
 Introductory . . . . . . . . . . . . 21 
 
 Practice under Eules of the Supreme Court, 1883 . . . . 21 
 
 Practice under Crown Office Eules, 1886 . . . . . . 34 
 
 Procedure genorally as to tho Issue of Warrants and Execution 
 
 of Writs .. .. .. .. . . .. 47 
 
 Procedure against Sheriffs, &c, for not Executing Writs . . 49
 
 TABLE OF CONTENTS. 
 
 CHAPTEE IV. 
 
 Writ of Fieri Facias 
 
 Introductory 
 
 Forms of Writ 
 
 Indorsements on the Writ of Execution 
 
 Warrant 
 
 Time of Execution 
 
 Place of Execution 
 
 Several Writs — Priority of Execution . . 
 
 Concurrent Writs 
 
 Successive Writs 
 
 Seizure 
 
 What Seizable and Not Seizable 
 
 Stay of Execution 
 
 Death of Parties 
 
 Withdrawal from Possession 
 
 Incidental to Seizure 
 
 Duties of Sheriff on Service of Notice of Eeceiving Order 
 
 Sale 
 
 Beporting Eesult of Execution, Eeturn, and Accounting 
 
 Proceeds 
 Forms of Eeturn 
 Fees 
 
 PAGE 
 
 51—98 
 
 52 
 53 
 57 
 61 
 62 
 63 
 63 
 65 
 66 
 66 
 70 
 80 
 81 
 81 
 82 
 83 
 84 
 
 for 
 
 87 
 94 
 98 
 
 CHAPTEE V. 
 
 
 
 Writ of Elegit 
 
 99 
 
 — 116 
 
 Introductory 
 
 
 . 99 
 
 Forms of Writ 
 
 • • • 
 
 . 103 
 
 Execution of Writ 
 
 
 . 106 
 
 Inquisition 
 
 • • . 
 
 . 106 
 
 Charge to the Jury 
 
 
 . 107 
 
 Juror's Oath and Affirmation 
 
 • • • 
 
 . 107 
 
 What may be extended 
 
 
 . 108 
 
 What may not be extended 
 
 . . . 
 
 . Ill 
 
 Adverse Claims 
 
 
 . 112 
 
 Several Writs and Priorities. . 
 
 
 . 113 
 
 Finding of the Inquisition 
 
 
 . 114 
 
 Delivery of the Lands 
 
 • • • 
 
 . 114 
 
 Eeturn 
 
 
 . 114 
 
 Forms of Eeturn 
 
 
 . 115 
 
 Fees . . 
 
 
 . 116
 
 TABLE OF CONTENTS. 
 
 XI 
 
 CHAPTER VI. 
 Writ of Venditioni Exponas 
 
 Introductory 
 Form of Writ . . 
 Execution of Writ 
 
 Warrant . . 
 Return 
 
 Sheriff's Liability 
 Fees 
 
 
 PAGE 
 
 
 .. 117 — 120 
 
 
 .. .. 117 
 
 , . 
 
 .. 118 
 
 
 .. ..118 
 
 . . 
 
 .. 118 
 
 
 .. .. 119 
 
 , . 
 
 .. 120 
 
 
 .. ..120 
 
 CHAPTER Vn. 
 
 Writ of Distringas Nuper Vice Comiteji 
 
 Introductory , . 
 Form of Writ 
 
 121 
 
 121 
 121 
 
 CHAPTER VIII. 
 
 Writs of Sequestration and Fieri Facias De Bonis Eccle- 
 
 siasticis 123 
 
 CHAPTER IX. 
 
 Writ of Habere Facias Possessionem 
 
 Introductory . . 
 
 Forms of Writ 
 
 Issue of Writ . . 
 
 Execution of Writ . . 
 Bond of Indemnity 
 Forms of Warrant 
 
 Return of Writ 
 
 Forms of Return 
 
 Fees 
 
 Incidental 
 
 125—131 
 
 125 
 125 
 126 
 127 
 127 
 128 
 130 
 130 
 131 
 131
 
 Xll 
 
 TABLE OF CONTENTS. 
 
 CHAPTEE X. 
 Writ of Delivery 
 
 Introductory . . 
 Forms of "Writ . . 
 Execution of Writ 
 Fees 
 
 PAGE 
 
 132—134 
 
 .. 132 
 
 .. 133 
 
 .. 134 
 
 , ..134 
 
 CHAPTEE XI. 
 
 
 
 
 135- 
 
 —153 
 
 Introductory 
 Form of Writ 
 
 
 . 135 
 . 138 
 
 Execution of Writ 
 
 
 . 139 
 
 Form of Warrant 
 
 . . . 
 
 . 139 
 
 Inquisition 
 
 Mode and Extent of Seizure 
 
 • 
 
 . 140 
 . 141 
 
 Order of Extents 
 
 . 
 
 . 143 
 
 What may be taken (comprising Crown's Lien) 
 What may not be taken (or only taken subject to 
 Claims, &c.) 
 
 Superio 
 
 . 144 
 
 r 
 
 . 146 
 
 Crown's Priority 
 
 Disputing Crown Debt and Adverse Claims 
 
 
 147 
 . 149 
 
 Discharge of Debtor 
 
 Eeturn on Inquisition 
 
 Delivery of Lands, Goods, and Chattels 
 
 Sale .. 
 
 . . . 
 
 . 150 
 . 150 
 . 152 
 . 152 
 
 Fees 
 
 
 . 153 
 
 CHAPTEE XII. 
 
 
 
 154 
 
 —205 
 
 Introductory 
 Forms of Writs 
 
 
 . 154 
 . 162 
 
 Forms of Orders for Arrest and Committal 
 
 
 . 168 
 
 Forms of Warrants 
 
 . . . 
 
 . 170 
 
 Execution of Writs 
 
 
 . 174 
 
 (1) Initial Steps 
 
 (2) Arrest 
 
 Time of Arrest 
 
 Mode of Arrest 
 
 Place of Arrest 
 
 Exemptions from Arrest 
 
 Non-Exemptions from Arrest 
 
 The Sheriff's Relative Position in Case of 
 
 Liability of Third Parties for Obstructing 
 
 Privileg 
 Arrest . 
 
 . 174 
 . 176 
 . 176 
 
 . 177 
 . 181 
 . 182 
 . 186 
 e 187 
 . 187
 
 TABLE OF CONTENTS. 
 
 Xlll 
 
 Execution of Writs — continued. 
 
 PAGE 
 
 (3) Escape and Eescue 
 
 . 188 
 
 (4) Bail . . . . . . . . . . . 
 
 . 190 
 
 (5) Security 
 
 . 191 
 
 (6) Discharge . . . . . . . . 
 
 . 191 
 
 (7) Re-arrest and Detention 
 
 . 196 
 
 (8) Several Writs . . . . . . . . . 
 
 . 196 
 
 Return of Writs 
 
 . 198 
 
 Forms of Return . . . . . . . . ... 
 
 . 201 
 
 Incidental 
 
 . 205 
 
 Fees . . . . . . . . . . ... 
 
 . 205 
 
 CHAPTER XIII. 
 
 Writs of Venire Facias and Distringas (Process in con- 
 nection "with Indictments) 206 — 210 
 
 Introductory . . . . . . . . . . . . 206 
 
 Forms of Writs . . . . . . . . .... 207 
 
 Execution of Writs . . . . . . . . . . 208 
 
 Fees .. .. .. .. .. .... 210 
 
 CHAPTER XIV. 
 
 Writ of Abatement, or De Nocumento Amovendo 
 
 211 
 
 Introductory 
 
 . 211 
 
 Form of Writ 
 
 . 211 
 
 CHAPTER XV. 
 
 
 
 I. Fines on Indictments and Penalties on Affirmance of Con- 
 
 viction 
 
 . 213 
 
 Forms of Writs 
 
 . 214 
 
 Execution of Writs 
 
 . 216 
 
 Forms of Warrants 
 
 . 216 
 
 Forms of Returns 
 
 . 217 
 
 Fees 
 
 . 217 
 
 II. Sessions and Assize Fines, Estreats, &c. 
 
 . 218 
 
 Execution 
 
 . 221 
 
 Form of Writ 
 
 2 2 - 
 
 Forms of Warrants 
 
 . 222 
 
 Fees 
 
 . 223 
 
 III. Customs and Excise Penalties 
 
 . 223.
 
 XIV 
 
 TABLE OF CONTENTS. 
 
 CHAPTEE XVI. 
 
 
 PAGE 
 
 w btt nv Scire Facias. 
 
 224 
 
 Introductory 
 
 ..224 
 
 Execution of Writ . . 
 
 .. .. 225 
 
 Fees 
 
 ..225 
 
 CHAPTER XVII. 
 
 
 
 226—231 
 
 Introductory 
 
 ..226 
 
 Execution 
 
 .. ..227 
 
 Returns 
 
 ..229 
 
 Forms of Returns and Inquisition 
 
 .. ..229 
 
 Fees 
 
 ..231 
 
 CHAPTER XVIII. 
 
 Writ of Restitution. 
 
 Introductory . . 
 Form of Writ 
 Execution of Writ 
 Fees 
 
 CHAPTER XTX. 
 
 Execution against Companies. 
 
 Preliminary . . . . . . . . , 
 
 Effect of Registration of Companies 
 
 What may be Sequestered and Taken in Execution . 
 
 Statutory Provisions for Protection of Creditors 
 
 Adverse Claims 
 
 Stay of Proceedings under Winding-up of Companies 
 
 Execution against Shareholders 
 
 232 
 
 .. 232 
 .. 232 
 .. 233 
 .. 233 
 
 234—243 
 
 . 234 
 
 . 235 
 
 . 235 
 
 . 237 
 
 . 237 
 
 . 238 
 
 . 242 
 
 CHAPTER XX. 
 
 Husbandry Provisions : Their Effect upon Execution. 244 — 248
 
 TABLE OF CONTENTS. 
 
 XV 
 
 OHAPTEE XXI. 
 
 PAGE 
 
 Fixtures and Execution thereon 249 — 269 
 
 Introductory . . . . . . . . . . . . 249 
 
 Fixtures between Landlord and Tenant . . . . . . 254 
 
 Fixtures between Mortgagor and Mortgagee . . . . 260 
 
 Fixtures between Heir and Executor, Tenant for Life and 
 
 Remainderman, and Tenant in Tail and Reversioner . . 266 
 
 CHAPTER XXII. 
 
 Execution in Relation to Married Women. . . 270 — 284 
 
 Property at Common Law 
 
 Property under Married Women's Property Acts 
 
 Settlements 
 
 .. 270 
 .. 276 
 .. 284 
 
 CHAPTER XXLLT. 
 Landlord's Claim for Rent. 
 
 285—290 
 
 CHAPTER XXIV. 
 
 
 Bills of Sale 291 — 348 
 
 Synopsis of Statutes 
 
 . . 291 
 
 Forms of Bills of Sale . . . . . , 
 
 . 307 
 
 What constitutes a Bill of Sale . . 
 
 . 308 
 
 What may be the Subject of a Bill of Sale 
 
 . 317 
 
 Formalities to be observed 
 
 . 319 
 
 (1) Statement of Consideration 
 
 . 319 
 
 (2) Description of Chattels 
 
 . 323 
 
 (3) Defeasance, &c. 
 
 . 325 
 
 (4) Form 
 
 325 
 
 (5) Attending Execution 
 
 . 337 
 
 (a) Description of Parties 
 
 . 337 
 
 (b) Attestation 
 
 . 339 
 
 (c) Affidavit of Execution and Attestation 
 
 . 341 
 
 Registration 
 
 . 343 
 
 Grantor's continued Possession 
 
 . 345 
 
 Grantee's Seizure or taking Possession 
 
 . 347 
 
 Consolidation 
 
 . 348 
 
 Transfer or Assignment of Bill of Sale 
 
 . 348
 
 XVI 
 
 TABLE OF CONTENTS. 
 
 CHAPTER XXV. 
 
 
 
 PAGE 
 
 Bankruptcy, Arrangements with Creditors, and Voluntary 
 
 or Fraudulent Dispositions of Property. . . 
 
 349—372 
 
 I. Bankruptcy 
 
 .. 349 
 
 Available Acts of Bankruptcy 
 
 .. ..349 
 
 Receiving Order 
 
 .. 351 
 
 Stay of Proceedings 
 
 .. ..353 
 
 Discharge of Bankrupt 
 
 .. 354 
 
 Relation back of Trustee's Title and Commencement of 
 
 Bankruptcy . . . . . . .... 356 
 
 Extent of Bankrupt's Property divisible amongst Creditors 356 
 
 Effect of Bankruptcy on Antecedent Transactions . . . . 358 
 
 Small Bankruptcies . . . . . . . . 366 
 
 Supplemental Provisions . . . . .... 366 
 
 II. Arrangements with Creditors . . .. .. .. 366 
 
 Statutory Arrangements . . . . . . . . 366 
 
 Private Arrangements . . . . . . . . 367 
 
 ILL Voluntary or Fraudulent Dispositions of Property .. .. 369 
 
 CHAPTER XXVI. 
 
 Interpleader 371 
 
 J— 403 
 
 1. Introductory 
 
 . 373 
 
 General 
 
 . 373 
 
 When Sheriff Relieved 
 
 . 377 
 
 When Sheriff not entitled to Relief 
 
 . 379 
 
 II. Procedure 
 
 . 381 
 
 Application 
 
 . 381 
 
 Hearing 
 
 . 382 
 
 Issue 
 
 . 386 
 
 Judgment 
 
 . 387 
 
 Costs 
 
 . 388 
 
 (1) Preliminary 
 
 . 388 
 
 (2) When Sheriff entitled to Costs 
 
 . 389 
 
 (3) When Sheriff not entitled to Costs 
 
 . 391 
 
 (4) When Sheriff to pay Costs 
 
 . 393 
 
 (5) When each Party to pay his own Costs 
 
 . 394 
 
 New Trial 
 
 . 394 
 
 Appeal 
 
 . 395 
 
 Forms of Notices, Interpleader Orders, &c. 
 
 . 398
 
 TABLE OF CONTENTS. 
 
 XV11 
 
 CHAPTER XXVII. 
 
 PAGE 
 
 Assessment of Damages and Compensation . .404 — 439 
 
 I. Writ of Inquiry (Assessment of Damages) 
 
 . 404 
 
 Introductory 
 
 
 . 404 
 
 Forms of Writ 
 
 
 . 405 
 
 Holding Courts 
 
 
 . 407 
 
 Summoning Jury . . 
 
 
 . 408 
 
 Inquiry 
 
 . . 
 
 . 410 
 
 Return 
 
 . . . • . 
 
 . 416 
 
 Form of Inquisition 
 
 
 . 417 
 
 Sheriff's Liability . . 
 
 . . . . . 
 
 . 417 
 
 Subsequent Proceedings 
 
 . . 
 
 . 417 
 
 Pees 
 
 . . . . . . 
 
 . 418 
 
 II. Compensation Court 
 
 
 . 418 
 
 Introductory 
 
 
 . 418 
 
 Warrant to Summon Jury and Hold Inquiry 
 
 . 427 
 
 Summoning Jury . . 
 
 . 
 
 . 429 
 
 Inquiry and Verdict 
 
 
 . . 432 
 
 Form of Inquisition, Verdict, 
 
 and Judgment 
 
 . 438 
 
 Pees . . 
 
 
 . 439 
 
 PH. Inquiry under Lunacy Commission 
 
 . 439 
 
 IV. Inquiry under Commission of Sewers 
 
 . 439 
 
 CHAPTER XXVIII. 
 
 Introductory 
 
 .. 441 
 
 Assizes 
 
 . . 441 
 
 Sessions 
 
 .. 442 
 
 Heads of tbe Under-Sheriff's Duties 
 
 .. 442 
 
 At Assizes 
 
 . . 442 
 
 At Sessions 
 
 .. 444 
 
 Precept and Publication of Assize 
 
 .. 445 
 
 Juries 
 
 .. 447 
 
 Qualification and Liability to Serve 
 
 .. 447 
 
 Exemption from Service 
 
 .. 452 
 
 Summoning 
 
 .. 455 
 
 (1) Counties 
 
 . . 455 
 
 (2) Cities and Boroughs, and Counties of Towns 
 
 . . 460 
 
 (3) City of London 
 
 .. 460 
 
 Forms of Summons 
 
 . . 463 
 
 Service of Summons 
 
 . . 464 
 
 M.
 
 XV111 
 
 TABLE OF CONTENTS. 
 
 Panels and Return to Precept 
 
 Arrival of the Judge or Judges, &c. 
 
 Opening of the Commission 
 
 Church Services 
 
 Attendance at Court, &c, during Assize Business 
 
 Jurors' Fines for Non-attendance 
 
 Making up Deficiency of Jurors 
 
 Balloting for Juries 
 
 Jurors' View 
 
 Jurors' Fire and Refreshment 
 
 Jurors' Remuneration 
 
 Sheriff's Certificate of Jurors' Attendance . . 
 
 Sheriff's Jury and other Assize Expenses 
 
 Penalties on Sheriff for Neglect of Duty . . 
 
 Sheriff's Fees 
 
 Sheriff's Assize and Sessions Accounts 
 
 PAGE 
 
 467 
 474 
 475 
 476 
 477 
 479 
 479 
 480 
 482 
 483 
 484 
 485 
 486 
 486 
 486 
 486 
 
 CHAPTER XXIX 
 
 Criminal Execution . 
 
 .487—492 
 
 CHAPTER XXX. 
 
 Liability and Rights of Sheriff, and Remedies against 
 
 Sheriff 493 — 504 
 
 I. Liability of and Proceedings against Sheriff . . . . 493 
 
 Introductory .. .. .. .. ..493 
 
 Evidence to connect Sheriff with Under- Sheriff and Officers, 
 
 and Evidence against and for Sheriff . . . . 498, 
 
 Procedure . . . . . . . . .... 501 
 
 Generally . . . . . . . . . . . . 504 
 
 n. Rights of Sheriff . . . . . . .... 504 
 
 CHAPTER XXXI. 
 
 Sheriffs' Fees . , 
 
 505—519 
 
 CHAPTER XXXII 
 
 Sheriffs' Accounts. . . 
 
 520—522 
 
 INDEX . . 
 
 523
 
 ( xix ) 
 
 TABLE OF CASES CITED. 
 
 PAGE 
 
 Abbott, Ex parte .. ..100 
 
 v. Richards . . . . 378 
 
 Abrahams v. London (Mayor, Sec.) 421 
 
 Abud v. Riches 503 
 
 Ackland v. Paynter . . . . 82 
 
 Ackworth v. Kempe . . . . 13 
 
 Acton v. Woodgate . . . . 367 
 
 Adame's Trusts, In re . . . . 278 
 
 Adams v. Graham. . .. .. 337 
 
 Aga Kurboolie Mahomed v. Reg. 178 
 Aireton v. Davis . . . . 84 
 
 Aitkenhead v. Blades . . 94 
 
 Alchin v. Wells . . 495, 504, 515 
 
 Alderson v. Davenport .. .. 14 
 
 Aldred v. Constable . . 63, 86 
 
 Aldridge v. Bany . . . . . . 182 
 
 ■ v. Ireland 
 
 Alexander, Ex parte 
 
 Allam, Ex parte, In re Munday 
 
 Allen v . Gibbon 
 
 v. Thompson 
 
 500 
 
 351 
 
 319 
 
 378 
 
 .. 337 
 
 .. 309 
 
 379, 393 
 
 .. 286 
 
 Allsop v. Day 
 Anderson v. Calloway 
 Andrews v. Dixon. . 
 Angell v. Baddeley . . 8S, 416 
 
 Anglo-French Co-operative So- 
 ciety, In re . . . . . . 182 
 
 Anglo-Italian Bank v. Davies . . 109 
 Angus v. Wootton . . . . 382 
 
 Anon. (2 Chit. 390) .. ..120 
 
 ■ • (ID. P. C. 157) .. ..186 
 
 (Lofft. 81) .. ..13 
 
 (Lofft. 390) .. .. 17S 
 
 (6 Mod. 11.5) .. .. 130 
 
 (1 Stra. 479) .. ..190 
 
 Antrim (Earl) v. Dobbs . . . . 2.57 
 
 Armstrong, In re, Ex parte Boyd 281 
 Armytage, In re, Ex parte Moore 265 
 
 Arundel v. Chitty 193 
 
 Ash v. Dawnay . . . . 70 
 
 Ashby, In re, Ex parte Wrefoi 
 Ashworth v. Outram •• .. 277 
 
 v. Uxbridge (Earl) 64,90 
 
 Askew v. Lewis . . . . . . 344 
 
 Asphaltio "Wood Pavement Co., 
 
 lure 314 
 
 Astbury, Ex parte, Re Richards 
 260, 
 Atkins v. Shephard .. ..100 
 
 Atkinson v. Jameson . . . . 189 
 
 Attenborough 
 
 Att.-Gen. 
 
 PAGE 
 
 St. Katharine's 
 
 Dock Co 377 
 
 ■ v. Thompson . . 339 
 Aldersey . . . . 148 
 
 - v. Andrew . . ..113 
 
 v. Birmingham Drain- 
 
 age Board.. .. 243 
 
 v. Dakin .. 63,181 
 
 v. Donaldson . . . . 181 
 
 v. Leathersellers' Co. . . 185 
 
 v. Rickards . . . . 227 
 
 ■ v. Skinners' Co. . . 185 
 
 v. Trueman . . . . 145 
 
 v. Walmaley . . . . 145 
 
 Augustien v. Challis . . . . 287 
 
 Austin v. Amhurst . . . . 422 
 
 Australian Investment Co., Ex 
 
 parte, In re Queensland Mer- 
 cantile Co. 317 
 
 Avril v. Mordant 89 
 
 Aylwin v. Evans . . . . . . 381 
 
 Ayshford v. Murray . . . . 359 
 
 Backhouse v. Siddle . . . . 102 
 
 Baddeley, Ex parte . . . . 428 
 
 Baddock v. Beauchamp . . . . 384 
 
 Bagge v. Whitehead . . 70, 497 
 Bagot V. Malone .. .. .. 517 
 
 Bain v. Brand 268 
 
 Baker v. Davenport . . . . 200 
 
 Baltlwin v. London, Chatham & 
 
 Dover Rail. Co 414 
 
 Bale v. Hodgetta 416 
 
 Bales v . Wingfield . . . . 84 
 
 Balls v. Metropolitan Board of 
 
 Works 1.17 
 
 Balson v. Megrgat .. .. 13, 89 
 
 Banbury r. White .. 339,344 
 
 Bank of Hindustan, China and 
 
 Japan, In re, Ex parte Levick.. 239 
 
 B mi.1v r. Krook 381 
 
 Barber, In re, Ex parte Stanford 3:J1, 
 
 v. Mitchell . . . . 88 
 
 Barcla\ , Ex parte , . . . . . 256 
 
 6 2
 
 XX 
 
 TABLE OF CASES CITED. 
 
 PAGE 
 
 Barker r. Dynes . . . . 378, 391 
 
 v. Phipson . . . . . . 377 
 
 v. St. Quintin .. 192, 193 
 
 Barnard v. Berger . . .. 495,502 
 
 v. Leigh.. 78, 85, 90, 93, 253 
 
 Bamardo r. Ford . . . . . . 205 
 
 Barnes v. Harding' . . . . 107 
 
 Barr, In re, Ex parte Board of 
 
 Trade 
 
 
 367 
 
 v. Kingsford 
 
 
 336 
 
 Barratt r. Price 
 
 
 197 
 
 Barrovr v. Bell 
 
 
 357 
 
 r Fhlrr- Srrl Sr Cn 
 
 
 356 
 
 Barsham v. Bullock 
 
 ISO 
 
 501 
 
 Bartlett v. Hebbes 
 
 
 182 
 
 Barton v. Gill 
 
 
 90 
 
 Bastow, In re 
 
 
 239 
 
 Batcbelor v. Vyse 
 
 
 86 
 
 Bateman v. Famsworth . . 
 
 
 379 
 
 v. Freston 
 
 
 197 
 
 Bath v. Sutton 
 
 
 339 
 
 Bat.son r. McLean 
 
 181 
 
 1S2 
 
 Batten, In re, Ex parte Milne 
 
 368 
 
 369 
 
 Bauin, In re, Ex parte Cooper . . 
 
 309 
 
 Baynton r. Harvey 
 
 82 
 
 , 385 
 
 Beale v. Overton 
 
 376 
 
 380 
 
 Beales v. Tennant 
 
 
 337 
 
 Beaufort (Duke) v. Bates. . 
 
 
 253 
 
 Beavan v. Oxford (Earl) . . 
 
 
 113 
 
 Beck v. Pierce 
 
 
 283 
 
 Beckett v. Tasker . . 
 
 
 281 
 
 T^TT^T- A C3^(^f O P„ 
 
 
 311 
 
 ■ t . xow ei xisseLS v^o. 
 
 Beckford v. Wilts (Sheriff) 
 
 
 200 
 
 Beeston v. Marriott 
 
 
 236 
 
 Beetknife v. Packington . . 
 
 
 411 
 
 Belding v. Read 
 
 
 317 
 
 Bell v. Jacobs 
 
 175 
 
 181 
 
 r. Hutchison 
 
 
 73 
 
 Bell Cox, Ex parte 
 
 
 160 
 
 Bellyse v. McGinn 
 
 
 363 
 
 Belmonte v. Aynard 377 
 
 384, 
 
 3S9 
 
 Belshaw v. Marshall 
 
 
 83 
 
 Bennet's Case 
 
 
 289 
 
 Benson v. Frederick 
 
 
 418 
 
 Bentley, Ex parte, In re Morritt 
 
 334 
 
 v. Hook 
 
 
 377 
 
 Benton v. Sutton 
 
 
 188 
 
 Berry v. Adamson 
 
 
 177 
 
 Berthier, Ex parte 
 
 
 84 
 
 Berwick, Ex parte, In re Young 
 
 322 
 
 Bessey v. Windham 
 
 
 500 
 
 Beswick v. Thomas 
 
 
 389 
 
 Bianclii v. Otford 
 
 329, 
 
 331 
 
 Birch v. Prodg-er 
 
 
 193 
 
 Bird v. Bass 
 
 
 63 
 
 v. Davey 
 
 ' 327, 
 
 341 
 
 v. Holt 
 
 
 378 
 
 Birmingham & Litchfield 
 
 Rail". 
 
 
 Co., In re 
 
 
 236 
 
 Bishop r. Hinxman 
 
 376, 
 
 394 
 
 Bissicks v. Bath Colliery Co. 
 
 
 515 
 
 Blackwell v. England 
 
 
 339 
 
 Bladi a v. Arundale 70, 
 
 285, 
 
 286 
 
 Blaiberg. Ex parte, In re Toomer 
 
 343 
 
 v. Beckett 
 
 
 334 
 
 v.Parke.. 
 
 . , 
 
 342 
 
 PAGE 
 Blake v. Izard .. .. 311,312 
 
 v. Newborn . . . . . . 519 
 
 Bland v. Delaus 390 
 
 Blankenstein v. Robertson 328, 341 
 Blatch v. Archer .. .. 177,500 
 
 Blount v. Harris 342 
 
 Boize v. Edwards . . . . . . 415 
 
 Bolland, Ex parte, In re Roper 321, 
 
 342 
 Boothman v. Surrey (Earl) . . 188 
 
 Borlich or Bortich v. Head, 
 Wrightson & Co. . . . . 414 
 
 Bosanquet v. Ransford . . . . 243 
 
 Bosen, Ex parte . . . . . . 205 
 
 Boswell v. Coaks . . . . 58 
 
 Bourne v. Wall 332 
 
 Bowdler v. Smith . . .. 391,392 
 
 Bowen, In re, James v. James . . 279 
 
 v. Bramidge . . . . 77 
 
 Bowsher v. Wilts (Sheriff) . . 500 
 
 Boyd v. Durand .. .. ..175 
 
 v. Shorrock . . . . , . 250 
 
 Boyton's Case 188 
 
 Brackenbury v. Laurie . . . . 380 
 
 Bradley v. Windham . . 64 
 
 Braine v. Hunt . . . . 379, 382 
 
 Bramidge v. Adshead . . . . 384 
 
 Brandling v. Kent . . . . 177 
 
 Brandon v. Brandon . . . . 434 
 
 Bransden v. Parker . . . . 389 
 
 Brantom v. Griffits .. 309,317 
 
 Braunstein v. Lewis . . . . 280 
 
 Brickell r. Hulse 501 
 
 Bridge v. Cage .. .. .. 519 
 
 Briggs v. Boss . . . . . . 340 
 
 v. Pike 331 
 
 Brighty v. Norton 347 
 
 Brignall v. Cohen 344 
 
 Bristol (Earl) v. Wilsmore . . 77 
 
 Britten, Ex parte . . . . . . 185 
 
 Brockhurst v. Railway Printing 
 
 and Publishing Co 316 
 
 Brodrick v. Scale . . . . . . 341 
 
 Broughton v. Martin . . . . 193 
 
 Brown, Ex parte, In re Hastings 359 
 
 v. Bateman 311, 312, 319 
 
 v. Gerard .. .. .. 12 
 
 v. Glenn . . . . 62 
 
 v. Jarvis . . . . . . 198 
 
 v. Perrott .. .. ..72 
 
 Bran v. Hutchinson . . 72 
 
 Brunskill v. Robertson .. ..174 
 
 Brunswick (Duke) v. Slowman . . 69 
 Bryant, In re . . 49, 354, 359 
 
 v. Ikey 388 
 
 v. Reading 383, 395, 396 
 
 Buckland v. Butterfield . . . . 257 
 
 Bugbird's Case 
 Bullen v. Ansley 
 Bunbury z>. Matthews 
 Burdett, In re, Ex parte Byrne 
 
 ■ v. Coleman 
 
 Burdon v. Kennedy 
 Buit, In re, Ex parte Board of 
 Trade 
 
 410 
 515 
 518 
 265, 
 336 
 176 
 78 
 
 367
 
 TABLE OF CASES CITED. 
 
 XXI 
 
 Burroughs r. Williams 
 Burslem v. Ferii . . 
 Burstall v. Bryant 
 Butler v. Butler . . 
 Button v. O'Neill . . 
 Byerley v. Prevost 
 Byrne v. Hutchison 
 Byron v. Dibdin . . 
 
 PAGE 
 
 ..346 
 ..17.'. 
 ..396 
 148, 27.0, 276 
 ..337 
 ..309 
 .. 516 
 ..182 
 
 C. &D 388, 389, 391 
 
 Caledonian Rail. Co. v. Ogilvy . . 43-"> 
 California Redwood Co. v. Walker 240 
 
 Calvert v. Thomas . . 
 Cameron v. Reynolds 
 Camp v. Pole 
 Campion v. Cotton 
 Candy v. Maughan 
 Cann, In re. . 
 Carpenter v. Deen . . 
 v. Pearse 
 
 ..334 
 
 86,117 
 ..193 
 ..273 
 ..376 
 .. 321 
 319,324, 325 
 .. 385 
 .. 317 
 321, 343 
 
 Carr r. Allatt 
 
 Carrard v. Meek . . 
 
 Carter, Ex parte, In re Threapple- 
 
 ton .. .. 321,342 
 
 r. Hughes . . .. 112,516 
 
 Casberd v. Att-Gen. . . . . 146 
 
 Cassidy v. Stewart .. .. 182 
 
 Casson v. Churchley 318, 340, 343 
 
 Cavenagh v. Collett . . . . 200 
 
 Cazet de la Borde v. Othon . . 131 
 Central Bank v. Hawkins . . 337 
 
 Challinor, Ex parte, In re Rogers 321 
 
 Chalon r. Anderson 
 Chambers v. Coleman 
 Chapman v. Bowlby 
 
 v. Maddison 
 
 v. Monmouthshire Rail- 
 
 379 
 90 
 66 
 49 
 
 436 
 
 way and Canal Co. 
 Charing Cross Advance and De- 
 posit Bank, Ex parte, In re 
 
 Parker 320 
 
 Charlesworth v. Mills .. ..311 
 Charlton v. Rolleston . . . . 437 
 
 Chauvin r. Alexander .. .. ISo 
 
 Chelsea Waterworks Co., In re . . 436 
 Chesworth v. Hunt . . . . 348 
 
 Chick v. Smith 81 
 
 CMfferiel, In re, Chifferiel v. 
 Watson. . . . . . . . 414 
 
 Chilton v. Carrington .. ..132 
 
 Christopherson v. Burton.. 64, 95, 370 
 Chune v. Pyot (Sheriff of London) 10 
 Church v. Sage . . . . . . 312 
 
 Cider Mill Case 267 
 
 Claridge r. Collins . . . . 376, 378 
 
 v. South Staffordshire 
 
 Tramway Co. .. .. .. 414 
 
 Clarke, In re, Coombe v. Carter. . 319 
 v. Chetwode . . . . 393 
 
 Lord 
 Nicholson 
 
 379, 38.5 
 . . 515 
 
 Cleaver, In re, Ex parte Raw- 
 lings .. .. 32 
 
 v. Fisher 88 
 
 Clement v. Mathews . . . . 318 
 
 PAGE 
 
 Clemson v. Townsend . . . . 329 
 
 Clench v. Dooley .. .. .. 395 
 
 Clerk v. Withers 119 
 
 Cleve v. Veer . . . . . . 81 
 
 Clifton v. Hooper . . . . . . 49 
 
 Climie r. Wood .. .. 251,260 
 
 Climpson v. Coles . . . . 31 ! . 
 
 Coates v . Hawarden (Lord) . . 182 
 
 Cobbett, Ex parte 186 
 
 Cobham v. Dalton.. .. 181, 354 
 
 Coburn v. Collins .. .. .. 311 
 
 Cochrane v. Entwistle . . . . 335 
 
 v. Moore . . . . 323 
 
 Cocker v. Musgrove . . 286, 288 
 
 Cohen v. Mitchell . . . . . . 353 
 
 Coker, Ex parte, In re Blake . . 354 
 Cole v. Davies . . . . 70 
 
 Coleman v. Rawlinson . . . . 78 
 
 Collingridge v. Paxton . . . . 72 
 
 Collins, Ex parte, In re Lees . . 32-5 
 
 v. Beaumont . . . . 196 
 
 v. Rybot 413 
 
 v. Tewens .. 175, 197, 198 
 
 Collis v. Lewis 398 
 
 Colls v. Coates .. ., ..515 
 
 Colly er v. Isaacs . . . . . . 318 
 
 Colonial Trusts Corporation, In 
 
 re, Ex parte Bradshaw . . 242 
 
 Colyer v. Speer . . . . 67, 286 
 
 Commercial Bank of South Aus- 
 tralia, In re . . . . . . 414 
 
 Condy v. Blaiberg. . .. .. 61 
 
 Connelly v. Steer . . . . . . 314 
 
 Connor v. West .. 127,128,130 
 
 Consolidated Credit and Mortgage 
 Corporation v. Gosney.. .. 830 
 
 Cook v. Allen . . . . 376, 380 
 
 v. Palmer . . . . 17, 86 
 
 Cooke v. Birt . . . . 68, 69 
 Cookson v. Fryer . . . . 86 
 
 v.Swire.. .. .. 343 
 
 Cooper, Ex parte, In re North 
 
 London Railway Co. . . 
 v. Asprey . . : 
 
 v. Davis 
 
 v. Macdonald 
 
 v. Zeffert . . 
 
 Corbet v, Brown . . 
 Corbett v. Lewin . . 
 
 v. Rowe 
 
 Correal or Corneal 
 
 434 
 285 
 33S 
 272 
 342 
 13 
 132 
 337 
 
 London 
 
 and Blackwall Railway Co. 128, 435 
 
 Coton, In re, Ex parte Payne . . 329 
 
 Cotton, Ex parte.. .. .. 261 
 
 Coulson v. Dickson . . . . 341 
 
 Counsell v. London and West- 
 minster Loan and Discount Co. 323 
 Courtoy v. Vincent . . . . 73 
 
 Cox v. Balne 380 
 
 v. Funn 392 
 
 v. Hill 415 
 
 Cox v. Leigh 288 
 
 v. Pritchard 193 
 
 Cramer v. Murphy . . 85 
 Crawoour, In re, Ex parte Robert- 
 son 311
 
 XX11 
 
 TABLE OF CASES CITED. 
 
 PAGE 
 
 Crawford v. Satchwell . . . . 175 
 Craycraf t, Ex parte, In re Brown- 
 ing 360 
 
 Credit Co. v. Pott 322 
 
 Credits Gerundeuse v. Van Weede 377 
 
 Crew v. Cunimings 
 
 
 .. 344 
 
 Cripps, Ross & Co. 
 
 In re, 
 
 Ex 
 
 parte Ross 
 
 
 .. 363 
 
 Crook v. Morley . . 
 
 
 .. 351 
 
 Cropper v. Warner 
 
 
 .. 285 
 
 Cross v. Barnes 
 
 
 .. 260 
 
 r. Law 
 
 
 .. 243 
 
 Crossley v. Ebers . . 
 
 
 .. 376 
 
 v. Elworthy 
 
 
 .. 370 
 
 Crowder v. Long . . 
 
 Go, 82, 
 
 494, 501 
 
 Crozer v. Pilling . . 
 
 . , 
 
 .. 192 
 
 Cramp v. Day 380 
 
 Cuckson v. Winter . . . . 12 
 
 Culley v. Charman . . . . 275 
 
 ( 'ullwick r. Swindell .. .. 261 
 
 Cumberland Union Banking Co. 
 v. Maryport Hematite Iron and 
 
 Steel Co 266 
 
 Cunningham, In re. . 310, 312, 313 
 Cuno, In re, Mansfield v. Mans- 
 field 278 
 
 Curlewis v. Pocock . . . . 383 
 
 Curtis v. Mayne .. .. ..515 
 
 v. Wainbrook Iron Co. . . 363 
 
 D. 
 
 Dabbs v. Humphries .. 390,391 
 Daintrey, In re, Ex parte Holt . . 351 
 Dale, In re, R. v. Penzance (Lord) 196 
 
 v. Birch 88 
 
 Daniels v. Gompertz . . . . 201 
 
 Davidson v. Carlton Bank 324, 343 
 Davies v. Edmonds 289, 516, 517 
 
 ■ v. Griffith 507 
 
 ■ v. Rees . . . . . . 336 
 
 Davis, In re, Ex parte Rawlings 311 
 
 v. Burton . . 326, 327, 329 
 
 v. Goodman . . . . 314 
 
 ■ v. Marlborough . . . . 110 
 
 v. Usher 322 
 
 Dawes, Ex parte, In re Husband 364 
 Dawson v. Eox .. .. .. 396 
 
 Day v. Carr . , . . . . 379 
 
 v. Waldock 379 
 
 Dean v. Wlrittaker . . 73 
 
 Dearmer, In re, James v. Dearmcr 277 
 Di h oham v. Mellon . . . . 275 
 
 Dcfirll r. White 340 
 
 I )(■ < laillon v. L'Aigle . . . . 413 
 
 I >(• ( Iniidnuin v. Lewis . . 68 
 
 De la Vega v. Vianna . . . . 186 
 
 Dilniiir i . I Vi -i mantle .. 88,501 
 
 l)i \Iattos /•. (j. E. Steamship Co. 414 
 De Mesnil v. Dakin . . . . 175 
 
 I )c Mur;tii<l:i v. I hmkin . . . . l :; 
 
 Dennis v. Whctham . . 93 
 
 Denny v. Trapnell .. ..410 
 
 Devas v. E. k W. India Dock Co. 241 
 
 Devereux v. John . . 
 
 ■ r. Underbill 
 
 PAGE 
 
 376, 380 
 131 
 
 Dew v. Parsons .. .. .. 519 
 
 Dewhirst v. Pearson .. .. 180 
 
 D'Eyncourt v. Gregory . . . . 269 
 
 Dickenson, In re, Ex parte Char- 
 
 rington . . . . . . . . 358 
 
 Digby v. Stirling (Lord) . . . . 182 
 
 Dimson's Estate Fire Clay Co., 
 
 In re 240 
 
 Dixon v. Ensell 380 
 
 Dobbin's Settlement, In re . . 344 
 
 Doble v. Cummins . . .. .. 385 
 
 Dod v. Saxby 288 
 
 Dodds v. Shepherd . . . . 395 
 
 Doe v. Trye 189 
 
 v. Tyre . . . . 14 
 
 Donniger v. Hinxraan . . . . 385 
 
 Downs v. Salmon . . . . . . 338 
 
 Dowse v. Gorton . . . . 74 
 
 Drake v. Sykes 499 
 
 Draycott v. Harrison . . . . 279 
 
 Drewe v. Lainson . . . . 92 
 
 Dreyfus v. Peruvian Guano Co. . . 414 
 Drummond & Davie's Contract, 
 
 Re 279 
 
 Dryden v. Hope 339 
 
 Dry Docks Corporation of London, 
 
 In re 242 
 
 Dubois r. Wyse .. .. .. 185 
 
 Duck v. Braddyll 289 
 
 Duddin r. Long 380 
 
 Dudley (Lord) v. Warde (Lord). . 268 
 Dutril v. Spottiswoode . . 73 
 
 Duke's Case 213 
 
 Dumergue v. Rumsey . . . . 253 
 
 Duncan v. Cashin . . . . 75, 377 
 
 v. Garratt 87 
 
 Dunsford v. Gouldsmith . . . . 193 
 
 Dutton v. Fm-niss . . .. .. 376 
 
 Dyer v. Disney . . . . . . 182 
 
 Dyke v. Blakston 410 
 
 v. Duke 174 
 
 E. 
 
 Eagleton v. Gutteridge . . 69 
 
 Ecclesiastical Commissioners for 
 
 England v. L. & S. W. Rail. 
 
 Co 422 
 
 Edey, Ex parte, In re Cuthbertson 358 
 Edge v. Kavanagh . . 84 
 
 Edmonds v. Blaina Furnaces Co. . . 314, 
 
 315 
 Edmunds v. Watson . . . . 88 
 
 Edwards, In re, Brooks v. Edwards 1 96 
 
 v. Edwards 313, 314, 347 
 
 v. Marston 
 
 v. Matthews 
 
 Elliott v. Bishop . . 
 
 v. Nicklin . . 
 
 Ellis v. Griffith . . 
 Elwes v. Maw 
 Emanuel v. Bridger 
 
 328 
 
 . . 387, 394 
 
 .. 251, 254 
 
 .. 411 
 
 ..193 
 
 251, 254, 259 
 
 ..345
 
 TABLE OF CASES CITED. 
 
 XX111 
 
 Emmerson, Ex parte, In re Haw- 
 kins 311 
 
 Emperor Life Assurance Society, 
 In re 212 
 
 Engleback v. Nixon . . 75, 377 
 
 English Bank of the River 1 
 
 In re, Ex parte Bank of Brazil 414 
 
 Enraght, In re, R. v. Penzance 
 (Lord) 196 
 
 Eslick, In re, Ex parte Alexander 264 
 
 Essex (Sheriff), In re, Ex parte 
 
 Levy 360 
 
 v. Acton Local Board . . 435 
 
 Evans, In re . . . . ..71 
 
 , Ex parte, In re "Watkins.. 100 
 
 v. Collins . . 
 
 v. Da vies . . 
 
 v. Roberts . . 
 
 v. Thomas . . 
 
 Doe d., v. Owen 
 xh. v. Salisbury 
 
 Eveleic 
 
 Eyles v. Faikney 
 
 174 
 91, 495 
 .. 247 
 .. 396 
 .. 107 
 385, 390 
 .. 189 
 
 Farebrothcr v. Ansley 
 
 v. "Worsley 
 
 Farr v. Newman . . 
 Farrant v. Thompson 
 Fells v . Read 
 Fenny v. Durrant . . 
 Fenton, In re. Ex parte Lythgow 
 v. Blythe 
 
 74, 
 
 Essex 
 87, 
 
 Fenwick v. Laycock 
 Fermor v. Phillips. . 
 Field v. Cope 
 
 v. Revinprton. . 
 
 Filewood v. Clement 
 Finch, In re, Ex part 
 (Sheriff) .. 
 
 v. Cocken . . 
 
 Firbank'sExecutors v. Humphreys 
 Firth, Ex parte, In re Cowburn. . 
 Fisher v. Begrez . . 
 
 v. Dixon . . 251, 262, 
 
 v. Magnay 
 
 Fletcher, Ex parte, In re Henley 
 Fl> t rher v. Manning 
 
 Fliarht v. Cook 
 
 Floyd v. Bethill 
 
 Ford, Ex parte 
 
 v. Baynton 
 
 v. Dillon .. .. 391, 
 
 ■ v. Kettle 
 
 v. Lechc 
 
 Forster v. Cookson 
 
 Ex parte, In re Baldwin . . 
 Foster v. Blakelock 
 Foulger v. Taylor 
 Fourdrinier, Ex parte, In re Artis- 
 tic Colour Printing Co. 
 Fowlds v. Mackintosh 
 Few Lex . Forster 
 France v. Campbell 
 
 r. Clarkson . . 88, 
 
 5/ 
 IS 
 74 
 253 
 131 
 107 
 362 
 344 
 378 
 500 
 392 
 396 
 189 
 
 363 
 175 
 414 
 321 
 183 
 266 
 175 
 347 
 357 
 193 
 129 
 
 66 
 378 
 393 
 342 
 
 14 
 289 
 357 
 518 
 337 
 
 239 
 504 
 312 
 72 
 416 
 
 Francis v. Neave . . 
 Freeman v. Pope . . 
 French r. Bombernard 
 i'li -ton, In re 
 Frith v. Simpson . . 
 Frost's ( 
 Furber v. Abrey . . 
 
 v. Cobb . . 
 
 v. Finlayson 
 
 Furnivall v. Hudson 
 Futcher v. Hinder 
 
 PAGE 
 
 . 500 
 . 369 
 . 309 
 . 185 
 . 378 
 . 197 
 . 332 
 
 331, 333 
 .. 347 
 
 329, 340 
 49, 193 
 
 G. 
 
 Gardner v. Smart . . . . . . 341 
 
 Gaskell v. Marshall . . . . 74 
 
 v. Sefton 393 
 
 Gawler v. Chaplin. . .. 66,86 
 
 General Horticultural Co., Ltd., 
 
 Whitehouse's Claim (No. 2) .. 237 
 Genner v. Sparks . . . . ..177 
 
 Gent, In re, Gent-Davis v. Harris 183 
 George v. Milbanke .. .. 370 
 
 v. Perring . . . . . . 501 
 
 Gerhard v. Montague .. .. 383 
 
 Gethin < . Wilks 379 
 
 Gibbins v. Phillips . . . . 499 
 
 Gibbons v. Hickson .. ..347 
 
 Giles v. Grover ..113, 146, 148, 152 
 Gilpin v. Benjamin & Cohen 184, 185 
 
 .. 335 
 
 .. 77 
 
 385, 388 
 
 .. 185 
 
 .. 200 
 
 .. 186 
 
 .. 77 
 
 328, 331 
 
 .. 515 
 
 .. 389 
 
 .. 186 
 
 .. 2-53 
 
 .. 180 
 
 .. 109 
 
 .. 289 
 
 .. 193 
 
 494 
 
 182 
 
 347 
 
 240 
 
 Gilroy r. Bowey 
 Gladstone v. Padwick 
 Glazier v. Cooke . . 
 Glendenning v. Browne 
 Gobbey v. Dewes . . 
 Goddard v. Hams . . 
 Godson v. Sanctuary 
 Goldstrom v. Tallerman 
 Goode v. Langley . . 
 Goodman v. Blake. . 
 Goodwin v. Lordon 
 Gordon v. Harper . . 
 
 v. Laurie . . 
 
 Gore v. Bowsi-r 
 
 !•. Grofton 
 
 v. "Wright 
 
 92, 200. 
 
 Goubot v. De Crouy 
 Goudy v. Duncombe 
 Gough v. Everard. . 
 Graham v. Edge . . 
 
 v. Wilcockson & Muns- 
 
 low 
 Grainger v. Hill 
 Grand Trunk Rail. Co. of Canada 
 
 V. Jennings 
 I l-rater v. < kulard . . 
 ( Sraves v. Weld 
 Gray v. Jones 
 Great Noi^thern Railway Co 
 
 Tahourdin 
 GreaTea v. Keen . . 
 v. Wilson 
 
 309 
 
 177 
 
 Grebert Borgnis v. Nugent 
 Green v. Attenborough . . 
 V. Austin 
 
 414 
 
 418 
 
 247 
 
 337, 338 
 
 236 
 196 
 112 
 414 
 343 
 290
 
 XXIV 
 
 TABLE OF CASES CITED. 
 
 PAGE 
 
 Green v. Brown . . . . 377, 381 
 
 ■ v. Elgie 66 
 
 v. Marsh .. .. .. 313 
 
 Greenham v. Child . . . . 339 
 
 Gregory v. Cotterell . . . . 13 
 
 Griff en v. Caddell 78 
 
 Gri«-«: v. National Guardian As- 
 
 310 
 
 90 
 
 257 
 
 113 
 
 surance Co. 
 Grove v. Aldridge 
 Giymes v. Boweron 
 Guest v . Cowbridge Bail. Co. 
 
 H. 
 
 Hadden, Best & Co. v. Oppenheim 335 
 Hale v. Saloon Omnibus Co. 64, 309 
 Hall, Ex parte 
 
 , In re, Ex parte Close 
 
 v. Badden 
 
 v. Comfort 
 
 ■ v. Crawley 
 
 r. Jones 
 
 v. Ley 
 
 v. Koche 
 
 Hallas v. Robinson 
 Hallen v. Bunder 
 Hamilton v. Chaine 
 Hamlyn v. Betteley 
 Hammond v. Bussey 
 
 v. Hocking 
 
 Hansen v. Maddox 
 Harding' v. Holder 
 
 84 
 .. 310 
 .. 90 
 .. 313 
 .. 90 
 .. 494 
 .. 502 
 .. 175 
 .. 318 
 
 249, 254 
 .. 321 
 
 319, 387 
 .. 413 
 .. 332 
 .. 388 
 .. 13 
 
 Hardwick, In re, Ex parte Hub- 
 bard 310 
 
 Hare v. Hyde . . . . . . 186 
 
 Harley v. Harley . . . . 75 
 
 Harmer v. Tilt 502 
 
 Harper, Ex parte, In re Bremner 364 
 
 Harris v. 
 
 Jewell 
 Bu-h 
 
 53 
 109 
 
 278 
 
 PAGE 
 
 516 
 
 218 
 379 
 427 
 362 
 201 
 89 
 
 Harris' Settled Estates, In re 
 Harrison, In re, Ex parte Essex 
 
 (Sheriff) .. ..360 
 
 ■ v. Barry . . . . . . 288 
 
 ■ v. Forster . . 85 
 
 ■ v. McSheean .. .. 415 
 
 . v. Paynter . . 64, 72, 93 
 
 j,. Wright . . . . 383 
 
 Hartmont v. Foster . . . . 397 
 
 Harvey v. Dakins . . . . . . 182 
 
 v. Harvey . . . . . . 177 
 
 Haslewood v. Consolidated Credit 
 
 Co 327, 328 
 
 Hatton v. English . . . . 343 
 
 v. Haywood 100, 102, 109, 
 
 110, 114 
 
 v. Hopkins . . . . 182 
 
 1 1: it wood v. Law .. .. .. 243 
 
 Hauxwell, Ex parte, InroHeming- 
 
 way 310,343 
 
 Hawes v. S. E. Rail. Co. . . 414 
 
 Hawkins, In re . . . . . . 355 
 
 Hawtry v. Butlin . . . . 262, 264 
 
 Haydon v. Brown , . . . . . 309 
 
 Hayley v. Racket 
 Haynes v. Hay ton 
 Hay thorn v. Bush. . 
 Hayward v. Met. Rail. Co. 
 Heathcote v. Livlesey 
 Hedges v. Jordan 
 Heenan v. Evans 
 •Heiron's Estate, In re, Hall v. 
 
 Ley 91, 495 
 
 Hellawell v. Eastwood 249, 251, 255 
 Hellyer, Doe d., v. King. . . . 129 
 
 Hemingway v. Braithwaite . . 281 
 . 192, 194 
 .. 49 
 
 351 
 414 
 504 
 
 200 
 519 
 
 Hemming v. Hale. , 
 
 v. Tremera 
 
 Henderson, Ex parte 
 
 v. Thorn 
 
 Heppel v. King 
 
 Hereford (Dean, &c.) v. Macna- 
 mara 
 
 Hescott's Case 
 
 Heseltine, In re, Woodward v. 
 
 Heseltine 328, 329, 341 
 
 *— v. Simmons 323, 325, 335 
 
 Hetherington v. Groome 328, 331, 397 
 
 Hewer, In re, Ex parte Kahen 337, 
 
 344 
 
 v. Cox . . . . . . 337 
 
 .. Ill 
 
 .. 187 
 
 .. 324 
 
 .. 397 
 
 .. 114 
 
 .. 325 
 
 .. 271 
 
 89, 500 
 
 .. 381 
 
 .. 239 
 
 .. 310 
 
 .. 289 
 
 Hey don's Case 
 Heywood v. Collinge 
 Hickley v. Greenwood 
 Highton v. Treherne 
 Hildyard r. Baker. . 
 Hill, Ex parte, In re Lane 
 
 v. Cooper 
 
 r. Middlesex (Sheriff) 
 
 Hilliard v. Hanson 
 
 Hill Bottery Co., In re . . 
 
 Hilton v. Tucker 
 
 Hinchett v. Kimpson 
 
 Hinks, In re, Ex parte Berthier. . 363 
 
 Hiscocks v. Jones . . . . . . 188 
 
 Hobern v. Fowler, Ex parte Ho- 
 bern . . . . . . . . 185 
 
 Hobson, In re .. 110, 114, 359 
 
 v. Thelluson . . 69, 77 
 
 Hochaday, In re, Ex parte Nelson 322 
 
 Hockey v. Evans . . 
 Hodges v. Patterson 
 Hodgkinson v. Kelly 
 Hodgson v. Gascoigne 
 
 v. Lynch 
 
 Holland v. Hodgson . . 
 
 Holliday v. Lawes 
 
 381 
 ..192 
 ..242 
 ..288 
 . . 49 
 250, 251, 260, 
 262, 263 
 ..196 
 
 and Wakefield (Mayor) 
 
 In re an Arbitration between . . 
 
 Hollier v. Laurie 
 
 Holmes v. Clifton 
 
 — r. Mentze 
 
 Penney 
 
 Holroyd v. Marshall 
 Holt, In re . . 
 
 ■ v. Frost 
 
 Holton v. Guntrip . . 
 
 Homan, Ex parte, In re Broadbent 309 
 
 Home v. Hughes . . . . . . 343 
 
 437 
 378 
 91 
 381 
 369 
 317 
 503 
 380 
 379
 
 TABLE OF CASES CITED. 
 
 XXV 
 
 Hood, Be, Ex parte Trustee r 
 Burgess . . 
 
 v. Bradbury 
 
 Hooman, Ex parte, In reVining 
 
 309 
 
 388 
 
 338, 
 
 345 
 
 .. 197 
 
 .. 185 
 
 .. 3lf 
 
 272, 283 
 
 .. 178 
 
 Hooper v. Lane 
 Hope, In re . . 
 
 v. Hayley .. 
 
 v. Hope 
 
 Hopkins v. Nightingale 
 Horrocks v. Met. Bail. Co. . .427, 434, 
 
 437 
 Hoskins v. Knight . . . . 288 
 
 Hough v. Windus 100 
 
 Howard v. Canty . . . . . . 198 
 
 Howden v. Standish 179, 189, 200 
 
 Howell v. Dawson . . . . 384 
 
 Howes v. Stone . . . . . . 362 
 
 v. Young 362 
 
 Howitt v. Eickaby .. 91,495 
 
 Hughes, In re, Ex parte Hughes 349 
 Little .. .. 319, 329 
 
 v. Bees 
 Doe d., 
 
 v. Jones 
 Greenhill 
 
 .4!', If7, 119 
 
 69, 
 
 Hill, Doe d 
 Hume r. Druyff . . 
 Humphreys v. Pratt 
 Hunt v. Clifford 
 
 r. Fenshani 
 
 v. Hooper 
 
 v. Passmore 
 
 Hurst !'. Sheldon 
 Hutchinson v. Birch 
 
 ■ v. Humbert 
 
 v. Johnston 
 
 Hyland v. Lennox 
 
 I. 
 
 Ibbotson v. Chandler 
 
 Ide, Ex parte 
 
 Ilfracombe Bail. Co. v. Pollimore 
 
 (Lord) 
 
 Imlay v. EllefFsen 
 Imperial Land Co. of Marseilles, 
 In re, Ex parte Col- 
 borne & Straw bridge. . 
 
 Steam & Household 
 
 Coal Co., In re 
 
 65, 93, 
 
 109 
 
 194 
 
 61 
 
 84 
 
 364 
 
 65 
 
 66 
 
 377 
 
 178 
 
 54 
 
 64 
 
 389 
 
 Imray v. Magnay . 
 Inland v. Busbell , 
 Isaac v. Spilsbury 
 Ives v. Lucas 
 
 50 
 
 386 
 350 
 
 243 
 186 
 
 242 
 
 240 
 370 
 379 
 377 
 67 
 
 Izard, Ex parte, In re Chappie .. 301 
 
 Jackson, Ex parte. . 
 - >■. I lill 
 
 v. Mawby 
 
 12, 
 
 Jacobs r. Humphrey 
 
 v. L. B. & S. C 
 
 James P. Whit bread 
 
 Jamieson, In re, Ex parte Pannell 273 
 
 . 185 
 13, 14 
 
 ..196 
 84, 120, 500 
 Bail. Co. 415 
 ..394 
 
 PAGE 
 
 Jarmain r. Hooper . . 59, 61 
 
 Jay, Ex parte, In re Blenkhorn . . 346 
 Jem ries v. Sheppard .. .. 88 
 
 Jeffresorj v. Morton .. .. 110 
 
 Jenkins, Ex parte . . .. .. 195 
 
 Jenkinson v. Brandley Mining 
 
 Co. .. 75, 315, 316 
 
 v. Bullock .. ..275 
 
 Jenkyn r. Vaughan . . . . 369 
 
 Jersey (Earl) v. Uxbridge Rural 
 
 Sanitary Authority .. 80,111 
 Jervoise v. Jervoise . . . . 273 
 
 Johnson, Ex parte, In re Chapman 319 
 
 v. Johnson. 
 >. Leisrh 
 
 Jolly r. Rees 
 Jones v. Atherton . . 
 
 r. Chune 
 
 v. Clayton 
 
 v. Harris 
 
 v. Lewis 
 
 v. Marshall . . 
 
 v. Parcell or Parsell 
 
 V. Perchard . . 
 
 ■ v. Robinson . . 
 
 v. Shepherd . , 
 
 r. Tower Furnishin 
 
 v. Wilhams . . 
 
 v. Wood 
 
 Jordan v. Binckes . . 
 Joseph v. Lyons . . 
 
 v. Webb . . 
 
 Joyner v. Weekes . . 
 Jupp v. Cooper 
 
 K. 
 
 *> ' 
 
 84 
 
 200 
 
 Co. 
 
 289 
 178 
 275 
 
 63 
 405 
 
 93 
 342 
 391 
 185 
 363 
 519 
 517 
 382 
 309 
 
 91 
 499 
 
 87 
 318 
 319 
 414 
 
 49 
 
 sociation . . 
 
 
 344 
 
 Keene v. Dilke 
 
 
 83 
 
 Kehrl v. Parker 
 
 
 415 
 
 Keightley v. Birch 
 Kelly v. Browne . . 
 
 
 117 
 93 
 
 v. Lawrence 
 
 ( n 
 
 175 
 
 Kempland v. Macauley 
 
 Kent v. Freehold Land and Brick- 
 
 65 
 
 making Co. 
 
 
 241 
 
 Kerbey v. Denby 
 Kernot v. Norman 
 
 
 177 
 186 
 
 Keynsham Co., Re. 
 King v. Ballett 
 
 
 211 
 110 
 
 v. Forster 
 
 
 182 
 
 Kingsbury v. Collins 
 Kingsdale v. Mann 
 
 
 24 7 
 130 
 
 Kingston r. Haychurch . . 
 Kipling v. Allan . . 
 v. Todd 
 
 ■22 i 
 
 418 
 
 ■2i:] 
 243 
 
 Kirk c. Clarke 
 
 
 386 
 
 Kirkpatriek v. Kelly 
 Knitrht v. Clarke 
 
 
 181 
 
 127 
 
 Knock v. Met. Bail. Co. . . 
 
 
 424 
 
 L. 
 
 
 
 Ladbrooke v. < Irickett 
 
 
 75 
 
 Laing v. ^\"alkt.r . . 
 
 
 273
 
 XXVI 
 
 TABLE OF CASES CITED. 
 
 PAGE 
 
 Lake v. Turner . . . . . . 508 
 
 Lancashire Waggon Co. v. Fitz- 
 
 hugh 73 
 
 Lane v. Mullins 413 
 
 v. Sewell 517 
 
 v. Sterne . . . . . . 60 
 
 Langley, Ex parte, In re Bishop . . 49, 
 
 SO, 359 
 Laporte v. Costick . . . . 277 
 
 Larchin r. N. W. Deposit Bank. . 337 
 Lathbury v. Brown .. .. 418 
 
 Launock v. Brown . . 68 
 
 Lavies, In re, Ex parte Stephens 252 
 Lawton v. Lawton . . . . 268 
 
 Laycock's Case . . . . . . 494 
 
 Lazarus v. Andrade . . . . 313 
 
 Lea v. Rossi . . . . . . 379 
 
 Leader v. Danvers .. 119, 120 
 
 Leak v. Driffield 280 
 
 Leatham v. Amor.. .. .. 318 
 
 Lee v. Barnes . . . . . . 333 
 
 v. Bude and Torrington 
 
 Junction Bail. Co. . . 243 
 
 v. Dangar . . . . 52, 66, 496 
 
 v. Gansell . . . . 69, 178 
 
 v. Lopes 289 
 
 • v. Rumilly . . . . 59, 60 
 
 v. Turner . . . . . . 338 
 
 Legg v. Evans . . . . . . 75 
 
 v. Mathieson. . .. ..113 
 
 Lepla v. Rogers ... . : .. 414 
 
 Lessee of Linehan v. Anthony . . 131 
 
 Massey v. Ejector . . 131 
 
 Levy v. Abbott 90 
 
 v. Abercorrris Slate and Slab 
 
 Co... .. .. 315, 316 
 
 v. Champneys . . . . 376 
 
 ■ v.Hale .. .. 93, 119 
 
 Lewes (Earl) v. Barnett . . . . 184 
 
 Lewis, Ex parte, In re Henderson 345 
 
 v. Alcock . . . . 92 
 
 v. Eicke 390 
 
 v. Jones . . . . . . 380 
 
 v. Morland 190 
 
 Life Association of England, Re 241 
 Lindsay, Ex parte, In re Arm- 
 strong . . . . . . . . 183 
 
 Little, In re 271 
 
 Liverpool Loan Co., Ex parte, In 
 
 re Bullen.. _ 362 
 
 Lloyd v. Harrison. . .. ..185 
 
 v. Pughe 273 
 
 v. Sandilands .. ..178 
 
 , Doe d., v. Roe .. ..130 
 
 Lockley v. Pyo . . . . . . 77 
 
 Lombard v. Kennedy . . . . 414 
 
 London and Devon Biscuit Co., 
 
 In re 239 
 
 Cotton Co 239 
 
 Financial Association v. 
 
 Stevens .. .. .. 241 
 
 Longbottom v. Berry . . 251, 260, 
 
 26 
 
 Lott v. Melville 
 I ioveitt v. Hill 
 Lovell v. Newton 
 
 263 
 390 
 181 
 
 277 
 
 PAGE 
 177 
 
 65 
 
 76 
 
 422 
 
 359 
 
 386 
 
 Loveridge v. Plastow . . 
 
 Lovick v. Crowder 
 
 Lowthal v. Tonkins 
 
 Lowther v. Caledonian Rail. Co. 
 
 Lucas v. Dicker 
 
 Luckin v. Simpson 
 
 Ludford, In re, Official Receiver 
 
 v. Warwickshire (Sheriff) . . 360 
 
 Lumley v. Simmons . . 324, 327 
 Lusty, In re, Ex parte Lusty . . 266 
 
 Luton v. Sanoner . . . . . . 339 
 
 Lyford v. Tyrrel .. .. ..176 
 
 Lyon v. Morris . . . . 331, 396 
 
 Lyons v. Tucker . . . . . . 314 
 
 Lyster v. Bromley. . . . . . 516 
 
 v. Dolland . . . . 78, 109 
 
 M. 
 
 Mc Arthur v. Cornwall .. ..414 
 
 Macdonald v. Mortlock . . . . 193 
 
 Macdonnel v. Marston .. ..413 
 
 Macey v. Gilbert 331 
 
 McGowan, In re, Ex parte Ash- 
 ton 359 
 
 McHenry, In re, Ex parte Mc- 
 Dermott . . . . . . . . 356 
 
 Mackay, Ex parte, In re Jeavons 309 
 
 v. Douglas . . . . 370 
 
 v. Merritt . . 329, 358 
 
 Mackenzie, Ex parte, In re Bent 341 
 McLeod v. Drummond . . . . 74 
 
 MoNair v. Audenshaw Paint Co. . 398 
 
 Madell v. Thomas 311 
 
 Magnay v. Burt . . . . 193, 494 
 
 v. Monger .. ..181 
 
 Maile v. Mann 518 
 
 Malins v. Dunraven . . . . 482 
 
 Mammatt v. Brett 213 
 
 Manchester and Milford Rail. Co., 
 
 lure 236 
 
 , Sheffield, and Lin- 
 colnshire Rail. Co. v. N. Central 
 Waggon Co. 
 Manders v. Williams 
 Manning, In re 
 
 Mansell v. British Linen Co. Bank 
 Marine Mansions Co., In re 
 Marples v. Hartley 
 Marsden v. Meadows 
 Marshall v. Hicks 
 Martin v. Francis . . 192, 193, 
 c. Wenman 
 
 Mason v. Cutterson 
 
 v. Paynter 
 
 Mather v. Fraser 251, 252, 256, 
 
 262, 263, 
 Maiid v. Barnard . . 62,176, 
 
 Maxim-Nordcnfeldtfl.Nordenfeldt 
 Maybury v. Mansfield 
 Mayer and Fulda v. Mindlewick 
 Mayhew v. Parker 
 
 Meek v. Wendt 
 
 Melville v. Stringer 
 
 Mercer, Ex parte, In re Wise 
 
 309 
 73 
 184 
 413 
 314 
 313 
 309 
 517 
 494 
 18 
 519 
 129 
 260, 
 268 
 410 
 412 
 517 
 322 
 181 
 413 
 329 
 369
 
 TABLE OF CASES CITED. 
 
 XXV11 
 
 PAGE 
 
 Mcrrett, Ex parte . . . . . . 423 
 
 Metcalf v. Scholey . . . . 78 
 
 Metropolitan Comities Society v. 
 
 Brown 262 
 
 Meux v. Jacob . . . . . . 260 
 
 Michael, Ex parte 307 
 
 Micklethwaite v. Fletcher .. 196 
 
 Middlesex (Sheriff), Ex parte . . 199 
 Midland Waggon Co. v . Potteries, 
 
 Shrewsbury and N. Wales Bail. 
 
 Co 236 
 
 Miles v. Harris .. .. ..515 
 
 Miller v. Parnell . . . . 70, 78 
 
 Millwood Colliery Co., Ex parte 239 
 
 Milne, Ex parte 368 
 
 Milner's Settlement, In re . . 271 
 
 Minshall v. Lloyd . . . . 253, 499 
 
 Mitchell v. Simpson . . 180, 354 
 
 Molineux v. Fulgan .. ..131 
 
 Monetary Advance Co. v. Cater.. 336 
 Money r. Leach . . . . . . 175 
 
 Montagu v. Harrison . . . . 186 
 
 Moon v. Raphael . . . . . . 499 
 
 Moore, Ex parte, In re Dickenson 35S 
 , , In re Faithful 351 
 
 v. Magan 
 v. Morris 
 
 Morewood v. S. Yorkshire Rail. Co 
 Morgan, In re 
 
 v. Hardy 
 
 Morgans v. Bridges 
 Morland v. Chitty. . 
 Morris v. Delobbel-Flipo . 
 
 v. Jones 
 
 ■ v. Salberg . . 
 
 Morrish v. Murray 
 
 Mortimore v. Cragg 
 
 Moatyn v. Stock 
 
 Moulson, In re, Ex parte Knightley 
 
 338, 342 
 Mumford r. Collier .. 290,313 
 
 Munk r. Cass 89 
 
 Murietta v. S. American, &c, Co. 380, 
 
 382 
 Mutton, Ex parte, In re Cole . . 346 
 
 V. Young . . 376, 380 
 
 Myers v. Elliot 327 
 
 193 
 
 270 
 
 337 
 
 .. 74 
 
 .. 414 
 
 175, 500 
 
 .. 394 
 
 .. 311 
 
 .. 107 
 
 60, 61 
 
 68, 179 
 
 . . 515 
 
 .. 84 
 
 N. 
 
 Nash r. Allen 
 
 r. Dickinson . . 
 
 V. Lucas 
 
 v. Wooderson 
 
 National Assurance Co. v 
 
 Best. 
 
 Mercantile Bank, Ex 
 
 509 
 '> 1 ") 
 68 
 414 
 193, 
 191 
 
 parte, InreHaynes 320,321, 338,340 
 
 Netley v. Buck 364 
 
 Newcastle (Duke), In re, Ex parte 
 Padwick . . . . . . 78 
 
 Newitt, Ex parte, In re Garrud 309, 
 
 311 
 New Land Development Associa- 
 tion and Gray, In re . . . . 353 
 
 PAGE 
 
 309 
 185 
 
 184 
 339 
 500 
 210 
 
 Newlovc v. Shrewsbury . . 
 
 Newton v. Constable 
 
 v. Harland 
 
 Nicholson v. Cooper 
 
 North v. Middlesex (Sheriff) 
 
 Carolina Estates Co., In re 
 
 Central "Waggon Co. v. 
 
 Manchester, Sheffield and 
 Lincolnshire Rail. Co. . . 309 
 
 Northcote v. Beauchamp . . .. 378 
 
 Northern Investment and Dis- 
 count Co., Ex parte, In re 
 Carlisle 344 
 
 Nutt v. Verney 186 
 
 O. 
 
 Oddy v. Haliet 414 
 
 Official Receiver, Ex parte, In re 
 
 Morritt 334 
 
 O'Neill v. Cunningham . . . . 72 
 
 Opera, In re The .. .. 239,317 
 
 Oram v. Sheldon 391 
 
 Ord, Ex parte, In re Fothergill. . 319 
 Oriental Bank Corporation, In re, 
 
 Ex parte The Crown . . . . 149 
 
 Ormerod v. Foskett . . . . 518 
 
 Osborne v. Tennant . . . . SO 
 
 O' Shea v. O' Shea 205 
 
 Ostler v. Bower 380 
 
 Oxfordshire (Sheriff), In re 381, 393 
 
 -, The Case of the 185 
 
 Pain v. Middlesex (Sheriff) 
 
 Palgrave v. Windham 
 
 Palliser v. Gurney 
 
 Pallister v. Pallister 
 
 Panmure, Ex parte, In re National 
 
 Coffee Palace Co. 
 Panton v. Robart 
 Parker v. Booth 
 
 v. Moore 
 
 Parkins v. Wollaston 
 Parkinson v. Horlock 
 Parry, Ex parte, In re Great Ship 
 
 Co 
 
 Parsons, In re, Ex parte Furber . . 
 -, Stockley v. Parsons 
 ». Brand, Coulson v. Dick- 
 son 
 >. 1 [arerreaves 
 
 Pascoe v. Vyvian 
 Pasmore v. Wilkinson 
 Pate, Doe d. , v. Roe 
 Paxton, In re, Ex parte Pope 
 Payne v. Drewe 
 
 v. Mortimer 
 
 Peacock v. Purvis 
 
 Pearce, In re, Ex parte Cross- 
 
 thwaite . . 63, 89, 
 
 , Ex part.-, In re Williams 
 
 c. Watkius 
 
 73 
 
 2S9 
 
 280 
 
 13 
 
 413 
 73 
 
 378 
 
 176 
 62 
 
 193 
 
 239 
 344 
 278 
 
 341 
 334 
 189 
 201 
 131 
 331 
 76 
 370 
 285 
 
 362 
 335 
 
 3S4
 
 XXY111 
 
 TABLE OF CASES CITED. 
 
 PAGE 
 
 Pearson r. Yewens. . .. .. 198 
 
 Peek v. Deny . . . . . . 414 
 
 Pellow, Ex parte 218 
 
 Pelton Bros. v. Harrison 271, 280, 281 
 Pennington, In re, Ex parte 
 Cooper . . . . . . . . 371 
 
 Penny v. S. E. Rail. Co 436 
 
 Penton v. Browne . . . . 69 
 Penwarden v. Roberts . . . . 340 
 Percival v. Stamp . . . 62, 501 
 Perkins V. Burton . . . . 391, 392 
 v. Meacher 200 
 
 Perkins' Beach Lead Co., In re. . 
 
 Perrin v. Davenport 
 
 1 '< rsse v. Persse 
 
 Philby v. Ikey 
 
 Philips, In re, Ex parte National 
 
 Mercantile Bank 
 Phillips v. General Omnibus Co. . . 
 
 v. Pound . . 
 
 V. Price 
 
 , Doe d., v. Evans. . 
 
 Fickard. v. Bretz 
 
 ■ r. Marriage . . 342, 
 
 Pilkinw-ton v. Cooke 
 
 239 
 
 14 
 
 185 
 
 390 
 
 317 
 82 
 185 
 196 
 110 
 337 
 346 
 507 
 353 
 416 
 189 
 66 
 130 
 196 
 ISO 
 
 Pinfold, Ex parte 
 Pippett v. Hearn 
 Pitcher v. Bailey . . 
 
 v. King 
 
 , Doe d., v. Roe . . 
 
 Pitt v. Coombs 
 
 v. Middlesex (Sheriff) 
 
 Place v. Fagg . . 251, 253, 268 
 
 Plas-yn-Mhowys Coal Co., In re . 239 
 Playfair v. Musgrove . . 70, 78, 87 
 Plornerf. Bull .. .. 176, 196 
 
 Plues v. Capel 382 
 
 Poland, In re .. .. ..185 
 
 Pollen, Ex parte, Re Davis 87, 285 
 Pontypridd and Rhonda Valley 
 
 Tramway Co., In re . . . . 240 
 
 Poole (Mayor, &c.) v. WMtt 110, 114 
 
 Poole's Case 253 
 
 Pope, In re .. .. 101,102 
 
 Popplewell, Ex parte, In re 
 
 Storey 
 Portal v. Emmens . . 
 Porter v. Viner 
 Pott v. Todhunter 
 Potter v. Simpson . . 
 Powell v. Jewsbury 
 v. Lock 
 
 322, 325 
 
 224, 243 
 
 .. 13 
 
 .. 370 
 
 .. 200 
 
 .. 80 
 
 .. 382 
 
 .. 418 
 
 .. 309 
 
 .. 279 
 
 279 
 
 361 
 
 92 
 
 Power v. Horton 
 Preece v. Gilling 
 Price, In bonis 
 
 , In re, Stafford v. Stafford. 
 
 Priestley, In re 
 Pringle v. [saac 
 Printing and Numerical Register- 
 ing Co., In re 241 
 
 Proctor v. Lainson .. .. 500 
 
 Prosser v. Mallinson . . . . 388 
 
 Pugh v. Arton 252 
 
 V.Griffiths 68 
 
 Pul brook v. Ashby 310, 311, 313 
 Pullen v. Purbeck 107 
 
 Punnett, Ex parte, In re Kitchin. 263 
 Purcell, In re .. .. 85, 516 
 
 Pusey v . Pusey . . . . . . 131 
 
 Pyman r. Burt . . . . 58 
 
 Quick v. Staines 
 
 R. 
 
 Q. 
 
 R. 
 
 74 
 
 . Adams and Warren 
 
 , § 
 
 145 
 
 Adderley 
 
 
 
 88 
 
 Austin 
 
 
 
 151 
 
 Backhouse 
 
 . . 
 
 
 178 
 
 Baines 
 
 
 , , 
 
 195 
 
 Barber 
 
 
 
 516 
 
 Barnardo, Re Tye 
 
 (No 
 
 1)'.'. 
 
 205 
 
 Berks (Sheriff) 
 
 
 
 119 
 
 Bickley 
 
 
 
 140 
 
 Bird .. 
 
 . , 
 
 69 
 
 , 228 
 
 Bowles 
 
 
 
 516 
 
 Burgess 
 
 
 193 
 
 , 196 
 
 Caldwell 
 
 , , 
 
 
 516 
 
 Calvert 
 
 , , 
 
 
 193 
 
 Collingridge . . 
 
 
 , , 
 
 140 
 
 Cornwall (Sheriff) 
 
 . . 
 
 49, 91 
 
 Cotton 
 
 , . 
 
 146 
 
 148 
 
 Crackenthorp 
 
 
 
 516 
 
 Dale .. 
 
 
 
 145 
 
 Delamotte 
 
 
 
 144 
 
 Devon (Sheriff) 
 
 194 
 
 503 
 
 517 
 
 Devon (Sheriff), Nathan v. 
 
 
 Elworthy . . 
 
 
 
 91 
 
 Devon (late Sheriff) 
 
 
 504 
 
 Dugger 
 
 
 
 195 
 
 East London Rail. 
 
 Co. 
 
 
 423 
 
 Ellis .. 
 
 
 
 146 
 
 Ely (Justices) 
 
 
 
 219 
 
 Essex 
 
 
 
 414 
 
 Essex (Sheriff) 
 
 
 91 
 
 503 
 
 Farrant 
 
 . . 
 
 
 411 
 
 Fereday 
 
 
 
 517 
 
 Ferrand. 
 
 
 
 411 
 
 Franklin 
 
 
 
 141 
 
 Freme 
 
 . , 
 
 
 516 
 
 Fry .. 
 
 , . 
 
 
 516 
 
 G. N. Rail. Co. 
 
 
 423, 
 
 434 
 
 Halifax Board of Health . . 
 
 436 
 
 Hankins 
 
 
 
 218 
 
 Hertfordshire (Sheriff) 
 
 88, 
 
 120 
 
 Hewitt 
 
 
 
 161 
 
 Hopper 
 
 
 
 152 
 
 Humphrey . . 
 
 
 
 146 
 
 Jenkins 
 
 
 
 195 
 
 Jones .. 88, 119, 
 
 120, 
 
 195, 
 
 515 
 
 Kent (Sheriff) 
 
 200, 
 
 494, 
 
 503 
 
 Kinnear 
 
 , , 
 
 139, 
 
 142 
 
 Lambton 
 
 
 146, 
 
 150 
 
 I. ancaster and Preston Junc- 
 
 
 tion Rail Co. 
 
 
 
 434 
 
 Larking 
 
 
 
 143 
 
 Lee 
 
 t , 
 
 
 146 
 
 London (Sheriff) 
 
 .. 
 
 .. 
 
 504
 
 TABLE OF CASES CITED. 
 
 XXIX 
 
 R. v. London (Sheriffs), Hollier v 
 
 Clark 
 
 — v. London & N. W. Rail Co. . 
 
 PAGE 
 
 504 
 428, 
 434 
 145 
 195 
 
 — v . Lushington . . 
 
 — v. Maby . . 
 
 — v. Manchester, Sheffield & Lin- 
 
 colnshire Rail. Co. . . 427 
 
 — v. Manley-Smith . . . . 427 
 
 — v. Mares. . . . . . . . 153 
 
 — v. Middlesex (Sheriff).. 49, 175, 200, 
 
 429, 434, 5()1 
 
 — v . Middlesex (late Sheriff) . . 504 
 
 — v. Monmouth (Sheriff) . . 119, 503 
 
 — v. Myers 176 
 
 — v. Noonan . . . . 82 
 
 — v. Norwich and Watton Trus- 
 
 tees 436 
 
 — v. Osbourne . . . . 148, 246 
 
 — v. Oxfordshire (Sheriff) . . 376 
 
 — v. Palmer .. .. 194, 517 
 
 — v. Plaw . . . . . . . . 139 
 
 — v. Rawlings, Ex parte "Wilkin- 
 
 son 140, 150 
 
 — v. Renton .. 139,152,193 
 
 — v. Ricketts 161 
 
 — v. Robinson .. .. ..516 
 
 — V. Ryle 140 
 
 — v. St. Asaph (Bishop) . . . . 182 
 
 — v. Sheward 436 
 
 — v. Sherwood .. .. 140,141 
 
 — v. Sloper . . . . . . 148 
 
 — v. Smithies . . . . . . 495 
 
 — v. Soulby 141 
 
 — v. S. "Wales Rail. Co 434 
 
 — v. Stobbs 181 
 
 — v. Stone . . . . . . . . 423 
 
 — v. Templan .. .. .. 213 
 
 — v. Tidmarsh .. .. ..516 
 
 — v. Topping . . . . 148, 253 
 
 — v. Vaughan and Met. District 
 
 Rail. Co 423 
 
 — v. Villers 516 
 
 — v. Ward 145 
 
 — v . Warwickshire (Sheriff) . . 428 
 
 — v. Watson . . . . . . 146 
 
 — v. Wells and Allnutt .. ..148 
 
 — v. "West Riding (Justices), In 
 
 re Thornton . . ..218 
 
 — v . W T ilkes 226 
 
 — v. "Wilkins . . . . . . 502 
 
 — v. Winton . . . . ., 201 
 
 — v. Woolf 213 
 
 Rodman's Microbe Killer Co. v. 
 
 Leather 418 
 
 Railstone v. York, Newcastle & 
 
 Berwick Rail. Co 427 
 
 Ramsay v. Eaton . . . . . . 14 
 
 Ramsbottom v. Rex . . . . 150 
 
 Ramsden, In re . . . . . . 176 
 
 Ranken v. Ilarwood . . . . 81 
 
 Ransford v. Bosanquet . . . . 243 
 
 Raphael v. Goodman 17, 494, 501 
 
 Rateliffe r. Burton .. ..178 
 
 r. Evans.. .. ..413 
 
 Ray v. Ray 74 
 
 PAGE 
 
 Read v. Joannon . . . , . . 315 
 
 v. Victoria and Pimlico Rail. 
 
 Co. 436 
 
 v. Wotton . . . . . , 415 
 
 Real and Personal Advance Co. >:. 
 
 Clears 322, 331 
 
 Redhead v. Westwood .. ..311 
 
 Reed v. Thoyts 
 
 Reeve v. "Whitmore . . ..317 
 
 Reeves v. Barlow . . 311, 312, 319 
 
 v. Penrose . . . . , . 414 
 
 v. Slater .. .. ..175 
 
 Reid v. Poyntz . . . . , . 499 
 
 v. Reid . . . . , . 278 
 
 Remmett v. Lawrence . . . . 92 
 
 Rennie r. Bruce . . . . . . 193 
 
 Rew v. Payne, Douthwaite & Co. 414 
 Reya, Ex parte, In re Salinger . . 362 
 Reynolds v. Barford . . . . 89 
 
 v. Pocock .. ..182 
 
 , Barrock or Williams r. 
 
 Newton . . . , , , ..196 
 
 Rhodes v. Dawson . . . . 389 
 
 — v.Hull .. .. 175,193 
 
 Richards, In re .. .. ..241 
 
 v. Johnston . . . . 83 
 
 Richardson v. Ardley . . . . 253 
 
 r. Harris .. . . :J21 
 
 v. Small wood 369,370 
 
 r . s. E. Rail. Co. . . 427 
 
 V. Trundle . . . . 88 
 
 v.Webb .. .. 110 
 
 Rigby v. Dublin Trunk Rail. Co. 243 
 Riley, In re, Ex parte Official 
 Receiver . . . . . . , , 354 
 
 Rimmer v. Green . . . . . . 185 
 
 ■ v. Turner .. ., 192 
 
 Riseley v. Ryle . .286, 288, 289, 290 
 Rishton v. Nisbett . . . . 184 
 
 Roach v. Wright. . .. .. 377 
 
 Roberts, Ex parte, In re Gillespie 414 
 
 , In re, Evans v. Roberts 309 
 
 v. Roberts 318, 323, 324, 327 
 
 •, Doe d., v. Parry .. 114 
 
 Robertson, In re, Ex parte Lewin 309 
 Robins v. Hender . . . . . . 177 
 
 Robinson v. Briggs . . . . 345 
 
 v. Collingwood . . 86, 325 
 
 ■ r. Tongue . . ..Ill 
 
 • v. Tucker 347, 387, 394, 396 
 
 v. Ye wens . . . . 198 
 
 Rodocanachi v. Milburn . . 333, 414 
 Roe r. Bradshaw . . . . . . 342 
 
 v. Mutual Loan Fund . . 327 
 
 Rogers v. Kennay. . .. .. 73 
 
 Roflason, In re, Rollason v. Rolla- 
 son, Halse's Claim . . . . 74 
 
 Ross v. Army and Navy Hotel Co. 316 
 Ivmth v. Roublott.. .. .. 341 
 
 Rowe v. Tapp 119 
 
 Rowles v. Senior . . . . . . 61 
 
 Royal v. Busby .. .. 517,518 
 
 Endow p. Great Britain Mutual 
 
 Life Assurance Society . . 240 
 
 Rutnball v. Murray . . 70, 78 
 
 Rusden v. Pope .. .. .. 377
 
 XXX 
 
 TABLE OF CASES CITED. 
 
 PAGE 
 
 Rush, In re 102 
 
 Russell, Ex parte, In re Butter- 
 worth 370 
 
 Russen v. Lucas . . . . . . 177 
 
 Ryall v. Rolle 253 
 
 Ryley, In re, Ex parte Official 
 
 Receiver . . .. . . . . 18-1 
 
 B. 
 
 Saffery, Ex parte, In re Bremner 346 
 St. John's College v. Murcott . . 286 
 Salaman v. Warner .. ..351 
 
 Salmon v. James . , . . . . 379 
 
 Salt v. Cooper 109 
 
 Samuel v. Buller .. .. 176,192 
 
 v. Duke 
 
 76 
 263 
 177 
 182 
 319 
 
 Sanders v. Davis . . 
 
 Sandown v. Jarvis 
 
 Sard v. Forrest 
 
 Sari, In re, Ex parte "Williams 
 
 Saul, Roe d., v. Dawson . . 129, 130 
 
 Saunders v. Middlesex (Sheriff) 65, 93 
 
 Saunderson v. Baker . . . . 13 
 
 Saxton v. West 200 
 
 Scales v. Sargeson. . .. .. 390 
 
 Scarfe v. Halifax . . . . 77 
 
 Scarlett v. Hanson . . . . 376 
 
 Schulze v. G-. E. Rail. Co. . . 414 
 
 Scorell v. Boxall 252 
 
 Scott v. Lewis . . . . . . 379 
 
 . v. Morley . . 57, 80, 279, 2S0 
 
 v. Peacock .. .. .. 188 
 
 ■ v. Scholey .. .. 78,110 
 
 Seal v. Claridge 340 
 
 V.Hudson .. .. 14,518 
 
 Searle v. Matthews . . . . 389 
 
 Seaward v. Williams . . . . 389 
 
 Semayne's Case . . 67, 68, 129, 177 
 Semple v. Keen . . . . 193, 194 
 
 Shadgett v. Clipson . . . . 175 
 
 Shakespeare, In re, Dealrin v. 
 
 Lakin 280 
 
 Sharp v. Birch 342 
 
 . v. Brown 321, 338, 343, 356 
 
 v. McHenry 321, 338, 343, 356 
 
 Shattock v. Carden . . 89, 93 
 
 Shaw v. Kirby . . . . 82, 88 
 
 Shears v. Jacobs . . . . . . 339 
 
 Sheers v. Brooks 
 
 Sheffield and S. Yorkshire Per- 
 manent Benefit Building Society 
 v. Harrison 
 Shepherd v. Pulbrook 
 
 v. Wheble 
 
 Sherwood v. Clarke 
 Stingier «. Holt .. .. L 377, 378 
 Shoppee v. Nathan .. .. 497 
 Shrfmpton v. Sidmouth Rail. Co. 243 
 Sibley v. Higga 329 
 
 Silk r. Humphrey . . . . . . ISO 
 
 Silver Hill .Mining Co., In re .. 239 
 Simmons v. Woodward 328, 339, 341 
 Simpson v. Ronton . . . . 180 
 
 PAGE 
 
 68 
 
 263 
 309 
 501 
 114 
 
 Skinner v. City of London Marine 
 Insurance Corporation 
 
 Slack v. London (Sheriffs) 
 
 v. Midland Rail. Co. 
 
 Slackford v. Austen 
 
 Sladden v. Sergeant 
 
 Slade v. Hawley . . 
 
 Slater v. Staines . . 
 
 Slowman v. Back . . 
 
 Smallcomb v. Cross 
 
 Smallman v. Pollard 
 
 Smart v. Hutton . . 
 
 Smith, In re 
 
 v. Broadbent 
 
 v. Critchfield 
 
 v. Darlow . . 
 
 ■ v. Keal 
 
 v. Maclure . . 
 
 v. Milles 
 
 v. Pritchard 
 
 v. Russell . . 
 
 v. Whitlock 
 
 , Edwards & Co. v 
 
 garthen . . 
 
 , Fleming & Co.'s Case . . 
 
 , Knight & Co., In re, Wes- 
 ton's Case 
 
 Smith's Estates, In re, Clements 
 v. Ward 
 
 Snowball v. Dixon 
 
 ■ v. Goodricke 
 
 360 
 
 413 
 
 .. 499 
 .. 415 
 
 188, 194 
 .. 339 
 .. 91 
 .. 517 
 
 378, 384 
 .. 76 
 .. 288 
 13, 494 
 .. 139 
 .. 518 
 .. 374 
 
 391, 395 
 
 59, 60 
 
 .. 263 
 
 .. 13 
 
 .. 493 
 
 67, 285, 286 
 
 .. 281 
 
 Tre- 
 
 .. 414 
 
 239 
 
 241 
 
 279 
 179 
 500 
 131 
 111 
 
 Somerset (Duke) v. Cookson 
 South, In re 
 Southam, Ex parte, In re Southam 325 
 Southport and W. Lancashire 
 
 Banking Co. v. Thompson . . 262 
 Spackman, lure, Ex parte Foley 349, 
 
 350 
 Sparks v. Spinks .. .. .. 181 
 
 Sparrow v. Bristol (Earl) . . 78 
 
 Speck v. Phillips 412 
 
 Spence v. Stuart .. .. ..184 
 
 Spindler, In re, Ex parte Rolph. . 321 
 Standard Manufacturing Co., In 
 
 re 316,317 
 
 Stanton v. Suliard. . .. ..517 
 
 Starr v. London (Mayor, &c.) . . 421 
 Stead v. Gascoigne . . . . 86 
 
 Steamship Titian Co., In re . . 241 
 Steed v. Layner . . . . . . 106 
 
 Steele. Alan 186 
 
 Stevens v. Marston .. ..310 
 v. Mid Hants Rail. Co. . . 241 
 
 «,. PeU 
 
 , Doe d., v. Donston 
 
 Steward v. Lombe. . 
 
 Stimsonv. Farnham 
 
 Stockdale v. Hansax-d 
 
 Stocker v. Heggerty 
 
 Stogdon v. Lee 
 
 Stonehouse v. Ewen 
 
 Stracey v. Hulso 
 
 Stratford v. Twynam 
 
 Streatham & General Estates Co. 
 v. Commissioners of Public 
 Works, Ex parte Phillips . . 43G 
 
 405, 413 
 
 .. 78 
 
 .. 253 
 
 .. 91 
 
 87, 416, 418 
 
 . 382, 393 
 
 . 271, 280 
 
 .. 114 
 
 .. 148 
 
 .. 86
 
 TABLE OF CASES CITED. 
 
 XXXI 
 
 Streeter, Ex pai*te, In re Morris 
 
 391, 395 
 Strong v. Dickinson . . . . 193 
 
 Stubbs v. Lainson . . . . 90 
 
 Summers v. Mosely . . . . 180 
 
 Suter v. Burrell 499 
 
 Sutton v. Baillie 414 
 
 v. Bath 337 
 
 Swain v. Morland . . . . . . 148 
 
 Swaine v. Spencer. . .. .. 388 
 
 Swift v. Pannell ..301, 318, 340, 343 
 Syers v. Met. Board of Works . . 423 
 Sykes v. Sykes . . . . 74 
 
 Tailby v. Official Receiver . . 318 
 
 Tait r. Mitchell . . . . 14, 89 
 
 Tancred v. Allgood . . . . 73 
 
 Tanner v. Swindon, &c. Rail. Co. 437 
 
 Tapley v. Battine 182 
 
 Tarleton v. Dummelow . . . . 377 
 
 Tarlton v. Eisber 187 
 
 Tarn, In re 396 
 
 Taurine Co., In re . . 241, 242 
 
 Taylor v. Best 71 
 
 v . Brander . . .. ..192 
 
 v. Burgess.. .. .. 193 
 
 ■ v. Clemson.. .. .. 436 
 
 v. Lanyon . . . . . . 289 
 
 Thelluson v. Fletcher .. ..413 
 
 Thomas, In re .. .. .. 516 
 
 v. Kelly . . 325, 335, 336, 398 
 
 v. Mirehouse . . 286, 290 
 
 v. Newman . . . . 91 
 
 r. Patent Lionite Manu- 
 facturing Co 242 
 
 v. Searles 319, 320, 325 
 
 Thompson, In re, Nalty v. Aylett 193 
 In re, Reg. v. Wood- 
 ward . . . . 205 
 v . Tottenham & Forest- 
 gate Rail. Co. . . 427 
 
 ■ v. Webster . . . . 369 
 
 , Doe d., v. Mirehouse.. 130 
 
 Thomson v. Moore . . . . 185 
 
 Thoroughgood's Case . . . . 81 
 
 Thorp v. Cregeen . . . . . . 327 
 
 v. Hook . . . . . . 503 
 
 Throssell v. Marsh . . . . 337 
 
 Thurgood r. Richardson . . . . 289 
 
 Thurso Gas Co., In re . . . . 239 
 
 Thynne v. Sari 127 
 
 Tidey, Ex parte 354 
 
 Tilney v. Stansfield . . . . 503 
 
 Tiverton & N. Devon Rail Co. v. 
 
 Loosemoor .. .. ..422 
 
 Todd, Ex parte, In re Ashcroft. . 371 
 
 v. Wright 193 
 
 Tomlinson v. Land and Finance 
 
 Corporation . . . . 3S4, 389 
 
 Tompkins. >n v. Russell ., 'J 1 7 
 
 Tims v. Wilson 347 
 
 Topham < . (Irecnside Glazed Fire 
 
 Brick Co. 2G5 
 
 PAGE 
 
 Topley v. Corsbio 331 
 
 Towne v. Crowder. . . . 93 
 
 Townend v. Yorkshire (Sheriff) . . 518 
 Townsend, In re, Ex parte Parsons 310 
 Triminger v. Keen . . 53 
 
 Trinder v. Raynor. . . . . . 345 
 
 Tuck v. Southern Counties De- 
 posit Bank .. .. 319, 343 
 
 Tullett v. Armstrong . . . . 270 
 
 Turner v. Bridgett . . 84, 396 
 
 v. Culpan 331 
 
 Turquand, Ex parte, In re Parker 343 
 
 ■ v. Board of Trade . . 353 
 
 Tweedale, In re, Ex parte Twee- 
 dale 312 
 
 Twogood v. Morgan .. ..391 
 Twyne'sCase 371 
 
 U. 
 
 Underbank Mills Cotton 
 Manufacturing Co., In re 
 F/nderden v. Burgess 
 Union Bank v. Lenanton . . 
 United Horseshoe and Nail Co. 
 Stewart . . 
 
 Service Co. , In re 
 
 ■ Telephone Co. v. Dale 
 
 Universal Disinfector Co., In re 
 Upton v. Wells 
 Usher v. Martin 
 
 and 
 
 237 
 
 390 
 
 77 
 
 414 
 241 
 80 
 240 
 129 
 338 
 
 Vansittart, In re, Ex parte Brown 372 
 Vickery v. L. B. & S. C. Rail. Co. 409 
 Yillars, In re, Ex parte Rogers 84, 
 
 85, 86 
 Viner v. Clarke . . . . . . 405 
 
 Vron Colliery Co., In re . . 239, 240 
 
 W. 
 
 Wagstaff v. Shorthorn Dairy Co. 1 1 4 
 Wake v. Hall . . . . 257, 269 
 
 Walbank v. Quarterman . . ..518 
 
 Wale v. Westminster Palace Hotel 
 
 Co 419 
 
 Walker v. Hunter 82 
 
 ■ v. London and Blackwall 
 
 Rail. Co 429, 431, 434, 137 
 
 Wallace v. Humes. . 
 Walpole v. Alexander 
 Walsall r. Eeath .. 
 Wansbrough v. Maton 
 Ward r. Dudley t '.ami. -- 
 
 v. Macaulay . . 
 
 Waring v. Dewberry 
 Warman's ( >ase 
 Warraoll v. Young 
 Warren, Ex parte, In re Holland 363, 
 
 366 
 Waterfall v. Penistouc . . . . 264 
 
 
 410 
 
 
 1S1 
 
 
 111 
 
 
 251 
 
 ss) 
 
 268 
 
 
 73 
 
 
 67 
 
 
 199 
 
 
 93
 
 XXX11 
 
 TABLE OF CASES CITED. 
 
 PAGE 
 
 Waterhouse v. Gilbert . . 395, 396 
 Watkins, Ex parte . . . . 185 
 
 ■ v. Evans.. .. .. 334 
 
 — v. Land Securities Co. . . 263 
 
 Watson, In re, Ex parte Official 
 
 Receiver . 
 Carroll .. 
 Delcroix 
 Strickland 
 
 193, 
 
 310 
 
 197, 494 
 
 .. 405 
 
 .. 332 
 
 Watts v. Jeffreys 
 
 Webb v. Eairmaner . . 88 
 
 v. Shaw 395 
 
 v. Taylor 184 
 
 Webber v. Hutchins . . . . 58 
 
 Webster, Ex parte, In re Morris 339, 
 
 344, 392 
 
 „. Delafield . . . . 382 
 
 Weeton v. Woodcock . . . . 252 
 
 Welch, Perrin & Co. v. Anderson 
 
 &Co 414 
 
 Wells, In re, Ex parte Kent 
 
 (Sheriff) 515 
 
 Welsted & Co., Debenture holders 
 
 of, v. Swansea Bank . . . . 317 
 
 Wenman v. Lyon . . . . . . 312 
 
 West v. Hedges 289 
 
 v. Rotkerham . . 390, 391 
 
 Westbury r. Twigg . . . . 241 
 
 West Cumberland Iron and Steel 
 
 Co., In re 242 
 
 Westerman v. Rees . . . . 395 
 
 Westmoreland, Doe d., r. Smith 78 
 
 Whale v. Booth 74 
 
 Whalley v. Williamson . . . . 178 
 
 Wheatley v. Silkstone and Haigh 
 
 Moor Coal Co 317 
 
 White v. Binstead. . . . 285, 286 
 
 v. Chappie 49 
 
 v. Morris 500 
 
 Whitehead v. Bennett . . . . 256 
 
 Whitehouse v. Wolverhampton & 
 
 Walsall Rail. Co 425 
 
 Whitworth v. Gaugain .. 112,113 
 Wigsell v. School for the Indi- 
 gent Blind . . . . . . 415 
 
 Wilde v. Waters 250 
 
 Wildes v. Morris 219 
 
 Wilkinson, Ex parte, R. V. Raw- 
 lings 150 
 
 Wilks v. Popjoy . . . . . . 376 
 
 Willett v. Sparrow . . . . 90 
 
 Williams v. Crossling . . 384, 389 
 
 v. Frith 411 
 
 v.Jones.. .. .. 177 
 
 v. Lewis . . . . 175 
 
 v. Lewsey . . . . 289 
 
 v. Mercier . . . . 273 
 
 ■ v. Richardson . . . . 391 
 
 v. Webb.. .. 185, 201 
 
 PAGE 
 
 Williamson v. Harrison . . . . 495 
 
 Willies v. Farley 77 
 
 Willis, In re, Ex parte Kennedy .313 
 Willis, Winder & Co. v. Coombe . 69 
 Wilson v. Glossop . . . . . . 275 
 
 Wilton v. Chambers 49, 94, 495, 502 
 Wimbledon Local Board v. Under- 
 wood . . . . . . . • 305 
 
 Winfield v. Boothroyd . . . . 132 
 
 Winn v. Ingilby . . 251, 252, 268 
 
 Winter v. Bartholomew 
 
 r. Campbell 
 
 v. Dibdin . . 
 
 v. Kretchman 
 
 v. Miles 
 
 Wintle 
 
 378, 394 
 
 72 
 
 182 
 
 224 
 
 1S1 
 
 Chetwynd (Lord) 65,90, 119 
 
 v. Freeman . . . . 89 
 
 Witham v. Kershaw . . . . 414 
 
 Withernsea Brickworks, Re . . 241 
 
 Witt v. Banner 324 
 
 v. Parker . . . . 395, 396 
 
 Wittenbury v. Law . . . . 243 
 
 Wood, In re, Ex parte McHattie. 337 
 
 v. Dixie . . . . . . 64 
 
 v. Finnis 194 
 
 v. Rowcliffe . . 86 
 
 r. Wood 72 
 
 Woodgate v. Godfrey . . . . 309 
 
 v. Knatchbull . . . . 494 
 
 Woodhani, In re, Ex parte Conder 360 
 Woodland v. Fuller . . 12, 77 
 
 Woodman v. Gist 194 
 
 Woolford's Estate, Trustee of, v. 
 
 Levy 360, 496 
 
 386 
 
 92 
 
 111 
 
 428 
 
 354 
 
 84 
 
 507 
 
 237 
 
 92 
 
 SO 
 
 197 
 
 91 
 
 93 
 
 Woollen v. Wright 
 
 Wordall v. Smith 
 
 Worral Waterworks Co. v. Lloyd 
 
 Worsley v. S. Devon Rail. Co. . . 
 
 Wray, In re 
 
 Wright v. Child 
 
 v. Greenacre 
 
 v. Horton . . 
 
 v. Lainson . . 
 
 v. Redgrove 
 
 . Stanford 
 
 Birch 
 
 , Pearson 
 
 Wylie 
 
 Wyman v. Knight. 
 
 125, 131, 133 
 
 Yabsley v. Doble 501 
 
 Yaroth v. Hopkins . . . . 91 
 
 Yate v. Swaine . . . . . . 405 
 
 Yates, In re, Batcheldor v. Yates. 266 
 
 ■ v. Ashcroft . . . . 342 
 
 Young, Ex parte, In re Symonds. 342 
 ■ , In re, Trye v. Sullivan . . 279
 
 ( xxxiii ) 
 
 TABLE OF STATUTES CITED. 
 
 13 Edw. 1, c. 18 (Statute of Westminster) 
 35 Edw. 1 . . 
 
 3 Hen. 
 23 Hen. 
 
 8, c. 
 
 28 Hen. 8, c. 12 
 33 Hen. 8, c. 39 
 
 5 Eliz. c. 23 
 
 s. 51 
 
 s.l 
 
 s. 2 
 88. 3—7 
 13 Eliz. c. 4 . . 
 
 c. 5 
 27 Eliz. c. 4.. 
 29 Eliz. c. 4 
 16 Car. 1, c. 10, s. 8 .. 
 22 & 23 Car. 2, c. 10 (Statute of Distribution) 
 29 Car. 2, c. 3 (Statute of Frauds) 
 
 8. 7 
 
 s. 10 .. 
 
 8.16 
 
 s. 24 . . 
 c. 7, s. 6 
 
 31 Car. 2, c. 2 
 
 s.2 
 
 8. 9 
 
 1 Jac. 2, c. 17 (Statute of Distribution) 
 
 7 & 8 Will. 3, c. 3, s. 7 
 
 8 & 9 Will. 3, c. 8 
 
 c. 11 .. 
 
 7 Anne, c. 12, ss. 3—5 
 
 c. 21, 8. 14 .. 
 
 8 Anne, c. 14 
 
 s.l 
 
 ss. 6, 7 
 8. 8 
 3 Geo. 1, c. 15, ss. 3, 16 .. 
 20 Geo. 2, c. 37 
 
 32 Geo. 2, c. 28, ss. 1, 4 . . 
 3 Geo. 3, c. 53, s. 3 . . 
 
 25 Geo. 3, c. 35 . . 
 
 38 Geo. 3, c. 52, a. 3 .. 
 
 43 Geo. 3, c. 140.. 
 
 44 Geo. 3, c. 102 
 53 Geo. 3, c. 127 
 
 a. 1 . . 
 56 Geo. 3, c. 50 . . 
 
 aa. 1—3 
 as. 4—6 
 as. 7—10 
 c. 100, 8a. 1—4, 6 
 
 M. 
 
 64 
 
 99 
 
 14G 
 
 .37 
 
 PAGE 
 
 52, 100, 109 
 .. 11 
 .. 448 
 .. 450 
 .. 450 
 .. 451 
 .. 181 
 136, 147 
 .. 147 
 .. 160 
 .. 198 
 
 160, 161 
 .. 161 
 
 136, 147 
 369—371 
 
 113, 372 
 .. 507 
 .. 161 
 .. 275 
 
 109, 184 
 .. 99 
 .. 109 
 76, 77, 99 
 .. 275 
 .. 62 
 
 159, 161 
 .. 199 
 .. 162 
 .. 275 
 .. 467 
 .. 404 
 
 224, 225 
 .. 71 
 .. 467 
 288, 290 
 148, 286 
 .. 288 
 67, 290 
 .. 508 
 .. 88 
 .. 180 
 .. 467 
 .. 152 
 
 161, 162 
 .. 161 
 .. 161 
 .. 198 
 
 160, 195 
 148, 246 
 
 .. 244 
 .. 245 
 .. 246 
 .. 161 
 
 286 
 
 Go
 
 XXXIV 
 
 TABLE OF STATUTES CITED. 
 
 
 
 
 PAGE 
 
 57 Geo. 3, c. 117 
 
 
 
 136, 137 
 
 3 Geo. 4, c. 46 . . 
 
 
 , , 
 
 218, 219 
 
 ss. 2, 5, 6, 8 .. 
 
 
 
 .. 218 
 
 s. 10 
 
 
 . , 
 
 218, 221 
 
 4 Geo. 4, c. 37 
 
 
 
 .. 218 
 
 s. 1 
 
 
 , , 
 
 .. 219 
 
 s. 3 . . 
 
 
 
 .. 218 
 
 s. 4 
 
 
 , , 
 
 .. 219 
 
 s. 5 . . 
 
 
 
 .. 218 
 
 6 Geo. 4, c. 50 (County Juries, 1825) 
 
 .448, 
 
 458 
 
 461, 465 
 
 s. 1 . . 
 
 
 409, 
 
 447, 455 
 
 s. 11 
 
 
 , , 
 
 .. 409 
 
 s. 12 .. 
 
 
 
 409, 456 
 
 s. 14 
 
 
 # , 
 
 .. 467 
 
 s. 15 .. 
 
 
 
 471, 473 
 
 s. 20 
 
 
 , , 
 
 .. 448 
 
 s. 21 .. 
 
 
 
 .. 467 
 
 s. 22 
 
 
 , , 
 
 456, 467 
 
 s. 23 . . 
 
 
 
 .. 482 
 
 s. 24 
 
 
 , , 
 
 .. 483 
 
 s. 25 . . 
 
 
 
 409, 464 
 
 s. 26 
 
 
 t 9 
 
 .. 480 
 
 s. 30.. 
 
 
 
 .. 448 
 
 s. 31 
 
 
 , t 
 
 409, 448 
 
 ss. 32—34 
 
 
 
 .. 448 
 
 s. 35 
 
 
 , , 
 
 448, 484 
 
 s. 36 .. 
 
 
 
 448, 451 
 
 s. 37 
 
 
 
 .. 479 
 
 s. 38 . . 
 
 
 409* 
 
 446, 479 
 
 s. 39 
 
 
 
 .. 467 
 
 s. 40.. 
 
 
 
 464, 485 
 
 s. 41 
 
 
 
 458, 486 
 
 s. 42.. 
 
 
 
 .. 458 
 
 s. 43 
 
 
 
 .. 457 
 
 s. 40.. 
 
 
 
 .. 486 
 
 s. 50 
 
 . 409 
 
 ,449 
 
 ,451,461 
 
 s. 51 .. 
 
 
 
 409, 479 
 
 s. 52 
 
 
 , , 
 
 408, 409 
 
 s. 53.. 
 
 
 
 .. 408 
 
 7 Geo. 4, c. 46 (Banking Companies) 
 
 
 , , 
 
 235, 243 
 
 ss. 12, 13 
 
 
 
 .. 243 
 
 7 & 8 Geo. 4, c. 53, ss. 95, 96 
 
 
 
 .. 223 
 
 1 & 2 Will. 4, c. 58 (Interpleader) . . 373, 383, 
 
 *384, 
 
 387, 
 
 392, 393 
 
 s. 6 
 
 
 t t 
 
 .. 391 
 
 2 & 3 Will. 4, c. 39 . . 
 
 
 
 .. 181 
 
 c. 93, ss. 1—3 
 
 
 
 .. 160 
 
 3 &4 Will. 4, c. 22, ss. 11, 12 
 
 
 
 .. 439 
 
 c. 41, s. 28 
 
 
 , , 
 
 .. 160 
 
 c. 42, s. 3 
 
 
 
 .. 88 
 
 s. 16 
 
 
 1 1 
 
 .. 404 
 
 s. 18 
 
 
 
 .. 417 
 
 ss. 28, 29 
 
 
 
 .. 415 
 
 c. 71 
 
 
 
 .. 442 
 
 c. 74 
 
 
 
 .. 272 
 
 ss. 77, 90 . . 
 
 
 
 .. 272 
 
 c. 99, s. 32 
 
 
 
 .. 221 
 
 c. 105 (Dower, 1833) 
 
 
 
 .. 275 
 
 ss. 2— 11 
 
 
 
 .. 274 
 
 4 & 5 Will. 4 , c. 36 (Central Criminal Court, 1834), s 
 
 *4 . 
 
 
 .. 457 
 
 7 Will. 4 & 1 Vict. c. 22 (Deaths and Births Registration, 1 
 
 337), 
 
 s. 18 454 
 
 c 55 .. . . ..12, 
 
 507, 
 
 509, 
 
 512, 515 
 
 c. 73 . . 
 
 
 , , 
 
 .. 235 
 
 s. 24 . . 
 
 
 
 .. 243 
 
 1 & 2 Vict. c. 96 . . 
 
 
 
 .. 235 
 
 C. 110 
 
 
 100 
 
 110, 114 
 
 s. 3 
 
 
 , , 
 
 .. 176
 
 TABLE OF STATUTES CITED. 
 
 XXXV 
 
 1 & 2 Vict. c. 110, s. 11 .. 
 
 , # 
 
 108 
 
 109, 112 
 
 s. 12 
 
 . • • 
 
 
 .. 71 
 
 8. 13 
 
 
 
 101, 113 
 
 2 & 3 Vict. c. 11, s. 5.. 
 
 
 
 101, 10S 
 
 ss. 9— 11.. 
 
 , , 
 
 
 146, 147 
 
 3 & 4 Vict. c. 82 
 
 
 
 .. 101 
 
 8.2 
 
 
 
 .. 101 
 
 c. 93, s. 1 .. 
 
 
 
 .. 195 
 
 4 Vict. c. 20, s. 24 
 
 
 
 .. 144 
 
 5 & 6 Vict. c. 35 (Income Tax, 1842), s. 35 
 
 * • • 
 
 
 .. 454 
 
 c. 86, s. 8 
 
 , # 
 
 
 .. 152 
 
 6 & 7 Vict. c. 73, Sch. I., Part I. 
 
 
 
 9 
 
 7 & 8 Vict. c. 32 . . 
 
 
 
 .. 235 
 
 c. 61, s. 1.. 
 
 
 
 .. 63 
 
 c. 96, s. 67 
 
 , , 
 
 
 67, 290 
 
 c. 113, s. 47 
 
 
 
 .. 235 
 
 8 & 9 Vict. c. 16 (Companies Clauses Consolidation, 1845). 
 
 .234 
 
 , 314, 419 
 
 ss. 8, 9, 36 . . 
 
 
 
 .. 243 
 
 c. 18 (Lands Clauses Consolidation 
 
 , 1*845) 
 
 419, 
 
 123—426, 
 
 
 431, 433, 
 
 436- 
 
 -439, 513 
 
 ss. 2, 3 
 
 
 
 .. 426 
 
 s. 14 .. 
 
 , 9 
 
 
 .. 430 
 
 ss. 16—22 .. 
 
 • • • 
 
 
 .. 419 
 
 s. 23 . . 
 
 , t 
 
 
 .. 420 
 
 B. 24 
 
 • • • 
 
 
 419, 430 
 
 ss. 25—37 
 
 , , 
 
 
 .. 421 
 
 ss. 38, 39 
 
 t • • 
 
 
 .. 427 
 
 s. 40 .. 
 
 t , 
 
 
 .. 428 
 
 8.41 
 
 • • • 
 
 
 .. 429 
 
 s. 42 .. 
 
 # , 
 
 
 . .. 432 
 
 s. 43 
 
 • • t 
 
 
 .. 433 
 
 s. 4 4 . . 
 
 , ( 
 
 
 . 431, 433 
 
 s. 45 
 
 • ■ « 
 
 
 .. 434 
 
 s. 46 . . 
 
 
 
 . ..432 
 
 8.47 
 
 * • • 
 
 
 .. 434 
 
 s. 48 .. 
 
 , , 
 
 
 . .. 432 
 
 ss. 49, 50 
 
 
 
 .. 435 
 
 ss. 51 — 53 . . 
 
 , 9 
 
 
 .. 437 
 
 ss. 55, 56 
 
 • • • 
 
 
 .. 432 
 
 s. 57 .. 
 
 , , 
 
 
 . .. 431 
 
 ss. 58—62 
 
 » • • 
 
 
 .. 421 
 
 s. 63 .. 
 
 , , 
 
 
 419, 421 
 
 ss. 64— 67 .. 
 
 . • • 
 
 
 .. 421 
 
 s. 68 .. 
 
 , , 
 
 
 . 420, 436 
 
 8.91 
 
 • • • 
 
 
 .. 421 
 
 ss. 93— 113 
 
 
 
 . .. 422 
 
 s. 114 
 
 
 
 422, 423 
 
 ss. 119—126 
 
 
 
 .. 423 
 
 c. 20 (Railways Clauses Consolidation, 1845) 
 
 
 .. 419 
 
 ss. 6—24, 30—44 
 
 t • • 
 
 
 .. 424 
 
 ss. 78—85 
 
 
 
 .. 425 
 
 c. 127, s. 8 
 
 
 
 .. 73 
 
 9 & 10 Vict. c. 93 (Lord Campbell's) 
 
 , , 
 
 
 .. 414 
 
 13 & 14 Vict. c. 83, ss. 20, 21 . . 
 
 • • » 
 
 
 .. 425 
 
 14 & 15 Vict. c. 25, s. 1 . . 
 
 , , 
 
 
 .. 248 
 
 8. 2 
 
 ■ t • 
 
 
 217, l'SS 
 
 8. 3 . . 
 
 , , 
 
 
 . . 258 
 
 15 & 16 Vict. c. 76 (Common Law Procedure, 
 
 L852) 
 
 
 448, 483 
 
 8.10.').. 
 
 , , 
 
 
 .. 445 
 
 s.106 
 
 * • • 
 
 
 .. 467 
 
 s.107.. 
 
 , t 
 
 
 457, 46S 
 
 s. 108 
 
 445 
 
 , 46*8 
 
 481, 512 
 
 s. 110.. 
 
 , , 
 
 
 .. 481 
 
 s. 112 
 
 • • • 
 
 , 
 
 .. 457 
 
 8.113.. 
 
 
 
 .. 458 
 
 c2 
 
 

 
 XXXVI 
 
 TABLE OF STATUTES CITED. 
 
 15 & 16 Vict. c. 76, s. 114 .. 
 
 . • • • 
 
 s.126 
 
 . . • • • • 
 
 8.132.. 
 
 , , , , 
 
 17 & 18 Vict. c. 36 (Bills of Sale, 1854) 
 
 .. 264,291,292, 
 
 311—313, 
 
 317, 337, 339, 341, 
 
 s. 1 .. 
 
 292, 317, 337—339, 
 
 s. 2 
 
 . . . . 
 
 s. 3 . . 
 
 . . 
 
 8. 4 
 
 . • .• • • 
 
 ss. 5, 6 . . 
 
 • • • • 
 
 s. 7 
 
 263, 293, 
 
 s. 8 . . 
 
 . • • • 
 
 c. 125 (Common Law Procedure, 1854) 
 
 s. 59 . . 
 
 • * • • 
 
 s.75 
 
 
 s.132 
 
 • • • • 
 
 18 & 19 Vict. c. 15 
 
 • • . . • • 
 
 ss. 4,5 
 
 . t • • 
 
 s. 11 
 
 
 19 & 20 Vict. c. 97 (Mercantile Law Amendment, 1856), s. 
 
 s. 2 . . 
 
 • . • • 
 
 20 & 21 Vict. c. 57 
 
 . . • • • • 
 
 c. 85, s. 21 . . 
 
 
 21 & 22 Vict. c. 108, s. 8 
 
 • • ■ • • • 
 
 22 & 23 Vict. c. 21 
 
 t • • • 
 
 s. 32 
 
 ■ • • * t • 
 
 ss. 33—35 
 
 f t , t 
 
 ss. 36, 37 . . 
 
 ■ • • • • • 
 
 c. 22, s. 18 . . 
 
 • • • • 
 
 c. 35, s. 11 
 
 • • • • • • 
 
 s. 22 .. 
 
 • ■ • • 
 
 23 & 24 Vict. c. 38, ss. 1,2 . . 
 
 • • • * * • 
 
 c. 106 (Lands Clauses Consolidation, 1860) 
 
 s. 7 
 
 • * • • . . 
 
 c. 115 
 
 • • • • 
 
 c. 126 (Common Law Procedure, 1860) 
 
 s. 13 .. 
 
 ■ • • i 
 
 8.17 
 
 • • • • 
 
 24 Vict. c. 10 (Admiralty Court, 1861), 
 
 s. 16 
 
 24 & 25 Vict. c. 100, s. 36 
 
 • • • . ■ ■ 
 
 25 & 26 Vict. c. 89 (Companies, 1862) 
 
 ..149, 234—236, 
 
 ss. 25—27, 32, 33, 39- 
 
 -61 
 
 ss. 74—83 
 
 
 s. 84 
 
 
 s. 85 
 
 • • . . 
 
 s. 86 
 
 
 s.87 
 
 
 s. 88 
 
 • • • • * * 
 
 s. 89 
 
 
 ss. 90—129 
 
 
 88. 130 .. 
 
 • • • • 
 
 ss. 131—137 . . 
 
 • • • • • • 
 
 s.138 .. 
 
 • • • • 
 
 ss. 139—162 .. 
 
 
 s. 163 .. 
 
 
 ss. 164— 173 .. 
 
 • • t 1 • • 
 
 s. 194 
 
 
 s. 195 
 
 
 ss. 197—203 
 
 ■ * t • 
 
 s. 204 
 
 • • A * • • 
 
 c. 107 (Juries, 1862) . . 
 
 . • 
 
 s. 11 ' .. 
 
 • • • • • ■ 
 
 s. 12 
 
 • • • t 
 
 s. 13 
 
 ., 
 
 8. 14 .. 
 
 • • • • 
 
 26 Vict. c. 20 
 
 308. 
 
 PAGE 
 .. ..482 
 .. 192 
 .. ..224 
 294, 301, 309, 
 342, 344—347 
 341, 343, 345 
 
 293, 325 
 
 293, 343 
 .. 293 
 
 293, 343 
 
 317, 345 
 .. 294 
 .. 448 
 .. 458 
 .. 132 
 .. 242 
 .. 146 
 .. 101 
 .. 112 
 .. 76 
 .. 132 
 .. 273 
 .. 271 
 .. 271 
 
 218, 219 
 .. 219 
 .. 220 
 .. 221 
 .. 475 
 .. Ill 
 
 146, 147 
 
 101, 102 
 .. 423 
 .. 423 
 .. 146 
 .. 374 
 
 376, 384 
 
 395, 396 
 .. 376 
 .. 186 
 
 242, 314 
 .. 237 
 .. 238 
 
 238, 241 
 
 238, 240 
 .. 238 
 
 238, 239 
 .. 238 
 
 238, 241 
 .. 238 
 
 238, 242 
 .. 238 
 
 238, 241 
 .. 238 
 
 238, 240 
 .. 238 
 .. 235 
 
 235, 243 
 .. 238 
 
 238, 240 
 .. 463 
 
 409, 465 
 
 409, 479 
 .. 486 
 .. 466 
 .. 161 
 
 374 
 
 240,
 
 TABLE OF STATUTES CITED. 
 
 XXXV11 
 
 PAGE 
 
 26 & 27 Vict. c. 92 (Railway Clauses, 1863), ss. 20, 21 .... 425 
 
 c. 118 (Companies Clauses, 1863) .. .. .. 231 
 
 27 & 28 Vict. c. 32 . . . . . . . . .... 235 
 
 c. 112 .. .. .. .. .. 102, 109 
 
 ss. 1, 3 .. .. .. .... 101 
 
 ss. 4, 5 . . . . , . . . 102 
 
 28 & 29 Vict. c. 104 (Crown Suits, &c, 1865) . . . . 136, 147 
 
 s. 5 .. .. .. .. ..148 
 
 s. 46.. .. .. .. .... 483 
 
 s. 47 .. .. .. .. 137, 138 
 
 s. 48.. .. .. .. .... 147 
 
 s. 50 .. .. .. .. ..152 
 
 c. 126 (Prison, 1865) .. .. .. .. 487, 488 
 
 ss. 03, 64 . . . . . . . . . . 162 
 
 29 & 30 Vict. c. 14 (County Courts, 1865) . . . . .... 375 
 
 c. 96 (Bills of Sale, 1866) . .291, 294, 301, 343, 344 
 
 ss. 1—4 . . . . . . .... 294 
 
 ss. 5—11 .. .. .. .. ..295 
 
 c. 109, s. 97.. .. .. .. .... 183 
 
 30 & 31 Vict. c. 36 .. .. .. .. .. ..488 
 
 c. 127 (Railway Companies, 1867) .. .. 73,234 
 
 ss. 3—5 .. .. .. .. ..236 
 
 s. 6 .. .. .. .. .... 238 
 
 s. 7 .. .. .. .. 238,241 
 
 s. 8 .. .. .. .. .... 238 
 
 s. 9 .. .. .. .. 238,241 
 
 ss. 10—22, 31—35 . . . . .... 238 
 
 c. 131 (Companies, 1867) . . . . . . 234, 236 
 
 ss. 40—46 . . . . . . .... 238 
 
 c. 142 (County Courts, 1867), s. 8 . . . . . . 375 
 
 31 Vict. c. 24 (Capital Punishment Amendment, 1868), s. 2 . . . . 489 
 
 ss. 3, 4 . . . . . . . . . . . . 490 
 
 ss. 5, 6 .. .. .. .. .... 491 
 
 s. 7 .. .. .. .. .. ..489 
 
 s. 9 .. .. .. .. .... 490 
 
 s. 10 .. .. .. .. .. ..491 
 
 s. 11 .. .. .. .. .... 489 
 
 ss. 14, 15 . . .. .. .. .. 492 
 
 31 & 32 Vict. c. 119 (Regulation of Railways, 1868) . . . . . . 427 
 
 ss. 41—43 . . . . . . . . 425 
 
 s. 145 .. .. .. .... 437 
 
 c. 125,s. 28 .. .. .. .. ..521 
 
 32 & 33 Vict, c. 18 (Lands Clauses Consolidation, 1869), s. 3 . . 423 
 
 c. 62 (Debtors, 1869) . . . . 26, 155, 160, 194, 196, 512 
 
 s. 4 .. .. .. 155, 156, 158, 160 
 
 s. 5 .. .. .. 155—157,160,179,197 
 
 sub-s. 2 . . . . . . . . 194 
 
 s. 6 .. .. 33, 157, 158, 160, 191, 194, 197 
 
 s. 15 .. .. .. .. ..367 
 
 c. 71 (Bankruptcy, 1869) .. 301,304,354,362,363 
 
 s. 87 .. .. .. .. 241, 362 
 
 33 & 34 Vict. c. 52 (Extradition, 1870), s. 11 . . .... 161 
 
 c. 77 (Juries, 1870) .. 37, 409, 447, 448, 459, 461, 462, 
 
 465, 4S4 
 
 s. 4 .. .. .. .. .... 448 
 
 8.6 .. .. .. 409,448.451,461 
 
 8. 7 .. .. .. .. .... 448 
 
 8.8 .. .. .. .. 409,452 
 
 s. 9 .. .. .. ..409, 452, 455, 462 
 
 s. 10 .. .. .. .. 409,452 
 
 s. 11 .. .. .. .. .. 449, 461 
 
 s. 12 .. .. 455,463,464,470,471 
 
 s. 13 .. .. .. .. .. 409, 462 
 
 s. 14 .. .. .. .. 409, 449 
 
 8 15 ... 449 
 
 s.16 .. ' .. 409,449, 458, 468, 481
 
 XXXY111 
 
 TABLE OF STATUTES CITED. 
 
 Vict. 
 
 c. 
 
 77, s. 
 s. 
 
 s. 
 
 s 
 
 ss. 
 
 17 .. 
 19 
 
 sub-s. 
 
 sub-s 
 20 .. 
 21 
 22, 23 
 
 2 
 
 3 
 
 PAGE 
 
 33 & 34 Vict. c. 77,8.17 458,481 
 
 409,458 
 
 . . 449, 455 
 
 ..449 
 
 ..409,465,466,479 
 
 409,459 
 
 .... 484 
 
 93, (Married Women's Property, 1870) . . 270, 271, 275— 
 
 277, 282 
 ss. 1—5 .. .. .. .. ..277 
 
 ss. 7, 8, 12 . . . . . . .... 282 
 
 c. 104 (Companies, 1870) .. .. ..234,236,238 
 
 34 Vict. c. 2 (Juries Act (1870) -Amendment) . . . . . . 484 
 
 34 & 35 Vict. c. 103 (Customs and Inland Revenue, 1871), s. 30. .454, 462 
 
 35 & 36 Vict. c. 41, s. 4 . . . . . . . . .... 241 
 
 c. 52, s. 1 .. .. .. .. ..459 
 
 c. 57 (Debtors (Ireland), 1872), s. 5 .. .. ..156 
 
 36 & 37 Vict. c. 66 (Judicature, 1873) . . . . . . . . 100 
 
 s. 19 .. .. .. .. .... 396 
 
 s. 24 . . . . . . . . . . 74 
 
 sub-s. 4 . . . . . . .... 377 
 
 sub-s. 5 . . . . . . . . 80 
 
 s. 25 .. .. .. .. .... 74 
 
 sub-s. 8 . . . . . . . . 384 
 
 s. 49 .. .. .. .. .... 396 
 
 37 & 38 Vict. c. 35 (Statute Law Revision, 1874) . . . . 235 
 
 c. 50 (Married Women's Property, 1874) . .270, 271, 276,277 
 s. 5 .. .. .. .. ..282 
 
 c. 85 (Public Worship Regulation, 1874), s. 5 .. ..160 
 
 c. 96 (Statute Law Revision (No. 2), 1874) . . . . 235 
 
 38 & 39 Vict. c. 77 (Judicature, 1875), s. 10 . . . . . . 149, 241 
 
 s. 24, sub-s. 5 .. .. .. ..238 
 
 c. 92 (Agricultural Holdings (England), 1875) . . . . 251 
 
 s. 53 .. .. .. .. ..258 
 
 39 & 40 Vict. c. 36 (Customs Laws Consolidation, 1876), s. 9 . . 1, 455 
 
 ss. 243, 244 .. .. .. ..161 
 
 ss. 247—254 . . . . . . .... 223 
 
 c. 57 (Winter Assizes, 1876) . . . . . . 441 
 
 c. 59 (Appellate Jurisdiction, 1876), s. 20 .. ..396 
 
 40 & 41 Vict. c. IS (Settled Estates, 1877) . . . . . . 278 
 
 c. 21 (Prison, 1877) .. .. .. .. 478, 488 
 
 s. 28 .. .. .. .. ..162 
 
 c. 26 (Companies, 1877) .. .. .. 234, 236 
 
 c. 46 (Winter Assizes, 1877) .. .. 441,487 
 
 41 Vict. c. 19 (Matrimonial Causes, 1878) . . . . . . . . 271 
 
 41 & 42 Vict. c. 31 (Bills of Sale, 1878). .86, 291, 295,302, 307, 309—311, 
 
 313—315, 319, 338—341, 344 
 ss. 1—3 . . . . . . . . . . 295 
 
 s. 4 .. 263—265, 296, 302, 308, 310—312, 317, 345 
 s. 5 .. .. .. 264,265,297,317 
 
 s. 6 .. .. .. .. 265,298,313 
 
 s. 7 .. .. .. .. 298,317 
 
 s. 8 .. 298,305,308,319,321,343,345,347 
 s. 9 .. .. .. .. ..299 
 
 s. 10 .. .. 299,304,325,337—340,342—344 
 
 s. 11 .. .. 300,302,339,343,344 
 
 s. 12 .. .. .. .. 301, 302, 343 
 
 s. 13 .. .. .. .. 301, 343 
 
 s. 14 .. .. .. .. 301, 343, 344 
 
 s. 15 .. .. .. .. 301, 343 
 
 8. 16 .. .. .. .. 301, 305, 343 
 
 ..301 
 .. 301, 305 
 
 ..301 
 291, 292, 294, 301 
 
 ..302 
 
 19 
 
 88. 17 
 
 s. 20 .. 
 ss. 21, 22 
 8. 23 . . 
 s. 24
 
 
 TABLE OF STATUTES CITED. 
 
 XXXIX 
 
 TAOE 
 
 41 & 42 Vict 
 
 c. 33 (Dentists, 1878).. 
 
 . . . 456 
 
 
 s. 30 
 
 455, 462 
 
 
 c. 54 (Debtors, 1878), s. 1 
 
 . 156, 160 
 
 42 & 43 Vict 
 
 c. 1 (Spring Assizes, 1879) 
 
 441, 487 
 
 
 s. 3 .. 
 
 . .. 441 
 
 
 c. 59 (Civil Procedure Acts Repeal, 1879) . . 
 
 .. 181 
 
 
 8. 3 . . 
 
 .. 226 
 
 
 c. 76 (Companies, 1879) 
 
 234, 230 
 
 43 Viet. c. U 
 
 1 (Companies, 1880) 
 
 2:34, 2:;G 
 
 43 & 44 Vict 
 
 c. 19 (Taxes Management, 1880), s. 40 
 
 .. 454 
 
 
 c. 42 (Employers' Liability, 1880) 
 
 .. 414 
 
 44 & 45 Vict, 
 
 c. 41 (Conveyancing, 18S1) 
 
 .. 271 
 
 
 s. 20 . . 
 
 333, 334 
 
 
 c. 58 (Army, 18S1) 
 
 .. 73 
 
 
 s. 144.. 
 
 .. 183 
 
 
 s. 146 
 
 2 
 
 
 s. 147 . . 
 
 . . 455 
 
 
 s. 181, sub-s. 5 
 
 2 
 
 
 c. 64 (Central Criminal Court (Prisons), 1SS1) . 
 
 .. 4S7 
 
 
 s. 2, sub-s. 5 
 
 .. 487 
 
 45 & 46 Vict. 
 
 c. 15 (Commonable Rights Compensation, 1882) 
 
 .. 422 
 
 
 c. 43 (Bills of Sale, 1882) . . 291, 302, 306, 
 
 307, 310, 
 
 
 312—316, 318, 325, 326, 335, 338, 340 
 
 344, 345 
 
 
 88. 1, 2 
 
 .. 302 
 
 
 s. 3 .. .. .. 302,308 
 
 317, 318 
 
 
 s. 4 .. .. 265,260,302,319, 
 
 323—325 
 
 
 s. 5 .. .. 205,266,303,317- 
 
 -319, 343 
 
 
 8. 6 . . . . 265, 303, 317 
 
 318, 343 
 
 
 s. 7 . . . . 303, 326, 328, 330, 
 
 333—335 
 
 
 s.8 .. 304,311,316,318,319,323, 
 
 335, 339, 
 
 
 341 
 
 343, 344 
 
 
 s. 9 .. .. 304,318,323,325—327 
 
 332, 335 
 
 
 s. 10 .. .. .. 299 
 
 304, 339 
 
 
 s. 11 .. 
 
 304, 343 
 
 
 s. 12 
 
 305, 322 
 
 
 8. 13 .. 
 
 305, 328 
 
 
 8.14 
 
 .. 305 
 
 
 s. 15 .. .. .. ..299, 301 
 
 305, 343 
 
 
 8.16 .. .. .. ..301 
 
 305, 343 
 
 
 s. 17 .. .. .. 306, 308, 
 
 314—316 
 
 
 s. 18 
 
 .. 306 
 
 
 c. 49 (Militia, 1882), s. 40 
 
 .. 2 
 
 
 c. 50 (Municipal Corporations, 1882) ..423, 
 
 444, 445 
 
 
 s. 165 
 
 .. 442 
 
 
 8. 170, sub-ss. 1, 2 . . 
 
 3 
 
 
 sub-ss. 3, 4 
 
 .. 4 
 
 
 c. 75 (Married "Women's Property Act, 1882) 270, 
 
 271,276, 
 
 
 277, 
 
 280, 282 
 
 
 s. 1, sub-s. 1 .. 
 
 .. 278 
 
 
 sub-ss. 2,4 
 
 .. 279 
 
 
 Bub-s. 5 . . . . . . . . 
 
 .. 281 
 
 
 s. 2 
 
 .. 283 
 
 
 ss. 3, 4 
 
 .. 2S1 
 
 
 s. 5 
 
 277, 278 
 
 
 8. 6 . . 
 
 .. 277 
 
 
 8. 7 
 
 .. 278 
 
 
 ss. 9—13 
 
 .. 281 
 
 
 8.14 
 
 281, 2S3 
 
 
 s. 15 .. 
 
 .. 283 
 
 
 ss. 16, 17 .. 
 
 .. 281 
 
 
 s. 18 .. 
 
 .. 282 
 
 
 8.19 
 
 280, 2S3 
 
 
 ss. 20, 21, 23 .. 
 
 .. 282 
 
 46 & 47 Vict. 
 
 c. 15 (Lands Clauses (Umpire), 1883), s. 1 
 
 .. 421 
 
 
 c. 52 (Bankruptcy, 1883) .. .. 149, 
 
 157, 334 
 
 
 s. 4, sub-s. 1 . . . . . . 340, 
 
 351, 371
 
 xl 
 
 TABLE OF STATUTES CITED. 
 
 241, 
 
 sub 
 
 s. 1 
 
 46 & 47 Vict. c. 52, s. 6, snb-s. 1 
 
 s. 7, sub-ss. 6, 7 ; s. 8, sub-ss. 1, 2 ; s. 9 
 ss. 1,"2 
 s. 10 .. 
 
 sub-s. 2 
 s. 11 .. 
 s. 19 
 s. 20 . . 
 s. 23 
 s. 28 . . 
 s. 30, sub-s. 1 
 
 sub-ss. 2, 3 
 
 sub-s. 4 
 s. 43 . . 
 s. 44 
 s. 45, sub-s. 1 . . 
 
 sub-s. 2 
 s. 46 .. 
 
 sub-s. 1 
 
 sub-s. 2 . . 
 
 sub-s. 3 
 s. 47, sub-ss. 1—3, s. 48 
 s. 48, sub-s. 2 
 s. 52 . . 
 s. 54 
 s. 103.. 
 s. 121 
 
 s. 122, sub-s. 5. . 
 ss. 125, 132—140 
 s. 141, sub-s. 1. . 
 s. 142 
 s.145.. 
 s. 146 
 
 sub-s. 2 . . 
 s. 150 
 s. 168.. 
 c. 57 (Patents, Designs, &c, 1883) 
 c. 61 (Agricultural Holdin 
 s. 34 
 ss. 54, 60 
 
 47 & 48 Vict. c. 61 (Judicature, 1884), s. 17 
 
 50 & 51 Vict. c. 55 (Sheriffs, 1887) . . . . 71 
 
 ss. 3, 4 
 ss. 5, 6 
 
 s. 7 
 
 s. 8, sub-s. 2 
 
 s. 9 
 
 s. 10, sub-s. 1 
 sub-s. 2 
 
 s. 11 .. 
 
 s. 12 
 
 s. 13 .. 
 
 s. 14 
 
 s. 15 
 
 s. 18 
 
 s. 20 
 
 s. 21 
 
 sub-s. 1 . . 
 sub-ss. 2 — 5 
 
 sub-ss. 1, 2 
 sub-ss. 3, 4 
 
 sub-s. 1 
 sub-s. 2 . . 
 sub-s. 3 
 sub-s. 4 . . 
 
 s. 26 
 gs (England), 1883) 
 
 99, 219 
 
 PAGE 
 
 351, 367 
 sub- 
 .. 352 
 .. 354 
 .. 353 
 .. 354 
 .. 366 
 .. 353 
 .. 366 
 .. 354 
 
 187, 355 
 .. 355 
 
 187, 355 
 .. 356 
 
 306, 356 
 .. 358 
 
 358, 359 
 87, 363 
 
 359, 361 
 361, 363 
 
 86, 364 
 .. 371 
 .. 372 
 .. 124 
 .. 353 
 
 157, 356 
 .. 366 
 .. 353 
 .. 366 
 .. 366 
 .. 354 
 84, 364 
 
 110, 253 
 .. 213 
 
 149, 366 
 
 110, 253, 366 
 
 .. 224 
 
 251, 285 
 .. 258 
 . . 259 
 
 375, 402 
 
 100, 
 
 470 
 
 , 507, 518 
 
 1 
 
 2 
 
 4 
 
 176 
 
 .. 478 
 
 37, 77, 100 
 
 .. 89 
 
 .. 150 
 
 409, 468 
 
 .. 487 
 
 .. 180 
 
 .. 179 
 
 .. 180 
 
 .. 494 
 
 106, 429 
 
 407, 410 
 
 .. 407 
 
 .. 507 
 
 .. 505 
 
 505, 518 
 
 505, 507 
 
 .. 505 
 
 .. 520
 
 TABLE OF STATUTES CITED. 
 
 xli 
 
 
 
 PAGE 
 
 50 & 61 Vict. 
 
 c. 55, s. 22, sub-s. 1 . . 
 
 .. .. 520 
 
 
 sub-ss. 2 — 4 . . , . 
 
 .. 521 
 
 
 s. 23 .. 
 
 .. .. 6 
 
 
 b. 24 
 
 .. 11 
 
 
 8. 25 . . 
 
 .. .. 9 
 
 
 s.26 
 
 .. 14 
 
 
 8. 27 .. .. .. .. 9, 
 
 14, 19, 498 
 
 
 s. 28, sub-ss. 1, 2 .. 
 
 .. 20 
 
 
 sub-s 3 . . 
 
 20, 88, 495 
 
 
 s. 29 
 
 .. 12 
 
 
 8ub-8. 1 . . 
 
 .. ..495 
 
 
 sub-s. 2 
 
 496, 518 
 
 
 sub-ss. 3 — 6 
 
 .. ..497 
 
 
 sub-ss. 7,8.. 
 
 .. 498 
 
 
 s. 30 . . 
 
 . . . . 6, 7 
 
 
 s. 32 
 
 3 
 
 
 8. 33, sub-s. 4 . . 
 
 .. ..479 
 
 
 8. 34 
 
 18, 63 
 
 
 8. 35 . . 
 
 .. .. 19 
 
 
 8.36 
 
 4, 476 
 
 
 s. 38 .. .. .. .. 407,429, 478 
 
 
 s. 39, sub-s. 5 
 
 ., 507 
 
 
 c. 57 (Deeds of Arrangement, 1887) 
 
 .. .. 368 
 
 
 s. 4 
 
 .. 367 
 
 
 8. 5 . . 
 
 .. ..368 
 
 
 c. 71 (Coroners, 1887), s. 15 
 
 .. 428 
 
 
 s. 19 .. 
 
 .. ..221 
 
 51 & 52 Vict 
 
 c. 21 (Distress Act Amendment, 1888) 
 
 .. 285 
 
 
 c. 25 (Railway and Canal Traffic, 1888) 
 
 .. ..234 
 
 
 c. 41 (Local Government, 1888) 
 
 3 
 
 
 s. 89 . . 
 
 . . 451, 455 
 
 
 c. 43 (County Courts, 1888), s. 116 
 
 .. 415 
 
 
 s. 152.. 
 
 . . . . 65 
 
 
 s. 160 
 
 .. 290 
 
 
 c. 48 (Companies Clauses Consolidation, 1888) 
 
 .. 234 
 
 
 c. 51 (Lands Charges Registration, &c, 1888) 
 
 .. 369 
 
 
 88. 5, 6 
 
 .. 102 
 
 
 c. 57 (Statute Law Revision (No. 2), 1888) 
 
 .. 235, 409 
 
 52 & 53 Vict 
 
 c. 37 (Companies Clauses Consolida'tion, 1889) 
 
 .. 234 
 
 
 c. 49 (Arbitration, 1889), s. 18, sub-s. 2 
 
 .. 161 
 
 
 c. 63 (Interpretation, 1889), s. 13 
 
 .. ..442 
 
 53 Vict. c. 5 
 
 (Lunacy, 1890), ss. 90—100 
 
 .. 439 
 
 53 & 64 Vict 
 
 c. 21 (Inland Revenue Regulation, 1890), s. 8 
 
 2, 409, 455 
 
 
 s. 39 
 
 .. 2,409 
 
 
 c. 29 (Intestates' Estates, 1890) 
 
 .. 275 
 
 c. 33 (Statute Law Revision, 1890) . . 235, 409, 439, 442 
 c. 39 (Partnership, 1890), ss. 1, 4, 20, 21 . . . . 79 
 
 s. 23 .. .. .. .. .. 79, 145 
 
 s. 33, sub-s. 2 . . . . . . . . 79 
 
 c. 51 (Statute Law Revision (No. 2), 1890) 146, 147, 235 
 c. 53 (Bills of Sale, 1890) . . . . 291, 306, 308, 313 
 
 s. 1 .. .. .. .. .. 306, 325 
 
 ss. 2, 3 . . . . . . . . 306 
 
 62 (Companies (Memorandum of Association), 1890) 234 
 
 c. 63 (Companies (Winding-up), 1890) .. 
 
 234, 238, 240 
 
 c. 64 (Directors' Liability, 1890) . . 
 
 ..234 
 
 c. 71 (Bankruptcy, 1890) 
 
 . . 354, 366 
 
 s. 1 
 
 350, 351 
 
 s. 3 . . 
 
 .. ..366 
 
 8. 6 
 
 ..367 
 
 s. 8 .. 
 
 .. 354, 355 
 
 8. 10 
 
 .. 355 
 
 8. 11 .. 
 
 .. 87,363 
 
 sub-s. 1 
 
 .. 83, 359, 361 
 
 sub-s. 2 . . 
 
 .. 83,361
 
 xlii 
 
 TABLE OF STATUTES CITED. 
 
 53 & 54 Vict. 
 
 c. 
 
 71, s. 12 .. 
 s. 20 
 s. 21 .. 
 s. 29 
 
 •• 
 
 •• 
 
 •• 
 
 84 
 
 PAGE 
 365 
 356 
 366 
 367 
 
 54 Vict. c. 12 (Railway and Canal Traffic (Provisional 
 Amendment, 1891) 
 
 Orders) 
 
 234 
 
 54 & 55 Vict. 
 56 & 57 Vict. 
 
 c. 
 
 c. 
 c. 
 
 35 (Bills of Sale, 1891) 
 
 s. 1 
 
 s. 2 
 65 (Lunacy, 1891),' s. 26 
 21 (Voluntary Conveyances, 
 
 1893) 
 
 .. 291, 
 
 306, 
 
 308 
 
 314 
 306 
 307 
 439 
 372 
 
 c. 54 (Statute Law Revision (No. 2), 1893) . . 409, 453 
 
 c. 58 (Companies (Winding-up), 1893) .. .. ..238 
 
 c. 63 (Married Women's Property, 1893) 270, 271, 276, 277 
 s. 1 .. .. .. .. 276, 280 
 
 s. 2 .. .. .. .. .. 271, 281
 
 ( xliii ) 
 
 TABLE OF RULES AND ORDERS CITED. 
 
 Kegmlae Generates, IT. T., 1846 509 
 
 T. T., 1864 .'.'.512 
 
 ni ... _ M.T., 1869.. 160, 197 
 
 Kules of the Supreme Court, 1883 
 
 Ord. I. r. 1 
 
 r. 2 
 
 Ord. II. r . 1 
 
 Ord. IV. rr. 1, 2 
 
 Ord. XI. . . 
 
 Ord. XII. r. 18 
 
 Ord. XIII. r. o 
 
 r. 6 
 
 Ord. XXXI. 
 
 rr. 21 
 
 23. 
 
 Ord. XXXIV. 
 Ord. XXXVI. 
 
 r 58 
 Ord. XXXVIII.' r 7 
 Ord. XXXIX. 
 Ord XL. r. 2 
 
 rr. 3, 4..' 
 r. 5 .. 
 r. 6 .. 
 r. 10 
 Ord. XLII. 
 
 rr. 1—4 
 
 224 
 
 .. 394 
 
 .. 224 
 
 .. 33 
 
 .. 24 
 
 . . 155 
 
 132, 404 
 
 .. 404 
 
 32, 387 
 
 .. 155 
 
 28 .. ..501 
 
 32,383 
 
 21, 32, 387 
 
 rr. 14, 15, 19.. 21, 405 
 rr. 34, 35 21, 411 
 
 rr. 36, 37.21,411,412 
 r. 56 .. 21, 405, 411 
 r. 57 .. 21,404 
 22,415 
 ..459 
 ..394 
 ..387 
 • • 388 
 
 388, 395, 396 
 ..388 
 .. 387, 394 I 
 22, 38, 99, 159 
 
 r. 5 
 
 r. 6. 
 
 r. 7 
 r. 8 
 
 rr. 9, 10 
 rr. 11, 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 r. 18 
 r. 19 
 r. 20 
 r. 21 
 r. 22 
 r. 23 
 r. 24 
 r. 25 
 r. 26 
 
 r. 27—30 . . 
 
 22 
 
 22', 125 
 
 .22, 123, 124, 132, 
 
 133 
 
 ..23 
 
 23, 99 
 .. 23 
 
 24, 160 
 
 24,58 
 
 . • 24, 53, 58 
 
 24, 53 
 
 24, 58 
 ..25 
 
 25, 52 
 
 25, 160 
 . • 25, 26, 53 
 
 26,53 
 
 ..26, 53, 160 
 
 26, 235,242,243 
 
 ..26 
 
 26, 160 
 26 
 
 27 
 
 Rules of the Supreme Court, 1883 
 Ord. XLII. r. 31 .. L >7. ' 5 
 
 r-32 .. ..27 
 
 rr. 33, 34 
 Ord. XLIII. . . 
 
 r. 1 
 
 r. 2 
 rr. 3, 4 
 
 r. 
 
 rr. 6, 7 
 it. 8—14 
 r. 15 
 
 Ord. XLIV. 
 
 r. l" 
 r. 2 
 
 Ord. XLVII. . . 
 r. 1 
 r. 2 
 r. 3 
 
 Ord. XL VIII. rr. 1, 2 
 
 Ord. XL VIII a. . . 
 
 Ord. LII. 
 
 r. 2 .. 
 
 r. 3 .. 
 
 r. 4 .. 
 
 r. 11 
 
 rr. 12, 13 
 Ord. LIV. r. 12 
 Ord. LVII. . , 
 
 T.l .. 
 
 r. 2 
 r. 3 
 r. 4 
 r. 5 
 r. 6 
 r. 7 
 r. 8 
 
 r. 9 
 
 r. 10 
 
 r. 11 
 
 r. 12 
 
 r. 13 
 
 r. 14 
 
 r. 15 
 
 r. 16 
 
 r. 17.. 
 Ord. LVIII. r. 10 
 r. 15 
 it. 16, 17 
 Ord. LXI. rr. 26, -11 
 
 r. 33 
 Ord. LXII. 
 
 31, 
 
 .. 28 
 
 28, 99 
 
 .. 28 
 
 28, 117 
 
 28, 123 
 29,117,124 
 
 .. 29 
 84, 365 
 .. 84 
 
 29, 159 
 .. 29 
 
 29, 502 
 
 29, 126 
 29 
 
 30, 126 
 .. 30 
 
 30, 132 
 
 .. 79 
 
 .. 23 
 
 .. 159 
 
 88, 501 
 
 501, 502 
 
 .. 501 
 
 416, 501, 502 
 
 . . 502 
 
 .. 388 
 
 30, 374 
 
 30, 374 
 4, 380, 382 
 
 31, 371 
 .. 31 
 
 31, 381 
 31, 397 
 
 31, 382 
 31, 32, 383, 395, 
 
 396 
 
 31, 383, 396 
 
 32, 385 
 
 32, 395, 396 
 32, 376, 384 
 32, 3S7, 38S 
 
 32, 386 
 
 32, 384, 388, 389 
 
 374, 376, 388 
 
 375, 388 
 
 .. 397 
 
 397, 393 
 
 .. 80 
 
 .. 301 
 
 399—402 
 
 135, 159
 
 xliv 
 
 TABLE OF RULES AND ORDERS CITED. 
 
 
 
 PAGE 
 
 Rules of the Supreme Court, 1883, 
 
 Ord. LXIV. 
 
 
 159 
 
 Ord. LXV. r. 
 
 27 
 
 ..518 
 
 Ord. LXVI. r 
 
 7 
 
 ..160 
 
 Ord. LXVIII. 
 
 r. 
 
 2 .. ..136 
 
 Ord. LXLX. 
 
 # 
 
 33, 160 
 
 r. 
 
 1 
 
 ..33 
 
 r. 
 
 2 
 
 33, 197, 512 
 
 rr 
 
 3, 
 
 4 33, 191 
 
 r 
 
 5 
 
 ..33 
 
 r. 
 
 6 
 
 33, 191 
 
 r. 
 
 7 
 
 ..34 
 
 Crown Office Rules, 
 
 1886, 
 
 r. 35 
 
 
 ..161 
 
 rr. 83—95 
 
 
 .. 159,206 
 
 r. 96 
 
 
 159, 206, 207 
 
 r. 97 
 
 
 159,206 
 
 r. 98 
 
 
 159, 206, 207 
 
 r. 99 
 
 
 34, 207, 226 
 
 r. 100 .. 
 
 
 34, 207, 226, 229 
 
 rr. 101, 102 
 
 
 34,226 
 
 rr. 103—110 
 
 
 35,226 
 
 rr. 111—119 
 
 
 36, 226 
 
 rr. 120, 121 
 
 
 37, 226 
 
 r. 122 .. 
 
 
 ..37 
 
 rr. 123—126 
 
 
 ..159 
 
 r. 127 . . 
 
 
 37, 225 
 
 r. 158 . . 
 
 
 37, 409, 459 
 
 r. 159 . . 
 
 37, 
 
 482, 485, 512, 513 
 
 r. 163 .. 
 
 
 ..460 
 
 rr. 217—220 
 
 
 38, 159 
 
 rr. 221—223 
 
 
 39, 159 
 
 r. 224 . . 
 
 
 .. 39, 52, 159 
 
 r. 225 . . 
 
 
 39, 159 
 
 r. 226 . . 
 
 
 39, 53, 159, 197 
 
 r. 227 . . 
 
 
 .. 39, 53, 159 
 
 r. 228 . . 
 
 
 39, 159 
 
 rr. 229—232 
 
 
 40, 159 
 
 r. 233 .. 
 
 
 40, 159, 209 
 
 r. 234 .. 
 
 
 40, 159 
 
 Crown Office Rules, 1886, 
 
 PAGE 
 
 rr. 235—240 
 r. 241 . . 
 rr. 242 — 245 
 rr. 246—248 
 r. 249 .. 
 rr. 250, 251 
 r. 252 . . 
 rr. 253, 254 
 rr. 255—260 
 r. 261 . . 
 r. 262 . . 
 rr. 263—268 
 rr. 269—275 
 r. 276 .. 
 r. 277 . . 
 r. 278 .. 
 r. 279 .. 
 rr. 280, 281 
 rr. 282, 283 
 r. 284 . . 
 rr. 285—292 
 rr. 293—298 
 r. 305 . . 
 Bankruptcy Rules 
 
 rr. 13, 92 363 
 
 r. 118 361 
 
 r. 119 363 
 
 rr. 267,269, 336 367 
 
 rr. 355—362 157 
 
 Deeds of Arrangement Act Rules, 
 
 1888 369 
 
 Order as to Sheriff's Fees, 1888 . .506, 
 507, 515, 517, 518 
 Bankruptcy Rules, 1890, rr. 18—38 . 367 
 Deeds of Arrangement Rules, 
 
 1890 369 
 
 Rules in Lunacy, 1892 . . . . 439 
 Order in Council as to Circuits, 
 
 1893 441 
 
 41, 159 
 
 41, 159, 161 
 
 42, 159, 161 
 
 42, 159, 161 
 
 42, 159 
 .. 159 
 159, 161 
 .. 159 
 
 ' 43, 159 
 
 43, 159, 197 
 
 43 
 
 44 
 
 44, 158 
 
 44, 159 
 
 45, 159 
 45, 159, 160 
 
 45, 159 
 45, 159, 191 
 45, 159, 191 
 
 46, 159 
 
 1886, 
 
 161 
 199 
 199 
 162 
 161 
 161 
 482 
 161 
 159 
 502 
 199 
 159 
 159 
 159 
 160 
 160 
 161 
 191 
 199 
 197 
 191 
 159 
 161
 
 ( xlv ) 
 
 TABLE OF ABBREVIATIONS. 
 
 Ad. & E Adolphus and Ellis's Reports. 
 
 Amb Ambler's Reports. 
 
 Anst Anstru ther's Reports. 
 
 A. C.(precededby[1891], Law Reports, Appeal Cases. 
 [1892], &c. as the year 
 
 may be) . 
 
 App. Cas Law Reports, Appeal Cases. 
 
 Atk. Sh Atkinson on Sheriffs. 
 
 Atk Atkyn's Reports. 
 
 B. & A Barnewall and Alderson's Reports. 
 
 B. & Ad Barnewall and Adolphus's Reports. 
 
 B. & B Broderip and Bingham's Reports. 
 
 B. & C Barnewall and Cresswell's Reports. 
 
 B. C. R Bail Court Reports, Saunders and Cole. 
 
 B. & S Best and Smith's Reports. 
 
 Bac. Abr Bacon's Abridgment. 
 
 Barn Bamardiston's King's Bench Reports. 
 
 Batt Batty' s Reports (Ireland). 
 
 Beav Beavan's Reports. 
 
 Bing Biugham's Reports. 
 
 Bing. N. C Bingham's New Cases. 
 
 Bl. H Blackstone's (Henry) Reports. 
 
 Bl. W Blackstone's (William) Reports. 
 
 Blac. Com Blackstone's Commentaries. 
 
 Bli Bligh's Reports. 
 
 Bli. N. S Bligh's Reports, New Series. 
 
 Bos. & Pul Bosanquet and Puller's Reports. 
 
 Bro. Abr Brooke's Abridgment. 
 
 Bro. C. C Browne's Chancery Reports. 
 
 Brod. & B Broderip and Bingham's Reports. 
 
 Burr Burrow's Reports. 
 
 C. B Common Bench Reports, or Manning, Granger and 
 
 Scott's Reports. 
 
 C. B., N. S Common Bench Reports, New Series. 
 
 C. C Cases in Chancery or Crown Cases. 
 
 C. & E Cababe and Ellis's Reports. 
 
 C. & J Crompton and Jervis's Reports. 
 
 C. & K Carrington and Kirwan's Reports. 
 
 C. & M Crompton and Meeson's Reports. 
 
 C. M. & R Crompton, Meeson and Roscoe's Reports. 
 
 C. P. D Law Reports, Common Pleas Division. 
 
 C. & P Carrington and Payne's Reports. 
 
 C. of S. Ca., 4th Series.. Court of Session Cases, 4th Ser. (by Rettie and others). 
 
 Camp Campbell's Reports. 
 
 Car. & M Carrington and Marshman's Reports. 
 
 Ch. (preceded by [1S91], Law Reports, Chancery Division. 
 
 [1892], &c. as the year 
 
 may be) . 
 Ch. D Law Reports, Chancery Division.
 
 xlvi TABLE OF ABBREVIATIONS. 
 
 Chit Chitty's Reports. 
 
 Chit. Arch Chitty's Archbold's Practice. 
 
 Chit. Forms Chitty's Forms. 
 
 CI. & F Clark and Finnelly's Reports. 
 
 Co Coke's Reports. 
 
 Co. Litt Coke on Littleton. 
 
 Coll. C. R Collyer's Chancery Reports. 
 
 Com. Dig Comyns's Digest. 
 
 Coop. temp. Brough. . . Cooper's (C. P.) Cases time of Brougham. 
 
 Cowp Cowper's Reports. 
 
 Cro. Eliz Croke's Reports, time of Elizabeth. 
 
 Cro. Car Croke's Reports, time of Charles. 
 
 D. & L Dowling and Lowndes' Practice Cases. 
 
 D. & M Davison and Merivale's Reports. 
 
 D. & R Dowling and Ryland's Reports. 
 
 Dalt. Sh Dalton on Sheriffs. 
 
 De G. & J De Gex and Jones's Reports. 
 
 De G. M. & G De Gex, Macnaghten and Cordon's Reports 
 
 Doug Douglas' Reports. 
 
 Dow & CI Dow and Clark's Cases. 
 
 Dowl. P. C. or D. P. C. Dowling's Practice Reports. 
 
 Dowl. N. S. or D. N. S. Dowling's Practice Reports, New Series. 
 
 Drew Drewry's Reports. 
 
 Durn. & E. or T. R. . . Durnford and. East, or Term Reports. 
 Dy Dyer's Reports. 
 
 East East's Reports. 
 
 El. & E Ellis and Ellis's Reports. 
 
 Eq. Cas. Abr Equity Cases Abridged. 
 
 Esp Espinasse's Reports. 
 
 Ex Welsby, Hurlstone and Gordon's Reports. 
 
 Ex. D Law Reports, Exchequer Division. 
 
 E. & F Foster and Finlason's Reports. 
 
 Eor Forrest's Reports. 
 
 G-. & D Gale and Davison's Reports. 
 
 Gale Gale's Exchequer Reports. 
 
 Gifr Giffard's Reports. 
 
 Gilb. Ex Gilbert's Executions. 
 
 H. & C Hurlstone and Coltman's Reports. 
 
 H. & N , Hurlstone and Norman's Reports. 
 
 H. & W Harrison and "Wollaston's Reports. 
 
 H. L. Cas Clark's House of Lords' Cases. 
 
 Hard Hardres' Reports. 
 
 Hare Hare's Reports. 
 
 Hodo- Hodges' Reports. 
 
 Holt° Holt's (Sir John) Reports. 
 
 Ir. C. L Irish Common Law Reports. 
 
 Ir. Ch Irish Chancery Reports. 
 
 j. p Justice of the Peace. 
 
 J ac Jacob's Reports. 
 
 Jon Jones' Reports (Ireland) . 
 
 Jones, W Jones' (Sir William) Reports. 
 
 J ur Jurist Reports. 
 
 Jur. N. S Jurist, New Series. 
 
 Kay & J Kay and Johnson's Reports. 
 
 Keb Keble's Reports.
 
 TABLE OF ABBREVIATIONS. v l„-- 
 
 Al\ H 
 
 L. J. "c k 'p f aw Journal, Bankrupt, r. 
 
 L. J. Ch. t « W T 0Uma }' £ ommon P ^as. 
 
 L J Ex t J° uruil1 . Chancery. 
 
 Li J.',' M C T J T ° urna ]> Exchequer. 
 
 L. J. Q.' B YZ T° Uma ' Magistrates' Cases. 
 
 L. J. ? c ^ aW J° urn!l1 . Q^en'a Bench. 
 
 L. Ml & P T?l5 >un £ 1 ' Privy Council - 
 
 L. R., o C Lowndes, Maxwell, and Pollock's Reoorts 
 
 l. r. o p.:: tz p: por f ts S rown c — ^^ p 
 
 L.R. Ch Law Reports, Common Pl,,, s . 
 
 L. R. En r™ S Cp0rts ' Chancery. 
 
 L R £ v ^ W * C P°**, Equity. 
 
 L." R.' HL t ^ ?°I Jorts ' Exchequer. 
 
 L. R. I. ^ aw geports, House of Lords. 
 
 L R PC t aw £ e Ports (Ireland). 
 
 L. T.'. ^ aw 5 e Ports, Privy Council. 
 
 Latch.:::; rtrJT 8 - 
 
 Leg. O r i "Reports- 
 Leon.. Eegal Observer. 
 
 Ld. Ken Leonard's Reports. 
 
 Ld. Raym." ffTO 8 Ee port S . 
 
 Lind. t ?, Ra y m ond's Reports. 
 
 -LdndJey on Companies. 
 
 M. B 
 
 M. 
 
 M 
 
 ■' T>\ & De G." ' : fc! 1 '! Rankru Ptey Reports. 
 
 & G. S aSrU ' D ? acon and De Gex'.s Reports 
 
 M. & Jtf. : ff a " nulg ^^ ran » er ' s Reports 1 
 
 M. & R S 7 aud Malki "'s Reports. 
 
 m. & s. . .:::::::::::• fere js^ 1 "*- ^pon*. 
 
 M.' & Scott ' .' M a n U i e aDd felwyn's Reports. 
 
 M.&W ll 00Te and , Scott s Reports. 
 
 Macq. H. L Cas T\fc S ° n En , d ^Isby's Reports. 
 
 M<cii. & £. . as SfBfS" 8 rt* A PP eaIs - 
 
 Marsh M»2l £ ^ d YoUn °' 8 Reports. 
 
 Meo- Marshall's Reports. 
 
 Mod.' Rep ' 'I::;:::- Jffft "»** Companies Acts. 
 
 Moo. p. C C ™ e ? Reports. 
 
 Moo & R 'or M *»■ k ^°°^ e S Pnv F Council Cases 
 Moore (G P ) M - & R ° b - £?° od ? a * d Robinson's Reports. 
 V ; Moore's Common Pleas Reports. 
 
 n! & ¥:. . ; ; ; S; e and Manning's Reports. 
 
 N. R. . NeMlJe and Perry's Reports. 
 
 New Reports, by Bosanquet and Puller. 
 
 P.' wL' ' .' : ; ; g™*' "£* P a ™°*'s Reports. 
 
 Pal. £eere Williams' Reports. 
 
 p ar Palmer's Reports. 
 
 p ea Barker's Reports. 
 
 Ph' Peake's Reports. 
 
 Price ". Phillip's Reports. 
 
 i rice's Reports. 
 
 h&g &ttEiSg2gi23r* *-« . 
 
 Q. B. 
 Q. B. 
 
 [1891 
 
 Q a B tl D y ' ;,rmaybe) ''- 
 
 Law Reports, Queen's Bench Division. 
 
 R. & M. t, 
 
 R. R. . ***** an £ Moody's Reports. 
 
 Rail. Cas Reused Reports. 
 
 Railway Cases by Nicholl and others
 
 xlviii TABLE OF ABBREVIATIONS. 
 
 Rep Coke's Reports. 
 
 Roll. Abr Rolle's. Abridgment. 
 
 Roll. R Rolle's Reports. 
 
 S. M. L Smith's Leading Cases. 
 
 Salk Salkeld's Reports. 
 
 Saund Saunders's Reports. 
 
 Scott Scott's Reports. 
 
 Sco. N. R Scott's New Reports. 
 
 Show Shower's Reports. 
 
 Sid Siderfin's Reports. 
 
 Sol. Jour Solicitors' Journal. 
 
 Sta Starkie's Reports. 
 
 Stra Strange's Reports. 
 
 Swans Swanston's Reports. 
 
 T. L. R Times Law Reports. 
 
 T. R Term Reports, Dumford and East . 
 
 T. & R Turner and Russell's Reports. 
 
 Taunt Taunton's Reports. 
 
 Tyr Tyrwhitt's Reports. 
 
 Vern Vernon's Reports. 
 
 Ves. jun Vesey's, jun., Reports. 
 
 Ves. or Ves. sen Vesey's, sen., Reports. 
 
 W. N Weekly Notes. 
 
 W. R Weekly Reporter. 
 
 Wats. Sh Watson on Sheriffs. 
 
 West , West on Extent. 
 
 Wightw Wightwicke's Reports. 
 
 Will. Woll. & H Willmore, Wollaston, and Hodges' Reports. 
 
 Wils Wilson's Reports. 
 
 Y. & C Younge and Collyer's Reports. 
 
 Y. & J Younge and Jervis's Reports. 
 
 ADDENDA ET CORRIGENDA. 
 
 Page 52, line 4, for "receipt " read " service." 
 
 Page 73, last line, after " p. 291," read " et *ey." 
 
 Page 75, line 8, after " 177," read "and see this case generally, as also Roger 
 v. Kenny, cited ante, p. 73, in relation to Lien.'''' 
 
 Page 84, line 31, after " rr. 8—15, R. S. C. 1883" read "such section and 
 8 — 14 of such Rules are set outpost, p. 365." 
 
 Page 312, line 27, add " But see ante, p. 310." 
 
 Page 319, line 4, add afterword "effect" "See, however, Thomas v. Kelly, 
 cited post, p. 325." 
 
 Page 3G1, margin, for " 50/." read " 20/." 
 
 Page 379, line 30, after "189," read "See, however, on this point ante, 
 pp. 287, 288." 
 
 Page 389, line 9, add after cited case of Hyland v. Lennox " The above 
 statement with regard to the execution creditor's liability for costs must, however, 
 lie taken subject to the provisions of Ord. LVII. rr. 1G and 17, ante, pp. 374, 
 375, 388." 
 
 Page 518, line 21, for " 1 Q. B. D." read " [1892] I Q. B."
 
 Page 57 et seq. "Indorsements on the Writ of Execution." 
 
 Page 81, " Death of Parties:' 
 
 These portions to be read subject to the alteration of the 
 law effected by the Sale of Goods Act, 1893 (which Act was 
 not passed until 20th February, 1894, and, therefore, after this 
 Wm-k went to press).
 
 SHERIFF LAW. 
 
 Chapter I. 
 
 APPOINTMENT OF SHERIFF AND HIS OFFICERS. 
 
 PAGE 
 
 Appointment and Qualification of Sheriff 1 
 
 Uhder-Sheriff' 6 
 
 Precedence ---------9 
 
 Dress - - - - - - - - - -11 
 
 Sheriff's London Deputy 11 
 
 Bailiffs - - - 12 
 
 Franchises, 8fc. --.-----18 
 
 Appointment and Qualification of Sheriff. 
 By sect. 3 of the Sheriffs Act, 1887 (50 & 51 Vict. c. 55), Annual 
 " (1.) A sheriff shall be annually appointed for every county (a). f Bheriff and 
 
 " (2.) Save as provided by this Act, a sheriff shall not hold jjjjgf 0011 of 
 office for more than one year, and a grant after the passing of 
 this Act of the office for more than one year shall be void. 
 
 " (3.) The office of sheriff or of any officer of a sheriff shall 
 not become void by reason of the demise of the Crown, or in 
 Cornwall of the Duchy of Cornwall, but the person holding the 
 office shall, unless sooner removed or superseded, continue in 
 office for the remainder of his term in like manner as if such 
 demise had not taken place." 
 
 By sect. 4, " A person shall not be appointed sheriff nor bailiff Qualification 
 of a franchise except he have sufficient land within Iris county 
 or bailiwick to answer the Queen and her people " (b). 
 
 (a) The expression "county" means a comity at lai'go, and does not 
 include a county of a city or a county of a town. 
 
 (b) The following persons are exempt from serving as sheriff, viz. :— 
 Officers of customs (39 & 40 Vict. c. 36, s. 9), commissioners, collectors, 
 
 M. B
 
 APPOINTMENT OF SHERIFF AND HIS OFFICERS. 
 
 Same person 
 not to be 
 chosen twice 
 in three years. 
 
 Nomination 
 and appoint- 
 ment of 
 sheriffs. 
 
 "Pricking" 
 of sheriff to 
 he notified in 
 London Gazette 
 and warrant 
 transmitted 
 to person 
 "pricked." 
 
 Duplicate of 
 warrant to he 
 transmitted to 
 clerk <if peace 
 of county. 
 
 By sect. 5, " A person who lias been sheriff of a county for a 
 whole year shall not within three years next ensuing be ap- 
 pointed sheriff of that county unless there is no other person 
 in the county qualified to fill the office." 
 
 By sect. 6, " (1.) On the twelfth day of November in every 
 year (or if that day fall on a Sunday then on the ensuing 
 Monday) persons fit to serve as sheriffs shall be nominated for 
 every county at the Eoyal Courts of Justice in the manner that 
 has been heretofore used and observed (b), and shall be so nomi- 
 nated by the following great officers, namely, the Lord High 
 Chancellor of Great Britain, the Lord High Treasurer, or if 
 there is no Lord High Treasurer, the Chancellor of the Exche- 
 quer, the Lord President and others of her Majesty's Most 
 Honourable Privy Council, and the Lord Chief Justice of 
 England, or any two or more of such great officers, taking to 
 them the judges of her Majesty's High Court of Justice, or any 
 two or more of them. 
 
 " (2.) Whenever her Majesty has duly pricked a person to be 
 sheriff of a county, the same shall be forthwith notified in the 
 London Gazette ; and a warrant in the form in the First Sche- 
 dule to this Act shall be forthwith made out and signed by the 
 Clerk of the Privy Council and transmitted by him to the person 
 so pricked ; and the appointment of sheriff so made shall be of 
 the same effect as if made by patent under the Great Seal ; and 
 every sheriff so appointed upon making the declaration of office 
 in this Act mentioned shall by virtue of this Act only and 
 without payment of any fee have and exercise all powers, privi- 
 leges, and authorities usually exercised and enjoyed by sheriffs 
 of counties in England. 
 
 " (3.) A duplicate of the said warrant shall within ten days 
 after the date thereof be transmitted by the Clerk of the Privy 
 Council to the clerk of the peace of the county for which such 
 
 officers or persons employed under the authority of the Commissioners in 
 relation to Inland Revenue (53 & 54 Vict. c. 21, Inland Revenue Regula- 
 tion Act, 1890, s. 8, and see "definitions," s. 39), and commissioned 
 officers of her Majesty's regular forces on full pay (44 & 45 Vict. c. 58, 
 s. 14G). The liability of officers of the auxiliary forces to be nominated 
 to the office of sheriff is not affected by their battalions or corps being 
 8 i mbled for annual training at the time of nomination (44 & 45 Vict. 
 c. 58, s. 181, sub-s. 5). Bui a sheriff being a miiitia officer shall during 
 embodiment be discharged from personally performing the office of sheriff, 
 and. the under-sheriff shall be answerable for its execution in the high 
 she] Lff's name (15 & 48 Vict. c. 49, s. 40). 
 (b) See last note.
 
 APPOINTMENT AND QUALIFICATION OF SHERIFF. 3 
 
 person is appointed sheriff and shall be enrolled and kept by 
 the said clerk of the peace without fee. 
 
 " (4.) Nothing in this section shall apply to the counties of 
 Cornwall, Lancaster, or Middlesex." 
 
 By sect. 32, " One sheriff may continue as heretofore to be Application 
 appointed for the counties of Cambridge and Huntingdon as if bridge and 
 they were one county." Huntingdon. 
 
 The sheriffs of the City of London were formerly sheriffs of Tne sheriffs 
 London and the sheriff of Middlesex. For the City they were the sheriff of 
 two sheriffs ; for Middlesex they acted as one, dividing the Ml(ialc ^' x - 
 individual appointment between them, and putting their plural 
 signature to documents written in the singular, as by the sheriff 
 of Middlesex. But by the operation of the Local Government 
 Act, 1888, the Crown appoints the sheriff of Middlesex as well 
 as for the county of London, and the authority of the sheriffs 
 of London is restricted to the City. 
 
 The sheriffs of the City of London are elected annually by 
 such of the freemen of the City of London as are liverymen of 
 the various companies. The election takes place on the 24th of 
 June. The persons in nomination are as follows, and are put 
 in nomination in the following order : — (1) All aldermen who 
 have not served the office ; (2) Persons nominated by the Lord 
 Mayor between the 14th of March and 14th of May, such 
 persons to be in nomination for five years (the Lord Mayor 
 must not nominate more than three freemen, and any persons, so 
 nominated, may be discharged from nomination on payment 
 within a fortnight to the Chamberlain of 200/.) ; and (3) Any 
 person free of the city, nominated by two liverymen (such 
 person to be discharged from election or nomination on making 
 oath before the Lord Mayor and Court of Aldermen that he 
 does not possess real and personal estate separately or together 
 of the value of 30,000/.). In the event of a contest the poll is 
 taken on the third day under the City of London Ballot Act, 
 1887, the Secondary (c) being the returning officer. 
 
 By 45 & 46 Vict. c. 50 (Municipal Corporations Act), s. 170, Appointment 
 "(1.) The council of every borough being a county of itself, counties of* 
 and of the city of Oxford, shall on the ninth of November in every ,i,i ' s aiul 
 year appoint a fit person to execute the office of sheriff. towns. 
 
 " (2.) The appointment shall be made at the quarterly meeting 
 of the council immediately after the election of the mayor. 
 
 (c) As to tho office of Secondary, see })ost, p. 7, under title " Under- 
 sheriff." 
 
 b2
 
 APPOINTMENT OF SHERIFF AND HIS OFFICERS. 
 
 cities and 
 counties of 
 towns. 
 
 " (3.) The sheriff shall hold office until the appointment of his 
 successor. 
 
 " (4.) He shall have the same duties and powers as the sheriff 
 or the person filling the office of sheriff in the respective borough 
 or city would have had if this Act had not been passed." 
 Application of By sect. 36 of the Sheriffs Act, 1887, " (1.) The sheriff of a 
 of counties of county of a city or a county of a town other than London shall 
 continue to be appointed in manner provided by the Municipal 
 Corporations Act, 1882, and shall hold office for the term in 
 that Act mentioned, and in the event of the death or incapacity 
 of a sheriff so appointed, the council of the said city or town 
 shall forthwith appoint another fit person to execute the office ; 
 
 " (2.) A person may be appointed to be such sheriff if he 
 have sufficient property, whether of land or personalty, to 
 answer the Queen and her people ; 
 
 " (3.) Every such sheriff shall perform the same duties as 
 heretofore, and may receive such fees and remuneration out of 
 the borough fund or other accustomed fund as have heretofore 
 been accustomed ; 
 
 " (4.) Save as aforesaid this Act shall apply to a sheriff of a 
 county of a city or a county of a town in like manner, as nearly 
 as may be, as it applies to the sheriff of a county, and any juris- 
 diction by this Act vested in the justices in general or quarter 
 sessions may be exercised, so far as regards constables, by the 
 council, and so far as regards other matters by the recorder of 
 the said city or town." 
 
 By sect. 7 of same Act, "(1.) Every sheriff shall, before he 
 enters on the execution of his office, make and subscribe a 
 declaration in the form in the Second Schedule to this Act or 
 to the like effect before one of the judges of her Majesty's High 
 Court of Justice or before a justice of the peace for the county 
 of which he is sheriff. 
 
 " (2.) Every sheriff shall continue to be and act as sheriff until 
 his successor has made the said declaration and entered upon 
 office." 
 
 Declaration of Sheriff and Under- Sheriff. 
 
 I, A. B., of , in the county of do solemnly declare 
 
 that I will well and truly serve the Queen's Majesty (d) [and 
 also his Royal Highness Duke of Cornwall] in the office 
 
 of ] s 1G j n ' t • w ! of the count y of and promote her 
 
 ( under-sJierin ) J L 
 
 Declaration 
 of office. 
 
 (d) The words within brackets to bo added in case of the Duchy of 
 Cornwall.
 
 APPOINTMENT AND QUALIFICATION OF SHERIFF. 
 
 Majesty's (e) [and his Royal Highness's] profit in all things that 
 belong to my office as far as I legally can or may; I will truly 
 preserve the Queen's rights («) [and the rights of his Royal High- 
 ness] and all that belongeth to the Crown (e) [or Duchy of Corn- 
 wall] ; I will not assent to decrease, lessen, or conceal the rights of 
 the Queen or of her franchises (e) [or the rights of his Royal High- 
 ness, or of his franchises] ; and whenever I shall have knowledge 
 that the rights of the Crown (e) [or Duchy] are concealed or with- 
 drawn in any matter or thing I will do my utmost to make them be 
 restored to the Crown (e) [or Duchy] again ; and if I may not do it 
 myself I will inform the Queen (e) [or his Royal Highness] or some 
 of her Majesty's judges thereof ; I will not respite or delay to levy 
 the Queen's debts for any gift promise reward or favour where I 
 may raise the same without great grievance to the debtors ; I will 
 do right as well to poor as to rich in all things belonging to my 
 office ; I will do no wrong to any man for any gift reward or 
 promise nor for favour or hatred ; I will disturb no man's right, 
 and will truly and faithfully acquit at the Exchequer all those of 
 whom I shall receive any debts or sums of money belonging to the 
 Crown (e) [or Duchy] ; I will take nothing whereby the Queen (e) 
 [or his Royal Highness] may lose or whereby her(e) [or his] right 
 may be disturbed injured or delayed ; I will truly return and 
 truly serve all the Queen's writs according to the best of my skill 
 and knowledge ; [I will take no bailiffs into my service but such 
 as I Avill answer for ;] (f) I will truly set and return reasonable 
 and due issues of them that be within my bailiwick according to 
 their estate and circumstances, and make due pannels of persons 
 able and sufficient and not suspected or procured as is appointed 
 by the statutes of this realm ; [I have not sold or let to farm, nor 
 contracted for, nor have I granted or promised for reward or 
 benefit, nor will I sell or let to farm nor contract for or grant for 
 reward or benefit by myself or any other person for me or for my use 
 directly or indirectly my sheriffwick or any bailiwick thereof or any 
 office belonging thereunto or the profits of the same to any person 
 or persons whatsoever ;] (g) I will truly and diligently execute the 
 good laws and statutes of this realm, and in all things well and 
 truly behave myself in rny office for the honour of the Queen (e) 
 [and his Royal Highness] and the good of her subjects, and 
 discharge the same according to the best of my skill and power. 
 
 (e) The words within brackets to bo added in case of the Duchy of 
 Cornwall. 
 
 (/') In the case of under-sheriffs, omit the words between brackets. 
 
 (</) In the case of under-sheriffs, omit the words between the brackets, 
 and say: ["I have not bought purchased or taken to farm or contracted 
 for nor have I promised or given any consideration nor will I buy pur- 
 chase or take to farm or contract for promise or give any consideration 
 whatsoever by myself or any other person for me or for my use directly 
 or indirectly to any person whomsoever for the office of under-sheriff of 
 the county of which I am now to enter upon and enjoy nor for 
 
 the profits of the same nor for any bailiwick thereof or any other place 
 or office belonging thereunto : I have not sold nor contracted tor or let to 
 farm, nor have I -ranted or promised for reward or benefit by myself or 
 any other person for me or for my use directly or indirectly any baili- 
 wick thereof or any other place or office belonging thereunto"].
 
 APPOINTMENT OF SHERIFF AND HIS OFFICERS. 
 
 Filing and 
 exemption 
 from duty of 
 declaration 
 of office. 
 
 Fee of clerk 
 of peace for 
 filing declara' 
 tion. 
 
 As to oath of 
 office to be 
 taken by the 
 sheriffs of 
 the City of 
 London. 
 
 By sect, 30 of the Sheriffs Act, 1887, " (1.) Every declaration 
 of office made under this Act by a sheriff of a county or his 
 under-sheriff shall be exempt from stamp duty and be trans- 
 mitted to the clerk of the peace of the county, and be by him 
 filed among the records of his office. 
 
 " (2.) For filing such declaration the clerk of the peace shall 
 be entitled to demand and receive from such sheriff or under- 
 sheriff such fee as may be from time to time fixed in pursuance 
 of the enactments relating to fees of clerks of the peace, and 
 until any fee is so fixed a fee of five shillings." 
 
 Referring to the sheriffs of the City of London, every person 
 duly elected sheriff must, either upon the day of election or at 
 any time between that day and the 14th of September, and in 
 the same year, appear before the Court of Aldermen, and shall 
 then and there become bound to the City Chamberlain in the 
 penal sum of 1,000/. that he will appear in the public assembly 
 in the Guildhall, at the vigil of St. Michael Archangel, between 
 the hours of 12 and 3 o'clock, and take the oath of office. In the 
 event of any person so bound failing to appear, he is fined, if an 
 alderman, 600/., if not an alderman, 400/. It is the duty of the 
 Secondary to attend the Queen's Remembrancer, with the City 
 Solicitor, on the receipts of warrants of approval of the new 
 sheriffs by her Majesty. 
 
 Obligation of 
 sheriff to ap- 
 point under- 
 sheriff. 
 
 Fee of clerk 
 of peace for 
 filing dupli- 
 cate of ap- 
 pointment. 
 
 Declaration to 
 be made by 
 under-sheriff. 
 
 Under-Sheriff. 
 
 By sect. 23 of the Sheriffs Act, 1887 (50 & 51 Vict, 
 c. 55), " (1.) Every sheriff shall within one month after the 
 notification of his appointment in the London Gazette by writ- 
 ing under his hand ajrpoint some fit person to be his under- 
 sheriff, and shall transmit a duplicate of such written appoint- 
 ment to the clerk of the peace for the county, which shall be 
 filed by him among the records of his office. 
 
 " (2.) For filing such duplicate the clerk of the peace shall 
 be entitled to demand and receive from the under-sheriff such 
 fee as may be from time to time fixed in pursuance of the enact- 
 ments relating to fees of clerks of the peace, and until any fee 
 is so fixed a fee of five shillings. 
 
 " (3.) Every under-sheriff shall before he enters on the 
 execution of his office make a declaration in the form in the
 
 UNDER-SHERIFF. ' 
 
 Second Schedule to this Act (/) or to the like effect before one 
 of the judges of Her Majesty's High Court of Justice, or he- 
 fore a justice of the peace for the county for which such under- 
 sheriff is appointed." 
 
 As to filing and exemption from duty of such declaration, see 
 sect. 30, ante, p. 6. 
 
 Form of Appointment. 
 
 To all to whom these presents shall come greeting : "Whereas I 
 of in the county of have been appointed during 
 
 Her Majesty's pleasure sheriff of the said county by a warrant of 
 appointment bearing date the dayof a.d. Now know 
 
 ye that I have nominated constituted and appointed and by these 
 presents do nominate constitute and appoint of in the 
 
 said county gentleman my under-sheriff of and for the said county 
 and do depute and authorize him to act and to execute for me and 
 in my stead all things to the said office of sheriff in anywise 
 appertaining or belonging. 
 
 Dated this day of a.d. 
 
 With regard, however, to the shrievalty of the City of London, Secondary of 
 the office of the Secondary of the City of London corresponds London. ° 
 with that of an ordinary under-sheriff, and as the absolute 
 estate and interest of sheriffs of the City of London belong to 
 the Corporation, and as it is the only body which discharges the 
 office of sheriffs of the City of London, the Corporation, to 
 guard against loss, appoint the subordinate officers, including 
 therefore the Secondary, or under-sheriff. The office of Secon- 
 dary is accordingly held direct from the Corporation. In the 
 City Eecords of the third year of Edward II., 1309—10, 
 Liber 2, fol. 1, will be found the oaths of the Secondary. 
 
 The gentlemen known as under-sheriffs, who are appointed 
 by the sheriffs of the City of London, on taking office and 
 nominated by them, have no legal status in the City at all, as 
 the Corporation from the earliest times have provided for the 
 discharge of the duties of the shrievalty. The actual duties of 
 the under-sheriffs, so appointed by the sheriffs, consist of attend- 
 ing the sheriff on all state occasions, and also keeping order at 
 the Central Criminal Court. 
 
 In the case of ordinary under-sheriffs, it is customary for the Custom for 
 under-sheriff to give his sheriff security by a bond or covenant t() o-h-^ sheriff 
 
 for the latter's indemnification against any loss through default security by 
 
 . . ,, bond, 
 
 on the part of the under-sheriff or his servants, and generally 
 
 (r) Ante, p. 4.
 
 APPOINTMENT OF SHEEIFF AND HIS OFFICERS. 
 
 for the under-sheriff's faithful discharge of the various duties of 
 his office. 
 
 Form of Bond. 
 
 This indenture made the day of 18 between A. B. 
 
 of in the county of of the first part and C. D. of 
 
 in the county of of the other part : "Whereas the 
 
 said A. B. by her Majesty's warrant of appointment bearing date 
 the day of 18 has been appointed sheriff of the said 
 
 county during- pleasure and hath taken upon himself the duties 
 thereof : And whereas also at the instance of the said C. D. the 
 said C. D. hath been appointed by the said A. B. to be under- 
 sheriff of the said county. In consideration whereof and in con- 
 sideration of the covenants hereinafter mentioned on the part of the 
 said A. B., the said C. D. for himself his heirs executors and ad- 
 ministrators doth hereby covenant promise and agree to and with 
 the said A. B. his executors and administrators that he the said 
 C. D. shall and will well and sufficiently perform the office of under- 
 sheriff ; and shall and will save harmless and keep indemnified 
 the said sheriff his heirs executors and administrators of and from 
 all manner of actions causes of action suits fines and amerciaments 
 contempts and forfeitures and all other charges and incumbrances 
 whatsoever which shall or may happen to be assessed or imposed 
 upon the said A. B. as sheriff by reason of the non-feasance 
 misfeasance or malfeasance of him the said C. D. or for or by 
 reason of any other cause or thing whatsoever that should or ought 
 to be done by the said under-sheriff or by the clerks bailiffs or 
 servants to be employed concerning the said office. And further 
 that the said under-sheriff shall from time to time give due notice 
 to the said sheriff of such personal attendance as shall be requisite 
 to be made by him; and shall attend on and assist him thereat and 
 be aiding and assisting in raising and levying such force within the 
 said county as the sheriff shall be enjoined to raise; and cause to be 
 executed all such persons as shall be sentenced to death according 
 to his or her sentence and well and faithfully do execute and per- 
 form all and every act matter and thing belonging to the said office 
 of under-sheriff. And the said A. B. doth hereby for himself his 
 heirs executors and administrators covenant promise and agree to 
 and with the said CD. his executors and administrators in manner 
 following : that is to say, that the bonds or obligations to be entered 
 into or given to the said sheriff by his bailiffs shall be considered 
 as well for the indemnity of the said under-sheriff as of the said 
 sheriff himself. And that the said under-sheriff performing the 
 aforesaid covenants shall have and enjoy the said office of under- 
 sheriff during the shrievalty of the said A. B. and keep by himself 
 or deputy the courts by law established in the said county and have 
 and take all lawful fees dues profits and emoluments whatsoever 
 belonging to the said office of sheriff. In witness whereof the said 
 parties to these presents have hereunto set their hands and seals on 
 the day and year first above written. 
 
 Signed sealed and delivered by the said 
 
 A. B. in the presence of A. B. (l.s.) 
 
 Signed sealed and delivered by the said 
 
 C. D. in the presence of C. D. (l.s.)
 
 UNDER-SHERIFF. V 
 
 In the case of the Secondary of the City of London, as above A.s to the 
 intimated, that office is held direct from the Corporation, who the Corpora- 
 are liable to the Crown for any misconduct on the part of the tionof London 
 sheriffs' Secondary and sheriffs' officers. The sheriffs take no Secondary, 
 benefits from their office, and they and the Corporation are 
 indemnified against loss by the Secondary, who gives a bond to 
 the Corporation himself in an unlimited amount, and, in addi- 
 tion thereto, two sureties jointly and severally bound in the 
 sum of 2,500/. 
 
 By sect, 25 of the Sheriffs Act, 1887, " (1.) Where the sheriff Execution 
 
 of a county dies before the expiration of his year of office or under-sheriff 
 
 before he is lawfully superseded, the under-sheriff by him an- on death or 
 * *■ ■/ j suspension 
 
 pointed shall nevertheless continue in office and shall until of sheriff, 
 another sheriff be appointed for the said county and has made 
 the declaration of office, execute the office of sheriff, in the 
 name of the deceased sheriff, and be answerable for the execu- 
 tion of the said office as the deceased sheriff would by law have 
 been if living ; and the security given to the sheriff so deceased 
 by the said under-sheriff and his pledges shall remain and be a 
 security to the Crown and to all persons whomsoever for such 
 under-sheriff's due execution of the offices of sheriff and under- 
 sheriff. 
 
 " (2.) "When it becomes the duty of an under-sheriff to act 
 as sheriff under the provisions of this section he may by writing 
 under his hand appoint a deputy." 
 
 The under-sheriff may practise as a solicitor during his term 
 of office. 6 & 7 Vict. c. 73, Sch. I., Part I. 
 
 And see statutory prohibition of sale of office of under-sheriff 
 per sect. 27 of the Sheriffs Act, 1887, under title " Liabilities 
 and Rights of Sheriff, and Remedies against Sheriff," post, 
 p. 498. 
 
 Precedence. 
 
 " It may be interesting to refer to the social status of the 
 high sheriff. Ancient learned text-writers, including Black- 
 stone, have asserted not only that the sheriff, ' as keeper of the 
 Queen's peace, both by common law and special commission, is 
 the first man in the county,' but also that he is ' superior in rank 
 to any nobleman therein.' From this it has frequently been 
 presumed that the high sheriff gained precedence within his 
 own county over dukes and all ranks of the peerage, including
 
 10 APPOINTMENT OF SHERIFF AND HIS OFFICERS. 
 
 the lord lieutenant of the county. General favour was accre- 
 dited for such a view of the sheriff's precedence by the late 
 Mr. Disraeli, afterwards Earl of Beaconsfield, having stated in 
 his book, ' Lothair,' ' There is no doubt that, in the county, the 
 high sheriff takes precedence of everyone, even the lord lieu- 
 tenant' (vol. ii. p. 78). But with all deference to such an 
 authority as the late Prime Minister, it is an established fact, 
 recognized by the late Garter King at Arms, Sir Charles Young, 
 that the lord lieutenant, as locum tenens of the Sovereign, has 
 precedence of everyone in the county, and that the high sheriff 
 does not, under any circumstances, precede the lord lieutenant, 
 nor, socially, take precedence of any peer. The fact that the 
 sheriff presides at a county meeting involves no question of pre- 
 cedence, because the sheriff having convened the freeholders of 
 his county, who owe suit and service at his county court, 
 necessarily presides over them. Sir Bernard Burke also says 
 (' Reminiscences,' 1884) : ' Neither the lord lieutenant of a 
 county nor the high sheriff is assigned any place in the scale of 
 precedence, and consequently neither derives any social prece- 
 dence from the office he holds. A particular place on the scale 
 of precedence is an honour derived from the Crown or Parliament, 
 or confirmed by authorized usage, and can no more be interfered 
 with than the right to the dignity of a peerage which a Royal 
 Patent has conferred. Between the two, the lord lieutenant of 
 a county and the high sheriff, the higher local position apper- 
 tains, I think, to the lord lieutenant of a county.' 
 
 " The meaning of the quotation from Blackstone depends 
 upon the construction of the word 'nobleman.' The view 
 favouring the sheriff's precedence was derived from the dictum 
 of Chief Justice Coke, in the case of Chune v. Pyot (Sheriff of 
 London), Rolle's 'Report,' i. 237, in which the Chief Justice 
 said : ' Anciently it was the earls who exercised this office of 
 sheriff, and then they held the office as long as they wished ; 
 but afterwards, when estates for life and of inheritance were 
 granted, shrievalties were granted, and sheriffs have the same 
 power the ancient earls had, of which dignity there were some 
 relics to that day, for instance, the ' White Wand ' : and the 
 patent of the grant of this office is in these words, Commisimus 
 vobis custodiam comitatus; and the sheriff takes precedence of 
 every nobleman during office (il prist le lieu de chescun noble home 
 durant Voffice).' But the truth is, that the expression noble home, 
 when used by the Chief Justice in James I.'s reign (161 G),
 
 PRECEDENCE DRESS, ETC. 11 
 
 implied nothing more than that the sheriff was the head of the 
 commonalty of the county ; because, at that time, the term 
 1 nobleman ' was not confined to the peerage, but applied to 
 knights, and gentlemen below the peerage. This is proved by 
 the following sentence in Camden's ' History of Elizabeth ' (3rd 
 edition, page 29), under the date of 1559: ' Cuthbert Scot, of 
 Chester, Richard Tate, of Worcester, and Thomas Gold well, of 
 St. Asaph, voluntarily departed the land, and also certain nuns, 
 as did likewise afterwards some noblemen; of whom those of 
 better note were Henry Lord Morley, Sir Francis Inglefield, 
 Sir Robert Peckham, Sir Thomas Shelley, and Sir John Grage.' 
 And it is further proved by Coke's own inter pretat ion of the 
 word 'nobleman' in his note (2nd ' Institute,' page 583), upon 
 a passage in the statute 35 Edward I., in w r hich note Coke says : 
 ' Knights of the shire and other gentlemen of the House of 
 Commons are included under these words aliorum nobilium ; for 
 Nobilitas est duplex, superior et inferior. Superior belongeth to the 
 lords of Parliament, and inferior to knights and gentlemen of 
 name and blood, who are in this Act termed nobiles " (/>•). 
 
 Dress. 
 
 The proper dress for sheriffs is court dress (e.g., black velvet 
 dress court suit, with knee breeches and silk stockings, or claret- 
 coloured coat and trousers, the coat being of same shape as 
 dress uniform of consuls and members of diplomatic corps, and 
 the trousers having a gold stripe), or military or other uniform, 
 with, in the case of a City sheriff, his robe of office. 
 
 Under-sheriffs usually wear evening dress, or sometimes court 
 dress. It would seem, however, that they have no particular 
 dress as a matter of right, except, perhaps, as to court dress, 
 when they have been presented at court. 
 
 Sheriff's London Deputy. 
 By sect. 24 of the Sheriffs Act, 1887, " Every sheriff shall Obligation 
 appoint a sufficient deputy, who shall be resident or have an appoint de- 
 
 (/.•) Extract, with permission, from the paper of Mr. Davenport, 
 under-sheriff of Oxford, set out in Appendix to Report Erom Select 
 Committee on High Sheriffs.
 
 12 
 
 APPOINTMENT OF SHERIFF AND HIS OFFICERS. 
 
 puty resident office within one mile from the Inner Temple Hall, for the 
 receipt of writs, the granting of warrants thereon, the making 
 of returns thereto, and the acceptance of all rules and orders to 
 be made on or touching the execution of any process or writ to 
 be directed to such sheriff." 
 
 A delivery of a writ to a sheriff's deputy in London is a 
 delivery to the sheriff. Woodland v. Fuller, 3 P. & D. 570 ; 11 
 A. & E. 859. 
 
 Appointment. 
 
 to wit : sheriff of the county aforesaid to gentleman, 
 
 greeting : I do hereby nominate constitute and appoint you to be 
 my deputy for the receipt of writs granting warrants thereon 
 making returns thereto and accepting of all rules and orders to be 
 made on or touching the execution of any process or writ to be 
 directed to me as sheriff as aforesaid. 
 
 Given under the seal of my office this day of 18. 
 
 Appointment 
 of bailiffs, 
 bound and 
 special. 
 
 Bailiffs. 
 
 Bailiffs are also appointed by the sheriff for the purpose of 
 executing writs directed to him. There appears, however, to be 
 no special form for their appointment. They are the ordinary 
 officers of the sheriff, and are bound by him in an obligation 
 with sureties for the faithful discharge of their office ; so that, 
 in the event of any loss arising from a breach of it, he is in- 
 demnified. For the form of bond taken by the sheriff, see pod, 
 p. 15. Bailiffs, it seems, are not officers of the Courts, and the 
 Court has therefore refused to enforce their undertakings. Broun 
 v. Gerard, 3 D. P. C. 217. It is, however, empowered to 
 punish them for extortion and other offences under sect. 29 of 
 the Sheriffs Act, 1887. A special bailiff is an officer appointed 
 by the sheriff merely for the execution of a particular writ at 
 the instance of the party suing out the writ, or his solicitor. An 
 infant cannot be a bailiff or sheriff's officer, as such an office is 
 one of responsibility and trust unfit to be performed by an 
 infant. Cach-son v. Winter, 2 M. & R. 317. A deputy cannot 
 be appointed by a sheriff's bailiff. Jachaon v. Hill, 10 A. & E. 
 484. The warrant should be directed to the officer who is to 
 execute the writ, and his name should be mentioned in it. It 
 appears, however, that the warrant may be directed to the chief 
 bailiff of a liberty and his deputies, as there may be known 
 deputies within the franchise, and the sheriff may make them
 
 BAILIFFS. 13 
 
 his bailiffs without further describing them. Jackson v. Hi//, 
 10 A. & E. 486. 
 
 A sheriff is liable for the acts of his officer acting under Sheriff's lia- 
 colour of his warrant. Anon., Lofft. 81, and see Saunderson v. f ffi cer . 
 Baker, 3 Wils. 309 ; 2 Bl. W. 832 ; 8. P., Ackworth v. Kempe, 
 1 Dougl. 40 ; as also Smith v. Milks, 1 T. R. 480 ; and Gregory 
 v. Cot/ere//, 5 El. & Bl. 571 ; 25 L. J. Q. B. 33 (/). Moreover, 
 the sheriff is responsible for the acts of his officer, though not 
 within the line of his duty, provided such acts are afterwards 
 assented to or adopted by the sheriff. He is civilly liable for 
 the misconduct of his officer in executing a writ, though the 
 act done is contrary to the express terms of the writ. Smart v. 
 Hntton, 8 A. & E. 568, n. ; 2 N. & M. 426 (m). 
 
 Appointing a special bailiff, or giving special directions to a Special 
 particular bailiff for the execution of a fi. fa., discharges the 
 sheriff. Porter v. Finer, 1 Chit. R. 613 ; and see Pallister v. 
 Pallister, 1 Chit. R. 614. Moreover, the general rule is that, 
 where a plaintiff appoints a special bailiff, he cannot rule the 
 sheriff to return a writ of fi. fa. See Harding v. Holder, 9 
 D. P. C. 659 ; 3 Scott, N. R. 293 ; 2 M. & G. 914. 
 
 Again, if the sheriff appoint a special bailiff at the plaintiff's 
 request, the latter cannot rule the sheriff to return the writ. Do 
 Moranda v. Dnnkin, 4 T. R. 119; but a mere request that a 
 particular officer may be employed in the execution of process 
 does not constitute that officer a special bailiff of the party. 
 Corbet v. Brown, 6 D. P. C. 794 ; S. P., Balson v. Meggat, 4 
 D. P. C. 557. 
 
 "Where a plaintiff appoints his own bailiff to execute a writ 
 in arrest process, the sheriff is relieved from all responsibility 
 
 (/) It -will be borne in mind that in the case of the City of London, the 
 Corporation are liable to the < frown for any misconduct on the part of the 
 sheriffs' Secondary and sheriffs' officers. In this connection the Secondary 
 must, however, (a) superintend and direct the duties to be performed 
 by the serjeants-at-mace and their yeomen, and in particular use his 
 utmost diligence to compel the serjeants-at-mace to perform their duty 
 as strictly and promptly as possible relative to executions; and (b) afford 
 every facility in his power to hear complaints against the serjeants-at- 
 mace, and give to the aggrieved parties such redress as may be in his 
 power and appears to him to be just and necessary ; whilst lie must 
 record all sm-h complaints, with his den-ion thereon, so that they may, 
 at any time, be referred to by the Court of Common Council. It is also 
 the duty of the Secondary, on the part of the sheriffs, to see to proper 
 security being given by the serjeants-at-mace. 
 
 (///) See ante, p. 9, as to shrievalty of the City of London.
 
 14 APPOINTMENT OF SHERIFF AND HIS OFFICERS. 
 
 until the party is arrested and delivered into the sheriff's actual 
 custody. Ford v. Leche, 1 N. & P. 737 ; 6 A. & E. 699. 
 
 And see, as to special bailiffs, Doe v. Tyre, 7 So. 704 ; 7 D. P .C. 
 636 ; Alderson v. Davenport, and Perrin v. Davenport, 13 L. T. 
 Ex. 352 ; Seal v. Hudson, 2 B. C. Eep. 55 ; 4 D. & L. 760 ; 
 Jackson v. Hill, 10 A. & E. 477; 2 P. & D. 455; and 
 Tait <y Co. v. Mitchell, 22 L. E. Ir. 327 ; under " Writ of Fi. 
 Fa., Eeporting result, Eeturn, &c"; and see as to special bailiffs 
 under title " Arrest." 
 
 See also, under this head, Ramsay v. Eaton, 10 M. & W. 22. 
 Declaration By sect. 26 of the Sheriffs Act, 1887, "Every deputy bailiff 
 
 J s ' u and officer of a sheriff or under-sheriff, and every other person 
 who has authority or takes upon himself to impanel or return 
 any inquest, jury, or tales, or to intermeddle with the execution 
 of writs issued by any court of record, shall before he does so 
 make a declaration (which shall be exempt from stamp duty) 
 in the form in the second schedule to this Act, or to the like 
 effect, before any judge of the High Court of Justice or justice 
 of the peace for the county or borough in which he exercises 
 such authority." 
 
 Form of Declaration for Bailiff, Deputy, or Officer of Sheriff. 
 
 I, A. B., do hereby solemnly and sincerely declare that I will not 
 use or exercise the office of corruptly during the time that I 
 
 shall remain therein, neither shall nor will accept, receive, or take 
 by any colour, means, or device whatsoever, or consent to the 
 taking of any manner of fee or reward of any person or persons 
 before the empannelling or returning of any inquest, jury, or tales 
 in any court of record for the Queen or betwixt party and party 
 above such fees as are allowed for the same by law, but will 
 according to my power truly and indifferently with convenient 
 speed empannel all juries and return all such writs touching the 
 same as shall appertain to be done by my duty or office during the 
 time that I shall remain in the said office. 
 
 And see statutory prohibition of sale of office of bailiff, per 
 sect. 27 of the Sheriffs Act, 1887, under title "Liabilities and 
 Eights of Sheriff, and Eemedies against Sheriff," post, p. 498. 
 
 [Form of Bond.
 
 BAILIFFS. 15 
 
 Form of Bond. 
 
 Enow all men by these presents, that we are 
 
 held and firmly hound unto of in the 
 
 of sheriff of the county of in the sum of 
 
 of lawful money of Great Britain, to he paid to the said 
 sheriff, or his certain attorney, executors, administrators or 
 assigns, for which payment to he well and truly made, we 
 bind ourselves, jointly and severally, our and each of our 
 heirs, executors and administrators, and every of them, 
 firmly hy these presents. Sealed with our seals. Dated 
 this day of in the year of our Lord one thou- 
 
 sand eight hundred and 
 
 Whereas the above-named sheriff hath at the instance and request 
 of the above-bounden and his sureties, and in consideration 
 
 of the security hereby given, appointed the said to be and 
 
 act as one of his bailiffs within the said county of and 
 
 to be his assistant bailiff : The Condition of the above-written 
 obligation therefore is such, that if the above bounden and 
 
 his assistant, do and shall well and truly obey and execute 
 all warrants, precepts, processes and commandments to him or 
 them directed, or to be directed from the said sheriff, or his under- 
 sheriff, deputy or agent, and shall and do make true and sufficient 
 returns or answers to the same in writing, on or before the return 
 days mentioned in such warrants, precepts or processes respec- 
 tively, and pay, or cause to be paid, all moneys levied or received 
 by him or them, by virtue of any such warrant, precept or process, 
 to the said sheriff, under-sheriff or agent, on or before the return 
 da}' of such warrants, precepts or processes respectively, and the 
 true consideration or purchase-money mentioned in every assign- 
 ment or bill of sale executed by the said sheriff, under-sheriff or 
 agent, notwithstanding the acknowledgment of the receipt thereof 
 by the said sheriff contained in any such bill of sale or assignment. 
 And if the said bailiff and his assistant do not ask, levy or 
 directly or indirectly receive any fee or fees due to the said sheriff 
 or his under-sheriff, or to him the said bailiff, for the executing 
 of any warrant, precept or other process whatever, but such as 
 are warranted by the laws and customs of this kingdom. And if 
 the said bailiff or his assistant do and shall levy and receive all 
 and every sum and sums of money which shall be or become pay- 
 able for the poundage and other fees for the execution and return 
 of all and every process, warrant, precept and commandment, to 
 him or them to be directed, and do, and shall pay, or cause to 
 be paid to the said sheriff, or his under-sheriff or agent, all such 
 sum and sums of mone} r , upon demand, with interest thereon from 
 the time or times of such demand. And also if the said bailiff or 
 his assistant shall and do make true return and inventory of all 
 goods and chattels seized in execution, and before removal thei - eof 
 pay the rent in arrear, not exceeding one year, and all taxes, 
 which by law ought to be paid. And also if the said bailiff do 
 and shall give his personal attendance on the said sheriff, under- 
 sheriff or agent, during the continuance of all courts of assize, 
 oyer and terminer, general and special gaol delivery, county courts, 
 and courts of quarter session, and adjourned sessions, and also 
 on the said courts respectively, during their respective sittings,
 
 16 APPOINTMENT OF SHERIFF AND HIS OFFICERS. 
 
 and do not depart home, or absent himself therefrom, without the 
 leave of such respective courts. And also if the said bailiff shall 
 be attendant upon the said sheriff, under-sheriff and agents or 
 deputies, in conveying of prisoners to and from the common gaol 
 of the said county, or to or from any other place or prison, and 
 attend the execution of all prisoners sentenced to death. And also 
 if the said bailiff do and shall make true and immediate answer 
 to all rules, orders and letters sent or written to him. And also if 
 the said bailiff or his assistant shall take any distress upon any 
 distringas, warrant or other process whatsoever, then if he or they 
 do and shall make true and lawful returns of the same and safely 
 keep the distress so taken, and give up the same to the said sheriff, 
 his under-sheriff or agent, when required. And also if the said 
 bailiff, his executors and administrators, do and shall at all times 
 hereafter, save, defend, keep harmless and indemnified the said 
 sheriff, his under-sheriff and agent, and his and their heirs, execu- 
 tors and administrators, of, from, against or concerning the escape 
 or escapes, rescue or rescues, of any prisoner or prisoners, or other 
 person, which shall be in custody of the said bailiff, or his assistant 
 or assistants, upon any warrant, precept or commandment from 
 the said sheriff, his under-sheriff or agent, or his or their deputy 
 or deputies. And also if the said bailiff and assistants shall and 
 do observe and keep secret and undisclosed all matters and things 
 concerning the said office of sheriff, which ought to be kept secret 
 and undisclosed, and shall not directly or indirectly give or cause, 
 or permit notice to be given to any defendant or other person 
 against whom any warrant or process shall be directed to him 
 the said bailiff, or his assistants, or do or cause, or permit any act 
 to be done, or receive any money, gratuity, gift or promise, or 
 omit or forbear to do any act whereby the execution of such process 
 or warrant shall be in any wise defeated, delayed or impeded. 
 And also if he the said bailiff and his assistants shall and do 
 conduct safely to the common gaol of the said county all person 
 and persons arrested, attached or taken by him at the expiration 
 of twenty-four hours after he or they shall be so arrested, attached 
 or taken, unless in the meantime a good and sufficient bail bond, 
 or the amount of the debt, and 101. sterling to answer costs, be 
 offered. And also if he the said bailiff, or his assistant or assistants, 
 shall not, nor do let any person or persons in his or their lawful 
 custody go at large ou writs of execution, or in cases where such 
 person or persons shall not be bailable by law, but do and shall 
 immediately safely conduct all and every person and persons so 
 taken and in custody to the said common gaol. And do and shall 
 in all cases, wherein any person or persons in his or their custody 
 is entitled by law to be bailed, take a bail bond in the usual 
 manner, with two good housekeepers as sureties, fully responsible 
 for the payment of double the sum to be named in any warrant or 
 warrants to be directed to such bailiff or his assistant, and also 
 sufficient sureties in replevin, and do and shall fully indemnify 
 the said sheriff and his under-sheriff and agent from all sums of 
 money, loss or damage whatsoever, in respect of the taking of any 
 such bail or replevin bond. And also do and shall send such bail 
 bonds, or the debts and 101. to answer costs, as the case may be, 
 and the replevin bonds, into tho sheriff's office on or before the 
 day on which every such warrant, writ or process shall be return-
 
 BAILIFFS. 1? 
 
 able, and shall and do comply in all things with the provisions of 
 a certain Act of Parliament made in the thirty- second year of the 
 reign of King George the Second, commonly called the Lords Act, 
 and of all other Acts of Parliament now in force relating to the 
 conduct and behaviour of bailiffs in the execution of their said 
 office. And also if the said bailiff do and shall upon demand, well 
 and truly pay unto the said sheriff, his under-sheriff or agent, all 
 such sum and sums of money for which the said sheriff shall be 
 fixed, or which he or his under-sheriff shall pay in any action or 
 suit in which any warrant or precept shall be granted to the said 
 bailiff or his assistant, together with the costs and expenses in 
 respect thereof. And all costs and expenses incurred in defending 
 the said sheriff, or in prosecuting any action or suit upon any bail 
 bond, replevin bond or indemnity bond, taken by the said sheriff, 
 or given as his security in any case where the said bailiff or his 
 assistant shall have acted or assumed to act. And in prosecuting 
 or opposing any motion in, or application to the court, touching or 
 concerning any matter wherein the said bailiff or his assistant shall 
 act as or assume to act as bailiff to the said sheriff, together with 
 interest at 51. per centum per annum upon all sums paid from the 
 time or respective times of the payment thereof. And also if the 
 said bailiff and his assistants do and shall in all things well and 
 truly execute the office of bailiff to the said sheriff. And lastly, 
 if the said bailiff and his said sureties, some or one of them, 
 their, some or one of their heirs, executors and administrators, 
 do and shall from time to time, and at all times hereafter, save, 
 defend, keep harmless and indemnified the said sheriff and his 
 under-sheriff and agent, and his and their heirs, executors and 
 administrators, of, from and against all manner of actions, suits, 
 attachments, escapes, fines, penalties, amerciaments and other 
 troubles, costs, charges, damages and expenses whatsoever, which 
 may be commenced, prosecuted, imposed or set upon them or 
 either of them, or which they or either of them may suffer, pay 
 or be liable unto, for or by reason of the executing, not executing, 
 returning or not returning, or improper returning of an} r writ, 
 warrant, process, mandate or precept, occasioned by the act, 
 information or default of the said bailiff or assistant, the not 
 taking bail, the taking insufficient bail, the not bringing into 
 court the body of any defendant arrested by him, or by reason of 
 extortion, escape, or any other cause whatsoever, happening by 
 the act or default of the said bailiff or assistant. Then the above- 
 written obligation to be void and of no effect, but otherwise to be 
 and remain in full force and virtue. 
 Signed, sealed and delivered by 
 
 As to officer's sureties, they are only liable for the due per- Officer's 
 formance of the sheriff's duty. Cook v. Palmer, G B. & 0. 739 ; ^£g e how 
 9 D. & R. *23. 
 
 A sheriff cannot recover on an indemnity bond which lias 
 been procured by his own officer's fraud. Raphael v. Goodman, 
 3 N. & P. 547; S A. & E. 565. 
 
 A sheriff's officer's surety cannot discharge his obligation Discharge 
 within the year without the consent of the sheriff and other ^y surety. 
 
 M. ('
 
 18 APPOINTMENT OF SHERIFF AND HIS OFFICERS. 
 
 sureties. Martin v. Wemnan, Lofft, 225 ; and see, as to officer's 
 sureties, Farebrother v. Wonky, 1 Tyr. 424 ; 1 C. & J. 549 ; 5 
 C. & P. 102. 
 
 Franchises, &c. 
 Application By sect. 34 of the Sheriffs Act, 1887 (50 & 51 Vict. c. 55), 
 
 franchises. " Where a lord of a franchise or any other person or body 
 corporate has in any franchise, that is to say, any liberty, 
 hundred, franchise, or other part of a county, the return or 
 execution of writs, or any other of the privileges or duties of a 
 sheriff, the following provisions shall apply to such lord, person, 
 or body corporate (in this Act referred to as the bailiff of a 
 franchise), that is to say : — 
 
 " (a) The bailiff of a franchise shall either hold the office 
 himself, or shall put in bailiffs having land in the 
 bailiwick sufficient to answer the Queen and her 
 people, and shall answer for such bailiffs ; and every 
 such last-mentioned bailiff shall make the like decla- 
 ration as an under-sheriff ; 
 " (b) The sheriff of the county within which such franchise is 
 situate shall within one month after a request made 
 in that behalf by such lord appoint some sufficient 
 deputy (>i), at such cost to be paid by the said lord, 
 and to reside at such convenient place in or near the 
 franchise, as may be appointed from time to time by 
 the Lord High Chancellor of Great Britain and the 
 Lord Chief Justice of England or one of them ; 
 " (c) Every deputy so appointed shall reside at the said place, 
 and, in the sheriff's name, shall receive and open, 
 when tendered to him, all writs, the execution or 
 return of which belongs to the bailiff of the franchise, 
 and shall, without delay, issue to the said bailiff under 
 the seal of the sheriff ; and in such manner and form 
 as the sheriff himself ought to do, the warrant required 
 by law for the due execution of the said writs (6) ; 
 " (d) The bailiff of the franchise and not the sheriff shall be 
 liable for the non-execution, mis-execution, or insuffi- 
 cient return of any writs, or for any misconduct in the 
 
 (n) Adapt form of appointment of London deputy, ante, p. 12. 
 (o) Adapt ordinary warrant forms.
 
 FRANCHISES, ETC. 19 
 
 performance of the said office or for any breach of the 
 provisions of this Act ; and any fine imposed on the 
 bailiff of the franchise or his bailiff or officer shall 
 notwithstanding any grant be paid to the Crown ; 
 and 
 " (e) All the provisions of this Act (except as hereinafter 
 mentioned) and every such enactment in any other 
 Act as relates to the return of panels or juries, or to 
 the due execution of any writ, or to the taking of fees, 
 or to any extortion by sheriffs or their officers, or 
 otherwise to the office and duties of sheriffs or their 
 officers, shall, together with all the liabilities, punish- 
 ments, and forfeitures thereby imposed, extend to 
 such bailiff of the franchise and his bailiffs and 
 officers in like manner as if he and they were a sheriff 
 or sheriff's bailiffs and officers ; provided that the 
 enactment as to the appointment and duration of 
 office of a sheriff shall not apply, and such bailiff of 
 the franchise and his bailiff shall be entitled to hold 
 his office as long as he would have been entitled if 
 this provision had not been enacted. 
 " (f) In the case of the non-return of a writ, if the sheriff 
 returns that he has delivered the writ to a bailiff of a 
 franchise, the sheriff shall be ordered to execute the 
 writ notwithstanding the said franchise ; and further 
 to cause the bailiff of such franchise to attend before 
 the High Court of Justice and answer why he did not 
 execute the said writ." 
 By sect. 35 of the same Act, " Every bailiff of a franchise Duties of 
 within the meaning of the foregoing provisions of this Act, liberties and 
 w r ho, in times past, has been used, or ought by himself or a bailiff, constables. 
 to attend upon justices of assize or of gaol delivery and justices 
 of the peace at large in any county, shall continue so to attend 
 and execute all writs directed to him for the administration of 
 justice in such franchise, and shall give his attendance upon 
 and assistance to the sheriff at all courts of gaol delivery from 
 time to time for the execution of prisoners." 
 
 And Bee statutory prohibition of sale of offices, per sect. 27 of 
 the Sheriffs Act, 1887, under title "Liabilities and Eights of 
 Sheriff, and llemedies against Sheriff," post, p. 498. 
 
 c2
 
 20 
 
 Chapter II. 
 
 OUTGOING SHERIFF, 
 
 Outgoing 
 sheriff to turn 
 over prisoners 
 and process to 
 incoming 
 sheriff. 
 
 Incoming 
 sheriff to sign 
 and give du- 
 plicate of list 
 to outgoing 
 sheriff. 
 
 Sheriff not 
 required to 
 make return 
 after six 
 months from 
 expiry of 
 office. 
 
 By the Sheriffs Act, 1887 (50 & 51 Yict. c. 55), s. 28 :— 
 
 " (1.) Every sheriff shall at the expiration of his term of 
 office make out and deliver to the incoming sheriff a correct 
 list and account under his hand of all prisoners in his custody 
 and of all rolls and writs in his hands not wholly executed by 
 him, with all such particulars as may be necessary to explain to the 
 incoming sheriff the several matters intended to be transferred 
 to him, and shall thereupon turn over and transfer to the custody 
 of the incoming sheriff all such prisoners, rolls and writs, and 
 all records, books and matters appertaining to the office of 
 sheriff. 
 
 " (2.) The incoming sheriff shall thereupon sign and give to 
 the outgoing sheriff a duplicate of such list and account, which 
 shall be a good and sufficient discharge to him of and from all 
 the prisoners therein mentioned and the execution of the writs 
 and other matters therein contained ; and thereupon the in- 
 coming sheriff shall stand charged with the said prisoners and 
 with the execution and care of the said rolls, writs and other 
 matters contained in the said list and account. 
 
 " (3.) A sheriff shall not be called upon to make a return of 
 any writ after the expiration of six months from the date at 
 which he ceases to hold his office."
 
 21 
 
 Chaffer III. 
 
 GENERAL PRACTICE. 
 
 PAGE 
 
 Introductory - - - - - - - - -21 
 
 Practice under Rules of the Supreme Court, 1883 - - 21 
 
 Practice under Crown Office Rule*, 1886 - - - - 34 
 
 Procedure generally as to the Issue of Warrants and Exe- 
 cution of Writ* 47 
 
 Procedure against Sheriff*, fyc.for not Executing Writs - 49 
 
 Introductory. 
 
 The practice of the Queen's Bench Division of the High 
 Court and of the Crown Office is mainly regulated by the Rules 
 of the Supreme Court, 1883, and the Crown Office Rules, 1886. 
 Accordingly, such of these rules as directly bear on the subject 
 of this work are reproduced in this chapter; whilst for any 
 further information beyond that which is given in this work, 
 the reader is referred to the current Annual Practice and to 
 Short and Mellor's Practice of the Crown Office. 
 
 Practice under Rules of the Supreme Court, 1883. 
 
 Ord. XXXYL—TIiTAL. Ord.XXXVI. 
 
 Writ of Inquiry and Reference as to Damages. 
 
 Rule 56. The provisions of Rules 14, 15, 19, 34, 35, 36, and Application 
 37 of this Order shall, with the necessary modifications, apply to inquiry, 
 an inquiry, pursuant to a writ of inquiry. 
 
 Pule 57. In every action or proceeding in the Queen's Bench How damages 
 Division in which it shall appear to the Court or a judge that ^grea 
 the amount of damages sought to be recovered is substantially matter of cal- 
 a matter of calculation, it shall not be necessary to issue a writ 
 of inquiry, but the Court or a judge may direct that the amount 
 for which final judgment is to be entered shall be ascertained by 
 an officer of the Court, and the attendance of witnesses and the 
 production of documents before such officer may be compelled 
 by subpoena, and such officer may adjourn the inquiry from time 
 
 culation.
 
 22 
 
 GENERAL PRACTICE. 
 
 Assessment of 
 damages in 
 continuing 
 cause of 
 action. 
 
 to time, and shall indorse upon the order for referring the 
 amount of damages to him the amount found by him, and shall 
 deliver the order with such indorsement to the person entitled 
 to the damages, and such and the like proceedings may there- 
 upon be had as to taxation of costs, entering judgment, and 
 otherwise, as upon the finding of a jury upon a writ of inquiry. 
 Rule 58. Where damages are to be assessed in respect of any 
 continuing cause of action, they shall be assessed down to the 
 time of the assessment. 
 
 Ord. XLII. 
 
 Judgment or 
 order to 
 be obeyed 
 •without de- 
 mand. 
 
 "Waiver of 
 
 conditional 
 judgment or 
 order. 
 
 How judg- 
 ment for 
 payment of 
 money 
 enforced. 
 
 Fur payment 
 into Court. 
 
 For delivery 
 of land. 
 
 For recovery 
 of property 
 other than 
 land or 
 momy. 
 
 Ord. XLII.— EXECUTION. 
 
 Rule 1. Where any person is by any judgment or order 
 directed to pay any money, or to deliver up or transfer any 
 property real or personal to another, it shall not be necessary to 
 make any demand thereof, but the person so directed shall be 
 bound to obey such judgment or order upon being duly served 
 with the same without demand. 
 
 Rule 2. Where any person who has obtained any judgment 
 or order upon condition does not perform or comply with such 
 condition, he shall be considered to have waived or abandoned 
 such judgment or order so far as the same is beneficial to him- 
 self, and any other person interested in the matter may on 
 breach or non-performance of the condition take either such 
 proceedings as the judgment or order may in such case warrant, 
 or such proceedings as might have been taken if no such judg- 
 ment or order had been made, unless the Court or a judge shall 
 otherwise direct. 
 
 Rule 3. A judgment for the recovery by or paj^ment to any 
 person of money may be enforced by any of the modes by which 
 a judgment or decree for the payment of money of any Court 
 whose jurisdiction is transferred by the principal Act might 
 have been enforced at the time of the passing thereof. 
 
 Rule 4. A judgment for the payment of money into Court 
 may be enforced by writ of sequestration, or in cases in which 
 attachment is authorized by law, by attachment. 
 
 Ride 5. A judgment for the recovery or for the delivery of 
 the possession of land may be enforced by writ of possession. 
 
 Rule 6. A judgment for the recovery of any property other 
 than land or money may be enforced : 
 
 (a) By writ for delivery of the property : 
 
 (b) By writ of attachment : 
 
 (c) By writ of sequestration.
 
 PRACTICE UNDER RULES OF SUPREME COURT, 1883. 23 
 
 Rule 7. A Judgment requiring any person to do any act other To do or 
 than the payment of money, or to abstain from doing anything, doinffanv 1 
 may be enforced by writ of attachment, or by committal. act- 
 
 Rule 8. In these Rules the term "writ of execution" shall Meaninj 
 include writs of fieri facias, capias, elegit, sequestration, and execution" 
 
 attachment, and all subsequent writs that may issue for giving 1 an(l '" ' ssum g 
 ' L t J . execution." 
 
 effect thereto. And the term " issuing execution against any 
 party " shall mean the issuing of any such process against his 
 person or property as under the preceding Rules of this Order 
 shall be applicable to the case. 
 
 Rule 9. Where a judgment or order is to the effect that any Execution of 
 party is entitled to any relief subject to or upon the fulfilment w^en? 1 
 of any condition or contingency, the party so entitled may, 
 upon the fulfilment of the condition or contingency, and demand 
 made upon the party against whom he is entitled to relief, apply 
 to the Court or a judge for leave to issue execution against such 
 party. And the Court or judge may, if satisfied that the right 
 to relief has arisen according to the terms of the judgment or 
 order, order that execution issue accordingly, or may direct that 
 any issue or question necessary for the determination of the 
 rights of the parties be tried in any of the ways in which ques- 
 tions arising in an action may be tried. 
 
 Rule 10 is cancelled by Order XLVIIIa., Rule 8, R. S. C, Execution of 
 June, 1891, which is as follows : — Where a judgment or order is a^aSsta 
 against a firm, execution may issue : firm- 
 
 (a) Against any property of the partnership within the j mis- 
 
 diction ; 
 
 (b) Against any person who has appeared in his own name 
 
 under Order XLVIIIa., Rules (5) or (6), or who has 
 admitted on the pleadings that he is, or who has been 
 adjudged to be, a partner ; 
 
 (c) Against any person who has been individually served, as 
 
 a partner, with the writ of summons, and has failed to 
 
 appear. 
 If the party who has obtained judgment or an order claims to 
 be entitled to issue execution against any other person as being 
 a member of the firm, he may apply to the Court or a judge for 
 leave so to do ; and the Court or judge may give such leave if 
 the liability be not disputed, or if such liability be disputed, may 
 order that the liability of such person be tried and determined. 
 But except as against any property of the partnership, a judg- 
 ment against a firm shall not render liable, release, or otherwise 
 affect any member thereof who was out of the jurisdiction when
 
 24 
 
 GENERAL PRACTICE. 
 
 No writ issued 
 except on pro- 
 duction of 
 judgment. 
 
 Prcccipc for 
 ■writ of 
 execution. 
 
 How writ of 
 execution to 
 ba indorsed. 
 
 Date and 
 form of writ. 
 
 Poundage, 
 fees, and 
 expenses. 
 
 Amount of 
 money and 
 inter* -t to be 
 recovered to 
 Lo indorsed. 
 
 the writ was issued, and who has not appeared to the writ unless 
 he has been made a party to the action under Order XL, or has 
 heen served within the jurisdiction after the writ in the action 
 was issued. 
 
 Rule 11. No writ of execution shall be issued without the 
 production to the officer by whom the same should be issued of 
 the judgment or order upon which the writ of execution is to 
 issue, or an office copy thereof, showing the date of entry. And 
 the officer shall be satisfied that the proper time has elapsed to 
 entitle the creditor to execution. 
 
 Rule 12. No writ of execution shall be issued without the 
 party issuing it, or his solicitor, filing a precipe for that pur- 
 pose. The prcBoipe shall contain the title of the action, the re- 
 ference to the record, the date of the judgment, and of the 
 order, if any, directing the execution to be issued, the names of 
 the parties against whom, or of the firm against whose goods, 
 the execution is to be issued ; and shall be signed by or on 
 behalf of the solicitor of the party issuing it, or by the party 
 issuing it, if he do so in person. The Forms in Appendix Gr. 
 shall be used, with such variations as circumstances may re- 
 quire. 
 
 Rule 13. Every writ of execution shall be indorsed with the 
 name and place of abode or office of business of the solicitor 
 actually suing out the same, and when the solicitor actually suing 
 out the writ shall sue out the same as agent for another solicitor, 
 the name and place of abode of such other solicitor shall also 
 be indorsed upon the writ ; and in case no solicitor shall be 
 employed to issue the writ, then it shall be indorsed with a 
 memorandum expressing that the same has been sued out by the 
 plaintiff or defendant in person, as the case may be, mentioning 
 the city, town, or parish, and also the name of the hamlet, 
 street, and number of the house of such plaintiff's or defendant's 
 residence, if any such there be. 
 
 Rule 14. Every writ of execution shall bear date of the day 
 on which it is issued. The Forms in Appendix H. shall be 
 used, with such variations as circumstances may require. 
 
 Rule 15. In every case of execution the party entitled to 
 execution may levy the poundage, fees, and expenses of execu- 
 tion, over and above the sum recovered. 
 
 Rule 1G. Every writ of execution for the recovery of money 
 shall be indorsed with a direction to the sheriff, or other officer or 
 person to whom the writ is directed, to levy the money really 
 due and payable and sought to be recovered under the judgment
 
 PEACTICE UNDEB RULES OP SUPREME COURT, 18 25 
 
 or order, stating the amount, and also to levy interest thereon, 
 if sought to be recovered, at the rate of 4/. per cent, per annum 
 from the time when the judgment or order was entered or made, 
 provided that in cases where there is an agreement between the 
 parties that more than 41. per cent, interest shall be secured by 
 the judgment or order, then the indorsement maybe accordingly 
 to levy the amount of interest so agreed. 
 
 Rule 17. Every person to whom any sum of money or any Time to sue 
 costs shall be payable under a judgment or order shall, so soon ^-f'/"' or 
 as the money or costs shall be payable, be entitled to sue out one enforce pay- 
 
 ., .i » /. . j, '• ., ., mentof money 
 
 or more writ or writs of fieri facias or one or more writ or writs r costs. 
 of elegit to enforce payment thereof, subject nevertheless as 
 follows : 
 
 (a) If the judgment or order is for payment within a period 
 
 therein mentioned, no such writ as aforesaid shall be 
 issued until after the expiration of such period : 
 
 (b) The Court or a judge may, at or after the time of giving 
 
 judgment or making an order, stay execution until 
 such time as they or he shall think fit. 
 
 Rule 18. Upon any judgment or order for the recovery or Separate writs 
 payment of a sum of money and costs, there may be, at the ^ maae 6 
 election of the party entitled thereto, either one writ or separate and costs, 
 writs of execution for the recovery of the sum and for the 
 recovery of the costs, but a second writ shall only be for costs, 
 and shall be issued not less than eight days after the first writ. 
 
 Rule 19. A party who has obtained judgment or an order, Time for exe- 
 not being a judgment for payment of money or costs, or for the fo^^nJytmd 
 recovery of land, may issue execution in fourteen days, unless costs - 
 the Court or a judge shall order execution to issue at an earlier 
 or later date with or without terms. 
 
 Rule 20. A writ of execution if unexecuted shall remain in Duration of 
 force for one year only from its issue, unless renewed in the 
 manner hereinafter provided ; but such writ may, at any time Renewal, 
 before its expiration, by leave of the Court or a judge, be 
 renewed by the party issuing it for one year from the date of 
 such renewal, and so on from time to time during the continu- 
 ance of the renewed writ, either by beiug marked with a seal of 
 the Court bearing the date of the day, month, and year of such 
 renewal, or by such party giving a written notice of renewal to 
 the sheriff, signed by the party or his solicitor, and bearing the 
 like seal of the Court ; and a writ of execution so renewed shall 
 have effect, and be entitled to priority, according to the time of 
 the original delivery thereof.
 
 26 
 
 GENEEAL PRACTICE. 
 
 Evidence of 
 renewal. 
 
 Execution to 
 issue within 
 six years. 
 
 Application 
 for leave to 
 issue execu- 
 tion in certain 
 
 cases. 
 
 Orders may 
 be enforced 
 like judg- 
 ments. 
 
 Order of 
 commitment 
 
 under Debtors 
 Act, 1869. 
 
 Execution by 
 or against 
 
 person not a 
 party. 
 
 Rule 21. The production of a writ of execution, or of the 
 notice renewing the same, purporting to he marked with such 
 seal as in the last preceding rule mentioned, showing the same 
 to have been renewed, shall be sufficient evidence of its having 
 been so renewed. 
 
 Rule 22. As between the original parties to a judgment or 
 order, execution may issue at any time within six years from the 
 recovery of the judgment or the date of the order. 
 
 Rule 23. In the following cases, viz. : — 
 
 (a) Where six years have elapsed since the judgment or date 
 
 of the order, or any change has taken place by death 
 or otherwise in the parties entitled or liable to execu- 
 tion ; 
 
 (b) Where a husband is entitled or liable to execution upon a 
 
 judgment or order for or against a wife ; 
 
 (c) Where a party is entitled to execution upon a judgment 
 
 of assets infuturo; 
 
 (d) Where a party is entitled to execution against any of the 
 
 shareholders of a joint-stock company upon a judg- 
 ment recorded against such company, or against a 
 public officer or other person representing such com- 
 pany ; 
 the party alleging himself to be entitled to execution may apply 
 to the Court or a judge for leave to issue execution accordingly. 
 And such Court or judge may, if satisfied that the party so 
 applying is entitled to issue execution, make an order to that 
 effect, or may order that any issue or question necessary to de- 
 termine the rights of the parties shall be tried in any of the 
 ways in which any question in an action may be tried. And in 
 either case such Court or judge may impose such terms as to 
 costs or otherwise as shall be just. 
 
 Rule 24. Every order of the Court or a judge in any cause 
 or matter may be enforced against all persons bound thereby in 
 the same manner as a judgment to the same effect. 
 
 Rule 25. An order of commitment under the Debtors Act, 
 1869, shall bear date on the day on which such order was made, 
 and shall continue in force for one year from such date and no 
 longer; but it may be renewed in the manner provided for 
 writs of execution by Rule 20 of this Order. 
 
 Rule 26. Any person not being a party to a cause or matter, 
 who obtains any order or in whose favour any order is made, 
 shall be entitled to enforce obedience to such order by the same 
 process as if he were a party to such cause or matter ; and any
 
 PRACTICE UNDER RULES OF SUPREME COURT, 1883. 27 
 
 person not being a party to a cause or matter, against whom 
 obedience to any judgment or order may be enforced, shall bo 
 liable to the same process for enforcing obedience to such judg- 
 ment or order as if he were a party to such cause or matter. 
 
 Rule 27. No proceeding by audita querela shall hereafter be Audita querela 
 used; but any party against whom judgment has been given ^ °^ 10 f .' 
 may apply to the Court or a judge for a stay of execution or stay execu- 
 other relief against such judgment, upon the ground of facts lon * 
 which have arisen too late to be pleaded ; and the Court or judge 
 may give such relief and upon such terms as may be just. 
 
 Rule 28. Nothing in this Order shall take away or curtail any Saving of 
 right heretofore existing to enforce or give effect to any judg- ^oie of 8 
 ment or order in any manner or against any person or property process, 
 whatsoever. 
 
 Rule 29. Nothing in this Order shall affect the order in which Order of 
 
 • iP j_ • i-i issuing writs. 
 
 writs oi execution may be issued. 
 
 Rule 30. If a mandamus, granted in an action or otherwise, Court may 
 
 -,, ,.... ., ;pj_i t> direct act to 
 
 or a mandatory order, injunction, or judgment tor the specific be done at 
 
 performance of any contract be not complied with, the Court or ^P^ ns , e . of 
 ■ i-i • c t • t disobedient 
 
 a judge, besides or instead ot proceedings against the disobedient party. 
 
 party for contempt, may direct that the act required to be done 
 
 may be done so far as practicable by the party by whom the 
 
 judgment or order has been obtained, or some other person 
 
 appointed by the Court or judge, at the cost of the disobedient 
 
 party, and upon the act being done, the expenses incurred may 
 
 be ascertained in such manner as the Court or a judge may 
 
 direct, and execution may issue for the amount so ascertained, 
 
 and costs. 
 
 Rule 31. Any judgment or order against a corporation wilfully How judg- 
 
 disobeyed may, by leave of the Court or a judge, be enforced by corporation 8 
 
 sequestration against the corporate property, or by attachment enforced. 
 
 against the directors or other officers thereof, or by writ of 
 
 sequestration against their property. 
 
 Discovery in Ai<l <>f Execution. 
 Rule 32. When a judgment or order is for the recovery or Examination 
 payment of money, the party entitled to enforce it may apply a* . i"l t or^- 1" ' tV* 
 to the Court or a judge for an order that the debtor liable under debts owing 
 such judgment or order, or in the case of a corporation that any 
 officer thereof, be orally examined, as to whether any and what 
 debts are owing to the debtor, and whether the debtor has any 
 and what other property or means of satisfying the judgment or
 
 28 
 
 GENERAL PRACTICE. 
 
 Court may 
 order attend- 
 ance, &c. of 
 party, if diffi- 
 culty in 
 enforcing 
 judgment. 
 
 Costs of 
 application 
 under it. 32 
 and 33. 
 
 order, before a judge or an officer of the Court as the Court or 
 judge shall appoint ; and the Court or judge may make an 
 order for the attendance and the examination of such debtor, 
 or of any other person, and for the production of any books or 
 documents. 
 
 Rule 33. In case of any judgment or order other than for the 
 recovery or payment of money, if any difficulty shall arise in or 
 about the execution or enforcement thereof, any party interested 
 may apply to the Court or a judge, and the Court or judge may 
 make such order thereon for the attendance and examination of 
 any party or otherwise as may be just. 
 
 Rule 34. The costs of any application under the last two pre- 
 ceding rules or either of them, and of any proceedings arising 
 from or incidental thereto, shall be in the discretion of the Court 
 or a judge, or in the discretion of such officer as in Rule 32 
 mentioned, if the Court or a judge shall so direct. 
 
 Ord. XLIII. 
 
 Effect, &c. of 
 writs of fi. fa. 
 and elegit. 
 
 "Writ of ven- 
 ditioni exponas. 
 
 "Writs of 
 f. fa. de bonis 
 ecclesiasticis, or 
 sequestration. 
 
 Procedure 
 thereon. 
 
 Ord. XLIII.— WHITS OF FIEEI FACIAS, ELEGIT, AND 
 
 SEQUESTRATION. 
 
 Rule 1. "Writs of fieri facias and of elegit shall have the same 
 force and effect as the like writs have heretofore had, and shall 
 be executed in the same manner in which the like writs have 
 heretofore been executed. 
 
 Rule 2. Where it appears, upon the return of any writ of fieri 
 facias, that the sheriff or other officer has by virtue of such writ 
 seized, but not sold, any goods of the person directed to pay a 
 sum of money or costs, the person to whom such sum of money 
 or costs is payable shall, immediately after such writ with such 
 return shall have been filed as of record, be at liberty to sue out 
 a writ of venditioni exponas. 
 
 Rule 3. Where it appears, upon the return of any writ of 
 fieri facias or any writ of elegit, that the person against whom 
 such writ was so issued is a beneficed clerk, and has no goods or 
 chattels, nor any lay fee in the bailiwick of the sheriff to whom 
 such writ was directed, the person to whom the sum of money 
 or costs mentioned in such writ is or are payable shall, im- 
 mediately after such writ with such return shall have been 
 filed as of record, bo at liberty to sue out one or more writs 
 of fieri facias de bonis ecclesiasticis, or one or more writs of 
 secjuestration. 
 
 Rule 4. Such writs as in the last preceding rule mentioned,
 
 PRACTICE UNDER RULES OE SUPREME COURT, 1883. 29 
 
 when sealed, shall be delivered to the bishop to be executed by 
 him, and such writs, when returned by the bishop, shall be 
 delivered to the parties or solicitors by whom respectively they 
 were sued out, and shall thereupon be filed as of record in the 
 Central Office ; and for the execution of such writs the bishop 
 or his officers shall not take or be allowed any fees other than 
 such as are or shall be from time to time allowed by lawful 
 authority. 
 
 Rule 5. Writs of venditioni exponas, distringas nuper rice com- "Writs in aid 
 item, fieri facias de bonis ecclesiasticis, sequestrari facias de bonis ° e { e fit T 
 eccksiastieis, and all other writs in aid of a writ of fieri facias or 
 of elegit, may be issued and executed in the same cases and in 
 the same manner as heretofore. 
 
 Rule G. Where any person is by any judgment or order Sequestration 
 directed to pay money into Court or to do any other act in a pavmenf 
 limited time, and after due service of such judgment or order into Court or 
 refuses or neglects to obey the same according to the exigency 
 thereof, the person prosecuting such judgment or order shall, at 
 the expiration of the time limited for the performance thereof, 
 be entitled, without obtaining any order for that purpose, to 
 issue a writ of sequestration against the estate and effects of 
 such disobedient person. Such writ of sequestration shall have 
 the same effect as a writ of sequestration in Chancery had before 
 the commencement of the principal Act, and the proceeds of 
 such sequestration may be dealt with in the same manner as the 
 proceeds of writs of sequestration were before the same date 
 dealt with by the Court of Chancery. 
 
 Rule 7. Xo subpoena for the payment of costs, and, unless by No subpoena 
 leave of the Court or a judge, no sequestration to enforce such i^^ seques- 
 
 payment, shall be issued. tration for 
 
 costs. 
 
 Ord. XIAY.—A TTA< ■IIMEXT. Ord. XLIV. 
 
 Rule 1 . A writ of attachment shall have the same effect as Effect of -writ 
 a writ of attachment issued out of the Chancery Division has men t. ac 
 heretofore had. 
 
 Rule 2. No writ of attachment shall be issued without the Application 
 leave of the Court or a judge, to be applied for on notice to the 
 party against whom the attachment is to be issued. 
 
 for leave to 
 
 issue. 
 
 Ord. XLYLL— WRIT OF POSSESS I". V. Ord. XLVII. 
 
 Rule 1. A judgment or order that a party do recover posses- Writ of pos- 
 sion of any land may be enforced by writ of possession in coTCryof rG " 
 
 laud.
 
 30 
 
 GENERAL PRACTICE. 
 
 Writ issued on 
 proving ser- 
 vice of judg- 
 ment and 
 disobedience. 
 
 Separate 
 writs for 
 recovery of 
 possession and 
 
 costs. 
 
 manner before the commencement of the principal Act used in 
 actions of ejectment in the Superior Courts of Common Law. 
 
 Eule 2. Where by any judgment or order any person therein 
 named is directed to deliver up possession of any lands to some 
 other person, the person prosecuting such judgment or order 
 shall, without any order for that purpose, he entitled to sue 
 out a writ of possession on filing an affidavit showing due 
 service of such judgment or order and that the same has not 
 been obeyed. 
 
 Eule 3. Upon any judgment or order for the recovery of any 
 land and costs, there may be either one writ or separate writs 
 of execution for the recovery of possession and for the costs at 
 the election of the successful party. 
 
 Ord.XLVIII. 
 
 Ord. xlviil— writ of delivery. 
 
 Writ of deli 
 very, when 
 ordered. 
 
 Eule 1. Where it is sought to enforce a judgment or order for 
 the recovery of any property other than land or money by writ 
 of delivery, the Court or a judge may, upon the application of 
 the plaintiff, order that execution shall issue for the delivery of 
 the property, without giving the defendant the option of retain- 
 ing the property, upon paying the value assessed, if any, and 
 that if the property cannot be found, and unless the Court or a 
 judge shall otherwise order, the sheriff shall distrain the defen- 
 dant by all his lands and chattels in the sheriff's bailiwick, till 
 the defendant deliver the property ; or at the option of the 
 plaintiff, that the sheriff cause to be made of the defendant's 
 goods the assessed value, if any, of the property. 
 
 Eule 2. A writ of delivery shall be in the Form No. 10 in 
 Separate writ Appendix H. ; and when a writ of delivery is issued, the 
 
 for dciiiift cr 6S • 
 
 &c. plaintiff shall, either by the same or a separate writ of execu- 
 
 tion, be entitled to have made of the defendant's goods the 
 damages and costs awarded, and interest. 
 
 Eorm of writ. 
 
 Ord. LVII. 
 
 In what cases 
 relief by 
 interpleader 
 granted. 
 
 Ord. INI!.— INTERPLEADER. 
 
 Eule 1. Eelief by way of interpleader may be granted — 
 (a) Where the person seeking relief (in this Order called the 
 applicant) is under liability for any debt, money, 
 goods, or chattels, for or in respect of which he is, or 
 expects to be, sued by two or more parties (in this 
 Order called the claimants) making adverse claims 
 thereto :
 
 PRACTICE UNDER RULES OF SUPREME COURT, 1883. 31 
 
 (b) Where the applicant is a sheriff or other officer charged 
 with the execution of process by or under the authority 
 of the High Court, and claim is made to any money, 
 goods, or chattels taken or intended to be taken in 
 execution under any process, or to the proceeds or 
 value of any such goods or chattels, by any person 
 other than the person against whom the process issued. 
 
 Rule 2. The applicant must satisfy the Court or a judge by What appli- 
 
 rr. -, . , ,, . cant must 
 
 affidavit or otherwise — prove to 
 
 (a) That the applicant claims no interest in the subject-matter Court. 
 
 in dispute, other than for charges or costs : and 
 
 (b) That the applicant does not collude with any of the 
 
 claimants ; and 
 
 (c) That the applicant is willing to pay or transfer the subject- 
 
 matter into Court or to dispose of it as the Court or a 
 judge may direct. 
 
 Rule 3. The applicant shall not be disentitled to relief by Adverse titles 
 reason only that the titles of the claimants have not a common 
 origin, but are adverse to and independent of one another. 
 
 Rule 4. Where the applicant is a defendant, application for Time for 
 relief may be made at any time after service of the writ of a^endao? 1 J 
 summons. 
 
 Rule 5. The applicant may take out a summons calling on Summons by 
 the claimants to appear and state the nature and particulars of app c 
 their claims, and either to maintain or relinquish them. 
 
 Rule 6. If the application is made by a defendant in an Stay of 
 action the Court or a judge may stay all further proceedings in ac 10n " 
 the action. 
 
 Rule 7. If the claimants appear in pursuance of the summons, Order that 
 the Court or a judge may order either that any claimant be n/adedefend- 
 made a defendant in any action already commenced in respect ant, or that 
 of the subject-matter in dispute in lieu of or in addition to the stated. 
 applicant, or that an issue between the claimants be stated and 
 tried, and in the latter case may direct which of the claimants 
 is to be plaintiff, and which defendant. 
 
 Rule 8. The Court or a judge may, with the consent of both Disposal in 
 claimants or on the request of any claimant, if, having regard manner. 
 to the value of the subject-matter in dispute, it seems desirable 
 so to do, dispose of the merits of their claims, and decide the 
 same in a summary manner and on such terms as may be just. 
 
 Rule 9. Where the question is a question of law, and the Questions of 
 facts are not in dispute, the Court or a judge may either decide law *
 
 32 
 
 GENERAL PRACTICE. 
 
 Special case. 
 
 Claimant not 
 appearing, or 
 neglecting to 
 obey to 
 be barred. 
 
 Order under 
 Rule 8, to be 
 final. 
 
 Order to sell 
 goods seized 
 in execution. 
 
 Application of 
 Ords. XXXI., 
 XXXVI. to 
 interpleader 
 proceedings. 
 
 Title of order. 
 
 Orders as to 
 costs, &c. 
 
 the question without directing the trial of an issue, or order 
 that a special case he stated for the opinion of the Court. If a 
 special case is stated, Order XXXIY. shall, as far as applicable, 
 apply thereto. 
 
 Rule 10. If a claimant, having been duly served with a sum- 
 mons calling on him to appear and maintain, or relinquish, 
 his claim, does not appear in pursuance of the summons, or, 
 having appeared, neglects or refuses to comply with any order 
 made after his appearance, the Court or a judge may make an 
 order declaring him, and all persons claiming under him, for 
 ever barred against the applicant, and persons claiming imder 
 him, but the order shall not affect the rights of the claimants as 
 between themselves. 
 
 Rule 11. Except where otherwise provided by statute, the 
 judgment in any action or on any issue ordered to be tried or 
 stated in an interpleader proceeding, and the decision of the 
 Court or a judge in a summary way, under Rule 8 of this Order, 
 shall be final and conclusive against the claimants, and all per- 
 sons claiming under them, unless by special leave of the Court 
 or judge, as the case may be, or of the Court of Appeal. 
 
 Rule 12. When goods or chattels have been seized in execu- 
 tion by a sheriff or other officer charged with the execution of 
 process of the High Court, and any claimant alleges that he is 
 entitled, under a bill of sale or otherwise, to the goods or chattels 
 by way of security for debt, the Court or a judge may order the 
 sale of the whole or a part thereof, and direct the application of 
 the proceeds of the sale in such manner and upon such terms as 
 may be just. 
 
 Rule 13. Orders XXXI. and XXXVI. shall, with the neces- 
 sary modifications, apply to an interpleader issue ; and the Court 
 or judge who tries the issue may finally dispose of the whole 
 matter of the interpleader proceedings, including all costs not 
 otherwise provided for. 
 
 Rule 14. Where in any interpleader proceeding it is necessary 
 or expedient to make one order in several causes or matters 
 pending in several divisions, or before different judges of the 
 same division, such order may be made by the Court or judge 
 before whom the interpleader proceeding may be taken, and 
 shall bo entitled in all such causes or matters ; and any such 
 order (subject to the right of appeal) shall be binding on the 
 parties in all such causes or matters. 
 
 Rule 15. The Court or a judge may, in or for the purposes of
 
 PEACTICE UNDER RULES OF SUPREME COURT, 1883. ; j ) 
 
 any interpleader proceedings, make all such orders as to costs 
 and all other matters as may he just and reasonable. 
 
 Ohd. LKIX.— ARREST OF DEFENDANT UNDER SECT. 6 OF Ord. LXIX. 
 THE DEBTORS ACT, 1869. 
 
 Rule 1. An order to arrest under the 6th section of the Form of 
 Debtors Act, 18GU (which shall he in the Form No. 31 in app^f"' 
 
 ' \ and order to 
 
 Appendix K., with such variations as circumstances may re- arrest, 
 quire), shall be made upon affidavit and ex parte; but the 
 defendant may at any time after arrest apply to the Court or a 
 judge to rescind or vary the order or to be discharged from 
 custody, or for such other relief as may be just. 
 
 Rule 2. An order to arrest shall before delivery to the sheriff Indorsement 
 be indorsed with the plaintiff's address for service as required 
 by Order IV., Rules 1 and 2. Concurrent orders may be issued 
 for arrest in different counties. The sheriff or other officer Sheriff's fees, 
 executing the order shall be entitled to the same fees as hereto- 
 fore. 
 
 Rule 3. The security to be given by the defendant may be a Security to 
 deposit in Court of the amount mentioned in the order, or a be given by 
 
 . . , . deiendant. 
 
 bond to the plaintiff by the defendant and two sufficient sureties 
 (or with the leave of the Court or a judge either one surety or 
 more than two), or, with the plaintiff's consent, any other form 
 of security. The plaintiff may, within four days after receiving 
 particulars of the names and addresses of the proposed sureties, 
 give notice that he objects thereto, stating in the notice the par- 
 ticulars of his objections. In such case the sufficiency of the 
 security shall be determined by a master, who shall have power 
 to award costs to either party. It shall be the duty of the 
 plaintiff to obtain an appointment for that purpose, and unless 
 he do so within four days after giving notice of objection the 
 security shall be deemed sufficient. 
 
 Rule 4. The money deposited, and the security, and all pro- Control of 
 ceedings thereon, shall be subject to the order and control of the Becurifcv^&c 
 Court or a judge. 
 
 Rule 5. Unless otherwise ordered, the costs of and incidental Costs of 
 to an order of arrest shall be costs in the cause. arrest. 
 
 Rule 6. Upon payment into Court of the amount mentioned Discharge of 
 
 in the order, a receipt shall be given ; and upon receiving: the defendant on 
 ' . -i i • payment and 
 
 bond or other security, a certificate to that effect shall be given, security. 
 signed or attested by the plaintiff's solicitor if he have one, or 
 by the plaintiff, if he sue in person. The delivery of such 
 m. p
 
 Date of 
 arrest to be 
 indorsed. 
 
 GENERAL PRACTICE. 
 
 receipt, or a certificate to the sheriff or other officer executing 
 the order, shall entitle the defendant to be discharged out of 
 custody. 
 
 Rule 7. The sheriff or other officer named in an order to 
 arrest shall, within two days after the arrest, indorse on the 
 order the true date of such arrest. 
 
 [And see Forms in the Appendices to aboye Kules so far as not set out 
 in the various branches of this work.] 
 
 Outlawry 
 before jud^ 
 ment. 
 
 On non- 
 appearance 
 distringas or 
 capias may 
 issue. 
 
 Issue of alias 
 and pluries 
 ■writs. 
 
 Capias cum 
 proclamatione 
 
 into foreign 
 county. 
 
 Practice under Crown Office Rules, 1886. 
 
 Outlawry. 
 
 Rule 99. To proceed to outlawry before judgment on an 
 indictment for misdemeanor, or an information, the prosecutor 
 must issue a writ of venire facias at the Crown Office returnable 
 on a day certain either in or out of the sittings. 
 
 Rule 100. On the return of the sheriff that he has summoned 
 the defendant, and the defendant has not appeared, the prose- 
 cutor may issue a distnngas to answer, returnable on a day 
 certain either in or out of the sittings, and if necessary alias 
 writs of distringas, and if the sheriff return that the defendant 
 has no goods in his bailiwick whereby he can be summoned, or 
 distrained, a capias ad respondendum tested, and made returnable 
 as the writ of venire facias, may be issued on the fourth day 
 after the return. 
 
 Rule 101. On the return of non est inventus to a capiat ad 
 respondendum, before the prosecutor can proceed further, he 
 shall issue a second writ of capias on the fourth day after the 
 return of the first, made returnable as the first writ, and shall 
 issue a third writ of capias on the fourth day after the return of 
 the second, tested and made returnable, as the second writ. 
 
 Rule 102. If the defendant is dwelling in another county 
 than where the indictment was found, or where the information 
 be laid, the prosecutor shall issue another second writ of capias 
 cum proclamatione to the sheriff of the foreign county after the 
 return of the first writ to the sheriff of the county in which the 
 indictment was found, or information laid, tested as the other 
 writs of capias, but not to bo made returnable till such a day 
 certain as will enable the sheriff of the foreign county, if he 
 cannot be found, to make proclamation at two of his County
 
 PRACTICE UNDER CROWN OFFICE RULES, 1886. 35 
 
 Courts either three months, or four months, after the issue of 
 the writ according as the sheriff may hold his Courts from 
 month to month, or six weeks to six weeks. 
 
 Rule 103. Upon a return of non est inventus to the third writ Writ of 
 of capias in the same county, and if the defendant be dwelling cxl ° en ■ 
 in another county to the capias to the sheriff of such county, a 
 writ of exigent must be issued by the prosecutor. 
 
 Rule 104. Simultaneously with the writ of exigent a writ of Writ of pro- 
 proclamations shall be issued to the sheriff of the county where c ama lons " 
 the defendant is mentioned to be, or inhabit ; both writs must 
 be tested on the day of the return to the previous process, and 
 returnable on such a day certain during the sittings as will 
 admit of their being delivered to the sheriff three months before 
 return. 
 
 Rule. 105. If it does not appear by the return to the writ of Writ of 
 exigent that the defendant has been exacted five times and aU^atnr™ 
 outlawed, the prosecutor must issue another writ of exigent 
 with allocatur, commanding the sheriff to cause him to be 
 further exacted until he shall have been exacted five times and 
 outlawed. 
 
 Rule 106. Upon the return of the sheriff that the defendant Entry of 
 has been exacted five times and outlawed, on application of the J ud o ment - 
 prosecutor judgment may be entered at the Crown Office. 
 
 Rule 107. After judgment has been entered, the roll of all Roll of pro- 
 file proceedings may be engrossed by the prosecutor, and filed cee ° s ' 
 at the Crown Office. 
 
 Rule 108. A writ of capias utlagatum may be issued by the Capias utla- 
 prosecutor at any time the defendant is likely to be found, or a gat 
 like writ special, cum breve de inquirendo, or if necessary a writ 
 of melius inquirendum may be applied for. 
 
 Rule 109. All the rules as to proceeding to outlawry on Application 
 indictment in misdemeanor before judgment, shall apply to fei on y a 
 indictment for felony, except that in felony. the prosecutor may 
 issue a writ of capias ad respondendum at once, instead of a 
 venire facias to answer. 
 
 Rule 110. On proceeding to outlawry after judgment on Outlawry 
 indictment for felony or misdemeanor or information, the !!™£ 3 s ~ 
 prosecutor may issue a writ of capias ad satisfaciendum into the 
 county where the indictment is found, or information laid, 
 returnable on the first day of the then next sittings. One writ 
 of capias only need be issued, and on return of non est in rait a*, 
 the prosecutor may issue a writ of exigent tested on the return 
 
 d2
 
 ;56 
 
 GENERAL PRACTICE. 
 
 Application 
 of rules to 
 proceedings 
 after judg- 
 ment. 
 
 Capias utla- 
 gatum into 
 Lancashire. 
 
 day of the writ of capias, returnable on the first day of the then 
 next sittings. It shall not he necessary to issue any writ of 
 proclamations on the return of a writ of capias ad satis- 
 faciendum. 
 
 Eule 111. After the return to the writ of exigent, the rules 
 as to proceeding after writ of exigent in outlawry before judg- 
 ment shall apply to proceedings in outlawry after judgment. 
 
 Rule 112. In the county of Lancaster the capias utlagatum 
 and all subsequent process shall be directed to the Chancellor of 
 the Duchy. 
 
 Personal 
 appearance. 
 
 Undertaking 
 of solicitor to 
 appear. 
 
 Bail an 1 
 super sidcas. 
 
 Plea on 
 reversal. 
 
 Committal on 
 outlawry 
 after judg- 
 ment. 
 
 Reversal after 
 conviction. 
 
 Writ of error 
 to reverse. 
 
 Reversal of Outlawry. 
 
 Rule 113. It shall not be necessary for any person who shall 
 be outlawed before conviction for any matter or thing except 
 treason or felony to appear in person to reverse such outlawry, 
 but such person may appear by solicitor and reverse the same. 
 
 Rule 114. If any person outlawed otherwise than for treason, 
 or felony, before conviction be taken and arrested upon any 
 capias utlagatum, the sheriff may take a solicitor's engagement 
 under his hand to appear for the defendant, and shall there- 
 upon discharge the defendant from the arrest. 
 
 Rule 115. If a defendant surrenders or is taken before out- 
 lawry is complete on misdemeanor before judgment, he may 
 give bail in such amount, and with or without sureties, as a 
 judge may direct, to appear to the indictment, inquisition, or 
 information, and on appearance apply to the Court or a judge 
 for a supersedeas to the process of outlawry. 
 
 Rule 116. If a defendant comes in on an indictment or 
 information for misdemeanor, and reverses the outlawry before 
 judgment, he shall plead instanter. 
 
 Rule 117. On an indictment or inquisition for felony, or in 
 any case after judgment, a defendant who surrenders or is 
 taken before the outlawry is complete, shall be committed to 
 answer the indictment or inquisition or to satisfy the judgment, 
 but may supersede the outlawry process. 
 
 Rule 118. To reverse outlawry after conviction the defendant 
 shall surrender himself into custody, and afterwards be brought 
 into Court to assign errors upon the judgment in outlawry, by 
 habeas corpus. 
 
 Rule 119. If the defendant be taken on a capias utlagatum, 
 he shall deliver the writ of error into Court when he appears 
 upon the return to the capias ; he shall then move for an order to
 
 1886. 37 
 
 bring him up again to assign errors, and shall be committed by 
 the Court to the Queen's prison. 
 
 Rule 120. Until outlawry be reversed a defendant after con- No committal 
 viction shall not be committed, or called up for judgment upon 
 an indictment, information, or inquisition. 
 
 Rule 121. Upon the assignment of error in outlawry the Assignment 
 prosecutor shall join in error within eight days, and the case ° ei 
 may then be entered in the Crown paper for argument on the 
 application of either party as in error to the Queen's Bench 
 Division from inferior courts. 
 
 Bail. 
 
 Rule 122. Applications for bail in felony or misdemeanor Application 
 where the party is in custody shall be in the first instance by w flummons ^ 
 summons before a judge at chambers for a writ of habeas corpus, 
 or to show cause why the defendant should not be admitted to 
 bail either before a judge at chambers or before a justice of the 
 peace, in such an amount as the judge may direct. 
 
 Scire Facias. 
 
 Rule 127. No proceedings shall be taken in the Crown Office Scire facias 
 by scire facias upon recognizance. 
 
 abolished. 
 
 Jury. 
 
 Rule lo8. Writs of venire facias, or other writs for the sum- How 
 moning of juries, shall no longer be used, but the jury, whether 
 special or common, shall be taken from the list of persons sum- 
 moned for the sittings or assizes, and a panel shall be annexed 
 to the record as in civil cases. Either the prosecutor or the 
 defendant may, except in case of felony, obtain a special jury 
 upon giving the like notice as is required in civil cases, and the 
 Court or a judge may, at the instance of either party, order that 
 a special jury be struck as provided for by " The Juries Act, 
 1870." And when the jury has been reduced either party may 
 draw up an order at the Crown Office directing the sheriff to 
 summon that particular jury at such time and place as may be 
 required. 
 
 View. 
 
 Rule 159. Upon any application for a view there shall be an Costs of view, 
 affidavit stating the place at which the view is to be made, and
 
 38 
 
 GENERAL PRACTICE. 
 
 the distance thereof from the office of the under-sheriff, and the 
 sum to be deposited with the under-sheriff shall be 10/. in case 
 of a common jury, and 16/. in case of a special jury, if such 
 distance do not exceed five miles, and 15/. in case of a common 
 jury, and 21/. in case of a special jury, if it be above five miles. 
 And if such sum shall be more than sufficient to pay the 
 expenses of the view, the surplus shall forthwith be returned to 
 the solicitor of the party who obtained the view. If such sum 
 shall not be sufficient to pay such expenses the deficiency shall 
 forthwith be paid by such solicitor to the under-sheriff, and the 
 under-sheriff shall pay and account for the money so deposited, 
 according to the scale at the end of the Appendix to these 
 Eules. 
 
 Application 
 of Ord.XLII. 
 of R. S. C, 
 
 1883. 
 
 Attachment 
 or committal. 
 
 Praecipe. 
 
 Endorsement 
 on writ of 
 execution. 
 
 Execution. 
 
 Eule 217. Order XLII. of the Eules of the Supreme Court, 
 1883 (Execution), shall, as far as it is applicable, apply to all 
 civil proceedings on the Crown side. 
 
 The following Eules shall apply to all criminal proceedings 
 on the Crown side : — 
 
 Eule 218. A judgment or order requiring any person to do 
 any act other than the payment of money, or to abstain from 
 doing anything, may be enforced by writ of attachment, or by 
 committal. 
 
 Eule 219. No writ of execution shall be issued without the 
 party issuing it, or his solicitor, filing a prcecipe for that pur- 
 pose. The prcecipe shall contain the title of the proceeding and 
 the date of the judgment or order on which it is founded, the 
 names of the parties against whom the execution is to be issued, 
 and shall be signed by or on behalf of the solicitor of the party 
 issuing it, or by the party issuing if he do so in person. 
 
 Eule 220. Every writ of execution shall be endorsed with the 
 name and place of abode, or office of business, of the solicitor 
 actually suing out the same ; and when the solicitor actually 
 suing out the writ shall sue out the same as agent for another 
 solicitor, the name and place of abode of such other solicitor 
 shall be indorsed upon the writ, and in case no solicitor shall be 
 employed to issue the writ, then it shall be indorsed with a 
 memorandum expressing that the same has been sued out by the 
 party in person, mentioning the city, town or parish, and also 
 the name of the hamlet, street, and number of the house of such 
 residence, if any such there be.
 
 PRACTICE UNDER CROWN OFFICE RULES, 1886. 39 
 
 Rule 221. Every writ of execution shall be made returnable Return to 
 immediately after the execution thereof. wri ' 
 
 Rule 222. In every case of execution the party entitled to Poundage, &c. 
 execution may levy the poundage, fees, and expenses of execu- 
 tion over and above the sum recovered. 
 
 Rule 223. Every writ of execution for the recovery of money Interest, 
 shall be endorsed with a direction to the sheriff or other officer 
 or person to whom the writ is directed to levy the money really 
 due and payable and sought to be recovered, with interest at 
 the rate of 4/. per cent, per annum from the time (when the 
 judgment was entered up) or from the date of the order. 
 
 Rule 224. Every person to whom any sum of money or any Fl.fa. or 
 costs shall be payable under a judgment shall immediately after eesi ' 
 the time when the judgment was duly entered be entitled to sue 
 out one or more writ or writs of fieri facias, or one or more writs 
 of elegit to enforce payment thereof. 
 
 Rule 225. Every order of the Court or a judge in any cause Orders, how 
 or matter may be enforced in the same manner as a judgment en orce ' 
 to that effect. 
 
 Rule 226. A writ of execution, if unexecuted, shall remain in Duration of 
 force for one year only from its issue, unless renewed in the 
 manner hereinafter provided ; but such writ may, at any time Renewal, 
 before its expiration, by leave of the Court or a judge, be re- 
 newed by the party issuing it, for one year from the date of 
 such renewal, and so on from time to time during the continu- 
 ance of the renewed writ either by being marked with a seal of 
 the Court bearing the date of the day, month, and year of such 
 renewal, or by such party giving a written notice of renewal to 
 the sheriff, signed by the party or his solicitor, and bearing the 
 like seal of the Court ; and a writ of execution so renewed shall 
 have effect and be entitled to priority according to the time of 
 the original delivery thereof. 
 
 Rule 227. The production of a writ of execution or the notice Evidence of 
 renewing the same, purporting to be marked witli such seal as 
 in the last preceding rule mentioned, showing the same to have 
 been renewed, shall be sufficient evidence of its having been so 
 renewed. 
 
 Rule 228. "Writs of fieri facias and of elegit shall have the Effect of fi. 
 same force and effect as the like writs have heretofore had, '*" an e ' C9lL 
 except that a writ of elegit shall no longer extend to the goods 
 of the debtor, and shall be executed in the same manner in 
 which the like writs have heretofore been executed.
 
 40 
 
 GENEKAL PRACTICE. 
 
 "Where 
 issued. 
 
 Preparation 
 of writs. 
 
 Teste of 
 •writs. 
 
 When 
 returnable. 
 
 Order to 
 return writs. 
 
 "Writs to 
 
 compel 
 
 appearance. 
 
 Writs. 
 
 Eule 229. All writs on the Crown side shall be issued at the 
 Crown Office Department of the Central Office. 
 
 Rule 230. Every writ shall be prepared by the solicitor or 
 party suing out the same, and shall be written or printed on 
 parchment. Every writ shall, before being sealed, be indorsed 
 with the name and address of such solicitor or party ; and, if 
 sued out by the solicitor as agent, with the name and address 
 of the principal solicitor also. With the exception of writs 
 of subpoena ad testificandum, all writs issued at the Crown 
 Office shall be entered in a book to be there kept for the 
 purpose. 
 
 Eule 231. Every writ, except as hereinafter by these rules 
 provided, shall bear date on the day on which the same shall 
 be issued, and shall be tested at the Royal Courts of Justice, 
 London, in the name of the Lord Chief Justice of England. 
 
 Rule 232. Every writ, unless by these rules otherwise pro- 
 vided, issued by the Queen's Bench Division, when returnable 
 in Court, shall be made returnable forthwith in such division ; 
 and such of the aforesaid writs as may be made returnable at 
 chambers, shall be made returnable forthwith before a judge at 
 chambers, unless otherwise ordered : provided that every writ 
 of habeas corpus ad subjiciendum shall be made returnable imme- 
 diately. 
 
 Rule 233. Every order to return a writ shall require such 
 return to be made within four days next after service of such 
 order, if served in London or Middlesex, and within eight days 
 in all other cases. Every writ returnable in Court shall, 
 together with the return thereto, be hied in the Crown Office, 
 and every writ returnable before a judge shall, after the decision 
 of the judge thereon, be so filed, with the return and any order 
 made thereon or a copy of such order ; provided that any writ 
 of certiorari to remove inquisitions and depositions taken before 
 a justice of the peace, or a coroner, upon the commitment of 
 any person charged with any offence, shall, as soon as the 
 Court or a judge shall have exercised their or his discretion 
 thereon, be transmitted to the clerk of assize or clerk of the 
 peace or other officer (as the case may be) of the county, 
 borough, or place from which they have been received. 
 
 Rule 234. Every writ to compel an appearance shall require 
 the appearance to be entered in the Crown Office on a day
 
 PRACTICE UNDER CROWN OFFICE RULES, 1886. 41 
 
 certain, and in case no appearance shall be entered at the end 
 of four days, exclusive of the return day thereof, further 
 process may issue to compel an appearance, which further 
 process shall be tested on the return day of the previous 
 process ; and every writ of capias ad satisfaciendum shall have 
 eight days at least between such teste and return. 
 
 Habeas Corpus. 
 A. — Ad subjiciendum. 
 
 Rule 235. An application for a writ of habeas corpus ad Application 
 subjiciendum may be made to the Court or a judge. 
 
 Rule 236. If made to the Court the application shall be by When made 
 motion for an order, which if the Court so direct may be made ° our ' 
 absolute ex parte for the writ to issue in the first instance ; or if 
 the Court so direct they may grant an order nisi. 
 
 Rule 237. If made to a judge he may order the writ to issue When made 
 ex parte in the first instance, or may direct a summons for the ° JU ge ' 
 writ to issue. 
 
 Rule 238. Provided that no application for a writ of habeas In extradi- 
 corpus on a warrant of extradition shall be made to a judge at lon cases ' 
 chambers during the sittings. 
 
 Rule 239. The writ of habeas corpus shall be served personally, Service of 
 if possible, upon the party to whom it is directed ; or if not wri ' 
 possible, or if the writ be directed to a gaoler or other public 
 official, by leaving it with a servant or agent of the person 
 confining or restraining, at the place where the prisoner is 
 confined or restrained, and if the writ be directed to more than 
 one person, the original delivered to or left with such principal 
 person, and copies served or left on each of the other persons in 
 the same manner as the writ. 
 
 Rule 240. If a writ of habeas corpus be disobeyed by the Disobedience 
 person to whom it is directed, application may be made to the to wn 
 Court on an affidavit of service and disobedience for an attach- 
 ment for contempt. In vacation an application may be made 
 to a judge in chambers for a warrant for the apprehension of 
 the person in contempt to be brought before him, or some other 
 judge, to be bound over to appear in Court at the next ensuing 
 sittings, to answer for his contempt, or to be committed to the 
 Queen's prison for want of bail. 
 
 Rule 241. The return to the writ of habeas corpus shall Return to 
 
 writ .
 
 42 
 
 GENERAL PRACTICE. 
 
 Amendment 
 of return. 
 
 Proceedings 
 in Court on 
 return. 
 
 Discharge of 
 prisoner with- 
 out return. 
 
 Order to be 
 drawn up and 
 writ, return, 
 &c. to be 
 filed. 
 
 contain a copy of all the causes of the prisoner's detainer indorsed 
 on the writ, or on a separate schedule annexed to it. 
 
 Rule 242. The return may be amended or another substi- 
 tuted for it by leave of the Court or a judge. 
 
 Rule 243. When a return to the writ of habeas corpus is 
 made, the return shall first be read, and motion then made 
 for discharging or remanding the prisoner, or amending or 
 quashing the return. 
 
 Rule 244. On the argument of an order nisi for a writ of 
 habeas corpus, the Court may in its discretion direct an order 
 to be drawn up for the prisoner's discharge, instead of waiting 
 for the return of the writ, which order shall be a sufficient 
 warrant to any gaoler or constable or other person for his 
 discharge. 
 
 Rule 245. Upon the argument before the Court on the return 
 of a writ of habeas corpus, the party in whose favour judgment 
 is given shall forthwith draw up an order in accordance with 
 the decision of the Court at the Crown Office, and the writ, 
 and return, and affidavits shall be filed there. When the order 
 has been made by a judge at chambers, the writ, and return, 
 with the affidavits and a copy of the judge's order, shall be 
 forthwith transmitted to the Crown Office to be filed. 
 
 Application 
 for. 
 
 Order to 
 bring up 
 prisoner as 
 witness. 
 
 Writs ad 
 deliberandum 
 and rccipias. 
 
 Order of 
 hearing 
 counsel. 
 
 B. — Other Writs of Habeas Corpus. 
 
 Rule 246. Applications for writs of habeas corpus ad testifi- 
 candum, ad respondendum, or ad deliberandum and rccipias, must 
 be made on affidavit to a judge at chambers. 
 
 Rule 247. An application to bring up a prisoner to give 
 evidence on any cause or matter civil or criminal before any 
 Court, justice, or other judicature may be made to a judge, on 
 affidavit for an order. 
 
 Rule 248. An application for habeas corpus ad deliberandum 
 and rccipias shall be for two writs, the writ ad deliberandum to 
 the gaoler to deliver the prisoner, and the writ rccipias to the 
 other gaoler to receive him. 
 
 Rule 249. When a prisoner is brought up by habeas corpus 
 the counsel for the prisoner shall be first heard, and then the 
 counsel for the Crown, and then one counsel for the prisoner in 
 reply.
 
 PRACTICE UNDER CROWN OFFICE RULES, 1886. 43 
 
 Attachment for Contempt. 
 
 Rule 261. An application for an attachment for contempt Application 
 shall be by motion for an order nisi. The service of an order 
 nisi for an attachment shall be personal. 
 
 Rule 262. Every writ of attachment for contempt shall bo When 
 made returnable in the Queen's Bench Division on a day certain 
 during the sittings. In case of a return of non est inventus 
 thereon, one or more writs may issue tested on the return day of 
 the previous writ. 
 
 Rule 26o. If the sheriff returns cepi corpus, on application at Habeas corpus 
 the Crown Office, an order shall be drawn up for a writ of ^"^ 
 habeas corpus to issue to bring in the body of the defendant. 
 
 Rule 264. When the defendant is brought before the Court Interroga- 
 on the attachment, a motion may be made by the prosecutor, or ones ' 
 if he does not make it, by the defendant, that he may be sworn 
 to answer such questions or interrogatories as may be put to him 
 by the prosecutor, and must give such bail to answer them before 
 the Queen's coroner and attorney, or the Master of the Crown 
 Office, as the Court may think fit, and for the Master to proceed 
 to examine the matter and report to the Court thereon. 
 
 Rule 265. In default of bail the defendant shall be committed Committal to 
 to the Queen's prison, but if at any time after he be prepared default of 
 to give it, he may be brought before the Court or a judge on bail - 
 an order on the person in whose custody he is, which order 
 shall be drawn up on application at the Crown Office for that 
 purpose. 
 
 Rule 266. On the defendant being sworn an order may be Order to file 
 drawn up at the Crown Office, and served on the prosecutor to "ories°° a " 
 file interrogatories within four days after the service thereof. If 
 no interrogatories are filed at the end of the fourth day, on 
 obtaining a certificate from the Queen's coroner and attorney, 
 or Master of the Crown Office to that effect, the defendant 
 shall be discharged out of custody by an order of the Court or 
 a judge. 
 
 Rule 267. The answers to the interrogatories shall be signed Answers to 
 by the defendant and also acknowledged by him before any tories°° a " 
 commissioner to administer oaths in the Supreme Court of 
 Judicature. 
 
 Rule 268. On an intimation to one of the parties that the Master's 
 Master is prepared with his report, a motion may be made on a report -
 
 44 
 
 GENEEAL PEACTICE. 
 
 Defendant to 
 be present on 
 Master's 
 report. 
 
 Notice to 
 defendant to 
 appear on 
 report. 
 
 Defendant in 
 contempt. 
 
 Procedure on 
 tentence. 
 
 Order for 
 sentence. 
 
 Costs when 
 defendant 
 not guilty. 
 
 Counsel to 
 sign interro- 
 gatories. 
 
 Disallowance 
 of irrelevant 
 questions. 
 
 "Writ to be 
 opened, &c. 
 in open 
 Court. 
 
 four days' notice to be served on the other party, that the Master 
 on a day certain do make his report to the Court. 
 
 Rule 26'9. The defendant shall he present in Court on the 
 Master's, report being made* if he be in the Queen's prison 
 under process from the High Court, an order may be drawn up 
 on application at the Crown Office for the governor of the 
 Queen's prison to bring him into Court ; but if he be in custody 
 in any other prison, or under process from any other Court, the 
 order shall be for a writ of habeas corpus, which order may be 
 drawn up in like manner and such writ issued thereon. 
 
 Rule 270. If the defendant be out on bail, the prosecutor 
 shall, if possible, give notice to the defendant and his bail that 
 the defendant is required personally to attend the Court on the 
 report, and that if he does not so attend the Court will be moved 
 to estreat the recognizance. 
 
 Rule 271. If the defendant be reported in contempt, the Court 
 after hearing the parties on the report may either pronounce 
 sentence at once or commit him to the Queen's prison until 
 some future day for that purpose, when an order shall be drawn 
 up at the Crown Office directing the governor of the Queen's 
 prison to bring the defendant into Court. 
 
 Rule 272. On proceeding to sentence, affidavits in mitigation 
 or aggravation may be read, and the defendant or his counsel 
 heard, and the prosecutor's counsel be heard in reply. 
 
 Rule 273. If the defendant be sentenced to imprisonment, the 
 order for sentence shall be lodged with the gaoler of the prison 
 to which he is committed. 
 
 Rule 274. If the defendant is reported not to be in contempt, 
 the Court may order him and his recognizances to be dis- 
 charged, and with costs if the Court shall be of opinion that 
 the prosecutor's complaint was groundless, and the attachment 
 vexatious. 
 
 Rule 275. All interrogatories in writing on attachments shall 
 be signed by counsel. 
 
 Rule 276. It shall be lawful for the Queen's coroner and 
 attorney or the Master of the Crown Office to disallow any 
 question or interrogatory that he considers irrelevant or other- 
 wise improper. 
 
 De Contumace Capiendo — Excommunicato Capiendo. 
 
 Rule 277. On a writ of de contumace or de excommunicato 
 capiendo being issued, it shall be handed to the Queen's coroner
 
 PEACTICE UNDER CROWN OFFICE RULES, 1886. 45 
 
 and attorney, or Master of the Crown Office (in open Court 
 during the sittings, to he opened and indorsed and sent to the 
 Crown Office) and the prosecutor's solicitor may then apply at 
 the Crown Office for the writ and 'shall lodge it with the sheriff 
 for execution. 
 
 Rule 278. On a return by the sheriff that he has taken the Application 
 defendant, an application may he made to the Court on behalf 
 of the defendant, for an order nisi to set aside the proceedings 
 for irregularity or insufficiency, or for a writ of habeas corpus 
 to bring up the defendant to be discharged for the want of 
 sufficiency in the writ. 
 
 Rule 279. If the sheriff returns non est in rent us the prosecutor Capias super 
 may issue a writ of capias super contumace capiendo with a penalty ^"J","^ 6 
 of 10/., which shall be tested on the return day of the contumace 
 capiendo and made returnable two months after the teste. If 
 return be made to the writ of capias that the defendant has not 
 yielded himself to prison, an alias wait of capias with an increased 
 penalty of 20/. may be issued by the prosecutor in like manner, 
 and so on until the defendant has yielded himself to custody, 
 where he shall remain without bail or mainprize as if he had 
 been taken on the original writ. 
 
 Articles of the Peace. 
 
 Rule 280. An application for leave to exhibit articles of the Application 
 peace in the Queen's Bench Division, and for an attachment e xhi it ° t0 
 thereon, shall be made ex parte to a Divisional Court by motion 
 for an order absolute in the first instance. 
 
 Rule 281. Upon the motion being made the exhibitant shall Exhibitantto 
 be sworn or affirmed to the truth of the articles by the Alaster ^ e s "^ oni m 
 in Court, and the articles shall then be handed in and read 
 by him. 
 
 Rule 282. The writ of attachment shall be issued from the Writ of 
 Crown Office, and may be directed to the sheriff of any county atta( ^ nm ent. 
 .in which the defendant may be found, and shall be made 
 returnable on a day certain. 
 
 Rule 283. After the return day on application at the Crown Order to 
 Office the prosecutor may obtain an order to return the writ. return writ. 
 
 Rule 284. On a return of " non est inventus" the subsequent Proceedings 
 proceedings shall be the same as provided by the rules on on return of 
 attachment for contempt up to capture. inventus.
 
 46 
 
 GENERAL PRACTICE. 
 
 Habeas corpus 
 on return of 
 eepi corpus. 
 
 Motion for 
 security for 
 the peace. 
 
 Mitigation. 
 
 The recog- 
 nizance. 
 
 Bringing up 
 defendant 
 upon finding 
 bail. 
 
 Certiorari to 
 
 remove 
 
 articles. 
 
 Application 
 by defendant 
 for certiorari. 
 
 Proceedings 
 on the 
 argument. 
 
 Eule 285. On a return of cepi corpus, an order for the issuing 
 a writ of habeas corpus to bring in the body may be obtained by 
 the prosecutor by application at the Crown Office. 
 
 Eule 286. On the sheriffs bringing in the body counsel may 
 move that the defendant be ordered to find security for the 
 peace. 
 
 Eule 287. On the motion for security the articles must be 
 read in the presence of the defendant in Court, and the 
 defendant may file affidavits in mitigation and be heard by 
 himself or counsel upon them, or upon the articles, but may not 
 contradict the truth of the matters stated in the articles. 
 
 Eule 288. The amount and conditions of the recognizance 
 and period during which the security shall extend must be 
 settled by the Court itself, and if the defendant is unable to 
 find bail the prosecutor must draw up an order for his com- 
 mittal to the Queen's prison until he finds the required bail. 
 
 Eule 289. Upon finding the required bail the defendant, on 
 application on his behalf at the Crown Office, may obtain an 
 order to bring up the defendant either before the Court or a 
 judge at chambers to enter into the recognizance and obtain 
 his discharge. 
 
 Eule 290. To remove articles of the peace originally exhibited 
 at the assizes, or sessions of the peace, in order that an attach- 
 ment may be issued upon them, an order for a writ of certiorari 
 as of course may be obtained by the prosecutor on application at 
 the Crown Office. 
 
 Eule 291. An application on behalf of a defendant for a writ 
 of certiorari to remove articles of the peace originally exhibited 
 at the assizes or sessions of the peace to quash the articles, and 
 if the defendant be in custody for a writ of habeas corpus to 
 bring up and discharge him or his recognizance, shall be made 
 to a Divisional Court by motion for an order nisi. 
 
 Eule 292. On the argument of the order the Court will either 
 discharge the defendant and his recognizance or commit him to 
 the Queen's prison until he find the required bail as if the 
 articles had been originally exhibited in the Queen's Bench 
 Division.
 
 ISSUE OF WARRANTS AND EXECUTION OF WRITS. 47 
 
 Procedure generally as to the Issue of Warrants and Execution 
 
 of Writs. 
 
 " When a writ is directed to the sheriff it should, after it has Delivery of 
 been issued, be taken to the sheriff or deputy sheriff's office, with ^ecut^jn 
 instructions to give a warrant for its execution to the officer, if 
 any, whom you wish to execute it. In a county paiatine writs 
 are delivered to the sheriff in the same way as in other counties. 
 It is no part of the duty of a sheriff's officer to receive writs for 
 execution from the parties, and a clerk of the sheriff's officer has 
 no authority to receive a writ." 14th ed. Chit. Archb. Practice 
 of the Queen's Bench, p. 807 ; and see authorities there quoted 
 as to a solicitor's liability to the sheriff for giving wrong direc- 
 tions, whereby goods of a third person are seized. The above 
 mode of delivery of writs for execution also applies to writs on 
 the Crown side. 
 
 To further quote the above work — " The sheriff himself, when The wan-ant. 
 the writ is directed to him, may personally execute it, and so 
 may his under-sheriff, without warrant ; but to enable any other 
 party to do so, there must be a warrant directed to him from the 
 sheriff for that purpose. The warrant is an order from the Contents of 
 sheriff to his officer to execute the writ, so that the sheriff may warrant - 
 obey the order of the Court as contained in it. It would seem 
 that the warrant should be in writing. The person to whom 
 this warrant is directed is in general a bound bailiff, that is, a 
 bailiff usually bound with sureties in an obligation for the due 
 execution of his office. But it may be directed to a special 
 baliff nominated by the execution creditor or his solicitor. The 
 warrant should be directed to the officer who is to execute the 
 writ ; but it seems that it may be directed to the chief bailiff 
 of a liberty and his deputies, as there may be known deputies 
 within the franchise, and the sheriff may make them his bailiffs 
 without further describing them. A variance between the writ 
 and warrant will not, it seems, affect the validity of the execu- 
 tion of the writ. The warrant need not specify the Court out 
 of which the writ issued." A sheriff should not issue blank Should not be 
 warrants, and the warrant should not be altered after it is issued. noStered* 1 * 
 " The sheriff must not make out the warrant until he has the after issue - 
 writ in his actual possession. If he does, and the writ be exe- made before 
 
 cuted, he will be subject to an action, and the execution will be shci ? ff ^ as 
 .. . ' received writ. 
 
 invalid. The warrant should be delivered to the officer to whom 
 it is directed. It may be delivered to him on a Sunday. He
 
 48 
 
 GENERAL PRACTICE. 
 
 Party named 
 in warrant 
 should 
 execute the 
 writ. 
 
 "Writ when, 
 where, and 
 how executed, 
 when directed 
 to sheriff. 
 
 When 
 executed. 
 
 is not justified in executing the writ before the warrant is 
 delivered to him." 
 
 " The officer named in the warrant should execute the writ. 
 It is not necessary, however, that the officer to whom the warrant 
 is directed should be the person who actually executes the writ, 
 or even be within sight when it is executed ; but he must be 
 acting in its execution ; he cannot go upon another business, or 
 stay at home and send a third person to execute it." (See 
 forms of warrant under the various writs.) 
 
 "It is the duty of the sheriff to execute the writ when directed 
 to him within a reasonable time after he receives it for execu- 
 tion, and if he omits doing so an action may be maintained 
 against him by the party suing out the writ ; but in order to 
 sustain such action in the case of fi. fa., actual damage arising 
 from the neglect must be proved. In the case of ca. sa., it 
 appears such action would lie without any proof of actual 
 damage (a). The sheriff is also liable to attachment if he omit 
 to execute the writ. If the sheriff has several writs in his hands 
 against the same person, he is bound to execute them all, giving 
 priority to each in the order in which they came into his hands." 
 (See also " Writ of Fieri Facia* " and " Writ of Elegit," post, 
 pp. 63, 113.) "But though the sheriff has a reasonable time 
 for executing the writ, that does not excuse him in refusing to 
 execute it when he has the opportunity, if required to do so, 
 and nothing occurs to prevent him ; and therefore, for such a 
 refusal, an action may also be supported against him. The 
 writ, when directed as above, may be executed at any time 
 before it is returnable, and while it is in force." (As to how 
 long a Avrit of execution remains in force, see R. of S. C. 1883, 
 Ord. XLII. rr. 20 and 21, ante, pp. 25, 26.) "If the writ be 
 made returnable on a particular day, it may be executed at any 
 time of such day." (As to the time when it may be executed, 
 see under titles " Writ of Fieri Facias " and " Arrest," post, 
 pp. 62, 176.) " If a bailiff execute a writ before it comes to 
 the sheriff's hands, or before the warrant is made on it, the bailiff 
 is a trespasser. The sheriff should not execute the writ after 
 it has been countermanded, otherwise he will be liable in 
 trespass" (b). 
 
 (a) But according to the same authority (14 Chit. Archb.) actual 
 damage must be proved in the case of an order to arrest. 
 
 (6) Moreover, notice from the plaintiff's solicitor to the bailiff charged
 
 PROCEDURE AGAINST SHERIFFS, ETC. 49 
 
 Procedure against Sheriffs, &c. for not Executing Writs. 
 
 " It seems clear in the general reason of the law — which Procedure 
 gives all Courts of Record a kind of discretionary power over B heri£fe, &o. 
 all abuses by their own officers in the administration or execu- ior not ex ?" 
 
 f cutmg writs. 
 
 tion of justice, which bring a disgrace on the Courts themselves, 
 as not taking sufficient care to prevent them — that, whenever it 
 shall appear that any such officers have been guilty of any 
 corrupt practice in not serving any writ — as where they refuse to 
 do it unless paid an unreasonable gratuity from the plaintiff, 
 or receive a bribe from the defendant, or give him notice to 
 remove his person or effects in order to prevent the service of 
 any writ — the Court which awarded it may punish such offences 
 
 in such manner as shall seem proper by attachment, &c 
 
 But if there neither appears to be any palpable corruption in 
 the case nor particular obstinacy, as by disobeying a special rule 
 of the Court in relation to the service of such writ, nor other 
 extraordinary circumstance of wilful negligence, the judgment 
 whereof is to be left to the discretion of the Court, it seems not 
 to be usual to grant an attachment in such cases, but to leave 
 the party to his ordinary remedy against the officer." Hawkins' 
 Pleas of the Crown, vol. 2, c. 22, s. 2. 
 
 As to the sheriff's liability for delay in putting a writ of Sheriff's lia- 
 execution in force, see Clifton v. Hooper, 6 Q. B. 468 ; 14 L. J. delay in exe- 
 Q. B. 1 ; Hughes v. Bees, 4 M. & TV. 468 ; White v. Chappie cuti »s ™it. 
 and Others, 4 C. B. 628 ; 16 L. J. C. P. 233 ; Jupp v. Cooper, 
 5 C. P. D. 26; Chapman v. Maddkon, 2 Str. 1089; Reg. v. 
 Sheriff of Corn wall, in Hemming v. Tremera, 7 D. P. C. 606, and 
 Wilton v. Chambers, 1 H. & TV. 582 ; see also In re Bryant, 4 
 Ch. D. 98 ; Ex parte Langley, Ex parte Smith, In re Bishop, 13 
 Ch. D. 110 ; and Rex v. Middlesex {Sheriff ), 1 D. P. C. 53. A 
 sheriff who has exercised reasonable diligence in the execution 
 of a writ is not, however, liable to an action because he did not 
 use extraordinary exertion, or provide against an unexpected 
 and unforeseen contingency. Hodgson v. Lynch, 5 Ir. R. C. L. 
 353, C. P. 
 
 Moreover, so long as a judgment exists it protects those who 
 
 with a warrant under a ca. sa. that it is withdrawn is sufficient to render 
 the latter liable for an arrest; and, semble, is notice to the sheriff (Futcher 
 v. Hinder, 28 L. J. (N. S.) Exch. 28 ; 3 H. & N. 757). 
 
 M. E
 
 50 GENEEAL PRACTICE. 
 
 seize the property under an execution founded on it, and if the 
 judgment and execution are set aside no action can be main- 
 tained against the sheriff for anything he did under such 
 judgment while it remained in existence. Ives v. Lucas, 1 C. & 
 P. 7. 
 
 And see under title "Appointment of Sheriff and his Officers 
 (Bailiffs and Franchises)," ante, pp. 13, 18, and under title 
 " Liability and Eights of Sheriff and Remedies against Sheriff," 
 post, pp. 493 et seq.
 
 Chapter IV. 
 
 51 
 
 WRIT OF FIERI FACIAS. 
 
 Introductory - 
 
 Forms of Writ - 
 
 Indorsements on the Writ of Execution 
 
 Warrant ----- 
 
 Time of Execution - - - - 
 
 Place of Execution - - - - 
 
 Several Writs — Priority of Execution 
 Concurrent Writs ------ 
 
 Successive Writs - - - - 
 
 Seizure ------ 
 
 What Seizable and not Seizable 
 
 (1 
 (2 
 (3 
 (4 
 
 (5 
 (6 
 (7 
 (8 
 
 (9 
 (10 
 
 (11 
 (12 
 (13 
 (14 
 (15 
 (10 
 (17 
 (18 
 (19 
 
 Goods of Ambassadors - 
 
 Money, Bank Notes, 8fc. - - - - 
 
 Aetna/ Necessaries under 5/. - 
 
 Soldiers' Accoutrements - 
 
 Pail/ray Polling Stock - 
 
 Goods on Hire ------- 
 
 Goods in Possession of Debtor as Bailee - 
 Debtors' Goods in Pledge - - - - 
 
 Pawnbroker* Interest in Pledges - - _ 
 
 Goods in Possession of Debtor in Peprescntati 
 Capacity ------ 
 
 Z&w _______ 
 
 Shipping Property ----- 
 
 Farming Stock ------ 
 
 Fixtures ------- 
 
 Goods soA/ /;// Execution Debtor prior to Seizure 
 
 Leasehold Interest - 
 
 Equity of Redemption - - - - - 
 
 Partnership Property- - 
 
 Goods of Married Women - - - - 
 
 PAGE 
 
 - 52 
 
 - 53 
 
 - 57 
 
 - 61 
 
 - 62 
 
 - 63 
 
 - 63 
 
 - 65 
 
 - 66 
 
 - 66 
 
 - 70 
 
 - 71 
 
 - 71 
 
 - 73 
 
 - 73 
 
 - 73 
 
 - 73 
 
 - 73 
 
 - 73 
 
 ve 
 
 Stay of Execution 
 
 74 
 75 
 75 
 76 
 76 
 76 
 78 
 78 
 79 
 7!) 
 80 
 
 e2
 
 52 WEIT OF FIERI FACIAS. 
 
 PAGE 
 
 Death of Parties - 81 
 
 Withdrawal from Possession - 81 
 
 Incidental to Seizure -------82 
 
 Duties of Sheriff on receipt of Notice of Receiving Order - 83 
 
 Sale - 84 
 
 Reporting Result of Execution, Return, and accounting for 
 
 Proceeds --------- 87 
 
 Forms of Return - 94 
 
 Fees 98 
 
 Introductory. 
 
 The writ of fieri facias is a writ of execution against the goods 
 and chattels of the party against whom the judgment is 
 recovered, and is the first of the writs of execution enumerated 
 in Ord. XLII. r. 8 of the Eules of Supreme Court, 1883. 
 See Ord. XLII., especially Rules 8 and 17, and the Crown 
 Office Rules, 1886, r. 224, in the preceding Chapter; and see 
 also 13 Edw. I. (Writ Sec), st. 1, c. 18. It derives its name 
 from the words of the writ " quod fieri facias de bonis" and 
 directs the sheriff to levy on the goods and chattels of the 
 judgment debtor. It therefore differs from the writ of elegit, 
 under which the sheriff takes the lands and hereditaments of 
 the judgment debtor, as to which, see %)ost, p. 99. 
 Issue of more The execution creditor is entitled, under Ride 224, Crown 
 an one wn . Qfg ce R u i eS) 1886, to issue more than one writ of fi.fa., and so 
 may issue writs to the respective sheriffs of different counties 
 concurrently ; but he must be careful to avoid double execution 
 (Lee v. Dangar, [1892] 1 Q. B. 231 ; affirmed 8 T. L. R. 494; 
 [1892] 2 Q. B. 337 ; 61 L. J. Q. B. 780 ; 66 L. T. 548 ; 40 
 W. R. 469 ; 56 J. P. 678) ; and see the subject discussed post, 
 p. 63, under the sub-heading " Several Writs." 
 Separate writs It will be observed that Rule 18 of Ord. XLII. provides that 
 for fobt^and " Upon an y judgment or order for the recovery or payment of 
 costs. a sum of money and costs, there may be, at the election of the 
 
 party entitled thereto, either one writ or separate writs of 
 execution for the recovery of the sum and for the recovery of 
 the costs, but a second writ shall only be for costs, and shall be 
 issued not less than eight days after the first writ." The object 
 of this rule appears to be to enable the judgment creditor to 
 issue execution immediately after obtaining judgment, without
 
 INTRODUCTORY. 53 
 
 waiting for taxation of costs. Harris v. Jewell, "W. N. (1883) 
 216. 
 
 The writ should be delivered to the sheriff for execution, and 
 not to the sheriff's officer, as it is no part of the duty of the 
 latter to receive writs. Triminger v. Keen, "W. N. (1882) 106, 
 before Jessel, M. R., and Lindley, L. J. 
 
 Rule 15 of Ord. XLII. enables the party entitled to execution Expenses of 
 
 , i i f i <• i' j execution. 
 
 to levy poundage, tees, and expenses ot execution over and. 
 above the sum recovered. Bee post, under the heading "Sheriff's 
 Fees, &c." 
 
 Rules 20 and 21 provide for renewal of writ. See ante, Renewal of 
 p. 25. Sheriffs must be careful not to execute writs more 
 than a year old without evidence of renewal. 
 
 By Rule 22, "As between the original parties to a judgment Execution to 
 
 , .. . . ,. ..,.. P issue within 
 
 or order, execution may issue at any time witnm six years irom s i x years. 
 the recovery of the judgment, or the date of the order " (a). 
 
 Rule 14 requires every writ to bear date of the day on which Date of writ, 
 it is issued. 
 
 Forms of Writ. 
 
 1. Writ of Fieri Facias (Form No. 1, App. H. of E. S. C. 1883). 
 
 18 . [Here put the letter and number.'] 
 In the High Court of Justice, 
 Division. 
 
 Between A. B Plaintiff, 
 
 and 
 
 CD Defendant. 
 
 Victoria, by the grace of God, of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith. 
 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 the sum of £ , and also in- 
 
 terest thereon at the rate of £ per centum per annum from 
 
 the day of , which said sum of money and interest were 
 
 lately before us in our High Court of Justice in a certain action [or 
 certain actions, as the case may be], wherein A. B. is plaintiff and 
 C. D. defendant [or in a certain matter there depending intituled 
 "In the matter of E. F.," as the case may be], by a judgment [or 
 order, as the case may be] of our said Court, bearing date the 
 day of , adjudged or ordered, as the case may be] to be paid 
 
 by the said C. D. to A. B., together with certain costs in said judg- 
 ment [or order, as the case may be] mentioned, and which costs have 
 been taxed and allowed by one of the taxing officers of our said 
 Court at the sum of £ , as appears by the certificate of the said 
 
 (a) There is a similar provision in Rules 220 and 227 of the Crown Office 
 Rules, 1886.
 
 54 WEIT OF FIERI FACIAS. 
 
 taxing officer, dated the day of . And that of the goods 
 
 and chattels of the said C. D. in your bailiwick you further cause 
 to be made the said sum of £ [costs], together with interest 
 
 thereon at the rate of £4 per centum per annum from the day 
 
 of , and that 3 r ou have that money and interest before us in 
 
 our said Court immediately after the execution hereof to be paid to 
 the said A. B. in pursuance of the said judgment \_or order, as the 
 case may be']. And in what manner you shall have executed this our 
 writ make appear to us in our said Court immediately after the 
 execution "thereof, and have there then this writ. 
 "Witness, &c. 
 
 2. Fieri Facias on Judgment removed from Lord Mayor 's Court (Form 
 No. 15, App. H. of E. S. C. 1883). 
 
 [Heading as in Form 1.] 
 
 Victoria, by the grace of Cod, &c. To the Sheriff of 
 greeting : 
 
 Whereas by the judgment of the Mayor's Court of London, signed 
 on the day of , 18 , it has been adjudged that the said 
 
 recover against the said £ and £ costs. 
 
 And whereas by the Mayor's Court of London Procedure Act, 1857, 
 any writ of execution upon the final judgment obtained in the 
 Mayor's Court is directed to be sealed in any of the Superior Courts, 
 and it is declared that thereupon such writ of execution or judgment 
 shall become and be of the same force, charge, and effect as a writ 
 of execution or judgment recovered in such superior Court, and that 
 all the reasonable costs and charges attendant upon such sealing shall 
 be recovered in the same manner as if the same were part of such 
 judgment. 
 
 And whereas the costs attendant upon sealing the writ of execution 
 herein in our High Court of Justice have been allowed at the sum 
 of £1 : 6s. Od. 
 
 Therefore we command you, that of the goods and chattels of the 
 said in your bailiwick, you cause to be made the said several 
 
 sums, with interest thereon, at the rate of £4 per centum per annum, 
 from the said day of , 18 , and that you have that 
 
 money and interest before us in our said Court immediately after 
 the execution hereof, to be rendered to the said . And in 
 
 what manner you shall have executed this our writ make appear to 
 us in our said Court immediately after the execution hereof, and 
 have there then this writ. 
 
 Witness, &c. 
 
 Levy £ and £ for costs of execution, &c, and also 
 
 interest on £ at £4 per centum per annum from the 
 
 day of , 18 , until payment; besides sheriff's poundage, 
 
 officer's fees, costs of levying, and all other legal incidental 
 expenses (b). 
 
 This writ was issued by of , agent for , solicitor 
 
 for the 
 
 The is a and resides at in your bailiwick. 
 
 (b) As to "incidental expenses," see Hutchinson v. Humbert, 10 L. J. 
 (N. S.) Exch. 413 ; 8 M. & W. 638 ; 1 Dowl. P. C. (N. S.) 78.
 
 FORMS OF WRIT. 00 
 
 3. Writ of Fieri Facias on Order for Costs (Form No. 138 of 
 
 C. 0. E. 1886). 
 
 Victoria, by the grace of God, &c. To the Sheriff of 
 greeting : 
 
 We command you that of the goods and chattels of A. B. in your 
 bailiwick, you cause to be made the sum of £ for certain costs 
 
 which by an order of the Queen's Bench Division of Our High Court 
 of Justice, dated the day of , 18 , were ordered to be 
 
 paid by to , and which have been taxed and allowed at 
 
 the said sum, as appears by the allocatur of one of the taxing 
 masters, together with interest on the said sum at the rate of £4 
 per centum per annum from the day of , 18 (c), and 
 
 that you have the said money before Us in Our said Court imme- 
 diately after the execution hereof to be rendered to the said 
 for his costs as aforesaid. And how you shall have executed this Our 
 writ then and there make known to Us in Our said Court immediately 
 after the execution thereof, and have then there this Our writ. 
 
 Witness, &c. 
 
 (7o be indorsed.') 
 
 Levy £ and £ for costs of execution, &c, and also 
 
 interest on £ at £4 per centum per annum, from the 
 
 day of , 18 , until payment, besides sheriff's poundage, 
 
 officer's fees, costs of levying and all other legal incidental expenses. 
 
 This writ was issued by M. N., of L., agent for Gr. H., of Y., 
 solicitor for who resides at 
 
 The within-named A. B. is a , and resides at in your 
 
 bailiwick. 
 
 4. Writ of Fieri Facias on Judgment with Order for Costs (d) (Form 
 
 No. 139, C. 0. E. 1886). 
 
 Victoria, by the Grace of God, &c. To the sheriff of greeting : 
 We command you that of the goods and chattels of in 
 
 your bailiwick you cause to be made the sum of , and also 
 
 interest thereon, at the rate of £4 per centum per annum from 
 the (c) day of ,18 , which said sum of money and 
 
 interest were lately before Us, in the Queen's Bench Division of 
 Our High Court of Justice, in a certain (e) wherein A. B. is 
 
 the prosecutor [or as the case may be~] and C. D. the defendant, by 
 a (/) of Our said Court, bearing date the day of , 
 
 18 (g), to be paid by the said to for costs in the 
 
 said (/) mentioned, and which costs have been taxed and 
 
 allowed at the sum of , as appears by the allocatur of one of 
 
 the taxing-masters, dated the day of , 18 . And that 
 
 you have that money and interest before Us in Our said Court 
 
 (c) Date of judgment or order. 
 
 ('/) This writ must be so moulded as to follow tho substanco of the 
 order or j udgment. 
 
 (e) Indictment, information (in the nature of a quo warranto), action 
 of mandamus, or matter there depending, intituled "In the Matter of," 
 &c, or as the case may be. 
 
 (/) "Judgment" or "order." 
 
 (g) "Adjudged," " awarded," or " ordered."
 
 56 WRIT OF FIERI FACIAS. 
 
 immediately after tile execution hereof, to be paid to the said 
 
 in pursuance of the said (h) . And in what manner you shall 
 
 have executed this Our writ, make known to Us in Our said Court 
 
 immediately after the execution thereof. And have there then this 
 
 writ. 
 
 Witness, &c. 
 
 [Indorsement as in No. 3.) 
 
 5. Writ of Fieri Facias on an Order of Quarter Sessions removed into 
 the Crown Side of the Queen's Bench Division (Form No. 140, 
 C. 0. B. 1886). 
 
 Victoria, by the Grace of God, &c. 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 the sum of (£50) for certain costs 
 which, by an order of the general quarter sessions of the peace 
 holden in and for the said county of on the day of 
 
 made in a certain appeal, wherein A. B. was appellant, and the said 
 C. D. was respondent, were adjudged to be paid by the said C. D. 
 to the said A. B., and which order of quarter sessions was after- 
 wards, on the day of , removed into the Queen's Bench 
 Division of Our High Court of Justice by virtue of an order of the 
 Honourable Mr. Justice , made the day of , 1 8 , 
 in pursuance of the statute in such case made and provided, and the 
 costs attendant upon the application for the said last-mentioned 
 order, and upon the said removal were, on the day of , 
 18 , taxed and allowed at the sum of (£9), as appears by the 
 allocatur of one of the taxing masters dated the day of , 
 1 8 . And We further command you that of the goods and chattels 
 of the said C. D. in your bailiwick you further cause to be made 
 the said sum of (£9) together with interest at the rate of £4 per 
 centum per annum from the said day of (7), and that 
 you have that money and interest before Us in Our said Court imme- 
 diately after the execution hereof, to be paid to the said A. B. in 
 pursuance of the said orders. And in what manner you shall have 
 executed this Our writ make known to Us in Our said Court imme- 
 diately after the execution thereof, and have then there this writ. 
 Witness, &c. 
 
 6. Writ of Fieri Facias for a Fine (Form No. 145, C. 0. E. 1886). 
 
 Victoria, by the Grace of God, &c. To the sheriff of greeting : 
 We command you that of the goods and chattels, lands and tene- 
 ments of A. B. , you cause to be levied pounds, imposed upon him 
 in the Queen's Bench Division of Our High Court of Justice before 
 him for his fine, for certain whereof he is impeached (or 
 indicted), and thereupon, by a certain jury of the country (or by 
 his own default, or confession), he stands convicted, as in Our Court 
 before Us it appears upon record. And that you have the said 
 
 h) " Judgment " or " order. 
 i) The date of the order.
 
 FORMS OF WRIT. 57 
 
 money before Us in Our said Court immediately after the execution 
 thereof to satisfy Us for the said fine, and that you then have 
 there this writ. 
 Witness, &c. 
 
 7. Writ of Fieri Facias against a Married Woman (J). 
 
 Victoria, &c. 
 
 We command you that of tho goods and chattels of A. B. (being 
 her separate property not subject to any restriction against antici- 
 pation as hereinafter mentioned) in your bailiwick, you cause to be 
 made the sum of £ and £ costs, and also interest thereon 
 
 at the rate of £ per centum per annum from the \_date of 
 
 judgment], winch said sums of money and interest were lately before 
 Us in Our High Court of Justice in a certain action \_or matter] 
 there depending, wherein \_partie£ names] by a judgment of Our 
 said Court bearing date the , adjudged to be paid by the said 
 
 A. B. to out of her separate property not subject to any 
 
 restriction against anticipation (unless by reason of section 19 of 
 the Married Women's Property Act, 1882, the property should be 
 liable to execution notwithstanding such restriction), and that you 
 have that money, &c. [_as in the first Form~\. 
 
 Indorsements on the Writ of Execution. 
 
 Under the Statute of Frauds (29 Car. II. c. 3), sect. 16, it is Sheriff, &c. to 
 the duty of the sheriff, under-sheriff, and coroners, and their ^^datTof 
 deputies and agents, upon the receipt of any wait of execution delivery, 
 (without fee for doing the same), to indorse upon the back 
 thereof the day of the month and year whereon they received 
 the same. The reason for this enactment is that the writ binds 
 the goods of the debtor from the date of its delivery to the 
 sheriff for execution. 
 
 For the same reason, sect. 10, sub-sect. 1, of the Sheriffs Act, Sheriff to give 
 1887 (50 & 51 Vict. c. bb), further provides that "a sheriff, at SSJ&S 
 the request of a person delivering a wait to him for execution, quired, 
 shall give a receipt for that writ, stating the day of its 
 delivery." 
 
 To enable sheriffs and their officers to ascertain whether writs 
 delivered to them for execution are regular on the face of them, 
 
 (j) The form of this writ, for which the author is indebted to the 
 Annual Practice for 1891, is drawn up from the form of judgment settled 
 by the Court of Appeal in Scott v. Mark >i. 20 Q. B. D. 132; 57 L. J. Q. B. 
 43 ; 57 L. T. 919 ; 36 W. E. 07 : b2 J. P. 230.
 
 58 
 
 WEIT OF FIEEI FACIAS. 
 
 Indorsement 
 on writ of 
 execution. 
 
 Amount of 
 money and 
 interest to be 
 recovered to 
 be indorsed. 
 
 Liability of 
 execution 
 creditor and 
 bis solicitor 
 for mistake in 
 filling - up 
 indorsement. 
 
 the Rules of the Supreme Court dealing with the indorsements 
 are set out, but, except as to indorsing the date of delivery, it is 
 no part of the duty of a sheriff or his officers to add to, alter, or 
 amend the writ or its indorsements in any way whatever. 
 
 By Eule 13 of Ord. XLIL, " Every writ of execution shall 
 he indorsed with the name and place of abode or office of 
 business of the solicitor actually suing out the same, and when 
 the solicitor actually suing out the writ shall sue out the same 
 as agent for another solicitor, the name and place of abode of 
 such other solicitor shall also be indorsed upon the writ ; and in 
 case no solicitor shall be employed to issue the writ, then it shall 
 be indorsed with a memorandum expressing that the same has 
 been sued out by the plaintiff or defendant in person, as the 
 case may be, mentioning the city, town, or parish, and also the 
 name of the hamlet, street, and number of the house of such 
 plaintiff's or defendant's residence, if any such there be." By 
 Rule 14, " Every writ of execution shall bear date of the day 
 on which it is issued." By Rule 16, " Every writ of execution 
 for the recovery of money shall be indorsed with a direction to 
 the sheriff, or other officer or person to whom the writ is 
 directed, to levy the money really due and payable and sought 
 to be recovered under the judgment or order, stating the amount, 
 and also to levy interest thereon, if sought to be recovered, at 
 the rate of 41. per cent, per annum from the time when the 
 judgment or order was entered or made ; provided that, in cases 
 where there is an agreement between the parties that more than 
 41. per cent, interest shall be secured by the judgment or order, 
 then the indorsement may be accordingly to levy the amount of 
 interest so agreed." 
 
 A/?, fa., whereby the sheriff is directed to levy a sum different 
 in amount from that mentioned in the judgment, although 
 smaller, is irregular, unless the reason of the variance is shown 
 on the face of the writ. Webber v. Eutchins, 8 M. & W. 319 ; 
 1 D. N. S. 95. 
 
 The date from which the interest runs must be filled in. As 
 to what is the proper date, see Bomell v. Coaks, 57 L. J. Ch. 
 101 ; Pt/man v. Burt, "W. N. (1884) 100. 
 
 It is desirable that the writ should also be indorsed with a 
 description of the judgment debtor and his place of abode. It 
 is the duty of the solicitor for the judgment creditor to fill up 
 the form in this respect ; should he do so incorrectly, and 
 thereby mislead the sheriff, he and his client will be liable for
 
 INDORSEMENTS ON TTIE WRIT OF EXECUTION. 59 
 
 the consequences. In Lee v. Rumilly (55 J. P. 519; 7 T. L. R. 
 303), Kay, L. J., said that it was quite settled that it was the 
 duty of the execution creditor to fill up the indorsement form 
 attached to the writ, and that for any mistake in filling up the 
 indorsement, which misled the sheriff, where the mistake was 
 made by the solicitor of the execution creditor, not only the 
 solicitor, but the execution creditor, was liable. But it is no 
 part of the solicitor's duty to interfere with the sheriff in the 
 performance of his duty, as, for example, by giving verbal 
 directions, or directions as to the ownership of particular goods, 
 and for such conduct on the part of the solicitor, his client will 
 not be held responsible, unless he has expressly authorized it. 
 Smith v. Keal, 9 Q. B. D. 340. "Now, it is clear it is no part 
 of his (/. e., the solicitor's) duty to interfere with the sheriff in 
 the performance of his duty. It is the sheriff's duty to levy 
 execution on the goods of the judgment debtor. If, therefore, 
 the solicitor interferes, and directs the sheriff to levy on the 
 goods of another person, he is answerable on the same principle 
 as anyone else who directs a trespass. Though the sheriff is 
 an officer of the law, he is liable if he commits a trespass, and 
 anyone who joins in the trespass is equally liable." Per 
 Jessel, H. R., at p. 351 of the report of Smith v. Keal, 9 
 
 a b. d. 
 
 In all cases, whether the solicitor and his client are liable or 
 not, the sheriff is liable for any trespass he may commit, unless 
 he protects himself by interpleader proceedings, as to which see 
 under title " Interpleader," post, p. 378. 
 
 The following cases bear upon this subject : — 
 
 Father and son bore the same name, and &fi.fa. was issued 
 against the son, without the addition of the words " the 
 younger." The sheriff levied on the goods of the father, who 
 brought an action for trespass against the sheriff and the judg- 
 ment creditor. It was held that, though the father was prima 
 far io intended, such prima facie intendment might be rebutted, 
 and the sheriff made liable by showing that the judgmeut was 
 obtained, and the writ issued, against the son, and further that 
 the judgment creditor was liable, his attorney having wrongly 
 indorsed the writ. Jarmain v. Hooper, 7 Scott, N. R. G63 ; 1 
 D. & L. 769 ; 13 L. J. C. R. 63. 
 
 A. lodged with the sheriff aji.fa., in the indorsement of which 
 the execution debtor was described as of a place at which he 
 carried on business in partnership with others. Held, that by
 
 60 WRIT OF FIERI FACIAS. 
 
 the indorsement A. had directed the sheriff to levy on the goods 
 at that place. Lane v. Sterne, 10 W. R. 555. 
 
 The defendant issued execution against one Law, and delivered 
 the writ to the sheriff, whose officer, doubting about the goods, 
 requested and obtained an interview with the managing clerk of 
 the defendant's solicitor. The latter informed the officer that 
 he believed Law had a share in a brewery, which was the address 
 indorsed on the writ, and that the officer had better seize there ; 
 he did so, and took goods belonging to the plaintiff, who brought 
 this action against the defendant, the judgment creditor, for 
 trespass. The plaintiff was nonsuited on the ground that the 
 managing clerk had no implied authority to give these instruc- 
 tions, and therefore that what he had done did not bind the 
 defendant. Smith v. Real, 9 Q. B. D. 340. 
 
 The defendant, having recovered judgment in an action 
 against one Gr. M. M., his solicitor, indorsed on a writ of fi. fa., 
 directing the sheriff to levy the amount of the judgment upon 
 the goods of Gr. M. M., a statement that the execution debtor 
 resided at a certain address, which, however, was not the address 
 of such execution debtor, but that of his father, Gr. M. The 
 sheriff seized the goods of Gr. M., the father. In an action 
 brought by Gr. M. against the defendant, the execution creditor, 
 in respect of such seizure, the jury found that the sheriff seized 
 the goods of the plaintiff instead of those of Gr. M. M., the son, 
 because he was misled by the direction he received from the 
 solicitor of the defendant. Held, that upon such finding the 
 defendant was liable in respect of the wrongful seizure of the 
 goods. Morns v. Salberrj, 22 Q. B. D. 614. 
 
 The defendant having recovered judgment against Mrs. C, 
 his solicitor indorsed on a writ oifi.fa. a statement that Mrs. 0. 
 resided at a certain address. The address, however, was really 
 that of the plaintiff, whose business Mrs. C. managed. The 
 sheriff having seized the plaintiff's goods at the address given, 
 the defendant was held liable. Lee v. Bit mil///, 7 T. L. R. 303 ; 
 55 J. P. 519. 
 
 The defendant having recovered judgment against R. C, 
 directed the sheriff to levy the amount on the goods of R. C. at 
 his place of business. Before the judgment R. C. had by bill 
 of sale assigned these goods to the plaintiff as security for money 
 lent. The sheriff seized the goods, and on an interpleader issue 
 it was found that some of the goods belonged to R. C. In an 
 action for trespass to goods, it was held that, as there was nothing
 
 INDORSEMENTS ON THE WRIT OF EXECUTION. 61 
 
 untrue in the directions in the indorsement on the writ given 
 by the defendant to the sheriff so as to mislead him, the action 
 was not maintainable against the defendant. Condy v. Blaiberg, 
 7 T. L. K. 424 ; 55 J. P. 580. 
 
 If Childers v. Wookr (2 El. & E. 287 ; 29 L. J. Q. B. 129) 
 is inconsistent with Jarmam v. Hooper and Morris v. Salberg, 
 it must be considered as overruled, but it may, perhaps, be sup- 
 ported on other grounds. See per Lord Esher, M. R., in Morris 
 v. Salberg. And see under this head, Humphreys v. Pratt, 2 
 Dow. & CI. 288 ; 5 Bli. N. S. 154 ; in connection with which 
 see per Tenterden, C. J., Clark's Index, 306, and also Bowles 
 v. Senior. 8 Q. B. 677. 
 
 Warrant. 
 
 On receipt of a writ of fi. fa. the sheriff by warrant directs his Warrant to 
 officers to seize. l e i^ ed , on 
 
 Form of Wen-rant. 
 to wit: S. S., Esq., sheriff of the said county, to and 
 
 receipt of 
 writ. 
 
 my bailiffs, greeting : By virtue of a writ of our Sovereign Lady 
 the Queen to me directed and delivered, bearing date the day 
 
 of in the year of our Lord one thousand eight hundred and 
 
 , I command you and every of you jointly and severally that 
 of the goods and chattels of C. D. in my bailiwick you or one of 
 you cause to be made the sum of £ and also interest thereon at 
 
 the rate of £ per centum per annum from the day of 
 
 , IS , which said sum of money and interest were lately 
 before our said Sovereign Lady the Queen in her Majesty's High 
 Court of Justice in a certain action [or " certain actions," as the case 
 may be] wherein A. B. is plaintiff and C. D. is defendant, by a 
 judgment of the said Court bearing date the day of , 
 
 18 , adjudged to be paid by the said C. D. to A. B., together with 
 certain costs in the said judgment mentioned, and which costs have 
 been taxed and allowed by one of the taxing officers of the said 
 Court at the sum of £ , as appears by the certificate of the said 
 
 taxing officer dated : And I further command you that of 
 
 the goods and chattels of the said C. D. in my bailiwick you further 
 cause to be made the sum of £ [costs], together with interest 
 
 thereon at the rate of £ per centum per annum from the 
 
 day of , 18 [let all this follow the terms of the writ of fi.fa.~\, 
 
 so that I may have that money and interest before her said Majesty 
 in her High Court of Justice, immediately after the execution hereof, 
 to be paid to the said A. B. as required by the said writ, and that 
 you do all such things as by the statute passed in the second year 
 of the reign of Queen Victoria I am authorized and required to >1>> 
 this in this behalf. And in what manner you shall have executed
 
 62 WRIT OF FIERI FACIAS. 
 
 this warrant certify to me immediately after the execution hereof. 
 Hereof fail not. 
 
 Given under the seal of my office the day of , a.d. 
 
 By the sheriff. 
 
 (Seal of Office.) 
 
 Writ indorsed: Levy £ &c, [copying the indorsement on the 
 
 writ]. Before you levy on the goods and chattels of the defendant, 
 beware that he is not an ambassador, or servant to an ambassador, 
 or otherwise privileged or protected. 
 
 Time of Execution. 
 
 Time of By 29 Car. II. c. 7, s. 6, " No person or persons upon the 
 
 Lord's day shall serve or execute, or cause to be served or 
 executed, any writs, process, warrant, order, judgment, or decree 
 (except in cases of treason-felony or breach of the peace), but 
 the service of every such writ, process, warrant, order, judgment, 
 or decree shall be void to all intents and purposes whatsoever : 
 and the person or persons so serving or executing the same shall 
 be as liable to the suit of the party grieved, and to answer 
 damages to him for doing thereof, as if he or they had done the 
 same without any writ, process, warrant, order, judgment, or 
 decree at all." But where a ft. fa. had been executed on a 
 Sunday, and the execution had been abandoned the next day, it 
 was held that an entry on the following Thursday to execute a 
 distress warrant was not invalid. Percival v. Stamp, 9 Ex. 167 ; 
 23 L. J. Exch. 25, per Parke, B. " The same rule does not 
 apply to the case of a sheriff seizing goods after an illegal entry 
 as holds with respect to a sheriff who, in the first instance, 
 arrests a party illegally and then detains him under a legal 
 warrant." 
 
 Whilst a landlord can only distrain during the daytime, 
 there is no such limitation imposed with respect to the sheriff. 
 Brown v. Glenn, 10 Q. B. 254, per Lord Campbell, C. J., 20 L. J. 
 (N. S.) Q. B. 205. 
 
 A writ may be executed the day it is returnable, but not 
 after. Parkins v. Wollaston, 6 Mod. 130 ; and see Maud v. 
 Barnard, 2 Burr. 812. 
 
 A sheriff's officer, having a ft. fa. against A., called at his 
 house when he was from home, waited till he returned, and 
 then informed him of his business : — Held, that there was
 
 PLACE OF EXECUTION. 63 
 
 sufficient evidence to warrant the jury in finding that the writ 
 was executed at the time of the officer's entry. Bird v. Bass, 
 6 Man. & Gk 143 ; 6 Scott, N. E. 928. 
 
 Place of Execution. 
 
 It is the duty of the sheriff to levy on the goods of the debtor Place of 
 wherever found within his bailiwick. This word was introduced x .° u * "' 
 by the princes of the Norman line in imitation of the French, "bailiwick." 
 whose country is divided into bailiwicks, as that of England into 
 counties. It bears the same meaning. See Blackstone, Bk. I., 
 c. 9. 
 
 Detached parts of counties are to be treated as parts of the 
 counties by which they are surrounded. 7 & 8 Yict. c. 61, s. 1. 
 
 Royal residences have the privilege of exemption from the Exemption of 
 execution of legal process. This privilege is based solely on the fences from 
 principle that the personal dignity and comfort of the Sovereign execution of 
 should not be interfered with ; and though actual personal ° 
 residence is not necessary to confer it, the privilege does not 
 extend to the precincts of a palace such as that of Hampton 
 Court, the occupation of which has been clearly and unequivocally 
 abandoned. Att.-Gen. v. Bakin, L. R. 4 H. L. 338; 39 L. J. 
 Ex. 113; 23 L. T. N. S. 1. 
 
 "With regard to franchises, see under title "Appointment of Franchises. 
 Sheriff and his Officers (Franchises, &c.)," ante, p. 18; and 
 sect. 34 of the Sheriffs Act, 1887 (50 & 51 Vict. c. 55). 
 
 Several Writs — Priority of Execution. 
 
 Where a sheriff has several writs issued by different creditors Priority of 
 against the same debtor, it is his duty to execute that writ first several'^vrrts. 
 which was first delivered to him, and when he has sold sufficient 
 to satisfy that writ, he should sell under the next in order, and 
 so on, as long as there are goods unsold. If there remain writs 
 unexecuted when all the goods are sold, he should pay the 
 amounts of the several writs in order of priority of time, and 
 make a return of nulla bona to the unsatisfied writs. AMrcd v. 
 Constable, 6 Q. B. 370 ; and In re Pearce, Ex parte Crossthicaife, 
 14 Q. B. D. 966 ; 54 L. J. Q. B. 316. 
 
 Seizure under one writ enures for the benefit of all (Jones v. 
 At/urton, 2 Marsh. 375; 7 Taunt. 56), provided that the sub-
 
 64 WRIT OF FIERI FACIAS. 
 
 sequent writs "were delivered into the sheriff's hands before he 
 sold the goods. Harrison v. Paynter, 6 M. & W. 387 ; 8 Dowl. 
 P. C. 349; 9 L. J. (N. S.) Ex. 169. 
 
 Where an attorney, acting for several plaintiffs in different 
 actions, delivered seven writs of fi. fa. to the sheriff in one 
 bundle at the same time : — Held, that the sheriff could not call 
 upon the plaintiffs or their attorney to say which writs were to 
 have priority. Semble, that a return to the effect that he had 
 received the writs at the same time, and had levied under all, 
 would be a good return. Ashworth v. The Earl of ITxbridge, 12 
 L. J. (N. S.) U. B. 39 ; 2 Dowl. N. S. 377. 
 
 Where two writs of fi. fa. against the same defendant are 
 delivered to the sheriff on different days, and no sale is actually 
 made of the defendant's goods, the first must have priority, 
 notwithstanding seizure be first made under the subsequent 
 execution. Hutchinson v. Johnston, 1 T. R. 729 ; 1 R. R. 380. 
 All feigned, The statute 13 Eliz. c. 5 enacts, inter alia, that all feigned, 
 
 fraudulent' covinous, and fraudulent judgments and executions, devised and 
 judgments contrived with intent to delay, hinder, or defraud creditors and 
 others, shall be, as against those persons, utterly void. Accord- 
 ingly, a fraudulent writ must be postponed to the next writ in 
 order of delivery. Bradley v. Windham, 1 Wils. 44. There is 
 nothing in this statute to prevent a debtor preferring one creditor 
 to another, though the others have commenced actions against 
 him, and though he does so with intent to defeat the other 
 creditors. Wood v. Dixie, 7 Q. B. 892 ; Hale v. Saloon Omnibus 
 Co., 4 Drew. 492. 
 
 Where goods, seized under a former writ, founded on a 
 judgment fraudulent against creditors, are capable of being 
 seized by the sheriff, he is compellable, under 13 Eliz. c. 5, to 
 seize and sell such goods under a writ received by him subse- 
 quently, and founded on a bond fide debt ; and if, after notice of 
 such fraud, he neglects to sell, and returns nulla bona to the 
 latter writ, he is liable to an action for a false return. Nor 
 does the fact that the sheriff has assigned the goods upon the 
 prior execution to a supposed bond fide purchaser (but who is in 
 truth a party to the fraud), innocently and in ignorance of the 
 fraud, excuse the sheriff from such liability. Christop/ierson v. 
 Burton, 3 Exch. 160; 18 L. J. Exch. 60. 
 
 Where afi.fa. is delivered to the sheriff, with directions to 
 suspend the execution, and in the meantime another writ is 
 delivered by another creditor, the sheriff is bound to levy under
 
 SEVERAL WRITS : PRIORITY OF EXECUTION. 65 
 
 the Latter writ in preference to the former, although the former 
 writ was not delivered with any fraudulent intent or purpose to 
 protect the goods of the debtor. Hunt v. Hooper, 1 D. & L. 
 62G ; 12 M. & W. 664; 13 L. J. Ex. 183 ; and see Kempland v. 
 Macauley, 1 Teake, 95 ; and Crowder v. Long, 8 13. & C. 598. 
 
 In March the then sheriffs of London seized the goods of a 
 debtor by virtue of a fi. fa. ; an officer was put in possession of 
 the goods, but the execution creditor directed the sheriffs not to 
 sell, and the debtor continued to have the control of his goods 
 until November, when another execution creditor sued out a 
 fi. fa., directed to the succeeding sheriffs of London : — Held, 
 that the latter were bound to levy this second fi.fa., and that it 
 was their duty, when they found the officer of the former 
 sheriffs in possession, to inquire into the facts, and if they had 
 done so, they would have learned that the first execution was 
 fraudulent. Lorick v. Crowder, 8 B. & C. 132 ; 2 M. & R. 84. 
 
 " When a writ against the goods of a party has issued from Priority of 
 the High Court, and a warrant against the goods of the same i^umo- ut of 
 party has issued from a County Court, the right to the goods High Court 
 seized shall be determined by the priority of the time of the Court. 
 delivery of the writ to the sheriff to be executed, or of the 
 application to the registrar for the issue of the warrant to be 
 executed ; and the sheriff, on demand, shall, by writing signed 
 by any clerk in the office of the under-sheriff, inform the high 
 bailiff of the precise time of such delivery of the writ, and the 
 bailiff on demand shall show his warrant to any sheriff's officer, 
 and such writing, purporting to be so signed, and the indorse- 
 ment on the warrant, shall respectively be sufficient justification 
 to any high bailiff or sheriff acting thereon." 51 & 52 Vict. 
 c. 43 (County Courts Act, 1888), s. 152. 
 
 See also as to priority of writs, Wintle v. Lord CJietwynd, 7 
 Dowl. P. C. 554 ; Chambers v. Coleman, 9 Dowl. P. C. 588 ; 
 and Saunders v. Jlidd/esex (Sheriff'), 3 B. & A. 95. See also 
 under this head Imray v. Magna//, post, p. 93, under sub- 
 heading "Reporting Result of Execution, &o." 
 
 Concurrent Writs. 
 A judgment creditor is entitled to sue out concurrent writs of "When ju<l«r- 
 
 j> ,. • i ij.' i'-Ji i !•• meiit creditor 
 
 jx.ja.,\\\ order to obtain execution m the several counties m may sue out 
 
 which his debtor has goods, and each sheriff is bound by the concurr ent 
 
 ° " WTlts. 
 
 M. F
 
 66 
 
 WRIT OF FIERI FACIAS. 
 
 writ to seize the goods of the judgment debtor within his baili- 
 wick. It matters not whether one seizure be after another or 
 not. The judgment creditor should give the sheriffs notice of 
 the other writs, and both he and the sheriffs must be careful to 
 avoid allowing a sale to take place under more than one writ 
 when one seizure would satisfy the debt. The creditor, acting 
 under this power, must act reasonably and without malice. Lee 
 v. Dangar, [1892] 1 Q. B. 226 ; affirmed 8 T. L. E. 494 ; [1892] 
 2 Q. B. 337; 61 L. J. Q. B. 780 ; 66 L. T. 548 ; 40 W. E. 
 469. 
 
 Successive Writs. 
 
 It appears that a judgment creditor cannot issue a second 
 writ of fi. fa. (at least after an actual levy) until the first is 
 returned. See Chapman v. Bowlby, 8 M. & W. 249 ; and dicta 
 of Cave, J., in Ex parte Ford, 18 Q. B. D. 371, and Denman, J., 
 in Lee v. Dangar, [1892] 1 Q. B. 240. 
 
 On this subject see also Green v. Elgie, 3 B. & Ad. 437; 
 Hunt v. Passmore, 2 D. P. C. 414. 
 
 Amount to 
 be seized. 
 
 Claim of 
 landlord for 
 rent. 
 
 Seizure. 
 
 It is the duty of a sheriff in executing afi.fa. to possess him- 
 self of all the goods of the debtor within his bailiwick, or suffi- 
 cient to satisfy the execution. Pitcher v. King, D. & M. 584 ; 
 5 Q,. B. 758. Under the statute 8 Anne, c. 14, s. 1, the sheriff 
 must also levy arrears of rent, not exceeding one year's rent, if 
 the landlord give him notice that the rent is in arrear, and 
 should he remove any goods without securing this, he will be 
 liable to the landlord. In other words, the duty of a sheriff, in 
 the first instance, is to seize so much of the debtor's goods as 
 will be reasonably sufficient, if sold, to satisfy the sum indorsed 
 on the writ, and the proper poundage, fees, and expenses of 
 execution, and his duty to seize in respect of rent does not arise 
 until the landlord has made a claim, when, on the refusal of the 
 tenant to pay the rent, the sheriff is bound to levy it under the 
 writ, and, consequently, to seize to a larger amount. Gauier v. 
 ChapUn, 2 Ex. 503 ; 18 L. J. Ex. 42. This claim by the land-
 
 SEIZURE. 67 
 
 lord need not be formal ; it is sufficient if he informs the sheriff 
 of the amount of the arrears. Waring v. Dewberry ', 1 Stra. 07; 
 Colyer v. Speer, 2 Brod. & B. 67 ; Smith v. Russell, 3 Taunt. 
 400. 
 
 The statute 8 Anne, c. 14, s. 8, contains a saving clause for Crown debts. 
 Crown debts ; 7 & 8 Yict. c. 96, s. 67, provides for terms of less 
 than one year. And see the subject discussed at length in the 
 chapter on " Landlord's Claim for Rent." 
 
 So long as a judgment exists, it protects those who seize the Parties seiz- 
 property under an execution founded on it; and if the judgment so'iou™ as ° 
 and execution are set aside, no action can be maintained against judgment 
 the sheriff for anything he did under such judgment while it 
 remained in existence. Ives v. Lucas, 1 C. & P. 7. For the 
 law regarding the liability of sheriffs for not executing or 
 delaying the execution of writs, see under title "Sheriff's Eights 
 and Liabilities and Remedies against Sheriff," post, p. 406. 
 
 In all cases when the door is open, the sheriff may enter the How far 
 house, and do execution, at the suit of any subject, either of the powered to 
 body or of the goods. Fourth resolution in Semayne's Case, 1 f nte ?" ^ nd 
 Sm L. C. ; 5 Co. 91. break house. 
 
 In all cases when the king is party, the sheriff, if the doors 
 be not open, may break the party's house either to arrest him, 
 or to do other execution of the king's process, if otherwise he 
 cannot enter. But before he breaks it, he ought to signify the 
 cause of his coming and to make request to open the doors. 
 (Third resolution.) But it was resolved that it is not lawful for 
 the sheriff, on request made and denial, at the suit of a common 
 person, to break the defendant's house to execute any process at 
 the suit of any subject. (Fourth resolution.) It was further 
 resolved that the house of any one is not a castle or privilege 
 but for himself, and shall not extend to protect any person who 
 flies to his house, or the goods of any other which are brought 
 and conveyed into his house to prevent a lawful execution, and 
 to escape the ordinary process of law ; for the privilege of 
 his house extends only to him and his family, and to his own 
 proper goods, or to those which are lawfully and without fraud 
 and covin there ; and, therefore, in such cases, after denial on 
 request made, the sheriff may break the house. (Fifth resolu- 
 tion.) 
 
 Thus a sheriff may enter the judgment debtor's house, if he 
 can do so without breaking in, but he may only break in to 
 
 f2
 
 68 WEIT OF FIERI FACIAS. 
 
 execute a writ of fi. fa. when the Crown is a party. He may 
 enter the house of a third party, hut it is at his own risk, for if the 
 goods of the defendant are not there, he is a trespasser and liahle 
 to an action. He may also break into the house of a third party 
 if the debtor's goods have been taken there to avoid execution, 
 but, again, he does so at his own risk. It appears there is no 
 distinction between the house in which a judgment debtor resides 
 with another person and his own house ; Lord Loughborough, 
 in Sheers v. Brooks, 2 H. Bl. 120 ; 3E.E. 357, says, " I see no 
 difference between a house of which he is solely possessed, and a 
 house in which he resides with the consent of another." That, 
 however, was a case of bail seeking their principal. See also 
 Morrish v. Murray, 13 M. & W. 52, and Cooke v. Birt, 5 Taunt, 
 764. If this is so, it follows that a sheriff cannot justify break- 
 ing into such a house. In all cases, before breaking in, it should 
 be noted that a previous demand for admission and refusal 
 thereof is necessary. Semayne's Case, and Launock v. Brown, 2 
 B. & A. 592. On the authorities it is doubtful whether lifting 
 the latch of a door that is only latched amounts to breaking ; 
 in an American case, it was held that it did. See the notes to 
 Scmayne's Case in Smith's L. C, "Vol. I., and cases on breaking 
 under the heading "Burglary" in Archbold's Criminal Cases. 
 If a window be shut, but not fastened, it may not be opened for 
 the purpose of distraining. Nash v. Lucas, L. K. 2 Q,. B. 590. 
 It appears that though a sheriff who breaks into the debtor's 
 house is a trespasser, yet the execution is good so far as relates 
 to the goods seized. Sanayne's Case; Be Gondouin v. Lewis, 10 
 Ad. & E. 117, and see the question discussed in the notes to 
 Semayne's Case in Smith's L. C. 
 
 If after having obtained peaceable possession of a dwelling- 
 house, the sheriff's officers be forcibly ejected or be obliged to 
 fly under threat of bodily injury, they may forcibly re-enter, 
 and, in such cases, the sheriff can send as many additional 
 officers as he may deem necessary ; whilst in the case of such 
 threat of bodily injury, the sheriff's officers should also summon 
 the offender for assault. Again, where the sheriff, having ob- 
 tained peaceable possession, cannot carry away the seized effects 
 or execute the writ without breaking the lock, &c. of the outer 
 door because of its being locked, &c, and neither the execution 
 debtor nor anyone on his behalf are on the premises to enable 
 the sheriff to request them to open such door, he is justified in 
 breaking it open. Pugh v. Griffith*, 7 Ad. & E. 827; 3 N. & P.
 
 SEIZURE. 69 
 
 187 ; 7 L. J. (N. S.) Q. B. 169 ; and see Eagkton v. G-utteridge, 
 11 M. &TV. 465. 
 
 The sheriff may, if necessary, break open the outer door of a 
 barn or out-house detached from a dwelling-house, without a 
 previous demand and refusal of admission, for the purpose of 
 executing a //. fa. Teuton v. Browne, 1 Sid. 186. It would, 
 moreover, seem clear from the judgment of Blackburn, J., 
 in llohson v. Thelluson, 36 L. J. (N. 8.) Q. B. 302, that a 
 sheriff has a right to break open the door of a warehouse. 
 Whilst a sheriff must always make request before breaking in, 
 having entered by the open doors of a house, he can break open 
 its inner doors for the purpose of executing a writ oifi.fa. with- 
 out the necessity of making any previous demand to have such 
 inner doors opened to him (Hutchinson v. Birch, 4 Taunt. 619 ; 
 and Johnson v. Leigh, 1 Marsh. 565 ; 6 Taunt. 246) ; as also 
 cupboards, trunks, &c, if necessary. R. v. Bird, 2 Show. 87 ; 
 Lee v. Gansell, Cowp. 1 ; and Hutchinson v. Birch, ante. 
 
 Under a fi. fa. against the goods of an intestate in the hands 
 of his administratrix, or of the husband of the administratrix in 
 her right since her marriage, the sheriff may justify entering the 
 house of the husband to search for goods of the intestate, though 
 none are found therein, because that is the most natural place of 
 custody for them. Cooke v. Birt, 5 Taunt. 764 ; 1 Marsh. 333. 
 And see under this head, Brunxicick (Duke) v. Sloicman, 8 C. B. 
 317 ; 18 L. J. C. P. 299 ; and 1 Smith's L. C. 9th ed., pp. 122 
 et seq. ; see also under title " Arrest," post, p. 177. 
 
 "Whilst one man and at most three men are generally sufficient As to number 
 for adequate possession of the effects on any particular premises, pi a ™ e e fi n 
 it is in the discretion of the sheriff to place as many men in pos- possession, 
 session as he may deem necessar}^. In the case of an actual or 
 apprehended breach of the peace in connection with an execution, 
 the sheriff can call out the posse comitatus to prevent any such Posse comi- 
 breach, and also to generally protect his officers in the discharge 
 of their duties ; and it has been held that a sheriff is not liable 
 for damage to seized goods destroyed by means which he could 
 not prevent ; for example, through a mob breaking in and 
 injuring the goods, notwithstanding the sheriff having taken 
 reasonable precautions for the protection thereof. Willis, 
 Winder 8f Co. v. Coomhe, 1 C. & E. 353. 
 
 It was, moreover, held, in such latter case, that inasmuch as a 
 bankruptcy receiver was in possession at the time of the sheriff 
 taking possession and of the disturbance, the sheriff's possession
 
 70 WRIT OF FIERI FACIAS. 
 
 was of such a nature that he could not be fixed with liability for 
 the damage in question. 
 
 The sheriff is not obliged to remove all persons from the 
 premises in question in the case of a fi. fa. as in the case of a 
 writ of possession. 
 
 A sheriff cannot turn a tenant out of possession when he has 
 taken a term under an execution against the landlord. Rumball 
 v. Murray, 3 T. & R. 298 ; and see Miller v. Pamell, 2 Marsh. 
 78 ; 6 Taunt. 670. 
 
 Effectual and continuous possession should be secured, other- 
 wise the sheriff incurs great risk. For an example of this, 
 where a sheriff's officer executed a fi.fa. by going to the house 
 and informing the debtor he came to levy on his goods, and 
 laying his hand on a table, and saying " I take this table," and 
 then locked up his warrant in the table drawer, took the key, 
 and went away without leaving any person in possession, and 
 after the fi. fa. was returnable, but not continued, the landlord 
 distrained the goods for rent : — Held, that the sheriff could not 
 maintain trespass against him. Blades v. Arundale, 1 M. & S. 
 711 ; and see under sub-title "Withdrawal from Possession," 
 2)ost, p. 81. 
 
 A seizure of part of the goods in a house by virtue of a fi. fa. 
 in the name of the whole is a good seizure of all. Cole v. Bavies, 
 1 Ld. Raym. Cases, p. 725. 
 
 A sheriff is liable in trespass for remaining an unreasonable 
 time on the premises in possession of the seized goods. Ash v. 
 Baivnay, 8 Exch. 237 ; 22 L. J. Ex. 59 ; and see Plai/fair v. 
 Musgrore, 14 M. & W. 239 ; 15 L. J. Ex. 26. 
 
 What Seizable and not Seizable. 
 
 Generally the sheriff may seize all, or so much as may be 
 necessary, of the goods and chattels of the judgment debtor, 
 including money, bank notes, and securities for money, and 
 leasehold interests in land (but excluding wearing apparel, 
 bedding, and tools to the value of 5/.), debts, equitable interests 
 in leaseholds, and to some extent farming stock and crops. See 
 these subjects treated of in detail in the following pages. 
 
 In Bagge v. Whitehead, [1892] 2 Q. B. 355; 61 L. J. Q. B. 
 778 ; 66 L. T. 815 ; 40 W. R. 472 ; 56 J. P. 548, it was held
 
 WHAT 8EIZABLE AND NOT SEIZABLE. 71 
 
 that a sheriff was not liable to the penalty imposed by the 
 Sheriffs Act, 1887, for having improperly seized bedding and 
 tools, the penalty in that Act being imposed on the person 
 actually guilt}' of the wrongful act. 
 
 All process, whereby the goods and chattels of any ambassador (i) Goods of 
 or other public minister of any foreign prince or state, authorized & c non . ' ' 
 and received as such by the Sovereign, or their domestic servants, srizable. 
 may be seized, is void by 7 Anne, c. 12, s. 3, and also highly 
 penal by sect. 4. 
 
 A secretary of legation acting in the absence of the ambassador 
 as charge d'affaires is entitled to the privileges of an ambassador. 
 Taylor v. Best, 14 C. B. 487. The domestic servants are not Domestic 
 protected, unless they are registered as required by sect. 5 of ambassador to 
 the Act, and their names hung up in a public place in the offices be registered. 
 of the sheriffs of London and Middlesex, whereto all persons 
 may resort and take copies. No merchant or trader, within the 
 description of any of the statutes against bankrupts, is protected 
 by taking service under an ambassador. Sect. 5. It should be 
 observed that consuls are not protected. 
 
 By 1 & 2 Vict. c. 110, s. 12, " By virtue of any writ of fieri (2) Money, 
 
 n ■ j t tip • • p i bank notes 
 
 jacias to be sued out of any superior or interior court, or any £ c . sheriff 
 
 precept in pursuance thereof, the sheriff or other officer having empowered 
 the execution thereof may and shall seize and take any money 
 or bank notes (whether of the governor and company of the 
 bank of England or of any other bank or bankers), and any 
 cheques, bills of exchange, promissory notes, bonds, specialties, 
 or other securities for money belonging to the person against 
 whose effects such writ of fieri facias shall be sued out ; and may and to pay 
 and shall pay or deliver to the party suing out sucli execution tank notes to 
 any money or bank notes which shall be so seized, or a sufficient execution 
 part thereof ; and may and shall hold any such cheques, bills of 
 exchange, promissory notes, bonds, specialties, or other secu- 
 rities for money as a security or securities for the amount by 
 such writ of fieri facias directed to be levied, or so much thereof 
 as shall not have been otherwise levied and raised ; and may sue and to sue for 
 in the name of such sheriff or other officer for the recovery of cured by bills 
 
 the sum or sums secured thereby, if and when the time of of exchange 
 
 . and other 
 
 payment thereof shall have arrived ; and that the payment to securities. 
 
 such sheriff or other officer by the party liable on any such 
 
 cheque, bill of exchange, promissory note, bond, specialty, or 
 
 other security, with or without suit, or the recovery and levying 
 
 execution against the party so liable, shall discharge him to the
 
 72 WRIT OF FIERI FACIAS. 
 
 extent of such payment, or of such recovery and levy in execu- 
 tion, as the case may be, from his liability on any such cheque, 
 bill of exchange, promissory note, bond, specialty, or other secu- 
 rity ; and such sheriff or other officer may and shall pay over to 
 the party suing out such writ the money so to be recovered, or 
 such part thereof as shall be sufficient to discharge the amount 
 by such writ directed to be levied ; and if, after satisfaction of 
 the amount so to be levied, together with sheriff's poundage and 
 expenses, any surplus shall remain in the hands of such sheriff 
 or other officer, the same shall be paid to the party against whom 
 Proviso as to such writ shall be so issued ; provided, that no such sheriff or 
 sheriff? 1 y ° r other officer shall be bound to sue any party liable upon any 
 such cheque, bill of exchange, promissory note, bond, specialty, 
 or other security, unless the party suing out such execution shall 
 enter into a bond, with two sufficient sureties, for indemnifying 
 him from all costs and expenses to be incurred in the prosecution 
 of such action, or to which he may become liable in consequence 
 thereof, the expense of such bond to be deducted out of any 
 money to be recovered in such action." The effect of this 
 section is to make money, bank notes, &c, liable to seizure in 
 the same way as other goods and chattels ; but they do not on 
 seizure vest in the execution creditor. 
 
 The balance of sale moneys in a sheriff's hands after satisfying 
 two former executions constitutes a debt from him to the execu- 
 tion debtor, and as a mere debt it cannot be taken in execution 
 under the above statute. Harrison v. Paynter, 6 M. & W. 
 387. But in O'Neill v. Cunningham, 6 Ir. C. L. 503, Q. B., 
 it was held that money realized by a sale under a fi. fa. may be 
 attached in the hands of the sheriff. Nor does the above Act 
 empower seizure in execution of money in the hands of a third 
 person as trustee for the debtor. France v. Campbell, 6 Jur. 105; 
 and see Brown v. Perrott, 4 Beav. 585. Moreover, the above 
 section only applies to the case of money set apart and earmarked 
 as property specifically of the execution debtor; and, accordingly, 
 money, levied under afi.fa. and in the hands of the sheriff for 
 an execution creditor, cannot be seized under ay?, fa. against 
 such execution creditor. Wood v. Wood, 3 Gr. & D. 532 ; 4 
 Q. B. 397; 12 L. J. Q. B. 141 ; and Collingridge v. Paxton, 21 
 L. J. (N. S.) C. P. 39 ; 11 0. B. 683; and see on this subject, 
 Brun v. Hutchinson, 13 L. J. (N. S.) Q. B. 244; 2 Dowl. & L. 
 P. C. 43 ; as also Winter v. Campbell, 9 Dowl. P. 0. 914 ; Watts 
 v. Jeffreys, 3 Mac. & G. 372 ; 15 Jur. 435 ; 20 L. J. (N. S.) Ch.
 
 WHAT SEIZABLE AND NOT SEIZABLE. 73 
 
 659 ; Courtoy v. Vincent, 15 Beav. 486 ; 21 L. J. Ch. 291 ; and 
 Bell v. Hutchison, 8 Jur. 895. 
 
 The wearing apparel and bedding of any judgment debtor or ( 3 ) Execution 
 his f amily, and the tools and implements of his trade (the value actual neces- 
 of such apparel, bedding, tools and implements not exceeding in sanes .?^ 
 the whole the value of five pounds) , shall not be liable to seizure value non- 
 under any execution or order of any Court against his goods and 
 chattels. 8 & 9 Yict. c. 127, s. 8. 
 
 See also as to soldiers' accoutrements, Army Act, 1881 ( 4 ) Soldiers' 
 
 accoutre- 
 
 (44 & 45 Vict. c. 58) ; and as to rolling stock and plant of rail- ments. 
 ways, see Eailway Companies Act, 1867 (30 & 31 Vict. c. 127), (5) Kailway 
 and pout, p. 236, under title " Execution against Companies." andphmt. 
 
 The sheriff may realize the execution debtor's qualified pro- (6) Goods on 
 perty in hired goods. If, however, a party has goods on hire g e ^ble W 
 for a term, and the sheriff seizes them under an execution 
 against such party, the owner of the goods may maintain an 
 action against the sheriff if he sells the entire property of such 
 goods ; but to support the action, he must show that as soon as 
 the goods were seized, he apprised the sheriff that the goods 
 were lent for a term only, in order that the sheriff might know 
 that he had only a right to sell the debtor's qualified pro- 
 perty therein. Dean v. Whittaker, 1 C. & P. 347 ; and Ward v. 
 Macaulay, 4 Durn. & E. Rep. 489. And see Duffil v. Spoftis- 
 iroode, 3 C. & P. 435 ; Pant on v. Pobart, 2 East, 88 ; 4 Esp. 
 33; and Pain v. Middlesex (Sheriff'), 11. & M. 99 ; as also 
 Lancashire Waggon Co. v. Fitzhagh, 6 H. & N. 502 ; 30 L. J. 
 Ex. 231. And an action against the sheriff for selling the 
 reversionary interest of the plaintiff in goods in an execution 
 debtor's possession cannot be supported, unless actual damage 
 has been sustained. Tancred v. Allgood, 4 H. & N. 438 ; 28 
 L. J. Ex. 362. 
 
 Where the execution debtor is or stands in the position of a (7) Goods in 
 mere bailee of goods during pleasure, and the owner has there- '.x^'uti/.u ' 
 fore an immediate right of possession therein, the latter may debtor as a 
 maintain trover against a sheriff who takes them in execution. 
 See Manders v. Williams, 4 Exch. 339; 18 L. J. Exch. 437; 
 and in particular the judgment of Parke, 13., therein. 
 
 Under an execution against the goods of A., the sheriff cannot (8) Exceu- 
 seize goods which he has deposited with another person as secu- JooY/m ° r S 
 rity for a debt. Rogers v. Kennay, 9 Q. B. 592; 11 Jur. 14; pledge, non- 
 
 ij-t t /-v -r-> «■»«•. seizable. 
 
 lo L. J. Q. B. 381. 
 
 And see under title " Bills of Sale," post, p. 291.
 
 74 
 
 WRIT OF FIERI FACIAS. 
 
 (9) Fawn- 
 broker's 
 interest in 
 redeemable 
 pledges, 
 seizable. 
 
 10) Effects in 
 possession of 
 execution 
 debtor in a 
 representative 
 capacity, 
 non-seizable. 
 
 As executor 
 of testator. 
 
 As adminis- 
 trator of 
 intestate. 
 
 As trustee. 
 
 A pawnbroker's interest in redeemable pledges may be taken 
 in execution under afi.fa. In re Rollason, Rollason v. Rollason, 
 Hake's Claim, 34 Ch. D. 495; 56 L. J. Ch. 768 ; 35 W. E. 607; 
 56 L. T. 303. 
 
 Effects vested in another in a representative capacity cannot 
 be taken in execution for his own debt except under special 
 circumstances. 
 
 Goods of a testator in the hands of his executor cannot be 
 seized in execution of a judgment against the executor in his 
 own right. Fan- v. Neicman, 4 T. E, 621; 2 E. E. 479. 
 Whale v. Booth, 4 Doug. 36, cannot be accepted as an authority 
 to the contrary, and may probably be exjuained in the way 
 suggested by Grove, J., in Farr v. Newman. But if an executor 
 uses the goods of the testator as his own, they will not be pro- 
 tected. See Quick v. Staines, 1 Bos. & Pul. 293 ; 2 Esp. 57 ; 4 
 E. E. 801 ; McLeod v. Drummond, 17 Ves. 152 ; and Ray v. 
 Ran, Coop. 264; Fenwick v. La //cock, 1 G. & D. 532; 2 Q. B. 
 108 ; 11 L. J. Q. B. 146; and see also Lewin on Trusts, 8th ed. 
 p. 224. 
 
 Where an executor carries on his testator's business under a 
 power, and in so doing incurs debts, these debts are the personal 
 debts of the executor, and judgment and execution must be 
 against his personal property and not against the testator's. 
 In re Morgan, 18 Ch. D. 93 ; 50 L. J. Ch. 834 ; In re Evans, 34 
 C. D. 597 ; 56 L. T. 768 ; 35 W. E. 44 ; Dowse v. Gorton, 
 [1891] A. C. 190 ; 60 L. J. Ch. 745 ; 64 L. T. 809. Where 
 an executor before probate by his agent took the goods and 
 carried on the business of the deceased, and judgment was 
 recovered against the agent as executor, and a fi. fa. issued 
 thereunder directing the sheriff to levy on the goods of the 
 deceased in his hands as executor, the sheriff was not justified, as 
 against the executor, in seizing goods of the deceased in such 
 agent's hands. Sghes v. S//kcs, L. E. 5 C. P. 113; 39 L. J. 
 C. P. 179; 22 L. T. 236. 
 
 Goods of an intestate taken possession of and used by an 
 administrator in the house of the intestate for three months 
 after the death of the intestate, cannot be taken in execution 
 for the administrator's own debt. Gaskell v. Marshall, 1 M. & 
 Eob. 132. 
 
 Formerly at laic trust property was liable to be taken for the 
 debts of the trustee, but now under sects. 24 and 25 of the 
 Judicature Act, 1873, the rules of equity prevail, and it is not
 
 WHAT SEIZABLE AND NOT SEIZABLE. 75 
 
 so liable. Duncan v. Cashin, L. E. 10 C. P. -554 ; 44 L. J. 0. P. 
 225 ; Engleback v. Nixon, L. E. 10 C. P. G45 ; 44 L. J. C. P. 
 396; and Jenkinson v. Brandley Miring Co., 11) Q. B. D. 568. 
 
 At common law the sheriff can seize only those things which (H) Lien, 
 he can sell, and therefore a lien which is a mere personal right 
 and cannot be made the subject-matter of a sale, cannot be 
 taken in execution under Bkfi.fa. Legg v. Evans, 9 L. J. (N. S.) 
 Ex. 102 ; 6 M. & TV. 36 ; 8 Dowl. P. C. 177. 
 
 A ship and shares of a ship can be taken. The seizure of a (12) Shipping 
 ship is effected by putting a man on board with a warrant, ^aUe'' 
 which he must produce to the person in charge and affix to the 
 mast as in the case of Admiralty proceedings. The sheriff's 
 officer must, moreover, remain on board till payment. Prior to 
 the seizure of a ship, care should be taken that the vessel is in 
 the sheriff's bailiwick and that it entirely belongs to the 
 execution debtor, for, except under special circumstances, the 
 sheriff would not, it is conceived, be justified in seizing and 
 detaining a ship in which the execution debtor was only partly 
 interested. 
 
 If the mortgagee of a ship takes possession before execution 
 executed, the vessel cannot be seized under the execution. 
 Ladbrooke v. Criekett, 2 T. E. 649 ; IE. E. 571. 
 
 The master of a ship may possibly attempt to sail despite the 
 sheriff's officer being on board; to avert which, the sheriff should, 
 if possible, secure the immediate assistance of the port authorities. 
 The captain can, moreover, be proceeded against for contempt 
 of Court for such an offence. 
 
 A sheriff may effectually seize, and sell by a bill of sale, shares 
 of a ship without the necessity of going on board. HarUy v. 
 Harlcy, 11 Ir. Ch. 451. In that case, an execution debtor being 
 the registered owner of shares in a ship, the sheriff obtained, 
 and retained possession of the certificate of registry. The 
 sheriff was thereupon registered at the Custom House under the 
 Merchant Shipping Acts as owner of the shares, and afterwards 
 sold and transferred the same to a purchaser by a registered 
 bill of sale : — Held, that the seizure was effectual, although the 
 sheriff did not go on board the ship, and that the property in 
 the shares was regularly transferred by the bill of sale. In his 
 judgment in JEEarley v. Harley the Master of the Rolls, after 
 alluding to the usual way in which the sheriff executes the writ 
 under a judgment against one partner, viz., by making a bill of 
 sale of the actual interest, added, " That was done in this case.
 
 76 
 
 WRIT OF FIERI FACIAS. 
 
 (13) Farming 
 stock and 
 growing _ 
 crops, seiz- 
 able subject 
 to restric- 
 tions. 
 
 (14) Fixtures. 
 
 (15) Goods 
 sold by execu- 
 tion debtor 
 prior to 
 execution, or 
 acquired by 
 third parties 
 for valuable 
 consideration 
 prior to 
 seizure, non- 
 seizable. 
 
 A part-owner of a ship is not necessarily a partner. He is a 
 tenant in common with the other part-owners. I think that a 
 bill of sale is the proper mode of executing the power vested in 
 the sheriff." 
 
 On pa} r ment of the usual inspection fee at the local registry, 
 the sheriff can obtain particulars of any existing mortgages of 
 the ship or shares in question. A good local shipping register 
 will, moreover, furnish him with all reliable information on this 
 point, as also of what other shipping property may be owned by 
 the execution debtor. And see under title " Bills of Sale," 
 post, p. 305. 
 
 Farming stock and growing crops may be taken, subject to 
 certain restrictions. See this subject discussed in detail, post, 
 p. 244, under the title "Husbandry Provisions." 
 
 See the chapter on " Fixtures," post, p. 249. 
 
 Under the old law, a debtor could not alienate his goods after 
 a writ of execution was issued, but sect. 16 of the Statute of 
 Frauds (29 Car. 2, c. 3) provides that " No writ of fieri facias 
 or other writ of execution shall bind the property of the goods 
 against which such writ of execution is sued forth, but from the 
 time that such writ shall be delivered to the sheriff, under- 
 sheriff or coroners to be executed." The effect of this provision 
 was that the sheriff could not seize goods alienated by the debtor 
 previous to the delivery of the writ, but that he could seize 
 goods alienated after the delivery, since, except when sold in 
 market overt, they were still subject to the rights of the judg- 
 ment creditor. See Samuel v. Duke, 3 M. & W. 622 ; Lowthal 
 v. Tonkins, 2 Eq. Abr. 381 ; Smallcomb v. Cross, 1 Ld. Raym. 
 252; Payne v. Drcice, 4 East, 539. The Mercantile Law 
 Amendment Act, 1856 (19 & 20 Vict. c. 97), has further 
 modified the law. By sect. 1 of that statute it is enacted that 
 " No writ of fieri facias or other writ of execution, and no writ 
 of attachment against the goods of a debtor, shall prejudice the 
 title to such goods acquired by any person bond fide and for a 
 valuable consideration before the actual seizure or attachment 
 thereof by virtue of such writ ; provided such person had not, 
 at the time when he acquired such title, notice that such writ, 
 or any other writ by virtue of which the goods of such owner 
 might be seized or attached, had been delivered to and remained 
 unexecuted in the hands of the sheriff, under-sheriff, or coroner." 
 
 The present law, therefore, is that the sheriff cannot seize 
 goods alienated by the debtor prior to the delivery of the writ,
 
 WHAT SEIZABLE AND NOT SEIZABLE. 
 
 nor thoso goods alienated after delivery of the writ which have 
 been sold in market overt, or which, though not sold in market 
 overt, have been acquired by some person bond fide, for a valuable 
 consideration and without notice of the delivery of any writ of 
 execution before actual seizure. 
 
 Though the delivery of the writ to the sheriff binds the 
 property from the date of delivery, it does not change the 
 ownership ; so a debtor's transfer is valid, but the purchaser 
 takes the goods subject to the rights of the execution creditor. 
 Woodland v. Fuller, 11 Ad. & E. 859. For the purpose of 
 ascertaining whether the writ was delivered to the sheriff before 
 the completion of a purchase, the law regards fractions of a day. 
 Bowen v. Bramidge, 6 C. & P. 140 ; God-son v. Sanctuary, 4 B. & 
 Ad. 255. The provisions of the above-cited section of the 
 Statute of Frauds as to indorsing the date of the receipt of a 
 writ, and of the Sheriffs Act as to giving a written receipt for 
 the writ, have been set out anle, p. 57. Delivery of nfi.fa. to 
 the sheriff's deputy in London is equivalent to a delivery to the 
 sheriff in the country. Woodland v. Fuller, supra. 
 
 Such a seizure by a sheriff of a debtor's goods under an 
 execution as would have been good before the above Act is an 
 "actual seizure" within the above section, and the expression 
 "actual seizure" means no more than "seizure." Where pre- 
 mises consisting of a mansion house, offices, gardens, farm and 
 farm-house, are in the same county and in one and the same 
 occupation as an entirety, a seizure by a sheriff at the mansion 
 house of part of the effects liable to the execution in the name 
 of the whole is an " actual seizure," within the statute, of 
 everything on the premises liable to the execution, whatever the 
 extent of the premises and however dispersed the effects may be. 
 Se/nble, per Bramwell, B. : Knowledge that a writ of execu- 
 tion will probably at a certain time be delivered to the sheriff is 
 not, when that time arrives, notice that it has been delivered 
 within the statute. Gladstone v. Padwick, L. E. 6 Ex. 203 ; 40 
 L. J. Ex. 154. 
 
 See also under this head, Union Bank of London v. Lvnanton, 
 3 C. P. D. 243 ; 47 L. J. Q. B. 409 ; ' Hob-son v. Thellmon, 
 
 2 L. 11. Q. B. 642 ; 36 L. J. Q. B. 302 ; Bristol {Earl) v. 
 Wihmore, 2 D. & R. 755; 1 B. & C. 514; Willies v. Farley, 
 
 3 C. & P. 395; Scarfe v. Halifax, 10 L. J. (N. S.) Ex. 332; 
 7 M. & W. 288; and Locklei/ v. Pye, 8 IT. £ W. 133; 9 
 D. P. C. 741.
 
 78 
 
 WRIT OF FIERI FACIAS. 
 
 (16) Lease- A leasehold interest may be taken, but not a mere equitable 
 Sb?e tereSt ' Merest in a term of years. Scott v. Scholey, 8 East, 467 ; 
 
 8. P., Metcalfr. Scholey, 2 N. R. 4G1 ; Lyster v. Dollond, 1 Yes. 
 Jun. 4^1 ; 3 Bro. C. C. 478 ; and In re The Duke of Newcastle, 
 Ex parte Padwick, L. R. 8 Eq. 700 ; 39 L. J. Ch. 68. And in 
 the case of an outgoing tenant having agreed to assign the 
 remainder of his term to the incoming tenant, the sheriff before 
 an actual assignment made, may, under an execution against 
 the outgoing tenant, sell his interest in such remaining term 
 and set upon it the same value that the incoming tenant has 
 agreed to give for it. Sparrow v. Bristol {Earl), 1 Marsh. 10. 
 Moreover, where a tenant has entered under an agreement for a 
 lease and paid the stipulated rent, a tenancy from year to year 
 is created, which the sheriff may sell under a fi. fa. Doe d. 
 Westmoreland v. Smith, 1 M. & E. 137. 
 
 The sheriff can also sell fixtures apart from a lease, if he 
 cannot find a purchaser for the whole. Barnard v. Leigh, 1 
 Stark. 43. 
 
 The sheriff's seizure of a lease does not, however, vest the 
 term in the sheriff until he has executed an assignment to a 
 purchaser. Therefore, where a lease is taken in execution by 
 the sheriff, the interest in it remains in the execution debtor 
 until actual assignment to the purchaser; and a sheriff, who 
 under a fi. fa. takes in execution a lease for years, has no right 
 to remain on the premises for the purpose of executing an 
 assignment and putting the purchaser in possession. If he 
 should do so, he is liable in trespass at the suit of the execution 
 debtor, if in possession, although the premises have been sold 
 and transferred. Playfair v. Musgrove, 14 M. & "W. 239 ; 15 
 L. J. Ex. 26 ; and see Doe d. Hughes v. Jones, 1 Dowl. N. S. 
 352 ; 12 L. J. Ex. 265. 
 
 The sheriff's assignment of a term is sufficient without an 
 actual seizure of the lease. Coleman v. Bairlinson, 1 F. & F. 330. 
 Nor where the sheriff has seized the lease, and sold the term 
 before the writ is returnable, does his non- execution of an 
 assignment to the purchaser till a subsequent period affect the 
 validity of the sale. Doe d. Stevens v. Donston, 1 B. & A. 230 ; 
 and see under this head Rumball v. Murray, and Jlilter v. Parnell, 
 ante, p. 70, as also Grifi'en v. Caddell, 9 Ir. C. L. 488, Q. B. 
 
 (17) Equity The sheriff cannot seize an equity of redemption under this 
 tfonfnon 1 -" writ - L, J dcr v - Holland, 1 Yes. Jun. 431 ; Burdon v. Kennedy, 
 
 seizable. 3 Atk. 739.
 
 WHAT SEIZABLE AND NOT SEIZABLE. 79 
 
 Execution against partnership property on a judgment (18) Partners 
 against the firm is similar to execution against an individual ; sr j p property. 
 but the execution creditor is not limited to this execution against 
 the firm's property. lie may also, subject to the provisions of 
 Order XLVIIIa. of the Rules of Supreme Court, issue execution 
 against the individual partners, and such writs are executed in 
 the same way as other writs against individuals. 
 
 As to procedure against the partnership property for a Procedure 
 partner's separate judgment debt, formerly a creditor of one partnership 
 partner could take out execution against the partnership effects property for 
 subject to his only having the undivided share of his debtor separate 
 and taking it in the same manner the debtor himself had it, i U vf ment 
 and subject to the rights of the other partners. But by the 
 Partnership Act, 1890 (53 & 54 Vict. c. 39), s. 23, " (1) After 
 the commencement of this Act [1st January, 1891], a writ of 
 execution shall not issue against any partnership property, 
 except on a judgment against the firm. (2) The High Court, or 
 a judge thereof, or the Chancery Court of the County Palatine 
 of Lancaster, or a County Court, may, on the application by 
 summons of any judgment creditor of a partner, make an order 
 charging that partner's interest in the partnership property and 
 profits with payment of the amount of the judgment debt and 
 interest thereon, and may by the same or a subsequent order 
 appoint a receiver of that partner's share of profits (whether 
 already declared or accruing), and of any other money which 
 may be coming to him in respect of the partnership, and direct 
 all accounts and inquiries, and give all other orders and directions 
 which might have been directed or given if the charge had been 
 made in favour of the judgment creditor by the partner, or 
 which the circumstances of the case may require. (3) The other 
 partner or partners shall be at liberty at any time to redeem 
 the interest charged, or in case of a sale being directed, to 
 purchase the same. (4) This section shall apply in the case of 
 a cost-book company as if the company were a partnership 
 within the meaning of this Act." And by sect. 33, sub-s. 2, "a 
 partnership may, at the option of the other partners, be dissolved 
 if any partner suffers his share of the partnership property to be 
 charged under this Act for his separate debt." For definitions 
 of "partnership," "firm," and "partnership property," see sects. 
 1, 4, and 20, and as to " property bought with partnership 
 money," see sect. 21 of the Partnership Act, 1890. 
 
 In an execution under a judgment against a married woman, (19) Goods
 
 80 
 
 WRIT OF FIERI FACIAS. 
 
 of married the sheriff: can only seize such separate property as she possesses 
 
 fur seiz'able. free from any restriction against anticipation. Scott v. Morley, 
 
 20 Q. B. D. 120. See the form of the writ, ante, p. 57, and 
 
 the chapter on " Execution in relation to Married "Women," 
 
 post, p. 270. 
 
 Stay of Execution. 
 
 Execution Execution is not now stayed hy injunction from the Chancery 
 
 or ier of Court Division, but hy an order of the Court in which the cause or 
 in which ac- matter is pending. See the Judicature Act, 1873 (36 & 37 
 ing. Viet. c. 66), sect. 24, suh-sect. 5 ; Wright v. Redgrove, 11 Ch. D. 
 
 24 ; 40 L. T. 206 ; 27 W. R. 562 ; Powell v. Jewsbury, 9 Ch. D. 
 39 ; 39 L. T. 213 ; 27 W. R. 142 ; Jersey (Earl) v. Uxbridge 
 Rural Sanitary Authority, [1891] 3 Ch. 183 ; 64 L. T. 858. The 
 circumstances under which an order staying execution will he 
 granted is a matter heyond the scope of this work, but the 
 authorities on the subject are collected in the note to the above 
 section in the Annual Practice ; and see also Order LYIII., Rules 
 16 and 17, of the Rules of the Supreme Court. Execution is 
 usually stayed on an application made at the trial, and in that case, 
 since the parties, or their representatives, are present when the 
 order is made, no service or notice of it is necessary, though 
 preferable. Osborne v. Tennant, 14 V. 136 ; United Telephone 
 Co. v. Dale, 25 Ch. D. 778 ; 53 L. J. Ch. 295 ; 50 L. T. 85 ; 32 
 W. R. 428. If the parties are not present when the order is 
 made, notice of it should be served on the judgment creditor, 
 and, also, if he is in possession, upon the sheriff. In cases of 
 urgency, this notice may be by telegram to the creditor or the 
 sheriff, or, as suggested by James, L. J., in Ex parte Langley, In 
 re Bishop, 13 Ch. D. 110, at p. 122 ; 49 L. J. Bk. 1 ; 43 L. T. 
 181 ; 28 W. R. 174, by telegram to some local solicitor directing 
 him to serve notice of the stay. This course obviates the difficulty, 
 which arose in that case, of the sheriff disbelieving the telegram. 
 If the sheriff knows that a stay has been granted, and proceeds 
 with the sale, he will be liable even though notice of the order 
 has not been served upon him. United Telephone Co. v. Dale, 
 ante. In Ex parte Langley, ante, it was held that it was the duty 
 of the sheriff's officer, who received notice by telegram, pur- 
 porting to be sent by solicitors in London, of an injunction 
 being granted by the Court of Bankruptcy to restrain a sale in
 
 STAY OF EXECUTION. 81 
 
 the country under an execution, to telegraph to the Court of 
 Bankruptcy, or to the London agents of the sheriff, to ascertain 
 whether an injunction has really Leen granted. This, however, 
 it was held, is not the duty of the auctioneer who is conduct- 
 ing the sale ; he is only bound to communicate with the 
 sheriff's officer who has instructed him to sell. A sheriff's 
 officer, who was not himself present at the sale, and who had no 
 actual notice of the injunction, was in the same case held not to 
 he responsible for the act of his deputy who allowed the sale to 
 be continued after receiving notice by telegram of the stay. See 
 also under title " Bankruptcy, &c," post, p. 359. 
 
 Death of Parties. 
 
 The sheriff may execute a writ of fieri facias and pay over How far 
 the proceeds of the execution to the executor or administrator ti ^ a ff ec f a ar " 
 if, after the writ has been sued out, the plaintiff die (Cleve v. execution. 
 Veer, Cro. Car. 459), and if there is no executor or adminis- 
 trator, the money must be brought into Court and deposited 
 there. T/ioroayl/yood's Case, Noy, 73. So, also, it seems that 
 if, before execution of a writ of fieri facias, the defendant die, 
 the sheriff may execute the writ upon the goods of the defendant 
 in the executor's hands. 
 
 Goods seized under a fi. fa. are bound from the date of the 
 teste of the writ, except as against purchasers in market overt. 
 Therefore, where the execution debtor died between the issuing 
 and the execution of the writ, the execution creditor's title was 
 held to be paramount to that of the executor. Rank en v. Ilar- 
 wood, 10 Jur. 794. 
 
 Where a defendant died between eleven and twelve o'clock in 
 the morning and afi.fa. was sued out against his goods between 
 two and three in the afternoon of the same day, the Court set 
 aside the execution as irregular. Chick v. Smith, 8 D. P. C. 337; 
 4 Jui-. 86. 
 
 Withdrawal from Possession. 
 
 On the discharge of his claim by the execution debtor, the Withdrawal 
 
 sheriff must, of course, withdraw immediately. As to the execu- in nn Vdiatciy e 
 
 tion creditor's liability for failure to withdraw the sheriff from pos- claim is 
 
 discharged. 
 M. Q
 
 82 WRIT OF FIERI FACIAS. 
 
 session after composition, see Phillips v. General Omnibus Co., 50 
 L. J. Q. B. 112. 
 
 Where a sheriff has taken possession of effects under a fi. fa. 
 his officer should continue in possession, or if he abandon it 
 even necessarily for a time, he must clearly and satisfactorily 
 account for so doing, in order to sustain his right against others 
 afterwards claiming under legal authority to seize the same 
 goods ; and, in case of an abandonment on the return day of 
 the writ, possession cannot afterwards be resumed. Ackland v. 
 Pay nter, 8 Price, 95. 
 
 Where a bailiff, under a sheriff's warrant addressed to 
 him alone, and not to him and his assistants, seized goods in 
 execution, left them in charge of keepers, and went away, and, 
 during his absence, the goods were rescued from the keepers, it 
 was held that the rescuer could not be convicted of having by 
 threats and violence compelled the bailiff to abandon the seizure. 
 R. v. Noonan, 10 Ir. E. C. L. 505, C. C. B. 
 Re-entiy. Where the sheriff has entered and then withdrawn his writ in 
 
 consequence of an arrangement having been come to between 
 the execution creditor and the execution debtor, the sheriff 
 cannot re-enter without fresh instructions from the execution 
 creditor, and he is justified in executing a subsequent writ 
 without notice to the former execution creditor. Shaw v. 
 Kirhy, 52 J. P. 182. It is, moreover, submitted that the 
 sheriff cannot re-enter after withdrawing from possession with- 
 out written authority from the execution debtor, and which 
 authority it is certainly always desirable to obtain before any 
 temporary withdrawal. And see as to temporary withdrawal 
 from possession, Crowder v. Long, 8 B. & C. 598 ; 3 M. & R. 17 ; 
 and as to execution creditor's notice to withdraw, Walker v. 
 Hunter, 2 C. B. 324; 15 L. J. C. P. 12. 
 
 If an execution creditor abandons his process against certain 
 goods seized under a fi. fa. in favour of a claimant, the sheriff 
 has still a right to show in an action against him that the goods 
 were the defendant's property. Baynton v. Harvey, 3 D. P. C. 344. 
 
 Incidental to Seizure. 
 
 If a sheriff wrongfully seizes goods which are afterwards 
 taken from him by another wrong-doer, the owner of the goods
 
 INCIDENTAL TO SEIZURE. 83 
 
 may in an action against the sheriff recover, as special damages, 
 the amount necessarily paid to the other wrong-doer in order to 
 get back the goods. Kerne v. Dilke, 4 Exch. 388 ; 18 L. J. 
 Exch. 440. 
 
 The allowance of a writ of error is sufficient to render a 
 sheriff executing a fi.fa., after notice of such allowance, liable 
 in an action of trespass, without any writ of supersedeas being 
 issued, and notice to the sheriff is notice to the officers executing 
 the process. Belshaw v. Mar-shall, 1 N. & M. 689 ; 4 B. & Ad. 
 336. 
 
 A sheriff who seizes the goods of a debtor under a fi. fa. is 
 not, however, bound by an estoppel, which might have prevented 
 the debtor himself from claiming the goods. Richards v. John- 
 ston, 4 H. & N. 660 ; 5 Jur. N. S. 520 ; 28 L. J. Exch. 322. 
 
 The execution of a fi. fa. is good though the sheriff be a 
 trespasser, although in such a case the Court may, possibly, 
 exercise its summary jurisdiction to avoid the execution. Smith's 
 Leading Cases, 9th ed., Yol. I., p. 128. 
 
 Duties of Sheriff on Service of Notice of Receiving Order. 
 
 The Bankruptcy Act, 1890, provides by sect. 11, sub-sect. 1, Duties of 
 that " Where any goods of a debtor are taken in execution and t ods taken 
 before the sale thereof, or the completion of the execution by in execution 
 the receipt or recovery of the full amount of the levy, notice is no tice of 
 served on the sheriff that a receiving order has been made receiving 
 
 ° _ order. 
 
 against the debtor, the sheriff shall, on request, deliver the 
 goods and any money seized or received in part satisfaction of 
 the execution to the official receiver, but the costs of the execu- 
 tion shall be a first charge on the goods or money so delivered, 
 and the official receiver or trustee may sell the goods, or an 
 adequate part thereof, for the purpose of satisfying the charge ; " 
 and by sub-sect. 2 of the same section that, " Where under an 
 execution in respect of a judgment for a sum exceeding twenty 
 pounds, the goods of a debtor are sold or money is paid in order 
 to avoid sale, the sheriff shall deduct his costs of the execution 
 from the proceeds of sale or the money paid, and retain the 
 balance for fourteen days, and if within that time notice is 
 served on him of a bankruptcy petition having been presented 
 against or by the debtor, and a receiving order is made against 
 the debtor thereon or on any other petition of which the sheriff 
 
 g2
 
 84 
 
 WRIT OF FIERI FACIAS. 
 
 lias notice, the sheriff shall pay the balance to the official receiver, 
 or, as the case may be, to the trustee, who shall be entitled to 
 retain the same as against the execution creditor." 
 
 For notes and cases on this section, see under title " Bank- 
 ruptcy, &q." post, p. 359. 
 
 Sale. 
 
 Sale must Failing discharge of the claim by the execution debtor, and 
 
 ioilow seizure ° . , . n 
 
 ■within reason- subject to supervening claims, a sale by the sheriff must follow 
 a e une. seizure, and he must sell within a reasonable time and before 
 the return of the venditioni exponas or he will be liable to an 
 action (Jacobs v. Humphrey, 4 Tyr. 272 ; 2 C. & M. 413) ; and 
 see as to consequent damages, Bales v. Wingfield, 2 N. & I. 
 831 ; 8. P., Airefon v. Davis, 3 M. & Scott, 138 ; 9 Bing. 740. 
 As to delay in selling at the debtor's request, see Wright v. 
 Child, 1 L. R. Ex. 358; 35 L. J. Ex. 209 ; and as to postponed 
 sale, see Botten v. Tomlinson, 16 L. J. 0. P. 138. 
 If execution When the sheriff sells the goods of a debtor under an exe- 
 20/., sale to be cution for a sum exceeding 20/. (including legal incidental 
 by auction. expenses), the sale shall, unless the Court from which the 
 process issued otherwise orders, be made by public auction, and 
 not by bill of sale or private contract, and shall be publicly 
 advertised by the sheriff on and during three days next preced- 
 ing the day of sale. Bankruptcy Act, 1883, s. 145 ; and see 
 Ex parte Berthier, 7 Ch. D. 882 ; Turner v. Bridget!, 8 Q. B. D. 
 392 ; Mostyn v. Stock, 9 U. B. D. 432 ; Ex parte Villa rs, L. R. 
 9 Ch. 432 ; 43 L. J. Bank. 76 ; Jones v. Parcel!, 11 Q. B. D. 430 ; 
 and Ex parte Hall, 14 Ch. D. 132. 
 
 And see as to application under this section to sell goods by 
 private contract, Hunt v. Clifford, W. N. (1884) 86 ; the Bank- 
 ruptcy Act, 1890 (53 & 54 Vict. c. 71), s. 12 ; and Ord. XLIII. 
 rr. 8—15 of E. S. C, 1883. 
 
 Rule 8 of these rules directs the application to be by sum- 
 mons, a copy of which must be served on the sheriff, who must 
 then send to the applicant a list of the names and addresses of 
 all persons who have lodged writs of execution against the 
 debtor with him. Rule 12 enables the sheriff to be heard on 
 the hearing of the summons. 
 
 Moreover, in Edge v. Kavanagh, 24 L. R. Ir. 1, the Court set 
 aside the sheriff's public sale under a fi. fa. of the execution 
 debtor's chattel interest in a farm of land on the ground that
 
 SALE. 85 
 
 the sheriff did not take reasonable and proper care to advertise 
 the sale and that the farm was sold at an undervalue. But in 
 Cramer v. Murphy, 20 L. R. Ir. 572, where, after two adjourn- 
 ments for want of bidders, the sheriff sold debtor's chattel interest 
 in a farm, admittedly of value, for a sovereign, the Court, in 
 the absence of evidence of collusion, refused to set aside the sale. 
 If the sheriff sells goods seized under the same writ on different 
 days, all the sales will be considered as one transaction. In re 
 VilZars, Ex parte Rogers, L. R. 9 Oh. 432 ; 43 L. J. Bk. 76 ; 
 30 L. T. 348 ; 22 W. R. 603. 
 
 In an Irish case it has been held that a sale should, as a rule, 
 take place on the execution debtor's premises ; but where there 
 is good and sufficient reason for so doing, or the execution cre- 
 ditor assents, the effects may be removed to a more suitable 
 place for sale. See Re Purcell, 13 L. R. Ir. 489. 
 
 It would certainly be better that the sheriff should obtain the 
 debtor's licence to hold the sale upon his premises, as there 
 appears to be some doubt as to his authority to use the premises 
 for the purpose of a sale. 
 
 The Court will not interfere to restrain a sheriff from selling 
 goods, under afi.fa., on an offer of indemnity by a third person 
 claiming the goods. Harrison v. Forster, 4 I). P. C. 558 ; 1 H. 
 & W. 650. 
 
 The sheriff must not sell goods greatly under their value, Sheriff must 
 and if he cannot obtain a reasonable price he should return that ^° e atj y under 
 he has taken goods which " remain in his hands for want of value, 
 buyers and wait until he has been served with a writ of 
 venditioni earponas, under which he will be obliged to sell them 
 for whatever price may be offered." 14th ed. Chit. Archb. 
 p. 840. But where a sheriff retained seized effects because of 
 his considering a sale effected by his broker fraudulent, it was 
 held that he was not justified in returning that the seized effects 
 remained in his hands for want of buyers, but that he should 
 have applied to the Court for further time on account of the 
 special and unforeseen circumstances of the case ; whilst the 
 inadequate price offered is in such a case the proper measure of 
 damages in an action for false return. Barnard v. Leigh, ante, 
 p. 78. 
 
 Prima facie, a sheriff's sale is to be considered to be for ready 
 money and immediate delivery, and he is not justified after he 
 has sold as much as apparently satisfies the writ in going on to 
 sell more upon a speculation that it is possible that actual
 
 86 
 
 WKIT OF FIERI FACIAS. 
 
 delivery of such goods, as he has already sold, may be prevented 
 by loss or accident. Aldred v. Countable, 6 Q,. B. 370 ; 8 Jur. 
 956. 
 Sheriff not to It is the duty of the sheriff's officer to stop the sale as soon as 
 necessary. " sufficient money is raised. Cook v. Palmer, 6 B. & C. 739; 9 D. 
 & R. 723 ; per Dallas, C. J., in Stead v. Gascoigne, 8 Taunt. 527, 
 "A sheriff has no right to sell more than necessary ;" and see on 
 this point Ga/rler v. Chaplin, ante, p. 66. And if a sheriff sells 
 more goods than are sufficient to satisfy an execution, he is liable 
 in trover in respect of the excess. Batchelor v. Vyse, 4 M. & 
 Scott, 552. 
 
 The execution creditor is not precluded from becoming the 
 purchaser of the seized property. Stratford v. Twt/nam, Jac. 
 418 ; and see In re Vitlars, Mr parte Rogers, ante, p. 85. 
 
 Bills of sale by the sheriff are not, it seems, necessary, except 
 in the case of ships and shares of ships, and where the sold pro- 
 perty is a term of years or any other kind of chattel real ; and, 
 where necessary, such bills of sale should apparently be attested 
 in manner provided for by the Bills of Sale Act, 1878. 
 
 In the case of a bill of sale of chattels executed by an under- 
 sheriff in the name of the sheriff, it is unnecessary to prove the 
 latter's authority. Wood v. Renceliffe, 11 Jur. 707. And when 
 a bill of sale is made by a sheriff's officer, the Court will pre- 
 sume that he was duly authorized to make it. Robinson v. 
 Collingwood, 17 C. B. (X. S.) 777. Moreover, a bill of sale 
 signed by the deputy of the under-sheriff is valid. Cookson v. 
 Fryer, 1 F. & F. 328. 
 
 An action does not lie against the sheriff upon a promise to 
 execute a bill of sale to the plaintiff's nominee. Cameron v. 
 Reynolds, Cowp. 406. 
 
 " In the case of sales by sheriffs of goods and chattels taken 
 in execution, the sheriff does not impliedly warrant his title to 
 sell, or warrant the purchaser against eviction ; he merely pro- 
 mises that he does not, at the time he sells, know of any defect 
 in his authority, or that he has no right or title to sell." Addison 
 on Contracts, 9th ed. p. 545. 
 
 " An execution levied by seizure and sale on the goods of a 
 debtor is not invalid by reason only of its being an act of bank- 
 ruptcy, and a person who purchases the goods in good faith 
 under a sale by the sheriff shall in all cases acquire a good title 
 to them against the trustee in bankruptcy." Bankruptcy Act, 
 1883 (46 & 47 Yict. c. 52), s. 46, sub-s. 3.
 
 SALE. 87 
 
 The sheriff must not stay an unreasonahle time on the pre- Sheriff not to 
 mises after seizure and sale. Phyfair v. Mmgrove, ante, p. 78 ; reasonable 
 and see -judgment of Pollock, 0. B., in that case. And see under t ™ e after , 
 this head, Duncan v. Garratt, 1 C. & P. 169, and Farebrother v. sale. 
 Annie;/, 1 Camp. 343. And a sheriff who has remained in posses- 
 sion for an unreasonahle period at the instance of the execution 
 creditor, and without the debtor's consent, is not entitled under 
 sect. 46 of the Bankruptcy Act, 1883 (see now sect. 11 of the 
 Bankruptcy Act, 1890), to charge against the debtor the costs 
 of retaining such possession beyond what is a reasonable time. 
 In re Finch, Ex parte The Sheriff of Essex, 65 L. T. 466; 40 
 W. E. 175 ; 8 M. B. E. 284. 
 
 A writ of firri facias, returnable "immediately after the exe- 
 cution thereof," is not, however, executed until the whole amount 
 indorsed is levied under it, and may, if in the hands of the 
 sheriff, be put in force after the levy of a part. Jordan v. 
 Binckes, 18 L. J. (N. S.) Q. B. 277 ; 7 Dowl. & L. P. C. 30. 
 
 The purchaser from the sheriff is bound to remove the goods Purchaser 
 within a reasonable time ; and if he leaves goods on demised ^ods^Tthin 
 premises for his own convenience, the landlord can distrain on reasonable 
 them. Ex parte The Pollen Trustees, Re Davis, 55 L. J. Q. B. 
 217: 54 L. T. 304. 
 
 Reporting result of Execution, &c, Return, and accounting for 
 
 Proceeds. 
 The sheriff must, as early as practicable, report to the execu- When result 
 
 tion creditor, or his solicitor, the actual result of the execution, ? execution 
 
 ' to be reported, 
 
 and, subject to the provisions of sect. 11 of the Bankruptcy Act, 
 1890 (a), also promptly transmit the amount obtained, less his and amount 
 fees and expenses (/>). And in Stockdah v. Hansard, 3 P. & D. J^jj^j^ 
 330 ; 8 D. P. C. 522 ; 11 A. & E. 253, it was held that a reso- 
 lution of the House of Commons ordering the sheriff to refund 
 to the defendants, who were printers to the House of Commons, 
 the amount levied upon their goods, did not authorize the sheriff 
 to withhold the payment of the proceeds of the levy to the exe- 
 cution creditor. 
 
 After a return to a,f.fa. that the money is levied, the sheriff 
 
 (a) See under title " Bankruptcy," post, pp. 359 et seq. 
 
 (b) As to sheriffs' fees, see under title "Sheriffs' Fees, &c," post, 
 p. 506.
 
 88 
 
 WEIT OF FIERI FACIAS. 
 
 Action for 
 money levied 
 to be com- 
 menced with- 
 in six years. 
 
 Return of 
 writ. 
 
 is liable to an action for it, without any demand of payment. 
 Bale v. Birch, 3 Camp. 347. But in an action brought against 
 the sheriff for money levied under a fi. fa. without any previous 
 demand, the Court will stay the proceeding upon payment of 
 the sum levied without costs. Jefferies v. Sheppard, 3 B. & A. 
 696. 
 
 Although there may be strong reason to believe that a fi. fa. 
 had been issued in order to defraud the execution of a bona fide 
 creditor, and that the sheriff is a party to the fraud, the Court 
 will not interfere summarily to compel the sheriff to pay over 
 the proceeds of the levy to the bona fide creditor ; but the ques- 
 tion of fraud must be tried by a jury. Barber v. Mitchell, 2 
 D. P. C. 574. 
 
 By 3 & 4 Will. 4, c. 42, s. 3, an action for money levied on 
 any fi. fa. shall be commenced and sued out within six years 
 after the cause of such action. And see Rules of Supreme Court, 
 1883, Ord. LII. r. 2, and in connection therewith Belinar v. 
 Frcemantle, 3 Ex. D. 237 ; 47 L. J. Ex. 767 ; 26 W. R. 683. 
 
 A sheriff cannot be held liable for the non-return of a writ of 
 fi. fa. until he has been called upon, and has neglected to make 
 a return, and such neglect as will give a cause of action must be 
 specifically alleged in the statement of claim. Shaw v. Kirby, 
 ante, p. 82. The defendant as well as the plaintiff may rule 
 the sheriff to return the writ. France v. Clarkson, 2 D. P. C. 
 532 ; and see Edmunds v. Watson, 2 Marsh. 330 ; 7 Taunt. 5 ; 
 and Richardson v. Trundle, 8 C. B. N. S. 474 ; 29 L. J. C. P. 
 310. 
 
 Where, however, a sheriff has applied to the Court under the 
 Interpleader Act, and his rule is discharged, he is entitled to a 
 reasonable time for the return of the writ after the disposal of 
 the rule, before an attachment can issue against him. Rex v. 
 Hertfordshire {Sheriff), 5 Dowl. P. C. 144. And see as to 
 return in the case of interpleader proceedings, Clearer v. Fisher, 
 2 Dowl. N. S. 292 ; and Angell v. Baddeley, 3 Ex. D. 49 ; 47 
 L. J. Ex. 86. 
 
 And no sheriff shall be liable to be called upon to make a 
 return of any writ of process, after the expiration of six 
 months from the date at which he ceases to hold office. Sheriffs 
 Act, 1887, s. 28 (3). Rex v. Jones, 2 T. E. 1 ; 1 E. E. 411. It 
 was held under the earlier Act (20 Geo. 2, c. 37) that these 
 months are lunar months : Rex v. Adderley, 2 Doug. 463 ; but 
 see also Webb v. Fainnancr, 3 M. & W. 473.
 
 REPORTING RESULT OF EXECUTION, ETC. 89 
 
 The fact of a compromise between the parties, or of a claim 
 for rent by the landlord, does not relieve the sheriff from the 
 necessity of making a return. Bakon v. Meggat, 3 D. P. C. 557. 
 
 When a sheriff has appointed a special bailiff to execute a writ 
 oifi.fa. at the request and peril of the plaintiff, he should move 
 to set aside any rule subsequently obtained by the plaintiff upon 
 him to return the writ. If, instead of doing so, he returns that 
 he appointed a special bailiff, to whom he refers as to the execu- 
 tion of the writ, the return may be set aside, even on motion by 
 the plaintiff. Tait 8f Co. v. Mitchell, 22 L. E. Ir. 327. 
 
 " A sheriff shall not return to a writ that he has delivered 
 it to a bailiff of some liberty not heretofore recorded, in the 
 Exchequer." Sheriffs Act, 1887 (50 & 51 Yict. c. 55), s. 10, 
 sub-s. 2. In making a return, a reasonable degree of certainty 
 is sufficient. Reynolds v. Barford, 8 Scott, N. P. 233 ; 7 M. & 
 Gr. 449 ; 13 L. J. C. P. 177. It is no part of a sheriff's duty 
 to annex the officer's name to the return. Hill v. Middlesex 
 {Sheriff), Holt, 217; 7 Taunt. 8. If the sheriff returns that 
 the premises of the defendant are so barricaded that he is 
 unable to ascertain whether the defendant has goods within the 
 bailiwick on which a levy may be made, it is a bad return, as 
 he should state either that the defendant has goods or that he 
 has none. Munk v. Cass, 9 D. P. C. 332. 
 
 The sheriff's return of nulla bona is prima facie evidence that Return of 
 the party had no goods at that time. Arril v. Mordant, 3 L. J. nulla bona - 
 (N. S.) K. B. 148 ; S. C, 3 N. & M. 871. In other words, the 
 meaning of a return of nulla bona is that there are no goods 
 applicable to the plaintiff's writ. S/ialfock v. Garden, 6 Ex. 
 720 ; 2 L. M. & P. 466 ; 21 L. J. Ex. 200. 
 
 Nulla bona is a proper return where the sheriff has paid the 
 proceeds of an execution either in discharge of rent or of a prior 
 writ. Wintle v. Freeman, 1 Gk & D. 93; 11 A. & E. 539; 
 Eeenan v. Evans, 4 Scott, N. P. 2 ; 1 Dowl. N. S. 204 ; 11 L. J. 
 (N. S.) C. P. 1 ; and per Cave, J., In re Pearce, Ex parte Cross- 
 thwaite, 14 Q. 13. D. 969. 
 
 Where, however, a sheriff, after being ruled to make a return 
 to a Ji.J'a., made a return that he had sold the goods seized, and 
 had received for them sufficient to satisfy the moneys directed 
 to be levied, but that he afterwards had notice from the land- 
 lord that two quarters' rent was due, that ho had applied to the 
 landlord, but had not been permitted by him to have evidence 
 of his claim, and that though he, the sheriff, had used due
 
 90 
 
 WEIT OF FIERI FACIAS. 
 
 Return of 
 withdrawal 
 from posses 
 sion. 
 
 diligence, he was unable to ascertain whether the landlord had 
 any claim in respect of the rent, the Court quashed the return 
 for insufficiency, and allowed an attachment to issue. Mall v. 
 Crawley, 11 W. P. 344 ; and see Hall v. Sadden, 7 L. T. N. S. 
 721. And the return of nulla bona was upheld where, the 
 sheriff having entered under a fi. fa., the officers of the Customs, 
 before sale by him, seized the goods in his possession under a 
 warrant to levy a penalty incurred by the defendant for an 
 offence against the revenue laws. Grove v. Aldridge, 2 L. J. 
 (N. S.) C. P. 44 ; S. C, 9 Bing. 428 ; 2 M. & Scott, 568. 
 
 Where a sheriff returns nulla bona it is sufficient prima facie 
 evidence for the plaintiff to prove that the sheriff seized the 
 goods. Stubbs v. Lainson, 2 Gale, 122 ; 1 M. & W. 728. If a 
 sheriff returns a seizure under that and another writ, it is bad. 
 Wintle v. Chetwynd {Lord), 7 Dowl. P. C. 554; 1 Will. Woll. & 
 H. 581. But it is a sufficient return that he has seized goods 
 of the defendant by virtue of several previous writs of fieri facias 
 according to their priority [Chambers v. Coleman, 9 D. P. C. 588 ; 
 and In re Pearce, Ex parte Crossthwaite, 14 Q. B. D. 966) ; and 
 see, as to return in case of sheriff's concurrent receipt of several 
 writs, Ashcorth v. Uxbridge, ante, p. 64. The sheriff ought in all 
 cases to return some value to the goods seized, but the omission 
 to do so is an irregularity only, and not a nullity. Chambers v. 
 Coleman, ante; and see Barton v. Gill, 1 D. & L. 593; 12 M. & 
 W. 315; 13 L. J. Ex. 83. 
 
 Moreover, where there are two writs, and the goods remain in 
 the sheriff's hands for want of buyers, he must make some 
 return as to the value of the goods, although he will not be 
 bound by the amount stated. Wintle v. Chetwynd, ante. See 
 also Barnard v. Leigh, ante, pp. 78, 85. 
 
 A return of withdrawal from possession in pursuance of an 
 order from the execution creditor's solicitor is good. Levy v. 
 Abbott, 7 D. & L. 185 ; 4 Ex. 588 ; 19 L. J. Ex. 62. 
 
 The Court will not compel the sheriff to give a specific return 
 of the particulars and proceeds of goods sold under a fi. fa. on 
 the ground that his officer has wasted the goods. Willett v. 
 Sparrow, 2 Marsh. 293 ; 6 Taunt, 576. 
 
 Where a sheriff returns that he has retained a sum for 
 possession money, it is no ground for quashing the return that 
 the plaintiff is charged with more possession money than the 
 amount payable by him for keeping possession. lb. 
 
 Where a sheriff had failed to make any return to a writ of
 
 EEPORTING RESULT OF EXECUTION, ETC. 91 
 
 fi.fa.y notwithstanding an order of course directing him to make 
 his return forthwith, he was, upon an application ex parte 
 against him for an order nisi, directed, upon the authority of 
 Evans v. Davies (7 Beav. 81), to pay both the costs of the order 
 nisi and of the previous order. In re He iron'* Estate, Hall v. 
 Ley, 12 Ch. D. 795 ; 48 L. J. Ch. 688. 
 
 It is a sufficient answer to an attachment for not returning 
 a writ that it was never turned over to the sheriff by his 
 predecessor. Thomas v. Newman, 2 Dowl. N. S. 33. 
 
 An attachment against a late sheriff for disobedience to a 
 judge's order calling on the " sheriff " to return a writ instead 
 of " the late " sheriff is irregular, and may be set aside, though 
 the sheriff has not applied to set aside the order. Reg. v. 
 Cornwall {Sheriff), 7 1). P. C. 600; and see Yaroth v. Hopkins, 
 
 2 0. M. &E. 250; 3D. P. C. 711. 
 
 The act of ruling the sheriff to return a fi. fa. does not estop 
 the plaintiff from showing that the writ was not a good writ, 
 neither does the filing it of record affirm the existence of a void 
 writ. Jones v. Williams, 8 M. & W. 340 ; 9 D. P. C. 702. 
 
 And a plaintiff who has ruled a sheriff to return a writ of 
 fi.fa., which the latter has omitted to do at the time specified, 
 does not waive his right of attachment by afterwards directing 
 the sheriff to proceed with the execution. Hou-itt v. Rickaby, 
 11 L. J. (N. 8.) Ex. 73; 9 M. & W. 52. 
 
 And see as to liability for not returning a fi.fa., R. v. Sheriff Liability for 
 of Devon, Nathan v. Ehoorthy, 17 L. J. (N. S.) C. P. 116; and not rcturning - 
 Reg. v.Essex {Sheriff), 8 Scott, 363; 6 Bing. N. C. 150; 8 
 D. P. C. 5. 
 
 No action is maintainable, without an averment of special Action 
 damage, against a sheriff for a false return to a, fi.fa., where no far false 
 damage could necessarily result to the creditor. Wylie v. Birch, return - 
 
 3 Gh & D. 629 ; 4 Q. B. 566 ; 12 L. J. Q. B. 260 ; and see 
 Stimson v. Farnham, L. It. 7 Q. B. 175 ; 41 L. J. Q. B. 52. 
 
 If after a return to a fi.fa. that part only of a debt has been 
 levied, and that the debtor has not goods whereon the whole 
 can be levied, the creditor accepts that part on account, he does 
 not thereby waive his right of action for a false return. Holmes 
 v. Clifton, 4 P. & D. 112; 10 A. & E. 673 ; 2 P. & D. 556; 
 and see as to levying part only of the debt and false return, 
 Shale v. Hawley, 14 L. J. (N. S.) Ex. 217 ; 13 M. & W. 757. 
 And an action lies against the sheriff for a false return to a 
 fi.fa. notwithstanding the plaintiff, before commencing the suit,
 
 92 WRIT OF FIERI FACIAS. 
 
 has charged the original defendant in execution. Wordall v. 
 Smith, 1 Camp. 332. 
 
 Under the plea of " not guilty " in an action against the 
 sheriff for a false return to a writ of fieri facias, the only matter 
 in issue is the fact of the sheriff having made a false return. 
 Wright v. Lainson, 6 L. J. (N. S.) Ex. 197 ; 2 M. & W. 739 ; 
 and see Lewis v. Alcock, 7 L. J. (N. S.) Ex. 55 ; 3 M. & W. 
 188. 
 
 In an action against the sheriff for a false return of nulla 
 bona to a writ of fieri facias, the allegation in the declaration 
 that the defendant took goods and chattels, in execution, of the 
 value of the moneys indorsed on the writ, " and then levied the 
 same thereout," imports not only a seizure and a sale under the 
 plaintiffs writ, but also that the sheriff had in his hands the 
 proceeds of the sale, for the purpose of handing them over to 
 the plaintiff. Brewe v. Lainson, 9 L. J. (N. S.) Q. B. 69 ; 11 
 Ad. & E. 529 ; 3 P. & D. 245. 
 
 The Court will not try on affidavit whether the return made 
 by a sheriff to a writ is false, even though a strong case is 
 made out showing fraud and collusion ; but the party must 
 resort to his remedy by action, and if the sheriff takes on 
 himself to state facts which constitute a good return in point 
 of law, the only remedy is by an action for a false return. 
 Goubot v. De Crony, 2 D. P. C. 86 ; 1 C. & M. 772 ; 3 Tyr. 
 906. 
 
 When the solicitor of a judgment creditor delivered to the 
 sheriff a fi. fa. returnable on a day certain, with directions by 
 letter not to execute it till the return, unless another execution 
 should come in the meantime, and afterwards sent in an alias 
 accompanied with the same directions, and the sheriff upon 
 another execution coming in issued warrants on and executed 
 both writs on the same day, giving precedence to the last execu- 
 tion, and satisfying that wholly first out of the money levied, and 
 then paid over the remainder in part satisfaction of the execution 
 first delivered, and returned that payment and nulla bona as to 
 the residue : — Held, that the plaintiff could not maintain an 
 action against the sheriff for a false return, and that a nonsuit 
 on that ground had been properly directed. Pringle v. Isaac, 11 
 Price, 445. 
 
 In Eemmett v. Laurence, 15 Q. B. 1004; 20 L. J. Q. B. 25; 
 14 Jur. 1067, a sheriff returned to a fi. fa. against W., that 
 before the delivery thereof to him another fi. fa. against W.
 
 REPORTING RESULT OF EXECUTION, ETC. 93 
 
 was delivered to him, and that by virtue thereof he seized the 
 goods of W. In an action against the sheriff for a false return : 
 — held, that the sheriff was not estopped by his return from 
 showing that the goods seized under the first writ were not the 
 goods of W. 
 
 If in an action for a false return of nulla bona to a fi.fa. the 
 plaintiff shows the debtor to be possessed of certain goods, it is 
 no defence for the sheriff to show a prior execution to an 
 amount of greater value, if to that execution the sheriff also 
 returned nulla bona, nor if the sheriff has the proceeds of the 
 goods in his hands. Nor is it any defence to an action for a 
 false return of nulla bona to a fi. fa. to show that it was 
 delivered at the sheriff's office at a quarter past five o'clock on 
 the day on which it was returnable. Toicne v. Croicder, 2 
 C. & P. 355. And where in an action against a sheriff for a 
 false return of nulla bona, the defence is that at the time of 
 receiving the plaintiff's writ the sheriff had in his hands other 
 writs of execution, to an amount sufficient to cover the whole of 
 the defendant's property, the plaintiff may give evidence to 
 show that those other judgments and executions were fraudulent 
 and void against creditors, without proving that the sheriff was 
 party to the fraud. Imray v. Magna y, 2 Dowl. N. S. 531 ; 11 
 M. & W. 267 ; 12 L. J. Exch. 188. 
 
 It, moreover, appearing in the latter case [Imray v. Mag nay) 
 that the sheriff handed over the money in defiance of notice to 
 retain the proceeds in his hands until the first execution was set 
 aside, he was held liable for misconduct in lending himself to 
 the other party. And see Warmott v. Young, 8 D. & R. 442 ; 
 5 B. & C. 660 ; see also Shattoek v. Carden, 21 L. J. (N. S.) Ex. 
 200 ; 6 Ex. 725 ; and Christopherson v. Burton, ante, p. 64. 
 
 And see as to actions for false return of nulla bona in connec- 
 tion with priority of executions, Saunders v. Middlesex [Sheriff), 
 3 B. & A. 95 ; and Dennis v. Whetham, L. R. 9 Q. B. 345 ; 43 
 L. J. Q. B. 129. See also as to false return, Kelly v. Broicne, 
 12 L. R. Ir. 348, 354 ; Harrison v. Paynter, ante, pp. 64, 72 ; 
 Levy v. Hale, 29 L. J. (N. S.) C. P. 127 ; 1 L. T. N. S 
 132; Barnard v. Leigh, ante, pp. 78, 85; Wylie v. Pearson, 
 Dowl. N. S. 807 ; 6 Jur. 806 ; and Jones v. Clayton, 4 M. & S. 
 349. 
 
 In discussing a rule nisi for an attachment against a sheriff 
 for an insufficient return to a writ, the Court will not take 
 cognizance of the return unless an office copy is produced,
 
 94 WRIT OF FIERI FACIAS. 
 
 verified by affidavit by a party as to Iris belief that no sufficient 
 return has been made. Wilton v. Chambers, 5 N. & M. 431 ; 
 1 H. & W. 582. 
 
 If a sheriff continues in possession after the return day of 
 the writ, that irregularity makes him a trespasser ah initio, but 
 will not support the allegation of a new trespass committed by 
 him after the acts which he justifies under the execution. 
 Aitkenhead v. Blades, 5 Taunt. 198 ; 1 Marsh. 17. 
 
 As to sheriff's liability to pay oyer amount levied, see ante, 
 pp. 87 et seq. 
 
 As to " Eules to Eeturn " and " Attachment of Sheriff," see 
 under " Liability and Eights of Sheriff and Eemedies against 
 Sheriff," post, p. 494. 
 
 Forms of Return. 
 
 1 . Return of Fieri Feci. 
 
 By virtue of this writ to me directed, I have caused to be made 
 of the goods and chattels of the -within-named C. D. the moneys [or 
 " £ "] and interest within mentioned, which I have ready at 
 
 the day and place within mentioned, to be rendered to the within- 
 named A. B., as I am within commanded. 
 
 The answer of S. S., Esq., Sheriff. 
 
 2. Return of Nulla Bona. 
 
 The within-named C. D. has no goods or chattels in my bailiwick 
 whereof I can cause to be made the moneys [or " £ "] and 
 
 interest within mentioned, or any part thereof, as I am within com- 
 manded. 
 
 The answer of S. S., Esq., Sheriff. 
 
 3. Return of Fieri Feci for Part and Nulla Bona as to Residue. 
 
 By virtue of this writ to me directed, I have caused to be made 
 of the goods and chattels of the within-named C. D. to the value of 
 £ which said money I have ready at the day and place 
 
 ■within mentioned, to be rendered to the -within-named A. B. and I 
 further certify and return that the said C. D. hath no more goods 
 or chattels in my bailiwick, whereof I can cause to be made the 
 residue of the within-mentioned moneys [or " £ '] and interest 
 
 or any part thereof, as I am within commanded. 
 
 The answer of S. S., Esq., Sheriff. 
 
 4. Return of Fieri Feci for Part and that Sheriff has paid Part of 
 Sum levied to the Landlord for Rent, and a Retainer for Pound- 
 age, Sfc. 
 By virtue of this writ to me directed, I have caused to be made 
 of the goods and chattels of the within-named C. D. to the value
 
 FORMS OF RETURN. 
 
 of £ ; £ , part whereof, I have paid to L. L. the land- 
 
 lord of the premises on which the said goods and chattels were 
 seized under the said writ, for rent (not exceeding for one year) due 
 to him for the said premises on last, and £ further 
 
 part whereof, I have retained in my hands for poundage, officer's 
 fees, costs of levying, and other my expenses of the execution ; and 
 £ , the residue whereof, I have ready at the time and place 
 
 within mentioned to be rendered to the within-named A. B. as 
 within commanded. And the said C. D. hath not any more goods 
 or chattels in my bailiwick, whereof I can cause to be made the 
 residue of the within moneys [or " £ "] and interest, or any 
 
 part thereof, as I am within commanded. 
 
 The answer of S. S., Esq., Sheriff. 
 
 5. The Like, for Rent and Taxes; to be annexed to the Writ. 
 
 I certify and return, that, by virtue of the writ hereto annexed, I 
 have caused to be made of the goods and chattels of C. D. in the 
 said writ named in my bailiwick, to the value of £ ; £ 
 
 part whereof, at the request of the said within-named A. B. I have 
 paid to L. L. of the landlord of the premises whereon the 
 
 goods and chattels were seized for rent (not exceeding for one year) 
 due to the said landlord for and in respect of the said premises on 
 last, and which said premises at the time of the seizure by 
 me of the said goods and chattels, under and by virtue of the said 
 writ, were in the tenure and occupation of the said C. D. as tenant 
 thereof to the said L. L. ; £ further part whereof, I have 
 
 paid for taxes (not exceeding one year) due from the said C. D. to 
 her Majesty ; £ further part whereof I have retained for 
 
 poundage, officer's fees, costs of levying, and other my expenses of 
 the execution ; and £ , residue thereof, I have paid to the 
 
 said A. B. [or, if not already paid, see the next form]. And 1 further 
 certify that the said C. D. hath no more goods or chattels in my 
 bailiwick whereof I can cause to be made the residue of the said 
 moneys [or " £ "] and interest, or any part thereof. 
 
 By the same sheriff. 
 
 [Make the following indorsement on the writ] : — The execution of 
 this writ appears in the schedule hereunto annexed. 
 
 The answer of S. S., Esq., Sheriff. 
 
 6. The Like, for Taxes only. 
 
 By virtue of this writ to me directed, I have caused to be made 
 of the goods and chattels of the within-named C. 1). to the value of 
 £ ; £ part whereof, I have paid to L. L. for Queen's 
 
 taxes (not exceeding for one year) due for and in respect of the 
 premises whereon the goods and chattels were seized by me at the 
 time of seizing the said goods and chattels and £ further 
 
 part whereof I have retained in my hands for poundage, officer's 
 fees, costs of levying, and other my expenses of the execution, and 
 £ , the residue of the said £ ,1 have ready at the time 
 
 and place within mentioned, to be rendered to the said A. B. as I 
 am within commanded : And the said C. D. hath not any more 
 goods or chattels in my bailiwick whereof I can cause to be made
 
 96 WRIT OF FIERI FACIAS. 
 
 the residue of the within-mentioned moneys [or " £ "] and 
 
 interest, or any part thereof, as I am within commanded. 
 
 The answer of S. S. Esq., Sheriff. 
 
 7. Return of Fieri Feci as to Part, and an Interpleader Order as to 
 
 Residue. 
 
 I certify and return that by virtue of the writ hereunto annexed 
 I have caused to be made of the goods and chattels of C. D. 
 in the said writ named, to the value of £ ; £ , part 
 
 whereof I have retained in my hands for poundage, officer's fees, 
 costs of levying and other my expenses of the execution ; and 
 £ residue whereof, I have ready at the time and place 
 
 within mentioned to render to A. B. in the said writ named for 
 part of the moneys [or "£ "] and interest in the said writ 
 
 named. And I further certify, that I caused to be seized divers 
 other goods and chattels as and for the goods and chattels of the 
 said C. D. in my bailiwick, which were afterwards claimed by E. F. 
 as his goods and chattels. And I further certify and return that 
 in obedience to an interpleader order made in respect of that claim by 
 the Honourable Mr. Justice , a copy whereof is hereto annexed, 
 
 marked " B," I sold the same for the sum of £ , being the 
 
 best price I could obtain for the same, £ , part whereof, I 
 
 have paid and retained for fees and expenses for and on account of 
 the seizing and keeping possession and sale by auction of the said 
 goods and chattels ; and £ residue whereof, I have paid into 
 
 Court as the proceeds of the said goods and chattels [all this must 
 agree with the interpleader order\ And I further certify and 
 return, that the said C. D. hath not any more goods or chattels in 
 my bailiwick, whereof I can cause to be made the residue of the 
 moneys [or " £ "] and interest in the said writ mentioned or 
 
 any part thereof. 
 
 The answer of S. S., Esq., Sheriff. 
 
 8. Return that the Goods taken were Let to Defendant, and remain in 
 
 Sheriff's hands for want of Buyers, 
 
 By virtue of this writ to me directed, I have taken in execution 
 the interest and property of the within-named C. D. of and in 
 certain goods and chattels of E. F. now in a certain messuage and 
 premises situate at , in my bailiwick, subject to the right of 
 
 C. D. to use and enjoy the same during a certain term the said 
 goods and chattels having, before the said writ was delivered to 
 me, been demised and let by the said E. F. to the said 0. D. for 
 such term, which is still unexpired, and which said interest and 
 property of the said C. D. of and in the said goods and chattels 
 being of the value of the moneys [or " £ "] and interest 
 
 within mentioned [or "of the value of £ "], remains in my 
 
 hands unsold for want of buyers. {If the value returned be less than 
 the amount of moneys and interest ordered to be levied by the writ, 
 proceed to return nulla bona for the residue as in No. 3, supra.) 
 Therefore I cannot have the money within mentioned before Our 
 Lady the Queen at the day and place within mentioned, as I am 
 within commanded. 
 
 The answer of S. S., Esq., Sheriff.
 
 FORMS OF RETURtf. 07 
 
 9. Return that the Sheriff has taken Goods, ivhich remain in his hands 
 
 for want of Buyers. 
 
 By virtue of this writ to me directed, I have taken goods and 
 chattels of the within-named C. D. in my bailiwick to the value 
 of £ [or " of the moneys "] and interest within mentioned, 
 
 which goods and chattels remain in my hands unsold for want of 
 buyers. Therefore I cannot have that money \or " those moneys 
 and interests "] before Our Lady the Queen at the day and place 
 within mentioned, as I am within commanded. {If the value 
 returned he less than the amount of moneys and interests ordered to 
 he levied hy the writ, proceed to return nulla bona for the residue, 
 as in Form No. 3, supra.) 
 
 The answer of S. S., Esq., Sheriff. 
 
 10. The Like, where part of the Goods have been Sold and the rest 
 
 remain in hand, Sfc. 
 
 By virtue of this writ to me directed, I have caused to be made 
 of the goods and chattels of the within-named C. D. to the value of 
 £ , and have exposed them to sale from day to day, and have 
 
 thereof sold to the value of £ , which money I have ready 
 
 before Our Lady the Queen at the day and place within mentioned, 
 to be rendered to the within-named A. B. as I am within com- 
 manded ; and the residue of the said goods and chattels remain in 
 my hands unsold for want of buyers. {If the value returned be less 
 than the amount of moneys and interest ordered to be levied by the writ 
 make a return nulla bona for the residue, as in Form No. 3, supra.) 
 
 The answer of S. S., Esq., Sheriff. 
 
 11. Return of Seizure under a prior Writ, and that Goods are in 
 
 hand Unsold for want of Buyers. 
 
 I certify and return to the within writ, that, before the delivery 
 to me thereof, another writ of fieri facias of Our Lady the Queen 
 was on delivered to me, against the goods and chattels of the 
 
 within-named C. D. in my bailiwick, at the suit of W. W. return- 
 able before Our Lady the Queen in the Division of the 
 High Court of Justice immediately after the execution thereof for 
 £ , together with interest as therein mentioned and indorsed 
 to levy £ , besides [Jj'c. as in indorsement] : And I further 
 certify and return, that by virtue of the within writ, I caused to be 
 seized and taken in execution goods and chattels of the said C. D. 
 in my said bailiwick, of the value of £ , which said goods 
 and chattels remain in my hands unsold for want of buyers. And 
 I further certify and return, that the said C. D. hath not any other 
 or more goods or chattels in my said bailiwick whereof I can cause 
 to be made the moneys [or "£ "] and interest within-mentioned, 
 or any part thereof as I am within commanded. 
 
 The answer of S. S., Esq., Sheriff. 
 
 12. The Like, and (hat the Defendant is a Beneficed Clerk. 
 
 The within-named C. D. has no goods or chattels, or any lay fee, 
 in my bailiwick which I can seize or take, or pay or deliver to the 
 M. II
 
 98 WRIT OF FIERI FACIAS. 
 
 within named A. B. or whereof I can cause to be made the moneys 
 [or " £ "] and interest within mentioned, or any part thereof, 
 
 as I am within commanded, but I do hereby certify, that the said 
 C. D. is a beneficed clerk, to wit, rector of the rectory [or " vicar of 
 the vicarage "] and parish church of in my county, which said 
 
 rectory [or "vicarage"] aud parish church are within the diocese 
 of the reverend father in God , by divine permission lord 
 
 bishop of [or " within the peculiar jurisdiction of the very 
 
 reverend the dean and chapter of the cathedral church of St. Peter 
 of York, and instituted to try them as ordinary," as the case may bc~\. 
 
 The answer of S. S., Esq., Sheriff. 
 
 13. Return of Mandavi Ballivo. 
 
 By virtue of this writ to me directed, I made my mandate to the 
 bailiff of the liberty of , in my county, to whom belongeth 
 
 the execution and return of all writs and processes within the said 
 liberty, and without whom no execution of this writ could be made 
 by me within the same, which said bailiff hath returned to me, that 
 by virtue of my said mandate to him thereupon directed as afore- 
 said, he hath caused to be made of the goods and chattels of the 
 within named C. D. the moneys [or " £ "] and interest within 
 
 mentioned, and that he hath that money ready before Our Lady the 
 Queen at the day and place within mentioned, as by my said 
 mandate it was commanded. 
 
 The answer of S. S., Esq., Sheriff. 
 
 Fees. 
 See under "Sheriffs' Fees, &e.," post, p. 506.
 
 99 
 
 Chapter V. 
 
 WRIT OF ELEGIT. 
 
 PAGE 
 
 Introductory ---------99 
 
 Forms of Writ 103 
 
 Execution of Writ : 
 
 Inquisition -------- 106 
 
 Charge to the Jury ------- 107 
 
 Juror's Oath and Affirmation - - - - - 107 
 
 What may be extended ------- 108 
 
 What may not be extended - - - - - -111 
 
 Adverse Claims 112 
 
 Several Writs and Priorities - - - - - -113 
 
 Finding of the Inquisition - - - - - -114 
 
 Delivery of the Lands 114 
 
 Return - - - - - - - - -114 
 
 Forms of Return - - - - - - -115 
 
 Fees - - 116 
 
 Introductory. 
 
 Elegit, the writ used when the judgment creditor desires to 
 proceed against the lands of the debtor, is the third of the writs 
 of execution enumerated in Ord. XLIL r. 8, of the Rules of 
 the Supreme Court, and derives its name from the words in the 
 form " chose {elegit) to be delivered to him." Under a writ of 
 fi.fa. the goods are sold and the proceeds of the sale paid to 
 the creditor in satisfaction of his debt ; but under a writ of 
 elegit the lands and (formerly) the goods themselves are deli- 
 vered into the hands of the creditor at a valuation. The pro- 
 visions of Ords. XLIL and XLIIL, and of the statutes 29 
 Car. 2, cc. 3, 7 ; 13 Eliz. c. 5, and 50 & 51 Vict. c. oo, apply- 
 equally to elegit and fi, fa., in which connection therefore see 
 under title " Writ of Fieri Facias,' 1 '' aide, pp. 52 et seq. 
 
 On receipt of the writ the sheriff must indorse upon it the Date to be 
 date of delivery as required by the Statute of Frauds, and ^2*8^. 
 also, if required, give the receipt prescribed by sect. 10 of the if required. 
 
 ii 2
 
 100 WRIT OF ELEGIT. 
 
 Sheriffs Act, ante, p. 57. Under the old law (Statute of 
 Westminster, 13 Edw. I. c. 18), this writ extended to the 
 debtor's goods and chattels, except his oxen and beasts of the 
 plough, and one-half of his lands ; but since 1 & 2 Vict. c. 110, 
 it has extended to the whole of his lands ; while sect. 146 of 
 the Bankruptcy Act, 1883 (46 & 47 Yict. c. 52), provides that 
 it shall not extend to goods. It is not, therefore, intended to 
 discuss that branch of the subject in this work, but the reader 
 may be referred to the last important case bearing on the 
 matter, Ex parte Abbott, 15 Ch. D. 447, and to Hough v. Windus, 
 12 Q. B. D. 224, where the above section of the Bankruptcy 
 Act was considered. 
 Process of The writ having been delivered to the sheriff of the county in 
 
 ■writ. which the lands are situated, he must forthwith proceed to 
 
 summon and impanel a jury to inquire what the lands are and 
 to ascertain their value. The inquisition having been held the 
 sheriff then makes a return to the writ, in which he states that 
 he has delivered the lands to the judgment creditor. The 
 return is the delivery of possession, and vests the land in the 
 judgment creditor until the debt and interest is satisfied (a), and 
 whenever this is done the judgment debtor enters into his land 
 again. " The sheriff does not give the creditor actual possession 
 of the land itself, but the effect of his return is, that it vests 
 the legal estate in the creditor. The creditor can then bring 
 ejectment, if it is an estate in possession, or he can sue for the 
 rent, if it is a reversion." Per Mellish, L. J., in Hat ton v. 
 Hay wood (L. R. 9 Ch. 236). If the interest of the debtor in 
 the lands consists of an equitable interest which is not extendible 
 at law, a receiver will be appointed by the Court on the appli- 
 cation of the creditor. The relief granted by the appointment 
 of a receiver, which is commonly called "equitable execution," is 
 not in fact execution, but equitable relief, which is granted be- 
 cause there is a hindrance in the way of execution at law. 
 Atkins v. Shephard, 43 Ch. D. 131. Since the coming into 
 operation of the Judicature Act, 1873 (36 & 37 Yict. c. 66), it 
 is not necessary for a judgment creditor, who seeks to obtain a 
 receiver of his judgment debtor's equitable interest in land, pre- 
 viously to sue out an elegit (Ex parte Evans, In re Wathins, 13 
 Ch. D. 252), and the Court may even grant a receiver where the 
 
 (a) For the purposes of the Bankruptcy Act execution is completed by 
 seizure and the creditor's title is completed, and delivery in execution is 
 " a seizure," although no return is made to the writ. Re Ilobson, 33 Ch. 
 D. 493 ; 55 L. J. Ch. 754.
 
 INTRODUCTORY. 101 
 
 party applying has a legal remedy, and could have obtained 
 possession under an elegit (b). In re Pope, 17 Q. B. D. 743 ; 55 
 L. J. Q. B. 522. 
 
 By 1 & 2 Viet. c. 110, s. 13, judgments are to operate as a Effect of 
 charge on real estate, subject to such charge not being enforce- i^on^he 
 able until after the expiration of one year, and to the protection land - 
 given by courts of equity to purchasers for valuable considera- 
 tion without notice. By 2 & 3 Vict. c. 11, s. 5, as against pur- 
 chasers and mortgagees without notice, no judgments, &c," 
 " shall bind or affect any lands, tenements or hereditaments or 
 any interest therein further or otherwise or more extensively in 
 any respect, although duly registered than a judgment of one 
 of the superior Courts aforesaid, would have bound such pur- 
 chaser or mortgagee before the said Act of the first and second 
 years of the reign of her present Majesty, where it has been 
 duly docketed according to the law then in force ;" whilst sect. 4 
 of that Act contains a provision for re-registration of judgments, 
 &c, every five years. By 3 & 4 Vict. c. 82, s. 2, no judg- 
 ment, decree, &c, is to aifect real estate as to purchasers, 
 mortgagees, or creditors, unless and until registered as therein 
 mentioned, " any notice of any such judgment, decree, order or 
 rule to any such purchaser, mortgagee or creditor in anywise 
 not withst anding. ' ' 
 
 By 18 Vict. c. 15, s. 4, no judgments, &c., registered under 
 3 & 4 Vict. c. 82, are to affect lands, &c, as to purchasers, &c, 
 until registered; and by sect. 5, purchasers, mortgagees and 
 creditors are protected against judgments not re-registered as to 
 lands, &c, notwithstanding notice of such judgments, &c. As 
 to judgments entered up after the 23rd of July, 1860, it is 
 provided by 23 & 24 Vict. c. 38, ss. 1 and 2, that, to affect 
 lands, &c, of whatever tenure as to bond fide purchasers for 
 valuable consideration, or mortgagees with or without notice of 
 the judgment, &c, writs of execution thereof must be registered 
 before the execution of the conveyance or mortgage, and pay- 
 ment of the conveyance or mortgage-money as therein men- 
 tioned. As to judgments entered up after the 29th of Jul}-, 
 1864, by 27 & 28 Vict. c. 112, ss. 1 and 3, such judgments are 
 not to affect land of whatever tenure until it shall have been 
 actually delivered in execution by virtue of a writ of elegit 
 or other lawful authority in pursuance of such judgment, &c, 
 
 (b) For further information on the subject of equitable execution ,seo 
 Edwards on Execution.
 
 102 WRIT OF ELEGIT. 
 
 and such writs of execution shall he registered in manner pre- 
 scribed hj 23 & 24 Yict. c. 38. And with regard to the neces- 
 sity of actual delivery in execution under the writ of elegit, 27 
 & 28 Yict. c. 112, makes no distinction in that respect between 
 hereditaments corporeal and incorporeal, and equitable interests 
 in land are also within that Act. Hatton v. Haywood, L. R. 9 
 Ch. 229 ; 43 L. J. Ch. 372. And see as to actual delivery 
 in execution within the meaning of 27 & 28 Vict. c. 112, In re 
 Bush, L. E. 10 Eq. 442 ; 39 L. J. Ch. 759 ; and Backhouse v. 
 SiddZe, 38 L. T. 487. 
 Writs and And now the Land Charges Registration and Searches Act, 
 
 SncUobe 1888 ( 51 & 52 Vici c - 51 )> provides, in section 5, for the esta- 
 registered, blishment of an Office of Land Registry, where writs and 
 orders affecting land must be registered and re-registered every 
 and to be yoid five years ; and section 6 renders void as against purchasers 
 chasers unless (including mortgagees, lessees, or other persons who, for value, 
 registered. take any interest in land, or in a charge on land), any writ and 
 order and delivery in execution or other proceeding taken in 
 pursuance of such writ or order, unless so registered. This last 
 section also contains a saving clause to protect the operation of 
 a writ or order registered under 27 & 28 Yict. c. 112, until the 
 expiry of the period for which it is registered. 
 
 Shortly, judgments entered up prior to the 23rd of July, 1860, 
 bind the land subject to the provisions for registration and for 
 the protection of purchasers and mortgagees set out above; 
 judgments entered up between the 23rd of July, 1860, and the 
 29th of July, 1864, do not bind the land until a writ of execu- 
 tion is issued and registered; judgments subsequent to the 29th 
 of July, 1864, do not affect land until actually delivered in 
 execution ; and the Act of 1888 (ante), requires the delivery in 
 execution and other proceedings to be registered in the Office of 
 Land Registry. 
 
 By 27 & 28 Yict. c. 112, ss. 4 and 5, a creditor, to whom land 
 is delivered in execution, is entitled to obtain, upon petition in a 
 summary way, a summary order for sale of his debtor's interest 
 in such land, subject to service of notice of such order for sale 
 on any other creditors entitled to the benefit of a charge on such 
 land through a judgment debt, &c. ; and parties claiming any 
 interest in such land through the debtor by any means subse- 
 quent to the delivery of such land in execution as aforesaid are 
 bound by such order for sale. And see In re Pope, 17 Q. B. D. 
 743 ; 55 L. J. Q. B. 522.
 
 INTRODUCTORY. 103 
 
 Forms of Writ. 
 
 1. Writ of Elegit. (Form No. 3, App. H. of E. S. 0. 1883, altered 
 in accordance with the provisions of the Bankruptcy Act.) 
 
 Victoria, by the grace of God, of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith. To the Sheriff 
 of greeting : 
 
 Whereas lately in our High Court of Justice in a certain action 
 [or certain actions as the case may be~\ there depending wherein 
 A. B. is plaintiff and C. D. defendant [or in a certain matter there 
 depending, intituled "In the matter of E. F." as the case may be~\ 
 by a judgment [or order as the case may be] of our said Court made 
 in the said action [or matter as the case may be] and bearing date 
 the day of it was adjudged [or ordered as the case 
 
 may be] that C. D. should pay unto A. B. the sum of £ 
 together with interest thereon after the rate of £ per centum 
 
 per annum from the day of together also with certain 
 
 costs as in the said judgment [or order as the case may be] men- 
 tioned and which costs have been taxed and allowed by one 
 of the taxing officers of our said Court at the sum of £ as 
 appears by the certificate of the said taxing officer dated the 
 day of _* And afterwards the said A. B. came into our said 
 Court and according to the statute in such case made and pro- 
 vided chose to be delivered to him all such lands, tenements, 
 rectories, tithes, rents and hereditaments including lands and here- 
 ditaments of copyhold or customary tenure in your bailiwick as 
 the said C. D. or any one in trust for him was seised or possessed 
 of on the day of in the year of Our Lord * or at *The day on 
 any time afterwards, or over which the said C. D. on the said which the 
 day of or at any time afterwards had any disposing power J u <l?ment or 
 
 • • n oi*u or w ii s 
 
 which ho might without the assent of any other person exercise for ma( j e _ 
 
 his own benefit, to hold to him the said goods and chattels as his 
 
 proper goods and chattels and to hold the said lands, tenements, 
 
 rectories, tithes, rents and hereditaments respectively according to 
 
 the nature and tenure thereof to him and to his assigns until the 
 
 said two several sums of £ and £ together with interest 
 
 upon the said sum of £ at the rate of £ per centum per 
 
 annum from the said day of and on the said sum of 
 
 £ (costs) at the rate of £4 per centum per annum from the 
 
 day of shall have been levied. Therefore we com- 
 
 mand you that without delay you cause to be delivered to the said 
 A. B. by a reasonable price (d) and extent (e) all such lands and 
 tenements, rectories, tithes, rents and hereditaments, including 
 lands and hereditaments of copyhold or customary tenure in your 
 bailiwick as the said C. D. or any person or persons in trust for 
 him was or were seised or possessed of on the said day of 
 
 * or at any time afterwards or over which the said C. D. *-^ s atove - 
 on the said day of * or at any time afterwards had *Do. 
 
 any disposing power which he might without the assent of any 
 
 (d) "Price" refers to goods and chattels, which, it will bo observed, 
 cannot now be seized under this writ. 
 
 (e) " Extent " refers to lands.
 
 104 WRIT OF ELEGIT. 
 
 other person exercise for his own benefit to hold the said lands, 
 tenements, rectories, tithes, rents and hereditaments respectively, 
 according to the nature and tenure thereof to him and to his assigns 
 until the said two several sums of £ and £ together 
 
 with interest as aforesaid shall have been levied. And in what 
 manner you shall have executed this our writ make appear to us in 
 our Court aforesaid immediately after the execution thereof under 
 your seals and the seals of those by whose oath you shall make the 
 said extent and appraisement. And have there then this writ. 
 Witness, &c. 
 
 2. Writ of Elegit. (Form No. 141, C. 0. E. 1886.) 
 
 Victoria by the grace of God, &c. 
 To the Sheriff of greeting. 
 
 Whereas lately in the Queen's Bench Division of our High Court 
 of Justice in a certain (/) wherein A. B. is (g) and 
 
 C. 1). is defendant by a (h) of our said Court made in the 
 
 said (/) and bearing date the day of 18 , it 
 
 was(s') that the said should pay unto certain costs 
 
 as in the said (h) mentioned and which costs have been taxed 
 
 and allowed at the sum of £ as appears by the allocatur of 
 
 one of the taxing masters dated the day of 18 . 
 
 And afterwards the said came into our said Court and 
 
 according to the statute in such case made and provided chose to 
 be delivered to him all such lands tenements rectories tithes rents 
 and hereditaments including lands and hereditaments of copyhold 
 or customary tenure in your bailiwick as the said or any 
 
 one in trust for him was seised or possessed of on the (A-) day 
 
 of or at any time afterwards or over which the said 
 
 on the said day of 18, or at any time afterwards had 
 
 any disposing power which he might without the assent of any 
 other person exercise for his own benefit to hold the said lands 
 tenements rectories tithes rents and hereditaments respectively 
 according to the nature and tenure thereof to him and to his assigns 
 until the said sum of £ (I) together with interest upon the 
 
 said sum at the rate of £4 per centum per annum from the (k) 
 day of shall have been levied. Therefore we com- 
 
 mand you that without delay you cause to be delivered to the said 
 by a reasonable price and extent all such lands and tene- 
 ments rectories tithes rents and hereditaments including lands 
 and hereditaments of copyhold or customary tenure in your baili- 
 wick as the said or any person or persons in trust for him, 
 was or were seised or possessed of on the said (k) day of 
 or at any time afterwards or over which the said on the 
 said (/c) day of or at any time afterwards had any 
 
 (f) Indictment, information (in the nature of a quo warranto), action 
 of mandamus, or matter thero depending, intituled "In the matter of , 
 &c," or as the case may be. 
 
 (</) Prosecutor, relator, plaintiff or appellant, as the case may he. 
 
 (h) " Judgment" or " order." 
 
 (r) " Adjudged," " awarded" or " ordered." 
 
 (/,) Date of judgment or order. 
 
 (0 Costs.
 
 INTRODUCTORY. 105 
 
 disposing power which ho might without the assent of any other 
 person exercise for his own benefit to hold the said lands tene- 
 ments rectories tithes rents and hereditaments respectively accord- 
 ing to the nature and tenure thereof to him and to his assigns until 
 the said two several sums and interest as aforesaid shall have been 
 levied. And in what manner you shall have executed this our writ 
 make known to us in our Court aforesaid immediately after the 
 execution thereof under your seal and the seals of those by whose 
 oath you shall mako the said extent and appraisement. And have 
 there then this writ. 
 "Witness &c. 
 
 (7b be indorsed.*) 
 
 Levy £ and £ for costs of execution besides costs of 
 
 inquisition, if any ; and also interest on £ at £4 per centum 
 
 per annum from the day of 18, until payment besides 
 
 sheriff's poundage, officers' fees, costs of levying and all other legal 
 incidental expenses. 
 
 This writ was issued by M. N. of L. agent for Gr. H. of Y. 
 solicitor for who resides at 
 
 The within-named A. B. is a and resides at in 
 
 your bailiwick. 
 
 3. Elegit for the Residue after a Fieri Facias. 
 
 Victoria {Sfc. as in Form No. 1, ante, p. 103]. To the Sheriff of 
 greeting : "Whereas lately in our High Court [$*c. proceed as 
 in a common elegit, as in No. 1 to the asterisk*^, and whereupon by 
 our writ we lately commanded you, that of the goods and chattels \_§~c. 
 recite the fieri faeias~\ and you on returned \_§c. recite the return 
 
 as the case may be~\ ; and afterwards the said A. B. came into our 
 said Court, and according to the statute in such case made and pro- 
 vided, chose to be delivered to him {Sfc. as in No. 1 to the words 
 " and his assigns " and then thus :] until the sum of £ , residue 
 
 of the said £ and interest aforesaid, should be thereof fully 
 
 levied : Therefore we command you \_8fc, proceed as in a common 
 elegit to the words " to him and to his assigns 1 '], until the said 
 £ residue of the said several sums of £ and £ , 
 
 together with interest aforesaid, shall have been levied : And in 
 what manner }-ou shall have executed this our writ \8fc. conclude as 
 in No. 1]. 
 
 4. Writ of Re-Elegit. 
 
 Victoria {fyc. as in Form No. 1, ante, p. 103]. To the Sheriff of 
 greeting. "Whereas lately in our High Court [$*c, recite the 
 first wrif\. And you on {day of filing the return^ returned to us 
 in the Division of our High Court of Justice, a certain inqui- 
 
 sition, indented taken before you at on the day of 
 
 last past by the oath, &c, whereby it is found [$-c. reciting 
 the rrtum in the past tense~\ : And because we are now given to 
 understand in our said Court, that the said C. 1). at the time of 
 giving the judgment aforesaid, and afterwards had and still hath 
 divers other lands, tenements, rectories, tithes, rents and heredita-
 
 106 
 
 WRIT OF ELEGIT. 
 
 nients in your bailiwick, besides those which are mentioned in the 
 return above set forth, which said other lands, tenements, rectories, 
 tithes, rents, and hereditaments, the said A. B. ought also to have 
 in execution for the more speedy recovery of the said £ and 
 
 £ , and interest aforesaid ; therefore 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. D. to be 
 warned on that occasion, if he will attend, all the other lands, tene- 
 ments, rectories, tithes, rents and hereditaments of the said C. D. 
 in your bailiwick, as well as those before extended in execution, for 
 the payment of the said several sums of £ and £ and 
 
 interest aforesaid, to hold to the said A. B. and his assigns, accord- 
 ing to the nature and tenure thereof, according to the form of the 
 statutes aforesaid, until the said several sums of £ and £ 
 
 and interest aforesaid, shall be thereof fully levied : And in what 
 manner you shall have executed this our writ \_8fc. conclude as in 
 Form No. 1]. 
 
 Sheriff to 
 appoint time 
 for execution 
 and impanel 
 jury for in- 
 quisition. 
 
 Evidence to 
 be given at 
 inquisition. 
 
 Execution of Writ. 
 
 Inquisition. 
 
 Upon receipt of the writ the sheriff must appoint a time for 
 its execution, and impanel a jury to inquire as to the lands and 
 tenements, &c. of the debtor and their value. The execution 
 creditor or his solicitor must attend at the appointed time and 
 place with his witnesses, whose attendance may be compelled by 
 subpcena, or other evidence to show what lands, &c. the defendant 
 has, their nature and annual value. The jury must be charged 
 and the oath administered to them (see Forms, post, p. 107) and 
 the inquisition returned in accordance with the command of the 
 writ. The jury is summoned in a similar manner to a jury on 
 a writ of inquiry. The proceedings on an inquiry under the 
 writ of elegit are somewhat like those on a writ of inquiry, but 
 it seems that no notice of the inquisition need be given to the 
 judgment creditor. Steed v. Lett/tier, 2 Ld. Raym. 1382. As 
 to the holding of courts by the sheriff for the purpose of the 
 execution of writs, see the Sheriffs Act, 1887, sect. 18, under 
 the title " Writ of Inquiry," post p. 407. 
 
 According to Chitty's Archbold, as the proceeding is an ex 
 parte one, and the inquisition not conclusive on the debtor, it is 
 in general sufficient to give slight evidence of the debtor's title. 
 The inquisition may be prepared beforehand, according to the 
 facts, with blanks to be filled in upon execution, and the
 
 EXECUTION OF WRIT. 
 
 107 
 
 sheriffs and jurors will seal it immediately after the taking of 
 the inquisition. 
 
 Upon an inquisition on a writ of elegit, proof of possession or 
 receipt of the rent of the land by the party is prima facie evidence 
 of title ; and where a jury, notwithstanding such evidence, found 
 that the party had no lands, the Court set aside the finding, and 
 directed the sheriff to take a new inquisition. Barnes v. Harding, 
 1 C. B. N. S. 568. 
 
 If the sheriff extend lands, &c. not extendible by law, and 
 also extend lands which are extendible, the inquisition may be 
 good as to the latter, though bad as to the former. Morris v. 
 Jones, 3 D. & E. 603. 
 
 As to setting aside or impugning an inquisition, see PuUen v. Setting aside 
 Purbeel; Salk. 563 ; 12 Mod. 368 ; 8. C. Barnes v. Harding, hl( i uiiiition - 
 supra; Doe d. Evans v. Ourn, 2 Cr. & J. 71, and Fenny v. 
 Durrant, 1 B. & A. 40 and 41. 
 
 Charge to the Jury. 
 
 Your charge is to inquire what lands tenements rectories tithes 
 rents and hereditaments including lands and hereditaments of 
 copyhold or customary tenure C. D. or any one in 
 
 trust for him was seised or possessed of on the day of 
 
 a.d. 18 (m) or at any time afterwards, or over which the said 
 C. D. on the day of a.d. 18 or at any 
 
 time afterwards had any disposing power which he might without 
 the assent of any other person exercise for his own benefit and also 
 to inquire and say what is the yearly value thereof that the same 
 may at a reasonable price and extent be made to be delivered to 
 A. B. to hold the said lands tenements rectories 
 
 tithes rents and hereditaments respectively, according to the nature 
 and tenure thereof, to him and his assigns until the said sum of 
 £ together with interest as aforesaid shall have been levied. 
 
 Juror's Oath and Affirmation. 
 
 You shall well and truly try what lands tenements rectories 
 tithes rents and hereditaments including lands and hereditaments 
 of copyhold or customary tenure C. D. or any one in 
 
 trust for him, was seised or possessed of on the day of 
 
 a.d. 18 (»t) or at any time afterwards or over which the said 
 C. D. on the day of a.d. 18 or at any 
 
 time afterwards had any disposing power which he might without 
 the assent of any other person exercise for his own benefit in my 
 bailiwick, and the yearly value thereof and a true verdict give 
 according to the evidence. 
 
 So help }-ou God. 
 
 (/») The day of entry of judgment, or dato of order, decreo, &c.
 
 :o8 
 
 WRIT OF ELEGIT. 
 
 Sheriff 
 empowered 
 to deliver 
 execution of 
 lands, &c. to 
 judgment 
 creditor. 
 
 Proviso as 
 to copyhold 
 lands. 
 
 What may be extended. 
 
 By 1 & 2 Vict. c. 110, s. 11, " It shall be lawful for the sheriff 
 or other officer to whom any writ of elegit, or any precept in pur- 
 suance thereof, shall be directed, at the suit of any person, upon 
 any judgment which at the time appointed for the commence- 
 ment of this Act shall have been recovered, or shall be thereafter 
 recovered in auy action in any of her Majesty's Superior Courts 
 at Westminster, to make and deliver execution unto the party 
 in that behalf suing of all such lands, tenements, rectories, tithes, 
 rents, and hereditaments, including lands and hereditaments of 
 copyhold or customary tenure, as the person against whom exe- 
 cution is so sued, or any person in trust for him, shall have been 
 seised or possessed of at the time of entering up the said judg- 
 ment, or at any time afterwards, or over which such person shall, 
 at the time of entering up such judgment, or at any time after- 
 wards, have any disposing power which he might, without the 
 assent of any other person, exercise for his own benefit, in like 
 manner as the sheriff or other officer may now make and deliver 
 execution of one moiety of the lands and tenements of any person 
 against whom a writ of elegit is sued out ; which lands, tene- 
 ments, rectories, tithes, rents, and hereditaments, by force and 
 virtue of such execution, shall accordingly be held and enjoyed 
 by the party to whom such execution shall be so made and 
 delivered, subject to such account in the Court out of which 
 such execution shall have been sued out as a tenant by elegit is 
 now subject to in a Court of Equity : Provided always, that such 
 party suing out execution, and to whom any copyhold or custom- 
 ary lands shall be so delivered in execution, shall be liable and 
 is hereby required to make, perform, and render to the lord of 
 the manor or other person entitled all such and the like paj'nients 
 and services as the person against whom such execution shall be 
 issued would have been bound to make, perform, and render in 
 case such execution had not issued ; and that the party so suing 
 out such execution, and to whom any such copyhold or customary 
 lands shall have been so delivered in execution, shall be entitled 
 to hold the same until the amount of such payments, and the 
 value of such services, as well as the amount of the judgment, 
 shall have been levied." 
 
 Chitty's Archbold, 14th edit. p. 876, states that a moiety 
 only should be extended where a purchaser or mortgagee without 
 notice is entitled under 2 & 3 Vict. c. 11, s. 5, but it is conceived
 
 EXECUTION OF WRIT. 109 
 
 that this case can scarcely ever arise now, because, as already 
 shown, no judgment entered up since the 26th of July, 1864, 
 can affect land until actual delivery in execution. 
 
 Equitable estates were not at common law liable to be taken Lands, &c. to 
 in execution upon a judgment against the cestui que trust (Co. th. judg- 
 Lit. 374 b), but 2 ( J Car. 2, c. 3, s. 10, provides that the sheriff me ? ts > &c - of 
 
 '' / / x , cestui que 
 
 shall " do, make, and deliver execution unto the party in that trust. 
 behalf suing, of all such lands, tenements, rectories, tithes, rents, 
 and hereditaments, as any other person or persons be in any 
 manner of wise seised and possessed, in trust for him against 
 whom execution is so sued, like as the sheriff or other officer 
 might or ought to have done, if the said party against whom 
 execution hereafter shall be so sued had been seised of such 
 lands, &c, of such estate as they be seised of in trust for him at 
 the time of the said execution sued; which lands, &c., by force 
 and virtue of such execution, shall accordingly be held and 
 enjoyed freed and discharged from all incumbrances of such 
 person or persons as shall be so seised or possessed in trust for 
 the person against whom such execution shall be sued." A 
 judgment affects the legal estate of a party from the time it is 
 signed, but, on account of the wording of the above section, it 
 affects only such trust property as the judgment debtor is 
 possessed of at the time execution is sued out, so that such trust 
 property cannot be taken under an elegit sued out after a con- 
 veyance of it, grounded on a judgment signed before such 
 conveyance. Harris v. Pugh, 4 Bing. 335 ; 12 Moore, 577. It 
 should be noted that the wording of 1 & 2 Yiet. c. 110, s. 11, 
 which renders trust property in lands of copyhold or customary 
 tenure liable to be taken in execution, is different. And see 
 27 & 28 Vict. c. 112. It has been held that the above section 
 applies only to cases where the trustees hold in trust for the 
 defendant alone, and not where the trust is for the defen- 
 dant and another jointly. Doe d. Hull v. Greenhill, 4 B. & 
 Aid. 684 ; Harris v. Pugh, 4 Bing. 335 ; Gore v. Bowser, 24 
 L. J. Ch. 316, 440. An equity of redemption cannot be taken 
 under this section, for in the words of Jessel, M. R., in The 
 Anglo-Italian Bank v. Davies, 9 Ch. D. at p. 284, "The Statute 
 of Westminster was extended by the Statute of Frauds only to 
 the case of pure equities, that is, where there was a bare trust, 
 and not an estate like an equity of redemption." See Lyster v. 
 Dollaiid, 1 Ves. jun. 431 ; 3 Bro. C. C. 478 ; Hatton v. Haywood, 
 L. R. 9 Ch. 229 ; Salt v. Coovcr, 16 Ch. D. 544. It has also
 
 110 
 
 WRIT OF ELEGIT. 
 
 Estates in 
 reversion on 
 leases for lives 
 or years may 
 be extended as 
 also lands 
 held in ancient 
 demesne. 
 
 Bishop's 
 lands. 
 
 Leaseholds 
 and terms of 
 years. 
 
 Mansion 
 house. 
 
 Estates 
 granted for 
 maintenance 
 of dignities. 
 
 been held that an equitable interest in a term is not within the 
 statute, which extends only to trusts in fee. King v. Battett, 2 
 Vern. 218; Scott v. Seholey, 8 East, 467; and see Jeffreson v. 
 Morton, 2 Saund. 11. But an outstanding term, vested in a 
 trustee upon trust to attend the inheritance, may be taken in an 
 execution against the owner of the inheritance. Doe d. Phillips 
 v. Evans, 1 C. & M. 450. 
 
 Estates in reversion on leases for lives or years (Poole [Mayor, 
 8fc. of) v. Whitt, 15 M. & W. 571 ; 16 L. J. Ex. 229) may be 
 extended, so also may " lands held in ancient demesne delivered 
 over on an elegit. Although the word ' lands ' is used in the 
 statute (1 & 2 Yict. c. 110), yet whatever comes under the legal 
 definition of a tenement was always extendible on an elegit, as 
 a reversion or rent charge. . . . Lands, which the defendant 
 hath by extent upon a statute, are liable to be taken on an 
 elegit. ... So may the lands which a husband has in right of 
 his wife." 2nd ed. Wats, on Shf. Law, pp. 308, 309. 
 
 The lands of a bishop may be extended under this writ. 
 Dalt. 136. The subject-matter must, however, be a legal 
 estate, and not a mere equitable interest, such as an equity of 
 redemption. Hatton v. Haywood, ante ; Davis v. Marlborough, 2 
 Swans. 122. 
 
 Leaseholds or terms of years may still be extended under an 
 elegit, and do not fall within the 146th section of the Bank- 
 ruptcy Act, 1883, goods in that Act being defined (sect. 168) 
 as chattels personal. And see Richardson v. Webb, 76 L. T. 
 O. S. 397. It was there held that, as sect. 168 defines goods to 
 include " all personal chattels " and leaseholds are chattels real, 
 therefore they do not come within sect. 146, which provides that 
 " the sheriff shall not, under a writ of elegit deliver the goods of 
 a debtor, nor shall a writ of elegit extend to goods." A term of 
 years may either be extended at an extended annual value as 
 part of the debtor's lands, or it may be delivered to the creditor, 
 the jury having first appraised it at the gross sum, and the 
 creditor becomes the absolute owner of the term at the appraised 
 value. 
 
 A mansion-house, excepted from the leasing power of a tenant 
 for life, is subject to execution at the suit of his creditors during 
 his life. Davis v. Marlborough, 2 Swans. 122. 
 
 Estates granted by the Crown for the maintenance of dignities, 
 with reversion in the Crown, have the usual incidence, and may 
 be taken in execution. lb.
 
 EXECUTION OF WRIT. Ill 
 
 Land held and used by a local board of health for public Land held by 
 purposes is also liable to be taken under a writ of elegit under f or pu biic 
 a judgment against such board. Worral Waterworks Co. v. purposes. 
 Lloyd, L. E. 1 0. P. 719 ; Coe v. Wise, L. R. 1 Q. B. 711 ; and 
 see Earl Jersey v. TTxbridge Rural Sanitary Authority, [1891] 
 3 Ch. 183 ; GO L. J. Ch. 833 ; 64 L. T. 858. 
 
 " The release from a judgment of part of any hereditaments Release of 
 charged therewith shall not affect the validity of the judgment charged not 
 as to the hereditaments remaining unreleased or as to any other to affect 
 property not specifically released without prejudice nevertheless 
 to the rights of all persons interested in the hereditaments or 
 property remaining unreleased, and not concurring in or con- 
 forming to the release." 22 & 23 Vict. c. 35, s. 11. 
 
 What may not be extended. 
 
 "A rent seek, or an office, as that of filazer, are not ex- Rent-seek, 
 
 tendible." Walsall v. Heath, Cro. Eliz. 656; Heydon's Case, 2 &c< 
 
 Eep. 18 ; Anon., Dyer, 7. " An office is not extendible because 
 
 it cannot be granted over Lands, of which the de- Lands, dis- 
 
 fendant is disseised in the hands of the disseisor, are not liable bands' of* 
 
 to be taken on an elegit. Neither is an advowson in gross, disseisor. 
 
 because a moietv of it could not be set out, nor can it be valued Advowson ^ 
 J ' gross. 
 
 at any certain rent towards payment of the debts (see Robinson 
 
 v. Tongue, 3 P. Wins. 401) ; nor the glebe of a parsonage or Glebe. 
 
 vicarage ; nor can a churchyard be extended under an elegit, Churchyard. 
 
 although it is said that the lands of a bishop may be extended. 
 
 . . . . The execution creditor is not entitled to rent which 
 
 becomes due after the delivery to the sheriff of an elegit but 
 
 before inquisition taken." 2nd ed. Wats. pp. 308, 309, and 
 
 310, and cited authorities. As already stated, an equity of 
 
 redemption cannot be taken, ante, p. 109. 
 
 An estate in remainder, belonging to an infant, cannot be Infant's 
 extended under an elegit. South, In re, 9 L. E. Ch. 369 ; 43 Jj-Jte! re " 
 L. J. Ch. 441 ; 30 L. T. 347 ; reversing the decision of 
 Malins, Y.-C, 22 TV. E. 388. Nor can any other remainder, Remainders. 
 as distinguished from a reversion. " The sheriff is only em- 
 powered to seize those lands of which the debtor is ' seised or 
 possessed.' A man cannot be seised or possessed of a remainder." 
 Per James, L. J., at p. 373 of the report in L. E. 9 Ch. 
 
 "Where any legal or equitable estate or interest or any v^din 
 disposing power in or over any lands, tenements or heredita- purchaser or 
 ments shall, under any conveyance or other instrument executed not to be
 
 112 
 
 WRIT OF ELEGIT. 
 
 taken in 
 execution. 
 
 after the passing of this Act, "become vested in any person as a 
 purchaser or mortgagee for valuable consideration, such lands, 
 tenements or hereditaments shall not be taken in execution 
 under any writ of elegit, or other writ of execution, to be sued 
 upon any judgment, or any decree, order, or rule against any 
 mortgagee or mortgagees thereof, who shall have been paid off 
 prior to or at the time of the execution of such conveyance, nor 
 shall any such judgment, decree, order, or rule, or the money 
 thereby secured, be a charge upon such lands, tenements, or 
 hereditaments so vested in purchasers or mortgagees." 18 Yict. 
 e. 15, s. 11 ; and see Greaves v. Wilson, 4 Jur. N. S. 802 ; 28 
 Li. J. Ch. 103. 
 
 Where lands are extended under an elegit, there is no interest 
 in them left in the debtor which can be extended under a subse- 
 quent writ. Carter v. Hughes, 2 H. & N. 714 ; 27 L. J. C. P. 
 225. 
 
 The law is well and clearly summed up in Prid. Prec. 15th 
 ed. at pp. 143, 144, as follows : — 
 
 " Every legal estate or interest in land in possession or rever- 
 sion, if vested in the debtor beneficially, or if he has a power of 
 disposition over it exerciseable for his own benefit, is extendible 
 at law. So also is land vested in a trustee on a bare trust for 
 the debtor, where the debtor has the whole beneficial interest. 
 So also are impropriate rectories and tithes, but not a rectory or 
 tithe constituting an ecclesiastical benefice, nor an advowson in 
 gross, nor an estate in remainder." 
 
 Adverse Claims. 
 Judgment The existence of an equitable mortgage upon the land is no 
 
 le^afestate 68 ^ ar *° ^ e execu ^ on °f the elegit, but where the legal estate of 
 subject to any the debtor is subject to any equity, the judgment creditor Avill 
 eqm } ' take subject to that equity ; in other words, will take whatever 
 
 beneficial interest the debtor has and no more. 14th ed. Chit. 
 Arch. 877 ; and 15th ed. Prid. Prec, pp. 143 and 144. But 
 notwithstanding 1 & 2 Vict. c. 110, s. 11, which gives to a 
 judgment the effect of an equitable charge upon the land of the 
 debtor, an equitable mortgagee retains his right in equity to 
 enforce his security against the title of a creditor under a sub- 
 sequent judgment, although the latter may have acquired the 
 legal seisin and possession of the land under an elegit without 
 notice of the mortgage. Whitworth v. Gauguin, 1 Ph. 728 ; 10 
 Jur. 531 ; 15 L. J. Ch. 433.
 
 EXECUTION OF WRIT. 1 1 3 
 
 A judgment creditor of a railway company, who had obtained 
 an elegit, was restrained from taking possession of the lands and 
 chattels belonging to the company as against prior mortgagees, 
 to whom were assigned the undertaking, calls on shareholder , 
 and tolls. Legg v. Mathieson, 2 Giff. 71 ; G Jur. N. S. 1010. 
 
 A judgment creditor is not a purchaser within the meaning Judgment 
 of the statute 27 Eliz. c. 4, and has, therefore, no title on that no title 
 ground to set aside a prior voluntary settlement. Moreover, the against per- 
 13th section of the Act 1 & 2 Yict. c. 110, does not confer on under prior 
 the judgment creditor any right against a person claiming under t^^. 
 a voluntary settlement previously made by the judgment debtor. 
 Beauan v. The Earl of Oxford, 6 De G. M. & G. 507 ; 25 L. J. 
 Ch. 299. 
 
 Several Writs and Priorities. 
 
 Priorities of judgment creditors against lands are determined Priority 
 by the date at which the writs issued upon their judgments are by c | ateg of 
 placed in the hands of the sheriff. Therefore a judgment delivery of 
 creditor, subsequent in point of date, but who was the first to sheriff, 
 place his writ in the hands of the sheriff and get the lands of 
 the debtor extended under such writ, was, in the undermentioned 
 case, held entitled in priority to a prior judgment creditor whose 
 writ was subsequently placed in the sheriff's hands before the 
 lands were extended. Guest v. Cowbridge Rail. Co., L. P. 6 Eq. 
 619 ; and see judgment of Sir G. M. Giffard, V.-C., in that case ; 
 and Wltiticorth v. Gaugain, 3 Hare, 416 ; 1 Ph. 728. 
 
 Where an execution by elegit is perfected and completed by Crowa's writ, 
 delivery of the lands before the Crown's writ issued, the subject's 
 title is prior to the Crown's and is executed. Per Lord Chief 
 Baron Steel in Attorney-General v. Andrew, Hard. 23; and per 
 Patteson, J., in Giles v. Grover, 1 CI. & F. 86, 87. 
 
 The judgment creditor may have more than one writ of elegit 
 directed into different counties (see headings " Concurrent and 
 Successive Writs " in the chapter on Fi. Fa., ante, pp. 65, 66) ; 
 but it appears that where land is extended under a writ of elegit, 
 no writ other than an elegit can be sued out against the debtor 
 or his property. Bro. Abr. Elegit, 15 ; Chitty's Arch., 14th ed., 
 p. 885. 
 
 Further, as to priorities, see chapters on " Landlord's Claim 
 for Pent," and "Bankruptcy, &o.," post, pp. 280, 349. 
 
 M
 
 114 
 
 WRIT OF ELEGIT. 
 
 Finding of the Inquisition. 
 The inquisition ought to find the lands with convenient cer- 
 tainty. It must show the place and county where they lie and 
 where the inquisition is taken, what estate the debtor has, and 
 whether in severalty, joint tenancy, or tenancy in common. 
 .... But since the statute 1 & 2 Yict. c. 110, it is not neces- 
 sary to set out the premises by metes and bounds ; it is sufficient 
 to describe them by name, or in some other manner with such a 
 degree of accuracy that they may be readily identified. 2nd ed. 
 Watson on Sheriffs, p. 312 ; Chitty's Arch., 14th ed. 884 ; Doe 
 d. Roberts v. Parry, 13 M. & W. 356 ; Sherwood v. Clarke, 15 
 M. & W. 764; Poole {Mayor of) v. WlMt, 15 M. & W. 571. 
 
 Delivery of the Lands. 
 
 After the inquisition the sheriff must deliver to the execution 
 creditor sufficient of the execution debtor's lands and tenements 
 (i.e., the legal not the actual possession of such lands, &c, or, 
 in other words, a right of entry only) at the jury's valuation 
 thereof, for satisfaction of the levy. 
 
 Return. 
 A return The sheriff must always make a return to a writ of elegit if he 
 
 must be made. ^ done anything under it. If he did not do so the tenant by 
 
 elegit would have no title. But see In re Hobson, 33 Ch. D. at 
 
 p. 496. 
 Return of "Where the sheriff is unable to execute the writ in consequence 
 
 of the debtor's interest in the land being merely equitable, the 
 
 proper form of return is " nihil." Hatton v. Haywood, 43 L. J. 
 
 Ch. 372 ; 9L.E. Ch. 229. If it be returned to an elegit that 
 
 there are no lands, the sheriff need not return an inquisition. 
 
 Stonehouse v. Eicon, 2 Stra. 874. In such case the proper 
 
 return is nihil. 
 Return of " Mandavi ballivo is a good return to a writ of elegit, and it is 
 
 "mandwi a g 00( j re turn that the sheriff has extended the lands of the 
 
 defendant, but could not deliver them to the plaintiff, for 
 
 another had them in extent before." 2nd ed. Watson, p. 315. 
 The Court will not alter the return of an elegit to a later day, 
 
 at all events, not at the instance of the sheriff without the 
 
 consent of the plaintiff. Hildyard v. Baker, 1 C. & M. 611. 
 The inquisition is remitted with the return, and the elegit and 
 
 inquisition must be filed in the Court out of which the elegit 
 
 issued.
 
 EXFX'UTION OF WKIT. 
 
 Forms of Eeturx. 
 
 1. Return to Elegit that Defendant has no Lands, Sfc. 
 
 The within-named defendant has no lands, tenements, rectories, 
 tithes, rents or hereditaments in my bailiwick whereof I can cause 
 to be levied the £ [or "moneys"] and interest within men- 
 
 tioned or any part thereof as I am within commanded. 
 
 The answer of S. S., sheriff. 
 
 2. Return of Inquisition where Lands arc extended. 
 
 The execution of this writ appears in the inquisition hereunto 
 annexed. 
 
 The answer of S. S., sheriff. 
 
 to wit. An inquisition indented, taken at in the 
 
 county of , the day of a.d. before me 
 
 S. S. sheriff of the county aforesaid, by virtue of her Majesty's writ 
 to me directed in this behalf and to this inquisition annexed, by 
 the oath of [name the jurors upon the inquest] twelve honest and 
 lawful men of the county aforesaid, who being [duly impanelled, 
 drawn by ballot] sworn and charged, say, upon their oath that 
 C. D. named in the said writ to this inquisition hereunto annexed, 
 on the day of taking this inquisition [or " one in trust for the 
 
 said C. D."] on the day of in the year of our Lord 
 
 18 was [or " is "] seised in his demesne as of fee [or "of freehold 
 for and during the term of his natural life "] of and in one 
 messuage and one close of pasture land thereto adjoining, with the 
 appurtenances, containing by estimation acres, more or less, 
 
 situate, l}*ing and being in the parish of in the county 
 
 aforesaid, and now or late in the tenure or occupation of , 
 
 and being of the clear yearly value of £ in all issues beyond 
 
 reprizes, and also of and in one other close [fyc. as above]. If the 
 defendant teas a joint tenant, tenant in common, or coparcener say: 
 "that the said C. D. [Sec] on [Sfc] was seised in his demesne as of 
 fee [or ' of freehold for and during the term of his natural bfe '] of 
 and in one undivided moiety [or ' part'], the whole into two 
 
 equal moieties [or ' parts '] to be divided of and in one 
 
 messuage [$*c. as above].'''' if the premises arc in mortgage for a term 
 of years, add: "which said messuage, &c. [or 'undivided moiety,' 
 &c.j are subject to a mortgage made thereof by the said C. D. to 
 one E. F. of , by indenture bearing date [§'c] for the term 
 
 of years, at the yearly rent of one peppercorn subject to 
 
 redemption or payment of £ and interest at five pounds per 
 
 centum per annum at a day since past." If the lands, fyc, arc copy- 
 hold, say: "that the said C. D. [§"c] on [$*c] was seised in his 
 demesne as of fee at the will of the lord, according to the custom of 
 the manor of in the county of of and in one close 
 
 \jSfc as above], the same being within and parcel of the said manor 
 and a customary tenement of 1 1 l < • same manor, demised and demis- 
 able by copy of the court-roll of the said manor by tin- lord of the 
 said manor or by his steward of the courts of the said manor for 
 the time being to any person or persons willing to take the same 
 in fee simple or otherwise at the will of the lord, according to the 
 custom of the said manor." If there be a r<ct>>ry, say: "that the 
 said C. D. [$c.] on [$*c] was seised in his demesne as of freehold 
 
 i2 
 
 115
 
 116 WRIT OF ELEGIT. 
 
 for and during 1 the term of his natural life of and in the rectory of 
 the parish church of in the county aforesaid." Or if there 
 
 be tithes, "that the said C. D. on [$"c] was seised as of fee and 
 right of and in all and singular the tithes of corn, grain, hay, wood, 
 grass, wool, lambs and calves [as the case may be] arising, growing, 
 renewing, increasing, and happening within the parish of in 
 
 the county aforesaid and within the bounds, limits, and titheable 
 places of the said parish." If there be a rentcharge, say : "that 
 the said C. D. [Sfc] on [Sfc] was seised as of fee and right [or ' of 
 freehold for and during the term of his natural life '] of and in a 
 certain annuity, yearly rent or sum of £ of lawful money of 
 
 Great Britain, payable by four equal quarterly payments [or other- 
 wise as the case may bc~\ on [Sfc, specifying the days of payment] and 
 charged and chargeable upon and issuing and payable out of certain 
 freehold lands and premises, with the appurtenances, situate and 
 being in the parish of in the county aforesaid." If the 
 
 defendant had a disposing power over lauds, §*c., say : "that the said 
 C. D. on [<^c] had a disposing power over one messuage, &c. [as 
 before, stating the nature of the power and by what means and for 
 xohat purpose it ivas created], which power he, the said C. D. might 
 without the assent of any other person have exercised for his own 
 benefit, which said messuage, &c. [or 'moiety,' S?c, according to the 
 fact] respectively I the said sheriff on the aforesaid day of taking 
 this inquisition have caused to be delivered to the said A. B. by a 
 reasonable price and extent, subject as aforesaid [if in mortgage] to 
 hold according to the nature and tenure thereof to him and his 
 assigns according to the form of the statutes in such case made and 
 provided, until the said several sums of £ and £ in the 
 
 said writ mentioned together with interest upon the same as therein 
 also mentioned shall have been levied." 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 inquisition, had 
 not nor any person in trust for him on the said day of 
 
 in the year of our Lord, 18 or at any time afterwards any other or 
 more lands or tenements, nor any rectory, tithes, rents, or here- 
 ditaments, in the county aforesaid, whereof he, the said C. D. [$*c] 
 was seised or possessed at the time of entering up the said judg- 
 ment or at any time afterwards nor had he the said C. D. at the 
 time of entering up such judgment or at any time afterwards any 
 other or more lands [Sfc] in the county aforesaid over which he 
 had any disposing power which he might without the assent of any 
 other person have exercised for his own benefit to the knowledge 
 of the said jurors. In witness whereof as well I the said sheriff 
 as the jurors aforesaid have set our seals to this inquisition on the 
 day, year, and at the place aforesaid. 
 
 S. S., esquire, sheriff. 
 [It should be sealed by the sheriff and jurors]. 
 
 J. J. ) 
 
 K. K. > (Seals of the jurors). 
 
 J. M., fc. ) 
 
 Fees. 
 See under "Sheriffs' Fees, &c," post, p. 505.
 
 117 
 
 Chapter VI. 
 
 WRIT OF VENDITIONI EXPONAS. 
 
 PAGE 
 
 Introductory - - - - - - - - -117 
 
 Form of Writ 118 
 
 Execution of Writ - 118 
 
 Warrant 118 
 
 llct urn - - 119 
 
 Sheriff's Liability 120 
 
 Fees - - 120 
 
 Introductory. 
 
 This is a judicial writ addressed to the sheriff commanding 
 him to expose to sale goods which he has already taken into his 
 hands to satisfy a judgment creditor. This writ may also be 
 issued for the sale of unclaimed property, taken under pro- 
 ceedings in outlawry. 
 
 " The legal and proper mode of compelling a sale by the 
 sheriff, when he makes delay or refuses, is by writ of venditioni 
 exponas, upon which he must return the money into Court"; per 
 Lord Mansfield in Cameron v. Reynolds, Cowp. 406 ; and to 
 quote Lord Ellenborough's definition of this writ in Keightley v. 
 Birch, 3 Camp. 521, " sell for the best price you can obtain." 
 
 This writ is not a process distinct from the fi.fa., but a part 
 of it ; it is a writ directing the sheriff to execute the fi. fa. in a 
 particular manner. Hughes v. Rees, 4 M. & "W. 468. By R. 
 of S. C. 1883, Ord. XLIII. r. 2, " Where it appears upon 
 the return of any writ of fi. fa. that the sheriff, or other officer, 
 has by virtue of such writ seized, but not sold, any goods of the 
 person directed to pay a sum of money, or costs, the person to 
 whom such sum of money, or costs, is payable shall, immediately 
 after such writ with such return shall have been filed as of 
 record, be at liberty to sue out a writ of venditioni exponas." 
 And by Rule 5 of same Order, " "Writs of venditioni cxponasj
 
 118 WRIT OF VENDITIONI EXPONAS. 
 
 distringas nuper rice comitem, fieri facias de bonis ecclesiasfieis, 
 sequestrari facias de bonis ecclesiasticis, and all other writs in aid 
 of a writ of fi. fa. or of elegit, may be issued and executed in the 
 same cases and in the same manner as heretofore." 
 
 Form of Writ. 
 
 (E. of S. C. 1883, App. H., No. 4.) 
 
 18 — \_Here put letter and number~\. 
 In the High Court of Justice. 
 Division. 
 
 Between A. B. - - - - - - Plaintiff 
 
 and 
 CD. Defendant. 
 
 Victoria, by the Grace of God, of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith. 
 
 To the Sheriff of greeting : 
 
 Whereas by our writ we lately commanded you that of the goods 
 and chattels of C. D. [here recite the fieri facias to the end~\ And on 
 the day of you returned to us in the Division of 
 
 Our High Court of Justice aforesaid, that by virtue of the said writ 
 to you directed, you had taken goods and chattels of the said C. D. 
 to the value of the money and interest aforesaid, which said goods 
 and chattels remained in your hands unsold for want of buyers. 
 Therefore we being desirous that the said A. B. should be satisfied 
 his money and interest aforesaid, command you that you expose to 
 sale and sell or cause to be sold, the goods and chattels of the said 
 C. D. by you in form aforesaid taken, and every part thereof for the 
 best price that can be gotten for the same, and have the money 
 arising from such sale before us in our said Court of Justice im- 
 mediately after the execution hereof, to be paid to the said A. B. 
 and have there then this writ. 
 
 Witness, &c. 
 
 Execution of Writ. 
 
 See foregoing directions under " Introductory." 
 
 Form of Warrant. 
 
 County of B. ) osquire, sheriff of the county aforesaid to 
 
 to wit. ) and my bailiffs greeting : 
 
 By virtue of Her Majesty's writ of venditioni exponas to me directed 
 I command you that you immediately expose to sale and sell the 
 goods and chattels late tho property of which you have in 
 
 your custody by virtue of a warrant to you directed on a writ of
 
 EXECUTION OF WRIT. 119 
 
 issued of the Queen's Bench Division of Her Majesty's High 
 Court of Justice at Westminster, at the suit of for 
 
 provided nevertheless that you do not sell the said goods and 
 chattels for a less sum than at which they were appraized so 
 
 that I may retain tho moneys arising from the sale thereof and have 
 the same before the said High Court on in pursuance of the 
 
 said writ. Hereof fail not. Given under the seal of my office this 
 
 day of in the year of our Lord one thousand eight 
 
 hundred and 
 
 In selling under this writ the sheriff is not bound by the 
 precise value stated in his return to the fi. fa. {Wintle v. 
 Chetwynd, 7 D. P. C. 554), but if the goods are lost or rescued 
 from him, he is bound by the value returned. Clerk v. Withers, 
 2 Ld. Eaym. 1075. 
 
 " The sheriff ought to stop the sale of the goods as soon as a 
 sufficient sum has been raised to cover the amount of the levy, 
 expenses, &c., and after selling enough in fact for that purpose, 
 he is not justified in selling more on the supposition that by 
 accident for which he is not answerable the amount levied may 
 become insufficient." 2nd ed. Wat. Sh. 271. 
 
 Return. 
 
 The form of return to this writ is that of the amount realized. 
 In the case of a sheriff effecting a sale under this writ, he must 
 make a return of the whole amount so obtained without deducting 
 anything for extra expenses or poundage, and the Court, when 
 ordering his payment out of such sale proceeds, deducts poundage, 
 and on the sheriff's motion in that behalf, makes him any extra 
 allowance to which he may be entitled. Rex v. Jones, 1 Price, 
 205. 
 
 A sheriff, having returned a levy under a/?. /r/., cannot return 
 to the venditioni that he has sold the goods, but detains the money 
 for another party under a prior writ of execution. Howe v. 
 Tapp, 9 Price, 317. 
 
 And see as to return, Hughes v. Bees, supra ; lleg. v. Sheriff of 
 Berks, 8 D. P. C. 97; Leader v. Banvers, 1 B. & P. 359; Levy 
 v. Hale, 6 Jur. N. S. 702 ; 29 L. J. C. P. 127 ; and Rex v. 
 Monmouth (Sheriff), 1 Marsh. 344.
 
 120 
 
 WRIT OF VENDITIONI EXPONAS. 
 
 Goods to be 
 sold within 
 reasonable 
 time. 
 
 Attachment 
 
 against 
 
 sheriff. 
 
 Sheriff's Liability. 
 
 A sheriff must sell the goods within a reasonable time and 
 before the return of the venditioni exponas, or he will be liable to 
 an action. Jacobs v. Humphrey, 4 Tyr. 272 ; 2 C. & M. 413. 
 
 The Court refused to grant an attachment against a sheriff 
 for not selling goods under a venditioni exponas, where he had 
 returned that he could not sell for want of buyers [Anon., 2 
 Chit. 390) ; and when he had returned, that part of the goods 
 levied remained in his hands for want of purchasers. Leader v. 
 Danvers, ante, p. 119. Where several writs of fi. fa. at the suit 
 of different persons against the same defendant were successively 
 delivered to the sheriff, to the last of which he returned that he 
 had seized goods which remained in his hands for want of buyers, 
 but stated nothing about the previous writs, the Court afterwards 
 relieved the sheriff from an attachment for not returning the 
 venditioni exponas, on his paying over the balance remaining in 
 his hands, after satisfying the former writs. Beej. v. Hertford- 
 shire (Sheriff), 9 D. P. C. 916. 
 
 Fees. 
 
 See under " Sheriffs' Fees, &c.," post, p. 505 ; and see also Rex 
 v. Jones, ante, p. 119.
 
 121 
 
 Chapter VII. 
 
 WRIT OF DISTRINGAS NUPER VICE COMITEM. 
 
 PAGE 
 
 Introductory --------- 121 
 
 Form of Writ 121 
 
 Introductory. 
 
 The writ of distringas nv/per vice coin item is a process against 
 an ex-sheriff to compel him to sell goods which he has returned 
 as remaining in his hands for want of buyers and for bringing 
 the proceeds into Court. 
 
 Referring to execution of distringas against ex-sheriff, " The Execution, 
 seizure of goods under this writ cannot be followed up by their 
 sale. The remedy being one of distress, the goods seized are 
 held only at common law as a pledge. In case the issues taken 
 under this writ are of trifling or insufficient amount, a summons 
 can be taken out to increase them, which is done by an order on 
 an acting sheriff." Edwards on Execution, p. 14-3. 
 
 Form of Writ. 
 
 Form of Distringas against ex-Sheriff (No. 14. App. H. of 
 E. of S. C. 1883). 
 
 18 — \_IIere put letter and number~\. 
 In the High Court of Justice. 
 Division. 
 
 Between A. B. Plaintiff 
 
 and 
 CD.- Defendant. 
 
 Victoria, by the grace of God, &c. of Great Britain and Ireland 
 Queen, Defender of the Faith : — 
 
 To the Sheriff of , greeting : 
 
 We command you that you distrain late sheriff of your 
 
 county aforesaid, by all his lands and chattels in your bailiwick, so
 
 122 WEIT OF DISTRINGAS NUPER VICE COMITEM. 
 
 that neither he nor anyone by him do lay hands on the same until 
 you shall have another command from us in that behalf, and that 
 you answer to us for the issues of the same, so that the said 
 expose for sale and sell or cause to be sold for the best price that 
 can be gotten for the same, those goods and chattels which were of 
 
 in your bailiwick, to the value of £ («) ' the sum 
 
 of £ which lately before us in our High Court of Justice in a 
 
 certain action wherein plaintiff and defendant by 
 
 a (b) of our said Court bearing date the day of 
 
 was (c) to be paid by the said to the said and of 
 
 the sum of £ the amount at which the costs in the said (b) 
 
 mentioned have been taxed and allowed, and of interest on the said 
 sum of £ at the rate of £4 per centum per annum from the 
 
 day of and on the said sum of £ at the same rate 
 
 from the day of which goods and chattels he lately took 
 
 by virtue of our writ, and which remain in his hands for want of 
 buyers, as the said late sheriff hath lately returned to us in our said 
 Court. And have the money arising from such sale before us in our 
 said Court immediately after the execution hereof to be paid to the 
 said 
 
 And have there then this writ. 
 
 "Witness, &c. 
 
 This writ was issued by, &c. 
 
 The defendant is a and resides at in your bailiwick. 
 
 (a) "The amount of" or "part of." 
 (Z>) "Judgment" or "order." 
 (c) "Adjudged" or "ordered."
 
 123 
 
 Chapter VIII. 
 
 WRITS OF SEQUESTRATION AND FIERI FACIAS DE BONIS 
 ECCLESIASTICIS. 
 
 Referring to the writ of sequestration, this writ is a prero- 
 gative process (formerly confined to the Court of Chancery, and 
 the Courts of Probate and Divorce) addressed to certain com- 
 missioners empowering them to enter upon real estates and 
 sequester the rents, and upon the goods, chattels and personal 
 estate of a person in contempt for disobedience of a decree or 
 order of Court, and to keep the same until the defendant clear 
 his contempt. It has no return, and is granted upon a return 
 of non est inventus by the serjeant-at-arms, or by a sheriff on an 
 attachment. 
 
 By the Rules of the Supreme Court, 1883, Ord. XLII. r. 6, Howjudg- 
 " A judgment for the recovery of any property other than land or ^perty 
 money may be enforced (a) by writ for delivery of the property; other than 
 (b) by writ of attachment ; (c) by writ of sequestration." enforced. 
 
 By Ord. XLIII. r. 3, "Where it appears, upon the return of Writs of 
 any writ of fieri facias or any writ of elegit, that the person, ^ - { a : debo . ms 
 against whom such writ was so issued, is a beneficed clerk, and and segues - 
 has no goods or chattels, nor any lay fee in the bailiwick of the 
 sheriff to whom such writ was directed, the person to whom the 
 sum of money or costs mentioned in such writ is or are payable 
 shall, immediately after such writ with such return shall have 
 been filed as of record, be at liberty to sue out one or more writs 
 of fieri facias de bonis ecclesiasticis, or one or more writs of seques- 
 tration." 
 
 By r. 4 of the same Order, " Such writs as in the last pre- Procedure 
 ceding rule mentioned, when sealed, shall be delivered to the 
 bishop to be executed by him, and such writs, when returned by 
 the bishop, shall be delivered to the parties or solicitors by whom 
 respectively they were sued out, and shall thereupon be filed as 
 of record in the Central Office ; and for the execution of such 
 
 thereon.
 
 124 WEITS OF SEQUESTRATION, ETC. 
 
 writs the bishop or his officers shall not take or be allowed any 
 fees other than such as are or shall be from time to time allowed 
 by lawful authority." 
 Issue and And by r. 5 of the same Order, " "Writs of venditioni exponas, 
 
 execution of 7 . . . ., />•/•• j 7. 7 • . • • 
 
 ■writs in aid. distringas nuper vice conntem , fieri jacias de boms ecctesiasticts, seques- 
 trari facias de bonis ecclesiasticis, and all other writs in aid of a 
 writ of fieri facias or of elegit, may be issued and executed in the 
 same cases and in the same manner as heretofore." 
 
 And see r. 6 of Ord. XLIL, and forms Nos. 5, 7, and 13 in 
 App. H. of R. S. C, 1883, as also sect. 52 of the Bankruptcy 
 Act, 1883.
 
 125 
 
 Chapter IX. 
 
 WRIT OF HABERE FACIAS POSSESSIONEM. 
 
 PAGE 
 
 Introductory --------- 125 
 
 Forms of Writ ........ 125 
 
 Issue of Writ 126 
 
 Execution of Writ -------- 127 
 
 Bond of Indemnity ------- 127 
 
 Forms of Warrant 128 
 
 Return of Writ 130 
 
 Forms of Return ....... 130 
 
 Fees 131 
 
 Incidental 131 
 
 Introductory. 
 
 This is a process of execution in an action of ejectment (Whar- 
 ton, 743), and by Ord. XLII. r. 5 is directed to be used where 
 there is a judgment for the recovery or for the delivery of the 
 possession of land. It has also been substituted for a writ of 
 assistance except for the recovery of chattels, in which case a 
 writ of assistance may still issue. See Wymdn v. Knight, 39 
 Ch. D. 165. 
 
 Forms of Writ. 
 
 1. Writ of Possession (Form No. 8, App. H., E. S. C. 1883). 
 
 18 . No. 
 In the High Court of Justice. 
 Division. 
 
 Between Plaintiff, 
 
 and 
 
 - and others Defendants. 
 Victokia, by the grace of God of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith. To the sheriff 
 of greeting : 
 
 "Whereas lately in our High Court of Justice by a judgment of 
 the Division of the same Court recovered [or was
 
 126 WRIT OF HABERE FACIAS POSSESSIONEM. 
 
 ordered to deliver to ] possession of all that [describing 
 
 the property recovered as in the judgment] with the appurtenances in 
 your bailiwick : Therefore, we command you that you omit not by 
 reason of any libertj'' of your county, but that you enter the same, 
 and without delay you cause the said to have possession of 
 
 the said land and premises with the appurtenances.* And in what 
 manner you have executed this our writ make appear to us in our said 
 Court immediately after the execution thereof and have you there 
 then this writ. 
 
 "Witness [name of Lord Chancellor], Lord High Chancellor 
 
 of Great Britain the day of in the year of our Lord 
 
 2. Writ of Possession and Fi. Fa. for Costs upon a Judgment for 
 Plaintiff in Ejectment where Defendant has appeared. 
 
 {Title as in preceding Form.) 
 
 Victoria [Sfc. as supra]. To the sheriff of greeting: 
 
 Whereas [Sfc. as in preceding form to the asterisk,* and proceed]. 
 And we also command you that you omit not by reason of any 
 liberty of your county but that you enter the same and that of the 
 goods and chattels of the said in your bailiwick you cause to be 
 
 made £ which the said lately in our said Court by a 
 
 judgment of our said Court dated recovered against the said 
 
 for the said 's costs of the said action, and which costs 
 
 have been taxed and allowed by one of the taxing masters of our 
 said Court at the sum of £ as appears by the certificate of the 
 
 said taxing master dated the day of together with 
 
 interest upon the said sum at the rate of £4 per centum per annum 
 from the day of in the year of our Lord [date of 
 
 taxing masters certificate] and have that money and interest afore- 
 said in our said Court immediately after the execution hereof to be 
 paid to the said . And in what manner you shall have exe- 
 
 cuted this our writ make appear to us in our said Court immediately 
 after the execution hereof : And have you there then this writ. 
 Witness [$-c. as in preceding form]. 
 
 Issue of Writ. 
 
 The practice relating to the issue of this writ is governed by 
 Ord. XLVII. of the Eules of the Supreme Court (q.v.). In cases 
 in which the judgment or order is that a party do recover posses- 
 sion of any land, demand and service is not necessary before the 
 issue of the writ, but where by the judgment (under rule 2 of 
 the above Order) some person is directed to deliver up possession 
 of any land to some other person, service, but not demand, is 
 necessary. Annual Practice, 1894, Part III. p. 1207.
 
 ISSUE OF WRIT. 127 
 
 The writ should follow the description of the property which Writ to follow 
 is inserted in the judgment or order, and the latter should f property in 
 contain such a description as will clearly indicate the property judgment. 
 of which possession is to be delivered. Thynne v. Sari, [1891] 
 2 Ch. 79. 
 
 The writ may be issued even after the plaintiff's title to the 
 reversion has expired. Knight v. Clarke, 15 Q. B. D. 294. 
 
 Execution of Writ. 
 
 It is customary for the plaintiff to indemnify the sheriff in Customary 
 connection with his execution of this writ. Com. Dig. Ex. (a) 3. ^indemnif 
 
 sheriff. 
 
 Bond of Indemnity. 
 
 Kxow all men by these presents that we A. B. of C. D. 
 
 of and E. F. of in the county of are held and 
 
 firmly bound to Gr. H. of high sheriff of the said county in 
 
 the sum of £ to be paid to the said Gr. H. or to his certain 
 
 attorney executors administrators or assigns for which payment to 
 be well and truly made we bind ourselves and each of us our and 
 each of our heirs executors and administrators and every of them 
 jointly and severally firmly by these presents sealed with our seals 
 and dated this, &c. 
 
 Whereas on the day of a.d. 18 a writ of hah. fac. 
 
 poss. was delivered to the said Gr. H. at the suit of the above-named 
 A. B. ; and whereas also the above-named A. B. hath applied to 
 and requested the said high sheriff to deliver to him under the said 
 writ certain tenements in his bailiwick that is to say which 
 
 he hath consented to do upon being indemnified for so doing. 
 
 Now the condition of the above written obligation is such that if 
 the above-bounden A. B. C. D. and E. F. or any of them their or 
 any of their heirs executors or administrators do and shall from 
 time to time and at all times hereafter well and sufficiently 
 indemnify the said Gr. H. from all costs and expenses to bo incurred 
 or to which he may become liable by reason of the premises then 
 that the above written obligation to be void otherwise to stand and 
 remain in full force vigour and effect. 
 
 Signed sealed and delivered in the ) A. B. 
 
 presence of me . ) CD. 
 
 E. F. 
 
 If such indemnity be refused, the sheriff must deliver posses- 
 sion of what is shown to him by the plaintiff or by some one on 
 his behalf; if given, he must deliver what plaintiff requires. 
 Connor v. West, 5 Burr. 2G73 ; 6th ed. Atk. 240.
 
 128 WEIT OF HABERE FACIAS POSSESSIONEM. 
 
 Description " It has been determined over and over, that such exact and 
 
 precise certainty is not requisite in ejectments, as in a precipe. 
 A precipe in a real action requires exactness and precision ; but 
 an ejectment is a fictitious action, contrived for ease, despatch, 
 and saving expense ; and has of late times been taken with 
 more latitude than formerly, and though it has been often said, 
 ' that the descriptions ought to be so certain that the sheriff 
 may be able to know, without any information from the 
 plaintiff, what he is to give possession of ' ; yet, in truth and 
 fact, the sheriff delivers possession at the showing of the 
 plaintiff, and at the peril of the plaintiff, who is at his peril, to 
 take possession of no more than he is entitled to." Per Lord 
 Mansfield in Connor v. West, supra. 
 
 If a stranger's lands be shown to the sheriff by force whereof 
 he enter, he is no trespasser. Dalt. 257. 
 
 Form of Warrant. 
 
 ) sheriff of the county of aforesaid to 
 
 to wit. | and my "bailiff s greeting : By virtue of the writ of 
 
 hah. fac. poss. to me directed and delivered I do hereby command 
 you and each of you jointly and severally to cause the said to 
 
 have the possession of the said land in the said writ specified with 
 the appurtenances ["and I do further command you or one of you" 
 as in warrant in ji.fa., Src. if the writs be united] and forthwith certify 
 the same to me. 
 
 Given under the seal of my office this day of 18. 
 
 (l.s.) Sheriff. 
 
 Form of Sheriff's Warrant on a Writ of Possession and Pi. Pa. in 
 same Writ for Costs. 
 
 ) Esquire, sheriff of the county aforesaid to 
 
 to wit. j and my bailiffs, greeting: By virtue of Her Majesty's 
 
 writ of possession and f. fa. to me directed and delivered, I command 
 you and each of you jointly and severally, that you, or one of you, 
 deliver to possession of [(/escribe the property as in the 
 
 writ] with the appurtenances, in my bailiwick, and forthwith certify 
 the same to me. Also that of the goods and chattels of in my 
 
 bailiwick you or one of you cause to be made £ together with 
 
 interest upon the said sum at the rate of 41. per centum per annum 
 from the day of in the year of our Lord 18 , so that I 
 
 may have that money and interest before our Lady the Queen in 
 the Queen's Bench Division of Her Majesty's High Court of Justice 
 immediately as required by tho said writ : And that you do all such 
 things &c. : And in what manner you shall have executed this 
 warrant certify to me immediately after the execution thereof. 
 
 Given under the seal of my office this day of 18 , 
 
 (l.s.) By the sheriff. 
 
 Levy £ besides [$'c. Copy the indorsement on the ivrit].
 
 EXECUTION OF WRIT. 
 
 129 
 
 In order to execute an habere facias possessionem, the officer "Writ, how 
 
 executed 
 
 may, if necessary, break open either the outer or the inner doors 
 
 of the house. Semayne's Case, 5 Eep. 91 b. If violence be 
 
 apprehended he should take the posse comitatus with him. The 
 
 sheriff, or his officer, should remove all persons and their goods 
 
 from off the premises, for if any persons are left thereon the 
 
 execution is not complete. Upton v. Wells, 1 Leon. 145. 
 
 The writ should be executed by the sheriff within a reasonable Writ should 
 
 be executed 
 time after receipt. But though the sheriff has a reasonable time within reason- 
 
 for execution, " that does not excuse him in refusing to execute tune " 
 a writ when he has the opportunity, is required to do so, and 
 nothing occurs to prevent him." Per Denman, C.J., in Jlason 
 v. Paynter, 1 Q. B. 974 ; 1 G. & D. 381. In that case judg- 
 ment had been signed for the plaintiff in ejectment. He caused 
 to be issued and delivered to the sheriff an habere facias posses- 
 sionem ; then made an appointment with the sheriff for the 
 purpose of executing the writ. The sheriff having been informed, 
 by the defendant's attorney, that the proceedings were irregular, 
 and would be set aside, did not execute the writ. The judg- 
 ment was afterwards set aside on an affidavit of merits. It was 
 held that the plaintiff was entitled to recover in an action 
 against the sheriff the costs he had incurred in preparing to 
 assist the sheriff to execute the writ. 
 
 The sheriff ma} T give possession by delivery of part of the Possession, 
 property, and that which he takes as a symbol of possession 
 ought to be part and parcel of the thing itself. If delivery is 
 required of a certain number of acres of land, the sheriff must 
 give possession of so many acres in quantity according to the 
 estimation of the county where the land is situate. Floyd v. 
 Bet hill, 1 Roll. Rep. 420. If there be several tenements in the 
 possession of one person, the delivery of possession of one tene- 
 ment in the name of the whole is sufficient {Floyd v. Bit hill, 
 1 Roll. Rep. 420) ; but if the several tenements are in the 
 possession of several tenants, then possession should be given of 
 each separately, for the delivery of one in the name of all is not 
 sufficient. 
 
 When the plaintiff recovers only an undivided portion of the 
 property, the duty of the sheriff is not to turn out the persons 
 in possession, but only to put the plaintiff in possession of the 
 particular portion to which he is entitled. Doe d. Hellyt r v. 
 King, G Ex. 793, per Tarke, B. ; Roe d. Saul v. Dawson, 3 
 Wils. 49. 
 
 M. K
 
 130 
 
 WRIT OF HABERE FACIAS POSSESSIONEM. 
 
 If the sheriff gives possession of any land not included in the 
 writ, the Court will, it seems, order it to be restoi*ed. Connor v. 
 West, 5 Burr. 2673 ; Roc d. Saul v. Dawson, 3 Wils. 49. 
 Disturbance. As to disturbance, see Boo d. Lloyd v. Roc, 2 Dowl. N. S. 407; 
 Doc d. Pitcher v. Roc, 9 D. P. C. 971 ; Kingsdalc v. Mann, 6 
 Mod. 27 ; and Doe d. Thompson v. Mirehouse, 2 D. P. C. 200. 
 
 The execution is not complete until the bailiffs are withdrawn 
 and possession completely given [Anon., 6 Mod. 115 ; 6th ed. 
 Atk. 242), and the writ is not completely executed until all 
 persons and goods on the premises have been removed. 
 
 Subject as above this writ is executed very similarly to an 
 elegit. 
 
 And see under title " Writ of Eestitution." 
 
 Execution ; 
 wh?n com- 
 plete. 
 
 Return of Writ. 
 
 Return, un- Unless required to do so, it is not customary for the sheriff to 
 not cus^ ire ' ma ^ e a return to this writ ; but it seems that strictly the sheriff 
 tomary. should make a return as under an elegit. 
 
 Poems of Return. 
 
 1. Return to a Writ of Possession that no Person came to point out the 
 
 Premises. 
 
 I certify to Our Lady the Queen that this writ was delivered to 
 me on since which time I have always been ready and willing 
 
 to execute the same as within I am commanded ; but neither the 
 within-named nor any person on his behalf ever came to show 
 
 me the land \_or "premises"] within mentioned or any part thereof, 
 or to receive possession of the same, or any part thereof, from me. 
 
 The answer of , Esquire, sheriff. 
 
 2. Return to Writ of Possession that Sheriff has delivered Possession. 
 
 By virtue of this writ to me directed I did on deliver to the 
 
 within-named possession of the within-mentioned land [or 
 
 "premises"] with the appurtenances, as within I am commanded. 
 
 Esquire, sheriff. 
 
 3. Return to Writ of Possession and Fi. Fa. for Costs of Execution of 
 
 Writ. 
 
 By virtue of this writ to me directed I did on deliver to the 
 
 within-named possession of the within-mentioned land [or 
 
 " premises"] with the appurtenances, as within I am commanded : 
 I further certify and return that the within-named hath not 
 
 any goods or chattels in my bailiwick whereof I can cause to be 
 made the costs and interest within mentioned, or any part thereof,
 
 RETURN OF WRIT. 
 
 as within I am commanded [or "that I have caused to be made of 
 the goods and chattels of the within-named the costs and 
 
 interest within mentioned, which I have ready at the time and place 
 within mentioned to be rendered to the said as within I am 
 
 commanded]. 
 
 Esquire, sheriff. 
 
 In view of the sheriff's duty to, if necessary, raise the posse 
 eomitatus, a return of inability to deliver possession because of 
 resistance is a bad return. Dalt. Sh., 256. 
 
 131 
 
 Fees. 
 
 The sheriff is entitled to an undertaking from the plaintiff 
 for his (sheriff's) fees and expenses in connection with a writ of 
 possession ; and as to such fees, see under " Sheriffs' Fees, &c," 
 post, p. 505. 
 
 Incidental. 
 
 In the event of non- execution, or only partial execution, of a 
 w r rit of possession, an alias habere may be sued out on the return 
 of such WTit. Devereux v. UnderMll, 2 Keb. 245; Molineuxv. 
 Fulgam, Palm. 289. See also Lessee of Massey v. Ejector, 1 
 Jones, Ex. Ir. 457 ; and Lessee of Linehan v. Anthony, Batty, 
 K. B. Ir. 453. But, if possession be once completely given 
 under this writ, another WTit of possession cannot be issued by 
 the plaintiff notwithstanding his being disturbed in such pos- 
 session by the same defendant and that the sheriff has not yet 
 returned the prior writ. Doe d. Pate v. Roe, 1 Taunt, oo. 
 
 As to the jurisdiction of the Court to order the delivery up of 
 a chattel not connected with land, see The Duke of Somerset v. 
 Cookson, 3 P. Wms. 389 ; Pusey v. Prney, 1 Yern. 273; Fells v. 
 Read, 3 Yes. 70 ; 3 P. P. 47 ; and as to the issue of a writ of 
 assistance to recover a specific chattel, Cazet <!<• la Borde v. 
 Othon, 23 AY. P, 110; and Wyman v. Knight, 39 Ch. D. 1G5, 
 where such a writ was directed to be issued as recently as Julv, 
 1888. 
 
 k2
 
 132 
 
 Chapter X. 
 
 WEIT OF DELIVERY. 
 
 Introductory - 
 Forms of Writ 
 Execution of Writ 
 
 Fees - 
 
 PAGE 
 
 132 
 133 
 134 
 134 
 
 Writ issued 
 for recovery 
 of property 
 other than 
 land or 
 money. 
 
 As to assess- 
 ment of value, 
 &c. before 
 issue of -writ. 
 
 Introductory. 
 
 The Mercantile Law Amendment Act (19 & 20 Vict. c. 97), 
 s. 2, provides for the recovery of specific goods, and Ord. XLII. 
 r. 6 of the Rules of the Supreme Court directs that a judgment 
 for the recovery of any property, other than land or money, 
 shall be enforced by (inter alia) a writ for the delivery of the 
 property. Ord. XLYIII. rr. 1 and 2, ante, p. 30, regulate the 
 issuing of the writ. 
 
 It was held by Field, J., in Corbett v. Lewin, W. N. (1884), 62, 
 that where an interlocutory judgment had been signed under 
 Ord. XIII. r. 5, the writ could not be issued until after the 
 value has been assessed and final judgment signed for the 
 recovery of the chattel or its value ; but in Winfield v. JBoothroyd, 
 34 ~W\ R. 501, it was held that, in an action of detinue, an 
 assessment by agreement was sufficient, and the words "assessed 
 value, if any," inserted in Rule 1 of Ord. XLYIII. appear to 
 make assessment unnecessary in all cases, and also distinguish 
 this rule from sect. 75 of the Common Law Procedure Act, 
 1854, under which Chilton v. Carrington, 15 C. B. 730, relied 
 on by Field, J., in his judgment in Corbett v. Lewin, was 
 decided. 
 
 It is in the power of the plaintiff to apply either for a writ of 
 delivery leaving it in the option of the defendant to return the 
 chattel or pay the value, or for a writ of delivery absolute 
 whereby the sheriff is directed to distrain upon the lands and 
 chattels of the defendant until he render to the plaintiff the 
 chattel named in the judgment.
 
 FORMS OF WRIT. 133 
 
 Cases may also arise in which this writ and the others men- Writ of 
 tioned in Ord. XLII. r. may be found to be ineffectual, and 
 the old writ of assistance may be required ; as to which see 
 Wyman v. Knight, 39 Oh. D. 165. 
 
 Forms of Writ. 
 
 1. Writ of Delivery (Form No. 10 in App. H. to E. of S. C. 1883). 
 
 18 [Here put the letter and number.] 
 In the High Court of Justice. 
 Division. 
 
 Between A. B. Plaintiff 
 
 and 
 CD.- - - - - Defendant. 
 Victoria by the Grace of God, &c. of Great Britain and Ireland 
 Queen, Defender of the Faith. 
 To the sheriff of greeting. 
 
 We command you that without delay you cause the following 
 chattels, that is to say, [here enumerate the chattels recovered by the 
 judgment or order for the return of which execution has been ordered 
 to issue~\ to be returned to A. B., which the said A. B. lately in our 
 High Court of Justice recovered against C. D. [or C. D. was ordered 
 to deliver to the said A. B.] in an action in the Division of 
 
 our said Court.* And we further command you, that if the said 
 chattels cannot be found in your bailiwick, you distrain the said 
 C. D. by all his lands and chattels in your bailiwick so that neither 
 the said C. D. nor any one for him do lay hands on the same until 
 the said C. D. render to the said A. B. the said chattels. f 
 And in what manner, &c. 
 And have you there then this writ. 
 "Witness, &c. 
 
 2. The like, but instead of a distress until the chattel is returned, 
 
 commanding the sheriff to levy on defendants goods the assessed 
 value of it (Form No. 11 in App. H. to E, of S. C. 1883). 
 
 [Proceed as in the preceding form until the,* and then thus'] And 
 we further command you that if the said chattels cannot be found 
 in your bailiwick, of the goods and chattels of the said C. D. in 
 your bailiwick you cause to £ [the assessed value of the 
 
 chattels].] And in what manner, &c. 
 
 And have 3-011 there then this writ. 
 
 AVitness, &c. 
 
 [If in cither of the preceding forms it is wished to include damages, 
 costs, and interest, proceed to the \ and continue thus] 
 
 And we further command you that of the goods and chattels of the 
 BaidC. D. in your bailiwick youcauseto be made the sum of £ 
 [damages] And also interest thereon at the rate of £4 per centum
 
 134 
 
 WRIT OF DELIVERY. 
 
 per annum from the day of -which said sum of money 
 
 and interest were in the said action by the judgment therein [_or 
 by order dated the day of ] adjudged [_or ordered] to 
 
 be paid by the said C. D. to A. B. together with certain costs in the 
 said judgment \_or order] mentioned and which costs have been 
 taxed and allowed by one of the taxing officers of our said Court at 
 the sum of £ as appears by the certificate of the said taxing 
 
 officer dated the day of And that of the goods and 
 
 chattels of the said C. D. in your bailiwick you further cause to be 
 made the said sum of £ [costs] together with interest thereon 
 
 at the rate of £4 per centum per annum from the day of 
 
 and that you have that money and interest before us in our said 
 Court immediately after the execution hereof to be paid to the said 
 A. B. in pursuance of the said judgment [_or order]. 
 
 And in what manner &c. 
 
 And have you there this writ. 
 
 Witness &c. 
 
 How exe- 
 cuted. 
 
 Return of 
 nulla bona 
 where defen- 
 dant is a 
 beneficed 
 clerk. 
 
 Execution of Writ. 
 
 This writ is delivered to the sheriff for execution and is 
 executed in the same manner as a writ of fieri facias, and the 
 sheriff may be compelled to return it in the same way. There- 
 fore, adapt the various forms accordingly. The following is, 
 however, a form of return in the case of nulla bona and where 
 the defendant is a beneficed clerk, and on which return execution 
 against ecclesiastical goods is founded. 
 
 Return of Nulla Bona. 
 
 "The within named C. D. has no goods or chattels, nor any lay 
 fee in my bailiwick, which I can seize or take, or pay, or deliver to 
 the within-named A. B. or whereof I can cause to be made the 
 moneys [or £ ] and interest within mentioned, or any part 
 
 thereof as I am within commanded : but I do hereby certifj r that 
 the said C. D. is a beneficed clerk, to wit, rector of the rectory \_or 
 vicar of the vicarage, or as the case may be~] and parish church of 
 in my county, which said rectory [_or vicarage] and parish 
 church are within the diocese of the Bight Reverend Father in God 
 by Divine permission Lord Bishop of [_or within the 
 
 peculiar jurisdiction of the Very Reverend the Dean and Chapter 
 of the Cathedral Church of St. of and instituted to try 
 
 them as ordinary, as the case may be]." 
 
 Fees. 
 
 See under " Sheriffs' Fees, &c," post, p. 505.
 
 135 
 
 Chapter XI. 
 
 WRIT OF EXTENT. 
 
 PAGE 
 
 Introductory 135 
 
 Form of Writ 138 
 
 Execution of Writ -------- 139 
 
 Form of Warrant 139 
 
 Inquisition --------- 140 
 
 Mode and Extent of Seizure ------ 141 
 
 Order of Extents -------- 143 
 
 What may be taken (comprising Croton's Lira) - - - 144 
 What may not be taken (or only taken subject to Superior 
 
 Claims, fyc.) 14G 
 
 Crown's Priority 147 
 
 Disputing Crown Debt and Adverse Claims- - 149 
 
 Disc/targe of Debtor ------- 150 
 
 Return on Inquisition ------- 150 
 
 Delivery of Lands, Goods and Chattels - 152 
 
 Sale -' 152 
 
 Fees 153 
 
 Introductory. 
 
 The writ of extent is a writ of execution against the lands and Writ of ex- 
 goods of the Crown-debtor. It is the peculiar remedy of the 
 sovereign in order to compel the payment of all debts of record 
 due to the Crown. It is called an extent from the words of 
 the writ extendi facias, and by it the sheriff is directed to cause 
 the lands, goods and chattels of the debtor to be appraised at 
 their full or extended value before being delivered to satisfy the 
 debt. No allusion is made to an extent in the earlier Orders 
 under the Judicature Acts, and by Ord. LXII. nothing therein 
 was to affect the practice or procedure on the Revenue side
 
 136 
 
 WRIT OF EXTENT. 
 
 Inquisition 
 to be held. 
 
 Extent 
 generally pre- 
 ceded by a 
 scire facias. 
 
 Writ of ex- 
 tent in aid. 
 
 of the Exchequer Division. Now, however, by Ord. LXYIII. 
 r. 2, this procedure is assimilated to the procedure in an ordinary 
 action. 
 
 According to Stephen's Commentaries, 11th ed., Yol. III., at 
 p. 686, " A debt of record, as regards the Crown, is subject in 
 general to the same definition as in the case where the party to 
 whom it is due is a subject; but there are several instances in 
 which a debt is so ranked in favour of the Crown, by way of 
 exception from the general rule, and by force of its special 
 prerogative." It was enacted by 33 Hen. 8, c. 39, that all 
 obligations made to the Crown should be "of the same nature, 
 force and effect to all intents and purposes " as a statute staple, 
 whilst by 13 Eliz. c. 4, all the lands of every accountant of the 
 Crown (except accountants under £300 per annum) are declared 
 liable to payment of all debts upon their accounts from them to 
 the Crown, and " in like and in as large and beneficial manner 
 to all intents and purposes " as if they had on the day they first 
 became such accountants stood bound by writing obligatory 
 having the effect of a statute staple. 
 
 By the writ of extent a sheriff is, it will be observed, directed 
 to hold an inquisition on the oaths of good and lawful men in 
 his bailiwick for the purpose of inquiring as to and appraising 
 the value of the lands, goods and debts of the Crown-debtor, 
 and to take and seize the same into the hands of the sovereign. 
 In order to afford the debtor an opportunity of showing that the 
 writ should not issue, the extent should, it seems, generally be 
 preceded by a scire facias (a), although if the debt is in danger 
 of being lost an immediate extent may, it seems, be issued on 
 affidavit of circumstances. As to the issue of an immediate 
 extent, see 28 & 29 Vict. c. 104. 
 
 An extent in aid is issued at the suit of the Crown- debtor 
 against a person indebted to such Crown-debtor. By 57 Greo. 3, 
 c. 117, after reciting that " extents in aid have in many cases 
 been issued for the levying and recovering of larger sums of 
 money than were due to his Majesty by the debtors on whose 
 behalf such extents were issued, and it is expedient to prevent 
 such practice in future, and in other cases extents in aid have 
 been issued at the instance and for the benefit of persons in- 
 debted to his Majesty by simple contract only," it was enacted 
 
 (a) As to reference in this branch to scire facias, see under title "Writ 
 of Scire Facias" pod, p. 224.
 
 INTRODUCTORY. 137 
 
 that the amount of debt due to the Crown should be stated in 
 the fiat for the extent in aid and that such amount or the amount 
 due to the Crown-debtor, if less, should be endorsed upon the 
 writ as the sum to be levied by the sheriff —with the therein 
 mentioned provision for any surplus on any sale under such 
 writ — and further that the therein mentioned Crown-debtors 
 should be precluded from issuing this writ in certain cases. It 
 seems the practice has been not to issue a fiat for an extent in 
 aid except on affidavit that the debt is otherwise in danger of 
 being lost to the Crown. 
 
 There is, in addition, an extent in chief in the second degree. "Writ of ex- 
 This is a proceeding instituted by the Crown at its own instance ^ t ^ e gecon a 
 against the debtor of the Crown-debtor, and to this last men- degree, 
 tioned writ 57 Geo. 3, c. 117, does not, it seems, apply. 
 
 " Under the extent in chief in the second degree the sheriff is "What may be 
 to take the body, goods, lands, debts, credits, specialties, and extent in chief 
 sums of money of the defendant, in the same manner as under V 1 second 
 
 f ' degree. 
 
 an extent against the Crown's first debtor ; the goods, debts, &c. 
 of the debtor of the Crown-debtor being bound in the same 
 manner as the goods, debts, &c. of the Crown-debtor on the first 
 extent; and all the observations made in this particular with 
 respect to the first extent in chief, will apply to the extent in 
 the second degree. But with respect to the lands of the Crown- 
 debtor's debtor, which the sheriff is directed to seize under the 
 extent in chief in the second degree, they of course are bound 
 merely from the recording of the debt from the Crown- debtor's 
 debtor to the Crown-debtor under the inquisition ; unless, 
 indeed, the debt due to the Crown-debtor be by judgment or 
 recognizance ; in which cases, the Crown, of course, takes 
 the lien of the plaintiff in the judgment, or conusee in the 
 recognizance, on the land of the defendant or the conusor, which 
 they had at the time of the judgment entered, or recognizance 
 acknowledged." West on Extent, p. 247. 
 
 In the event of the death of the Crown-debtor a special writ Writ of diem 
 of extent is issued. It recites the death of the debtor and is, there- tremum. ' 
 fore, called a writ of diem clausit extremum. It is issued on an 
 affidavit of the debt and death (28 & 29 Vict. c. 104, s. 47), and 
 by it the sheriff is directed to take and seize the chattels, lands, 
 and debts of the deceased Crown-debtor into the hands of the 
 Crown. In other words "the writ of diem clausit extremum . . . 
 is a writ directing the sheriff to inquire, by means of a jury, 
 when and where the Crown-debtor died, and what goods and
 
 138 WRIT OP EXTENT. 
 
 chattels, debts, credits, specialties, and sums of money, and 
 what lands the said debtor had at the time of his death, &c, 
 and to take and seize the same into the king's hands." West, 
 319. And see as to procedure for issue of a writ of diem clausit 
 extremum 28 & 29 Vict. c. 104, s. 47. 
 
 Form of Writ. 
 
 Writ of Extent m Chief. 
 
 Victoria, &c. to the sheriff of greeting. 
 
 Whereas A. B. and C. D. of by their writing obligatory 
 
 sealed with their seals bearing date the clay of a.d. 18 
 
 became jointly and severally bound to Us in the sum of £ of 
 
 good and lawful money of Great Britain payable at a day now past 
 which said sum of money they have not nor hath either of them yet 
 paid or caused to be paid to Us as We are informed ; and We being 
 willing to be satisfied the same with all the speed We can as is just 
 do command you that you omit not by reason of any liberty in your 
 bailiwick but enter the same and take the said A. B. and C. D. by 
 their bodies wherever they shall be found in your bailiwick and 
 keep them safely and securely in prison till We shall be fully satisfied 
 the said debt ; and that as well by the oaths of good and lawful 
 men of your bailiwick as by the oath and testimony of any other 
 good and lawful men by whom the truth may be the better known 
 as by all other lawful means you diligently enquire what lands and 
 tenements and of what yearly values the said A. B. and C. D. or 
 either of them had in your bailiwick on the said day of 
 
 a.d. 18 on which day they first became Our debtors as aforesaid or 
 at any time since ; and what goods and chattels and of what sorts 
 and prices and what debts credits and specialties and sums of money 
 the said A. B. and C. D. or either of them or any person or persons 
 to their or either of their use or in trust for them or either of them 
 now hath or have in your bailiwick : and that all and singular such 
 goods and chattels lands and tenements debts credits specialties and 
 sums of money in whose hands soever the same now are you dili- 
 gently appraize and extend on the oaths of the said good and lawful 
 men, and do take and seize the same into Our hands there to remain 
 until Wc shall be fully satisfied the said debt according to the form 
 of the statute made for the recovery of such Our debts : and lest 
 this Our command should not be fully executed We further com- 
 mand and empower you by these presents to summon before you 
 such persons as you shall think proper and carefully examine them 
 in the premises and that you distinctly and openly make appear to 
 the justices of the Queen's Bench Division of the High Court of 
 Justice on the day of next in what manner you shall 
 
 have executed this Our command and that you then have there this 
 writ : Provided that what goods and chattels you shall seize into 
 Our hands by virtue hereof you do not sell or cause to be sold until 
 We shall otherwise command you. Witness, &c.
 
 EXECUTION OF WRIT. 139 
 
 Execution of Writ. 
 Form of Warrant. 
 
 County of ) sheriff of the county aforesaid, to the 
 
 to wit . j keeper of the gaol of the said county, and also to 
 
 and my bailiffs, greeting : By virtue of her Majesty's 
 
 writ of extent to me directed, I command you and every of you, 
 jointly and severally, that you omit not, &c. but take if he 
 
 shall be found in my bailiwick, and him safely keep, so that I may 
 have his body before the justices of the Queen's Bench Division of 
 her Majesty's High Court of Justice on the day of and 
 
 also, that you seize and take all and singular the goods and chattels, 
 lands and tenements, debts, credits, specialties, and sums of money 
 which the said or any other person or persons in trust for 
 
 him, or to his use, have or had on the day of in the 
 
 year of the reign of her present Majesty ; so that I may 
 cause the same to be diligently appraised and extended, and to be 
 taken and seized into her Majesty's hands, that she may retain the 
 same until she be fully satisfied a debt or sum of £ according to 
 the form of the statute made for recovering her Majesty's debts of 
 that nature, but that you do not sell or dispose of the said goods 
 and chattels, lands and tenements, until you have other commands 
 from me herein. 
 
 Hereof fail not, as you will answer at your peril. Given under 
 the seal of my office this day of in the year of Our Lord 
 
 one thousand eight hundred and 
 
 With respect to the body of the defendant, it cannot be bailed. As to body of 
 West, 73. The capias clause of the writ of extent is not usually 
 enforced, lie.r v. Plaw, 3 Price, 94. 
 
 The sheriff may, if the doors be not open, break the party's As to break- 
 house to arrest him, but before he breaks it, he should signify ° 
 the cause of his coining and. make request to open the door. 
 West, 73. 
 
 Where the seized property of a Crown-debtor was ample to As to dis- 
 cover the demand, he was ordered to be discharged. Rex v. c arge ' 
 luiuirar, 3 Price, 536. A party in custody under a writ of and escape of 
 extent at the suit of the Crown, allowed voluntarily to escape, 
 but retaken and restored into the same custody and under the 
 same writ, is rightly in custody, and is not entitled to his dis- 
 charge. Reg. v. Renion, 2 Exch. 216 ; 17 L. J. Ex. 204. 
 
 Crown debts are not subject to the provisions of the Debtors Crown debts 
 Act. In re Smith, 2 Exch. D. 47 ; 46 L. J. Q. B. 73. DebtoS lit? 
 
 For fuller particulars as to mode of arrest, &o., see under title 
 " Arrest," post, p. 154.
 
 140 
 
 WRIT OF EXTENT. 
 
 Inquisition. 
 
 Evidence. With regard to the inquisition, " a summons should be issued 
 
 by the sheriff to the defendant, and to all other persons who 
 can give any evidence as to the defendant's property, to attend 
 before the inquisition ; if either the defendant or the witnesses 
 summoned do not attend, or refuse to answer any questions put 
 to them (excepting only questions, the answers to which would 
 subject them to punishment), the Court will grant an attachment 
 against them." 2nd ed. Watson on Sheriff Law, 370. 
 
 Jurors. The remarks as to the qualification, liability, exemption, sum- 
 
 moning, and payment, &c. of jurors on an inquiry under a 
 writ of inquiry are mutatis mutandis applicable to jurors on an 
 inquisition, or appraisement, under a writ of extent. See, there- 
 fore, under title " Assessment of Damages, &c," post, p. 408. 
 
 Juror's Oath. 
 
 You shall well and truly inquire what lands and tenements and 
 of what yearly value A. B. has and -what goods and chattels and of 
 what sorts and values and of what debts credits specialties and sums 
 of money the said A. B. or any person or persons to his use or in 
 trust for him now have and that you appraise such goods and 
 chattels so that I may extend seize and take the same into her 
 Majesty's hands until she shall be fully satisfied the sum of £ 
 due to her upon an extent directed to me . So help you God. 
 
 Claimant may 
 cross-examine 
 prosecutor's 
 witnesses. 
 
 Finding 
 of jury. 
 
 Manner of 
 stating the 
 interest of 
 
 The inquisition to find debts, &c. on an extent is not altogether 
 an ex parte proceeding ; and a claimant of property in the goods 
 inquired of may assert his claim before the sheriff and cross- 
 examine the prosecutor's witnesses on material points with the 
 object of showing the goods to be his (claimant's) property; and 
 if the sheriff will not allow such interrogatories to be put, the 
 Court will set aside the extent and inquisition. Hex v. Bickley, 
 3 Price, 454 ; and Rex v. Collingridge, 3 Price, 280. 
 
 In an immediate extent on an inquisition to find debts, the 
 jury may find the fact of a debt being due to the Crown on the 
 sole evidence of an affidavit that the debt is due. Reg. v. Kyle, 
 9 M. & W. 227 ; 6 Jur. 238. 
 
 The jury's findings of facts, especially descriptive of lands, 
 should be full and precise. Rex v. BicMey, supra ; and Rex v. 
 Sherwood, 3 Price, 269 ; and see Rex v. Rawlings, Ex parte 
 Wilkinson, 12 Price, 834. 
 
 "With respect to the manner of stating the interest of the 
 debtor in the inquisition, where trust estates are seized, it would
 
 INQUISITION. 141 
 
 be correct, and, indeed, the duty of the sheriff and jury, to debtor in the 
 state the interest of the debtor in the inquisition as it is proved 
 before them. If, however, the sheriff should not be able to 
 obtain any other evidence of the debtor's interest than his 
 possession, and the jury should consequently return that he is 
 seized in fee, this would give the Crown the whole interest to 
 which the debtor is entitled. For as any person who traverses 
 the inquisition must not only traverse the Crown's title, (that is, 
 in this case, the title of the Crown-debtor,) but must also show 
 title in himself, all that he does not take from the Crown by 
 proving title in himself will remain in the Crown, though the 
 Crown's title should not be, precisely, as found by the inquisi- 
 tion." West, 135 ; and see as to latter statement Rex v. 
 Soulby, 1 Y. & J. 249. 
 
 In an inquisition on an extent in aid, it is sufficient that the 
 prosecutor of the extent is found to be indebted to the Crown 
 (generally) at the time of taking the inquisition, without stating 
 the amount of the debt or the time and manner of its accruing 
 due. Rex v. Franklin, 5 Price, (514. 
 
 An inquisition finding special matter, without stating any 
 conclusion as a fact, is bad and may be quashed on motion. 
 Rex v. Sherwood, 3 Price, 269. 
 
 And see under " Order of Extents," post, p. 143. 
 
 The inquisition may, it seems, be adjourned or another Adjournment 
 inquisition may be held before the writ is returned in order to luc i ulsltlon - 
 find property not found by the first. In this case a return is 
 made to the Court of both inquisitions. 
 
 Mode and Extent of Seizure. 
 
 " With respect to the lands, the seizure is merely nominal ; Finding of 
 and the sheriff does nothing but find them through the medium lands - 
 of the jury ; which finding is, in effect, the seizure." West, 74. 
 
 " The sheriff under an extent may either extend or appraise a Term of 
 term for years ; but it is not bound, in the hands of a bond fide - voars - 
 purchaser, by the bond or other record to the Crown ; but 
 merely, like other chattels, from the award of execution." lb. 
 136. 
 
 With regard to the propriety of the sheriff seizing the lands, As to the 
 if the good?, &o. be sufficient, West, after referring to the judicial HKrtjJjod.
 
 142 
 
 WEIT OF EXTENT. 
 
 and lands to 
 be seized. 
 
 When sheriff 
 may break 
 debtor's 
 house. 
 
 Restoration 
 of property. 
 
 Sheriff not to 
 sell until 
 ordered. 
 
 Sheriff has no 
 power to 
 collect debts 
 due to Crown 
 debtor, but 
 only to seize. 
 
 arguments pro and con. says : " But notwithstanding these 
 arguments, it appears clear from the form of the present writ of 
 extent, and of the return which is always made to it, that the 
 sheriff may seize the lands, though the goods should be sufficient 
 to satisfy the debt. Yet if the goods are fully sufficient, it 
 cannot be apprehended that he would run any risk by omitting 
 to seize the lands." It will be, however, observed {infra) that 
 the Court will not make an order for the sale of the debtor's 
 lands, if goods sufficient to pay the debt have been seized under 
 the extent. " It would appear (and such, indeed, is generally 
 understood to be the law) that it is strictly the duty of the 
 sheriff to seize all the defendant's goods, though to ten times 
 the amount of the debt ; and all his debts, &c. and lands, 
 though the goods may be ten times more than sufficient to 
 satisfy the debt. But though such is the direction contained 
 in the writ, and though such, strictly speaking, is the duty of 
 the sheriff, it seems to me that the sheriff would run no risk in 
 seizing less than the whole, provided he seized fully sufficient to 
 
 satisfy the debt And [for the therein mentioned 
 
 reasons] it can never be the sheriff's interest to seize goods to a 
 larger amount than will be fully sufficient to cover the debt, 
 nor to seize the debtor's lands or other estate if the goods be 
 sufficient." West, 75. 
 
 "If no other person than the defendant has any property 
 in the goods, either general or special, at the date of the teste of 
 the extent, the sheriff should seize them." lb. 114. 
 
 If the doors be not open, the sheriff may also break the 
 party's house to take the goods, but as in the case of arrest he 
 ought, before he breaks it, to signify the cause of his coming, 
 and make request to open the doors. 
 
 Where the debtor's property is ordered to be restored to him 
 on his giving approved security, the sheriff is responsible for 
 restoring it before the approval of such security. Rex v. 
 Kin near, 3 Price, 536. It will also be observed that the sheriff 
 must not sell any goods seized by him under the extent until so 
 ordered, as to which see post, p. 152, under sub-title " Sale." 
 
 " The sheriff has no power on an extent against the Crown- 
 debtor to collect or levy the debts due to the Crown-debtor ; he 
 is merely to seize them, which seizure is a seizure in law. The 
 sheriff has, indeed, no power of compelling payment .... the 
 only means of compelling payment is by suing out a scire facias, 
 or an immediate extent, against the debtors of the Crown-debtor,
 
 ORDER OF EXTENTS. 143 
 
 after the return of the inquisition. And if a debtor of the 
 Crown-debtor were to pay his debt to the sheriff, and the extent 
 against the Crown-debtor were set aside by plea or otherwise, 
 his payment to the sheriff would be no answer to an action by 
 his creditor. And it may be doubted, if the sheriff were to 
 neglect to pay the money over to the Crown, how far such pay- 
 ment to the sheriff would be deemed a payment to the Crown." 
 West, 171. 
 
 " Specialties used formerly to be annexed to the inquisition, Specialties, 
 and returned with it, but the sheriff now usually keeps them 
 till called upon to deliver them to the solicitor for the Crown." 
 lb. 74. 
 
 Order of Extents. 
 
 " Extents in chief take place inter so according to their teste. 
 An extent in chief finding the same goods found upon a former 
 extent in aid shall be preferred and paid before it. If an extent 
 in aid issue and goods be found and seized, and upon a 
 vvik! it it mi exponas the sheriff return that he has the money, and 
 an extent in chief then comes, which also finds the goods first 
 extended, the king shall have the money {i.e. on the extent in 
 chief) but not if the money had been delivered over. If goods 
 are found on an extent in aid, and then an extent in chief 
 comes, on which goods are found, but not the same that were 
 found on the extent in aid, as to which no evidence is offered, 
 nor is it insisted that they should be found, and then another 
 extent in chief comes, and the party prosecuting it offers to find 
 what was seized in aid, and is refused, the Court will order a 
 new extent of the like teste as the second extent in chief, and 
 refuse it to the first extent in chief. Where the same goods as 
 are found under one extent are also seized under a second, it 
 should be mentioned in the second inquisition that these goods 
 are subject to the first extent. And where the two extents are 
 executed at the same time, as the sheriff may have some doubt 
 about their priority, it would seem to be the safest way to 
 mention in the inquisition under each extent that the goods are 
 seized under the other extent." West, pp. 117 and IIS, and 
 see as to priority of extents in chief over extents in aid, Rex v. 
 Larking, 8 Price, 683.
 
 144 
 
 WRIT OF EXTENT. 
 
 Legal and 
 trust estates, 
 &c. 
 
 Term of 
 years. 
 
 Equity of 
 redemption 
 and other 
 equitable 
 
 interests. 
 
 Where extent 
 
 against 
 
 several. 
 
 Exception as 
 to necessaries 
 for Crown- 
 debtor and 
 family and 
 art rill carucce. 
 
 Whatever 
 seizable under 
 ji. fa. is seiz- 
 able under 
 extent, but 
 not vice versa. 
 
 Goods in 
 trust. 
 
 Goods subject 
 to duties of 
 excise, &c. 
 
 What may be taken (comprising Crown's Lien). 
 
 "As to the nature of the interest which may be taken under 
 the Crown's execution against land, the Crown may [as already 
 indicated] take not only the legal estate of its debtor, but also 
 trust estates, as also lands conveyed with power of revocation 
 and lands purchased in trust for Crown-debtor." West, pp. 129, 
 130, and 133. A term of years may be also taken and " may be 
 either appraised as a chattel or extended as land under the 
 extent." lb. 117. Moreover, an equity of redemption may be 
 taken under an extent (Rex v. Delamotte, For. 162), as also 
 other equitable interests and rents and impropriate tithes. See 
 Prideaux's Precedents in Conveyancing, 15th ed., Vol. L, 
 p. 147. 
 
 " If the extent be against several, it always directs the sheriff 
 to inquire what lands and tenements the said A., B., and C, &c. 
 have, or any or either of them have or hath, and to seize the 
 same, &c. by which it appears that the lands of each or any of 
 the defendants are liable to be seized." West, 136. 
 
 " Under an extent all the goods and chattels of the Crown- 
 debtor may be taken, except things necessary pro victu of him- 
 self and his family ; except also areria ca niece, if there be other 
 chattels sufficient." lb. 96. 
 
 " With respect to the goods of the defendant, it may be 
 observed, as a general rule for the direction of the sheriff, that 
 whatever may be taken under a fi. fa. may also be taken under 
 an extent ; but the converse of this proposition of course does 
 not hold, as the extent has all the properties of the fi. fa. and 
 many others, even as to goods, which they?, fa. has not." lb. 73. 
 Again, " the general rule of law, with respect to what goods and 
 chattels may be taken under an extent, is this : that all goods 
 and chattels, the absolute property of which remains in the 
 debtor (i.e., where there is no special property in a third person) 
 at the date of the teste of the extent, may be taken under the 
 extent." lb. 97. And by the extent the sheriff is directed also 
 to seize all goods, &c. that any person may have in trust for, or 
 to the use of the defendant. lb. 116. 
 
 Moreover, by 4 Vict. c. 20, s. 24, all goods subject to 
 duties of excise, and all materials, machinery, vessels, and 
 implements used in the manufacture, are liable for all duties, 
 arrears, and penalties incurred whilst in the trader's possession, 
 subject to such liability ceasing where goods duly charged with
 
 WHAT MAY BE TAKEN (COMPRISING CROWN'S LIEN). 145 
 
 duty have been sold and delivered in the fair and ordinary course 
 of trade. 
 
 The Crown's lien for malt duties is, moreover, superior to that Crown's lien 
 of a factor, and goods which have become chargeable to the 
 Crown for duties cannot be discharged, except by an actual bond 
 fide sale. Att.-Gm. v. Trueman, 13 L. J. Ex. 70 ; 11 M. & TV. 
 694; and see AU.-Gen. v. Walmsley, 13 L. J. Ex. 06; 12 
 M. & TV. 179. The lien is, however, divisible and confined to 
 the several specific matters in respect of which the various several 
 sums of the duties have accrued, and the whole is not liable 
 generally to the satisfaction of the duties arising on each several 
 part. Rex v. Bale, 13 Price, 739. 
 
 " The sheriff is also to seize money, the property of the Money, 
 defendant." West, 172. As to an extent against a banker for 
 the recovery of Crown moneys, see Reg. v. Adams and Warren, 
 2 Ex. 299; Rex v. Ward, 2 Ex. 301. The sheriff is directed Debts, credita 
 to also inquire as to and seize the Crown debtor's debts, credits and tfeB. 
 specialties. Debts due to the Crown debtor may be seized under 
 the extent, though they are due only on simple contract. See 
 TVest, 162. He may, moreover, seize bonds before they are 
 due, though a scire facias or extent cannot issue on them till 
 they become due. lb., 172. Under an extent against several, 
 the debts due to any one may be seized. lb., 169. So under 
 an extent against one, the debts due to that one and another 
 or others may be seized. lb., 170. It would seem that on an 
 extent in chief the Crown may seize debts to its debtor, ad 
 infin daai ; but that on an extent in aid debts cannot be seized 
 beyond the third degree, counting the Crown debtor as one of the 
 degrees. lb., 303; although see Rex v. Lushington, 1 Price, 94. 
 
 As to an extent against one partner, by the Partnership Act, Extent 
 
 fi ( - r iiD , >tj n 
 
 1890 (53 & 54 Vict. c. 39), s. 23, after the commencement of partner. 
 
 that Act (1st January, 1891) a writ of execution shall not issue 
 
 against any partnership property except on a judgment against 
 
 the firm, although provision is thereby made for a judgment 
 
 creditor of a partner having an order charging such partnership 
 
 interest in the partnership property, &c. 
 
 As to what may be taken under an extent in chief in the What may be 
 
 second degree, see ante, p. 137, under " Introductory." As to ex tenta La 
 
 what may be taken under an extent in aid, " the same property clncf "* , 
 
 * . -I second degree 
 
 as may be taken under the extent in the second degree may be and in aid. 
 
 taken under the extent in aid. The body, too, may be taken 
 
 under an extent in aid." TVest, 292. And as to what is 
 
 M. L
 
 146 
 
 WRIT OF EXTENT. 
 
 seizable under an extent in aid, see Rex v. Lambton, 5 Price, 
 428 ; and with regard to debts seizable tliereunder, see ante. 
 
 Copyholds. 
 
 Equitable 
 mortgage. 
 
 Lien of factor 
 or wharfinger 
 or bona fide 
 assignment 
 in trust for 
 creditors. 
 
 Goods pawned 
 or pledged. 
 
 But goods 
 fraudulently- 
 conveyed 
 away may 
 be taken. 
 
 Exoneration 
 of lands. 
 
 What may not be taken (or only taken subject to Superior 
 Claims, &c). 
 
 Copyholds are not extendible by Crown process. The execu- 
 tion of a power cannot defeat Crown debts (see Reg. v. Ellis, 
 19 L. J. Ex. 77), but an equitable mortgage effected by deposit 
 of title deeds by a Crown debtor binds the Crown. See Casberd 
 v. Att.-Gm., 6 Price, 411. 
 
 "It is conceded, that the Crown cannot avoid an equitable 
 mortgage {Casberd v. Att.-Gen., 6 Price, 411) ; or the lien of a 
 factor {Rex v. Lee, 6 Price, 369) ; or of a wharfinger {Rex v. 
 Humphrey, 1 McCle. & Yo. 173) ; or a bond fide assignment in 
 trust for creditors {Rex v. Watson, West, 115) ; or any other 
 similar assignment or charge ; because they are created when 
 the debtor has legal power and authority to create them, and 
 attach upon the goods before the process of the Crown, and the 
 Crown can only take the goods subject to such liabilities as the 
 debtor has legally created." Per Patterson, J., in Giles v. 
 Grovcr, 9 Bing. 139. 
 
 " So again, in the case of goods pawned or pledged before the 
 teste of the extent {Rex v. Cotton, Par. 112) ; and in the case of 
 Rex v. Humphrey, 1 McCle. 19, the same law prevails." Per 
 Alderson, J., lb. 161. " Goods demised or lent to another for 
 a term certain cannot be taken during the term. But goods 
 fraudulently conveyed away to defeat the execution may be 
 taken as well under an extent as under afi. fa., and that whether 
 the Crown is taken to be within the protection to creditors 
 afforded by the statute 13 Eliz. c. 5 or not." "West, 115. 
 
 With regard to the exoneration of lands, see sects. 9 and 10 
 as qualified by sect. 11 of 2 & 3 Yict. c. 11 with due regard to 
 the partial repeal of sects. 10 and 11 by the Statute Law Revision 
 Act (No. 2), 1890 (53 & 54 Vict. c. 51) ; see also 18 & 19 Vict. 
 c. 15 ; 22 & 23 Vict. c. 35, s. 22 ; and 23 & 24 Vict. c. 115.
 
 crown's priority. 147 
 
 Crown's Priority. 
 
 The Crown debtor's lands are in general bound from tlie time When lands, 
 when the debt became a debt of record, which, as to the bonds | ette i 3ecome 
 referred to in 33 Hen. 8, c. 39, appears to be from the time of bound, 
 the execution of such bonds. And, as already intimated, by 
 13 Eliz., c. 4, the lands of the therein mentioned accountants of 
 the Crown are declared liable for their debts to the Crown in 
 the same manner as if they had on the day they first became 
 such accountants stood bound in writing obligatory having the 
 effect of a statute staple. The Crown debtor's goods are, it 
 seems, bound from the teste of the extent though sold in market 
 overt. It appears, however, that the Crown debtor's debts are 
 boimd only from the caption of the inquisition under which they 
 are found. By 33 Hen. 8, c. 39, s. 51, provision is made for 
 Crown suits having preference to private suits, provided the 
 Crown suit be commenced, or process be awarded for the Crown 
 debt at the suit of the Crown, before judgment given for such 
 private persons. But by sect. 48 of the Crown Suits, &c, Act, 
 1865 (28 & 29 Yict. c. 104), any judgment, decree or order, 
 any recognizance, any inquisition of debt, or any obligation or 
 specialty in the Crown's favour, or any acceptance of office under 
 the Crown, after the commencement of such Act (1st November, 
 1865), shall not affect any land as to a bond fide purchaser for 
 valuable consideration or a mortgagee (whether they have or 
 have not notice of such judgment, &c), unless a writ of extent, 
 or other process of execution in relation to such judgment, &c., 
 has been issued and registered before the execution of the con- 
 veyance or mortgage in question and the payment of the pur- 
 chase or mortgage money (/;). 
 
 " The goods and chattels of the Crown debtor are, as before When money 
 stated, bound from the fiat or teste of the extent ; but it may be {^^J 68 
 a question, whether money like goods and chattels is bound from 
 the teste of the extent, and can be followed in the hands of 
 creditors, to whom it has been paid bond fide after the teste of 
 the extent. The inconvenience of holding that money is bound 
 
 (/<) 2S (X: 29 Vict. c. 104, 8. 48 relates to Crown debts dal iiently 
 
 to the 5th July, ls(;,>. For provisions for registration of Crown debts, &c. 
 as to purchasers and others in relation to Crown judgments, &c. obtained 
 prior to the 5th July L865, see 2 & 3 Vict. c. 11, ss. 9, 10, and 11, sub 
 to partial repeal of sects. 10 and 11 by the Statute Law Revision Act 
 (No. 2), 1890, ami seo 22 & 23 Vict. c. 35, s. 22. 
 
 1,2
 
 148 
 
 WRIT OF EXTENT. 
 
 by the teste of the extent, so as to rip up all payments bond fide 
 made by the Crown debtor between the teste of the extent and 
 the caption of the inquisition, would be so considerable .... 
 as to induce a conjecture, there being no authority on the 
 subject, that the Court would probably hold that payments 
 made bond fide by the Crown debtor before the caption of the 
 inquisition are good payments, and that the money could not 
 be recovered back from the creditors, to whom it was so paid." 
 West, pp. 172, 173. 
 
 " Seizure under an extendi facias is the inception of the execu- 
 tion, delivery under a liberate is the completion, and so is sale 
 under afi.fa." Per Patterson, J., in Giles v. Grover, 9 Bing. 
 151. 
 
 The doctrine of the Crown process having priority where it 
 plies to extent hears teste on a day subsequent to a subject's execution on a 
 in aid. j\ cn f ac ; ((S under which the sheriff has seized applies to cases 
 
 of extent in aid. Hex v. Sloper, 6 Price, 114; and see Batfcr 
 v. Butler, 1 East, 338; S. P. Aft. -Gen. v. Aldersey, 1 East, 341; 
 as also Rex v. Osbourne, 6 Price, 94 ; and Stracey v. Hulse, 2 
 Doug. 411. See also Swain v. Morland, 3 Moore, 740 ; and Giles 
 
 Inception and 
 completion of 
 execution. 
 
 Crowi 
 
 Commensu- 
 rate only 
 with interest 
 of debtor, 
 
 cannot be 
 defeated by 
 distress for 
 rent. 
 
 Crops. 
 
 Saving of 
 prerogative 
 of Crown. 
 
 v. Grover, 9 Bing. 128. Although the title of the Crown 
 attaches from the teste of the writ, it is commensurate only with 
 the interest of its debtor, and therefore, where that was deter- 
 mined by the act of seizure under a claim of forfeiture in a 
 lease, the title of the Crown was defeated by the same event. 
 Rex v. Topping, McCle. & Yo. 544. The Crown's priority can- 
 not be even defeated by a distress for rent (even though the 
 goods have been actually distrained and appraised before the 
 teste of the writ), for the goods are still liable to seizure for the 
 Crown debt so long as they have not been actually sold. More- 
 over, the statutory provision 8 Anne, c. 14, s. 1, for payment of 
 one year's rent to the landlord before removal of the goods 
 under an execution does not affect the Crown's right to recovery 
 of any Crown debts, fines, &c. Re.v v. Cotton, Par. 112; and 
 see per Patterson, J., and the other judges in Giles v. Grover, 9 
 Bing. 128. Moreover, goods taken under afi./a., but not sold 
 before the teste of the extent may be seized under the extent. 
 Rex v. Wells and Allnutt, 16 East, 278. Nor, again, is the 
 Crown affected by the statutory provision under 56 Geo. 3, 
 c. 50, relative to growing crops. Rex v. Osboume, 6 Price, 94. 
 And provision is made for saving the prerogative of the Crown 
 by sect. 5 of the Crown Suits Act, 1865 (28 & 29 Vict. c. 104).
 
 I ROWH S PRIORITY. lJ.j 
 
 But by sect. 150 of the Bankruptcy Act, 1883 (46 & 47 Vict. Priority of 
 c. 52), "save as herein provided the provisions of this Act 2" w » tatel 
 
 i* _ <i\\itVJll 
 
 relating to the remedies against the property of a debtor, the distribution 
 
 priorities of debts, the effect of a composition or scheme of blnfau^tey; 
 
 arrangement, and the effect of a discharge shall bind the 
 
 Crown." Nevertheless, the provisions of the Bankruptcy Act, but not in 
 
 L883, which take away the priority of the Crown over other S™^ ° f 
 
 creditors m the distribution of assets in bankruptcy, have not und . er Com- 
 
 by virtue of the assimilating provisions contained in the Judi- isST" Act ' 
 
 cature Act, 1875, s. 10, been incorporated into the Companies 
 
 Act, 1862, so as to bar the prerogative right of the Crown to 
 
 issue process and thus to obtain payment in full, in priority over 
 
 other creditors, in respect of a debt due from a company in 
 
 course of liquidation under the Companies Act. In re Oriental 
 
 Bank Corporation, Ex parte The Crown, 28 Ch. D. 643. 
 
 " Where an extent and fieri facias both come to the sheriff, Procedure 
 
 and the extent is delivered to him before a sale of the coods wh , en e 5 tent 
 
 4 ru j? ■ j} • i -i and 7? fa. 
 
 under tne fieri facias, he certainly should not proceed with the both delivered 
 
 fieri facias without being indemnified by the plaintiff on the t0 sheriff ' 
 
 fieri facias. If the plaintiff on the fieri facias will not indemnify 
 
 him, he should, when he is ruled to return the writ, apply to the 
 
 Court out of which it issued to enlarge the time to make his 
 
 return, which will, it seems, be granted on an affidavit of the 
 
 circumstances." "West, 113. 
 
 Disputing Crown Debt and Adverse Claims. 
 If a defendant disputes a debt or there be an adverse claimant Disputing 
 to the property set forth in the inquisition, the defendant or a^IaVerse 
 such adverse claimant must enter an appearance for such claims™ 
 purpose upon the sheriff's seizure under the inquisition being 
 returned into Court ; whereupon he will be allowed to plead to 
 the extent, and, on joinder of issue thereon, such dispute or 
 claim is, it seems, decided in the usual manner in actions 
 between subjects. As already indicated, it appears that the 
 proper time for the defendant appearing and disputing the 
 claim is when the inquisition is taken before the sheriff and 
 jury. 
 
 A person, claiming to be an incumbrancer on lands seized by 
 the Crown under an extent and inquisition against a Crown
 
 150 
 
 WRIT OF EXTENT. 
 
 Duties of 
 sheriff, &c. on 
 receipt of debt 
 to Crown. 
 
 Receipt to be 
 given. 
 
 Liability of 
 sheriff, &c. 
 in case of 
 default. 
 
 debtor, is not entitled to notice of the holding a further inquisi- 
 tion under another extent against the same person on a similar 
 charge of prior date, although on the first inquisition the jury 
 had returned him an incumbrancer on the estate belonging to 
 the debtor. Rex v. Rawlings, Ex parte Wilkinson, 12 Price, 834. 
 
 It is sufficient if a defendant claiming goods seized under an 
 extent traverses the property being in the debtor to the Crown's 
 debtor at the time of the seizure or of taking the inquisition, 
 and it is not necessary to say that the property was not in the 
 debtor at the time of the issuing the extent. Rex v. Lambton, 
 5 Price, 428. 
 
 An inquisition is not to be lightly set aside. Ramsbottom and 
 others v. Rex, 7 Price, 570. 
 
 Discharge of Debtor. 
 
 By the Sheriffs Act, 1887 (50 & 51 Yict. c. 55), s. 11 sub-s. 1. 
 " Where a sheriff or his officer or other person employed in 
 collecting by process from any Court any debt due to the Crown 
 receives from any person a sum due to the Crown he shall give 
 a receipt to such person for that sum, and the sheriff at the next 
 account after a sum due to the Crown has been paid to him or 
 his officer, shall procure the effectual discharge of the debtor 
 paying the same." 
 
 By sub-s. 2, " An officer of a sheriff receiving any such sum 
 shall account for it to the sheriff, and the sheriff shall give a 
 receipt for such sum." 
 
 By sub-s. 3, " In case of any default under this section the 
 sheriff and his heirs, executors, aud administrators, shall be 
 liable to pay any damages suffered by a debtor in consequence 
 of such default." 
 
 Return on Inquisition. 
 
 Inquisition. 
 
 County of (to wit). An inquisition indented taken at the 
 
 house of known by the name or sign of the in the said 
 
 county the day of in the year of the reign of our 
 
 sovereign lady Victoria, by the grace of God of the United Kingdom 
 of Great Britain and Ireland, Queen, Defender of the Faith, &c, 
 before me sheriff of the said county, by virtue of her Majesty's
 
 RETURN ON INQUISITION. 151 
 
 writ of extent to me directed and to this inquisition annexed on the 
 oaths of A. B. [here name tltc twelve jurors] honest and lawful men 
 of my bailiwick who being chosen tried and sworn on their oath say 
 that C. D. in the said writ named is possessed of the goods and 
 chattels following that is to say [here state the goods] as of his 
 own goods and chattels and the said jurors do appraise and value 
 the same at the sum of £ all which said goods and chattels I 
 
 the said sheriff have seized and taken into her Majesty's hands. 
 And the jurors aforesaid upon their oath aforesaid further say that 
 the said C. D. is seized in his demesne as of fee of and in, &c, with 
 the appurtenances thereto belonging situate and being at in 
 
 the parish of in the said county and in the occupation of 
 
 of the clear yearly value of £ in all issues beyond reprises 
 
 which I the said sheriff have seized and taken into her Majesty's 
 hands (c) : and that the said C. D. has not any other or more goods 
 or chattels, debts, credits, specialties, or sums of money or any other 
 or more lands or tenements in my bailiwick, to the knowledge of 
 the said jurors, which can be extended appraised or seized into her 
 Majesty's hands. 
 
 In witness, &c. G. H., &c. 
 
 Return of Sheriff to Extent against simple contract Debtor to the 
 
 Crown. 
 
 The within-named C. D. is not found in my bailiwick. The 
 residue of the execution of this writ appears in the inquisition 
 annexed. 
 
 The answer of, &c. 
 
 The following are, it seems, also proper returns by the Returns, 
 sheriff, viz., that the Crown debtor does not possess any goods 
 or lands ; that the lands, &c., are already extended ; ccpi corpus 
 and the seizure of the lands ; that the Crown debtor is a clerk 
 (Dalt. Sh. 234) ; that the effects are in another's possession 
 {Reg. v. Austin, 10 M. & TV. 692) ; that a third party is in by- 
 descent (Fitz. Ret. 112). But a return by the sheriff that he 
 has delivered the debtor's lands, without stating that he has no 
 other lands, is, it seems, bad. (Browml. 37.) 
 
 It will be borne in mind that the sheriff's seizure of lands Seizure of 
 under an extent is merely nominal, and that he does nothing ciebts : 
 but find them through the medium of the jury, wdiich finding is nommal - 
 the seizure, and also that the sheriff has no power on an extent 
 to collect or levy the debts due to the Crown debtor, but only to 
 seize them, and that such seizure is a seizure in law, or, in other Go0( j s &c to 
 words, is merely nominal ; and further, that any goods and be sold only 
 chattels, seized under an extent, are only to be sold by the tioni exponas. 
 
 (c) Amplify form in respect of any debts, credits, &c.
 
 152 
 
 WHIT OF EXTENT. 
 
 When writs 
 returnable. 
 
 sheriff under a writ of venditioni exponas, as to which, see under 
 that title. 
 
 Writs of extent are returnable in vacation. 5 & 6 Yict. c. 86, 
 s. 8. Beg. v. Benton, 17 L. J. Ex. 204 ; 2 Ex. 216. 
 
 Delivery 
 under a 
 liberate. 
 
 Delivery of Lands and Goods and Chattels. 
 
 Delivery under a liberate is the completion of the execution. 
 Per Patterson, J., in Giles v. Grover, ante, p. 148. 
 
 Form of Liberate. 
 
 Victoria, &c, to the sheriff of greeting : Whereas 
 
 \recite ivrit]. And you have returned to Us that the said was 
 
 not found in your bailiwick after Our writ was delivered to you but 
 that you have taken into Our hands all the lands and tenements 
 goods and chattels of the said in your bailiwick and caused 
 
 them to be extended and appraized according to the tenor of Our 
 writ aforesaid to wit messuages which are appraized at £ 
 
 &c. [os in the return!. Therefore we command you that you deliver 
 to the said all the lands and tenements goods and chattels 
 
 aforesaid by you so taken into Our hands if he will have them by 
 the extent and appraisement aforesaid to hold according to the form 
 of the ordinance aforesaid until he shall be satisfied of his debt 
 aforesaid. And in what manner, &c. 
 
 Sale to be 
 under writ of 
 venditioni 
 exponas. 
 
 Sale. 
 
 Provision is made by 25 Geo. 3, c. 35, for the sale of a Crown 
 debtor's lands, &c, taken under an extent or diem clausit 
 extremum in or towards satisfaction of the Crown debt and for 
 appropriation of any surplus thereunder. And see 28 & 29 
 Vict. c. 104, s. 50. But " the Court will not make an order for 
 the sale of the debtor's lands, if goods sufficient to pay the debt 
 have been seized under the extent." West, 225 ; see Rex v. 
 Hopper, 3 Price, 40. " Under an extent against the mortgagor, 
 the equity of redemption alone ought to be sold, and notice 
 should be given to the mortgagee of the motion for an order of 
 sale of the mortgagor's interest." West, p. 225. 
 
 As already indicated sale of the Crown debtor's seized goods 
 and chattels is effected under a writ of venditioni exponas. " The 
 venditioni exj/onas orders the sheriff to sell the goods for the best
 
 SALE. 153 
 
 price lie can, and at least for that price at which they were 
 
 appraised, and to have the proceeds of the sale before the [Court] 
 
 to be paid to [it] to the use of the Crown. If the sheriff 
 
 cannot sell the goods for the appraised price, he should return 
 
 that fact, and then a venditioni exponas issues for him to sell pro Venditioni 
 
 optimo pretio without reference to the appraisement. The sheriff 2Sw»3to. 
 
 must make a return of the whole sum produced by the sale, 
 
 when the Court will order it to be paid over, deducting poundage, 
 
 and he must move the Court for any extra allowance to which 
 
 he may be entitled." lb. 220. The debtor is entitled to notice Debtor 
 
 of the intended sale. R. v. Maria, 2 Price, 155 ; 6th ed. Atk. ^Ice o/sale 
 
 252. 
 
 As to the return under "Writ of Venditioni Exponas" see Return under 
 under that title, ante, p. 110. venditioni 
 
 1 \ r exponas. 
 
 As previously intimated, the mode of compelling payment Mode of com- 
 of the debts due to the Crown debtor is by suing: out a scire pe^gP a y- 
 
 iii out of dcuts 
 
 facias or an immediate extent against the debtors of the Crown 
 debtor after the return of the inquisition. 
 
 Fees. 
 
 As to sheriff's fees under writ of extent, see under title 
 " Sheriffs' Fees, &c," post, p. 505.
 
 154 
 
 Chapter XII. 
 
 ARREST. 
 
 Introductory 154 
 
 Forms of Writs 162 
 
 Forms of Orders for Arrest and Committal - - - 168 
 
 Forms of Warrants- ------- 170 
 
 Execution of Writs 174 
 
 (1.) Initial Steps 174 
 
 (2.) Arrest 176 
 
 Time of Arrest 176 
 
 Mode of Arrest 177 
 
 Place of Arrest 181 
 
 Exemptions from Arrest - - - - - 182 
 Non-exemptions from Arrest - - - _ 186 
 The Sheriff's Relative Position in Case of Privilege 187 
 Liability of Third Parties for obstructing Arrest - 187 
 
 (3.) Escape and Rescue 188 
 
 (4.) Bail 190 
 
 (5.) Security 191 
 
 (6.) Discharge ------- 191 
 
 (7.) Re-arrest and Detention ----- 196 
 
 (8.) Several Writs 196 
 
 Return of Writs 198 
 
 Forms of Return 201 
 
 Incidental --------- 205 
 
 Fees 205 
 
 Arrest 
 process. 
 
 "Writ of 
 attachment. 
 
 Introductory. 
 
 The subject of arrest process includes the writs of attachment, 
 capias ad satisfaciendum, nc exeat regno, contumacc capiendo, and 
 habeas corpus, and also orders of arrest and committal granted 
 by the Court. 
 
 The writ of attachment which is directed to the sheriff com- 
 manding him to attach the body of a person is the proceeding
 
 INTRODUCTORY. 155 
 
 usually employed for enforcement of obedience to the orders, 
 rules, writs and other process of the Court and generally for 
 punishment of contempts. It is also issued on the Crown side 
 of the Court, upon application being made, for the purpose of 
 compelling parties to appear to answer articles of the peace 
 exhibited against them. It may also be obtained against a 
 prisoner already in the sheriff's custody. Moreover, according 
 to 14th ed. Chit. Arch. p. 897, if any person obstruct the exe- 
 cution of the process of the Court, the Court will upon an 
 affidavit of the facts grant an attachment against him, for 
 example, on a sheriff's return of rescue. It has now, however, 
 ceased to be resorted to in many cases to which it appears applic- 
 able, as, e. g., for disobedience to orders for payment of money 
 since the Debtors Act, 1869. As to judgments and orders 
 enforceable by attachment, see R. S. C, 1883, Ord. XXXI. rr. 21, 
 23, and Ord. XII. r. 18. 
 
 An order for committal may be granted by the Court (a) for Committal, 
 contempt of Court; (b) to enforce obedience to a judgment 
 requiring any person to do any act other than the payment of 
 money, or to abstain from doing anything ; (c) in bankruptcy 
 under sect. 5 of the Debtors Act, 1869 ; and (d) to compel the 
 sheriff to return a writ or to bring in the body of a person 
 ordered to be attached or committed. 
 
 Attachment differs from committal in this, that whereas the Difference 
 former is effected by a writ issued by leave of the Court and attachment 
 directed to the sheriff, the latter is directed to be made by an a nd com- 
 order of the Court, and is carried out by the tipstaff, without the 
 sheriff's aid. 
 
 Referring to the Debtors Acts, by the Debtors Act, 1869 Abolition of 
 (32 & 33 Vict. c. 62), s. 4- _ KSfSh 
 
 " "With the exceptions hereinafter mentioned, no person shall, exceptions. 
 after the commencement of this [1869] Act, [January 1st, 
 1870,] be arrested or imprisoned for making default in pay- 
 ment of a sum of money. 
 
 " There shall be excepted from the operation of the above 
 enactment : 
 
 " (1.) Default in payment of a penalty, or sum in the nature 
 of a penalty, other than a penalty in respect of any 
 contract : 
 
 " (2.) Default in payment of any sum recoverable summarily 
 before a justice or justices of the peace : 
 
 " (3.) Default by a trustee or person acting in a fiduciary
 
 156 ARREST. 
 
 capacity and ordered to pay by a court of equity any 
 sum in his possession or under his control : 
 " (4.) Default by an attorney or solicitor in payment of costs 
 when ordered to pay costs for misconduct as such, or 
 in payment of a sum of money when ordered to pay 
 the same in his character of an officer of the Court 
 making the order : 
 " (5.) Default in payment for the benefit of creditors of any 
 portion of a salary or other income in respect of the 
 payment of which any Court having jurisdiction in 
 bankruptcy is authorized to make an order : 
 " (6.) Default in payment of sums in respect of the payment 
 of which orders are in this Act authorized to be made : 
 Provided, first, that no person shall be imprisoned in 
 any cases excepted from the operation of this section 
 for a longer period than one year ; and, secondly, that 
 nothing in this section shall alter the effect of any 
 judgment or order of any Court for payment of money 
 except as regards the arrest and imprisonment of the 
 person making default in payment of such money." 
 Court or By the Debtors Act, 1878 (41 & 42 Yict. c. 54), s. 1, " In 
 
 discretion in an y case coming within the exceptions numbered 3 and 4, in 
 cases within the fourth section of the Debtors Act, 1869, and in the fifth 
 3 and 4 in section of the Debtors Act (Ireland), 1872, respectively, or 
 c^^ 3 •*' within either of those exceptions, any Court or judge, making 
 and 35 & 36 the order for payment, or having jurisdiction in the action or 
 b. 5, respec- proceeding in which the order for payment is made, may inquire 
 tively. } n to the case, and (subject to the provisoes contained in the said 
 
 sections respectively) may grant or refuse, either absolutely or 
 upon terms, any application for a writ of attachment, or other 
 process or order of arrest or imprisonment, and any application 
 to stay the operation of any such writ, process, or order, or for 
 discharge from arrest or imprisonment thereunder." 
 Saving of By the Debtors Act, 1869, sect. 5, " Subject to the provisions 
 
 committal for hereinafter mentioned, and to the prescribed rules, any Court 
 email debts, may commit to prison for a term not exceeding six weeks, or 
 until payment of the sum due, any person who makes default in 
 payment of any debt or instalment of any debt due from him in 
 pursuance of any order or judgment of that or any other com- 
 petent Court. 
 
 " Provided (1) that the jurisdiction by this section given of 
 committing a person to prison shall, in the case of any Court
 
 INTRODUCTORY. 1 07 
 
 other than the superior Courts of Law and Equity, be exercised 
 only subject to the following restrictions ; that is to say, 
 
 " (a) be exercised only by a judge or his deputy, and by an 
 
 order made in open Court and showing on its face the 
 
 ground on which it is based .... 
 " (b) be exercised only as respects a judgment of a superior 
 
 Court of Law or Equity, when such judgment does 
 
 not exceed 50/., exclusive of costs ; 
 " (c) be exercised only as respects the judgment of a county 
 
 court, by a county court judge or his deputy. 
 " (2.) That such jurisdiction shall only be exercised where it is 
 proved to the satisfaction of the Court that the person making 
 default either has or has had since the date of the order or judg- 
 ment the means to pay the sum in respect of which he has made 
 default, and has refused or neglected, or refuses or neglects to 
 pay the same. Persons committed under this section by a 
 superior Court may be committed to the prison in which they 
 would have been confined if arrested on a writ of capias ad satis- 
 faciendum, and every order of committal by any superior Court 
 shall, subject to the prescribed rules, be issued, obeyed, and 
 executed in the like manner as such writ." 
 
 Sub-sect, (b) of sect. 5 of the Debtors Act, 1869, is, however, 
 now repealed by the Fifth Schedule of the Bankruptcy Act, 1883 
 (46 & 47 Vict. c. 52), the jurisdiction of the High Court under 
 that section having been transferred by that Act to the judge 
 and registrars in bankruptcy. As to which see Bankruptcy Act, 
 1883, s. 103, and Bankruptcy Rules, 1886, rr. 355—362. 
 
 By the Debtors Act, 1869, sect. 6, "After the commencement Power under 
 of this Act a person shall not be arrested upon mesne process in eumstances 
 any action. Where the plaintiff in any action in any of her to arr est de- 
 Majesty's Superior Courts of Law at Westminster, in which, if to quit Eng- 
 brought before the commencement of this Act, the defendant lancl ' 
 would have been liable to arrest, proves at any time before final 
 judgment by evidence on oath, to the satisfaction of a judge of 
 one of those Courts, that the plaintiff has good cause of action 
 against the defendant to the amount of 50/. or upwards, and 
 that there is probable cause for believing that the defendant is 
 about to quit England unless he be apprehended, and that the 
 absence of the defendant from England will materially prejudice 
 the plaintiff in the prosecution of his action, such judge may in 
 the prescribed manner order such defendant to be arrested and 
 imprisoned for a period not exceeding six months, unless and
 
 158 
 
 AEREST. 
 
 Writ of capias 
 ad satisfacien- 
 dum. 
 
 Writ of ne 
 exeat regno. 
 
 Writ of 
 
 contumace 
 
 capiendo. 
 
 Writ of habeas 
 
 until lie has sooner given the prescribed security, not exceeding 
 the amount claimed in the action, that he will not go out of 
 England without the leave of the Court. Where the action is 
 for a penalty or sum in the nature of a penalty, other than a 
 penalty in respect of any contract, it shall not be necessary to 
 prove that the absence of the defendant from England will 
 materially prejudice the plaintiff in the prosecution of his action, 
 and the security given (instead of being that the defendant will 
 not go out of England) shall be to the effect that any sum 
 recovered against the defendant in the action shall be paid, or 
 that the defendant shall be rendered to prison." 
 
 With regard to the different branches of arrest process, a 
 writ of capias ad satisfaciendum is a writ whereby the sheriff is 
 commanded to take the body of the defendant and him safely 
 keep, so that he may have his body in Court to satisfy the 
 plaintiff the amount of the judgment and interest thereon at 4 
 per cent. Although since the practical abolition of imprisonment 
 for debt, this writ is now rarely resorted to, it still lies in the 
 cases mentioned in sub-sects. 1, 3, and 4, sect. 4 of the Debtors 
 Act, 1869, and in the case of Crown debts. As a general rule, 
 a ca. sa. only lies in cases where a capias ad respondendum [as to 
 capias ad respondendum, see under title " Outlawry," post] would 
 formerly. 14th ed. Chit. Arch. pp. 889, 892 ; and see infra as to 
 adoption of this writ in relation to execution against prisoners in 
 custody of the sheriff. A capias ad satisfaciendum may also be 
 issued in default of appearance for sentence (see C. 0. E,., 1886, 
 r. 276), and on outlawry after judgment, as to which see 
 under title " Outlawry," post, p. 226. 
 
 As to writ of ne exeat regno, according to the Annual Practice, 
 1894, p. 1161, and cited authorities, this writ is granted to pre- 
 vent a person from leaving the realm to the damage of the 
 person to whom he is indebted, until he has given security for 
 the amount of the debt, and in order to obtain this writ the 
 demand must be pecuniary, must be actually due, and for an 
 ascertained amount. Moreover, the debt must be payable in 
 praisenti, and under the present practice this writ is not to be 
 issued except in cases which come within the provisions of sect. 6 
 of the Debtors Act, 1869. 
 
 A writ of contumace capiendo is for the attachment of a person 
 who is contumacious and contemns the authority of the law and 
 ecclesiastical jurisdiction. 
 
 " The writ of habeas corpus lies in civil as well as in criminal
 
 INTRODUCTORY. 
 
 159 
 
 cases. In criminal cases the writ and proceedings depend on the corpus, and in 
 statute 31 Car. 2, c. 2. The writ of habeas corpus, in civil cases, ^ es 
 is a judicial writ commanding the sheriff, or other officer to whom 
 it is directed, to have the body of the defendant, together with 
 the day and cause of taking and detaining him, before the Court 
 or a judge, on a day certain in term time, or immediate to answer 
 or satisfy the plaintiff, or generally to do and receive what the 
 Court or judge shall consider of him." 2nd ed. Watson Slier., 
 p. 235. The following are the different kinds of habeas corpus 
 with the purposes for which they are used, viz. : — Habeas corpus 
 ad subjiciendum (the remedy for all kinds of illegal confinement) ; 
 habeas corpus ad testificandum (for bringing up prisoners to give 
 evidence) ; habeas corpus ad respondendum (for bringing up a 
 prisoner for examination or trial on a criminal charge) ; habeas 
 corpus ad deliberandum and rccipias (for the removal of a prisoner 
 from one gaoler to another) ; habeas corpus to bring in the body 
 of a defendant on return of ccpi corpus (and as to which latter 
 process, see C. 0. R., 1886, r. 263) ; and habeas corpus ad satis- 
 faciendum in connection with execution against prisoners. It 
 would appear that the writ of habeas corpus to bring in the body 
 of a defendant on a return of ccpi corpus is practically now the 
 only writ of habeas corpus directed to the sheriff. 
 
 With regard to the practice applicable to arrest process, see Practice 
 (a) R of S. C, 1883, Ord. XLIV. {a) (which, however, it seems g£jj££. 
 does not extend to Crown side proceedings) ; (b) for the practice 
 applicable to writs of attachment generally, in common with other 
 writs of execution, see Ord. XLII. (Ord. XLII. applies as far as 
 it is applicable to all civil proceedings on the Crown side, C. O. 
 E., 1886, r. 217) ; and (c) so far as applicable, R. of S. C, 1883, 
 Ord. LII. (motions and other applications), and connected there- 
 with, C. 0. R, 1886, r. 250. See also the following C. 0. R, 
 1886, viz., rr. 217—228 (Execution) ; rr. 229—231 (Writs) ; 
 rr. 235—219 {Habeas corpus); rr. 250— 260 (Motions); rr. 261— 
 276 (Attachment for Contempt) ; rr. 277 — 279 (De contumace 
 capiendo, excommunicato capiendo) ; rr. 280 — 292 (Articles of the 
 Peace), and connected therewith, rr. 123 — 126 (Recognizances); 
 rr. 83 — 98 (Appearance to Indictment, Information and Inquisi- 
 tion), and as to "Time," see C. 0. R., 1886, rr. 293—298 (Time), 
 andRS.C., 1883, Ord. LXIV. (Time), and Ord. LXIII. (Sittings 
 
 (a) For tho Eules of tho Supreme Court, 1S83, and tho Crown Office 
 Rules, 188G, see Chap. III. "General Practice."
 
 160 
 
 ARREST. 
 
 Practice 
 applicable to 
 arrest under 
 Debtors Acts. 
 
 Issuing and 
 indorsing 
 ca. sa. and 
 ne exeat regno. 
 
 "Writ de eontu- 
 mace capiendo. 
 
 Return. 
 
 and Vacation). As to attachment for appearing to an informa- 
 tion, this writ of attachment is to be issued at the Crown Office 
 and lodged at the office of the under-sheriff of the county, &c, 
 to be executed like other writs of attachment. Short & 
 Mellor's Prac. of the C. 0., p. 412 ; and see that work for 
 further information on this branch of arrest, including the inci- 
 dental process of supersedeas on appearance. See also that work 
 at pp. 410, 411, for further information as to the practice relat- 
 ing to attachment against a prisoner; and at pp. 412 — 414 as to 
 attachment on a return of rescue. And see the same authority, 
 p. 782, as to duration of order for attachment, and at pp. 414, 
 415, 416, as to setting aside a writ of attachment. 
 
 The practice in regard to arrest under the Debtors Acts is 
 chiefly governed by (1) the Debtors Act, 1869, ss. 4, 5, and 6, 
 ante, p. 155 ; the Debtors Act, 1878, s. 1, ante, p. 156 ; (2) the 
 General Rules under the Debtors Act, 1869, Mich. Term, 1869; 
 and (3) the following Rules of the Supreme Court, viz., R. of 
 S. C, 1883, Ord. XLII. r. 25 (as to date, duration, and renewal 
 of order of commitment under the Debtors Act, 1869), and ib., 
 Ord. LXIX. (relating to arrest of defendant under the 6th section 
 of that Act) ; whilst, as to the practice in relation to arrest under 
 sect. 6 of the Debtors Act, 1869, see the Annual Practice, 1894, 
 p. 1161, and 14th ed. Chit. Arch. p. 1491. 
 
 As to writ of eapias ad satisfaciendum, see, as to when it is to be 
 sued out, R. of S. C, 1883, Ord. XLII. it. 19 and 22, and as to 
 mode of suing out and indorsing it, ib. rr. 11 and 12, and Chit. 
 Arch., 14th ed., pp. 889 et seq.; and see as to writ of ne exeat 
 regno, R. of S. C, 1883, Ord. LXVI. r. 7 (j). 
 
 The writ of contumace capiendo is chiefly governed by 5 Eliz. 
 c. 23 ; 53 Geo. 3, c. 127, s. 1 ; 2 & 3 Will. 4, c. 93, ss. 1, 2, 
 and 3 ; 3 & 4 Will. 4, c. 41, s. 28 ; 3 & 4 Will. 4, c. 93, s. 1 ; 
 the Public Worship Regulation Act, 1874 (37 & 38 Vict. c. 85), 
 s. 5; and the C. 0. R., 1886 (de contumace capiendo, excommunicato 
 capiendo), rr. 277 — 279, ante, p. 44, which rules, it will be ob- 
 served, also regulate the practice applicable to capias super con- 
 furnace capiendo. The power to issue a writ de contumace capiendo 
 under 53 Geo. 3, c. 127, for disobedience of an order of the Eccle- 
 siastical Court, is not confined to cases where obedience to the 
 order remains possible. Ex parte Rev. James Bell Cox, 30 Q. 13. 
 D. 1 ; 57 L. J. Q. B. 95. This writ, it appears, is executed in 
 the same way as an attachment, except that it is sufficient for 
 the sheriff to return it with the manner of its execution. 5 Eliz.
 
 INTRODUCTORY. 1C1 
 
 c. 23, s. 2. At return day of the writ the sheriff, or other 
 officer to whom the writ or other process shall be directed, is not 
 compellable to bring in the body ; but on return of non est 
 inventus, vapid* shall issue, returnable in term time two months 
 after the teste, with proclamations against the party to, within 
 six days next after such proclamation, surrender as a prisoner to 
 the sheriff or such other officer according to the tenor and effect 
 of the first writ of excommunicato capiendo, and thereupon, after 
 such proclamation had, and the expiration of such six days, the 
 sheriff, or such other officer, shall make return of such writ of 
 capias of all that he has done in its execution, and whether the 
 party therein named have so yielded his body to prison or not, 
 under forfeiture of 10/., and on such party's default such for- 
 feiture shall be estreated and a fresh capias with like proclama- 
 tion to surrender on forfeiture of 20/. shall issue, and so con- 
 tinually until the party shall surrender. 5 Eliz. c. 23, ss. 4 — 7. 
 When the party surrenders to the hands of the sheriff, or other 
 officer, upon any of the said writs of capias, he shall remain in 
 the custody of such sheriff, or other officer, without bail in like 
 manner as under writ of excommunicato capiendo. Ib.e. 3; and 
 see C. 0. E., 1886, r. 279. 
 
 A writ de con tu mace capiendo is bad, and will be set aside, if it be 
 directed to the sheriff of one county, and it appear by the writ 
 that the defendant is resident in another. Ilex v. Rickctts, 6 
 A. & E. 537; Rex v. Hewitt, ib. 547. According to Patteson, J., 
 in the case of Rex v. Hewitt, the writ can go only to the sheriff 
 of the county of which the defendant is described to be. On his 
 returning " non est inventus," a capias super contumacc may issue 
 into any other county. 
 
 The practice applicable to habeas corpus is, as already intimated, Practice 
 chiefly regulated by 31 Car. II. c. 2. See also (1) as to habeas JJ*Sof 
 corpus ad subjiciendum, 10 Car. I. c. 10, s. 8, 56 Geo. III. c. 100, habeas corpus. 
 ss. 1, 2, 3, 4, and 6, 26 Vict. c. 20, 39 & 40 Vict. c. 36, ss. 243 
 and 244, The Extradition Act, 1870 (33 & 34 Vict. c. 52), s. 11 
 and C. O. R, 1886, r. 35 (certiorari), it. 235 — 245 (habeas corpus 
 ad subjiciendum), rr. 246 — 249 (other writs of habeas corpus), 
 rr. 250 — 254 (motions), and r. 305 (applications at chambers) ; 
 (2) as to habeas corpus ad testificandum, 44 Geo. III. c. 102, 
 52 & 53 Vict. c. 49, s. 18 (2), and C. O. 11, 1886, rr. 246, 247 
 (other writs of habeas corpus) ; (3) as to habeas corpus ad respon- 
 dendum, 43 Geo. III. c. 140, and C. O. 11., 1886, rr. 246—249 
 (other writs of habeas corpus) ; and (4) as to habeas corpus ad 
 
 M- M
 
 162 ARREST. 
 
 deliberandum and recipias, see in particular sect. 9 of 31 Car. II. 
 c. 2 (as partially qualified by The Prisons Act, 1865, 28 & 29 
 Vict. c. 126, ss. 63 and 64, and The Prisons Act, 1877, 40 & 41 
 Yict. c. 21, s. 28), 38 Geo. III. c. 52, s. 3, and C. 0. P., 1886, 
 rr. 246 — 248 (other writs of habeas corpus) ; and (5) as to the 
 practice relating to the writ of habeas corpus ad satisfaciendum, 
 see 14th ed. Chit, Arch. pp. 1194 et seq. 
 
 Writs of habeas corpus, granted by a judge, are now indorsed 
 with his name instead of his signature as was formerly required. 
 
 Forms of Writs. 
 
 1. Writ of Attachment (Form No. 12, App. H., E. S. C. 1883). 
 
 18 . \Here put the letter and numbcr~\. 
 18 . B. No. . 
 In the High Court of Justice. 
 Division. 
 
 Between A. B. - - - - - - Plaintiff. 
 
 and 
 CD. Defendant. 
 
 Victoria, by the grace of God, &c., To the sheriff of , 
 
 greeting : 
 
 "We command you to attach C. D. so as to have him before Us in 
 the division of Our High Court of Justice wheresoever the 
 
 said court shall then be, there to answer to Us, as well touching a 
 contempt which he it is alleged hath committed against Us, as also 
 such other matters as shall be then and there laid to his charge, 
 and further to perform and abide such order as Our said Court 
 shall make in this behalf, and hereof fail not, and bring this writ 
 with you. 
 
 Witness, &c. 
 
 2. Writ of Attachment (Form No. 190, C. 0. E. 1886). 
 
 Victoria, by the grace of God, &c. To the sheriff of , 
 
 greeting : 
 
 We command you to attach C. D., so that you may have him 
 before Us in the Queen's Bench Division of Our High Court of 
 Justice, at the Eoyal Courts of Justice, London, on the day of 
 
 189 , to answer to Us for certain trespasses and contempts 
 brought against him in Our said Court : and have you then there 
 this writ. 
 
 Witness, &c.
 
 FORMS OF WRITS. 
 
 3. Writ of Attachment to answer an Information (Form No. 5 1. 
 C. 0. E. 1886). 
 
 Victoria, by the grace of God, &c, To the sheriff of , 
 
 greeting : 
 
 "We command you to attach A. B., if he shall be found in your 
 bailiwick, and him safely keep, so that you may have his body, 
 before Us in the Queen's Bench Division of Our High Court of 
 Justice, at the Eoyal Courts of Justice, London, on the day 
 
 of 189 , to answer to Us for certain misdemeanours whereof 
 
 he is impeached, and that you have then there this writ. 
 
 Witness, &c. 
 
 4. Writ of Attachment to answer Information Quo Warranto (Form 
 
 No. 55, C. 0. E. 1886). 
 
 \_Same as JYo. 3.] 
 
 [Except that instead of the words " to answer to Us for certain 
 misdemeanours, tifc." say : — ] to answer to Us upon an information 
 in the nature of a Quo Warranto exhibited against him by Frederick 
 Cockburn, Esquire, Our coroner and attorney in the Queen's Bench 
 Division of Our High Court of Justice, to show by what authority 
 he claims to be, &c. 
 
 This writ was issued by, &c. 
 
 5. Attachment on the Return of a Rescue (Form No. CCXLY. from 
 
 Short and Mellor's Practice of the C. 0.). 
 
 Victoria, &c. To the sheriff of greeting : 
 
 "We command you that you do not forbear, &c. but that you attach 
 A. B., if he shall be found in your bailiwick, and him safely keep 
 so that you may have him before Us in the Queen's Bench Division 
 of Our High Court of Justice at the Eoyal Courts of Justice, London, 
 on the day of to answer to Us for certain trespasses, 
 
 contempts, and rescues whereof by your return (or the return of 
 sheriff of the county of ) he is impeached. And that 
 
 you have there this writ. 
 Witness, &c. 
 
 6. Writ of Attachment for the Peace (Form No. 196, C. 0. E. 1886). 
 
 Victoria, by the grace of God, &c, to the sheriff of , 
 
 greeting ; Because A. B. was afraid that he might be in many ways 
 disquieted and made grievous concerning his life and maiming 
 of his limbs by C. D., as the said A. B. has made oatli before Us; 
 therefore We command you that you attach the said C. D. so that 
 you may have him before Us on the day of to find then 
 
 before Us sufficient security for the keeping of Our peace by him 
 towards l*s and all Our people, and especially towards the said 
 A. r>.. under a certain penalty then to be imposed on him by Os, 
 and when you have so attached the said C. D. you are to discharge 
 him on bail until the said day by sufficient manucaptors, who shall 
 be willing to bail him under a certain penalty reasonably to be 
 
 163
 
 164 ARREST. 
 
 imposed upon thern by you, as well for the keeping his day as for 
 the keeping Our peace by him in the meantime. Witness, &c. 
 
 (To be indorsed) 
 
 This writ is granted on motion in open Court and the cause 
 thereon recorded according to the form of the statute in such 
 case made and provided. 
 This writ was issued by, &c. 
 
 7. Writ of Capias ad Satisfaciendum. 
 
 18 . [Here put letter and number. .] 
 In the High Court of Justice. 
 Division. 
 Between A. B. - - - - - Plaintiff. 
 
 and 
 CD.----- Defendant. 
 
 Victoria, by the grace of Cod, of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith. 
 
 To the sheriff of greeting : 
 
 We command you that you [omit not by reason of any liberty of 
 your county, but that you enter the same and] (b) take C. D., if he 
 shall be found in your bailiwick, and him safely keep, so that you 
 may have his body before Us in the Queen's Bench Division of Our 
 High Court of Justice immediately after the execution hereof, to 
 satisfy A. B. £ , together with interest thereon at the rate of 
 
 £ per centum per annum from the day of 18 
 
 \_the day on which judgment was entered] which said sum of money 
 and interest were lately before Us in Our High Court of Justice in 
 a certain action wherein A. B. is plaintiff and C. D. is defendant, 
 by a judgment of Our said Court bearing date the day 
 
 of , adjudged to be paid by the said C. D. to A. B. [following 
 
 the terms of the judgment] and have you there then this writ. 
 Witness {name of Lord Chancellor), Lord High Chancellor of 
 
 Great Britain, the day of in the year of our Lord 
 
 (To be indorsed) 
 
 Levy the whole [or 'levy £ '] and interest thereon [or 
 
 ' on £ '] at £4 per cent, from the day of , 18 , 
 
 and £ for this writ and warrant thereon, besides sheriff's and 
 
 officers' fees, and other expenses of the execution. 
 
 This writ was issued by X. Y. of , solicitor, [or 'agent 
 
 for X. Y. of , solicitor 'J for the within-named plaintiff [or 
 
 if the writ was issued in person, say, 'issued by A. B. the plaintiff, 
 
 (I)) The non-omiitas clause is not inserted in the form of writ given in 
 the App. to 11. of S. C. 1883. Where there is such a clause, "no warrant 
 to the bailiff of a liberty is required where it is to be executed within the 
 liberty, for the sheriff and not the bailiff must execute a writ containing 
 such a clause." 6th ed. Atk. 226, and cited authority.
 
 FORMS OF WRITS. 165 
 
 in person, who resides at ,' mentioning the city, town, or parish, 
 
 and also the name of the hamlet, street and number of the house of the 
 plaintiff, if such there, be~\. 
 
 The defendant is a , and his place of abode is No. , 
 
 street. 
 
 8. Writ of Capias ad Satisfaciendum after Judgment (Form No. 144, 
 C. 0. E. 188G). 
 
 Victoria, by the grace of God, &c, to the sheriff of , greeting : 
 
 We command yon that you take A. B., if he shall be found in your 
 bailiwick, and him safely keep, so that you may have his body 
 before Us in the Queen's Bench Division of Our Iligh Court of 
 Justice, on tho day of , 18 , to satisfy Us concerning 
 
 his redemption by reason of certain , whereof he is indicted, 
 
 and thereupon by a jury of the country taken between Us and the 
 said A. B. [or by his own default or confession] he stands convicted, 
 as in Our said Court before Us it appears upon record. And have 
 you then there this writ. "Witness, &c. 
 
 9. Writ of Capias to answer to Indictment, or Information 
 (Form No. 57, C. 0. E. 188G). 
 
 Victoria by the grace of God, &c, to the sheriff of , greeting : 
 
 "Wo command you that you take A. B., if he shall be found in 
 your bailiwick, and him safely keep, so that you may have his body 
 before Us in the Queen's Bench Division of Our High Court of 
 Justice at the Royal Courts of Justice, London, on the day 
 
 of 189 , to answer to Us for certain misdemeanors [or felonies] 
 
 whereof he is indicted [or impeached]. And have you then there 
 this writ. 
 
 "Witness, &c. 
 
 10. Writ of Xc Exeat Regno. 
 
 Victoria, &c. ; Because We are given to understand that pur- 
 
 poses to go over towards foreign parts (to prosecute there many things 
 prejudicial and hurtful to Us and many of Our people): We willing 
 to resist his malice in this behalf command you firmly enjoining 
 that you cause the aforesaid to come corporally before you 
 
 and by what means you can compel him to find sufficient manu- 
 captors who will bail him under a certain penalty to be reasonably 
 imposed on them by you, for which you will answer to Us. In 
 witness, &c. 
 
 Or thus — 
 
 And him tho said to find sufficient security under tho 
 
 penalty of £ to be paid to Our use or any one of them in the 
 
 penalty of, &c. that he go not towards foreign parts without Our 
 special licence, nor presume to prosecute or cause to be attempted 
 to be prosecuted anything whatsoever there which may be aide to pre- 
 vail to the contempt of Us or to the prejudice or damage of Our people, 
 nor send any person or persons there for that purpose. And if he shall
 
 166 ARREST. 
 
 refuse to do this before you that then you do commit him the said 
 to Our next gaol to be kept safely in the same until he will 
 freely do so ; and when you shall have so taken that security there- 
 upon without delay distinctly and openly inform Us thereof, or 
 certify in Our Chancery under your seal remitting to Us this writ, 
 &c. Witness, &c. 
 
 11. Writ of Contumace Capiendo (Form No. 194, C. 0. E. 1886). 
 
 Victoria, by the grace of God, &c, to the sheriff of , greeting: 
 
 Whereas, A. B. has signified to Us, &c, that C. D., of, &c. in your 
 county of is manifestly contumacious and contemns the juris- 
 
 diction and authority of the law and jurisdiction ecclesiastical of 
 [here state the contempt charged'], nor will C. D. submit to 
 the ecclesiastical jurisdiction, but forasmuch as the royal power 
 ought not to be wanting to enforce such jurisdiction, We command 
 you that you attach the said C. D. by his body until he shall have 
 made satisfaction for the said contempt, and how you shall execute 
 this Our precept notify unto Us on the day of at Our 
 
 Royal Courts of Justice, London. And in nowise omit this and 
 have you there then this writ. 
 
 Witness Ourself at Westminster the day of in the 
 
 year of Our reign. 
 
 (Signed) Esher, 
 
 (Master of the Eolls.) 
 
 {To be indorsed after delivery into Court.) 
 
 This writ is allowed and delivered of record before our Lady the 
 
 Queen in the Queen's Bench Division of Her Majesty's High Court 
 
 of Justice, at the Royal Courts of Justice, London, the day of 
 
 ,18 , according to the form of the statute in such case made 
 
 and provided. 
 
 In Court. 
 
 12. Writ of Capias cum Proclamations super Contumace Capiendo 
 
 (Form No. 195 C. 0. E. 1886). 
 
 Victoria, by the grace of God, &c, to the sheriff of greeting : 
 
 Whereas [recite the lorit of conhimace capiendo throughout in the 
 past tense]. 
 
 And whereas, in obedience to the said writ, you returned to Us 
 that [recite the return which should state that (the defendant) cannot 
 be found in the sheriff's bailiwick], as in the Queen's Bench Division 
 of Our High Court of Justice before Us it appears upon record. 
 Therefore, according to the form of the statutes in such case made 
 and provided, We command you that you take the said , if 
 
 he shall be found in your bailiwick, and him safely keep, so that he 
 may make satisfaction for the said contempt, and if the said 
 shall not be found in your bailiwick, that then you cause open pro- 
 clamation to be made ten daj r s at least before the return of this writ 
 in your full County Court, or else at tho general assizes and gaol 
 delivery to be holden within your said county or at a quarter ses- 
 sions, to be holden before the Justices of the peace within your said
 
 FORMS OF WRITS. 167 
 
 county, according to tho form of the statutes that the said 
 shall, within six days next after such proclamation, yield his body 
 to Our prison of your said county, there to remain as a prisoner 
 according to the tenor and effect of Our said first writ to you [_or to 
 the then sheriff] before directed, under pain of forfeiture of ten 
 pounds (c) of lawful money of Great Britain, and how you shall exe- 
 cute this Our writ make known to Us at the Royal Courts of Justice, 
 London, on the day of next, that "We may cause further 
 
 to be done thereon what of right and according to the form of the 
 statutes in such case made and provided, shall be meet to be done. 
 
 Witness, John Duke, Baron Coleridge, at the Royal Courts of 
 Justice, London, the day of in the year of Our Lord one 
 
 thousand, &c. 
 
 13. Writ of Capias cum Proclamations into a Foreign County 
 (Form No. 60, C. 0. R. 1886). 
 
 Victoria, by the grace of God, &c, to the sheriff of greeting: 
 
 "We command you that you take A. B., if he shall be found in 
 your bailiwick, and him safely keep so that you may have his body 
 before Us in the Queen's Bench Division of Our High Court of 
 Justice, at the Roj^al Courts of Justice, London, on [three or four 
 months between teste and return, as the case may be~] the day of 
 
 next, to answer to Us for certain [misdemeanors] whereof he is 
 indicted ; and if you cannot find the said A. B. in your bailiwick, that 
 then you make public proclamation in two County Courts of your 
 county before the return of this writ, that he be before Us at the 
 aforesaid day to answer to Us concerning the premises according to 
 the Rule in that case made and provided, and have you then there 
 this writ. 
 
 Witness, &c. 
 
 This writ was issued by, &c. 
 
 14. Writ of Habeas Corpus on Return of Cepi Corpus 
 (Form No. 192, C. 0. R, 1886). 
 
 Victoria, by the grace of God, &c, to the shei-iff of greeting: 
 
 We command you that you have the body of before Us in 
 
 the Queen's Bench Division of Our High Court of Justice, at the 
 Royal Courts of Justice, London, forthwith after the receipt of this 
 Our writ, to answer to Us for certain trespasses and contempts 
 brought against him in Our said Court before Us and whereof by 
 your return sent to Us you have charged yourself. And have you 
 then there this writ. 
 
 Witness, &c. 
 
 (c) Tho second capias twenty pounds, and the like sum in every subse- 
 quent writ.
 
 168 ARREST. 
 
 15. Writ of Habeas Corpus to bring up Prisoner to be bailed 
 (Form No. 69, C. 0. R, 1886). 
 
 Victoria, by the grace of God, &c, to , greeting : 
 
 We command you that you have in the Queen's Bench Division 
 of Our High Court of Justice \_or before a Judge in Chambers], at 
 the Royal Courts of Justice, London, immediately after the receipt 
 of this Our writ, the body of A. B. being taken and detained, 
 under your custody as is said, together with the day and cause of 
 his being taken and detained, by whatsoever name he may be called, 
 to undergo and receive all and singular such matters and things as 
 Our said Court [or Judge] shall then and there consider of concern- 
 ing him in this behalf ; and have you there then this Our writ. 
 
 Witness, &c. 
 
 (To be indorsed.) 
 By Order of Court [or of Mr. Justice ]. 
 
 This writ was issued by, &c. 
 
 16. Writ of Habeas Corpus ad Subjiciendum (Form No. 176, 
 C. 0. R, 1886). 
 
 [Exactly similar to above form 15 with the addition of the word 
 (t therein " after the word " called " in the 6th line of above form.] 
 
 Forms of Orders for Arrest and Committal. 
 
 1. Order for Arrest (Capias) under Debtors Act (Form No. 31, 
 App. K., R, of S. C. 1883). 
 
 18 . [Here put letter and number. ,] 
 In the High Court of Justice, 
 Division. 
 
 Between - Plaintiff, 
 
 and 
 
 Defendant. 
 
 Upon hearing and upon reading the affidavit of , filed 
 
 the day of , 18 , and 
 
 It is ordered that the defendant be arrested and imprisoned 
 
 for the term of from the date of his arrest, including the day 
 
 of such date, unless and until he shall sooner dejjosit in Court 
 the sum of £ , or give to the plaintiff a bond executed by him 
 
 and two sufficient sureties in the penalty of £ , or some other 
 
 security satisfactory to the plaintiff * that he the defendant will not 
 go out of England without the leave of the Court. 
 
 And it is further ordered that the sheriff of do within one 
 
 calendar month from the date thereof, including the day of such 
 date, and not afterwards, take the defendant for the purpose afore- 
 said, if he shall be found in tho said sheriff's bailiwick. 
 
 Dated the day of ,18 .
 
 FORMS OF ORDERS FOR ARREST AND COMMITTAL. 169 
 
 The under-mentioned extract from Chitty's Forms p. 762 will, 
 moreover, be of service : — 
 
 [ The following indorsements must be made on the order.~\ This 
 order was issued by of , solicitor for the plaintiff 
 
 within named [or if the order was sued out by a .solicitor as agent for 
 another solicitor in the country, say, "This order was issued by 
 [the agent's name) of , as agent for of solicitor for the 
 
 plaintilf within named"], [or, if the writ teas sued out by the 
 
 plaintiff in person, say "This order was issued in person by the 
 plaintilf [or, if more titan one, name them all accordingly) within 
 named, who resides at" [mention the city, town or parish, and also 
 the name of the hamlet, street, and number of the house of the plaintiff's 
 residence, if any such there be)~\. (See 1 Pr. 13th ed. 617 n.) 
 
 There is also another indorsement to be made by the officer executing 
 the writ, of the day of executing it. But this of course cannot be made 
 until after the arrest. It runs as follows : "The within named 
 was arrested by me by virtue of this order on the day 
 
 of 
 
 2. Order when the Action is for a Penalty or Sum in the Nature of a 
 Penalty irrespective of any Contract. 
 
 [Proceed as in preceding form to the asterisk *, and then thus^\ : — 
 That any sum recovered against him in this action shall be paid, or 
 that he shall be rendered to prison. 
 
 And [$v. as in preceding form~\. 
 
 3. Order for Committal of Judgment Debtor (d) (Form No. 48 App. K., 
 E. of S. C. 1883). 
 
 18 . [Here put the letter and number). 
 In the iTigh Court of Justice, 
 Division. 
 Judge in Chambers. 
 
 Between - - - Judgment creditor, 
 
 and 
 
 - Judgment debtor. 
 
 Upox hearing and upon reading the affidavit of filed 
 
 the day of 18 , and , 
 
 It is ordered that the above-named judgment debtor be, for 
 default in payment of the debt hereinafter mentioned, committed to 
 prison for the term of from the date of bis arrest, including 
 
 the day of such date, or until he shall pay I' , being the 
 
 amount due from him in pursuance of a judgment [or order] of the 
 High Court of Justice bearing date the day of ,18 , 
 
 together with interest thereon at £4 per cent, per annum from the 
 
 ((/) Forma Nbs. :J and I are no longer in use in the <j. 1'.. Chambers, 
 proceedings relating to them having been transferred to the Bankru 
 Court. See ante, p. 137.
 
 170 ARREST. 
 
 aforesaid date, and £1 65. Sd. for costs of this order, and sheriff's 
 fees for the execution thereof. 
 
 And it is further ordered that the sheriff take the said debtor for 
 the purpose aforesaid if he is found within his bailiwick. 
 
 And it is ordered that the costs of this application be 
 
 Dated the day of 18 . 
 
 4. Order for Committal of Judgment Debtor on Non-payment of 
 Instalment (Form No. 49 App. K., E. of S. C. 1883). 
 
 [Heading as in preceding form.'] 
 
 Upon hearing and upon reading- the affidavit of filed 
 
 the day of 18 , and , 
 
 It is ordered that the above-named judgment debtor be for 
 default in payment of £ , being the amount of the \_frst] 
 
 instalment of the judgment debt of £ , in this action directed 
 
 to be paid pursuant to the order of bearing date the 
 
 day of 18 , committed to prison for the term of from 
 
 the date of his arrest, including the day of such date, or until he 
 shall pay the said instalment together with 13s. Ad. the costs of this 
 order, and sheriff's fees for the execution thereof. And it is further 
 ordered that the sheriff of take the said debtor for the purpose 
 
 aforesaid if he is found in his bailiwick. 
 
 And it is ordered that the costs of this application be 
 
 Dated the day of 18. 
 
 Forms of Warrants. 
 
 1. Warrant on Attachment. 
 
 County of to wit : Sheriff, of the county aforesaid 
 
 to the keeper of the gaol of the said county and also to and 
 
 my bailiffs, greeting : By virtue of a writ of our Sovereign 
 Lady the Queen to me directed, I command you and every of you 
 jointly and severally that you omit not by reason of any liberty in 
 my bailiwick, but that you or one of 3-ou enter the same and attach 
 if he shall be found in my bailiwick and him safely keep, so 
 that I may have his body before her Majesty's High Court of 
 Justice Division on the day of to answer her 
 
 Majesty concerning divers trespasses, contempts and offences by 
 him done and committed. Hereof fail not as you will answer at 
 your peril. Given under the seal of my office this day of 
 
 in the year of our Lord one thousand eight hundred and ninety 
 
 By the same sheriff 
 
 (Seal of Office.) 
 
 2. Warrant on Attachment for the Peace. 
 to wit : Esquire, sheriff of the county of afore- 
 
 said to and my bailiffs greeting : By virtue of the 
 
 Queen's writ of attachment for the peace to mo directed, I command
 
 FORMS OF WARRANT. 171 
 
 each and every of you jointly and severally that you omit not by 
 reason of any liberty in my bailiwick but that you enter the same 
 and take if he shall be found in my bailiwick and him safely 
 
 keep until he shall have given me bail as in the said writ is com- 
 manded. And in what manner you shall have executed this warrant 
 certify to me immediately after the execution thereof. Given under 
 the seal of my office this day of 18. 
 
 By the sheriff 
 
 (Seal of Office.) 
 
 3. Warrant on a Ca. Sa. 
 
 to wit : S. S., Esquire, sheriff of the said county, [to the 
 
 keeper of the gaol of the said county and] to B. B. my bailiff, 
 greeting : — By virtue of Her Majesty's writ to me directed and de- 
 livered, I command you, that 3 - ou [omit not by reason of any liberty 
 in my county, but that you enter the same and] take C. D. where- 
 soever he may be found in my bailiwick, and him safely keep, so 
 that I may have his body before our lady the Queen in the 
 Division of Her Majesty's High Court of Justice, immediately after 
 the execution hereof [or "on ," if the writ be returnable on a 
 
 particular day], to satisfy A. B. of £ , which the said C. D. in 
 
 the Queen's Bench Division of Her Majesty's said High Court of 
 Justice was ordered to pay to the said A. B. together with interest 
 [ $•<?. as in the ca. sa.~] and have you this warrant, and fail not at 
 your peril. Given under the seal of my office, the day 
 
 of , A.D. 
 
 By the sheriff 
 
 (Seal of Office.) 
 
 Mr. X. Y., solicitor for the plaintiff. 
 
 The writ issued the day of 
 
 Take no bail whatever. 
 
 4. Warrant on Xc Exeat Regno. 
 
 County of to wit. sheriff of the county aforesaid, to 
 
 the keeper of the gaol of the said county and also to my bailiffs, 
 greeting : By virtue of a writ of our sovereign lady the Queen to 
 me directed, bearing date the Jay of one thousand eight 
 
 hundred and ninety I command you, and each of you, jointly 
 
 and severally that you one or any of you do without delay arresl the 
 body of and keep him safe, until he gives sufficient bail in- 
 
 security in the sum of that he will not go or attempt to go 
 
 into parts beyond the seas without leave of the Division of 
 
 the High Court of Justice of our said lady the Queen. And in 
 case he refuse to give such bail or security, then I further command 
 you, each and every of you, that you commit him to the prison of 
 my county, there to be kept in safe custody until he shall do it of 
 his own accord, and when he shall have given such security, you 
 are forthwith to make the same known to me so that I may make
 
 172 
 
 ARREST. 
 
 and return a certificate thereof to tlie said Court of our said lady 
 the Queen distinctly and plainly under my seal of office. 
 
 Hereof fail not, as you will answer at your peril. Given under 
 the seal of my office, this day of in the year of our 
 
 Lord one thousand eight hundred and 
 
 Writ indorsed by the Lord Chancellor of Great Britain at the 
 instance of 
 
 Take security in the sum of £ 
 
 By the sheriff 
 
 (Seal of Office.) 
 
 5. Warrant on Writ of Contumace Capiendo. 
 
 — to wit Esquire, sheriff of the said county to and 
 
 my bailiffs greeting: By virtue of Her Majesty's writ bearing date 
 the day of in the year of Our Lord one thousand eight 
 
 hundred and ninety to me directed and delivered I do hereby 
 
 command you and each of you jointly and severally that you 
 take of wheresoever he may be found in my bailiwick 
 
 and him safely keep so that he may make satisfaction for the con- 
 tempt mentioned in the said writ as in such writ I am commanded. 
 And in what manner you shall have executed this warrant certify to 
 me immediately after the execution hereof. 
 
 Given under the seal of my office this day of 189 . 
 
 By the sheriff 
 (Seal of Office.) 
 
 6. Warrant on Writ of Capias cum Proclamations super Contumace 
 
 Capiendo. 
 
 [Adopt above form icith regard to capias portion of the tvrit, and as 
 to proclamations see under title " Outlawry," post, p. 227.] 
 
 7. Warrant to Gaoler and Bailiff to convey Prisoner on a Habeas 
 
 Corpus. 
 
 — to wit Esquire, sheriff of the said county of to 
 
 keeper of the gaol of in this county, and to my 
 
 bailiff (for this time specially appointed) : By virtue of Her 
 Majesty's writ to me directed I command you that you safely and 
 securely convey the body of immediately after the receipt of 
 
 this warrant to and before [name of judge by whom writ signed'] in 
 the Queen's Bench Division of Her Majesty's High Court of Justice 
 at the Royal Courts of Justice, London, to do, submit, and receive 
 what the said Court shall then and there consider of him in this 
 behalf. Hereof fail not at your peril. Given under my hand and 
 seal of office this day of 18 . 
 
 By the sheriff 
 
 (Seal of Office.)
 
 FORMS OF WARRANT. 173 
 
 8. Warrant to Arrest. 
 
 \_the county, 8fc. to the sheriff of which the writ is directed] 
 Esquire, sheriff of the county aforesaid, to and 
 
 my bailiffs greeting: By virtue of an order of the Honourable 
 Sir Knight, one of the Justices of the High Court of Justice, 
 
 dated the day of to me directed, I command you, and 
 
 each and every of you jointly and severally, that you or any of you 
 omit not by reason of any liberty of my bailiwick, but that you 
 enter the same and within one calendar month from the said 
 day of [date of the order'] inclusive of that day, and not after- 
 
 wards, take if he shall be found in my bailiwick and arrest 
 
 and imprison him for [as in the order] months from the date 
 
 of the arrest, including the day of such date, unless and until he 
 shall sooner deposit in Court the sum of £ or give to a 
 
 bond executed by him and two sufficient securities in the penalty 
 of £ or some other security satisfactory to the said that 
 
 he will not go out of England without leave of the Court [or "that 
 any sum recovered against him in an action at the suit of the said 
 1878, B. No. shall be paid, or that he shall be rendered 
 to prison," or as the case may be. All this should follow closely the 
 terms of the order.] And I do further command you, or any of 
 you, that immediately after the execution hereof you do certify to 
 me the manner in which you shall have executed the same, and the 
 day of the execution hereof, so that I may within two days after 
 the arrest of the said indorse on the said order the true date 
 
 of such arrest, or that, if the same shall remain unexecuted, then 
 that you do so return this my warrant at the expiration of one 
 calendar month from the date of the said writ or sooner if thereto 
 required. Dated 
 
 {Seal of Office.) 
 
 Writ issued by of 
 
 Plaintiff's solicitor [or " by the said in person"]. 
 
 Before you arrest the defendant, beware he is not privileged, as 
 an ambassador, or servant to an ambassador, or otherwise privileged 
 or protected. 
 
 (Indorsement on order of execution thereof.) 
 
 was arrested by me on the within order on the 
 
 day of 18 . 
 
 [If there be more than one defendant make such an indorsement for 
 each.] 
 
 9. Sheriff's Warrant on Committed Order. 
 
 to wit. 
 
 In the High Court of 
 Justice. 
 
 1 >i\ ision. 
 A. B. 
 Judgment Creditor 
 and 
 
 C. 1). 
 Judgment I >ebtor. 
 
 S. S., sheriff of the county aforesaid, to 
 B. B. and S. B., my bailiffs, and also to 
 the Governor of Her Majesty's gaol [at 
 j and bis deputies, greeting : 
 
 By virtue of an order of the Honourable 
 Mr. Justice dated day of 
 
 18 I command you and every of you my 
 said bailiffs that yon or one of yon take 
 
 the said judgment debtor, if he shall be found within my bailiwick,
 
 174 
 
 ARREST. 
 
 for the purpose that he be, for default in payment of [as in 
 
 the order'] committed to prison for the term of [six] weeks from the 
 date of his arrest, including 1 the day of such date, or until he shall 
 pay \_as in the order] being the amount of the first instalment 
 
 due to the said A. B. upon an order made by bearing date the 
 
 day of 18 together with £ for the costs of the said 
 order and sheriff's fees for the execution thereof. \_Let all this agree 
 with the order.] 
 
 And I also command the governor of 
 receive and safely keep the body of the 
 accordingly. 
 
 Given under the seal of my office, this 
 thousand eight hundred and 
 
 and his deputies to 
 said judgment debtor 
 
 day of 
 
 one 
 
 The order 
 the order]. 
 
 is indorsed as follows 
 
 By the same Sheriff. 
 -\here copy the indorsement on 
 
 Execution of Writs. 
 
 Preliminary. With due regard to the objects of and the directions contained 
 in the various forms of arrest process, and to the above-mentioned 
 practice regulating such process, the general proceedings in 
 relation to its execution fall under the following heads ; and in 
 this connection, the law in relation to any one branch of such 
 process, e.g., that of ca. sa., may be taken to be in principle 
 more or less applicable to the other branches. 
 
 Delivery of 
 writs to 
 sheriff. 
 
 As to infor- 
 mation given 
 to sheriff. 
 
 Sheriff bound 
 to execute 
 process if 
 defendant 
 described by 
 one of two 
 known names ; 
 
 1. Initial Steps. 
 
 With due regard to the above-mentioned practice regulating 
 the different branches of arrest process, writs of attachment and 
 other process of arrest directed to the sheriff should be delivered 
 to him in the usual way, as to which, see under "Writ of Fieri 
 Facias" ante, pp. 53, 57. 
 
 A party who issues a ca. sa. is not under any legal duty to 
 give the sheriff such information as will enable him to recognize 
 and identify the party to be arrested. Dyke v. Duke, 7 L. J. 
 (N. S.) C. P. 75; 4 Bing. N. C. 197; 5 Scott, 536. But a 
 solicitor of a party issuing a writ of ca. sa. is liable to an action 
 by the sheriff for any false representation as to the person to 
 be arrested. Evans v. Collins, 5 Q. B. 805 ; 12 L. J. Q. B. 339. 
 
 The sheriff, it seems, is bound to execute a writ when the 
 defendant is described in the order to arrest by either of two 
 names by which he is known. Brunskitt v. Robertson, 9 A. & E. 
 840. lie is not, however, bound to execute the writ, or, if he
 
 EXECUTION OF WRITS. 175 
 
 has executed, to detain a defendant who is described in the but not to 
 
 order to arrest by a wrong name ; Morgan* v. Bridges, 1 B. & detain if by 
 
 Aid. 647 ; but if the defendant be described by a Avrong name wrong name. 
 
 in final process and it corresponds with the judgment, the sheriff 
 
 is bound to execute it. Reeves v. Slater, 7 B. & C. 486. And 
 
 see as to misnomer, Kelly v. Lawrence, 33 L. J. Exch. 197 ; 3 
 
 H. & C. 1 ; 10 L. T. 195 ; Rex v. Sheriff of Middlesex, 2 Chit. 
 
 357; Crawford v. Satchwell, 2 Str. 1218; 6th ed. Atk. Sheriff, 
 
 p. 620. And as to arresting by a wrong name, see Finch v. 
 
 Cocken, 3 D. P. C. 678 ; 2 C. M. & P. 196 ; 1 Gale, 130 ; 
 
 Shadgctt v. Clipson, 8 East, 328 ; Brunskill v. Robertson, 9 A. 
 
 & E. 840 ; and Fisher v. Magnay, 1 D. & L. 40 ; 12 L. J. C. P. 
 
 276 ; as also Be Mesnil v. Dakin, L. P. 3 Q. B. 18 ; 37 L. J. 
 
 Q. B. 42. See also on this subject, Moneg v. Leae/i, 1 W. Bl. 
 
 563 ; 3 Burr. 1742. 
 
 As to the sheriff's initial steps in executing a writ of execution, Sheriff's 
 see under titles " Writ of Fieri Facias," ante, p. 57, and "Appoint- iuitial steps> 
 ment of Sheriff and his Officers (Bailiffs, Franchises, &c.)," ante, 
 pp. 12, 18. Supplementing the information so given under title 
 "Writ of Fieri Facias," a mistake in the warrant will not in- Invalidation 
 validate the arrest. Williams v. Lewis, 1 Chit. 611. A sheriff's of the arrest - 
 warrant on a capias filled up by a solicitor after the signing and 
 sealing of the writ is bad. Burslem v. Fern, 2 Wils. 47. Indeed 
 in Hall v. Roche, 8 T. P. 187, a bailiff bond was ordered to be 
 delivered up where the defendant was arrested before the officer 
 had any warrant and before the writ was delivered to the sheriff ; 
 and see Bell v. Jacobs, 1 M. & P. 309 ; 4 Bing. 523. An arrest 
 under a ca. w. by a bailiff to whom the warrant is not ad- 
 dressed, in the absence of the officer to whom it is addressed, 
 even though such officer has engaged him to assist him in his 
 absence, he himself being at a considerable distance at the time 
 of the arrest, is irregular, and the defendant will be discharged 
 out of custody. Rhodes v. Hall, 26 L. J. Ex. 265. A warrant 
 to four jointly and not severally will not authorize an arrest by 
 one. Bogd v. Dnrand, 2 Taunt. 161. A sheriff's officer cannot 
 justify an arrest made without a warrant, by procuring a 
 warrant previously issued to another sheriff's officer, but not 
 executed, to be delivered to himself with his name inserted 
 after the arrest. Collins v. F< wens, 2 V. & D. 439 ; 10 A. & E. 
 570. But a party who has been arretted under colom- of a 
 ca. sa. and discharged b}' a judge's order on the ground that 
 the sheriff's officer had no warrant at the time of the takino- 
 
 o >
 
 176 
 
 ARREST. 
 
 Force to be 
 provided by 
 sheriff. 
 
 Arrest and 
 committal to 
 prison of 
 registers. 
 
 may be arrested again under the same writ. Plomcr v. Bull, 
 
 5 A. & E. 823. 
 
 A sheriff was bound, in executing a capias under the repealed 
 provision of 1 & 2 Yict. c. 110, s. 3 [and it is conceived on 
 principle he is still so bound in all cases of arrest], to provide 
 such a force as would enable him to effect a caption in spite of 
 any resistance he had reason to anticipate ; Howden v. Standi*//, 
 
 6 D. & L. 312 ; G C. B. 504 ; 18 L. J. C. P. 33 ; and even the 
 assistance of the military, if necessary to the execution of his 
 warrant, and to prevent personal danger to himself and his 
 ordinary assistants from a mob assembled in extraordinary 
 numbers and with a show of force to overawe the civil power. 
 Burdett v. Colman, 14 East, 188. On this subject, Watson on 
 Sheriff (2nd ed.) says, at pp. 236, 237, "A sheriff should take 
 force sufficient to prevent the arrested party from being rescued, 
 as a rescue would make the sheriff liable to an action for an 
 escape." And by the Sheriffs Act, 1887 (50 & 51 Yict. c. 55), 
 s. 8, sub-s. 2, " If a sheriff find any resistance in the execution 
 of a writ, he shall take with him the power of the county, and 
 shall go in proper person to do execution, and may arrest the 
 resisters and commit them to prison, and every such resister 
 shall be guilty of a misdemeanor." 
 
 Illegality of 
 service of writ 
 on Sunday. 
 
 2. Arrest. 
 
 Time of Arrest. 
 
 As to the illegality of service of any writ of execution or other 
 process upon the Lord's Day, see under title " Writ of Fieri 
 Facias," ante, p. 62. Where a party was arrested on a Sunday 
 and detained until the next morning, and then arrested on process 
 issued out of the Exchequer, it was held that the arrest was void 
 and could not be made good even by a subsequent consent. 
 Lyford v. Tyrrel, 1 Anst. 85. Nor can one who is convicted on 
 a penal statute be apprehended on a Sunday for non-payment of 
 Exception as the penalty. 11. v. Myers, 1 T. R. 265. But a party may be 
 taken on an escape warrant on Sunday. Barker v. Moore, 2 
 Salk. 626; and see under " Escape " and " Rescue, "post, p. 189. 
 Moreover, where a party has been arrested on a Sunday, a sub- 
 sequent detainer by another party without collusion is not 
 vitiated by the illegality of the original arrest. In re Ramsdcn, 
 15 L. J. M. C. 113; and see Samuel v. Bailer, 1 Ex. 439; 17 
 L. J. Ex. 51. 
 
 to arrest on 
 
 escape 
 
 wan-ant
 
 EXECUTION OF WRITS. 177 
 
 As previously intimated, a writ of execution may be executed "Writ may be 
 at any time of the day on which it is returnable (Maudy. anytime of 
 Barnard, 2 Burr. 812; per Lord Mansfield: "And in the the day re- 
 reason of the thing, it is as impossible for the sheriff to bring 
 the defendant into Court before its rising, as before the end of 
 the day of its rising, in all cases where the distance is too great 
 to bring him up within either time : as in the present case, from 
 Rochester, after seven or eight in the evening ; which was the 
 time when the process was served ") ; but if a person is but not 
 arrested after a writ is returnable, the officer cannot legally ^frd s y after * 
 detain him (even for the shortest time) till the writ is continued. 
 Loveridge v. Plastow, 2 H. Bl. 29. A gaoler is, however, bound 
 to receive a prisoner tendered to him after the return day of the 
 writ wherein he is arrested. Brandling v. Kent, 1 T. E. 60. 
 
 Mode of Arrest. 
 In order to constitute an arrest, the warrant must be produced, Warrant must 
 but the closest watching of the defendant is not sufficient. be P roduced - 
 Robins v. Render, 3 D. P. C. 543. An arrest must be made by Arrest must 
 the authority and direction of the bailiff, but it need not be his b . e b ^ autb< ?" 
 
 i i i • i i n -, . nt y °i bailiff. 
 
 hand which actually arrests; nor need it take place m his 
 presence and in his sight ; nor is there any precise distance from 
 the person arrested, within which he must be at the time. 
 Blatch v. Archer, Cowp. 65. No arrest can be effected without Actual touch- 
 actually touching the defendant. Genner v. Sparks, 1 Salk. 79, i ^ [lU8t take 
 and see Berry v. Adamson, 6 B. & C. 528 ; 2 C. & P. 503 ; P aCG ' 
 Emsen v. Lucas, 1 C. & P. 153 ; E. & M. 26 ; and Sandoicn v. 
 Jam's, 28 L. J. Q. B. 156. Placing a party under restraint of a 
 sheriff's officer who holds a capias is, however, an arrest without 
 proceeding to actual contact {Grainger v. Hill, 4 Bing. N. C. 
 212 ; 5 Scott, 561 ; 7 L. J. (N. S.) C. P. 85) ; and if the defen- 
 dant be in the sheriff's custody, as in a locked room, this is 
 considered an arrest. Williams v. Jones, Hard. 301. "If the 
 party is already in prison, the sheriff's duty is merely to lodge 
 the order with the keeper or gaoler as a detainer." 6th ed. Atk. 
 Sheriff, 227. The fact of the outer door being open is a con- When the 
 dition precedent to the officer's right to enter and arrest the jj^jj* 1 " 1 
 party in his own house. Kerbey v. Denby, 1 M. & "W. 336; may break 
 2 Gale, 31, and Semayne's ease, Sm. L. C. 9th ed. p. 118. The Ste-^es. 
 sheriff may, however, break open the door, if necessary, in the Outer door, 
 following cases, viz. : (a) a writ of attachment issued against a 
 party to an action for contempt of court. Harvey v. Harvey, 
 m. N
 
 178 
 
 ARREST. 
 
 Inner doors. 
 
 Window. 
 
 Hole in wall 
 of unfinished 
 house. 
 
 26 Ch. D. 644 ; 51 L. T. 508. (b) Ejectment. Semayne's case, 
 supra, p. 177. (c) Crown process, subject to the sheriff's prior 
 notification of the cause of his coming, and request to open the 
 door : ih. p. 117; and (d) The house of any one, not being a castle 
 or privilege but for himself, does not extend to protect any 
 person who flies to his house to escape from the ordinary process 
 of law ; for the privilege of his house extends only to him and 
 his family, or to those who are lawfully and without fraud and 
 covin there ; and, therefore, in such cases after denial on request 
 made the sheriff may break the house. Lb. p. 121 ; and see 
 Hutchinson v. Birch, 4 Taunt. 619, and Johnson v. Leigh, 1 Marsh. 
 565 ; 6 Taunt. 246. A bailiff may, moreover, justify breaking 
 open the door of the house on a fresh pursuit after a prisoner 
 has escaped after an arrest in the street. Anon., Lofft, 390. 
 And if a sheriff's officer peaceably obtain entrance through the 
 outer door, but before he can effect an actual arrest he be 
 forcibly expelled and the outer door fastened against him, and 
 he thereupon, with assistance, force open the outer door and 
 arrest the party, he is justified in so doing, and there is, more- 
 over, under the circumstances, no necessity for any demand of 
 re-entry. Aga Kurboolie Mahomed v. Reg., 3 Moo. P. C. C. 164. 
 The owner's privilege of the outer door belongs only to one door 
 and not to others, although belonging to lodgers' separate apart- 
 ments ; and, therefore, a bailiff may break open a lodger's door, 
 having first gained peaceable entrance at the outer door of the 
 house. Lee v. Gansell, Lofft, 374 ; Cowp. 1. Subject to his 
 first demanding admittance, a sheriff's officer, acting under civil 
 process, may justify breaking the inner doors of the defendant's 
 house, though the defendant be not there at the time. Ratclift'e 
 v. Burton, 3 B. & P. 223. The bailiff may also break open the 
 window of the apartment of a person residing in the house of 
 another, having first gained peaceable entrance at the outer door 
 of the house, if such person refuses to open the door of his 
 apartment after being informed by the officer that he has 
 process to serve on him. Lloyd v. Sandilands, 2 Moore, 207, and 
 in Lee v. Gansell, supra. For an instance of an entry through a 
 hole in the outer wall of an unfinished house, see WJiaUeij v. 
 Williamson, 7 C. & P. 294 ; and see as to breaking open doors, 
 Hopkins v. Nightingale, 1 Esp. 99. It is no objection that the 
 bailiff gains admittance under false pretences, and any resistance 
 after he is once in will be punishable. Mex v. Backhouse, 
 Lofft, 61.
 
 EXECUTION OF WRITS. 179 
 
 A sheriff's officer is not justified in entering and searching a Entering and 
 stranger's house to arrest a defendant under a ea. sa., although stranger's 
 such defendant may have resided there immediately hefore the bou.se. 
 entry, and although the officer have reasonable cause to suspect 
 that lie is in the house, if the fact be that he was not in the 
 house at the time of the entry and search. Morri&h v. Murray^ 
 13 L. J. Ex. 261 ; 13 M. & W. 52. After an arrest of a 
 questionable nature in a house, the prisoner surreptitiously got 
 out of the house and was arrested in the high road : — Held, the 
 second arrest was legal. Snowball v. Dixon, 10 L. J. Ex. Eq. 56 ; 
 4T.&C. 511. 
 
 By the Sheriffs Act, 1887, s. 14, " (1) Where an officer being Duties of 
 a sheriff, under-sheriff, bailiff, serjeant-at-mace, or other officer n arrest of 
 whatsoever arrests or has in custody any person by virtue of any clvli debtors ' 
 action, writ, or attachment for debt, such officer shall not : — 
 
 (a) convey such person without his free consent to any house 
 
 licensed for the sale of intoxicating liquor, or to the 
 private house of such officer or of any tenant or relation 
 of such officer ; nor 
 
 (b) charge such person with any sum for, or procure him to 
 
 call or pay for, any liquor, food, or thing whatsoever, 
 except what he freely asks for ; nor 
 
 (c) take such person to any prison within twenty- four hours 
 
 of the time of his arrest, unless such person refuses to 
 be earned to some safe and convenient dwelling-house 
 of his own nomination, not being the private dwelling- 
 house of such person, and being within the borough or 
 town where such person was arrested, or if he was not 
 arrested within a borough or town then within three 
 miles of the place and in the county or franchise in 
 which he was arrested ; 
 but shall at all times permit such person to send for and to have 
 brought to him at reasonable times in the day any food or liquor 
 from what place he thinks fit, and also to have and use such 
 bedding, linen, and other necessary things as he has occasion for 
 or is supplied with, and shall not purloin or detain the same or 
 require any payment for the use thereof or restrict the use 
 thereof." 
 
 [The imprisonment permitted by sect. 5 of the Debtors Act, Exception as 
 1869, being intended as a punishment for misconduct, it is not mffl tS' 
 
 an " attachment for debt " within the meaning of the above sub- *?*• 5 of . 
 
 . . Debtors Act, 
 
 section ; and therefore in such a case, the sheriff is not bound to 1869. 
 
 n2
 
 180 
 
 ARREST. 
 
 Court of 
 Quarter Ses- 
 sions may 
 order allow- 
 ance for 
 debtor's 
 lodg-ino 1 , &c. 
 
 Copy of order 
 to be fixed in 
 sessions 
 house. 
 
 Copy of this 
 section to be 
 delivered to 
 bailiff or 
 officer. 
 
 Copy to be 
 shown by 
 bailiff, &c. 
 to person 
 arrested. 
 
 wait twenty-four hours before taking such a debtor to prison. 
 Mitchell v. Simpson, 23 Q. B. D. 373 ; 58 L. J. Q. B. 425 ; 25 
 U. B. D. 183 ; and 59 L. J. Q. B. 355.] 
 
 " (2) Every Court of Quarter Sessions in a county shall from 
 time to time make an order allowing sums which may be taken 
 from prisoners arrested in such county on any action, writ, or 
 attachment, in respect of one or more night's lodging or for a 
 day's diet or for other expenses of such person, and may from 
 time to time vary such order as seems expedient. 
 
 " (3) A copy of every such order signed by the clerk of the 
 peace shall be fixed in some conspicuous place in the sessions 
 house or other proper place of the county as the Court may 
 order, so that the same may be there seen and examined as 
 occasion may require. 
 
 " (4) For the purpose of making known the provisions of this 
 section a printed copy thereof shall be delivered by every sheriff, 
 under-sheriff, secondary of the City of London, and other person 
 entrusted with causing the execution of any writ or attachment, 
 to the bailiff, serjeant-at-mace, officer, or other person employed 
 to execute the same. 
 
 " (5) It shall be part of the conditions of every security given 
 to any sheriff, or under-sheriff, by any bailiff, serjeant-at-mace, 
 officer, or other person employed to execute any writ or attachment 
 under him that such bailiff, serjeant-at-mace, officer, and other 
 person will show a printed copy of this section to every person 
 whom he arrests and goes with to any house where intoxicating 
 liquor is sold, and also will permit such person or his friend to 
 read over such copy before any liquor or food is called for or 
 brought to him, and any breach by such bailiff, serjeant-at-mace, 
 officer, or person of such condition shall be a misdemeanour in 
 the execution of the writ or attachment, besides being a breach 
 of the conditions of the security." 
 
 By the same Act a similar provision under 32 Geo. 2, c. 28, 
 ss. 1 and 4, is repealed. But the following decisions under such 
 latter Act may be of service in connection with the operation of 
 the above section (14) of the Sheriffs Act, 1887, viz. : — Pitt v. 
 Sheriff of Middlesex, 4 M. & P. 726 ; 1D.P. C. 201 ; Dewhirst 
 v. Pearson, 1 D. P. C. 664 ; 1 C. & M. 365 ; Simpson v. Renton, 
 5 B. & Ad. 35 ; 2 N. & M. 52 ; Summers v. Mosehj, 4 Tyr. 158 ; 
 2 C. & M. 477 ; Silk v. Humphrey, 4 A. & E. 959 ; Barsham v. 
 Bullock, 10 A. & E. 23 ; 2 P. & D. 241 ; and Gordon v. Laurie, 
 9 Q. B. 60; 16 L.J. Q. B. 98.
 
 EXECUTION OF WRITS. 181 
 
 Where a writ of ca. sa. is issued with an indorsement " to be Meaning of 
 returned non est inventus" the moaning is that the sheriff is not ^^™ u s 
 to search for the party, but if he renders himself to the sheriff, ca - ra- 
 the latter is bound to arrest and detain him. Magnay v. Monger, 
 4 Q. B. 817; 12 L. J. Q. B. 300. A warrant to arrest the 
 party " to the end that he may become bound, &c. to appear at 
 the next sessions," means the next session after the arrest, and 
 not after the date of the warrant. Accordingly, an officer 
 executing it may justify an arrest after the sessions next ensuing 
 the date of the warrant. Mayhew v. Parker, 8 T. K. 110. 
 
 Place of Arrest. 
 
 No arrest can be made in the Queen's presence, nor within Privileged 
 the verge of her royal palace, nor in any place where the 
 Queen's justices are actually sitting. The verge of the palace 
 of Westminster extends by 28 Hen. 8, c. 12, from Charing 
 Cross to Westminster Hall. 3 Bl. Com. 289. It seems, how- 
 ever, that the Board of Greencloth may grant leave. Rex v. 
 8tobbs, 3 T. R. 735. But an arrest within the verge of the 
 palace is no ground for discharging a defendant out of custody 
 (Sparks v. Spinks, 7 Taunt. 311) ; and a man arrested within the 
 verge of the Court is not entitled to be discharged, an arrest in 
 a franchise being only a breach of the privilege of the lord of 
 the manor. Kirkpatrick v. Kelly, 3 Doug. 30. An arrest within 
 the Tower would be bad, but the governor is not privileged as 
 such. See Batsonv. McLean, 2 Chit. 48, 51 ; and see also as to 
 an arrest in the Tower Hamlets, Bell v. Jacobs, 1 M. & P. 309 ; 
 4 Bing. 523. Kensington Palace is privileged as a royal palace 
 against the sheriff's intrusion for the purpose of executing 
 process. Whiter v. Miles, 10 East, 578; and Att.-Oen. v. 
 Donaldson, 10 M. & W. 117. Hampton Court Palace is not, 
 however, so privileged. Att.-Gen. v. Dakin, L. P. 4 II. L. 338; 
 39 L. J. Ex. 113. It is no objection to an arrest that it takes 
 place in a gaol, if the party is there for his own purposes. 
 Loveitt v. Hill, 4 D. P. C. 579. 
 
 2 & 3 Will. 4, c. 39, " An Act for Uniformity of Process in 2 & 3 Will. 4, 
 Personal Actions," which provided for service of writs in parts | n . 42 A^s 
 of counties, is repealed by 42 & 43 Vict. c. 59. viot. 0. 59.
 
 182 ARREST. 
 
 Exemptions from Arrest. 
 Persons The following persons are permanently privileged from arrest, 
 
 privileged. VIZ. : — 
 
 (1.) Members of the royal family and the Sovereign's house- 
 hold, including chaplains and servants. See as to 
 members of the household, Reynolds v. Pocock, 7 
 D. P. C. 4 ; 4 M. & W. 371 ; Atdridge v. Barn/, 3 
 D. P. C. 450 n. ; Dyer v. Disney, 16 L. J. Ex. 183 ; 
 16 M. & W. 312 ; Sard v. Forrest, 2 D. & E. 250 ; 1 
 B. & C. 189; Hatton v. Hopkins, 6 M. & S. 271; 
 Tapley v. Battine, 1 D. & E. 79; and Batson v. Maclean, 
 2 Chit. 48. In the last-mentioned case, the Court 
 refused to discharge the major of the Tower on the 
 ground that he was arrested when attending on the 
 Prince Eegent, it not appearing that he had been 
 attending by command of his Eoyal Highness, although 
 the major swore that he could not leave the Tower but 
 on business connected with his official situation. The 
 Court also held, in that case, that the deputy-governor 
 of the Tower is not privileged. As to chaplains, see 
 Winter v. Dibdin, 13 L. J. Ex. 263 ; Byron v. Dibdin, 
 1 C. M. & E. 821 ; 3 D. P. C. 448 ; and Harvey v. 
 Dakins, 3 Ex. 267 ; 18 L. J. Ex. 156 ; and as to 
 servants, see Bartlett v. Hebbes, 5 T. E. 686 ; and King 
 v. Forster, 2 Taunt. 167. 
 
 (2.) The Lord Chancellor and the Lord Keeper. 
 
 (3.) Peers, temporal and spiritual, English, Scotch (see as to 
 Scotch peers, Digby v. Stirling (Lord), 8 Bing. 55), 
 and Irish (Coates v. Hawarden (Lord), 7 B. & C. 388. 
 An attachment may, however, issue against a peer for re- 
 fusing to obey the process of the Court : Meg. v. St. Asaph 
 (Bishop), 1 Wils. 332), peeresses and peers' widows. 
 
 (4.) Bishops, English, Scotch, and Irish, and, it seems, 
 members of Convocation. 
 
 (5.) Members of Parliament for forty days before and forty 
 days after the meeting of Parliament, the rule being 
 the same in the case of a dissolution as in that of a 
 prorogation of Parliament. Goady v. Duncombe, 1 Ex. 
 430 ; 17 L. J. Ex. 76 ; and see as to members of 
 Parliament, In re Anglo-French Co-operative Society, 
 14 Ch. D. 533 ; 49 L. J. Ch. 388 ; and Cassidy v.
 
 EXECUTION OF WRITS. 183 
 
 Stewart, 2 Sc. N. E. 432 ; 3 M. & G. 575 ; 10 L. J. 
 C. P. 57. But there is no ground for the claim of the 
 privilege of Parliament as an immunity from arrest 
 in respect of an offence of a criminal nature. In re Gent, 
 Gent-Da tis v. Harris, 40 Ch. D. 190 ; 58 L. J. Ch. 1G2 ; 
 and Ex parte Lindsay, In re Armstrong, [1892] 1 
 Q. B. 327 ; 65 L. T. 464 ; 40 TV. P. 159 ; Williams, 
 J. ; and on this point, Short and Mellor in their Pract. 
 of the C. 0., at p. 394, say, "When orders for payment 
 of money were enforced by attachment, peers and 
 members of the House of Commons were privileged 
 from arrest thereunder, but this exemption did not 
 extend to other contempts, as for instance disobedience 
 to a subpoena or the return of a writ of habeas corpus, 
 and such persons are still equally liable to arrest on 
 these grounds." 
 
 (6.) Public ministers of foreign states at this Court (but not 
 consuls), ambassadors, and their domestic servants. 
 But the privilege of freedom from arrest of an 
 ambassador's servant is the ambassador's privilege, 
 and not that of the servant ; and where a person, 
 alleged to be an ambassador's domestic servant, was 
 arrested, and neither the ambassador, nor anyone on 
 his behalf, interfered, the Court would not discharge 
 the defendant unless he showed a clear case of bond 
 fide service as a domestic servant of the ambassador. 
 Fisher v. Begrez, 2 C. & M. 240. 
 
 (7.) Judges, and their necessary servants, Masters in Chancery, 
 cursitors, ministers, and known clerks of the Court of 
 Chancery. 
 
 (8.) Servants of the Chancellor or Keeper, or of their ministers 
 or officers, of both Houses of Parliament, who are 
 summoned and continually attend there, the serjeant- 
 at-arms, door-keepers, clerks, &c. and the auditors and 
 their officers, corporators or hundredors sued as such. 
 
 (9.) Soldiers of her Majesty's regular forces (except " on 
 account of any debt, damages or sum of money, when 
 the amount exceeds thirty pounds over and above all 
 costs of suit " (44 & 45 Viet. c. 58, s. 144), and seamen 
 or marines of the Eoyal Navy (except in case of debt 
 contracted before their entering the service ; 29 oc 30 
 Vict. c. 109, s. 97).
 
 184 ARREST. 
 
 (10.) Executors or administrators for the debt of their 
 testator or intestate, unless a devastavit writ has been 
 returned or they have made themselves liable for such 
 debts under 29 Car. 2, c. 3, and an heir for a debt to 
 be levied on the land descended. 
 (11.) Bankrupts. See under title " Bankruptcy ; Arrange- 
 ments with Creditors and Voluntary Disposition of 
 Property," post, p. 354. And see as to exemption from 
 arrest in bankruptcy, Cob It am v. Balton, L. P. 10 Ch. 
 655 ; 44 L. J. Ch. 702 ; Earl of Lewes v. Barmtt, 6 
 Ch. D. 252; 47 L. J. Ch. 144; In re Ryley, Ex parte 
 The Official Receiver, 15 Q. B. D. 329 ; 54 L. J. Q. B. 
 420 ; and In re Manning, 30 Ch. D. 480 ; 55 L. J. Ch. 
 613. 
 Persons The following persons are temporarily privileged from arrest, 
 
 temporarily- 
 privileged. ^ 1Z * • 
 
 (1.) All persons who have any relation to a cause which calls 
 for their attendance in Court ( Walpole v. Alexander, 3 
 Doug. 45 ; and see Newton v. Harland, 8 Sc. 70), civil 
 or criminal, including, 
 
 (a) Arbitrations ; as to which see Spence v. Stuart, 
 
 3 East, 89 ; Webb v. Taylor, 13 L. J. Q. B. 24 ; 
 1 D. & L. 676 ; and Rishton v. Nisbett, 1 M. & 
 Eob. 347. 
 
 (b) Execution of writs by the sheriff. 
 
 (c) Committees of either House of Parliament. 
 
 (d) Courts martial. 
 
 (e) Bankruptcy Court. 
 
 (f) All inferior Courts of law, such as the sessions, 
 
 County Courts, &c, and whether persons are 
 compelled to so attend by process or not ( Walpole 
 v. Alexander, aide), and whether they be parties, 
 solicitors, witnesses, or bail. In other words, 
 any person whose presence is necessary to the 
 administration of the public justice, and on 
 whose will it depends whether he shall or shall 
 not attend, is privileged from arrest in civil 
 process eundo, morando ct redeundo [Gilpin v. 
 Benjamin and ('often, L. P. 4 Ex. 131 ; 38 L. J. 
 Ex. 50), including amongst such persons: — 
 (a) barristers and solicitors whilst going to, 
 attending, and returning from Court, or the
 
 EXECUTION OF WRITS. 185 
 
 judge's chambers, and barristers when on cir- 
 cuit (which is continuous from its commencement 
 to its termination: The Case of the Sheriff of 
 Oxfordshire, 2 C. & K. 200) also parliamentary 
 agents, whilst acting for their clients in Court, 
 but not clerks {Phillips v. Pound, 7 Ex. 881 ; 21 
 L. J. Ex. 277) ; but a barrister is not privi- 
 leged from arrest at common law eundo et 
 redeundo to and from a court of petty sessions. 
 Sembh; that the privilege does not extend beyond 
 the case of banisters attending in the Superior 
 Courts and Courts of Nisi Prius (Nation v. 
 Constable, 2 Q. B. 157) ; see as to a solicitor's 
 privilege from arrest, Att.-Gen. v. The Leather- 
 sellers' Co., 7 Beav. 157 ; Williams v. Webb, 12 
 L. J. C. P. 89; 2 Dowl. N. S. 660; and Ex 
 parte Watkins, 1 Jur. 236 ; as also In re Hope, 
 9 Jur. 856; Att.-Gen. v. Skinners' Co., 1 Cooper, 
 1 ; Jones v. Marshal/, 26 L. J. C. P. 229 ; 3 
 Jur. N. S. 916 ; In re Freston, 11 Q. B. D. 545 ; 
 52 L. J. Q. B. 545; and Thomson v. Moore, 1 
 Dowl. N. S. 283. (/S) Bankrupts, as to whose 
 privilege see under title " Bankruptcy, &c," 
 post, p. 354, as also Ex parte Jackson, 15 Ves. 
 116; Ex parte Britten, 1 M. D. & D. 278; 
 Chauvin v. Alexander, 31 L. J. Q. B. 79; 10 
 W. E. 248 ; Lloyd v. Harrison, 34 L. J. Q. B. 
 97 ; and In re Poland, L. R, 1 Ch. 356 ; 35 
 L. J. Bank. 19. (y) A person accused of a 
 criminal charge, when out on bail on remand, 
 as well as the prosecutor and witnesses. Gilpin 
 v. Benjamin and Cohen, ante. (2) Bail, when 
 attending to justify. Rimmer v. Gr, en, 1 M. & 
 S. 638. (s) Magistrates attending petty sessions 
 or police courts in the discharge of their duty. 
 Glendenning v. Browne, 3 Ir. C. L. R. 115; 
 Dubois v. Wuse, 5 Ir. C. L. R. 303. And see 
 as to temporary privilege from arrest of persons 
 connected with and attending judicial proceed- 
 ings, Persse v. Persse, 5 II. L. Cas. 671; and 
 Hobern y. Fowler, Ex part, ffobern. 62 L. J 
 Q. B. 49.
 
 186 
 
 AREEST. 
 
 (2.) Clergymen or other ministers engaged, or knowingly 
 about to engage, in any of the rites or duties of 
 celebrating divine service or otherwise officiating in 
 any church, chapel, meeting-house, or other place of 
 divine worship, or in the lawful burial of the dead in 
 any churchyard or other burial place, or who shall be 
 knowingly going to perform the same or returning 
 from the performance thereof. 24 & 25 Vict. c. 100, 
 s. 36 ; and see Goddard v. Harris, 7 Bing. 320. 
 
 (3.) Coroners or deputy coroners whilst engaged in executing 
 their office. 
 
 Aliens. 
 
 Infants. 
 
 Married 
 women. 
 
 Insane per- 
 sons. 
 
 Person tried, 
 acquitted and 
 discharged 
 from criminal 
 charge . 
 
 Voluntary- 
 prosecutor. 
 
 Parliamen- 
 tary candi- 
 dates and 
 voters. 
 Person ar- 
 rested before 
 on same cause. 
 
 Non-exemptions from Arrest. 
 
 Aliens are not exempt from arrest, as to which see Dc la Vega 
 v. Vianna, 1 B. & Ad. 284, and Imlay v. Ellefsen, 2 East, 453. 
 " An infant should not have been held to bail for any debt or 
 other matter where the plea of infancy would have been a legal 
 bar to the action. If held to bail, however, a Court or a judge, 
 it seems, would not discharge him." 14th ed. Chit. Arch. 
 p. 1460. 
 
 Married women, it appears, are subject to arrest ; as also are 
 insane persons. Kernot v. Norman, 2 T. E. 390 ; Nutt v. Verney, 
 4 T. E. 121 ; and Steel v. Alan, 2 B. & P. 362. 
 
 A party who has been detained upon a criminal charge, and 
 tried, acquitted, and discharged, is not privileged from arrest 
 during his return home from the gaol in which he has been 
 confined. Goodwin v. Lordon, 1 A. & E. 378 ; 3 N. & M. 879 ; 
 and see Hare v. Hyde, 16 Q. B. 394 ; 20 L. J. Q. B. 185. 
 Moreover, a defendant when discharged from legal custody, 
 has no privilege from arrest when returning home. Anon., 
 1 D. P. C. 157. The privilege from arrest under civil process 
 is entire, eundo, morando et redeundo ; accordingly if a party 
 cannot claim his privilege, eundo et morando, he will not be 
 entitled to it redeundo. Ex parte Cobbett, 7 El. & Bl. 955 ; 26 
 L. J. Q. B. 293 ; and see Montagu v. Harrison, 3 C. B. N. S. 
 292 ; 27 L. J. C. P. 24. A voluntary prosecutor — as a common 
 informer — is not entitled to any privilege from arrest. Ex parte 
 Cobbett, supra. Candidates at a parliamentary election, or voters 
 for such candidates, are not privileged from arrest. According 
 to Chit. Arch., it is apprehended that a judge in his discretion 
 will in general allow a defendant to be arrested, although he
 
 EXECUTION OF WRITS. 187 
 
 has been before arrested for the same cause of action, unless the 
 proceeding is vexatious and oppressive ; and see Ileyicood v. 
 Collinge, 9 A. & E. 268. As to the non-exemption from arrest Bankrupts, 
 of bankrupts, see the Bankruptcy Act, 1883, s. 30, sub-s. 1 and 4, 
 under title " Bankruptcy," &c.,post, p. 355. 
 
 The Sheriff's Relative Position in Case of Privilege. 
 
 It seems that in some cases of permanent privilege the sheriff Liable for 
 would incur a fine, imprisonment, and even corporal punishment pri^ie^ed 
 by arresting the privileged party, e.g., a peer, peeress, or a persons in 
 
 certain, esses 
 
 member of the House of Commons, an ambassador or his 
 domestic (subject to the proper registration of the name of the 
 latter at the Foreign Office and its transmission to the sheriffs 
 of London and Middlesex), and a clergyman whilst privileged 
 to the knowledge of the sheriff. On this subject, Chit. Arch. 
 (14th ed.) says, at p. 1484, " Except where a party is privileged Not liable in 
 from arrest by the Queen's writ of protection, the sheriff is not pr i v iie^ef S 
 bound to notice a party's temporary privilege from arrest. No 
 action lies against a sheriff for arresting a party whilst tempo- 
 rarily privileged from arrest. Nor does an action lie against a 
 sheriff for arresting a person after notice that he was privileged 
 redeundo from attending as a witness before a court of competent 
 jurisdiction. ... A sheriff is not bound to arrest a party 
 privileged from arrest (as a witness returning from the Court). 
 Unless the party privileged claims his privilege, he is in legal 
 custody, and the sheriff is bound to detain him. If a party is 
 improperly arrested whilst privileged from arrest, he may obtain 
 his discharge upon application to the Court or a judge at 
 Chambers." It seems that the sheriff is excused, and is not 
 liable in damages if, in acting under a mandate of the Court, 
 he has arrested a privileged person (Tar/ton v. Fisher, 2 Doug. 
 G76) ; and he is not liable in trespass if the writ is set aside, 
 although the party who has sued out the writ may be. Unless Liability for 
 the party be privileged, the sheriff is liable for the costs of an illegal arrest, 
 illegal arrest. 
 
 Liability of Third Parties for Obstructing Arrest. 
 
 On this subject, see under "Introductory," ante, p. 155, and 
 under " Initial Steps," ante, p. 176.
 
 188 
 
 ARREST. 
 
 An escape, if 
 arrest and 
 custody 
 lawful. 
 
 If sheriff 
 receives sums 
 due before 
 return ; 
 
 or bail. 
 
 No escape, 
 if custody 
 not lawful. 
 
 3. Escape and Rescue. 
 
 Escape in general is where any person who is under lawful 
 arrest and restrained of his liberty, either violently or privily 
 evades such arrest and restraint, or is suffered to go at large 
 before being delivered by due course of law. It seems agreed 
 as a general rule that wherever a sheriff or other officer has a 
 person in custody by authority from a Court which has juris- 
 diction over the matter, the suffering such person to go at large 
 is an escape, for he cannot judge of the validity of the process, 
 or other proceedings of such Court, and therefore cannot take 
 advantage of any errors in them. Hence the law allows him, 
 in an action of false imprisonment, to plead such authority 
 which will excuse him, even though it be erroneous. 7th ed., 
 Bac. Abr. Yol. III. p. 122. If the sheriff permits a prisoner in 
 execution to go at large, though he afterwards return, yet it is 
 an escape. Boi/ton's Case, 3 Rep. 44. And it is also an escape 
 if the bailiff remove a prisoner taken in execution to the county 
 gaol, situate out of his bailiwick, and there deliver him to the 
 sheriff (Boothman v. Surrey (Earl of), 2 T. R. 5), or if the 
 sheriff's officer, having taken a prisoner in execution, permit 
 him to go about with a follower of his before he takes him to 
 prison. Benton v. Sutton, 1 B. & P. 24. Where the sheriff 
 suffers the defendant to escape either with the consent or by 
 the fraud of the plaintiff, it is no escape as against him ; but 
 the consent must be given previous to the discharge in order to 
 excuse the sheriff, and an assent subsequent will not make it an 
 escape with the consent of the plaintiff and therefore the sheriff 
 will not be excused ; but the plaintiff either has his remedy 
 against the sheriff or may retake the party. 7th ed., Bac. Abr. 
 Yol. III. p. 139 ; Hiscocls v. Jones, M. & M. 269 ; Scott v. 
 Peacock, 1 Salk. 271. If upon execution of a writ of ea. sa., the 
 sheriff before the return day receive the money due from a 
 prisoner and thereupon liberate him, before he has paid it over 
 in satisfaction to the party entitled to it, he is answerable for an 
 escape. Blackford v. Austen, 14 East, 468. Moreover, the fact 
 of the sheriff unauthorizedly taking bail or receiving payment 
 constitutes an escape. His responsibility ceases as soon as he 
 has conveyed the arrested person to prison. 
 
 If a party not in lawful custody escapes, it is no escape in 
 law and consequently the officer is not punishable for suffering
 
 EXECUTION OF WRITS. 189 
 
 a person so taken to escape, and in an action against him for the 
 escape the law allows him to plead that his authority was void, 
 which will excuse him. 7th ed., Bac. Abr. Vol. III., p. 123. 
 
 The sheriff is not, however, liable for an escape from the Sheriff not 
 special bailiff of the party at whose instance the arrest is made. t ^. a po from 
 Doe v. True, 7 Sc. 704 ; 7 D. P. C. G36 ; Pascoe v. Vyvian, 1 plaintiff's 
 
 * special bailiff. 
 
 Dowl. N. S. 939. 
 
 It was held in Pitcher v. Bailey, ^ East, 171, upon the autho- When escape 
 rity of the therein cited case of Eyle* v. Faikney, that where an fg cer C a nn ot 
 officer is guilty of a breach of duty in permitting a prisoner to recover money 
 go at large on his promise to pay the debt, for which he was debtor, 
 arrested, to the creditor, resulting in his being obliged to pay 
 the creditor himself, he could not recover back the money from 
 the debtor. 
 
 After a voluntary escape the sheriff cannot retake a prisoner Retaking on 
 (Atkinson v. Jameson, 5 T. E. 25) and would be liable to an e:5ca P e - 
 action for false imprisonment if he did, in the case of an escape 
 with his or his officer's consent, and if the sheriff by mistake 
 releases a defendant against whom a ca. sa. has been lodged it 
 is a voluntary escape. Mlewood v. Clement, 6 D. P. C. 508. 
 Moreover, according to the last-cited case, if the sheriff does 
 retake the defendant, the caption being a nullity, lapse of time 
 will not be an objection to the defendant's discharge. But it 
 seems that under certain circumstances the arrested party may 
 be retaken on escape as, e. g., in case of a negligent escape in 
 ca. sa. without the sheriff or his officer's collusion, they may 
 retake the party in any place and even on Sunday. The sheriff 
 is, moreover, excused if he retake the party after a negligent 
 escape or if the latter return into custody before any proceedings 
 are commenced against the sheriff or if the party be, before any 
 such proceedings, prevented doing so by the action of the plain- 
 tiff with the object of fixing the sheriff with consequent liability, 
 subject, however, to the sheriff being either unaware of the 
 escape or knowing of it, having done his utmost to retake the 
 party. 
 
 As to rescue, the sheriff is bound to provide such a force as Rescue, 
 will enable him to effect his caption in spite of any resistance he 
 has reason to anticipate ; and if, after a caption, the party taken 
 be rescued by force, the sheriff may return the rescue. Hoialm 
 v. Standi*/,, 6 0. B. 504 ; 18 L. J. C. P. 33 ; and see judgment 
 of Coltman, J., in that case.
 
 190 ARREST. 
 
 4. Bail. 
 
 May be taken When a defendant is taken under attachment, which is in the 
 
 ment 1 " attaC " na ture of mesne process, the sheriff may, it appears, take bail 
 
 hut he is not bound to do so ; if he does, he may recover upon 
 
 the bail bond, and if he has the party in custody at the return 
 
 of the writ, no action will lie against him. Lewis v. Morland, 
 
 Cannot be 2 B. & Aid. 56 ;' but see Anon., 1 Stra. 479. It seems, however, 
 
 ea sa according to Lewis v. Morland, supra, at p. 65, that bail cannot 
 
 be taken under a writ of ea. sa. 
 May be taken It will be observed that in the case of attachment on articles 
 Zent'fo^tbe" of the P eace ( Writ of Attachment for the Peace) the sheriff may 
 peace. discharge the party on bail in accordance with the directions of 
 
 the writ. 
 
 Form of Bail Bond under Attachment for the Peace. 
 
 Know all men by these presents that we [name and description of 
 the parti/ arrested] and and are held and firmly bound 
 
 to Esquire, sheriff of the county of in the penal sum of 
 
 £ of good and lawful money of Great Britain to be paid to the 
 
 said sheriff, for which payment to be well and faithfully made we 
 bind ourselves and every one of us by himself for the whole and 
 every part thereof, the heirs executors and administrators of us and 
 every of us firmly by these presents sealed with our seals, dated 
 this day of 18 Whereas the above bounden [party 
 
 arrested] was on the day of 18 taken by the said 
 
 sheriff in the bailiwick of the said sheriff by virtue of the Queen's 
 Writ of Attachment for the Peace issued out of Her Majesty's 
 Court of at bearing date the day of 1 8 to 
 
 the said sheriff directed and delivered. And whereas the said 
 sheriff is by the said writ directed on his attaching the said [party 
 arrested'] by virtue thereof to discharge the said [party arrested] on 
 bail until the day of 18 the day named in such writ 
 
 for the said [party arrestedjs attendance before the said Court, by 
 sufficient manucaptors under a certain penalty to be imposed upon 
 them by the said sheriff as well for the keeping his the said [party 
 arrested]'B day as for the keeping the peace by him in the meantime 
 of Our Lady the Queen and all her liege people and especially 
 towards of named in such writ. Now the condition of 
 
 this bond is such that if the above bounden [party arrested] so 
 keeps his day and so keeps the peace during such interval as afore- 
 said as required by the said writ, then this present obligation to be 
 void or else to stand in full force and virtue. 
 
 Signed sealed and delivered &c. (l.s.) 
 
 (L.S.) 
 
 (L.S.)
 
 EXECUTION OF WRITS. 191 
 
 5. Security. 
 
 As to arrest of defendant under section 6 of the Debtors Act, To be given 
 1S69, " the security to be given by the defendant may be a J e en ant * 
 deposit in Court of the amount mentioned in the order, or a 
 bond to the plaintiff by the defendant and two sufficient sureties 
 (or with the leave of the Court or a judge either one surety or 
 more than two), or, with the plaintiff's consent, any other form 
 of security. The plaintiff may, within four days after receiving 
 particulars of the names and addresses of the proposed sureties, 
 give notice that he objects thereto, stating in the notice the 
 particulars of his objections. In such case the sufficiency of the 
 security shall be determined by a master, who shall have power 
 to award costs to either party. It shall be the duty of the 
 plaintiff to obtain an appointment for that purpose, and unless 
 he do so within four days after giving notice of objection, the 
 security shall be deemed sufficient." R. of S. C, 1883, Ord. 
 LXIX., r. 3. 
 
 " The money deposited, and the security, and all proceedings Control of 
 thereon, shall be subject to the order and control of the Court or gecuxity^I-c 
 a judge." lb. r. 4. 
 
 " Upon payment into Court of the amount mentioned in the Discharge of 
 order, a receipt shall be given ; and upon receiving the bond or p^ent or" 1 
 other security, a certificate to that effect shall be given, signed security. 
 or attested by the plaintiff's solicitor if he have one, or by the 
 plaintiff, if he sue in person. The delivery of such receipt, or 
 a certificate to the sheriff or other officer executing the order, 
 shall entitle the defendant to be discharged out of custody." 
 lb. r. 6. 
 
 In the case of the writ of ne exeat regno, it will be remembered In case of 
 that it is granted to prevent a person from leaving the realm, to "* ***** regno. 
 the damage of the person to whom he is indebted, until he has 
 given security for the amount of the debt ; as to which see, 
 moreover, directions in the writ, ante, p. 165. 
 
 As to security in the case of Articles of the Peace, see C. 0. R. In case of 
 1886, rr. 280—292 (Articles of the Peace), ante, p. 45. a?iw 
 
 6. Discharge. 
 
 In case of arrest on mesne process a plaintiff was bound to In arrest on 
 
 accept from a defendant in custody under a ca. sa. the debt S^tiff 100 * 88 
 
 and costs, when tendered, in satisfaction of his debt, and to sign bound to 
 
 accept debt
 
 192 
 
 ARREST. 
 
 and costs from an authority to the sheriff to discharge the defendant out of 
 defendant. cugtody Crozer y p iain g t 6 jj. & R. 129 ; 4 B. & C. 26 ; 
 
 and see Hemming v. Hale, 29 L. J. 0. P. 137, where a payment 
 
 Discharge of to a solicitor's clerk was held good. Again, by 15 & 16 Yict. 
 
 authority of c - 76 (Common Law Procedure Act, 1852), sect. 126, a written 
 
 attorney in order under the hand of the attorney in the cause, by whom any 
 the cause. J ■ . 
 
 writ of capias ad satisfaciendum should have been issued, justified 
 
 the sheriff, gaoler, or person in whose custody the party might 
 
 be under such writ, in discharging such party, unless the party 
 
 for whom such attorney professed to act should have given 
 
 written notice to the contrary to the sheriff, gaoler, or person in 
 
 whose custody the opposite party might be, but such discharge 
 
 was not to be a satisfaction of the debt, unless made by the 
 
 authority of the creditor ; and nothing contained in such act 
 
 should justify any attorney in giving such order for discharge 
 
 without the consent of his client. Nor had the plaintiff's 
 
 solicitor any authority over the execution of the writ of ca. sa. 
 
 so as to carry it into effect against the order of the plaintiff. 
 
 Barker v. St. Quintin, 1 D. & L. 542 ; 13 L. J. Ex. 144 ; and 
 
 see Martin v. Francis, 2 B. & A. 402 ; 1 Chit. 241. 
 
 Discharge on The sheriff was, moreover, bound to discharge the defendant 
 
 plaintiff f pro- on the plaintiff authorizing it, and providing there were no 
 
 vided there detainers against defendant (2nd ed. Watson Sheriff 197), to 
 
 are no de- . , . ... 
 
 tainers. ascertain which the sheriff might detain the party a reasonable 
 
 time, at least twenty-four hours, and the officer was not bound 
 to make the search until the written discharge arrived. 
 Taylor v. Brander, 1 Esp. 45 ; and see Samuel v. Bailer, 1 Ex. 
 439 ; 17 L. J. Ex. 54, where it was, moreover, held that service 
 on a Sunday of a warrant of detainer under a ca. sa. made no 
 difference in the case. And where the debt had been paid, no 
 matter by whom, the defendant was entitled to be discharged. 
 Rimmer v. Turner, 3 D. P. C. 601. In an action against a 
 sheriff for wrongfully discharging the judgment debtor, the gist 
 not being mere negligence as in an action for an escape, it is 
 doubtful whether it is a defence that the plaintiff's negligence 
 contributed to the injury by his sending an order which the 
 sheriff might have understood as authorizing the discharge and, 
 scmble, that the defence must be that the plaintiff authorized the 
 discharge and that it must be specially pleaded. Hodges v. 
 Patterson, 26 L. J. Ex. 223. To continue, if the sheriff, after a 
 direction from a plaintiff not to execute a writ of ca. sa. did so, 
 he (the sheriff) became a trespasser, as also if he detained a
 
 EXECUTION OF WRITS. 1 3 
 
 defendant after notice from the plaintiff that he had released 
 him from the debt. Barker v. St. Quintal, 1 I). & L. 542 ; 13 
 L. J. Ex. 144. But where a ca. sa. was countermanded before 
 any arrest thereunder, the defendant's arrest under other parties' 
 writs did not make him in custody under the first writ. National 
 Assurance Co. v. Best, 2 H. & N. 605 ; 27 L. J. Ex. 19 ; and 
 see as to countermanding arrest, Semple v. Keen, 3 H. & N. 753 ; 
 28 L. J. Ex. 151 ; and Futcher v. Hinder, 28 L. J. Ex. 28; 3 
 H. & N. 757. 
 
 Failing above authority, the defendant could only be dis- Discharge 
 charged under an order of the Court ; In re Thompson, Natty v. f Court. 
 Aylett, 43 L. J. Ch. 721 ; 30 L. T. 783 ; see also Re Deere, 10 
 L. P. Ch. 658 ; in connection with which subject see the follow- 
 ing cases, viz. : — re misdescription of defendant and other Hisdeserip- 
 irregularities in writ, Macdonald v. Mortlock, 14 L. J. (2. B. an(i other 
 244 ; 2 D. & L. 9G3 ; Reg. v. Burgess, 2 Jur. 396 ; II. v. Calvert, irregularities. 
 2 C. & M. 189; 4 Tyr. 77; Rennie v. Bruce, 14 L.J. Q. B. 
 207; 2 D. & L. 946; Moore v. Magan, 16 L. J. Ex. 57; 
 Bettyes v. Thompson, 7 D. P. C. 322 ; 2 Jur. 920 ; and Strong 
 v. Dickinson, 5 D. P. C. 99 ; re privilege, Flight v. Cook, 13 Privilege. 
 L. J. Q. B. 78 ; 1 D. & L. 174 ; re plaintiff's death, Parkinson v. Plaintiff's 
 Horlock, 2 N. R. 240 ; Ellis v. Griffith, 16 L. J. Ex. 66 ; 16 M. death- 
 & W. 106; 4 D. & L. 279; Todd v. Wright, 16 L. J. Q. B. 
 311 ; Gore v. Wright, 1 Dowl. N. S. 864 ; Broughton v. Martin, 
 1 B. & P. 176 ; Dunsford v. Gouldsmith, 8 Moore, 145 ; Taylor 
 v. Burgess, 4 D. & L. 708 ; 16 L. J. Ex. 204 ; Camp v. Pole, 7 
 D. & L. 289 ; 8 C. B. 375 ; Cox v. Pritchard, 2 L. M. & P. 298 ; 
 re Crown process, Reg. v. Renton, 2 Ex. 216; 17 L. J. Ex. 
 264 ; and re irregular arrest, Birch v. Prodger, 1 N. R. 135 ; Irregular 
 and Rhodes v. Hull, 26 L. J. Ex. 265. If the sheriff detain a 
 person after he has had notice of an order of the Court to dis- 
 charge such person from arrest, it seems he is liable to an action. 
 Mag nay v. Burt, 5 Q. B. 381 ; and Marfiti v. Francis, 1 Chit. 
 241 ; although see Watson v. Carroll, 7 D. P. C. 217. 
 
 If while a ca. sa. was lying in the hands of a sheriff the 
 party was illegally taken into custody at the suit of another 
 person, the ca. sa. attached and the sheriff could not discharge 
 the defendant. Arundel v. Chittu, 1 D. P. C. 499. In cases of Sheriff not 
 arrest on mesne process, the sheriff was not liable for the con- bailift's°ne°-li- 
 sequences of his bailiff 's negligence in not paying over to the £ en ? c "* not 
 plaintiff the amount received by him from the debtor. In other
 
 104 
 
 ARREST. 
 
 Effect of 
 discharge. 
 
 Application 
 of principles 
 to committal 
 under Debtors 
 Act. 
 
 Discharge 
 under orders 
 of arrest 
 under Debtors 
 
 Act. 
 
 words, it was no part of the sheriff's duty in the execution of 
 a ca. sa. to receive the amount in question in order to its pay- 
 ment over to the execution creditor, although the judgment was 
 not satisfied till such payment. Wood v. Finnis, 7 Ex. 363 ; and 
 see Woodman v. Grist, 8 C. & P. 213. Again, a discharge from 
 custody by plaintiff's solicitor was no discharge of the debt. 
 National Assurance Co. v. Best, 27 L. J. Ex. 19 ; 2 H. & N. 
 605. Accordingly if upon the execution of a writ of ca. sa. the 
 sheriff before the return day received the amount due from the 
 prisoner and thereupon liberated him before he had paid it over 
 in satisfaction to the party entitled thereto, the sheriff was 
 answerable as for an escape. Stachford v. Austen, 14 East, 468 ; 
 and see Hemming v. Hale, 29 L. J. C. P. 137 ; and Semple v. 
 Keen, 2 H. & N. 753 ; 28 L. J. Ex. 151. It seems the sheriff 
 is not the proper party to sue, and cannot be called upon to pay 
 into Court money paid to him under an attachment. Rex v. 
 Palmer, 2 East, 411 ; Bex v. Sheriff of Devon, 3 D. P. 0. 10. 
 But he is not entitled to his poundage on the sum levied. Rex 
 v. Sheriff of Devon, ante. 
 
 It is conceived that the above principles are still more or less 
 in force in relation to the cases where a writ of ca. sa. is still 
 applicable and to orders of committal under sect. 5 of the 
 Debtors Act, 1869 ; it being, it will be observed, provided by 
 sub-sect. 2 of that section that every order of committal by any 
 superior Court shall, subject to the prescribed rules, be (inter 
 alia) obeyed and executed in the like manner as a writ of ccqrias 
 ad satisfaciendum. Moreover, in regard to committal under the 
 Debtors Act, 1 869, any person imprisoned thereunder shall be 
 discharged out of custody upon a certificate signed in the pre- 
 scribed manner to the effect that he has satisfied the debt or 
 instalment of a debt in respect of which he was imprisoned 
 together with the prescribed costs (if any) ; whilst, by the 
 general rules under the same Act, r. 5, upon payment of the 
 sum or sums mentioned in the order (including the sheriff's fees 
 in like manner as upon a ca. sa.) the debtor shall be entifled to 
 a certificate in the Form B. in the schedule, or to the like effect, 
 signed by the attorney in the cause of the creditor, or signed by 
 the creditor and attested by an attorney on his behalf, or a 
 justice of the peace. 
 
 As to discharge under orders of arrest under sect. 6 of the 
 Debtors Act, 1869, see under sub-title "Security," ante, p. 191, 
 as also Hume v. Driu/ff, L. E. 8 Ex. 214 ; 42 L. J. Ex. 145.
 
 EXECUTION OF WRITS. 
 
 195 
 
 As to discharge in the case of attachment for not answering In case of 
 to an information, see Short & Mellor's Pract. of the C. 0., f orno tan- 
 
 pp. 411, 412. swering to 
 
 a i -n i -r> >> information. 
 
 And see as to discharge, under sub-title " Escape and liescue, 
 ante, p. 188. 
 
 As to the writ of contumacc capiendo, after authorizing and In cas f, °* 
 
 " . writ of contu- 
 
 requirmg all sheriffs, gaolers and other officers to execute the mace capiendo. 
 same by taking and detaining the body of the person against 
 whom such writ is directed to be executed, 53 Geo. 3, c. 127, 
 s. 1, proceeds thus: "And upon the due appearance of the 
 party so cited and not having appeared as aforesaid, or the 
 obedience of the party so cited and not having obeyed as afore- 
 said, or the due submission of the party so having committed 
 a contempt in the face of the Court, the judges or judge of such 
 Ecclesiastical Court shall pronounce such party absolved fi-om the 
 contumacy and contempt aforesaid, and shall forthwith make an 
 order upon the sheriff, gaoler or other officer in whose custody 
 he shall be, in the form to this Act annexed, for discharging 
 such party out of custody, and such sheriff, gaoler or other 
 officer shall, on the said order being shown to him, so soon as 
 such party shall have discharged the costs lawfully incurred by 
 reason of such custody and contempt forthwith discharge him." 
 
 Writ of Deliverance referred to. 
 
 Whereas of in your county of whom lately, at 
 
 the denouncing of for contumacy, and by writ issued there- 
 
 upon, you attached by his body until he should have made satisfac- 
 tion for the contempt ; Now he having submitted himself, and 
 satisfied the said contempt, AVe hereby empower and command you, 
 that without delay you cause the said to be delivered out of 
 
 the prison in which he is so detained, if upon that occasion and no 
 other he shall be detained therein. Given under the seal of our 
 of 
 
 A. B.,. Registrar 
 [or, Deputy Registrar, as the case may be~\. 
 Extracted by E. F., 
 
 Proctor. 
 
 By 3 & 4 Yict. c. 93, s. 1, the Privy Council or the judge of 
 any Ecclesiastical Court may order the discharge of persons in 
 custody under this writ ; and see as to discharge under this 
 writ, Rex v. Bugger, 1 D. & R. 460; 5 B. & A. 791 ; Bex 
 v. Moby, 3 D. & R. 570 ; Reg. v. Jones, 10 A. & E. 570 ; 
 Rex v. Jenkins, 3 1). & R. 41; 8. C. num. Ex parte Jenkins, 
 1 B. & C. 655; Reg. v. Baincs, 4 P. & D. 362 ; 12 A. & E. 
 
 o2
 
 100 
 
 ARREST. 
 
 Discharge in 
 bankruptcy. 
 
 210 ; 5 Jur. 337; In re The Rev. 8. P. Bale, The Queen v. Lord 
 Penzance; In re The Rev. R. W. Enraght, The Queen v. Lord 
 Penzance, 6 Q. B. D. 370 ; 50 L. J. Q. B. 234. 
 
 As to discharge in bankruptcy, see under title "Bankruptcy, 
 &c," post, p. 354. 
 
 As to discharge generally, see Greaves v. Keen, 4 Ex. D. 73 ; 
 40 L. T. 210 ; In re Edwards, Brooks v. Edwards, 21 Ch. D. 
 230; and Pitt v. Coombs, 3 N. & M. 212; 5 B. & Ad. 1078. 
 
 Issue of 
 several writs. 
 
 7. Re-arrest and Detention. 
 
 A ca. sa. is not returnable till executed ; and therefore where 
 a party arrested under a ca. sa. is discharged on the ground of 
 privilege the writ is not executed, aud he may be retaken under 
 it when his privilege expires. Reynolds, Barrack, or Williams v. 
 Newton, 1 Gr. & D. 153 ; 1 Q. B. 525 ; and see Phillips v. Price, 
 12 L. J. Q. B. 348, and Plomer v. Bull, 5 A. & E. 823. More- 
 over, where a defendant taken in execution obtains a discharge 
 by reason of the irregularity of a ca. sa. he may be retaken 
 under a fresh writ. Collins v. Beaumont, 10 A. & E. 225 ; 2 P. 
 & D. 303. Quaere, whether a defendant can be arrested a second 
 time without a judge's order where the writ upon which he was 
 first arrested has been set aside for irregularity. Holliday v. 
 Lawes, L. J. (N. S.) C. P. 101 ; 3 Bing. N. 0. 541. But, 
 according to 14th ed. Chit. Arch. p. 1488, if the defendant be 
 entitled to his discharge, the same plaintiff cannot while he is in 
 custody, or while he is returning from custody and until he 
 completely regain his liberty, detain or arrest him, though for a 
 totally different cause of action, but, if the defendant delay 
 going out of custody, it seems he might be arrested. 
 
 A party cannot be detained, but may be retaken under an 
 amended writ of attachment. Reg. v. Burgess, 2 Jur. 396. 
 
 Since the Debtors Act, 1869, a person attached for misconduct 
 and who has cleared his contempt cannot be detained for not 
 paying the costs. Jackson v. Mawby, 1 Ch. D. 86 ; 45 L. J. Ch. 
 53; Micklethwaite v. Fletcher, 27 W. R. 793. 
 
 And see also as to retaking in relation to escape, ante, p. 189, 
 and as to detention, under sub-title "Several Writs," post, p. 197. 
 
 8. Several Writs. 
 Several writs of attachment may, it seems, concurrently issue 
 into different counties, but as soon as the defendant has been 
 arrested on one, the other writs should be countermanded.
 
 EXECUTION OF WRITS. l' J ^" 
 
 In the case of a return of " non est inventus " on any writ of Alias and 
 attachment for contempt, one or more writs may issue on the p u 
 return day of the previous writ. C. 0. R. 1886, r. 262. And 
 on a return of " non est inventus" in the case of articles of the 
 peace the subsequent proceedings shall he the same as provided 
 by the rules on attachment for contempt up to capture. C. O. P. 
 1886, r. 284. As to duration and renewal of writs, see C. 0. P. Duration and 
 1886, r. 226, ante, p. 39. renewaL 
 
 Concurrent orders of committal under sect. 5 of the Debtors Concurrent 
 Act, I860, may be issued for execution in different counties. comm i t taior 
 Reg. Gen. M. T. 1869. Concurrent orders to arrest under arrest under 
 sett. 6 of that Act may also be issued for arrest in different 
 counties. R. of S. C. 1883, Ord LXIX. r. 2. 
 
 When a sheriff arrests a defendant in one proceeding, it Arrest under 
 operates virtually in all other proceedings in which the sheriff 
 holds writs against him at the time. Collins v. Tewens, 2 P. & 
 D. 439; 10 A. & E. 070; and Watson v. Carroll, 7 D. P. C. 
 217. In Wright v. Stanford, 1 Dowl. N. S. 272 ; 6 Jur. 130, When ori- 
 it was held that where a defendant had been regularly arrested f e g a i. 
 on an attachment out of Chancery, the fact of an irregular ca. sa. 
 out of the Common Pleas against the defendant after the arrest 
 did not interfere with the right of another plaintiff to detain the 
 defendant by virtue of a subsequent ca. sa. And see Frost' 's 
 Case, 5 Eep. 89. If the sheriff, having two writs in his hands, 
 one valid, the other invalid, arrests on both at the same time, he 
 may rely on the valid writ and treat as detainers any number of 
 valid writs which he may then have or which may afterwards 
 come to his hands. But if, having two such writs, he arrests on When ori- 
 the invalid writ alone, he cannot afterwards justify the arrest by megal. 
 the good writ. Moreover, the sheriff cannot, while a person is 
 unlawfully in his custody by virtue of an arrest on an invalid 
 writ, arrest that person on a good writ ; to permit him to do so, 
 would be to allow him to take advantage of his own wrong. 
 Hooper v. Lane, 10 Q. B. 546 ; 17 L. J. Q. B. 189 ; and see 
 Bateman v. Freston, 30 L. J. Q. B. 133. But where a sheriff 
 illegally arrested a defendant in one action, it was held he could 
 not justify detaining him in another. Barratt v. Pri<r, 2 L. J. 
 (N. S.) C. P. 56 ; 9 Bing. 566 ; 1 D. P. C. 725. Moreover, if 
 the first arrest is illegal, the party cannot be detained under 
 other writs without a fresh arrest, which fresh arrest is not, 
 however, prevented by the custody under the former illegal 
 writ in the absence of collusion. Collins v. Tewens, 2 P. & D.
 
 198 
 
 ARREST. 
 
 439 ; 10 A. & E. 570. In Howard v. Cauty, 13 L. J. Q. B. 
 294, the sheriff, by the direction of the plaintiff's solicitors, 
 issued a warrant under a ca. sa. to his officer to whom notice was 
 afterwards given by such solicitors not to execute the writ. It, 
 however, remained in the sheriff's hands, and the defendant was 
 subsequently arrested by the same officer at a third person's suit. 
 Held, that the defendant could not, under these circumstances, 
 insist that he had ever been in custody under the first writ, 
 although qitcerc whether notice to a sheriff's officer intrusted with 
 a warrant not to execute a writ is notice to the sheriff. 
 
 In Robinson v. Yetrens, 5 M. & W. 149 ; 3 Jur. 776, a person, 
 against whom several writs of capias had been lodged with the 
 sheriff, was arrested on one of them by an officer who had no 
 warrant for that purpose, but who, after the arrest, had his name 
 inserted in a warrant which had been placed in the hands of 
 another officer to make the arrest in that action. Held, that 
 such person was thenceforth lawfully in custody on all the writs, 
 the under-sheriff having negatived by affidavit that at the time 
 of altering the warrant he knew of any arrest having been made, 
 or that he was acting in collusion with the officer. But see 
 Collins v. Tewens, 10 A. & E. 570; 2 P. & D. 439; and Pearson 
 v. Yewens, 7 Scott, 435 ; 5 Bing. N. C. 489. 
 
 And on the subject of " Several "Writs," see under title ""Writ 
 of Fieri Facias (Introductory)," ante, p. 52. 
 
 Return 
 generally. 
 
 Return to 
 capias. 
 
 Return to 
 
 con !/i mace 
 riijii, mlii. 
 
 Return of Writs. 
 
 As to return of writs generally, see under title "Writ of 
 Fi. Fa." ante, p. 87, under sub-heading " Introductory " of 
 this Chapter, and under title " Liability and Eights of the 
 Sheriff and Remedies against the Sheriff," post, p. 494, whilst 
 as to what returns should be made in the various branches of 
 arrest process, see the following forms. 
 
 To refer more particularly to return in arrest process, (a) as 
 to return in case of capias, the sheriff is bound to make his 
 return to this writ within a reasonable time. Brown v. Jarvis, 5 
 D. P. C. 281; 1 M. & W. 704; 5 L. J. (N. S.) Ex. 271. 
 (b) As to the return to contumacc capiendo, by sect. 1 of 5 Eliz. 
 c. 23 (incorporated with 53 Geo. 3, c. 127), this writ shall be 
 issued in term time and returnable in the ensuing term, and
 
 RETURN OF WRITS. 19° 
 
 there must "be at least twenty days between the teste and return ; 
 but it seems it may now be issued and made returnable irre- 
 spective of term. The proceedings will be irregular unless the 
 writ be lodged for execution previous to the return day. Any 
 required return to the writ of contumace capiendo should be made 
 immediately on its execution ; the return must be to the Crown 
 Office, all further proceedings taking place on the Crown side of 
 the Court, (c) As to return in case of habeas corpus, it is pro- Return to 
 vided by 31 Car. 2, c. 2, s. 2, that the sheriff, or other officer, 
 having any person in his custody must within three days after 
 service of habeas corpus (with the exception of treason and 
 felony), as and under the regulations therein mentioned, make 
 return of such writ, or bring up the body before the Court to 
 which the writ is returnable and certify the true causes of 
 imprisonment, " unless the commitment of the said party be in 
 any place beyond the distance of twenty miles from the place 
 or places where such Court or person is or shall be residing, and 
 if beyond the distance of twenty miles, and not above one hun- 
 dred miles, then within the space of ten clays, and if beyond the 
 distance of one hundred miles, then within the space of twenty 
 days, after such delivery aforesaid, and not longer " ; and by 
 sect. 3, a person committed, except for treason and felony, &c, 
 may appeal to the Court, who may award habeas corpus " to be 
 directed to the officer or officers in whose custody the party so 
 committed or detained shall be, returnable immediate " before 
 the Court, and upon service thereof such officer, &c, must bring 
 up the prisoner before the Court " within the times respectively 
 before limited," with the return of such writ and the true causes 
 of the commitment and detainer; and thereupon within two 
 days the Court may discharge the prisoner upon recognizance, 
 and certify the writ with the return and recognizance, 
 subject to the therein-mentioned proviso for process not bail- 
 able (/). And see hereon Ex parte Sheriff' of Middlesex, 9 D. 
 P. C. 195. The return to a habeas corpus must answer the 
 taking as well as the detaining. Wurman's Cusp, 2 "W. Bl. 1204; 
 and see as to return in habeas corpus, C. 0. R. 1886, rr. 211 — 
 2 l : >, and for any further information, Short & Mellor's Pract. 
 of the C. 0., Chap. XL, "Habeas corpus." (d) As to return to Returns to 
 attachment for contempt, see C. 0. R. 1886, r. 262 ; and (e) as to f or cont^pt 
 articles of the peace, see C. 0. R. 1886, rr. 282, 283. and articles of 
 
 the peace. 
 
 (/) For greater simplicity the old mode of spelling in the text is not 
 hero adopted.
 
 200 
 
 ARREST. 
 
 Returns : 
 
 " Non est 
 inventus.'" 
 
 Rescue. 
 
 LaMr/Midas." 
 
 Insanity. 
 
 Privilege. 
 Escape. 
 
 Setting aside 
 return. 
 
 Action 
 against 
 BherifE for 
 
 false return. 
 
 Ruling sheriff 
 
 A return to a writ of capias, " the defendant is not to be 
 found in my bailiwick," is a void return. Rex v. Kent (Sheriff), 
 in a cause of Potter v. Simpson, 2 M. & W. 316 ; 5 D. P. C. 451. 
 And if a sheriff returns " non est inventus " when the defendant 
 is visible and pursuing his business as usual, the sheriff is liable 
 to an action for false return. Beckford v. Wilts (Sheriff), 2 
 Esp. 475 ; but see Saxton v. West, 2 Anst. 479. If after a 
 caption the party taken be rescued by force, the sheriff may 
 return the rescue. Hotcden v. Standish, 6 C. B. 504 ; 18 L. J. 
 C. P. 33. And where a defendant has been rescued from a 
 bailiff, the sheriff may return the rescue as from his bailiff, and 
 not from himself. Gobbey v. Deices, 3 M. & Scott, 556 ; 2 L. J. 
 (N. S.) C. P. 226 ; and see as to return of rescue, Rex v. 
 Middlesex (Sheriff'), IB. & A. 190 ; and Short & Mellor's 
 Pract. of the 0. O. (attachment on a return of rescue) pp. 412 
 et seq. In the case of a return " languidas" the fact of the 
 defendant's illness at the return of the writ should appear. 
 Perkins v. Meaeher, 1 D. P. C. 21 ; and see Baker v. Davenport, 
 8 D. & P. 606. Where a party in custody under a writ of 
 ca. sa. was too ill to be removed without endangering his life, 
 the Court enlarged the time for the return, but could afford the 
 sheriff no relief for the extra costs of keeping up the caption. 
 Jones v. Robinson, 11 M. & W. 758 ; 12 L. J. Ex. 415. Where 
 a return to a latitat stated that the defendant was insane and 
 could not be removed without great danger and continued so until 
 the return of the writ, it was held, that an attachment would 
 not lie against the sheriff. Cavenagh v. Collctt, 4 B. & A. 279. 
 If the sheriff cannot execute the writ on account of some 
 privilege enjoyed by the defendant or the like, he returns the 
 fact specially. A return of an escape would appear to be bad ; 
 see 14th ed. Chit. Arch. p. 899. 
 
 The Court will not set aside the sheriff's return tcf a writ of 
 capias on an affidavit denying the truth of the return and 
 charging collusion with the defendant. Goubot v. De Crony, 
 2 D. P. C. 86 ; 2 L. J. (N. S.) Ex. 207. 
 
 In an action against the sheriff for a false return to a ca. sa., 
 it is not necessary to aver in the declaration that he had notice 
 from the plaintiff that the defendant was within his bailiwick so 
 that he might arrest him. Hereford (Bean, 8fc.) v. Macnaniara, 
 5 D. & P. 95. And see as to action for a false return, Hotcden 
 v. Standish, 6 D. & L. 312 ; 6 C. B. 504 ; 18 L. J. C. P. 33. 
 
 Where one sheriff has made a special return to a writ of capias
 
 RETURN OF WRITS. 201 
 
 the Court will not compel his successor to make another, the to return 
 
 circumstances remaining unaltered. Pasmore v. Wilkinson, 3 writs - 
 
 D. P. C. G35. Where a ca. sa. has been sued out and the parties After compro- 
 
 subsequently compromise, the Court will not compel the sheriff ^^' (XJi 
 
 to return the writ, although he has been ruled to do so by the 
 
 plaintiff's attorney, without whose consent the compromise has 
 
 been effected. Hedges v. Jordan, 5 D. P. C. 6. It is irregular Who entitled 
 
 that a defendant should, without the plaintiff's authority, rule to rule - 
 
 the sheriff to return a ca. sa. which has not been executed, but 
 
 such proceeding is not in itself a contempt of process of the 
 
 Court. Daniels v. Gompertss, 3 Q. B. 322; 2 G. & D. 751. 
 
 The Court will not assent to an application on the part of the 
 
 defendant against a sheriff to return a ca. sa. issued against him 
 
 unless he shows some special grounds for the application. 
 
 Williams v. Webb, 2 Dowl. N. S. 904 ; 5 Scott, N. E. 901 ; 
 
 7 Jur. loo. 
 
 " A return that the defendant is sick, in prison, or a lunatic Where new 
 is good ; but if the sheriff go out of office, and a new sheriff be pSdTe'fore 
 appointed before the return, the return should be made in the return - 
 name of both ; by the old sheriff that he delivered the body to 
 the new sheriff, by the new sheriff, languidas." 2nd ed. Watson 
 on Sheriffs, p. 238. 
 
 A return in these words " I had not at the time of receiving Insufficiency 
 this writ, nor have I since had the body of A. B. detained in of return " 
 my custody, so that I could not have her," &c. is a bad return, 
 and an attachment was granted against the party who made it! 
 Rex v. Win ton, 5 T. E. 89. 
 
 Forms of Return. 
 1. Return of Cepi Corpus. 
 
 I have taken the within -named whose body I have ready 
 
 as I am within commanded. ' 
 
 The answer of esquire sheriff. 
 
 2. Return of Non est inventus. 
 The within-named is not found in my bailiwick. 
 
 The answer of esquire Sheriff.
 
 202 AEEEST. 
 
 3. Return of Cepi Corpus as to one Defendant, and Non est inventus 
 
 as to another. 
 
 I have taken the within-named whose body I have ready, 
 
 as I am within commanded : but the within-named is not 
 
 found in my bailiwick. 
 
 The answer of esquire sheriff. 
 
 4. Return of Cepi Corpus {bail taken). 
 
 On the day of 18 1 took the within-named in 
 
 my bailiwick and him safely kept until he gave me bail as within 
 I am commanded. 
 
 The answer of esquire sheriff. 
 
 5. Return of Cepi Corpus {security given). 
 
 On , I took the within-named in my bailiwick, and 
 
 him safely kept until he deposited in Court the sum of £ [or 
 
 " gave to the plaintiff a bond executed by him and two sufficient 
 securities in the penalty of £ " or set out the security given, 
 
 and the plaintiff'' s consent to it], byway of security that he would not 
 go out of England without leave of the Court, as by this order 
 required, as I am within commanded. 
 
 The answer of esquire sheriff. 
 
 6. Return of Cepi Corpus {defendant in prison). 
 
 On , I took the within-named and for the purpose 
 
 within mentioned, whose body remains in the prison of our lady 
 the Queen, under my custody. 
 
 The answer of esquire sheriff. 
 
 7. Return of Cepi Corpus to Writ of Ca. Sa. 
 
 ) I esquire sheriff of the said county do humbly certify 
 
 to wit. ) and return to [name of Judge by ichom icrit signed] Her 
 Majesty's Judge mentioned in the writ to this schedule annexed, that 
 the said in the said writ named was taken on the day 
 
 of 18 and in Her Majesty's gaol in and for the said county 
 
 at is detained under my custody, by virtue of a writ of capias 
 
 ad satisfaciendum, the tenor of which said writ follows in these 
 words "Victoria, &c." [setting forth the writ and all indorsements 
 thereon verbatim'] And this is the cause [or " causes "] (g) of taking 
 
 (//) In case of the prisoner being detained by several writs, all the 
 writs should be set out in the return in like manner. If the prisoner was 
 taken in the late sheriff's time, the above form would do, but it is better 
 to state that the prisoner was taken by the late sheriff, and after setting 
 out the writ, ' ' which said writ and the custody of the body of the said 
 was duly assigned transferred and delivered over to me by the 
 said late sheriff at his going out of office." Watson on Sheriffs, 2nd ed. 
 p. 476, n.
 
 FORMS OF RETURN. 
 
 the said which together with his body I have ready as by the 
 
 said writ I am commanded. 
 
 The answer of esquire sheriff. 
 
 8. Return of Cepi Corpus and Discharge out of Custody. 
 
 I have taken the within-named and committed him to the 
 
 common gaol of our Lady the Queen at there to be kept 
 
 in safe custody so that I might have his body before the justices of 
 Her Majesty's High Court of Justice Division at Westminster 
 
 as within I am commanded. And I do hereby further certify and 
 return that afterwards, that is to say on the day of 
 
 a.d. 18 by command of a certain other writ of our Lady the 
 Queen to me directed and delivered, a transcript whereof is annexed 
 to this writ, I caused the said to be delivered from that prison, 
 
 and therefore the body of the said before &c. at the day and 
 
 place within contained I cannot have as within I am commanded. 
 
 The answer of &c. 
 
 9. Return of prior removal by Habeas Corpus. 
 
 By virtue of this writ to me directed I did on the day 
 
 of take the within-named and did safely keep him in Her 
 
 Majesty's prison in and for the county of until afterwards, to 
 
 wit on &c. I received Her said Majesty's writ of habeas corpus cum 
 causa commanding me to have the body of the said before 
 
 at immediately after the receipt of that writ : By virtue of 
 
 which said writ on the day and at the place therein mentioned I 
 had the body of the said before &c. who then received of me 
 
 the body of the said and then committed him to the Queen's 
 
 prison [or as the case may oe] and then wholly discharged me from 
 further keeping him under my custody : wherefore I cannot have 
 the body of the said before our said Lady the Queen at the 
 
 day and place within contained as within I am commanded. 
 
 The answer of &e. 
 
 10. Return of Languidas. 
 
 By virtue of this writ to me directed, I took the within-named 
 at a dwelling-house, situate in the parish of , in my 
 
 county, but the said was then so sick and ill, and in so weak, 
 
 infirm and debilitated a state, that he could not be taken or removed 
 from the said dwelling-house, to the common gaol of my said 
 county, without great peril and danger of his life : and the said 
 for the cause aforesaid, was kept and remained and con- 
 tinued, and still is kept and remains and continues, in my custody 
 in the said dwelling-house, so sick and ill, and in such a weak, 
 infirm and debilitated state as aforesaid, that I cannot, without 
 peril and danger of his life, have the body of the said before 
 
 our said lady the Queen in the Division of the High Court of 
 
 Justice as I am within commanded. 
 
 The answer of esquire sheriff. 
 
 203
 
 201 ARREST. 
 
 11. Return of .Rescue. 
 
 By virtue of this order to me directed, I made my warrant in 
 writing, under my seal of office, to and my bailiffs, 
 
 jointly and severally to take and arrest the within-named : 
 
 by virtue of which warrant the said and afterwards, 
 
 on , at , in my county, and within my bailiwick, took 
 
 and arrested the within -named according to the exigency of 
 
 the said order, and safely kept him in their custody until 
 of , and other persons to me and my said bailiffs unknown, 
 
 on , at aforesaid, with force and arms assaulted and 
 
 ill-treated my said bailiffs, and the said out of the custody of 
 
 my said bailiffs then and there rescued, and the said then and 
 
 there with force and arms rescued himself, and escaped out of the 
 custody of my said bailiffs, against the peace of our lady the Queen: 
 and afterwards the said is not to be found in my bailiwick. 
 
 The answer of esquire sheriff. 
 
 12. Return to Ca. Sa. that Defendant teas a Member of Parliament 
 on its Dissolution, and that Forty Days since the Dissolution 
 have not elapsed. 
 
 I certify and return to our lady the Queen in the Division 
 
 of the High Court of Justice, that the within-named before 
 
 and at the time of the dissolution of the last Parliament of the 
 United Kingdom of Great Britain and Ireland, was a member of 
 the House of Commons of the said Parliament and served as such, 
 and was entitled to his privilege of Parliament ; and I further 
 certify and return that this writ was delivered to me after the said 
 dissolution, and that forty days since the said dissolution have not 
 yet elapsed, and the said continuing to have his privilege of 
 
 Parliament and freedom from arrest and imprisonment on civil 
 process, I cannot have his body before Her Majesty in the said 
 Division of the High Court of Justice, at the time and place 
 within-mentioned, as I am within commanded. 
 
 The answer of sheriff. 
 
 13. Return of Mandavi Ballivo. 
 
 By virtue of this writ to me directed, I made my mandate to the 
 bailiff of the liberty of in my county, to take and arrest the 
 
 within-named which said bailiff hath the full return of all 
 
 writs and processes, and the execution of the same within the 
 liberty aforesaid, so that no execution of this writ can be made by 
 me within the said liberty, which said bailiff hath returned to me 
 " that he hath taken the within-named whose body he hath 
 
 ready " \_or " that the within-named is not found in his baili- 
 
 wick"] : And I further certify that the said is not found in 
 
 my bailiwick. The answer of sheriffi 
 
 14. Return to Ne Exeat Regno. 
 
 I have caused the within-named corporally to come before 
 
 me, and he found bail in the penalty of £ according to the 
 
 command of the within writ. The answer of sheriff-
 
 INCIDENTAL. 205 
 
 Incidental. 
 
 See, as to excuse for non-compliance with the writ of habeas Non-compli- 
 corpus, Reg. v. Barnardo, Re Tye (Xo. 1), 23 Q. B. D. 305 ; 53 a T with 
 
 _ ■* _ ' * _ ' _ v ' habeas corpus. 
 
 L. J. Q. B. 5o3 ; 24 Q. B. D. 283 ; affirmed with variations, 
 H. L., W. N. (1892) 132 ; Barnardo v. Ford, [1892] A. C. 326 ; 
 61 L. J. Q. B. 728; 67 L. T. 1. And as to production of 
 corpus, see In re Thompson, Reg. v. Wooda-ard, 5 T. L. R. 
 565, 601. 
 
 If disregard is shown to a habeas corpus at common law, an Attachment 
 attachment will he immediately granted. Ex parte Boson, 2 ^en^eto 6 " 
 Ld. Ken. 289. As to an appeal against an order for attach- habeas corpus, 
 ment for disobedience to a writ of habeas corpus, see Reg. v. an appeaL 
 Barnardo, Re Tye (No. 1), ante; although see also O'Shea v. 
 0' Shea, 15 P. D. 59 ; 59 L. J. P. 47 ; 38 W. R. 374, C. A. ; 
 where Reg. v. Barnardo, ante, distinguished. 
 
 Fees. 
 See under title " Sheriffs' Fees," Chap. XXXI., post, p. 505.
 
 206 
 
 Chapter XIIT. 
 
 WRITS OF VENIRE FACIAS AND DISTRINGAS (PROCESS IN 
 CONNECTION WITH INDICTMENTS). 
 
 PAGE 
 
 Introductory 206 
 
 Forms of Writs 207 
 
 Execution of Writs 208 
 
 Fees - 210 
 
 Process in 
 connection 
 with indict- 
 ments. 
 
 Venire facias, 
 when issued. 
 
 Subpoona to 
 answer. 
 
 Introductory. 
 
 In relation to the process directed to sheriffs in connection with 
 indictments, see Crown Office Rules, 1886, it. 83 — 98 (Appear- 
 ance to Indictment, Information and Requisition), from which 
 it will be observed that such consists of (1) Writ of Venire 
 Facias (rr. 94, 98) ; (2) Writ of Attachment (r. 95) (a) ; 
 (3) Writ of Distringas (rr. 96, 98) ; and (4) Capias ad respon- 
 dendum (r. 97) (a). Distringas is also used against inhabitants, 
 after conviction, for not repairing a highway. And see in 
 relation to indictments under titles " Recovery of Fines, Penal- 
 ties, &c," " Writ of Abatement," and " Writ of Restitution," 
 post, pp.211, 213,232. 
 
 " When any indictment has been found in, or removed into 
 the Queen's Bench Division at the instance of the prosecutor, 
 or of one or more of several defendants, the prosecutor may, 
 instead of applying for a warrant under rules 85 — 87, issue 
 a writ of venire facias against such defendants as are not parties 
 to the removal of the indictment, or defendants under recog- 
 nizance to answer, or in the case of an information, may issue 
 either a subpoena to answer, or a venire facias if it is intended to 
 proceed to outlawry." C. O. R., 1886, r. 94. 
 
 (a) As to which, see under title " Arrest," ante, p. 154.
 
 INTRODUCTORY. 207 
 
 " If a defendant fails to appear within four days after the Distringas, 
 sheriff has returned to the Court on the venire facias that he has 
 summoned the defendant, the prosecutor may issue a writ of 
 distringas:' lb. r. 96. 
 
 " The j>rocess against a body corporate or inhabitants of a Process 
 county, borough, parish, or place, to compel an appearance -^^ corpo . 
 shall be by writs of venire facias and distringas. If such de- rate, &c. by 
 
 .'. i i •/>> venire facias 
 
 fendants do not armear within four days after the sheriff has and distringas. 
 returned that he has distrained the defendants' land and 
 chattels, alias and pluries writs of distringas may be issued with 
 such increased amounts upon each succeeding writ as the Court 
 or a judge may order." lb. r. 98. 
 
 As already intimated, the writ of distringas is also used Distringas for 
 against inhabitants, after conviction, for not repairing a high- highway."" ° 
 way. 
 
 As to venire facias and distringas in relation to outlawry, see Venire facias 
 C. 0. Bi. 99 and 100, ante, p. 34, and under title " Outlawry," i n relation to 
 
 post, p. 229. outlawry. 
 
 Forms of Writs. 
 1. Writ of Venire Facias, to answer (Form No. 52, C. 0. R. 1886). 
 
 Victoria, by the Grace of God, &c, to the Sheriff of 
 greeting : We command you that you cause to come before Us 
 in the Queen's Bench Division of Our High Court of Justice, at 
 the Royal Courts of Justice, London, on the day of , 
 
 18 , A. 13., to answer to Us for certain misdemeanors whereof he 
 is indicted, and have you then there this writ. 
 
 Witness, &c. 
 
 This writ was issued by, &c. 
 
 2. Writ of Distringas, to answer (Form No. 56, C. O. E. 1886). 
 
 Victoria, by the Grace of God, &c, to the Sheriff of 
 greeting : We command you that you distrain A. B. by all his 
 lands and chattels in your bailiwick, so that neither he nor any 
 one for him do put his hands to the same, until you shall have 
 another command from Us for that purpose. And that you answer 
 to Us for the issues thereof, so that you may have him before Us 
 in the Queen's Bench Division of Our High Court of Justice 
 at the Royal Courts of Justice, London, on the day of , 
 
 18 , to answer to Us for certain whereof he is indicted or 
 
 impeached], and to hear his judgment for his many defaults, and 
 have you then there this writ. 
 
 Witness, &c.
 
 208 WRITS OF VENIRE FACIAS AND DISTRINGAS. 
 
 3. Writ of Distringas against Inhabitants after Conviction for not 
 
 repairing a Highway (Form No. 146, C. 0. E. 1886). 
 
 Victoria, by the Grace of God, &c, to the Sheriff of , 
 
 greeting : Whereas some time ago, that is to say, on, &c, at, 
 &c, before &c. [recite the caption and the indictment^, which 
 said indictment We did afterwards, for certain reasons, cause 
 to be brought before Us in the Queen's Bench Division of the 
 High Court of Justice to be determined according to the law 
 and custom of England. And whereas afterwards such pro- 
 ceedings were had in Our said Court before Us on the said indict- 
 ment, that the inhabitants of the said by a certain jury 
 of the country taken between Us and the said inhabitants [or 
 by their own default] stand convicted of the nuisances above 
 mentioned and specified and charged upon them in the indict- 
 ment aforesaid, in manner and form as in and by the said indict- 
 ment is above alleged against them. And whereas thereupon it 
 has been considered and adjudged by Our said Court before Us 
 that the said inhabitants of should be distrained for the 
 nuisances aforesaid, as in Our said Court before Us it appears 
 upon record. We therefore command you that you distrain the 
 inhabitants of the parish aforesaid in your said county by all their 
 lands and chattels in your bailiwick, so that neither they nor any 
 one for them do put their hands to the same until you shall have 
 another command from Us for that purpose. And that you answer 
 to Us for the issues thereof, so that they, the inhabitants of the 
 said parish, may, at their own proper costs and charges, well and 
 sufficiently repair and amend that part of the said common and 
 ancient Queen's highway so out of repair as aforesaid, if before 
 it shall not be repaired and amended by them. And how you 
 shall execute this Our writ make known to Us in Our said last 
 mentioned Court immediately after the execution thereof. And 
 have then there this writ. 
 
 Witness, &c. 
 
 4. Writ of Supersedeas to Distringas (Form No. 171, C. 0. E. 1886). 
 
 Victoria, by the Grace of God, &c, to the Sheriff of , 
 
 greeting : Whereas A. B. has appeared in the Queen's Bench 
 Division of Our High Court of Justice to an indictment against 
 him for certain misdemeanours [_or felonies]. We therefore com- 
 mand you that you wholly supersede the distraining or otherwise 
 molesting any longer the said A. B. on account of the premises 
 aforesaid. And if you have distrained the said A. B. that then 
 you do without delay deliver or cause to be delivered to him that 
 which you have so distrained, if he be thereby distrained for the 
 reasons aforesaid and no other, and this you are not to omit. 
 
 Witness, &c. 
 
 Execution of Writs. 
 
 Venire facias. 
 Summoning The writ of venire facias is delivered to the sheriff for execu- 
 return am tion in the usual way. It is the sheriff's duty to summon the
 
 EXECUTION OF WRITS. 209 
 
 party upon the venire ; and he returns to the writ accordingly, 
 or that the party has not any goods in his (the sheriff's) baili- 
 wick by which he can be summoned. 
 
 As to order to return writ, see C. 0. R. 1886, r. 233, and Order to 
 
 return 
 
 under title " Liability and Rights of Sheriff" and Remedies 
 against Sheriff," post, pp. 494 et seq., in reference to attachment 
 against the sheriff for omitting to return writ. 
 
 When a defendant, not under recognizance, receives a sum- Entry of ap- 
 mons from the sheriff upon the venire, his solicitor may enter an ^fendantby 
 appearance for him at the Crown Office. solicitor. 
 
 Distringas. 
 
 As to the mode of executing this writ, the following quotation 
 from Watson on Sheriff Law respecting Distringas in the old 
 process in real actions may be taken as more or less still applic- 
 able : — " The sheriff may distrain either the moveable goods of 
 the defendant (b) or the issues [proceeds of a distress] of his 
 land ; and for this purpose he issues his warrant to two bailiffs 
 who are to execute the distringas. The sheriff may either keep 
 the goods so distrained, or take money, or an obligation for the 
 appearance of the defendant or tenant, according to the exigency 
 of the writ. The return of the sheriff is, that he has distrained Return. 
 the defendant by his lands and chattels, to which he adds the 
 amount of the issues and the names of the manucaptors (c). 
 The issues returned must be reasonable. Where the sheriff 
 returned niandari ballivo without also returning that the defen- 
 dant had no issues in his bailiwick, the return was bad, and the 
 sheriff was amerced." For forms of return, adapt those given 
 by Watson. 
 
 As to order to return writ, see C. 0. R. 1886, r. 233 ; and Order to 
 under title " Liability and Rights of Sheriff and Remedies return - 
 against Sheriff (Attachment against the Sheriff for omitting to 
 return Writ, &c.)," post, pp. 494 et seq. 
 
 On the defendant entering an appearance to the writ of Supersedeas to 
 distringas, a supersedeas may be issued to the distringas, as to 
 the form of which see Form No. 4, ante, p. 208. Other writs of a and other 
 
 writs. 
 
 (/)) The sheriff levies 40s. upon the goods of the defendant. 
 (') Or that the defendant has not any goods in his bailiwick. 
 M. I>
 
 210 
 
 WRITS OF VENIRE FACIAS AND DISTRINGAS. 
 
 like nature must be superseded in the same way on the defen- 
 dant doing that which the writ was issued to compel. The form 
 of the writ of supersedeas must be altered to suit the particular 
 case. 
 
 Fees. 
 See under title " Sheriffs' Fees, &g." post, p. 505.
 
 211 
 
 Chapter XIV. 
 
 WRIT OF ABATEMENT OR DE NOCUMENTO AMOVENDO. 
 
 PAGE 
 
 Introductory --------- 211 
 
 Form of Writ 211 
 
 Introductory. 
 
 The writ of abatement (de nocumento amovendo) is issued where 
 a defendant is indicted and convicted for obstructing a highway, 
 or for other nuisances. It sets out that the defendant has been 
 adjudged and ordered to pay a fine for the nuisances charged 
 against him, and directs the sheriff to remove, or cause to be 
 removed, the obstruction or other nuisance. 
 
 Form of Writ. 
 
 Writ of Abatement or Nocumento Amovendo (Form No. 147, C. 0. E. 
 
 1886). 
 
 Victoria, by the Grace of God, &c, to the Sheriff of , 
 
 greeting : "Whereas, on the day of , at , &c. 
 
 [recite the caption of the indictment and the indictment]. Which 
 said indictment AVe afterwards, for certain reasons, caused to be 
 brought before Us in the Queen's Bench Division of Our High 
 Court of Justice, to be determined according to the law and custom 
 of England. And whereas thereupon afterwards, that is to say, at 
 the assizes holden at in and for the county of on the 
 
 day of 18 , before and , justices, &c, 
 
 upon tho trial of the issue joined between Us and the said E. AV., 
 he the said II. W. was in due manner convicted of the matters con- 
 tained in tho said indictment, in manner and form as in and by the 
 said indictment was alleged against him, as in tho said Queen's 
 Bench Division before Us it more fully appears upon record. 
 AVhereupon on the day of 18 , it was adjudged and 
 
 ordered by Our said Court before Us that the said E. AV. for the 
 
 i>2
 
 212 WRIT OF ABATEMENT OR DE NOCUMENTO AMOVENDO. 
 
 nuisances aforesaid charged upon him by the said indictment, 
 whereof he was so convicted as aforesaid, should pay a fine of 
 And that such nuisances should be abated as in Our said Court 
 before Us it also appears upon record. We therefore command 
 you that the said , so erected and built upon the said highway 
 
 at the parish of in the said county of and so as afore- 
 
 said continued as in the said indictment mentioned, you do without 
 delay remove, or cause to be removed, and how you shall execute 
 this Our writ make known to Us in Our said Court immediately 
 after the execution thereof, and have then there this writ. 
 Witness, &c.
 
 213 
 
 Chapter XV. 
 
 RECOVERY OF FINES, PENALTIES, ETC. 
 
 PAGE 
 
 I. Fines on Indictments and Penalties on Affirmance of 
 
 Conviction ------- 213 
 
 Forms of Writs - - - - - - 214 
 
 Execution of Writs 216 
 
 Forms of Warrants 216 
 
 Forms of Returns 217 
 
 Fees 217 
 
 II. Sessions and Assize Fines, Estreats, Sfc. - - - 218 
 Execution ------- 221 
 
 Form of Writ 222 
 
 Forms of Warrants 222 
 
 Fees 223 
 
 III. Customs and Excise Penalties 223 
 
 I. Fines on Indictments and Penalties on Affirmance of 
 
 Conviction. 
 
 With regard to indictments removed into the Queen's Bench Indictments 
 Division, in the event of a fine being imposed and the defendant Q uee n's 
 not being: committed to the Queen's prison or ordered to be 5? n p^ 
 
 .Division 
 
 further imprisoned until its payment, then (on the authority of 
 R. v. Templan, 1 Salk. 56, and Duke's Case, 1 Salk. 400) a capias 
 j)ro fine may, it seems, be issued for the enforcement of such fine, 
 or (on the authority of 11. v. Woolf, 2 B. & Aid. 609) its re- 
 covery may be enforced by a fieri facias, or writ of levari 
 . facias (a) . (See Forms of Fi. Fa. for fine and Levari facias, 
 Nos. 145 and 143, C. 0. E. 1886, pod, p. 214 ; as also, with 
 regard to Levari facias, No. 142.) 
 
 (<i) It will be observed that the -writ of levari facias was abolished by 
 the Bankruptcy Act, 1883, s. 140 (2), in any civil proceedings.
 
 214 
 
 RECOVERY OF FINES, PENALTIES, ETC. 
 
 Indictments 
 against in- 
 habitants for 
 non -repair of 
 highway. 
 
 Process on 
 affirmance of 
 conviction. 
 
 A writ of distringas may be issued against inhabitants for 
 conviction for not repairing a highway (see Form No. 146, 
 C. 0. R. 1886, ante, p. 208), and they may, it seems, be con- 
 tinuously distrained till its repair [b) ; or a writ of levari facias 
 may be issued against inhabitants, &c, upon conviction and 
 fine in respect of such disrepair. (See Form No. 143, 0. 0. R. 
 1886, infra.) Moreover, a body corporate may, it seems, be 
 similarly dealt with, when found guilty of an offence other 
 than the non-repair of a highway. (See Short & Mellor's Crown 
 Office Practice, at p. 237.) 
 
 On affirmance of conviction of justices, the process to recover 
 the penalty is by levari facias. (Forms Nos. 149 and 150, 
 C. 0. R. 1886, post, pp. 215, 216.) 
 
 Forms of Writs. 
 1. Writ of Fieri Facias for a Fine (Form No. 145, C. 0. E, 1886). 
 
 Victoria, by the grace of God, &c, to the Sheriff of , 
 
 greeting : We command you that of the goods and chattels, lands 
 and tenements of A. B., you cause to be levied pounds, im- 
 
 posed upon him in the Queen's Bench Division of Our High Court 
 of Justice before him for his fine, for certain whereof he is 
 
 impeached [or indicted], and thereupon, by a certain jury of the 
 country [or by his own default, or confession], he stands convicted, 
 as in Our Court before Us it appears upon record. And that you 
 have the said money before Us in Our said Court immediately after 
 the execution thereof, to satisfy Us for the said fine. And that you 
 then have there this writ. Witness, &c. 
 
 2. Writ of Levari Facias against Inhabitants, S,'c, upon Conviction 
 and Fine (Form No. 143, C. 0. R. 1886). 
 
 Victoria, by the Grace of God, &c, 
 
 To the Sheriff of , greeting : 
 
 Whereas sometime, that is to say, on the day of 
 
 18 , at [the assizes, &fc. Here recite the caption of the indictment] 
 by the oath of twelve jurors, good and lawful men of the said 
 county of then and there sworn and charged to inquire for 
 
 Us and the body of the said county. 
 
 It was presented as follows, that is to say : 
 [Set out the indictment] 
 Which said indictment wo afterwards, for certain reasons, caused 
 to be brought before Us, to be determined, according to the law 
 and custom of England, and such proceedings were thereupon had 
 in Our Court before Us, upon the said indictment, that the 
 inhabitants of the said parish of by a jury of the country, 
 
 (b) Seo under title " Distringas" ante, p. 206.
 
 FINES OX INDICTMENTS, ETC. 215 
 
 taken between Us and the said inhabitants, stand convicted of the 
 trespasses and nuisances above specified, and charged upon them, 
 in and by the said indictment in manner and form as in and 1 >y 
 the said indictment is alleged against them ; and whereas it has 
 thereupon been considered and adjudged in the Queen's Bench 
 Division of Our High Court of Justice before Us, that the in- 
 habitants of the said parish, for their offences aforesaid, should 
 pay a fine of £ of lawful money of Great Britain, [according 
 
 to the order of Court for fine\ and that such fine should be paid 
 into the hands of of to be by him applied, pursuant to 
 
 the directions of the statute, in sucb case made and provided, as in 
 Our said Court, before Us, it appears upon record. We therefore 
 command you that of the goods and chattels, lands and tenements 
 of the said inhabitants of the said parish of you levy, and 
 
 cause to be levied, the said sum of £ being the fine so 
 
 imposed upon them, in Our said Court, before Us, for their said 
 offences whereof they are indicted and convicted, as aforesaid, and 
 that you pay the said fine, when levied, into the hands of the said 
 , to be by him applied to the repair of the said several high- 
 ways, so as aforesaid, in decay and out of repair, pursuant to the 
 directions of the statute, in such case made and provided ; and how 
 you shall have executed this Our writ, make known to Us in Our 
 said last-mentioned Court immediately after the execution thereof. 
 And have then there this writ. 
 
 Witness, &c. 
 
 This writ was issued by 
 
 3. Writ of Levari Facias on conviction affirmed (Form No. 149, 
 C. 0. E. 1886). 
 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff of , greeting : 
 
 Whereas I. G. was heretofore, to wit, on the day of 
 
 18 , at , on the complaint of , convicted by and 
 
 before [here recite the conviction]. And whereas the said I. G. 
 having appealed to the then next General Quarter Sessions of Our 
 Peace, holden at in and for Our said county of , against 
 
 the record of the said conviction, the same was by the Court of 
 General Quarter Sessions aforesaid, rectified and confirmed. And 
 whereas the said record of conviction, and the proceedings had 
 thereon as aforesaid, were afterwards, by virtue of Our writ of 
 Certiorari issued in that behalf brought before Us in the Queen's 
 Bench Division of Our High Court of Justice that We might cause 
 further to be done thereon what of right and according to the law 
 and custom of England, We should see fit to be done, as appears to 
 Us of record. And thereupon it was considered and adjudged by 
 Our said Coui't before Us that the said record of conviction, and 
 also the said order so made by the said Court of Quarter Sessions 
 as aforesaid, should be affirmed, as in Our said Court before Us it 
 also appears on record. We therefore command you, that of the 
 goods and chattels, lands and tenements of the said I. G. in your 
 bailiwick you cause to be Levied the sum of so adjudged to 
 
 have been forfeited as aforesaid by the said I. G.. and that 3-ou 
 have the said money before Us in Our said Court at the Koyal
 
 216 EECOVERY OF FINES, PENALTIES, ETC. 
 
 Courts of Justice, London, immediately after the execution of this 
 Our writ to go and be applied according to the directions of the 
 statute in such case made and provided. And have then there this 
 writ. 
 
 Witness, &c. 
 
 [To be indorsed by order of Court. ~\ 
 
 4. Second Writ of Levari Facias on Conviction affirmed for residue 
 where part Levied (Form No. 150, C. 0. E. 1886). 
 
 Victoria, by the Grace of God, &c. 
 To the sheriff of , greeting : 
 
 Whereas [here write the conviction as in the first writ (No. 3), and 
 the first writ and return]. As by the return of the [then'] sheriff 
 to the said writ of levari facias in Our said Court before Us, it also 
 appears upon record. We therefore command you that of the goods 
 and chattels, lands and tenements of the said in your baili- 
 
 wick, you cause to be levied the sum of residue of the said 
 
 sum of so adjudged to have been forfeited as aforesaid, by the 
 
 said , and that you have the said sum of , residue of the 
 
 said sum of , before Us in Our said Court at the Royal Courts 
 
 of Justice, London, immediately after the execution of this Our 
 writ to go [Sfc, as in No. 3]. 
 
 Execution of Writs. 
 The writ of fieri facias for fine is executed similarly to an 
 ordinary writ of fieri facias. See, therefore, under title " Writ 
 of Fieri Facias" ante, p. 51. See also under that title for 
 general guidance as to execution of writ of levari facias. 
 
 Forms of Warrants. 
 
 1. Warrant on Levari Facias ayainst Inhabitants, fyc, upon Convic- 
 tion of Fine. 
 
 — to wit : esquire, sheriff of the said county to my 
 
 bailiff greeting. By virtue of a writ of our Sovereign Lady the 
 Queen to me directed and delivered bearing date the day 
 
 of in the year of our Lord one thousand eight hundred and 
 
 ninety I command you that you cause to be levied of the 
 
 goods and chattels, lands and tenements in my bailiwick of the 
 inhabitants of the parish of the sum of £ being the fine 
 
 so imposed upon them by virtue of [here set out particulars of the 
 fine, Sfc. in question according to reference thereto given in the writ] 
 so that I may pay the same into the hands of as therein 
 
 commanded. And in what manner you shall have executed this 
 warrant certify to me immediately after the execution thereof. 
 Given under the seal of my office this day of 189 . 
 
 By the sheriff, 
 
 (Seal of Office.)
 
 FINES ON INDICTMENTS, ETC. 217 
 
 2. Warrant on Levari Facias on Conviction affirmed. 
 
 [Same as in preceding form to the ivord "bailiwick" and then 
 continue thus : — ] of of the sum of £ therein 
 
 adjudged to have been by him forfeited [here set out particulars 
 respecting the forfeiture in question according to reference thereto given 
 in the writ] so that I may have the said money as I am therein com- 
 manded. And in what manner you shall have executed this 
 warrant certify to me immediately after the execution thereof. 
 
 Given under the seal of my office this day of 189 . 
 
 By the Sheriff 
 
 (Seal of Office.) 
 
 3. Warrant on Second Writ of Levari Facias on Conviction affirmed 
 for Residue where Part levied. 
 
 [Adapt last preceding form of warrant.] 
 
 Forms of Returns. 
 
 1. Form of Return to Writ of Levari Facias against Inhabitants, Sfc. 
 
 upon Conviction and Fine. 
 
 By virtue of this writ to me directed I have caused to be levied 
 of the goods and chattels, lands and tenements of the within named 
 inhabitants of the parish of the sum of £ I further 
 
 certify that I have paid the said fine so levied into the hands 
 of of as I am within commanded. 
 
 The answer of Esq. Sheriff. 
 
 2. Form of Return to Writ of Levari Facias on Conviction affirmed. 
 By virtue of this writ to me directed I have caused to be levied 
 
 of the goods and chattels, lands and tenements of the within named 
 of the sum of £ which sum I have ready at the 
 
 place within mentioned as I am within commanded. 
 
 The answer of Esq. Sheriff. 
 
 [or] 
 
 The within named of has no goods or chattels, lands 
 
 or tenements in my bailiwick whereof I can cause to be made 
 £ within mentioned or any part thereof as I am within com- 
 
 manded. 
 
 The answer of Esq. Sheriff. 
 
 3. Form of Return to Second Writ of Levari Facias on Conviction 
 
 affirmed for Residue where Part levied. 
 [Adapt latter forms of return.] 
 
 Fees. 
 See under title "Sheriffs' Fees, &o.," post, p. 505.
 
 218 
 
 RECOVERY OF FINES, PENALTIES, ETC. 
 
 Recovery of 
 sessions fines, 
 &c. governed 
 by 3 Geo. 4, 
 c. 46, and 
 4 Geo. 4, 
 c. 37. 
 
 Copy of roll 
 of fines and 
 writ to be 
 sent to sheriff. 
 
 Appeal upon 
 giving 
 security. 
 Discharge of 
 sheriff, &c. 
 
 Return of 
 writ and in- 
 dorsement of 
 roll. 
 
 Sheriff's 
 penalty for 
 non-perform- 
 ance or 
 negligence. 
 
 Sheriff to de- 
 tain original 
 writs. 
 
 Issue of 
 warrant by 
 one sheriff to 
 another. 
 
 II. Sessions and Assize Fines, Estreats, &c. 
 
 The recovery of quarter sessions fines, &c. is governed by 
 3 Geo. 4, c. 46, " An Act for the more speedy return and 
 levying of fines, penalties, and forfeitures, and recognizances 
 estreated," and by the amending Act of 4 Greo. 4, c. 37. 
 
 By 3 Geo. 4, c. 46, s. 2, statements of fines, &c. are to be 
 certified to the clerk of the peace by the justice by whom such 
 fine, &c. is imposed, and the clerk of the peace is to copy on a 
 roll such fines, &c. at quarter sessions, and send a copy of such 
 roll, with writ of distringas (e) and capias (d), or fieri facias (e) 
 and capias (d) to the sheriff (/) within the time fixed by the 
 Court and not exceeding twenty-one days after the adjournment 
 of the Court. 
 
 By sect. 5, persons may appeal to quarter sessions against 
 fines, &c. upon giving security to the sheriff or his officers. 
 
 By sect. 6, any order made under such appeal to discharge 
 forfeited recognizances, &c. is to be a sufficient discharge to the 
 sheriff or his officers on the passing of his accounts ; and see on 
 this Hayncs v. Hat/ton, 7 B. & C. 293 ; Ex parte Fellow, M'Cle. 
 Ill ; Rex v. Hankins, M'Cle. & Y. 27, as stated per curiam in 
 R. v. West Riding J J., In re Dr. Thornton, 7 A. & E. 590. 
 
 By sect. 8, the sheriff is to return the writ to quarter sessions, 
 and indorse on the roll what has been done in the execution of 
 the process, which return, &c. shall be forwarded by the clerk of 
 the peace to the Treasury. 
 
 By sect. 10, the clerk of the peace and other officers shall be 
 entitled to their usual and legal fees on the discharge of any 
 forfeited recognizance, and the sheriff is made liable to a penalty 
 of 50/. recoverable as therein mentioned for non-performance or 
 negligent performance of his above duties. 
 
 By 4 Geo. 4, c. 37, the sheriff is to detain the original writs 
 in his possession, which shall continue in force and be his autho- 
 rity to act upon. 
 
 By sect. 3, where a person, subject to fines, &c. resides in 
 another county, or has removed, the sheriff may issue his 
 warrant to the sheriff acting for the place where the defaulter 
 
 206. 
 
 (c) See under title " Writ of Distringas,'''' ante, \>. 
 (il) See under title "Arrest," ante, p. 154. 
 (<■) Sue under title "Writ of Fieri facias" ante, p. 51. 
 (/) The form in the Schedule to 22 & 23 Vict. c. 21, is substituted 
 for that in Schedule A. to above Act, see post, p. 222.
 
 SESSIONS AND ASSIZE FINES, ESTREATS, ETC. 219 
 
 resides, or where Lis goods are found, requiring him to execute 
 the writ. 
 
 By sect. 5, clerks of the peace are to send to the Treasury Copy of rolls 
 within twenty days from the opening of the quarter sessions a Treasury. 
 copy of the rolls delivered by the sheriff ((/). 
 
 The contents of the roll is continued quarterly at the quarter Warrants to 
 sessions, and the sheriff re-issues his warrants to his officers for f or g neg &c _ 
 the recovery of the fines, &c. which have not been duly levied not duly 
 
 levied «5cc. 
 
 or recovered or properly accounted for or have not been dis- 
 charged on appeal, and until the Commissioners of the Treasury 
 direct a discontinuance in default of goods whereon to levy or 
 the lodging in gaol of the defaulter. 
 
 The sheriff is not, with respect to the roll of fines sent to him Sheriff not to 
 by the clerk of the peace pursuant to 3 Geo. 4, c. 46, merely already^paid. 
 a ministerial officer — his duty is to levy only such of the fines 
 as have not been paid. Accordingly, the sheriff is not to act 
 on such roll and levy the amount thereof, if he has received the 
 fine himself. Wildes v. Morris, 16 Jur. 1115; 22 L. J. M. C. 
 4 ; and see Beg. v. The Justices of Ely, 25 L. J. M. C. 1 ; 5 
 E. & B. 489. 
 
 It may be mentioned that, in the case of the City of London, Secondary to 
 the secondary must hand over the proceeds of estreats of fines, t^City™ 066 8 
 &c. to the City solicitor as the City bailiff. solicitor. 
 
 Assize process is regulated by 22 & 23 Yict. c. 21, "An Act to Recovery of 
 regulate the office of Queen's Kemembrancer, and to amend the SJ^^med 
 practice and procedure of the Revenue side of the Court of b 7 — & 23 
 Exchequer," the provisions of which Act are, it will be ob- 
 served, similar to the foregoing. By sect. 32 of 22 & 23 Vict, 
 c. 21, clerks of assize are required to estreat " fines, issues, 
 amerciaments, penalties, and recognizances set, lost, imposed, 
 or forfeited " into the Exchequer, and shall copy on a roll such Copy of roll 
 fines, &c, " together with the names and residences, trades, °^ s e , s / t fo' bc 
 professions, or callings of the parties, and distinguish such as sent to sheriff , 
 have been paid, and send a copy of such roll, with a writ, 
 according to the form and effect in the schedule to this Act, to 
 the sheriff, bailiff, or officer of the county, city, borough, or 
 place having execution of process therein in which the parties 
 liable to the payment of such fines, issues, amerciaments, 
 
 (g) Sect. 1 of 4 Geo. 4, c. 37, from "and such sheriff, bailiff, or other 
 officer La hereby authorized and required on quitting hia office" to "duly 
 authorize to pass the same," and sect. 1, are repealed by the Sheriffs 
 
 Act, 1887 (50 & 51 Vict. c. 55).
 
 220 EECOVERY OF FINES, PENALTIES, ETC. 
 
 and to be penalties, and recognizances are stated to be resident, and such 
 kvy or take C0 Py an d writ shall be the authority to such sheriff, bailiff, 
 into custody. or officer f or proceeding to the immediate levying and recover- 
 ing of such fines, issues, amerciaments, penalties, and recog- 
 nizances on the goods and chattels of such parties, or for 
 taking into custody their bodies in case sufficient goods and 
 chattels be not found whereon distress can be made for recovery 
 Persons taken thereof ; and every person so taken shall be lodged in the 
 in common common gaol until payment be made or he be discharged by 
 §' ao1 - the authority of the Commissioners of Her Majesty's Treasury, 
 
 or otherwise in due course of law ; and it shall be competent 
 for such commissioners to give authority under their hands for 
 such discharge, either absolutely or on such terms and con- 
 ditions as they may see fit : provided always, that where the 
 residences of the parties in such roll liable as aforesaid are not all 
 in one county, borough, city, or place, then a copy of so much 
 only of such roll as relates to the fines, issues, amerciaments, 
 penalties, and recognizances to be paid by the parties resident 
 in each county, city, borough, or place shall be sent with such 
 writ as aforesaid to the sheriff, bailiff, or officer having execu- 
 tion of process therein." 
 
 Sect. 33 provides for oath to be made by clerk of assize 
 sending process. 
 Return of J3y se ct. 34, the sheriff "is on such day as the Commissioners 
 
 to Treasury, of Her Majesty's Treasury may from time to time, by warrant 
 under their hands, direct, return such writ to such Commis- 
 sioners, and shall state on the back of the said roll what has 
 been done in the execution of such process." 
 Sheriff to By sect. 35 (a), until the fines, &c. are paid, recovered, or dis- 
 
 unUlfines charged, or it be ascertained to the Treasury's satisfaction, that 
 &c. are levied, the party in default had not any goods or chattels in the county, 
 city, borough, or place in which a levy can be made, and that 
 such party cannot be found or that his body cannot be lodged 
 in any of Her Majesty's gaols, the sheriff is to retain the writ 
 and annexed roll, " delivering to the said Commissioners of Her 
 Majesty's Treasury a copy of such roll on the day on which he 
 is required to return such writ, and also a copy of any former 
 roll or rolls in which the fines, issues, amerciaments, penalties, 
 and recognizances have not been paid or discharged"; and 
 which writ, &c. shall continue in force and be his authority to 
 and to deliver ac t upon ; and (b) the sheriff, on quitting office, is to deliver 
 successor all over to his successor all rolls and writs, particularizing any
 
 SESSIONS AND ASSIZE FINES, ESTREATS, ETC. 221 
 
 unpaid or undischarged fines, &o., that such successor "may use rolls and 
 every means in his power for recovering the sums unpaid and 
 not charged to his predecessors on the passing of his accounts 
 before any person duly authorized to pass the same." 
 
 By sect. 3G, where the party incurring or subject to the pay- When sheriff 
 ment of any fine, &c. resides or has fled or removed from or out warrant to 
 of the sheriff's jurisdiction, the sheriff shall issue his wan-ant, f^"^ of 
 together with a copy of the writ, directed " to the sheriff, bailiff, county. 
 or other officer acting for the county, city, borough, or place in 
 which such person then resides or is, or in which his goods or 
 chattels may be found, requiring such sheriff, bailiff, or other 
 officer to execute such writ, and every such last-mentioned 
 sheriff, bailiff, or other officer is hereby authorized and required 
 to act in all respects under such warrant in the same manner as 
 if the original writ had been delivered to him, and the said 
 sheriff, bailiff, or other officer is hereby required within thirty 
 days after the receipt of such warrant to return to the sheriff, 
 bailiff, or other officer from whom he received the same what he 
 has done in the execution of such process, and in case a levy has 
 been made, to pay over all moneys received in pursuance of the 
 warrant to the sheriff, bailiff, or other officer from whom he 
 received the same." 
 
 By sect. 37, " every sheriff, bailiff, or other officer as aforesaid Penalty on 
 neglecting to do or perform any duty by this Act required shall ne t? e ct. 01 
 forfeit and pay such sum as in sect. 10 of the said Act, 3 Geo. 4, 
 c. 46, is provided for such neglect as therein mentioned, and to 
 be recovered in like manner." 
 
 By 3 & 4 "Will. 4, c. 99, s. 32, process is to be issued by the Process issued 
 Remembrancer of the Court of Exchequer every term or oftener Remem- Y 
 to sheriffs to levy all other fines, penalties and forfeited recog:- 1,raucer . 
 
 ° of Court of 
 
 nizances, estreated to the Crown. Exchequer. 
 
 Fines imposed by a coroner and forfeited recognizances at a Recovery of 
 coroner's court are imposed, estreated and recovered in like f nes im P osed 
 
 1 D 7 coroner. 
 
 manner as fines, &c, at quarter sessions. (50 & 51 Vict. c. 71, 
 s. 19.) 
 
 Execution. 
 
 This process is, with due regard to the foregoing directions, 
 executed in a more or less similar manner to " 7-7. fa." and 
 "Arrest," and the forms of return in such proceedings may 
 accordingly be generally adapted.
 
 222 RECOVERY OF FINES, PENALTIES, ETC. 
 
 Form of Writ. 
 (Form in Schedule to 22 Sf 23 Vict. c. 21.) 
 
 Victoeia, by the Grace of God of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith : 
 
 To the Sheriff or Bailiff or officer [as the case may be"] for the 
 county of [or city, borough, or place, as the case may be] 
 
 greeting. 
 
 You are hereby required and commanded, as you regard yourself 
 and all yours. That you omit not, by reason of any liberty in your 
 county, [or city, borough, or place, as the case may be'], but that you 
 enter the same, and of all the goods and chattels of all and singidar 
 the persons in the roll to this writ annexed, you cause to be levied 
 all and singular the debts and sums of money upon them in the 
 same roll severally charged, so that the money may be ready for 
 payment at the [time of the return of the wrif\, to be paid over in 
 such manner as the Commissioners of Her Majesty's Treasury may 
 direct ; and if any of the several debts cannot be levied, by reason 
 of no goods or chattels being to be found belonging to the parties, 
 then in all cases that you take the bodies of the parties refusing to 
 pay the aforesaid debts, and lodge them in the gaol (of the county, 
 city, &c), there to remain until they pay the same, or be dis- 
 charged by the authority of the said commissioners or otherwise in 
 due course of law. 
 
 Dated the day of in the year of our reign. 
 
 [Signature] 
 
 Clerk of Assize or Clerk of the Crown 
 [as the case may be]. 
 
 Forms of Warrants. 
 1. Warrant (Levy of Debts, Sfc). 
 
 ) Esquire, Sheriff of the said county to and 
 
 to wit. j my bailiffs, greeting : By virtue of a writ of Our 
 
 Sovereign Lady the Queen to me directed and delivered bearing 
 date the day of in the year of Our Lord one thousand 
 
 eight hundred and ninety I command you and each of you 
 
 jointly and severally that of the goods and chattels of of 
 
 in my bailiwick you cause to be levied the sum of £ 
 specified in the roll annexed to the said writ so that I may have 
 that money ready for payment over in such manner as the Com- 
 missioners of Her Majesty's Treasury may direct, as within I am 
 commanded. And in what manner you shall have executed this 
 warrant certify to me immediately after the execution hereof. 
 Given under the seal of my office this day of 189 . 
 
 By the Sheriff 
 
 (Seal of office.) 
 
 2. Warrant (Arrest of Debtor). 
 
 "k Esquire, Sheriff of the said county, to the keeper 
 
 to wit. /of the gaol of the said county and also to and
 
 SESSIONS AND ASSIZE FINES, ESTREATS, ETC. 223 
 
 my bailiffs greeting : By virtue of a writ of Our Sovereign Lady 
 the Queen to me directed and delivered bearing date the day 
 
 of in the year of Our Lord one thousand eight hundred and 
 
 ninety I command you and every of you jointly and severally 
 
 that you omit not, &c. but take of wheresoever he may 
 
 be found in my bailiwick and him safely lodge and keep in the 
 gaol of to satisfy the sum of £ specified in the roll 
 
 annexed to the said writ, as within I am commanded. And in 
 what manner you shall have executed this warrant certify to me 
 immediately after the execution hereof. 
 
 Given under the seal of my office this day of 189 . 
 
 By the Sheriff 
 
 {Seal of office.) 
 
 Fees. 
 See under title " Sheriffs' Fees, &c," post, p. 505. 
 
 III. Customs and Excise Penalties. 
 
 As to penalties (Customs), see 39 & 40 Yict. c. 36, ss. 247 — 
 254, and 46 & 47 Vict. c. 55, s. 19; and for penalties (Excise), 
 see 7 & 8 Geo. 4, c. 53, ss. 95 and 96 ; and generally, see under 
 title "Arrest," ante, p. 154.
 
 224 
 
 Chapter XVI. 
 
 WRIT OF SCIRE FACIAS. 
 
 PAGE 
 
 Introductory --------- 224 
 
 Execution of Writ 225 
 
 Fees - 225 
 
 Introductory. 
 
 This is a judicial writ in aid of a record, or, in other words, for 
 the enforcement of a judgment. It has, moreover, been held to 
 be in many cases an action. Winter v. Kretchman, 2 T. R. 46. 
 It formerly also lay for the repeal of letters patent. 
 
 Whilst there have been actions of scire facias at common law 
 since the Judicature Acts (Portal v. Emmens, 1 0. P. D. 201 ; 
 and Kipling v. Todd, 3 C. P. D. 350), scire facias seems to be 
 now a more or less obsolete, and certainly somewhat rare process. 
 Moreover, its application for the repeal of letters patent is abo- 
 lished by 46 & 47 Yict. c. 57, s. 26. It will also be observed that 
 no allusion is made to scire facias in the Judicature Acts or the 
 Rules of the Supreme Court, whilst by such rules " all actions 
 previously .... commenced by writ .... shall 
 be instituted in the High Court of Justice by a proceeding to be 
 called an action " (Ord. I. r. 1), and " every action in the High 
 Court shall be commenced by a writ of summons, which shall 
 {inter alia) be indorsed with a statement of the nature of the 
 claim made, or of the relief or remedy required in the action " 
 (Ord. II. r. 1) ; and further, that a fresh procedure is provided 
 by the Rules of the Supreme Court for the various cases men- 
 tioned in the Common Law Procedure Act, 1852, s. 132, in 
 relation to scire facias (a), save only the cases of "bail on a 
 
 (a) Viz., against bail on a "recognizance ad audiendum errores;" 
 against members of a joint-stock company or other body upon a judg- 
 ment recorded against a public officer or other person, sued as repre- 
 senting such company or body, or against such company or body itself ; 
 by or against a husband to have execution of a judgment for or against a 
 ■wife ; for restitution after a reversal in error ; upon a suggestion of 
 further breaches after j udgment for any penal sum pursuant to 8 & 9 
 Win. .'3, c. 1 1 ; or for the recovery of land taken under an elegit.
 
 INTRODUCTORY. 225 
 
 recognizance," " restitution after a reversal in error," and " upon 
 a suggestion of further breaches after judgment for any penal 
 sum pursuant to 8 & 9 Win. III. c. 11." 
 
 Again, with regard to its application on the Crown side, by 
 C. 0. R., 1886, r. 127, "no proceedings shall be taken in the 
 Crown Office by scire facias upon recognizance." 
 
 And as to .scire facias, see under titles " Writ of Extent," ante, 
 p. 136, and " Execution against Companies," post, p. 243. 
 
 For the above reasons it is deemed unnecessary to go more 
 fully into this branch. Moreover, any further information 
 desired on this subject will be found in Chit. Arch. Practice 
 and Short & Mellor's Crown Office Practice. 
 
 Execution of Writ. 
 
 See under " Execution of Writs " generally. 
 
 " The duty of the sheriff in a writ of scire facias is to indorse 
 on it the day of the month on which it was left with him, and, 
 if he knows the defendant can be served, to issue his warrant 
 thereon to two or more bailiffs to warn the defendant ; the 
 bailiffs make an indorsement on this warrant either that they 
 have or have not served the process, and return it to the sheriff ; 
 conformably thereto, the sheriff returns either 'nihil' or ' scire 
 feci'" 2nd ed. Watson on Sheriffs, p. 453. 
 
 Fees. 
 See under title " Sheriffs' Fees, &c," post, p. 505. 
 
 M.
 
 226 
 
 Chapter XVII. 
 
 OUTLAWRY. 
 
 Introductory - 
 
 Execution - 
 
 Returns - 
 
 Forms of Returns and Inquisition 
 
 Fees 
 
 PAGE 
 
 - 226 
 
 - 227 
 
 - 229 
 
 - 229 
 
 - 231 
 
 Abolished in 
 civil pro- 
 ceedings : 
 
 Imt not in 
 criminal pro- 
 ceedings. 
 
 Forms of 
 outlawry 
 process. 
 
 Introductory. 
 
 Outlawry is the process of putting a man outside the protection 
 of the law for his contempt in wilfully avoiding the execution of 
 the process of the Queen's Court, and is resorted to when the 
 ordinary process of the law has failed to effect his apprehension. 
 A person outlawed is civiliter mortuus. All his property is 
 forfeited to the Crown and he is incapable of bringing any 
 action for redress of injuries. However, by the Civil Procedure 
 Acts Repeal Act, 1879 (42 & 43 Vict. c. 59), s. 3, "After the 
 passing of this Act no person shall be outlawed or waived in or 
 in consequence of any civil proceedings, and no proceedings to 
 outlawry or waiver in consequence of any civil proceedings shall 
 be taken at the instance of the Crown or otherwise." But in 
 criminal cases, process of outlawry, although practically obsolete, 
 has not, however, as yet been abolished (see Report of Criminal 
 Code Commissioners, p. 36), and it lies upon all indictments for 
 treason, felony or misdemeanour. It also lies upon criminal 
 informations filed in the Queen's Bench Division. Rex v. Wilkes, 
 4 Burr. 2555. 
 
 For the Crown Office Rules relating to outlawry, see C. 0. R., 
 1886, rr. 99—121, under title " General Practice," ante, p. 34, 
 and see Forms of Outlawry Process, Forms Nos. 52, 66, 57, 58, 
 60, 59, 61, 62, 63, 64, 144 and 65 in Appendix to Crown Office 
 Rules, 1886, and in the above order. In view of the abolition
 
 EXECUTION. 227 
 
 of outlawry proceedings in civil process and of their rarity of 
 late years in criminal cases, it is deemed preferable to avoid 
 unnecessarily lengthening this work by setting out these forms. 
 
 Execution. 
 
 Supplementing the information given by the Crown Office 
 Rules relating to outlawry, as set out at p. 34, ante, and the 
 above-mentioned forms of outlawry process, the following 
 extract from Watson on Sheriffs, p. 222 et seq. as to the mode 
 of execution of the writ of exigent will be of service : — " The Writ of 
 mode in which the sheriff should execute the writ of exigent is 
 by calling upon the defendant, at each county court after the 
 receipt of the writ, to appear ; and the sheriff must not omit any 
 county court, for if a county court intervene between any of 
 the exactions without the defendant being demanded there, it 
 is error. In criminal proceedings, where the defendant is not 
 bailable, as in treason or felony, it is clear that the sheriff should 
 keep the defendant in custody ; but before judgment, if the 
 defendant appear upon the exigent, issued on an indictment for 
 a misdemeanour it is apprehended that the sheriff might take a 
 recognizance for his appearance ; but after judgment it is clear 
 that he could not, but that he should keep him in safe custody. 
 After being five times demanded, if proclamations have been 
 duly made, the defendant is declared to be outlawed by the 
 coroner of the coimty in the county court." A judgment of Outlawry, 
 outlawry is not complete unless it has been entered on the rolls, piete! C< 
 and it is not sufficient to state simply that the writ of exigent 
 was duly returned by the sheriff. Att.-Gcn. v. Richards, 14 
 L. J. Ch. 363. " Great particularity is required in the return 
 to the exigent for, as the consequences of outlawry are considered 
 so penal, any irregularity will be fatal." 
 
 The following is a form of the sheriff's warrant to his bailiff "Warrant to 
 on exigent, authorizing him to make proclamations according to exigent, 
 the exigency of the writ : — 
 
 Warrant to Bailiffs on Exigent. 
 
 \ sheriff of the county aforesaid, to and 
 
 to wit. J my bailiffs, greeting : By virtue of a writ of our Sovereign 
 Lady the Queen to me directed, I command you that you or one of 
 you demand from County Court to County Court, until, 
 
 q2
 
 228 
 
 OUTLAWRY. 
 
 according to the law and custom of England, he be outlawed if he 
 do not appear, and if he do appear, then that you take and safely 
 keep him so that I may have his body before the Queen on 
 
 the day of next, wheresoever &c, to answer in an 
 
 action . And how you shall have executed this my warrant 
 
 make known to me. 
 
 Hereof fail not. Given under the seal of my office this 
 day of in the year of our Lord one thousand eight hundred 
 
 and 
 
 Warrant to 
 bailiff on 
 capias utla- 
 gattim. 
 
 The following is a form of the sheriff's warrant directed to 
 his bailiff on a capias utlagatum : — 
 
 Warrant to Bailiff on Capias Utlagatum. 
 
 County of B. ) esq., sheriff of the county aforesaid, to 
 
 to wit. | and my bailiffs, greeting : By virtue of Her 
 
 Majesty's writ of capias utlagatum to me directed and delivered, I 
 do hereby command you and each of you jointly and severally that 
 you take C. D. wheresoever he may be found in my bailiwick and 
 him safely keep, so that I may have his body before our Lady the 
 Queen [_or before the justices of our Lady the Queen] at on 
 
 the day of a.d. 18 , as in the said writ I am commanded. 
 
 And in what manner you shall have executed this warrant certify to 
 me immediately after the execution thereof. Given under the seal 
 of my office this day of a.d. 18 
 
 Sheriff. 
 
 In executing 
 capias utla- 
 gatum outer 
 doors may 
 be broken. 
 
 Execution 
 
 within 
 
 liberty. 
 
 Inquisition on 
 special capias 
 utlagatum. 
 
 Charging and 
 
 swearing 
 
 jury. 
 
 After demand and refusal, outer doors may be broken open 
 by the officer in executing a capias utlagatum in order to take 
 the defendant or his goods. Rex v. Bird, 2 Show. 87. As the 
 writ is non-omittas the sheriff may execute it within a liberty 
 without sending his mandate to the bailiff of the liberty. 
 2nd ed. Watson, p. 228. 
 
 If the defendant is not taken on a special capias utlagatum, the 
 sheriff must impanel a jury whose duty it is to inquire of and 
 value the goods and chattels, lands and tenements of the defen- 
 dant, and it seems that the sheriff should still hold the inquisi- 
 tion even though the outlaw dies after the teste of the special 
 capias utlagatum. 
 
 In connection with the writ of capias utlagatum special cum 
 breve cle inquirendo, the jury are charged and sworn in the 
 following forms : — 
 
 Charge to Jury. 
 
 Your charge is to inquire what goods and chattels, lands and 
 tenements, C. D. of hath in my bailiwick, and also to inquire 
 
 and say what is tho true value thereof.
 
 RETURNS. 229 
 
 Juror's Oath. 
 
 You shall well and truly try what goods and chattels, lands and 
 tenements, C. D. of has and the value thereof, and a true 
 
 verdict give according to the evidence. So help you God. 
 
 Returns. 
 
 To the writ of venire facias the sheriff will return cepi corpus Return to 
 if he has taken the defendant, and either has him in custody or 
 has released him on hail ; but if he cannot execute the writ, he 
 will return either that he has summoned the defendant and he 
 has not appeared, or that the defendant has no goods in his 
 bailiwick whereby he can be summoned or distrained. If the 
 sheriff return that the defendant has been summoned and has 
 not appeared, the prosecutor may issue a distringas to answer, 
 and if the sheriff return that the defendant has no goods whereby 
 he can be summoned, a capias ad respondendum may be issued 
 on the fourth day after the return. C. 0. R. 18S6, Eule 100. 
 
 For the various returns to be made, the reader is referred to Returns 
 the Crown Office Rules relating to outlawry, ante, p. 34, whilst s 
 as to the writ of capias ad satisfaciendum, one or other of the 
 applicable return forms under " Arrest," ante, p. 201, should be 
 adopted ; and as to forms of return, see also the form of roll of 
 proceedings in outlawry in Short & Mellor's Pract. of the C. 0., 
 App. E., No. CCXLI. 
 
 On a special capias utlagatum, if either the goods or the profits Return of 
 of lands have been found by the inquisition, the sheriff should ^^JcMcapias 
 return the inquisition ; but if the jury find that the defendant «*%«<«»». 
 has no goods, &c, the inquisition should not be returned, but 
 the sheriff should return that the defendant has no goods, &c, 
 in his bailiwick. 
 
 Forms of Returns and Inquisition. 
 
 The following forms of returns and inquisition from Watson 
 on Sheriffs will be of service : — 
 
 1. Return to the Exigent, Quinto Exactus, and Outlawed. 
 
 By virtue of this writ to me directed, at my county court at A., 
 in and for the county of N., on , the day of , in 
 
 the year of the reign of our Sovereign Lady Queen Victoria, 
 
 the within-named O. I), was a first time demanded, and did not 
 appear : And at my county court, held at A. aforesaid, in and for
 
 230 OUTLAWKY. 
 
 the said county of N., on , the day of , in the year 
 
 aforesaid, the said C. D. was a second time demanded, and did not 
 appear : And at my county court held at A. aforesaid, in and for 
 the said county of N., on the day of , in the year 
 
 aforesaid, the said C. D. was a third time demanded, and did not 
 appear : And at my county court, held at A. aforesaid, in and for 
 the said county of N ., on the day of , in the year 
 
 aforesaid, the said C. D. was a fourth time demanded, and did not 
 appear : And at my county court held at A. aforesaid, in and for 
 the said county of N., on the day of , in the year 
 
 aforesaid, the said C. D. was a fifth time demanded, and did not 
 appear. Therefore by the judgment of X. Y. coroner of our 
 Sovereign Lady the Queen for the said county of the said 
 
 C. D. according to the law and custom of England is outlawed [or, 
 if a ivoman, " waived "]. 
 
 The answer of A. B. esquire, sheriff. 
 
 2. Return to Exigent, where there are not five County Courts. 
 
 By virtue of this writ to me directed, at my county court, held at 
 A., in and for the county of N., on the day of , in the 
 
 year of the reign of our Sovereign Lady Queen Victoria, the 
 within-named C. D. was a first time demanded. 
 
 Answer A. B., esquire, sheriff. 
 
 3. Where the Sheriff goes out of Office, and the neiv Sheriff exacts the 
 
 Defendant. 
 
 \_In addition to the last Precedent.] 
 
 This writ, as above indorsed, was delivered to me, the under- 
 named present sheriff, by the above-named late sheriff, at his going 
 out of office. At my county court, held at A. \_as above']. 
 
 4. Where the Defendant appears. 
 
 By virtue of this writ to me directed, at my county court, held at 
 A., in and for the said county of N., on the day of , in 
 
 the year of the reign of our Sovereign Lady Queen Victoria, 
 
 the within-named C. D. was a first time demanded, and then and 
 there appeared, and then rendered himself into my custody ; whose 
 body I have ready, before our Lady the Queen, at the day and place 
 within- mentioned, as within I am commanded. 
 
 The answer of A. B., esquire, sheriff. 
 
 5. Return to the Writ of Proclamations. 
 
 By virtue of this writ to me directed, I have caused the within- 
 named C. I), to be proclaimed at my county court, held at A., within 
 my bailiwick, the day of , in the year within mentioned : 
 
 I also caused him to be proclaimed at the general quarter sessions 
 of the peace, held at M., within my bailiwick, the day of , 
 
 in the same year : And I likewise caused him to be proclaimed at 
 the usual door of the parish church of H., within my bailiwick (in 
 which said parish the said C. D. lived), on Sunday, the day
 
 FORMS OF RETURNS AM) INQUISITION. 
 
 of , in the same year ; that he may render himself unto me 
 
 [or, if a foreign proclamation, " to the sheriff of , so that 
 
 they,"] so that I may have his body before Her Majesty's justices 
 at Westminster, at the time within mentioned, to answer the within- 
 named J. W., of the plea within mentioned. 
 
 The answer of A. B., esquire, sheriff. 
 
 6. Return to special Capias Utlayatum. 
 
 The execution of this writ appears in a certain schedule hereunto 
 annexed. 
 
 The answer of A. B., esquire, sheriff. 
 
 7. Inquisition («). 
 
 N. {to wit.) An inquisition indented, taken at A., in the county 
 of N., the day of , in the year of the reign of Our 
 
 Sovereign Lady Queen Victoria, before me, A.B., esq., sheriff of the 
 said county of N., by virtue of Her said Majesty's writ to me directed 
 in this behalf, and to this inquisition annexed, by the oath of \_here 
 name the jurors who were upon the inquest] twelve honest and lawful 
 men of the county aforesaid, who say iq)on their oath, that CD. 
 named in the writ hereunto annexed, on the day of last 
 
 past (on which day he was outlawed, as in the said writ is men- 
 tioned.), was possessed of the goods and chattels following : that is 
 to say, \here describe the goods] of the value of £ , of his own 
 
 proper goods and chattels ; [or, if he had no yoods say "had no goods 
 nor chattels in my bailiwick to the knowledge of the said jurors"] : 
 and the jurors aforesaid, upon their oath aforesaid, do further say, 
 that the said CD., on last past (on which day he was out- 
 
 lawed as aforesaid) was seized in his demesne as of fee of and 
 in , with the appurtenances, now in the tenure and occupa- 
 
 tion of P.M., the same being of the yearly value of £ , in all 
 
 issues beyond reprize ; all and singular which said goods and 
 chattels, lands and tenements, I the said sheriff, by virtue of the 
 said writ, on the day of the taking of this inquisition, have taken and 
 caused to be seized into the hands of our said Lady the Queen as by 
 the said writ I am commanded. And the jurors aforesaid, upon 
 their oath aforesaid, do further say, that the said CD., on 
 last past (on which day he was outlawed as aforesaid), or at any 
 time afterwards, had not, nor hath he any other or more [goods or 
 chattels, lands or tenements] in my bailiwick, to the knowledge of 
 the said jurors. In witness whereof, as well as I the said sheriff, 
 as the jurors aforesaid, have set our respective seals. 
 
 {Seal of office.) { Twelve seals.) 
 
 2.'U 
 
 Fees. 
 See under title " Sheriffs' Fees, &c," post, p. 505. 
 
 (a) In connection with special capiat utlagatum.
 
 232 
 
 Chapter XVIII. 
 
 WRIT OF RESTITUTION. 
 
 PAGE 
 
 Introductory --------- 232 
 
 Form of Writ 232 
 
 Execution of Writ - 233 
 
 Fees 233 
 
 Introductory. 
 
 This writ lies on reversal or setting aside of judgment for 
 restoration to a party of the property he has lost by the judg- 
 ment, and where such is impracticable in the ordinary course of 
 law. It may also be awarded on indictments for forcible 
 entries into and detainer of premises (a). 
 
 Form of Writ. 
 Writ of Restitution (Form No. 148, C. 0. E. 1886). 
 
 Victoria, by the Grace of God, &c, to the Sheriff of 
 greeting : Whereas some time ago, that is to say, on \_coj>y the caption 
 of the indictment and the indictment] which said indictment We did 
 afterwards, for certain reasons, cause to be brought before Us in 
 the Queen's Bench Division of Our High Court of Justice, to be 
 determined according to the law and custom of England. And 
 whereas such proceedings were afterwards had in Our said Court 
 before Us upon the said indictment, that the said by a jury 
 
 of the county taken between Us and the said stands convicted 
 
 of the premises in the indictment above specified and charged upon 
 him, in manner and form as in and by the said indictment is within 
 alleged against him, as in Our said Court before Us it appears upon 
 
 (a) For further information hereon, see 14th ed. Chit. Arch., pp. 834, 
 993, and 1229, and Short & Mellor's Practice of the Crown Office, pp. 447— 
 449. See also under title "Scire Facias," ante, p. 224, in relation to 
 restitution after a reversal in error.
 
 FORM OF WRIT. 233 
 
 record We therefore, being willing that due and speedy justice 
 should he done in the premises, do command you that you cause to 
 he rcseised and restored to the said the aforesaid messuage, 
 
 with the appurtenances situate in the parish of , in the said 
 
 indictment specified. And that you do without delay cause the 
 said to he put into full possession thereof. And how you 
 
 shall have executed this Our writ make known to Us in Our said 
 Court immediately after the execution thereof. And have then 
 there this writ. 
 "Witness, &c. 
 
 Execution of Writ. 
 
 The particular form of this writ and the foregoing definition 
 of the object and application of this process generally indicate 
 the mode of its execution. See also in this respect the some- 
 what similar process of Writ of Possession, the forms in which 
 latter process may accordingly be adapted with the necessary 
 alterations. 
 
 Fees. 
 See under title "Sheriffs' Fees," &c, post, p. 505.
 
 234 
 
 Chapter XIX. 
 
 EXECUTION AGAINST COMPANIES. 
 
 PAGE 
 
 Preliminary --------- 234 
 
 Effect of Registration of Companies ----- 235 
 
 What may be Sequestered and Taken in Execution - - 235 
 
 Statutory Provisions for Protection of Creditors - - - 237 
 
 Adverse Claims -------- 237 
 
 Stay of Proceedings under Winding-up of Companies - - 238 
 
 Execution against Shareholders ------ 242 
 
 Acts relating 
 to companies. 
 
 Railway and 
 
 similar 
 
 companies. 
 
 Preliminary. 
 
 The Acts relating to companies are the Companies Act, 1862 
 (25 & 26 Vict. c. 89), the Companies Act, 1867 (30 & 31 Vict. 
 c. 131), the Companies Act, 1870 (33 & 34 Vict. c. 104), the 
 Companies Act, 1877 (40 & 41 Vict. c. 26), the Companies Act, 
 1879 (42 & 43 Vict. c. 76), the Companies Act, 1880 (43 Vict. 
 c. 19), the Companies (Memorandum of Association) Act, 1890 
 (53 & 54 Vict. c. 62), the Companies Winding-up Act, 1890 
 (53 & 54 Vict. c. 63), and the Directors' Liability Act, 1890 
 (53 & 54 Vict. c. 64). See also the Companies Clauses Consoli- 
 dation Acts, 1845, 1888, and 1889 (8 & 9 Vict. c. 16; 51 & 52 
 Vict. c. 48, and 52 & 53 Vict. c. 37), and the Rules and Orders 
 for the time being in force under all these above Acts. 
 
 Railway and similar companies are chiefly governed by the 
 Companies Clauses Consolidation Acts, 1845, 1888, and 1889, 
 and the Companies Clauses Act, 1863 (26 & 27 Vict. c. 118) ; 
 and see as to railway companies, the Railway Companies Act, 
 1867 (30 & 31 Vict. c. 127), the Railway and Canal Traffic Act, 
 1888 (51 & 52 Vict. c. 25), the Railway and Canal Traffic 
 (Provisional Orders) Amendment Act, 1891 (54 Vict. c. 12) ; 
 and see also the Rules and Orders for the time being in force 
 under all these Acts.
 
 PRELIMINARY. 235 
 
 As to banking and other companies entitled to sue and be Banking and 
 sued by a public officer, see 7 Geo. 4, c. 46, as partially repealed n i e s entitled" 
 by the Statute Law Revision Act, 1890 ; 1 & 2 Vict, c. 96, as to JJJ and b ? 
 partially repealed by the Statute Law Revision Act, 1874 (No. officer. 
 2), and Statute Law Revision Act (No. 2), 1890; 7 & 8 Vict. 
 c. 32 ; 7 & 8 Vict. c. 113, s. 47 ; and 27 & 28 Vict. c. 32 ; as 
 also Rules of Supreme Court, 1883, Ord. XLII. r. 23. 
 
 As to companies established by letters patent, see 7 "Will. 4 Companies 
 & 1 Vict. c. 73, as partially repealed by the Statute Law Revision letters patent 
 Act, 1874, the Statute Law Revision Act (No. 2), 1888, and 
 the Statute Law Revision Act (No. 2), 1890. 
 
 Effect of Registration of Companies. 
 
 Registration under the Companies Act, 1862 (Part VII.), does Not to affect 
 not affect obligations incurred previously to registration. Com- ? ^^^ na 
 panies Act, 1862, s. 194. And by sect. 195 of that Act, pro- previously, 
 vision is made for the continuation of all such actions, suits, and Continuation 
 other legal proceedings as may at the time of the registration of actions. 
 any company registered in pursuance of such part (Part VII.) 
 of the 1862 Act, have been commenced by or against such 
 company, or the public officer or any member thereof, " in the 
 same manner as if such registration had not taken place ; never- Execution 
 theless, execution shall not issue against the effects of any indi- aeainsteffecta 
 vidual member of such company upon any judgment, decree, or " f individual 
 order obtained in any action, suit, or proceeding so commenced 
 as aforesaid ; but in the event of the property and effects of the 
 company being insufficient to satisfy such judgment, decree, or 
 order, an order may be obtained for winding up the oompany." 
 
 What may be Sequestered and Taken in Execution. 
 
 The property of a company may be sequestered for contempt Property may 
 or disobedience to a judgment or order, and the directors and and'directors 1 
 other officers may be attached and their property sequestered attached. 
 (Ord. XLII. r. 31) ; but the company cannot be attached for 
 contempt.
 
 236 
 
 EXECUTION AGAINST COMPANIES. 
 
 Assets and 
 effects may- 
 be taken in 
 execution. 
 
 Exception as 
 to railway- 
 rolling - stock 
 and plant. 
 
 Appointment 
 of receiver. 
 
 Execution is issued against companies under the Companies 
 Acts, 1862 to 1890, and their assets and effects are taken in the 
 usual way, but the uncalled-up capital can only he reached by- 
 means of a winding-up. 
 
 "With regard, however, to railway companies, the following 
 provision is made for the protection from execution of railway 
 rolling stock and plant by the Eailway Companies Act, 1867 
 (30 & 31 Vict. c. 127), s. 4, viz. : "The engines, tenders, car- 
 riages, trucks, machinery, tools, fittings, materials, and effects, 
 constituting the rolling stock and plant used or provided by a 
 company for the purpose of the traffic on their railway, or of 
 their stations or workshops, shall not, after their railway or any 
 part thereof is open for public traffic, be liable to be taken in 
 execution at law or in equity at any time after the passing of 
 this Act, and before the 1st day of September, 1868, where the 
 judgment on which execution issues is recovered in an action on 
 a contract entered into after the passing of this Act, or in an 
 action not on a contract commenced after the passing of this 
 Act." The judgment creditor may, however, obtain the ap- 
 pointment of a receiver in manner therein mentioned. lb. 
 And by sect. 3, " The term ' company ' means a railway com- 
 pany ; that is to say, a company constituted by Act of Parlia- 
 ment, or by certificate under Act of Parliament, for the purpose 
 of constructing, maintaining, or working a railway (either alone 
 or in conjunction with any other purpose)." Provision is, 
 moreover, made by sect. 5 of the same Act for the determination 
 of questions respecting executions against a railway company's 
 property. By Midland Waggon Co. v. Potteries, Shrewsbury and 
 North Wales Bail. Co., 6 Q. B. D. 36 ; 50 L. J. Q. B. 6, such 
 statutory protection from seizure under execution of a railway 
 company's rolling stock and plant was held to extend to that of 
 a company whose railway is closed for traffic and may never be 
 re-opened. And see Great Northern Rail. Co. v. Tahourdin, 13 
 U. B. D. 320 ; 53 L. J. Q. B. 69 ; In re Manchester and Milford 
 Rail. Co., 14 Ch. D. 645 ; 49 L. J. Ch. 365 ; and In re Bir- 
 mingham and Litchfield Rail. Co., 18 Ch. D. 155 ; 50 L. J. Ch. 
 594 ; and as to plant for formation of railway, see Beeston v. 
 Marriott, 4 Giff. 436 ; 9 Jur. N. S. 960 ; 8 L. T. 690.
 
 STATUTORY PROVISIONS FOR PROTECTION OF CREDITORS. 237 
 
 Statutory Provisions for Protection of Creditors. 
 
 There are certain statutory provisions for protection of 
 creditors in the case of limited companies under the Companies 
 Act, 1862, Part III., sects. 39 to 61 inclusive, and Part II., 
 sects. 25, 26, 27, 32 and 33, of which provisions that of sect. 43 
 relating to the register of mortgages and charges specifically 
 affecting the property of limited companies is essentially applic- 
 able to a work of this description. By that section (43), " Every Limited corn- 
 limited company under this Act shall keep a register of all pa ^ y j£ k f ep 
 mortgages and charges specifically affecting the property of the mortgages 
 company, and shall enter in such register in respect of each an ° drges 
 mortgage or charge, a short description of the property mort- 
 gaged or charged, the amount of charge created, and the names 
 of the mortgagees or persons entitled to such charge ; if any Penalty for 
 property of the company is mortgaged or charged without such not ,f^ t ^ rmg 
 entry as aforesaid being made, every director, manager, or other &c. 
 officer of the company, who knowingly and wilfully authorizes 
 or permits the omission of such entry, shall incur a penalty not 
 exceeding fifty pounds ; the register of mortgages required by Register may 
 this section shall be open to inspection by any creditor or v e ms P? cted 
 member of the company at all reasonable times ; and if such &c. 
 inspection is refused, any officer of the company refusing the Penalt 7 on 
 
 i t i i c,i , refusing 
 
 same, and every director and manager of the company autho- inspection. 
 rizing or knowingly and wilfully permitting such refusal, shall 
 incur a penalty not exceeding five pounds, and a further penalty 
 not exceeding two pounds for every day during which such 
 refusal continues; and in addition to the above penalty, as 
 respects companies registered in England and Ireland, any 
 judge sitting in chambers, or the Vice- Warden of the Stannaries 
 in the case of companies subject to its jurisdiction, may by order 
 compel an immediate inspection of the register." As to the 
 operation of this section, see Re General Horticultural Co., Ltd.. 
 Whitehotise's Claim {No. 2), 53 L. T. 699 ; Wright v. Horton, 12 
 App. Cas. 371 ; 56 L. J. Ch. 873 ; and In re Underbank Milk 
 Cotton Spinning and Manufacturing Co., 31 Ch. D. 226; 55 
 L. J. Ch. 255. 
 
 Adverse Claims. 
 
 "With regard to adverse claims, see under incident titles ; in 
 particular as to debentures under title " Bills of Sale (Deben- 
 tures)," post, p. 314.
 
 238 
 
 EXECUTION AGAINST COMPANIES. 
 
 Winding-up 
 of companies. 
 
 When Court 
 may restrain 
 further pro- 
 ceedings in 
 any action, 
 &c. 
 
 Actions, &c. 
 to be stayed 
 after order for 
 •winding up. 
 
 Court may 
 stay pro- 
 ceedings for 
 winding up 
 after order. 
 
 Certain at- 
 
 Stay of Proceedings under Winding-up of Companies. 
 
 With regard to the winding up of companies, such is regu- 
 lated by the Companies Act, 1862, Part IV., sects. 74 to 173 
 inclusive (as partially repealed by the Companies Winding-up 
 Act, 1890, infra), and Part YIIL, sects. 199 to 204 inclusive, 
 the Companies Act (1862) Amendment Act (30 & 31 Yict. 
 c. 131), sects. 40 to 46 inclusive (as partially repealed by the 
 Companies Winding-up Act, 1890), the Joint Stock Companies 
 Arrangement Act, 1870 (33 & 34 Yict. c. 104), the Companies 
 Winding-up Acts, 1890 and 1893 (53 & 54 Yict, c. 63, and 56 
 & 57 Yict. c. 58), and as to Railway Companies, the Railway 
 Companies Act, 1867 (30 & 31 Yict. c. 127), sects. 6 to 22 in- 
 clusive (arrangements with creditors), and sects. 31 to 35 inclu- 
 sive (abandonment), and by the rules and orders for the time 
 being in force under these various Acts. 
 
 " The Court may (inter alia) at any time after the presentation 
 of a petition for winding up a company under this Act, and 
 before making an order for winding up the company, upon the 
 application of the company, or of any creditor or contributory 
 of the company, restrain further proceedings in any action, suit, 
 or proceeding against the company, upon such terms as the 
 Court thinks fit." Companies Act, 1862, s. 85. 
 
 " When an order has been made for winding up a company 
 under this (1862) Act, no suit, action, or other proceeding shall 
 be proceeded with or commenced against the company except 
 with the leave of the Court, and subject to such terms as the 
 Court may impose." lb. s. 87. 
 
 " The Court may at any time after an order has been made 
 for winding up a company, upon the application by motion of 
 any creditor or contributory of the company, and upon proof to 
 the satisfaction of the Court that all proceedings in relation to 
 such winding-up ought to be stayed, make an order staying the 
 same, either altogether or for a limited time, on such terms and 
 subject to such conditions as it deems fit." lb. s. 89. 
 
 Like provision is made by sections 197 and 198 in the case 
 of the winding up of companies registered in pursuance of 
 Part VII. of the above (1862) Act, and by sections 201 and 
 202 in the case of the winding up of unregistered companies. 
 And as to staying proceedings, see Judicature Act, 1875, s. 24, 
 sub-s. 5. 
 
 To continue, by section 163 of the Companies Act, 1862,
 
 STAY OF PROCEEDINGS UNDER WINDING UP OF COMPANIES. 239 
 
 " Where any company is being wound up by the Court or tachments, 
 subject to the supervision of the Court, any attachment, seques- tionsaad 
 tration, distress, or execution put in force against the estate or executions to 
 effects of the company after the commencement of the winding 
 up shall be void to all intents." And see Ex parte Fourdrinier, 
 In re Artistic Colour Printing Co., 21 Ch. D. 510 ; In re The 
 Opera, 62 L. T. 859 ; 38 W. E. 637. This 163rd section is, 
 however, qualified by sect. 87. In re Bank of Hindustan, China 
 and Japan, Ex parte Lerick, L. E. 5 Eq. 69 ; In re London and 
 Devon Biscuit Co., L. E. 12 Eq. 190; 40 L. J. Ch. 574; In re 
 London Cotton Co., L. R 2 Eq. 53 ; Smith, Fleming fy Co.'s Case, 
 L. E. 1 Ch. 538 ; and In re Vron Colliery Co., 20 Ch. D. 442 ; 
 51 L. J. Ch. 389. Moreover, the words " put in force " in such 
 section mean when execution is actually levied, not when the 
 writ is put into the hands of the sheriff, but when the sheriff by 
 virtue of the writ enters into possession. Accordingly, if an 
 execution be so put in force after the commencement of the com- 
 pany's winding-up, it is void, subject only to the exercise of the 
 Court's discretionary power in the execution creditor's favour, and 
 which power will, it seems, only be exercised under exceptional 
 circumstances. In re London and Devon Biscuit Co., supra ; and 
 In re Artistic Colour Printing Co., Ex parte Fourdrinier, supra. 
 See, moreover, Ex parte Parry, In re Great Ship Co., 10 Jur. 
 N. S. 3 ; 33 L. J. Ch. 245 ; In re London Cotton Co., L. E. 2 Eq. 
 53 ; and In re Thurso Gas Co., 42 Ch. D. 486 ; 61 L. T. 351. 
 
 13 ut the presentation of a petition to wind up a company is Sheriff not 
 no ground for restraining a sale by the sheriff of property of ^^Trr 1 „ 
 the company then already seized under an execution. Ex parte property af- 
 Millucood Colliery Co., 24 W. E. 898. See also In re Great Ship ready 8eized » 
 Co., supra. Such a sale is, nevertheless, a proceeding within unless Court 
 the 87th section of the Act, and will be restrained, if the Court JSJXSm- 
 has reason to doubt the bona fides of the transaction. In re action. 
 Perkins' Beach Lead Co., 7 Ch. D. 371 (a). See also In re Hill 
 Pottery Co., L. E. 1 Eq. 649 {b) ; In re Plas-yn-Mhowys Coal 
 Co., L. E. 4 Eq. 689 (b) ; In re Silrcr Hill Mining Co., 27 Sol. 
 Jour. 615; In re Bank of Hindustan, China and Japan, Ex parte 
 Levick, supra ; and In re Bastow 8f Co., L. E. 4 Eq. 681 (c). See 
 
 ((/) Disapproved, however, in Li re Artistic <\,lnur Print inn Co., 21 Ch. 
 ]). 510. 
 
 (b) Not however followed in Ex parte Milwood Colliery Co., 24 W. E. 
 B98. 
 
 (c) But questioned in In re Th Vron Colliery Co., 20 Ch. D. 44i'.
 
 240 
 
 EXECUTION AGAINST COMPANIES. 
 
 also as to sections 85 and 163, In re Vron Collier// Co., ante ; 
 and as to staying proceedings under sect. 87, California Redwood 
 Co. v. Walker, 13 C. of S. Ca. 4th Series, 810 ; Graham v. Edge, 
 20 U. B. D. 683 ; 57 L. J. Q. B. 406 ; In re Pontypridd and 
 Rhonda Valley Tramways Co., 58 L. J. Ch. 536 ; 37 W. E. 570 ; 
 and In re North Carolina Estate Co., W. N. (1889) 53 ; 5 T. L. 
 R. 328. According to Chadwick Healy on Company Law, 
 when the sheriff is not in possession at the commencement of 
 the winding up, the Court will interfere much more readily ; 
 and the cases show that it will prevent execution from being 
 levied, unless some good reason to the contrary can be shown. 
 On the other hand, Sir R. Malins, V.-C, in the course of his 
 judgment in Re Dimson's Estate Fire Clay Co., L. R. 19 Eq. 202, 
 says : — " The object of the Companies Acts is that there shall 
 be an equal distribution of the assets amongst all the creditors 
 of a company, but in any case where there has been an attempt 
 unjustly to wind up a company for the purpose of defeating 
 creditors, then the Court has said that any particular creditor 
 who has been unjustly treated shall be at liberty to pursue the 
 remedy in his hands notwithstanding the order for winding-up" ; 
 and in this connection see In re Imperial Steam and Household 
 Coal Co., 18 L. T. 390 ; 16 W. R. 689 ; 37 L. J. Ch. 517; and 
 In re Universal Disinfector Co., L. R. 20 Eq. 162. 
 Part IV. of It was held by the Court of Appeal in Rudow v. Great Britain 
 
 Act 1862 8 Mutual Life Assurance Society, 17 Ch. D. 600, that (whilst in 
 withexcep- that case the Court ought not for certain special reasons to 
 to -winding up exercise its discretionary power in the company's favour) where 
 tered reglS -" proceedings are pending for winding up an unregistered com- 
 pany, pany all the provisions of Part IV. of the Companies Act, 1862, 
 other than those expressly excepted, are applicable (d), and that 
 under sect. 85, the Court had jurisdiction to make the order 
 asked for, the direction in sect. 204 of the Act that " an un- 
 registered company shall not, except in the event of its being 
 wound up, be deemed to be a company under this Act " not 
 being intended to confine the application of the Act to a com- 
 pany which has been actually ordered to be wound up. Jessel, 
 M. R., said: "Now, under the Companies Act, 1862, s. 85, it 
 
 (d) Such, reference to Part IV. of the Companies Act, 1862, -will now 
 be read with due regard to the qualification of such Part IV. by the 
 Companies Winding-up Act, 1890 ; but which it will be ohserved does 
 not affect the particular sections of the 18G2 Act under consideration.
 
 STAY OF PROCEEDINGS UNDER WINDING UP OF COMPANIES. 241 
 
 clearly is not obligatory on the Court to make the order, 
 but the Court has a discretion which has been repeatedly 
 exercised." 
 
 Under a voluntary winding-up the Court has jurisdiction to Court's juris- 
 stay actions by creditors against the company. Re Keynsham voluntary 
 Co., 33 Beav. 123; and see Re Life Association of England, 34 winding-up to 
 
 ' ' ' stay actions, 
 
 L. J. Ch. 64. Moreover, where the goods of a company have & c . 
 been taken in execution after the passing of the resolution for 
 voluntary winding-up, the Court has jurisdiction to stay further 
 proceedings on the execution. Westbury v. Twigg 8f Co., [1892] 
 1 Q. B. 77 ; 61 L. J. Q. B. 32. Moreover, under sects. 89 and 
 138 of the Companies Act, 1862, the Court has jurisdiction, on 
 the petition of the liquidator in a voluntary liquidation, to stay 
 all proceedings in the winding-up, with a view to the reconstruc- 
 tion of the company, where it is satisfied as to the assent of the 
 creditors. In re Steamship Titian Co., 58 L. T. 178; 36 W. R. 
 347. 
 
 It was held on appeal in Re WUhernsea Brickworks, 16 Ch. D. Sect. 87 of 
 337 ; 50 L. J. Ch. 185, that sect. 87 of the Bankruptcy Act, 1869, ^ct^ffnot 
 which deprives execution creditors of the fruits of the execution to . apply t0 . 
 
 i i • m i • i • winding-up of 
 
 where the sheriff has notice of a bankruptcy within fourteen companies. 
 days after sale, is not made applicable to the winding up of 
 companies by the Judicature Act, 1875, s. 10 {In re Printing 
 and Numerical Registering Co., 8 Ch. D. 535, overruled) ; and 
 it is conceived that the principle of this decision will be equally 
 applicable to sect. 46, sub-sect. 2, of the Bankruptcy Act, 1883. 
 
 By 30 & 31 Yict. c. 127, ss. 7, 9, provision is made for the stay of 
 stay of actions and executions, &c, in the case of arrangements case°of'ar-' m 
 by railway companies with their creditors. And see as to stay- rangements. 
 ing proceedings, In re Richards 8f Co., 11 Ch. D. 676 ; Devas v. 
 East and West India Dock Co., 58 L. J. Ch. 522 ; 61 L. T. 217 ; 
 and Stevens v. Mid Hants Rait. Co., London Financial Association 
 v. Stevens, L. E. 8 Ch. 1064; 42 L. J. Ch. 694. 
 
 As to commencement of winding-up by the Court, " a wind- Commence- 
 ing up of a company by the Court shall be deemed to commence w indino--up— 
 at the time of the presentation of the petition for the winding- by Court ; 
 up." The Companies Act, 1862, s. 84 ; and see Kent v. Freehold 
 Land and BrickmaMng Co., L. E. 3 Ch. 493, 494; In re United Ser- 
 vice Co.,~L. E. 7Eq. 76; and In re Taurine Co., 25 Ch. D. 118. As 
 to commencement of the winding-up in the case of life assurance of life assur- 
 companies, see 35 & 36 Vict, c. 41, s. 4. As to commencement of n ° e c g e . compa " 
 winding-up under supervision, see In re Smith, Knight fy Co., under super- 
 
 M. r vision;
 
 242 EXECUTION AGAINST COMPANIES. 
 
 Weston's Case, L. E. 4 Ch. 20 ; Hodgkinson v. Kelly, L. R. 6 Eq. 
 496, 499; In re Colonial Trusts Corporation, Ex parte Bradshau; 
 15 Ch. D. 465 ; In re Emperor Life Assurance Society, 31 Ch. D. 
 78 ; 55 L. J. Ch. 3 ; In re Imperial Land Co. of Marseilles, Ex 
 parte Colbome and Straivbridge, L. R. 11 Eq. 478 ; In re Manchester 
 Economic Building Society, 24 Ch. D. 488 ; and In re Taurine Co., 
 voluntary. supra. As to commencement of voluntary winding-up, " a volun- 
 tary winding-up shall be deemed to commence at the time of the 
 passing of the resolution authorizing such winding-up." The 
 Companies Act, 1862, s. 130 ; and see hereon Thomas v. Patent 
 Lionite Manufacturing Co., 17 Ch. D. 250 ; 50 L. J. Ch. 544 ; 
 44 L. T. 392 ; In re Emperor Life Assurance Society, ante ; In re 
 West Cumberland Iron and Steel Co., 40 Ch. D. 361 ; 58 L. J. 
 Ch. 373 [In re Colonial Trusts Corporation, supra, not followed) ; 
 and In re Dry Docks Corporation of London, Limited, 58 L. J. 
 Ch. (App.) 33. 
 
 Execution against Shareholders. 
 
 The Act of 1862 does not give creditors any direct right 
 against the members by scire facias or otherwise. 
 
 With regard to the statutory provision (per Common Law 
 Procedure Act, 1854, sect. 132) for writs of scire facias against, 
 inter alia, members of a joint stock company or other body, upon 
 a judgment recorded against a public officer or other person 
 sued as representing such company or body, or against such 
 company or body itself, a new mode of procedure is expressly 
 provided by the present rules. 
 Leave to issue By R. of S. C. 1883, Ord. XLII. r. 23 {inter alia) : Where a 
 a^ainstshare- P ar ty i s entitled to execution against any of the shareholders of 
 holders. a joint-stock company upon a judgment recorded against such 
 
 company, or against a public officer or other person representing 
 such company, the party alleging himself to be entitled to exe- 
 cution may apply to the Court or a judge for leave to issue execu- 
 tion accordingly. And such Court or judge may, if satisfied that 
 the party so applying is entitled to issue execution, make an 
 order to that effect, or may order that any issue or question 
 necessary to determine the rights of the parties shall be tried in 
 any of the ways in which any question in an action may be tried. 
 And in either case such Court or judge may impose such terms 
 as to costs or otherwise as shall be just. And according to tho
 
 EXECUTION AGAINST SHAREHOLDERS. 243 
 
 Annual Practice, 1894, p. 802, a party entitled to execution 
 against shareholders of a joint-stock company on a judgment 
 against a company may, where the company has no goods which 
 may be taken, apply, under r. 23 of Ord. XLIL, for leave to 
 issue execution against individual shareholders. And see Att.- 
 Gen. v. Birmingham Drainage Board, 17 Ch. D. G85. See also, 
 in relation to execution against shareholders, the 1862 Act, 
 sect. 195. As to execution against shareholders of railway and 
 similar companies, see the Companies Clauses Consolidation Act, 
 1845, sects. 8, 9, and 36. 
 
 As to execution against shareholders in banking and other Shareholders 
 companies entitled to sue and be sued by a public officer, see rompanie.^ 
 7 Geo. 4, c. 46, ss. 12 and 13, and Ord. XLIL r. 23, supra. &°. "•^jjj* 
 A scire facias (e) (or now a summons under Ord. XLIL r. 23, sued by pub- 
 supra) is the proper mode of proceeding against shareholders "° officer - 
 under the Banking Companies Act, 7 Geo. 4, c. 46. Hansford v. 
 Bosanquet, 2 Q. B. 972; Bosanquet v. Ban-ford, 11 A. & E. 520; 
 Cross v. Law, 6 M. & W. 217 ; and Wittenbury v. Law, 6 Bing. 
 N. C. 345 ; see also 5th ed. Lind. 286 ; and Hat wood v. Law, 
 7 M. & W. 203. 
 
 And as to execution against shareholders in companies Shareholders 
 established by letters patent, see 7 Will. 4 & 1 Vict. c. 73, s. 24. ^tabnThed by 
 
 A judgment against a company, the shareholders of which letters patent. 
 are liable to execution on the judgment, may be executed against 
 them although the creditor has issued an elegit against the com- 
 pany and has obtained partial satisfaction by an extent under 
 the writ. 5th ed. Lind. 296 ; and see Rigby v. Dublin Trunk 
 Railway Co., L. P. 2 C. P. 586 ; Llfracombe Railway Co. v. Lord 
 Bollimore, L. P. 3 C. P. 288 ; Shrimpton v. Sidmouth Railway 
 Co., L. P. 3 C. P. 80 ; Lee v. Bade and Torrington Junction 
 Railway Co., L. E. 6 C. P. 578 ; Bortal v. Emmens, 1 C. P. D. 
 664 ; Kipling v. Todd, Kipling v. Allan, 3 C. P. D. 350 (Bortal 
 v. Emmens, distinguished); and Jlammattv. Brett, 54 L. T. 165 
 (Kipling v. Todd, aide, followed). 
 
 As to debentures, see under title " Bills of Sale (What con- Debentures, 
 stitutes a Bill of Sale)," 7^, p. 314. 
 
 (e) See under title "Writ of Scire Facias," ante, p. 224. 
 
 r2
 
 244 
 
 Chapter XX. 
 
 HUSBANDRY PROVISIONS I THEIR EFFECT UPON EXECUTION. 
 
 No sheriff, 
 &c. to sell, &c 
 any straw, &c. 
 in any case, 
 nor any hay, 
 &c, contrary 
 to the cove- 
 nant. 
 
 Tenant to 
 give notice to 
 sheriff of 
 existence of 
 covenant ; 
 
 and sheriff to 
 give notice to 
 owner or 
 landlord. 
 
 By sect. 1 of 56 Geo. 3, c. 50, An Act to regulate the Sale of 
 Farming Stock taken in Execution, " No sheriff or other officer 
 in England or Wales shall, by virtue of any process of any 
 court of law, carry off or sell or dispose of for the purpose of 
 being carried off from any lands let to farm any straw threshed 
 or unthreshed, or any straw of crops growing, or any chaff, 
 colder or any turnips, or any manure, compost, ashes or seaweed, 
 in any case whatsoever ; nor any hay, grass or grasses, whether 
 natural or artificial, nor any tares or vetches, nor any roots or 
 vegetables, being produce of such lands, in any case where, 
 according to any covenant or written agreement, entered into 
 and made for the benefit of the owner or landlord of any farm, 
 such hay, grass or grasses, tares and vetches, roots or vegetables, 
 ought not to be taken off or withholden from such lands, or 
 which by the tenor or effect of such covenants or agreements, 
 ought to be used or expended thereon, and of which covenants 
 or agreements, such sheriff or other officer shall have received a 
 written notice before he shall have proceeded to sale." 
 
 By sects. 2 and 3, " The tenant or occupier of any lands let 
 to farm, against whose goods any process of law shall issue, 
 whereby such goods may be taken and sold, shall, on having 
 knowledge of such process, give a written notice to the sheriff or 
 other officer executing the same, of such covenants or agreements, 
 whereof he or she shall have knowledge, and which may relate 
 to and regulate, or are intended to regulate the use and expendi- 
 ture of the crops or produce grown or growing thereon, and also 
 of the name and residence of the owner or landlord of such lands ; 
 and such sheriff or other officer shall forthwith, on executing 
 such process, and before any sale shall have been proceeded in, 
 send a notice by the general post to the owner or landlord of 
 such lands, in all cases where such owner or landlord shall be
 
 HUSBANDRY PROVISIONS '. THEIR EFFECT UPON EXECUTION. 
 
 215 
 
 resident in any part of this United Kingdom, and shall have 
 been made known to and ascertained by such sheriff or other 
 officer, and also to the known steward or agent of such landlord 
 or owner, in respect of such lands, stating to such owner, land- 
 lord and agent, the fact of possession having been taken of any 
 crops or produce hereinbefore mentioned ; and such sheriff or 
 other officer shall, in all cases of the absence or silence of such 
 landlord or owner, or his or her agent, postpone and delay the 
 sale of such crops or produce until the latest day he lawfully can 
 
 or may appoint for such sale ; provided always that such sheriff Sheriff may 
 
 z, . r> dispose of 
 
 or other officer executing such process may dispose ot any crops produce sub- 
 
 or produce hereinbefore mentioned to any person or persons who J ect to an , , 
 
 * . agreement to 
 
 shall agree in writing with such sheriff or other officer, in cases expend it on 
 
 where no covenant or written agreement shall be shown, to use 
 
 and expend the same on such lands, in such manner as shall 
 
 accord with the custom of the county ; and in cases where any 
 
 covenant or written agreement shall be shown, then according to 
 
 such covenants or written agreement ; and after such sale or 
 
 disposal so qualified, it shall be lawful for such person or persons 
 
 to use all such necessary barns, stables, buildings, outhouses, 
 
 yards and fields, for the purpose of consuming such crops or 
 
 produce, as such sheriff or other officer shall allot or assign to 
 
 them for that purpose, and which such tenant or occupier would 
 
 have been entitled to and ought to have used for the like purpose 
 
 on such lands." 
 
 By sect. 4, " Such sheriff or other officer shall, on the request Sheriff to 
 of any landlord or owner who shall be aggrieved by any breach ^^ r o^er 
 of such agreement, permit such landlord or owner to bring any to bring 
 action or actions in the name of such sheriff or other officer, for na me. 
 the recovery of damages in respect of such breach, such landlord 
 or owner having nevertheless fully indemnified such sheriff or 
 other officer against all costs whatsoever, and all loss and damage, 
 before any such action shall be commenced." 
 
 By sect. 5, " Such sheriff or other officer shall, before any sale Sheriff to 
 of any crops or produce of any lands let to farm shall be pro- "!,, 1 , 1 1 l 1 u ! ln |[ 
 ceeded in, make, by all ways and means, due inquiry within the residence of 
 parish where such lands shall be situate as to the name and 
 residence of the landlord or owner of such lands." 
 
 Landlords, by sect. 6, are not to distrain for rent on pur- Landlord not 
 chasers of crops severed from the soil, or other things sold f ° r TeDi 
 
 on 
 
 subject to agreement. purchasers.
 
 246 
 
 HUSBANDRY PROVISIONS : THEIR EFFECT UPON EXECUTION. 
 
 Sheriff not to 
 sell clover, 
 &c, growing 
 with corn. 
 
 Proviso for 
 contracts. 
 
 Sheriff not 
 liable for 
 damages, 
 unless for 
 wilful omis- 
 
 Indemnity to 
 sheriff, &c, 
 acting under 
 provisions 
 of Act. 
 
 56 Geo. 3, 
 c. 50, does 
 not bind 
 Crown. 
 
 Sheriff must 
 sell goods, 
 &c, seized 
 under pre- 
 rogative 
 process, un- 
 conditionally. 
 
 Corn, &c, 
 raised by 
 manual 
 labour may 
 be taken in 
 execution ; 
 
 By sects. 7 and 8, " No sheriff or other officer shall, by virtue 
 of any process whatsoever, sell or dispose of any clover, ryegrass 
 or any artificial grass or grasses whatsoever, which shall be 
 newly sown and be growing under any crop of standing corn, 
 provided always that this Act shall not extend to any straw, 
 turnips or other articles, which the tenant may remove from the 
 farm consistently with some contract in writing." 
 
 By sect. 9, " In every case where any action shall be brought 
 against such sheriff or other officer, for any breach of or omission 
 of compliance with the provisions of this Act, no plaintiff shall 
 be entitled to recover any damages against such sheriff or other 
 officer, unless it shall be proved on the trial of such action that 
 such breach or omission was wilful on the part of such sheriff or 
 other officer." 
 
 By sect. 10, " No sheriff or under-sheriff, nor any or either of 
 their deputies, agents, bailiffs or servants, nor any person or 
 persons who shall purchase any hay, straw, chaff, turnips, grass 
 or grasses, or other produce hereinbefore mentioned, under the 
 provisions of this Act, nor his, her or their servant or servants, 
 shall be deemed or taken to be a trespasser by reason of his, her 
 or their coming upon or remaining in possession of any barns or 
 other buildings, yards or fields, for the purpose of threshing out 
 or consuming any straw, hay, turnips or other produce herein- 
 before mentioned, under the provisions of this Act, or for doing 
 any matter or thing whatsoever, fit and necessary to be done 
 for the purpose of executing the same, and carrying into effect 
 all stipulations contained in any agreement made under such 
 provisions, though such acts shall have been done by such 
 sheriff or other officer, and by such person or persons, his, her or 
 their servants, after the return of the process under which such 
 sheriff or other officer shall have acted." 
 
 This statute (56 Geo. 3, c. 50), although passed for the pur- 
 pose of general good and public benefit in promoting good 
 husbandry, does not extend to bind the Crown ; therefore sales 
 of goods seized under prerogative process are not within it, and 
 the sheriff must sell unconditionally, nor can the sheriff sell 
 crops as subject to tithes ; he must sell without any qualification. 
 Rex v. Osbourne, 6 Price, 94. 
 
 Corn, &c. raised by manual labour may be taken, and this 
 may be effected by plucking an ear of corn. On the other hand 
 things yielding no annual profit or which are produced irrespec-
 
 HUSBANDRY PEOVISIONS : THEIR EFFECT UPON EXECUTION. 217 
 
 tive of manual labour cannot be taken. 2 Grilb. Ex. 19. Cut but not cut 
 grass cannot be taken as against a prior purchaser thereof from priorpur- 
 the execution debtor. Tompkimon v. Russell, 9 Price, 287. CQ aser; 
 Growing grass does not come within the description of goods nor growing 
 and chattels, and cannot be seized as such under a fi. fa. ; it grass * 
 goes to the heir and not to the executor ; but growing potatoes Growing 
 come within the description of emblements, and are deemed be Taken may 
 chattels by reason of their being raised by labour and manurance. 
 They go to the executor of the tenant in fee simple, although they 
 are fixed to the freehold and may be taken in execution under 
 afi.fa. Nor can growing fruit be seized thereunder, the same but not grow - 
 belonging to the freehold and going to the heir. Per Bay ley, J., ms rm ' 
 in Evans v. Roberts, 5 B. & C. 832, 835. 
 
 " In case all or any part of the growing crops of the tenant Growing 
 of any farm or lands shall be seized or sold by any sheriff or anTsoM 26 
 other officer by virtue of any writ of fieri facias or other writ of under exe- 
 execution, such crops, so long as the same shall remain on the liable for 
 farm or lands, shall, in default of sufficient distress of the goods accrum o rent - 
 and chattels of the tenant, be liable to the rent which may 
 accrue and become due to the landlord after any such seizure 
 and sale, and to the remedies by distress for recovery of such 
 rent, and that notwithstanding any bargain and sale or assign- 
 ment which may have been made or executed of such growing 
 crops by such sheriff or other officer." 14 & 15 Yict. c. 25, 
 s. 2. 
 
 The law regulating emblements is that a tenant is entitled to Rigbts as to 
 a crop of that species only which ordinarily repays the labour 
 by which it is produced within the year in which that labour is 
 bestowed, though the crop may in extraordinary seasons be 
 delayed beyond that period. Hops, so far as relates to their 
 annual product, fall within the above rule. But there is no 
 authority to show that things which take more than a year to 
 arrive at maturity are capable of being emblements, except the 
 case of Kingsbury v. Collins, 4 Bing. 202, where "teazles" were 
 held to be so. Per Denman, C. J., in Graves v. Weld, 5 B. & 
 Ad. 105 ; 2 L. J. (N. S.) K. B. 176. But now, " where the lease altered by 
 or tenancy of any farm or lands held by a tenant at rack-rent * 4 ^ ^ y ict ' 
 shall determine by the death or cesser of the estate of any 
 landlord entitled for his life, or for any other uncertain interest, 
 instead of claims to emblements, the tenant shall continue to Tenant 
 hold and occupy such farm or lands until the expiration of the occupy until
 
 248 
 
 HUSBANDRY PROVISIONS : THEIR EFFECT UPON EXECUTION. 
 
 expiration of 
 current year. 
 
 Rights as to 
 away- going 
 crops on ex- 
 piration of 
 tenancy. 
 
 then current year of his tenancy." 14 & 15 Yict. c. 25, s. 1. 
 This Act applies to all tenancies in respect of which there might 
 be a claim to emblements. 
 
 As to rights in relation to away-going crops and to straw and 
 hay on the land at the expiration of the tenancy, the reader is 
 referred for any necessary information thereon to Addison on 
 Contracts and Chitty on Contracts.
 
 249 
 
 Chapter XXI. 
 
 FIXTURES AND EXECUTION THEREON. 
 
 PAGE 
 
 Introductory 249 
 
 Fixtures between Landlord and Tenant ... - 254 
 Fixtures between Mortgagor and Mortgagee- ... 260 
 Fixtures between Heir and Executor, Tenant for Life and 
 Remainderman, and Tenant in Tail and Reversioner - - 266 
 
 Introductory. 
 
 The term " fixtures " in its general sense means any annexation Fixtures 
 or addition which has been affixed to or planted in the soil, 
 quicquid plantatur solo, cedit so/o. But it has now acquired the 
 peculiar meaning of personal chattels which have been annexed 
 to the freehold, but which are removable at the will of the 
 person who has annexed them. Per Parke, B., in Hallen v. 
 Runder, 1 C. M. & E. 274. 
 
 The question as to what constitutes annexation is one of some What 
 difficulty and depends very largely upon the circumstances of annexation 
 the case. Mere juxtaposition is not sufficient, even though the 
 thing placed on the ground be of great size and weight. Nor 
 svill a slight fastening necessarily imply that a thing is a 
 fixture. From the quotations from judgments below and the 
 cases cited under the different headings of this chapter, it may 
 be gathered that annexation sufficient to render an article a 
 fixture demands in each case the consideration of the two 
 questions of degree and object to enable a satisfactory con- 
 clusion to be arrived at. 
 
 The law is thus briefly explained by Parke, B., in Hell a well 
 v. Eastwood, 6 Ex. 312 : " The only question, therefore, is 
 whether the machines when fixed were parcel of the freehold, 
 and this is a question of fact, depending on the circumstances of 
 each case, and principally on two considerations ; first, the mode
 
 250 FIXTURES, AND EXECUTION THEREON. 
 
 of annexation to the soil or fabric of the house, and the extent 
 to which it is united to them, whether it can easily he removed, 
 integre, sake, et commode, or not, without injury to itself or the 
 fabric of the building ; secondly, on the object and purpose of 
 the annexation, whether it was for the permanent and substantial 
 improvement of the dwelling, in the language of the Civil Law, 
 perpetui usus causa, or in that of the Year Book, pour an profit 
 del inheritance [20 Hen. 7, 13], or merely for a temporary 
 purpose, or the more complete enjoyment and use of it as a 
 chattel." 
 
 In the case of Holland v. Hodgson, L. E. 7 C. P. 328, 
 Blackburn, J., thus expresses himself : " Perhaps the true rule 
 is, that articles not otherwise attached to the land than by their 
 own weight are not to be considered as part of the land, unless 
 the circumstances are such as to show that they were intended 
 to be part of the land, the onus of showing that they were so 
 intended lying on those who assert that they have ceased to be 
 chattels, and that, on the contrary, an article which is affixed to 
 the land even slightly is to be considered as part of the land, 
 unless the circumstances are such as to show that it was intended 
 all along to continue a chattel, the onus lying on those who 
 contend that it is a chattel. This last proposition seems to be 
 in effect the basis of the judgment of the Court of Common 
 Pleas delivered by Maule, J., in Wilde v. Waters [16 C. B. 637; 
 24 L. J. C. P. 193]. This, however, only removes the difficulty 
 one step, for it still remains a question in each case whether the 
 circumstances are sufficient to satisfy the onus. In some cases, 
 such as the anchor of the ship or the ordinary instance given of 
 a carpet nailed to the floor of a room, the nature of the thing 
 sufficiently shows it is only fastened as a chattel temporarily, 
 and not affixed permanently as part of the land. But ordinary 
 trade or tenant fixtures, which are put up with the intention 
 that they should be removed by the tenant (and so are put up 
 for a purpose in one sense only temporary, and certainly not for 
 the purpose of improving the reversionary interest of the land- 
 lord), have always been considered as part of the land, though 
 severable by the tenant. In most, if not all, of such cases, the 
 reason why the articles are considered fixtures is probably that 
 indicated by Wood, Y. C.,in Boyd v. Shorrock [L. R. 5 Eq. 78], 
 that the tenant indicates by the mode in which he puts them up 
 that he regards them as attached to the property during his 
 interest in the property."
 
 INTRODUCTORY. 251 
 
 In Wansbrough v. Mat on, 4 Ad. & E. 884, it was held that a 
 tenant was entitled, at the end of his term, to remove a wooden 
 barn erected by him on a brick and stone foundation, let into 
 the ground, the barn however resting thereon merely by weight. 
 Per Coleridge, J., at p. 889 : " In the absence of exception by 
 custom, or in favour of trade, the rule is clear. The tenant has 
 no right to remove the whole or any part of what is fixed to the 
 freehold. The question therefore is, what is fixed ? That is, 
 in the present case, what does the barn consist of ? Does it 
 include the stone caps, or merely the woodwork ? I apprehend 
 that the woodwork is the whole barn. That wooden barn is 
 supported by mere pressure. And this meets the argument 
 suggested, as to the criterion being whether one part of the 
 building be erected with a view to the other." 
 
 The reader is also referred to the judgment in the case of 
 Elliott v. Bishop, quoted below under the head of " Fixtures 
 between Landlord and Tenant." 
 
 The right of severance and removal differs according to the Right of re- 
 relative position in which the owner of the freehold and the ™ cordmo- tcf 
 person who has annexed may stand. As between heir and exe- relative posi- 
 cutor, as between the tenant for life or in tail and the remainder- f freehold 
 man or reversioner, and as between mortgagor and mortgagee, and P! rson 
 
 00 & © > annexing. 
 
 the old rule that whatever is attached to the soil becomes part 
 thereof, quicquid plantatur solo, cedit solo, is still applied (Holland 
 v. Hodgson, L. R. 7 C. P. 328 ; Cthnie v. Wood, L. R. 3 Ex. 257; 
 Lonrjhottom v. Berry, L. R. 5 Q,. B. 123, 137 ; Mather v. Fraser, 
 2 K. & J. 536 ; 25 L. J. Ch. 361 ; and Fisher v. Dixon, 12 C. & 
 F. 312), whilst as between landlord and tenant such rule has, in 
 the absence of contract or any contrary custom, and under 
 certain conditions, been relaxed in the tenant's favour in respect 
 of trade and domestic or ornamental fixtures. Helhuccll v. 
 Eastwood, 6 Ex. 295; 20 L. J. Ex. 154; Elliott v. Bishop, 10 
 Ex. 496 ; Holland v. Hodgson, supra ; Winn v. Ingilby, 5 B. & 
 Aid. 625 ; and Place v. Fagg, 4 M. & R. 277. But until the 
 Agricultural Holdings Acts, infra, no such indulgence extended 
 to agricultural fixtures. The law is thus stated by Lord 
 Elleuborough in the leading case of Fliers v. Maw, 3 East, 38, 51 : 
 " Questions respecting the right to what are ordinarily called 
 fixtures principally arise between three classes of persons. 
 First, between different descriptions of representatives of the 
 same owner of the inheritance, viz., between his heir and exe- 
 cutor. In this first case, i.e., as between heir and executor, the
 
 252 FIXTURES, AND EXECUTION THEREON. 
 
 rule obtains with the most rigour in favour of the inheritance, 
 and against the right to disannex therefrom, and to consider as 
 a personal chattel, anything which has been affixed thereto. 
 Secondly, between the executors of the tenant for life or in tail 
 and the remainderman or reversioner ; in which case the right to 
 fixtures is considered more favourably for executors than in the 
 preceding case between heir and executor. The third case, and 
 that in which the greatest latitude and indulgence has always been 
 allowed in favour of the claim to having any particular articles 
 considered as personal chattels as against the claim in respect 
 of freehold or inheritance, is the case between landlord and 
 tenant. But the general rule on this subject is that which 
 obtains in the first mentioned case, i.e., between heir and execu- 
 tor ; and that rule is, that where a lessee, having annexed any- 
 thing to the freehold during his term, afterwards takes it away, 
 it is waste. But this rule at a very early period had several 
 exceptions attempted to be engrafted upon it, and which were at 
 last effectually engrafted upon it, in favour of trade and of those 
 vessels and utensils which are immediately subservient to the 
 purposes of trade." 
 In what cases The sheriff under a writ of fieri facias or other similar process 
 seize fixtures cannot take in an execution against the owner of the freehold 
 m execution, things affixed to the freehold and which would go to the heir 
 and not to the executor. Winn v. Ingilby, 5 B. & Aid. 625 ; 1 
 D. & E. 247 ; Mather v. Fraser, 2 K. & J. at p. 550 ; Scorell v. 
 Boxall, 1 Y. & J. per Hullock, B., at p. 398. The question 
 whether he can take things in execution against a life tenant 
 which the executor of the life tenant is entitled to as against 
 remaindermen or reversioners does not seem to have been 
 directly judicially considered, but the tendency of the decisions 
 seems to point to the conclusion that the sheriff can take such 
 things in execution. In the case of a tenant, the sheriff may 
 seize any fixtures which the tenant may remove as against his 
 landlord, and he may also seize any interest that the tenant may 
 have in any fixtures which are the subject of the demise for his 
 term. But it must be borne in mind that in the absence of any 
 contract such right is limited to the duration of the tenancy or 
 to such further period of possession by the tenant as he may 
 hold the premises under a right to still consider himself tenant. 
 Wee ton v. Woodeoelc, 7 M. & W. 14 ; and see In re Lavies, Ex 
 parte Stephens # Co., 7 Ch. D. 127; 47 L. J. Bk. 22; im&Pugh 
 v. Art on, L. R. 8 Eq. 628. This right of seizure on the part of
 
 INTRODUCTORY. 253 
 
 the sheriff was first recognized in relation to trade fixtures 
 (Poole's Case, 1 Salk. 368) ; and some doubt was subsequently 
 expressed as to whether other species of fixtures were equally 
 liable. But now it is clear that all fixtures of whatever 
 nature, over which the person proceeded against has a right, 
 may be taken (Place v. Fagg, 4 M. & E. 277; Minshallv. Lloyd, 
 2 M. & W. per Parke, B. at p. 459), with the exception, per- 
 haps, of fixtures of considerable magnitude, such as a windmill, 
 resting on but not annexed to the ground. Steward v. Lombe, 
 1 Brod. & B. 506, 512. 
 
 But as the right of a sheriff to sever and remove fixtures is only Right of 
 
 ill- i sheriff to 
 
 equal to that of the person on whom he levies an execution, he seve r only 
 cannot seize as chattels things which a tenant has precluded him- ^^ to th& } 
 self from removing. Dumerguev. Rumsey, 2 H. & C. 777; 33 L.J. debtor. 
 Ex. 88 ; R. v. Topping, M'Cle. & Y. 544 ; Richardson v. Ardley, 
 38 L. J. Ch. 508; Duke of Beaufort v. Bates, 3 De Gr. F. & J. 
 381 ; 6 L. T. 82 ; 8 Jur. N. S. 270. Such fixtures, however, if 
 expressly the subject of a demise may be seized together with 
 the premises for the lessee's interest in them, though not as 
 divided chattels separate from the freehold. Ryall v. Rolle, 1 
 Atk. 165 ; Gordon v. Harper, 7 T. R. 11, 12. 
 
 The sheriff must separate and sell fixtures over which he has When sheriff 
 a right of severance, apart from the leasehold, if he cannot sell fixtures 
 them together. Barnard v. Leigh, 1 Stark. 43. separately. 
 
 The sheriff cannot seize articles which have been fixtures and Sheriff cannot 
 which the tenant has unlawfully severed ; so in Far rant v. Thomp- unlawfully*"* 
 son, 5 B. & Aid. 826, where a mill with mill machinery was severed by 
 
 • li tenant. 
 
 demised for a term and the tenant without leave severed the 
 machinery, it was held that the property in the machinery 
 reverted to the landlord and could not be taken under a f. fa. 
 See also Richardson v. Ardley, 38 L. J. Ch. 508. 
 
 Section 146 of the Bankruptcy Act, 1883 (46 & 47 Yict. Sheriff, in 
 c. 52), provides that a sheriff shall not under a writ of elegit writof«%tf 
 deliver the goods of a debtor nor shall a writ of elegit extend to " iav ddiver 
 goods. As fixtures until severance remain part of the land, so 
 it seems that a sheriff in executing a writ of elegit may deliver 
 fixtures, which are not goods within the meaning of the Act, 
 goods being defined in section 168 as " all personal chattels."
 
 254 FIXTURES, AND EXECUTION THEREON. 
 
 Fixtures between Landlord and Tenant. 
 
 As has already been pointed out, greater indulgence is shown 
 to the tenant in the matter of severing and removing fixtures 
 than to any other kind of occupier. For reasons of public policy 
 and convenience, and for the furtherance of trade this greater 
 latitude has arisen, and now a tenant is entitled during the con- 
 tinuance of his term and such period after as agreement with his 
 landlord permits, to sever and remove certain classes of fixtures, 
 viz., trade fixtures, and fixtures put up for ornament or domestic 
 use. But this right of severance and removal may be modified 
 by the terms of the lease, or the tenant may have entirely pre- 
 cluded himself from exercising the rights which his position as 
 such entitles him to. The reader is referred to the notes on the 
 case of Elwes v. Maw, 9th ed. Sm. L. 0. Vol. II. p. 182, to "Wood- 
 fall's Landlord and Tenant, and to Amos and Ferard on Fixtures 
 (especially Appendix B) , for a detailed account of the relations 
 of landlord and tenant with regard to fixtures, as it is beyond 
 the scope of this work to deal with such a subject at length. 
 Removal of The history of the right to remove trade fixtures is traced in 
 
 by tenant. Elwcs v. Maw, and the cases on the subject are numerous. The 
 modern view of the law is thus laid down by Martin, B., in the 
 case of Elliott v. Bishop, 10 Ex. 496. " As society progressed, 
 and tenants for lives or for terms of years of houses, for the more 
 convenient or luxurious occupation of them, or for the purposes 
 of trade, affixed valuable and expensive articles to the freehold, 
 the injustice of denying the tenant the right to remove them 
 at his pleasure, and of deeming such things practically forfeited 
 to the owner of the fee simple by the mere act of annexation, 
 became apparent to all ; and there long ago sprang up a right, 
 sanctioned and supported both by the Courts of law and equity, in 
 a temporary owner or occupier of real property or his representa- 
 tive, to disannex and remove certain articles, although annexed 
 by him to the freehold, and these articles have been denominated 
 ' fixtures ' ; and the best definition with which I am acquainted 
 is that given in the judgment of this Court in If a lien v. Bunder 
 [1 C. M. & R. 266], viz., that they are articles which were ori- 
 ginally personal chattels, and which, although they have been 
 annexed to the freehold by a temporary occupier, are nevertheless 
 removeable, and of course saleable, at the will of the person who 
 has annexed them. The term, however, does not include every- 
 thing which is fixed, and so rendered immovable. The object
 
 FIXTURES BETWEEN LANDLORD AND TENANT. 255 
 
 and purpose of the annexation in fixing must be looked at ; and 
 if a chattel be fixed to the building merely for the more complete 
 enjoyment and user of it as a chattel, it is not a fixture at all in 
 the technical legal meaning of the word, but still remains a 
 chattel. Upon this principle, it was decided, in the case of 
 Hellawett v. Eastwood [6 Ex. 295], that cotton-spinning machines, 
 screwed into and fixed firmly to the floor, were chattels and dis- 
 train able for rent, From the above explanation of the term 
 ' fixtures,' it is obvious that the expression ' landlord's fixtures ' 
 is a most inaccurate one. All the materials of a house are, before 
 they are fixed, chattels. The bricks, the mortar, the timber, the 
 iron, and all the other materials of a house were originally mere 
 personal chattels ; and there can be no doubt, that, if the land- 
 lord builds a house, and puts in for the purpose of completing 
 the house, for instance, chimney-pieces, grates, stoves, bells, &c., 
 which are in the house when let to the tenant, they all remain 
 the property of the landlord, and are part of the house, and are 
 only to be enjoyed by the tenant during the term, and are not 
 removable by him at all, any more than the walls or roofing or 
 flooring. It seems, therefore, inaccurate to apply the term fix- 
 tures to anything which belongs to the landlord ; but probably 
 what is meant by the term ' landlord's fixtures ' are such articles 
 as, when once annexed by the tenant, cannot be disannexed or 
 removed by him ; and it is in this sense I understand the term 
 to have been used by the learned counsel for the plaintiff. There 
 is no doubt, as was stated by him in his argument, that where 
 there is a covenant in the lease in regard to the fixtures, the 
 right of the parties in respect of them must be regulated by the 
 covenant ; and his contention was, that, upon the true construc- 
 tion of the covenants in the present ease, the tenant would be 
 entitled to remove every fixture, which, by the general rule of 
 law as between landlord and tenant, independent of all contract 
 or covenant, he would have a right to remove. . . . Where 
 a tenant covenants to deliver up ' marble and other chimney- 
 pieces, and all other fixtures and articles in the nature of fixtures, 
 which shall at any time during the term be fixed or fastened to 
 the premises,' he must leave all fixtures which are annexed for 
 the occupation and enjoyment as a house ; for instance, grates 
 or stoves built in the usual way, bells, the wires of which are 
 inserted in the walls, presses fixed for the more convenient use 
 of the individuals inhabiting the house, whoever they may be — 
 in short, all fixtures which render the house more convenient
 
 256 FIXTURES, AND EXECUTION THEREON. 
 
 and habitable as a house ; and, assuming that the articles de- 
 nominated tenant's fixtures in this case are of this character 
 (which I have no doubt they are), in my opinion the tenant 
 under the lease would have no title to or right to sell or remove 
 them, but that they would belong to the landlord, and the tenant 
 removing them would be liable to an action at the suit of the 
 Marquis of Camden ; and that, therefore, as to the value of these 
 articles, the defendant is entitled to our judgment. As to the 
 other description of fixtures, I think the plaintiff is entitled to 
 recover their value. I assume them to be fixtures put up ex- 
 clusively for the carrying on of the trade, or for ornamenting 
 and beautifying the house as a public-house. In my opinion 
 such fixtures are entirely out of the covenants, and the rights of 
 the parties in respect of them are regulated by the general law. 
 In the absence of contract, trade fixtures are clearly removable 
 by the tenant, and he by sale may give a good title to the pur- 
 chaser." See also the judgment of Piatt, B. And see per Wood, 
 Y.-C, in Mather v. Fraser, ante, and especially his quotation of 
 Lord Chancellor Cranworth's judgment in Ex parte Barclay, 
 5 Be G. M. & G. 403. 
 
 In Whitehead v. Bennett, 27 L. J. Ch. 474 — 476, on a ques- 
 tion between landlord and tenant as to trade fixtures, it was 
 held, that the tenant could not remove buildings built of brick, 
 with brick foundations let into the soil, although erected for the 
 sole purpose of trade, although machinery, engines, vats, and 
 utensils, with their accessories, might be removed. Kindersley, 
 Y.-C, in the course of his judgment, said : " Among the many 
 cases upon this subject there is not one which has determined 
 that, even in the most favourable circumstance of landlord and 
 tenant, a tenant has a right to remove any building which he 
 has erected, merely because it is used only for the purpose of 
 trade ; and if the argument used in this case is allowed to pre- 
 vail, it can only do so in such a manner as may be followed up 
 to its legitimate consequences, and it would be laying down 
 a rule that whatever a tradesman erected, however substantial, 
 and however firmly let into the freehold, yet if the identity is 
 preserved, the tenant might remove it. Such a rule is esta- 
 blished nowhere. Not only is there no such decision, but there 
 
 is not even a dictum that can bear any such construction 
 
 No doubt great favour has been shown, and should always be 
 shown, towards trade, and the modern cases have relaxed the 
 rigour of the old authorities in this respect, but some limit must
 
 FIXTURES BETWEEN LANDLORD AND TENANT. 257 
 
 be put to this indulgence, and the cases seem to me to have 
 gone quite as far as they ought to go. The question, then, 
 turns upon the nature of these particular buildings. With 
 respect to that which is erected upon the walls forming a pas- 
 sage, it is incapable of being removed in an integral condition, 
 and the same observation applies to the engine-house, although 
 it may in some sense be called an accessory to the engine. But 
 it is not a mere shed, on the contrary, it is a brick building let 
 into the soil. Take the common case of those gigantic buildings 
 which are raised storey after storey, fitted with spinning- jennies, 
 drums, wheels, &c, which can only be used in such a building. 
 It is clear, ex concerns, that you might remove the machinery, 
 or the engine, however large, which is usually in the lower 
 portion, and which works the whole machinery ; but if the 
 argument as to accessories were carried out, you might allow 
 the entire building to be removed, and it is impossible to see 
 where such a doctrine would stop. The present case is precisely 
 the same on a smaller scale ; and with respect to all and each of 
 these buildings, my opinion is, that they cannot be brought 
 within the proper legal definition of trade fixtures, removable 
 by the tenant." And see Wake v. Hall, 8 App. Ca. 195 ; 48 
 L. T. 834. See, also, in relation to the right to take in execu- 
 tion rails laid down by a mining lessee, Antrim {Earl) v. Dobbs, 
 30 L. E. Ir. 424. 
 
 Fixtures for the purpose of ornament or convenience may be Removal of 
 removed by the tenant at the expiration of his lease unless they omamentor 
 are of such a nature as to be considered a permanent improve- convenience 
 
 by tenant. 
 
 ment, and their removal would materially damage the house or 
 land to which they are affixed. On this subject, Dallas, C. J., 
 in his judgment in the case of Buckland v. Butterfield, 2 Brod. 
 & B. p. 58, says : "It is clear that many things of an orna- 
 mental nature may be in a degree fixed, and yet during the 
 term may be removed ; and it is equally clear that there may 
 be that sort of fixing or annexation, which, though the building 
 or thing annexed may have been merely for ornament, will yet 
 make the removal of it waste. The general rule is, that where 
 a lessee, having annexed a personal chattel to the freehold 
 during his term, afterwards takes it away, it is waste. In the 
 progress of time this rule has been relaxed, and many exceptions 
 have been grafted upon it. One has been in favour of matters 
 of ornament, as ornamental chimney pieces, pier glasses, hang- 
 ings, wainscot, fixed only by screws and the like." In the 
 
 M. S
 
 258 
 
 FIXTURES, AND EXECUTION THEEEON. 
 
 Removal of 
 agricultural 
 
 fixtures by 
 tenant. 
 
 Tenant may 
 remove build- 
 ings, &c, 
 erected on 
 farms, unless 
 landlord elect 
 to take same. 
 
 Removal of 
 fixtures by 
 tenant under 
 Agricultural 
 Holdings Act, 
 1383. 
 
 Provisoes. 
 
 Payment of 
 rent. 
 
 1 i i moval to 
 be careful. 
 
 above case, it was held that a conservatory erected on a brick 
 foundation and attached to a dwelling-house, and communi- 
 cating with it by windows opening into the conservatory, and 
 a flue passing into the parlour chimney, becomes part of the 
 freehold and cannot be removed by the tenant. See also 
 Gri/mes v. Boweron, 6 Bing. 437. 
 
 Referring to agricultural fixtures, by sect. 3 of 14 & 15 Yict. 
 c. 25 (an Act to improve the law of landlord and tenant in 
 relation to, inter alia, tenants' fixtures), the tenant may remove 
 farm or other buildings, engines or machinery (however affixed 
 to the freehold, and notwithstanding they may consist of sepa- 
 rate buildings) erected by him, either for agricultural purposes 
 or for the purposes of trade and agriculture, at his own cost, 
 with his landlord's previous written consent (and not under any 
 obligation in that behalf), subject to any consequential injury 
 to the landlord's land or buildings, or to the tenant otherwise 
 putting such land or buildings into their original condition, and 
 to his giving his landlord one calendar month's previous notice 
 in writing of such intention, and to the latter's right of option 
 to purchase such fixtures at a value to be ascertained by arbi- 
 tration. 
 
 By sect. 34 of the Agricultural Holdings (England) Act, 
 1883 (46 & 47 Vict. c. 61), which section repealed and sub- 
 stantially reproduced a similar section in the Act of 1875 (38 & 
 39 Yict. c. 92), s. 53, "where after the commencement of this 
 [1st January, 1884] Act a tenant affixes to his holding any 
 engine, machinery, fencing, or other fixture (a), or erects any 
 building for which he is not under this Act or otherwise entitled 
 to compensation, and which is not so affixed or erected in pur- 
 suance of some obligation in that behalf or instead of some 
 fixture or building belonging to the landlord, then such fixture 
 or building shall be the property of and be removable by the 
 tenant before or within a reasonable period after the termination 
 of the tenancy, provided as follows : — 
 
 " (1) Before the removal of any fixture or building the tenant 
 shall pay all rent owing by him, and shall perform or 
 satisfy all other his obligations to the landlord in 
 respect of the holding : 
 
 " (2) In the removal of any fixture or building the tenant shall 
 
 (>i) According to Woodfall on Landlord and Tenant, p. 672, ornamental 
 but not trade fixtures are included in the expression ' ' other fixtures."
 
 FIXTURES BETWEEN LANDLORD AND TENANT. ^59 
 
 not do any avoidable damage to any building or other 
 
 part of the holding : 
 " (3) Immediately after the removal of any fixture or building Tenant to 
 
 the tenant shall make good all damage occasioned to any j^a j^°° 
 
 building or other part of the holding by the removal : 
 " (4) The tenant shall not remove any fixture or building Notice of 
 
 • i-i j • • ,1 » • i- ',• removal to 
 
 without giving one month s previous notice m writing i an aiord. 
 to the landlord of the intention of the tenant to 
 remove it : 
 " (5) At any time before the expiration of the notice of Option of 
 removal the landlord, by notice in writing given by purc hase on 
 him to the tenant, may elect to purchase any fixture c lvm s notice, 
 or building comprised in the notice of removal, and 
 any fixture or building thus elected to be purchased 
 shall be left by the tenant, and shall become the pro- 
 perty of the landlord, who shall pay the tenant the 
 fair value thereof to an incoming tenant of the hold- 
 ing ; and any difference as to the value shall be 
 settled by a reference under this Act as in case of 
 compensation (but without appeal)." 
 By sect. 54, " Nothing in this Act shall apply to a holding Nature of 
 that is not either wholly agricultural or wholly pastoral, or in wn ich Act 
 part agricultural, and as to the residue pastoral, or in whole or applies. 
 in part cultivated as a market garden, or to any holding let to 
 the tenant during his continuance in any office, appointment, 
 or employment held under the landlord." 
 
 By sect. 60, " Except as in this Act expressed, nothing in General 
 this Act shall take away, abridge, or prejudicially affect any ^^f. 
 power, right, or remedy of a landlord, tenant, or other person 
 vested in or exerciseable by him by virtue of any other Act or 
 law, or under any custom of the country, or otherwise, in respect 
 of a contract of tenancy or other contract, or of any improve- 
 ments, waste emblements, tillages, away-going crops, fixtures, 
 tax, rate, tithe rent-charge, rent, or other thing." 
 
 The restrictions on a tenant's right of removal in these Acts 
 must be carefully borne in mind, especially the necessity in 
 every case of a month's notice to the landlord being given. 
 Wherever the Acts do not apply, the old common law rule laid 
 down in Elwes v. Maw, 3 East, 38, still holds good and in such 
 case the tenant has no right to remove fixtures erected by him 
 for merely agricultural purposes. 
 
 s2
 
 260 
 
 FIXTURES, AND EXECUTION THEREON. 
 
 Articles fixed 
 to freehold by 
 nails, kc. pass 
 to mortgagee. 
 
 Machinery, 
 &c. fixed to 
 freehold pass 
 to mortgagee. 
 
 Trade fixtures 
 annexed to 
 freehold pass 
 to mortgagee. 
 
 Fixtures between Mortgagor and Mortgagee. 
 
 Supplementing the above general rule as between mortgagor 
 and mortgagee, it may be generally taken that articles fixed to 
 the freehold by nails, screws, solder, or any other permanent or 
 quasi-permanent means, though merely for the more convenient 
 user or for steadiment, pass with the freehold or leasehold and 
 belong to the legal or equitable mortgagee of the property, even 
 though such articles can be actually removed without any 
 appreciable damage to the freehold. See Ex parte Astbury, Re 
 Richards, L. E. 4 Ch. 630 ; Climie v. Wood, L. E. 3 Ex. 257 ; 
 Longbottom v. Berry, L. E. 5 Q. B. 123 ; Holland v. Hodgson, 
 L. E. 7 C. P. 328 ; Mather v. Fraser, 2 K. & J. 536 ; 25 L. J. 
 Ch. 361 ; and Meux v. Jacob, L. E. 7 H. L. 481 ; 44 L. J. Ch. 
 481. See also Cross v. Barnes, 46 L. J. Q. B. 479 ; 36 L. T. 
 693. It will be borne in mind that in considering these cases 
 the principle of the cases relating to landlord and tenant, in 
 which the strict law has been relaxed for the furtherance of 
 trade, must be discarded. 
 
 In Mather v. Fraser, supra, manufacturers mortgaged the 
 land, mills, or factories at which the business was carried on, 
 and of which they were the absolute owners, together with the 
 steam engine, steam boilers, mill, gear, millwright works and 
 machinery then or thereafter to be fixed to the said land, 
 hereditaments and premises, together with all out-offices, edifices, 
 fixtures, &c. It was held, inter alia, that the mortgagees were 
 entitled as against the assignees to all machinery fixed to the 
 freehold. 
 
 In Climie v. Wood, supra, Kelly, C. B., said : " The question, 
 therefore is whether, as between mortgagor and mortgagee, 
 trade fixtures are removable by the mortgagor .... There 
 have been several cases where the Courts have decided that, 
 upon the true construction of the mortgage deeds, trade fixtures 
 were removable by the mortgagor, but not one to show that such 
 right exists without a special provision. A mortgage is a security 
 or pledge for a debt, and it is not unreasonable if a fixture be 
 annexed to land at the time of a mortgage, or if the mortgagor 
 in possession afterwards annexes a fixture to it, that the fixtures 
 shall be deemed an additional security for the debt, whether it 
 be a trade fixture or a fixture of any other kind. It has already 
 been observed that no authority has been cited to show that trade 
 fixtures may be removed by the mortgagor, but there are several
 
 FIXTURES BETWEEN MORTGAGOR AND MORTGAGEE. 
 
 261 
 
 to the contrary ; and unless we are prepared to overrule them, 
 our judgment must be adverse to the plaintiff. It is unnecessary 
 to refer to cases earlier than Ex parte Cotton [2 M. D. & De Gr. 
 720]. The case was deoided in the Court of Eeview in Bank- 
 ruptcy. A brewery had been mortgaged, and afterwards new 
 and additional trade fixtures had been erected by the mortgagor. 
 He became bankrupt, and the mortgagee was held entitled to 
 the new fixtures against the assignee ; and Sir John Cross, in 
 delivering judgment, said : ' By the general rule of law, fixtures 
 belong to the premises to which they are affixed, as between 
 mortgagor and mortgagee, without any such distinction as that 
 of tenant's fixtures.' .... The case of Cullmck v. Swindell 
 [L. R. 3 Eq. 24!)], was decided in 1866 by Lord Romilly. He 
 stated that he would follow Ex parte Cotton [2 M. D. & De Gr. 
 720], and hold that fixtures, although trade fixtures, and put up 
 for the purpose of carrying on the business, and although put up 
 since the date of the mortgage, so far as they are affixed to the 
 freehold, go with it to the mortgagee. This is a stronger case 
 than the present, for here the trade fixtures were upon the free- 
 hold at the time of the mortgage, and all the authorities seem to 
 show that they pass with the land. The result is that the old 
 maxim of Quicquid plantatur solo, so/o ccdit, applies in all its 
 integrity to the relation of mortgagor and mortgagee, and that 
 trade fixtures constitute no exception. It follows from this 
 that the findings of the jury, that the steam engine and boiler 
 were fixed by the mortgagor for their better use, and not to 
 improve the inheritance, and that they could be removed without 
 any appreciable damage to the freehold, become immaterial, for 
 the right of the mortgagee attaching by reason of the annexation 
 to the land, the intention of the mortgagor in respect of them 
 cannot prevail against the legal effect of the deed." 
 
 Moreover, everything which is a necessary or essential part of Necessary or 
 a trade fixture passes with the fixture. Ex parte Astbury, In re o^ti-adr fix- 
 Richards, L. R. 4 Ch. 630. In this case, an iron manufacturer tore pass witii 
 
 fixture. 
 
 made an equitable mortgage of his rolling mills, of which 
 he held a lease, and shortly afterwards became bankrupt. 
 Besides the fixed machinery, the mills contained the follow- 
 ing chattels used in the manufactiu'e : — (1) A large number 
 of duplicate iron rolls of various sizes, made to be fitted 
 into the machine, and used for different sizes of iron ; some 
 of these were fitted to the machine, and had ]^c\\ used, 
 and others had not yet been fitted. (2) Straightening 
 plates, which were broad iron plates, embedded in the floor
 
 262 FIXTURES, AND EXECUTION THEEEON. 
 
 for straightening the iron when taken out of the fur- 
 nace. (3) Weighing machines, which were deposited in 
 holes dug in the earth and lined with brickwork, so that the 
 weighing plate was level with the surface of the ground, but 
 which were not fixed to the brickwork. It was here held on a 
 case stated in the bankruptcy between the mortgagees and 
 the assignees, first : that such of the rolls as had been fitted to 
 the machine were fixtures, and passed to the mortgagees, but 
 that such of the rolls as had not been fitted to it were not fixtures, 
 and belonged to the assignees ; secondly, that the straightening 
 plates were fixtures, and passed to the mortgagees ; and thirdly, 
 that the weighing machines were not fixtures, and belonged to 
 the assignees. Metropolitan Counties Society v. Brown, 26 Beav. 
 454, distinguished. Sir Gr. W. Giffard, L. J., thus stated the 
 principle : " With respect to the law, it is admitted that where 
 there is a mortgage of a manufactory, and part of the machinery 
 used in it is a fixture, that part passes. We have, therefore, to 
 determine what, according to the law, are, in a proper sense, 
 fixtures. There are two dicta which will be sufficient to guide 
 us for the present purpose. In Mather v. Fraser [2 K. & J. 
 536], it was decided that the article must be an essential part of 
 the machine. I think that was all that was necessary to lay 
 down in that case. The dictum of Lord Cottenham in Fisher v. 
 Dixon [12 C. & F. 312] was that all ' belonging to the machine ' 
 would pass, and I should say in this case the proper test to lay 
 down would be that the chattel must be ' something which 
 belongs to the machine as part of it.' ' He held also that the 
 fact of the mortgagor being a leaseholder made no difference on 
 this point. This decision was followed in Longbottom v. Berry, 
 L. E. 5 Q. B. 123 ; and Holland v. Hodgson, L. R. 7 C. P. 328. 
 In absence of Moreover, in the absence of an intention to the contrary being 
 tention, a expressed in the mortgage deed, a mortgage whether of lease- 
 mortgage will k } j or f re£i [ es t a te will pass all fixtures to the mortgagee, 
 pass fixtures m *■ ° ° 
 
 to mortgagee, notwithstanding that only some of the fixtures have been 
 
 specified in the mortgage deed. When, however, the mortgage 
 is by demise, the right to sever the fixtures remains in the 
 mortgagor at the end of the mortgage term, but the mortgagee 
 has the right to use them during that terra. The Southport and 
 West Lancashire Banking Co. v. Thompson^ 37 Ch. D. 64; 57 
 L. J. Ch. 114 (the observations of Lord Blackburn (then 
 Blackburn, J.) in Uawtrij v. Butlin, L. R. 8 Q. B. 290 ; 42 L. J. 
 Q,. B. 163, explained) ; and see the judgment of "Cotton, L. J., 
 in this case. So in the case of a mortgage of a dwelling-house
 
 FIXTURES BETWEEN MORTGAGOR AND MORTGAGEE. 203 
 
 and premises and all fixtures therein, the intention of the 
 parties, one in mortgaging, and the other in taking the security 
 for the amount advanced, must be considered ; and whatever is 
 substantially part of the house, so that it cannot be taken away 
 without depriving the house of what was intended to be used 
 with the building, should be considered as fixtures. Smith v. 
 Mackre, TV. N. (1884), p. 14. Pearson, J., in that case said he 
 considered that the cornices and poles were fixtures, but not the 
 hangings and valances which were apart from the cornices ; the 
 pier glasses in frames were fixtures, and all the gas fittings and 
 gaselieis, including the reading lamp, which was screwed to one 
 particular pipe ; but that the mantel boards which were not 
 fixed would not be included as fixtures. 
 
 Necessary parts of mortgaged machinery, like leather driving Necessary 
 belts, though readily removable, when such machinery is out of mor^a^ed 
 gear, pass to the mortgagee. Sheffield and South Yorkshire machinery 
 Permanent Benefit Building Society v. Harrison, 15 Q. B. D. mortgagee. 
 358 ; 54 L. J. Q. B. 15 ; 51 L. T. 649. 
 
 A tenant (under a mortgagor) of mortgaged premises, who Tenant of 
 has brought trade fixtures thereon, can remove the same as p rem isel may 
 against both mortgagee and mortgagor, on the ground that, remove fix- 
 although between a mortgagor and mortgagee the latter is 
 entitled to all fixtures upon the mortgaged premises at the time 
 of the mortgage and which may be subsequently brought there 
 by the mortgagor, such tenant is a stranger to the mortgage. 
 Sanders v. Davis, 15 Q. B. D. 218 ; 54 L. J. Q. B. 576 ; but 
 see Watkins v. Land Securities Company, TV. N. (1885), 211 
 (C. A). 
 
 An attornment clause being merely an additional security, Fixtures 
 
 fixtures added by a mortgagor after the date of a mortgage da j. e f mort 
 
 containing an attornment clause have been held to pass to the s a = e > with 
 -n -r. t tt' • -i n ru V ne\r attornment 
 
 mortgagee. Ex parte Punnett, In re Kitclnn, lb Oh. 1). 22b. clause. 
 
 Fixtures were expressly mentioned in the Bills of Sale Act, 
 1854 (17 & 18 Vict. c. 36), sect. 7, as included in the expression 
 "personal chattels." Under this Act, however, it was held that Fixtures 
 if the fixtures were included in the operative part of a convey- ^^free- ° 
 ance, or an assignment of land, and no separate disposition for holds, &c. do 
 them apart from the land was provided for, no registration registration, 
 was necessary. Mather v. Fraser, 2 K. & J. 536 ; 25 L. J. Ch. 
 361; Holland v. Hodgson, L. R. 7 0. P. 328; Longbottom V. 
 ,y, L. R. 5 Q. B. 123, 137. And it is now enacted by the 
 Bills of Sale Act, 1878 (41 & 42 Viet. c. 31), sect. 4, that for
 
 264 
 
 FIXTURES, AND EXECUTION THEREON. 
 
 but if assigned 
 separately, 
 registration 
 necessary. 
 
 Definition 
 of ' ' trade 
 machinery." 
 
 Machinery 
 excluded from 
 
 the Act. 
 
 Definition of 
 ' ' factory or 
 workshop." 
 
 Assignment 
 
 of machinery 
 excluded docs 
 
 the purposes of the Act "the expression 'personal chattels' shall 
 not include [inter alia] fixtures (except trade machinery as here- 
 inafter defined) Avhen assigned together with a freehold or lease- 
 hold interest in any land or building to which they are affixed." 
 But under the Bills of Sale Act, 1854, it was held that if the 
 fixtures were assigned separately, or the deed comprised a power 
 to dispose of them separately from the land, registration was 
 required. Waterfall v. Penistone, 6 El. & Bl. 876 ; Havtnj v. 
 Butlin, L. R. 8 Q. B. 290; 42 L. J. Q. B. 163; In rjJEslick, 
 Ex parte Alexander, 4 Ch. D. 503; 46 L. J. Bank. 30; 25 
 W. R 260. And now by the Bills of Sale Act, 1878, sect. 4, 
 for the purposes of the Act, fixtures, when separately assigned or 
 charged, are included in the expression " personal chattels," and 
 therefore registration is necessary. 
 
 By sect. 5 of the Bills of Sale Act, 1878, "For the purposes 
 of this Act, trade machinery means the machinery used in or 
 attached to any factory or workshop ; 
 
 1st. Exclusive of the fixed motive powers, such as the water- 
 wheels and steam engines, and the steam boilers, 
 donkey engines, and other fixed appurtenances of the 
 said motive power ; and, 
 Exclusive of the fixed power machinery, such as the 
 shafts, wheels, drums, and their fixed appurtenances, 
 which transmit the action of the motive powers to the 
 other machinery, fixed and loose ; and 
 Exclusive of the pipes for steam, gas and water, in the 
 factory or workshop. 
 The machinery or effects excluded by this section from the 
 definition of trade machinery shall not be deemed to 
 be "personal chattels" within the meaning of this 
 Act. 
 "Factory or workshop" means any premises on which any 
 manual labour is exercised by way of trade, or for 
 purposes of gain, in or incidental to the following 
 purposes or any of them ; that is to say, 
 
 (a) In or incidental to the making any article or part of 
 
 an article ; or 
 
 (b) In or incidental to the altering, repairing, ornament- 
 
 ing, finishing, of any article ; or 
 
 (c) In or incidental to the adapting for sale any article. 
 The effect of sect. 5 of the Bills of Sale Act, 1878, is that the 
 
 articles which are thereby excluded from the definition of trade 
 
 2nd. 
 
 3rd.
 
 FIXTURES BETWEEN MORTGAGOR AND MORTGAGEE. 265 
 
 machinery therein contained are not " personal chattels " within not require 
 the meaning of the Act for any purpose whatever, and conse- 
 quently any assignment of such articles does not require regis- 
 tration under the Act ; and this applies to such articles though 
 they are not actually affixed to the land with which they are 
 assigned, but (by virtue of an easement) to other land belonging 
 to a stranger. Tqpham v. Greenside Glazed Fire Brick Co., 37 
 Ch. D. 281 ; 57 L. J. Ch. 583. 
 
 By sect. 7 of the above (1878) Bills of Sale Act " no fixtures Fixtures not 
 (inter alia) shall be deemed, under this Act, to be separately se parately 
 assigned or charged by reason only that they are assigned by assigned 
 separate words, or that power is given to sever them from the passes by 
 land or building to which they are affixed, without otherwise sam< l mstru_ 
 taking possession of or dealing with such land or building, if by 
 the same instrument any freehold or leasehold interest in the land 
 or building to which such fixtures are affixed is also conveyed or 
 assigned to the same person or persons. The same rule of con- 
 struction shall be applied to all deeds or instruments, including 
 (inter alia) fixtures, executed before the commencement of this 
 Act, and then subsisting and in force, in all questions arising 
 {inter alia) in execution of any process of any Court, which shall 
 be issued after the commencement of this Act." It has been 
 held in In re Armytage, Ex parte Moore, 14 Ch. D. 379 ; 49 L. J. 
 Bank. GO, that sect. 7 of the above (1878) Act is retrospective 
 to the extent of giving a fixed legislative construction to the 
 term " separately assigned or charged " as regards all deeds, 
 whether executed since or before the commencement of that 
 Act, but is not so for the purpose of extending to deeds exe- 
 cuted before the commencement of the Act the wider meaning 
 given to the term " chattels " by sects. 4 and 5. 
 
 An assignment of personal chattels within the application of Assignment 
 the Bills of Sale Acts, together with fixtures not within their S£i£||? m 
 application, to secure one sum of money, may be valid as to the although void 
 
 £LS to cll'lttt'ls 
 
 fixtures, notwithstanding that it is void as to the chattels. In 
 re BurdeH, Ex parte Byrne, 07 L. J., Q. B. 263. 
 
 By the Bills of Sale Act (1878) Amendment Act, 1882 (45 & Bills of sale 
 46 Vict. c. 43), s. 6, "Nothing: contained in the fore^oine; sections ° f ' lxtu, "y* not 
 
 >] ' & ^ . to be void in 
 
 of this Act [viz., sects. 4 and 5 of the 1 882 Act mentioned below] certain cases, 
 shall render a bill of sale void in respect of any of the following 
 things ; that is to say, (inter alia) any fixtures separately assigned 
 or charged, and any plant, or trade machinery, where such fix- 
 tures, plant, or trade machinery are used in, attached to, or
 
 266 FIXTURES, AND EXECUTION THEREON. 
 
 brought upon any land, farm, factory, workshop, shop, house, 
 warehouse, or other place in substitution for any of the like fix- 
 tures, plant, or trade machinery specifically described in the 
 schedule to such bill of sale. By sects. 4 and 5 of the above Act 
 every bill of sale shall be void except as against the grantor, in 
 respect of any property not specifically described in the schedule 
 attached thereto, and in respect of any property therein specifi- 
 cally described of which the grantor was not the true owner at 
 the time of the execution of the bill of sale. 
 
 See also In re Yates, Batcheldor v. Yates, 38 Ch. D. 112 ; 57 
 L. J., Ch. 697 ; and see as to assignments of leaseholds with 
 machinery In re Lusty, Ex parte Lusty, 60 L. T. 160 ; 37 W. R. 
 304 ; and in relation to a contract for the erection of trade 
 machinery to be paid for by instalments, Cumberland Union 
 Banking Co. v. Maryport Hematite Iron and Steel Co., [1892] 
 1 Ch. 415 ; 61 L. J. Ch. 227 ; 66 L. T. 108 ; 40 W. R. 280. 
 See also under title " Bills of Sale," post, p. 291. 
 
 Fixtures between Heir and Executor, Tenant for Life and 
 Remainderman, and Tenant in Tail and Reversioner. 
 
 As between In the case of Fisher v. Dixon (12 C. & F. 312), the absolute 
 
 executor fix- owner °f land, for the purpose of better using that land, had 
 tures pass to erected upon and affixed to the freehold certain machinery, and 
 it was held, that in the absence of any disposition by him of 
 this machinery, it would go to the heir as part of the real 
 estate ; that if the corpus of such machinery belonged to the 
 heir, all that belonged to that machinery, although more or less 
 capable of being detached from it, and more or less capable of 
 being used in such detached state, must also be considered as 
 belonging to the heir ; and that no distinction arose in the 
 application of this rule, from the circumstance that the land did 
 not descend to, but was purchased by, the owner. Lord Cot- 
 tenham, in the course of his judgment, said: " Then the case 
 being simply this, the absolute owner of the land, for the pur- 
 pose of better using that land, having erected upon and affixed 
 to the freehold, and used, for the purpose of the beneficial 
 enjoyment of the real property, certain machinery, the question 
 is, is there any authority for saying that, under these circum- 
 stances, the personal representative has a right to step in and
 
 FIXTUEES BETWEEN HEIR AND EXECUTOR, ETC. 267 
 
 lay bare tho land, and to take away all the machinery necessary 
 for the enjoyment of the land ? Let us consider for a moment, 
 if that is the principle, to what extent is it to go ? It is put by 
 Lord Cockburn (and a very strong illustration it is), if the 
 owner of the land should dig a well, and erect machinery for 
 the purpose of using that well, is it competent to the personal 
 representative to come and take away that machinery, and leave 
 the well useless? He thinks it is not. Where is the distinction 
 between the two cases ? Such machinery is capable of being 
 taken away with very little, if any, damage to the land. 
 Although, therefore, machinery is, in its nature, generally 
 personal property, yet, with regard to machinery, or a manu- 
 factory erected upon the freehold for the enjoyment of the free- 
 hold, nobody can suppose that that can be the rule of law ; and 
 so with respect to other erections upon land. It is not necessary 
 to go beyond the present case, wdiich is a case of machinery 
 erected for the better enjoyment of the land itself. The principle 
 probably would go a great deal further, but it is more advisable 
 to confine the observations I have to make to the particular 
 circumstances of this case. There is no case whatever which 
 has been cited in which that doctrine has been recognized, 
 except the one which has been referred to {The Cider Mill Case), 
 as to which we really know nothing, except that at the "Wor- 
 cester assizes, a good many years ago, a cider mill was held to 
 belong to the personal estate. Why it was so held, under what 
 circumstances, and whether it was a cider mill fixed to the free- 
 hold or not, we do not know. We know nothing except that 
 this machine, called a cider mill, was decided to go to the per- 
 sonal representative. It is impossible to extract a rule of law 
 from a case of which we know so little as that. And, with that 
 exception, there is a uniform course of decisions, wherever the 
 matter has been discussed, in favour of the right of the heir to 
 machinery erected under the circumstances in the present case ; 
 and if the corpus of the machinery is to be held to belong to the 
 heir, it is hardly necessary to say that we must hold that all 
 belongs to that machinery, although more or less capable of 
 being used in a detached state from it ; still, if it belongs to the 
 machinery, and belongs to the corpus, the article, whatever it 
 may be, must necessarily follow the same principle, and remain 
 attached to the freehold." Per Lord Brougham: "If a cider 
 mill be fixed to the soil, though it is a manufactory, it is per- 
 fectly immaterial whether it is for the purpose of a manufac-
 
 268 
 
 FIXTURES, AND EXECUTION THEREON. 
 
 Same rule 
 applies to 
 tenants for 
 life or in tail 
 and remain- 
 derman or 
 reversioner, 
 
 except that 
 life tenant 
 may remove 
 trade fixtures 
 and fixtures 
 for mixed 
 purpose. 
 
 tor j, or a granary, or a barn or anything else. It is a fixture 
 on the soil, and it becomes part of the soil. But although it is 
 a manufactory, nobody says it belongs to the executor. It 
 would go unquestionably to the heir." 
 
 Wood, Y.-C, in the case of Mather v. Fraser, 2 K. & J. 536 ; 
 25 L. J. Ch. 361, said, "With respect to fixtures the old rules 
 of law were very strict : Whatever had been once fixed to the 
 freehold by screws or soldered, passed as between the heir and 
 the executor with that to which it was so attached ; the reason 
 being that the owner by having so attached the article to the 
 soil is considered to have expressed his intention that it should 
 no longer continue a moveable chattel. ... In Winn v. 
 Ingilby [5 B. & Aid. G25], the question was whether the sheriff 
 could under a fi. fa. seize fixtures where the house in which they 
 were situated was the freehold of the person against whom the 
 execution issued. Now it struck me as a very common practice 
 for the sheriff under a fi. fa. to seize locks, bolts, bars, and other 
 ordinary house fixtures, and that was so in Place v. Fagg [4 M. 
 & E. 277.] In both these cases it was held that the sheriff 
 could not take fixtures in a house whereof the freehold was in 
 the debtor, the principle being that where the owner of the 
 freehold fixes articles to the freehold they belong to the free- 
 hold, the case not being one as between landlord and tenant, but 
 between the heir and executor." From these cases it is evident 
 that if at any time a relaxation of the strict rule " quicquid solo 
 plantatur, solo cedit," as between heir and executor, was ever 
 contemplated, at the present time it is applied in full force in 
 favour of the inheritance. 
 
 The above cases that have arisen between the heir and 
 executor apply as well to the cases of a life tenant or tenant in 
 tail and remainderman or reversioner, with the following im- 
 portant modification, viz., from the few cases that have arisen 
 between tenants for life or their representatives and remainder- 
 men, it appears that the life tenant or his representative is 
 entitled to sever and remove trade fixtures and fixtures for a 
 mixed purpose (i.e., when trade and the profits of land are 
 combined). Lawton v. Lawton, 3 Atk. 13 ; Lord Dudley v. Lord 
 Warde, Amb. 113; Lain v. Brand, 1 App. Ca. at p. 776. In 
 Ward v. Countess of Dudley, 57 L. T. 20, a tenant for life of 
 real estate, who was entitled to hold and enjoy the working 
 stock and plant of certain iron mines and collieries situate on 
 the estate, and carry on such iron mines and collieries, erected
 
 FIXTURES BETWEEN HEIR AND EXECUTOR, ETC. 269 
 
 on the estate, machinery, &c, blast furnaces, and a railway of 
 considerable length connecting the mines and collieries. On 
 his death the question arose whether, in an account between his 
 executors and the remainderman, the former should be credited 
 with the value of the machinery, &c, or whether the same 
 passed to the remainderman as things annexed to the soil. It 
 was held, that the machinery annexed to the soil for the purpose 
 of rendering the minerals merchantable, if such machinery was 
 capable of being removed therefrom by disturbing the soil 
 without destroying the land, was machinery which could not 
 be said to be so attached to the land as to become part of it and 
 belong to the owner of the land, but was to be deemed to be 
 trade fixtures which passed to the executor as personalty on the 
 authority of Wake v. Hall, 8 App. Ca. 195 ; 48 L. T. 834. 
 
 Whether a tenant for life or his representative is debarred Removal of 
 from removing ornamental or domestic fixtures seems to be domestlc^x- 1 " 
 open to some doubt. D'Eyncourt v. Gregory, L. R. 3 Eq. 382. tures by life 
 
 tenant, 
 
 doubtful.
 
 270 
 
 CHAPTER XXII. 
 
 EXECUTION IN EELATION TO MAERIED WOMEN. 
 
 Property at Common Law _____ 
 Property under Married Women's Property Acts 
 Settlements -------- 
 
 PAGE 
 
 - 270 
 
 - 276 
 
 - 284 
 
 Protection of 
 property of 
 wife by- 
 trustees. 
 
 Property at Common Law. 
 
 Apart from the Married "Women's Property Acts, the following 
 may be taken as a summary of the law of Husband and Wife 
 in relation to Execution : " By the common law the wife can 
 have no property during the coverture, but all her estate is 
 vested in the husband. But Courts of Equity have for ages 
 past thought the rules of the common law too hard, and have 
 thought it right to protect the property of the wife from the 
 extravagance of the husband, in cases clear of fraud. This is 
 done by the intervention of trustees ; and thus far the wife is, 
 to all intents and purposes, a single woman ; and wherever that 
 trust can be supported in equity, this Court will consider the 
 trustee entitled at law." Per Lord Mansfield, in Haselinton v. 
 Gill, 3 T. R. 620. Equity, moreover, protects property to 
 which a married woman is entitled for her separate use, even 
 without the intervention of trustees. As to what words of dis- 
 position are sufficient to secure property to a married woman as 
 her separate estate, see 8th ed. Lewin on Trusts, pp. 755 et seq. 
 A trust to pay income to a woman for her separate use exists 
 only during coverture, but in the case of a widow who re- 
 marries, it comes into force again during the second or any 
 succeeding coverture, unless the trust is expressly limited to one 
 specific marriage. Tullett v. Armstrong, 1 Beav. 1 ; Moore v. 
 Morris, 3 Jur. N. S. 552. In the words of Kay, L. J., " A 
 trust for the separate use of a woman is completely inoperative 
 while she is discovert, but it becomes effective the moment she 
 marries, and continues so during any coverture or any number
 
 PROPERTY AT COMMON LAW. 271 
 
 of successive covertures." Petton Brothers v. Harrison, [1891] 
 2 Q. B. at p. 426. 
 
 A married woman's earnings in any trade or business which Married 
 her husband may permit her to carry on, although without any earnings i a 
 express agreement in that behalf, are her separate property. trade ner 
 So, also, by the custom of the city of London, the earnings of a property, 
 married woman, solely trading there on her own account without 
 her husband's intermeddling, are her separate estate. Again, Separate pro- 
 the property of a married woman who has obtained an order of J^der ofpro- 
 protection under 20 & 21 Vict. c. 85, s. 21, or an order of tectionor 
 judicial separation under 21 & 22 Yict. c. 108, s. 8, or a magis- separation; 
 trate's separation order under 41 Yict. c. 19, is her separate 
 estate. In this connection, see Hill v. Cooper, [1893] 2 Q. B. 
 85 ; 62 L. J. Q. B. 423. The Court also protects the earnings or where 
 of a married woman whose husband has deserted her, or is con- a^,^, a9 
 victed of felony. 
 
 Though the property of a married woman, not settled to her "Wife's equity 
 separate use, vested in the husband under the common law, yet, ^en^ 
 if the husband brought a suit in equity to enforce his claims, 
 the practice of the Court was to refuse him assistance except 
 upon the terms that he made a suitable settlement upon his 
 wife and her children ; this doctrine is called the wife's equity 
 to a settlement. Equity, moreover, allowed a married woman 
 to deal with her separate estate by assignment or charge, or 
 otherwise as she thought fit, unless the instrument under which 
 she took the property expressly forbad her to assign it. This Clause in 
 was and is done by a proviso known as a clause in restraint of re ^ raint of 
 anticipation, which is still effective in preventing her dealing 
 with the capital or future income of her separate estate. The 
 effect of a clause in restraint of anticipation is expressly pre- 
 served by the Married Women's Property Acts, but the Court 
 can in certain cases, and with her consent, bind her property 
 subject to such a restraint (see the Conveyancing Act, 1881 ; 
 In re Little, 40 Ch. D. 418 ; In re Milner's Settlement, [1891] 3 
 Ch. 547); and under the Married "Women's Property Act, Costs may be 
 1893 (6H & 57 Vict. c. 63), s. 2, she may be ordered to pay j2?SStSf b0 
 costs out of such a fund. See post, p. 281. A restraint on P">P 
 anticipation is of no avail unless the property is given to the restraint, 
 separate use of a woman ; a gift to separate use will not be 
 implied from the mere existence of a restraint on anticipation. 
 Stogdon v. Lee, [1891] 1 Q. B. 661. 
 
 As to the husband's interest in his wife's property, he is Husband
 
 272 
 
 EXECUTION IN RELATION TO MARRIED WOMEN. 
 
 entitled to 
 income of 
 "wife's free- 
 hold and 
 copyhold pro- 
 perty during' 
 coverture ; 
 
 and of free- 
 hold property 
 during life, 
 if he survive, 
 &c. ; 
 
 hut there 
 must be 
 special custom 
 in case of 
 copyhold 
 property. 
 
 Leasehold 
 property 
 belongs to 
 husband 
 during 
 coverture ; 
 
 and abso- 
 
 entitled during the coverture to the income of all freehold and 
 copyhold property of which the wife is or may be seized at and 
 subsequent to the marriage. But under the provisions of 3 & 4 
 "Will. 4, c. 74, a married woman can with her husband's con- 
 currence and by duly acknowledged deed dispose of her lands 
 and money subject to be invested in the purchase of lands and 
 any estate therein, and also release and extinguish powers as a 
 feme sole. Such Act is not, however, to extend to copyhold lands 
 " of or to which a married woman, or she and her husband in 
 her right, may be seized or entitled for an estate at law in any 
 case in which any of the objects to be effected by this clause 
 could before the passing of this Act have been effected by her 
 in concurrence with her husband by surrender into the hands of 
 the lord of the manor of which the lands may be parcel" (sect. 77) ; 
 whilst a married woman must be separately examined on the 
 surrender of an equitable estate in copyholds as if such estate 
 were legal (sect. 90). Moreover, a married woman can dispose 
 of her land independently of her husband, and by unacknow- 
 ledged deed, in exercise of a power of appointment. The 
 husband is also entitled to a life interest in such freehold pro- 
 perty of his wife (except as to gavelkind lands) as she was solely 
 seized in actual possession for an estate of inheritance during the 
 marriage in the event of his surviving her and of their having 
 had issue born alive capable of inheriting the property, he being 
 said to be tenant by the curtesy in respect of this interest. 
 " And it is now settled that where a married woman has an 
 equitable estate of inheritance to her separate use and does not 
 dispose of it by deed or will, her husband is entitled to curtesy." 
 Per Jessel, M. E., in Cooper v. Macdonald, 7 Ch. D. 288. The 
 Married Women's Property Acts do not affect tenancy by the 
 curtesy. See Hope v. Hope, [1892] 2 Ch. 336. But it seems a 
 special custom is necessary to entitle a husband to be tenant by 
 the curtesy of his wife's copyhold property. 
 
 A wife's leasehold property belongs to and can be absolutely 
 disposed of during the coverture by the husband, subject, in the 
 case of reversionary terms, to such falling in during the cover- 
 ture, and, in the case of her interest being only equitable, to her 
 concurring in and acknowledging the deed of disposition for the 
 purpose of barring her equity to a settlement. He cannot, 
 however, dispose by will of her leasehold property, and it accrues 
 to the wife in the event of the husband predeceasing her without 
 his having so disposed thereof during his lifetime. If, on the
 
 PROPERTY AT COMMON LAW. 
 
 273 
 
 other hand, the husband survive the wife, her leasehold property Lately, if ho 
 
 belongs to him absolutely. It is, moreover, liable for his debts 
 
 and subject to forfeiture to the Crown on his outlawry. 
 
 At common law a married woman's personal chattels belong Personal 
 
 absolutely to the husband, and can be disposed of by him as his belong abso- 
 
 absolute property, whilst they are also subject to his debts. To lately to 
 i • ii, -o , -, i. p l- husband; 
 
 this general rule the wife s paraphernalia forms an exception. ex t a _ 
 
 By "paraphernalia" is meant such apparel and ornaments as phemalia. 
 are suitable to her rank and degree. The husband may dispose 
 of his wife's paraphernalia during his life, but not by will ; 
 it is also subject to his debts where there is a deficiency of 
 assets. Black. Com. ; Campion v. Cotton, 17 Yes. 263. Old 
 family jewels are not included in the term. Jervoisev. Jervoise, 
 17 Beav. 570. See also Laing v. Walker, 61 L. T. 527. And 
 see as to paraphernalia and wedding presents, Williams v. Merrier, 
 9 Q. B. D. 337; 10 App. Cas. 1 ; and In re Jamieson, Ex parte 
 Pannell, 60 L. T. 159 ; 37 W. K. 464. 
 
 As to the wife's choses in action, the husband is only entitled Choses in 
 thereto if he has reduced them into possession during the cover- to nus band 2 
 ture, so that the wife is entitled to such choses in action in the ]ie has re- 
 event of no such reduction into possession and of her surviving during 
 the husband. " The rule of law is that a married woman can coverture - 
 make no contract, but that choses in action may be given to her 
 either before or after the marriage, and that if there be a chose 
 in action given to the wife even after marriage, then the husband 
 may sue for that either in his own name or that of his wife, but 
 if he does not do anything to reduce the chose in action into 
 possession, if the wife survives, it becomes her property." Per 
 Lord Justice Hellish in Lloyd v. Pughe, L. R. 8 Ch. 88 ; 28 
 L. T. 250. If, on the other hand, the husband survive the wife, If he survive, 
 he is entitled to her choses in action not so reduced in possession ac ti n not 
 (/ait administrator to her effects, her administrator being, how- reduced be- 
 
 ... pi long to hun. 
 
 ever, entitled to such choses in action, in the event of the 
 husband's death without his having administered. 
 
 As to the wife's reversionary choses in action, a married Winn wife 
 woman may, with her husband's concurrence and by duly reversionary 
 acknowledged deed, dispose of all reversionary interests in per- dl0 . se8 lu 
 sonalty to which she or her husband in her right is entitled 
 under any instrument (other than her marriage settlement) 
 made after the 31st December, 1857, and which she is not 
 restrained from alienating. 20 & 21 Yict. c. ">7. 
 
 M . T
 
 274 EXECUTION IN RELATION TO MARRIED WOMEN. 
 
 Husband's The right of the husband to the reversionary property of his 
 
 reversionary w ^ e depends upon whether it falls into possession during or 
 property of after coverture. See this subject discussed in Lush on Law of 
 Husband and Wife, p. 50. The husband has, of course, no 
 interest in property held by the wife in autre droit. 
 Widow's As to a wife's interest in her husband's property, a widow 
 
 -when married whose marriage took place on or before the 1st of January, 1834, 
 ^ efor ® -?^y er is entitled to dower [i. e., a life interest in a third] out of any 
 estate of inheritance of which the husband was solely seised and 
 of which any issue of the wife might have been heir ; and this 
 right having once attached to lands adhered to them notwith- 
 standing alienation by the husband, and was independent of his 
 debts. It extended to incorporeal hereditaments but not to 
 equitable estates. 2 Black. Com. ; Co. Litt. 31 ; 1 Stephen's 
 Com. A widow's dower in gavelkind lands consists of a moiety 
 but continues only during widowhood and chastity. Co. Litt. 
 when married 31 a. As to women married since the 1st January, 1834, by 
 Act 1833. the Dower Act, 1833 (3 & 4 Will. 4, c. 105), widows are to be 
 entitled to dower out of equitable estates (sect. 2) ; seisin is not 
 necessary to give title to dower, when a husband shall have been 
 entitled to a right of entry or action in any land and his widow 
 would be entitled to dower thereout if he had recovered posses- 
 sion thereof, provided such dower be sued for and obtained within 
 the period during which such right of entry or action might be 
 enforced (sect. 3) ; but no widow shall be entitled to dower out 
 of any land absolutely disposed of by her husband in his lifetime 
 or by his will (sect. 4) ; and all partial estates and interests, and 
 all charges created by any disposition or will of a husband, and 
 all debts, incumbrances, contracts and engagements, to which 
 his land shall be subject or liable, shall be effectual as against 
 his widow's right to dower (sect. 5) ; whilst dower may be barred 
 by a declaration to that effect in a deed (sect. 6), or in the hus- 
 band's will (sect. 7), and in the absence of a contrary intention 
 in his will, by a husband's devise to his widow of any real estate 
 wherein she would otherwise be entitled to dower (sect. 9). In 
 the absence, however, of a like contrary intention his bequest of 
 personal estate to her shall not bar her dower (sect. 10). More- 
 over, a widow's right to dower shall be subject to any restrictions 
 contained in her husband's will. (Sect. 8.) But an agreement 
 Right of not to bar dower may be enforced. (Sect. 11.) A wife has also 
 
 in copyhold an interest, termed her freebench, in her husband's copyhold 
 lands. lands, where, as is usually the case, a special custom exists in
 
 PROPERTY AT COMMON LAW. 275 
 
 that behalf. Freebench usually consists of a life interest in a 
 divided third part, or sometimes in the whole of his copyhold 
 lands. Freebench is, moreover, unaffected by the husband's 
 debts, but it does not usually attach until his death and may be 
 therefore barred by his devise of the lands. The Dower Act 
 does not extend to copyhold property or freebench. 
 
 For particulars of the wife's interest in her husband's Wife's in- 
 personal property on intestacy, see the Statutes of Distri- personal 
 
 bution, 22 & 23 Car. 2, c. 10 ; 29 Car. 2, c. 3, s. 24 ; and 1 Jac. 2, property, if 
 
 husband dies 
 
 c. 17, s. 7, as qualified by the Intestates Estates Act, 1800 (53 intestate. 
 
 & 54 Vict, c. 29). 
 
 As to husband and wife's disposition of their property from Disposition of 
 one to the other during marriage, and as to property in the ^ U gbandand 
 mixed possession of both parties, see Lush's Law of Husband wife to one 
 and Wife, pp. 207 to 212, and subsequent applicable decisions. \ n g marriage. 
 
 In the case of persons married prior to the Married Women's Husband 
 Property Act, 1870, the husband was liable for his wife's ante- ^eWte- 
 nuptial debts absolutely, whilst for her debts incurred during nuptial 
 
 ,i tit i-n i t l when married 
 
 coverture he was liable on a presumption ot agency at least so before is?o ; 
 far as regards necessaries and household matters where the and during 
 husband and wife lived together ; but this presumption may be necessaries- 
 rebutted by evidence that the wife was not authorized to pledge 
 her husband's credit. See Jolly v. Bees, 15 C. B. N. S. 628 ; 33 
 L. J. C. P. 177; Debenham v. Mellon, 6 App. Ca. 24; 50 L. J. 
 Q. 13. 155 ; 43 L. T. 673 ; and the latest case on the subject, 
 Jenhinson v. Bullock, 8 T. L. P. 61. In the event of separation, and during 
 a case of necessity may arise which would make the husband ^^ \'. n J,^ 
 prima facie liable, as where he deserts his wife, or has by his 
 conduct compelled her to live apart from him without properly 
 providing for her. See the judgment of Selborne, L. C, in 
 Debenham v. Mellon, 6 App. Ca. 31. Where the wife has com- 
 mitted adultery, without the connivance of her husband and he 
 has not condoned it, he is not liable for her support. Culley v. 
 Charman, 7 Q. B. D. 8!) ; Wilson v. Glossop, 20 Q. B. D. 354. 
 But "ever since the doctrine of separate use has been established, But since 
 a married woman has been considered in respect of her separate estaMshed 6 
 estate as a feme sole, and capable of making herself liable upon wit ' r liable in 
 all contracts entered into by her with reference to it." Per 
 Cotton, L. J., in Butler v. Butler, 16 Q. B. D. 379. If the 
 creditor, in fact, gives credit to the wife, the husband cannot be 
 made liable and the contract will bind the separate estate under 
 
 t2
 
 276 
 
 EXECUTION IN RELATION TO MARRIED WOMEN. 
 
 Husband 
 cannot re- 
 cover ante- 
 nuptial loans ; 
 but may re- 
 cover post- 
 nuptial. 
 
 the provisions of the Married Women's Property Act, 1893, s. 1, 
 extending the corresponding section of the Act of 1882. See 
 post, p. 280. 
 
 As to advances made by a husband to his wife, he cannot 
 maintain an action against her to recover out of her separate 
 estate ante-nuptial loans and advances. But he can recover 
 from her money which after their marriage he has advanced to 
 her on a contract by her, either express or implied, to repay it 
 out of her separate estate, and such right has not been affected 
 by the Married Women's Property Act, 1882. Butler v. Butler, 
 14 Q. B. D. 831 ; 16 Q. B. D. 374. 
 
 Modification 
 
 of common 
 
 law by 
 
 Married 
 
 Women's 
 
 Property 
 
 Acts. 
 
 Property under Married Women's Property Acts. 
 
 The common law is now modified by the Married Women's 
 Property Acts of 1870, 1874, 1882, and 1893 (33 & 34 Vict. 
 c. 93 ; 37 & 38 Vict. c. 50 ; 45 & 46 Vict. c. 75 ; and 56 & 57 
 Vict. c. 63). The two earlier Acts have been repealed by the 
 Act of 1882, but owing to the saving clause they are still of 
 some practical importance. By the operation of these Acts 
 there are now four classes of married women, viz. : — 
 
 (1) Those women married prior to the passing of the Married 
 
 Women's Property Act, 1870 (9th August, 1870). 
 
 (2) Those married after the passing of the Married Women's 
 
 Property Act, 1870, and before the passing of the 
 Married Women's Property Act, 1874 (30th July, 
 1874). 
 
 (3) Those married after the passing of the Married Women's 
 
 Property Act, 1874, and before the passing of the 
 Married Women's Property Act, 1882 (1st January, 
 1883). 
 
 (4) Those married since the passing of the Married Women's 
 
 Property Act, 1882. 
 The subject will be dealt with generally under the heading of 
 the first class, showing in what respects the common law has 
 been affected by the Married Women's Property Acts and sub- 
 sequently the distinctions between the different classes will be 
 pointed out.
 
 PROPERTY UNDER MARRIED WOMEN'S PROPERTY ACTS. 277 
 
 (1) Women married prior to the passing of the Married Women's 
 Property Act, 1870 (9th August, 1870). 
 
 By the Married Women's Property Acts the common law 
 has been amended in the following respects: — 
 
 (a) Wages and earnings of a married woman acquired by her (a) Earnings 
 after the 9th August, 1870, in any employment, occupation, or mentTther'eof 
 trade, which she carried on separately from her husband, and to be separate 
 all investments of such wages, earnings, or money so acquired 
 
 are her separate property. Married Women's Property Act, 
 1870, s. 1, re-enacted by the Married Women's Property Act, 
 1882, s. 5. The law on this point, apart from the Acts, will be 
 found in the judgment of Malins, V.-C, in AaJticort/t v. Outram, 
 5 Ch. D. 923 ; 4G L. J. Ch. 687. As to what is sufficient to 
 constitute a separate business, see Ashworth v. Outram, supra ; 
 Love/I v. Newton, 4C.P.D.7; 39 L. T. 609 ; In re Beamier, 
 James v. Dearmer, 53 L. T. 905 ; W. N. (1885) 212 ; Laporte 
 v. Oostick, 31 L. T. 434; 23 W. E. 131. It is, however, a 
 question to be determined on the evidence. 
 
 (b) Deposits in a savings bank, annuities granted by the com- (b) Deposits 
 missioners for the reduction of the National Debt (Married banks and 
 Women's Property Act, 1870, s. 2), and, under certain condi- property in 
 tions, money in the funds, not being less than 20/. (sect. 3), deemed 
 fully paid-up shares, debentures, debenture stock, or stock in or property 
 
 of an incorporated or joint stock company (sect. 4), shares, 
 benefits, debentures, &o. in a friendly, benefit building, or loan 
 society (sect. 5) are her separate property. These provisions Extension by 
 have been amended and extended by sect. 6 of the Married 
 Women's Property Act, 1882, which enacts that all deposits in 
 savings banks, or any other bank, all annuities granted by the 
 above-named commissioners or by any other persons, all sums 
 forming part of the public stocks or funds or of any other stock 
 or funds transferable in the books of the Bank of England, or 
 of any other bank, which, on the 1st of January, 1883, were 
 standing in the sole name of a married woman, and all shares, 
 stock, debentures, debenture stock, or other interests of or in any 
 corporation, company, or public body, municipal, commercial, or 
 otherwise, or of or in any industrial, provident, friendly, benefit, 
 building, or loan society which on the last named day stood in 
 her name, are to be deemed, until the contrary be shown, to be 
 her separate property; and the fact that any such deposit, 
 annuity, sum forming part of the public stocks or funds, or of
 
 278 
 
 EXECUTION IN RELATION TO MARRIED WOMEN. 
 
 (c) Real and 
 personal pro- 
 perty, if title 
 accrued after 
 18S2 Act, to 
 be separate 
 property ; 
 
 but not sepa- 
 rate property 
 if title ac- 
 quired before 
 
 Act. 
 
 (d) Married 
 woman to be 
 capable of 
 holding and 
 disposing of 
 property as a 
 ft me sole. 
 
 Sect. 1, 
 Bub-s. 1, held 
 not to apply 
 to property 
 ac [ui red 
 before 1S82 
 Act. 
 
 any other stocks or funds transferable in the books of the Bank 
 of England, or of any other bank, share, stock, debenture, de- 
 benture stock, or other interest as aforesaid, is standing in the 
 sole name of a married woman shall be sufficient prima facie 
 evidence that she is beneficially entitled thereto for her separate 
 use. Sect. 7 extends this to such stock, &c. as is after the com- 
 mencement of the Act transferred, &c. into her name, and sect. 8 
 to stock standing in her name jointly with that of some other 
 person, not being her husband. 
 
 (c) All real and personal property, her title to which, whether 
 vested or contingent, and whether in possession, reversion, or 
 remainder should accrue after the 1st of January, 1883, is her 
 separate property. Married Women's Property Act, 1882, s. 5. 
 
 In Reid v. Eeid, 31 Ch. D. 402 ; 54 L. T. 100 ; 55 L. J. Ch. 
 294, it was held that if a woman, married before the commence- 
 ment of the Act, had, before that date, acquired a title, whether 
 vested or contingent, and whether in reversion or remainder, to 
 any property, such property is not made her separate estate 
 though it falls into possession after the Act. See also In re 
 Adame's Trusts, 54 L. J. Ch. 878 ; 53 L. T. 198. But in In re 
 Parsons, Stockley v. Parsons, 45 Ch. D. 51 ; 59 L. J. Ch. 666 ; 
 62 L. T. 929, it was held that a mere spes succcssionis is not a 
 title in English law, and that a woman who had a prospect of 
 succeeding as one of a class of possible next of kin, had not a 
 contingent title within the above section. 
 
 (d) By sect. 1, sub-sect. 1 of the Married Women's Property 
 Act, 1882, a married woman is, in accordance with the provisions 
 of that Act, capable of acquiring, holding, and disposing by will 
 or otherwise, of any real or personal property as her separate 
 property, in the same manner as if she were a feme sole, without 
 the intervention of any trustee. The generality of this section 
 is cut down by the words " in accordance with the provisions of 
 this Act " and it has been held in In re Cuno, Mansfield v. 
 Mansfield, 43 Ch. D. 12; 62 L. T. 15, that this section must, 
 in the case of a woman married before the Act, be read in con- 
 nection with sect. 5 (ante), and that it does not give such a 
 woman power to dispose of property not falling within the scope 
 of this latter section. In In re Harris' Settled Estates, 28 Ch. 
 D. 171, it was held that in the case of such women the section 
 applied to property acquired after the commencement of the Act 
 only, and therefore in proceedings under the Settled Estates Act, 
 1877, relating to property acquired previously to that date she
 
 PROPERTY UNDER MAKRIKD WOMEN'S PROPERTY ACTS. 279 
 
 must still be separately examined. In the ease of women married 
 since the Act, and in eases where the title to the property accrued 
 after the Act though the woman married before the Act, the 
 acknowledgment by the wife or concurrence of the husband 
 required by sect. 40 of the Fines and Recoveries Act does not 
 appear to be necessary, lie Drummond and Dade's Contract, 
 [1891] 1 Ch. 524; 60 L. J. Ch. 258; 64 L. T. 246. 
 
 Restraints on anticipation are still preserved, and settlements Restraints on 
 are protected, as to which, see post, p. 280. and settle- 11 
 
 The power given to a married woman to dispose by will of m ents pre- 
 
 served. 
 
 property extends only to property of which she is seised or p ower ' to 
 possessed while she is under coverture ; consequently her will, dispose by- 
 made during coverture, is not, unless she re-execute it after she extends to 
 
 is discovert, effectual to dispose of property which she acquires property in 
 
 •*■ x *- , ± possession 
 
 after the coverture has ceased. In re Price, Stafford v. Stafford, during 
 
 28 Ch. D. 709 ; 54 L. J. Ch. 509 ; 52 L. T. 430 ; In re Young, co ™ rture - 
 
 Tnje v. SaUkan, 28 Ch. D. 705 ; 52 L. T. 754. A will made 
 
 before the Act by a woman having at the time capacity to make 
 
 a will is effectual to pass separate property subsequently acquired 
 
 under the provisions of the Act without re-execution. In re 
 
 Bourn, James v. James, [1892] 2 Ch. 291 ; 61 L. J. Ch. 432. 
 
 It appears that this general enactment does not repeal a section 
 
 in a prior Act expressly disabling a married woman from doing 
 
 certain acts, as e.g., from giving by will land and chattels 
 
 towards the erection of churches. In re Smith's Estate, 
 
 Clements v. Ward, 35 Ch. D. 589; 56 L. J. Ch. 726; 56 L. T. 
 
 850. As to the proper form of probate, see In bonis Price, 12 
 
 P. D. 137 ; 50 L. J. P. 72 ; 57 L. T. 497. 
 
 (e) By sect. 1, sub-sect. 2, of the Harried Women's Property (e) Married 
 
 Act, 1882, "A married woman shall be capable of entering into ^p™^ *f 
 
 and rendering herself liable in respect of, and to the extent of, contracting as 
 i , . ii-iP' ii- a f eme s °i c > 
 
 ner separate property on any contract, and ot suing and being 
 
 sued, either in contract or in tort, or otherwise, in all respects as 
 
 if she were a feme sole, and her husband need not be joined 
 
 with her as plaintiff or defendant, or be made a party to any 
 
 action or other legal proceeding brought by or taken against 
 
 her ; and any damages or costs recovered by her in any such 
 
 action or proceeding shall be her separate property, and any 
 
 damages or costs recovered against her in any such action or 
 
 proceeding shall be payable out of her separate property and not 
 
 otherwise." This sub-section does not render a married woman 
 
 personally liable. Draycott v. Harrison, 17 Q. B. I). 147; Scott
 
 280 
 
 EXECUTION IN RELATION TO MARRIED WOMEN. 
 
 but cannot 
 contract 
 except in 
 respect of 
 separate 
 property. 
 
 Effect of 1893 
 Act (amend- 
 ing 1882 Act) 
 on contracts 
 by married 
 
 Judgment 
 against 
 married 
 woman. 
 
 No restriction 
 on anticipa- 
 tion in settle- 
 ment made by 
 married 
 woman valid 
 against ante- 
 nuptial debts. 
 
 Settlement, 
 &c, by mar- 
 ried woman 
 not to have 
 greater 
 validity 
 against 
 creditors than 
 by a man. 
 
 v. Morley, 20 Q. B. D. 120 ; 57 L. J. Q. B. 43. She cannot 
 contract, except in respect of her separate property, and it was 
 held that under the Married Women's Property Act, 1882, 
 a plaintiff's action would fail if he could not prove that she had 
 separate property at the time when the contract was entered 
 into. Palliser v. Gurney, 19 Q. B. D. 519; 56 L. J. Q. B. 
 546; In re Shakespeare, Deakin v. Lakin, 30 Ch. D. 169; 55 
 L. J. Ch. 44 ; 53 L. T. 145 ; Leak v. Driffield, 24 Q. B. D. 98 ; 
 59 L. J. Q. B. 89 ; Sforjdon v. Lee, [1891] 1 Q. B. 661 ; 60 
 L. J. Q. B. 669 ; Braunstein v. Lewis, 65 L. T. 449 ; Pelton 
 Brother* v. Harrison, [1891] 2 Q. B. 422. But now sect. 1 of 
 the Act of 1893 (repealing sect. 1, sub-sects. 2 and 4 of the Act 
 of 1882) provides that every contract hereafter entered into by 
 a married woman, otherwise than as agent, (a) shall be deemed 
 to be a contract entered into by her with respect to and to bind 
 her separate property whether she is or is not in fact possessed 
 of or entitled to auy separate property at the time when she 
 enters into such contract ; (b) shall bind all separate property 
 which she may at th t time or thereafter be possessed of or 
 entitled to ; and (c) shall also be enforceable by process of law 
 against all property which she may thereafter while discovert 
 be possessed of or entitled to ; Provided that nothing in this 
 section contained shall render available to satisfy any liability 
 or obligation arising out of such contract any separate property 
 which at that time or thereafter she is restrained from antici- 
 pating. 
 
 For the form of judgment against a married woman under 
 the Act of 1882, see Scott v. Morley, 20 Q. B. D. 120, at 
 p. 132. 
 
 Sect, 19 of the Married Women's Property Act, 1882, after 
 providing for the protection of existing and future settlements 
 and restrictions on anticipation, enacts that no restriction on 
 anticipation, contained in any settlement or agreement for a 
 settlement of a woman's own property to be made or entered 
 into by herself, shall have any validity against debts contracted 
 by her before marriage, and no settlement or agreement for a 
 settlement shall have any greater force or validity against the 
 creditors of such woman than a like settlement or agreement 
 for a settlement made or entered into by a man would have 
 against his creditors. This section, so far as it affects the validity 
 of a settlement or an agreement for a settlement as against the 
 creditors of a married woman, is not retrospective. Therefore
 
 PROPERTY UNDER MARRIED WOMEN'S PROPERTY ACTS. 281 
 
 execution cannot issue against property settled before the com- 
 mencement of the Act, to the separate use of a married woman 
 without power of anticipation. Smith v. Whitlock, 55 L. J. Q. B. 
 286 ; 34 TV. 11. 414. Where property is settled to the separate 
 use of the wife, hut without any restraint on anticipation, this 
 section does not protect it from the trustee in her bankruptcy. 
 In re Armstrong, E.r parte Boyd, 21 Q. B. J). 264 ; 57 L. J. Q. B. 
 553. See also on this section Beckett v. Tasker, 19 Q. B. D. 7, 
 and Hemingway v. Braithwaite, 61 L. T. 224. Where a married 
 woman who had separate property subject to a restraint on 
 anticipation incurred a liability and was sued after the death of 
 her husband, it was held that the removal of the restraint by the 
 death of the husband did not make the property liable. Pe/ton 
 Bros, v. Harrison, [1891] 2 Q. B. 422 ; 60 L. J. Q. B. 742 ; 65 
 L. T. 514 ; 39 W. R. 689. 
 
 The protection given by restraint on anticipation has been Costs may be 
 removed in one instance by section 2 of the Act of 1893, which ^"^tot* 
 provides that in any action or proceeding instituted by a married property, 
 
 SUDlOCt to 
 
 woman the Court may order payment of the costs of the opposite restraint on 
 
 party out of property which is subject to a restraint on anticipa- anticipation. 
 tion and may enforce such payment by the appointment of a 
 receiver, and the sale of the property or otherwise. 
 
 Section 13 of the Married Women's Property Act, 1882, pro- Married 
 
 vides that the wife shall continue liable in respect and to the f or ante- 
 
 extent of her separate estate for her ante-nuptial debts. In the nu ptial debts, 
 
 case of marriages before the 9th August, 1870, the husband is ^^jj 50 
 
 also liable for these debts. Section 14 of the Married Women's married 
 
 Property Act, 1882, contains a provision that nothing in that Act Act. 
 shall operate to increase or diminish the liability of any husband 
 married before the Act in respect of such debts and liabilities. 
 
 (f) The Married Women's Property Act, 1882, also contains (f) Other 
 
 provisions relating to the remedies of married women for the iss^Ac?* 5 ° 
 
 protection of their property (sect. 12), to the bankruptcy of relating to 
 
 married women who carry on separate trades (sect. 1 (5)), to bankruptcy, 
 
 loans by the wife to the husband (sect. 3), to the effect of execu- &0 " of mamed 
 
 J ... women, 
 
 tion of general powers (sect. 4), to investments in the joint names 
 
 of married women and others (sect. 9), to fraudulent investments 
 with the moneys of the husband (sect. 10), to policies of insur- 
 ance (sect. 11), to criminal proceedings for acts done by the 
 wife with respect to any property of the husband (sect. 16), to 
 the summary determination of questions between the husband and 
 wife as to property (sect. 17), to powers to act either as executrix
 
 282 
 
 EXECUTION IN RELATION TO MARRIED WOMEN. 
 
 or trustee (sect. 18), to the maintenance of pauper husband and 
 children (sects. 20 and 21), and to the representation of the wife's 
 estate after her death (sect. 23). These matters are, however, 
 beyond the scope of this work, and the reader is referred to the 
 Acts of 1870 and 1882, Lush on Husband and Wife, and 
 Addison on the Law of Contracts, 9th ed. 
 
 Additional 
 separate 
 property of 
 woman 
 married after 
 1870 Act. 
 
 (2) Women married on and after the 9th of August, 1870, and 
 before the 30M of Jut//, 1874. 
 
 A woman married between these dates has in addition to the 
 property enumerated in the last class the following properties 
 as separate estate, viz. : — (a) Any personal property coming to 
 her as next-of-kin of an intestate. Married Women's Property 
 Act, 1870, s. 7. (b) Any sum of money, not exceeding 200/., 
 coming to her under a deed or will. lb. (c) Where any free- 
 hold, copyhold, or customaryhold property descends upon any 
 woman as heiress, the rents and profits belong to her for her 
 separate use. Married Women's Property Act, 1870, s. 8. In 
 each case such property shall become her separate property 
 without prejudice to the trusts of any settlement. She cannot 
 pass the fee-simple in such real estate by an unacknowledged 
 deed. Johnson v. Johnson, 35 Ch. D. 315 ; 56 L. T. 163 ; 56 
 L. J. Ch. 326. In those cases where such property as above 
 mentioned comes to or descends upon the wife on or after the 
 1st January, 1883, the Act of 1882, as we have already seen, 
 applies. 
 
 Husbands who have married between the 9th August, 1870, 
 (inclusive) and the 30th July, 1874, are not liable for their 
 wives' ante-nuptial debts. Married Women's Property Act, 
 1870, s. 12. 
 
 (3) Women married on and after the ?>0th of Jul//, 1874, and 
 
 before the 1st of January, 1883. 
 
 These women are in every respect, except one, subject to the 
 Husband same laws as govern the second class. The one exception is 
 wife's ante- ^ na ^ ^ ne husband is liable for his wife's ante-nuptial debts to 
 nuptial debts the amount of any assets he may have received from her. The 
 assets received assets in respect of and to the extent of which the husband is 
 from her. liable are given in detail in sect. 5 of the Act of 1874, but are 
 not of sufficient practical importance to be set out here. 
 
 Husbands 
 married 
 between 1870 
 and 1874 Acts 
 not liable for 
 wife's ante- 
 nuptial debts.
 
 PROPERTY UNDER MARRIED WOMEN'S PROPERTY ACTS. 283 
 
 (4) Women married on or offer the 1st of January, 1883. 
 
 Sect. 2 of the Married "Women's Property Act, 1882, enables Property of 
 every woman who marries on or after the above-mentioned date wom ? n 
 
 J married alter 
 
 to have and to hold as her separate property and to dispose of 1882 Act to 
 all real and personal property which shall belong to her at the a s afeme^sou! 
 time of marriage, or shall be acquired by or devolve upon her 
 after marriage, including any wages, earnings, money and pro- 
 perty gained or acquired by her in any employment, trade, or 
 occupation in which she is engaged, or which she carries on 
 separately from her husband, or by the exercise of any literary, 
 artistic, or scientific skill. This must be read in conjunction Protection of 
 
 with sect. 19, which protects settlements and restraints on set t lem <; nt . s 
 
 7 *- and restraints 
 
 anticipation. But apart from settlements and agreements for onanticipa- 
 settlements, the husband, who has married since the commence- " 
 
 „. . . . Husband 
 
 ment ot the Act, takes no interest m his wife s property takes no in- 
 during her life ; but there is nothing which deprives him of an ^j^t* Hf"^ 
 estate by the curtesy in his wife's undisposed-of real estate, but not de- 
 Hope v. Hope, [1892] 2 Ch. 336 ; 61 L. J. Ch. 441 ; 6Q L. T. P rived of 
 522; 40 W. R. 522. curtesy " 
 
 By sect. 14 of the Married "Women's Property Act, 1882, a Husband 
 husband is liable for his wife's ante-nuptial debts and liabilities ^fe'Vanfce- 
 to the extent of all property which he acquires or becomes nuptial debts 
 entitled to from or through his wife, after deducting therefrom propertTre - 
 any payments made by him, and any sums for which judgment ceivedfrom 
 may have been bona fide recovered against him in any proceed- 
 ing at law, in respect of any such debts, contracts or wrongs for 
 or in respect of which his wife was liable before her marriage ; 
 but he shall not be liable for the same further or otherwise. 
 Power is given to any Court in which a husband may be sued 
 to direct an inquiry to ascertain the nature and amount of such 
 property. Sect. 15 contains provisions for suing a husband and 
 wife jointly in respect of such debts and liabilities. A judg- 
 ment recovered against the wife is no bar to an action against 
 the husband. Beck v. Pierce, 23 Q. B. D. 316 ; 58 L. J. Q. B. 
 516; 61 L. T. 448. The Statute of Limitations runs in the 
 husband's favour from the date of the debt, and not from the 
 date of the marriage. lb.
 
 284 EXECUTION IN EELATION TO MAEEIED WOMEN. 
 
 Settlements. 
 
 It not being within the scope of this work to deal with mar- 
 riage settlements, the reader is referred for information thereon 
 to the standard works on the subject. As to avoidance of 
 settlements in bankruptcy, see under title " Bankruptcy — 
 Voluntary Dispositions of Property," post, p. 371.
 
 285 
 
 Chapter XXIII. 
 
 landlord's claim for rent. 
 
 The landlord lias the right to distrain upon his tenant's goods Right of 
 for rent due, that is, he may, without the assistance of any process ^^0 for 
 of law, seize and sell the tenant's goods and so pay himself for rent due » 
 rent due. This right is limited and regulated by the Agricul- 
 tural Holdings Act, 1883, the Law of Distress Act Amendment 
 Act, 1888, and numerous other Acts and decisions which will 
 he found discussed at length in TVoodfall's Landlord and Tenant. 
 It is, moreover, subject to one qualification, of great practical unless goods 
 importance to sheriffs and their officers, which is, that a landlord of^tne law.° * 
 cannot distrain upon goods in the custody of the law, and there- 
 fore seizure by the sheriff under a writ of execution suspends 
 this security for the payment of rent, so far as the goods so 
 seized are concerned, for so long a time as the goods remain in 
 the actual and complete possession of the sheriff. Blades v. 
 Arundale, 1 M. & S. 711. 
 
 But when this possession has ceased, the right to distrain again When pos- 
 arises, as where, after the making of an interpleader order, the cc^t!". right 
 sheriff, with the consent of the execution creditor and the to distrain 
 claimant, temporarily withdrew from possession, it was held 
 that the landlord was entitled to distrain on the goods, even 
 though he knew of the interpleader proceedings, for the goods 
 were no longer in the custody of the law. Cropper v. Warner, 
 1 0. & E. 152; and see Cooper v. Asprey, 3 B. & S. 932; 32 
 L. J. Q. B. 209. So also goods are distrainable which are left 
 on the premises after a fraudulent bill of sale made under an 
 execution. Smith v. Russell, 3 Taunt. 400 ; see Heed v. Thoyts, 
 6 M. & W. 410 ; 8 D. P. C. 410. So also if the sheriff sell and 
 the purchaser leaves the goods on the premises for an unreason- 
 able time. Ex parte Pollen, Re Davis, 55 L. J. Q. B. 217 ; 54 
 L. T. 304 ; 34 TV. R. 442 ; following the earlier cases, Blades 
 v. Arundale, 1 M. & S. 711 ; Peacock v. Purvis, 2 Brod. & B. 
 302; White v. Bin-stead, 13 C. B. 304; 22 L. J. C. P. 115. 
 
 again arises.
 
 286 
 
 landlord's claim for rent. 
 
 In what cases 
 no goods, &c. 
 to be taken in 
 execution, 
 
 unless execu- 
 tion creditor 
 pays rent due 
 not exceeding- 
 one year's 
 arrears. 
 
 Sheriff, &c. 
 empowered to 
 pay rent so 
 paid to execu- 
 tion creditor. 
 
 Sheriff liable 
 if goods are 
 removed 
 before rent 
 due secured. 
 
 Nor does this exemption apply to fraudulent or irregular exe- 
 cution. Blades v. Arundale, supra ; Smith v. Russell, supra ; 
 St. Johns College v. Murcott, 7 T. E. 259. 
 
 Landlords being thus liable to be deprived of their remedy by 
 the action of other creditors, the statute 8 Anne, c. 14 (a) was 
 passed for their protection, sect. 1 of which enacts " No goods or 
 chattels whatsoever, being in or upon any messuage, lands or 
 tenements, which are or shall be leased for life or lives, term of 
 years, at will or otherwise, shall be liable to be taken by virtue 
 of any execution, on any pretence whatever, unless the party at 
 whose suit the said execution is sued out, shall, before the removal 
 of such goods from olf the said premises, by virtue of such exe- 
 cution or extent, pay to the landlord of the said premises or his 
 bailiff, all such sum or sums of money as are or shall be due for 
 rent for the said premises at the time of the taking such goods 
 or chattels by virtue of such execution ; provided the said arrears 
 of rent do not amount to more than one year's rent ; and in case 
 the said arrears shall exceed one year's rent, then the said party, 
 at whose suit such execution is sued out, paying the said land- 
 lord or his bailiff one year's rent, may proceed to execute his 
 judgment, as he might have done before the making of this 
 Act, and the sheriff or other officer is hereby empowered and 
 required to levy and pay to the plaintiff as well the money so 
 paid for rent as the execution money." Under this statute, 
 the sheriff is not bound to inquire whether rent is or is not owing 
 to the landlord, but should the latter give him notice that it is 
 due he will be liable in an action for damages should he permit 
 the goods seized to be removed from the premises without first 
 securing the payment of the rent due to an extent not exceeding 
 one year's arrears. Andreas v. Dixon, 3 B. & A. 645. " Con- 
 struing the Act as it has been hitherto construed, it means that 
 the sheriff is not to remove the goods, unless the rent has been 
 first paid by somebody ; if he does, he is liable to an action by 
 the landlord." Per Parke, B., in Riseley v. Ryle, 11 M. & W. 
 16, 20, cited by Lord Denman, C. J., in Cocker v. Musgrove, 15 
 L. J. Q. B. 368. As to the sufficiency of the notice see Colijer 
 v. Speer, 2 Brod. & B. 67. Seville, the mere knowledge of the 
 sheriff that rent is due is sufficient ; at all events, the sheriff 
 would not be wise in neglecting to make inquiry if he had such 
 knowledge. But see Thomas v. Mirehouse, 19 Q. B. D. 563, 
 
 {a.) 8 Anno, c. 18, Statutes of the Bealm.
 
 landlord's claim for rent. 287 
 
 where the Court of Appeal appears to have thought notice neces- 
 sary. Upon receiving such notice the sheriff should inquire as 
 to the truth, and, if possible, inspect the lease. Augustien v. 
 Chattis, 1 Ex. 279. He should also give the execution creditor Sheriff should 
 notice that the rent is in arrear and that he must pay the amount locution 
 to the landlord. A form for this notice is given in the 15th edit, creditor that 
 Woodfall, App. D., No. 14. That form, which is reprinted by arrear. 
 
 permission, is as follows : — Form of 
 
 notice. 
 
 Form of Notice by the Sheriff to the Execution Creditor that rent 
 
 is owing. 
 
 In the High Court of Justice, 
 Division. 
 
 Between A. B., Plaintiff 
 
 and 
 CD., - - - - - Defendant. 
 
 Take notice, that the sum of £ is due and owing from the 
 
 above-named defendant to his landlord I. Iv., of Esq. for [one 
 
 year's or one half-year's rent or one quarter's] rent, due on the 
 day of last, for and in respect of the [house or farm, land 
 
 and] premises situate at , in the county of , now in the 
 
 occupation of the said defendant, and upon which certain goods 
 and chattels have been seized by the sheriff of under the writ 
 
 of fieri facias issued in this action [and the said sheriff has had 
 notice of such arrears of rent (b) ] : Now I do hereby, as the agent 
 of the said sheriff and on his behalf, give you notice that unless 
 the above-named plaintiff do forthwith pay the arrears of rent 
 due to the said landlord, either to him or to his bailiff, pursuant 
 to the statute in such case made and provided, the said sheriff will 
 withdraw from possession of the said goods and chattels under the 
 said writ. 
 
 Dated this 
 
 day of 
 
 ) 
 
 18 . 
 
 
 
 Yours, 
 
 &c. 
 
 ) 
 
 
 
 L. 
 
 M. 
 
 of 
 Agent of the sheriff of 
 
 To the 
 
 above 
 
 -named plaintiff, 
 
 and to ) 
 
 Mr. 
 
 » 
 
 his sohcitor or agent. j 
 
 If the execution creditor does not comply with this notice by if execution 
 paying the rent due (not exceeding one year's arrears), the safer credi,or d , oes 
 
 • o i i •<* i not comply, 
 
 course is for the sheriff to withdraw at once and make a return sheriff should 
 of nulla bona unless he can find other goods of the debtor within wlthdTav 5 
 
 (b) Omit this if inaccurate. Express notice to the sheriff appears to bo 
 unnecessary ; it is sufficient if ho knows of the arrearsof rent. He should 
 inspect the lease, and obtain legal proof of the arrears due.
 
 283 
 
 landlord's claim for rent. 
 
 but he may 
 execute and, 
 after paying 
 rent, pay 
 surplus to 
 execution 
 creditor. 
 
 Statute ap- 
 plies only to 
 rent accrued 
 due, 
 
 and only to 
 
 existing 
 
 tenancies. 
 
 Statute does 
 not apply 
 unless goods 
 actually 
 removed, 
 
 his bailiwick but not on the landlord's premises. Lord Denman, 
 C. J., delivering the judgment of the Court in Cocker v. Mus- 
 grove, 9 Q. B. 235 ; 15 L. J. Q. B. 368, said : " The sheriff is 
 not called upon by law to advance money to pay the rent ; it is 
 plain that such advance must be made by the execution creditor ; 
 and if he neglects to make it, after notice of the rent being due, 
 at all events (and it is not necessary now to say whether notice 
 be requisite) the sheriff cannot be called upon to sell the goods, 
 let their value be what it will. Until the rent be paid, there 
 are no goods out of which the sheriff is bound to levy, that is, 
 which he is bound to sell." The sheriff may, however, if he 
 prefers to do so, proceed with the execution, sell the goods, and 
 out of the proceeds pay the landlord, paying the surplus after 
 payment of rent in satisfaction of the execution ; by so doing 
 he secures his poundage, fees, &c, but incurs considerable risk, 
 as to which, see Woodfall, 15th ed., 528. 
 
 The statute applies to rent accrued due, and not therefore to 
 rent accruing thereafter and during the sheriff's possession. 
 HosMis v. Knight, 1 M. & S. 245. Eent stipulated by a lease 
 to be paid in advance has, however, accrued due. Harrison v. 
 Barry, 7 Price, G90. And under 14 & 15 Yict. c. 25, s. 2, 
 growing crops seized and sold by the sheriff are liable to the ac- 
 cruing rent notwithstanding such seizure and sale for so long as 
 they remain on the premises. The sheriff is not bound to allow 
 the landlord a year's rent where, under the circumstances, it 
 must be taken to have ceased at the time of the execution. 
 Hodgson v. Gascoigne, 5 B. & A. 88. The statute does not 
 apply to other than existing tenancies at a rent certain (Riseley 
 v. Ryle, 10 M. & W. 101), and the sheriff is not liable for re- 
 moving goods taken in execution without first paying to the 
 landlord a year's rent, where the tenancy has determined before 
 the seizure, though within the six months during which the 
 right of distress is preserved by sects. 6 and 7 of the Act. Cox 
 v. Leigh, L. E. 9 Q. B. 333; 43 L. J. Q. B. 123. Moreover, 
 where there are two executions the landlord is not entitled to 
 have a year's rent on each. Bod v. Saxby, 2 Stra. 1024. 
 
 The statute does not apply unless the goods be actually re- 
 moved from the premises. White v. Binstead, 22 L. J. C. P. 
 115. The mere execution of a bill of sale by the sheriff to a 
 purchaser does not amount to a removal (Smallman v. Pollard, 
 1 D. & L. 90 1), but where he receives the proceeds of such a 
 bill of sale he will be ordered to pay the rent out of them.
 
 landlord's claim for rent. 289 
 
 West v. Hedges, Barnes, 211 ; Hinchett v. Kimpson, 2 Wils. 140. 
 It has "been already stated that a sale by the sheriff, if the goods 
 are left on the premises, does not deprive the landlord, of his 
 remedy by distress. The statute does not apply to an execution nor to an 
 by the landlord. Taylor v. Lanyofl, 13ing. 536. In Thur- ia, n ajjjrd- y 
 good v. Richardson, 7 Bing. 428 ; 4 C. & P. 481, it was held to butd 
 be applicable to a case of sub-tenancy, but see also Bennet's case, tenancy " 
 2 Stra. 787, and words of the statute " the landlord of the said 
 premises." 
 
 The words " all goods or chattels whatsoever lying or being Goods of 
 in or upon the premises " include the goods of third parties 0I i pr^jagg 
 (Forster v. Coolson, 1 Q,. B. 419 ; see, however, the Lodgers' 
 Protection Act, 34 & 35 Yict. c. 79), and also, semble, goods 
 which are not liable to distress. See per Parke, B., in Riseley v. 
 Ryle, 11 II. & \V. 10. 
 
 The removal of the goods being the act of the sheriff, he and Sheriff liable 
 not the execution creditor is liable in an action by the landlord. a nV~not° Va ' 
 Riseley v. Ryle, 11 AT. & W. 16; Palgrave v. Windham, 1 Stra. execution 
 21 "J. If, there being no distress by the landlord, the goods are 
 sold by the sheriff under an execution after bankruptcy, he will 
 not, if he has notice of the act of bankruptcy, be justified in pay- 
 ing the landlord out of the proceeds (see Pobson on Bankruptcy, 
 6th ed. 283), though, semble, he may still be liable to the land- 
 lord. Buck v. Braddyll, M'Clel. 217 ; 13 Price, 455 ; Lee v. 
 Lopes, 15 East, 230. This is one of the causes which render it 
 unsafe for the sheriff to proceed after notice that rent is in 
 arrear. 
 
 Though the sheriff is entitled to poundage, he cannot deduct Sheriff cannot 
 it from the rent paid to the landlord. Davies v. Edmonds, 12 31. ageW^" 
 & \V. 31 ; Gore v. Go/ton, 1 Stra. 643. Nor can anything be rent ; 
 deducted in respect of remissions usually granted to the tenant. nor remissions 
 
 A . granted to 
 
 Tmdal, C. J ., says : " The landlord is not bound to make an tenant, 
 abatement to the tenant's creditors because he has chosen to 
 make an abatement to the tenant." Williams v. Lewsey, 8 
 Bing. 28. 
 
 After notice that rent is due to the landlord, if the sheriff Remedy of 
 does not pay over the rent due under this statute (not exceeding ^h^sLriff 
 a year's arrears), but proceeds to levy execution and remove the r 
 goods of the tenant, the landlord's remedy is by summary tog rent. " 
 application to the Court or a judge at chambers that he may be 
 paid what is due to him out of the money levied {Hinchett v. 
 Kimpson, 2 "Wils. 140), or he may bring a special action on the 
 
 M. U
 
 290 landlord's claim foe rent. 
 
 case against the sheriff (Riseley v. JRi/le, 11 M. & W. 16) ; but 
 the landlord cannot maintain an action for money had and 
 received. Green v. Austin, 3 Camp. 260. In an action against 
 the sheriff for removing goods taken in execution without paving 
 the landlord a year's rent, the measure of damages is prima facie 
 the amount of rent due, but the sheriff may reduce them to the 
 real value of the goods, but not to the sum which they fetch at 
 a forced sale. Thomas v. Mirchouse, 19 Q. B. D. 563 ; 56 L. J. 
 Q. B. 653 ; 36 W. E. 104. 
 Saving for Section 8 of 8 Anne, c. 14, contains a saving for Crown debts, 
 
 s * which provides that nothing in the Act is "to let, hinder, or 
 prejudice her Majesty, her heirs or successors, in the levying, 
 recovering or seizing any debts, fines, penalties or forfeitures 
 due, payable, or answerable to her " ; but that it shall and may be 
 lawful for her to levy, recover and seize the same in the same 
 manner as if the Act had never been made ; anything in the 
 Act contained to the contrary notwithstanding. 
 Landlord's The statute 8 Anne, c. 14, does not apply to tenancies for 
 
 of tenancies l ess than a year ; but with regard to these, 7 & 8 Vict. c. 96, 
 for less than s> 57 enacts that " no landlord of any tenement let at a weekly 
 rent shall have any claim or lien upon any goods taken in exe- 
 cution under the process of any Court of law for more than four 
 weeks' arrears of rent ; and if such tenement shall be let for any 
 other term less than a year, the landlord shall not have any claim 
 or lien on such goods for more than the arrears of rent accruing 
 during four such terms or times of payment." 
 County Court With regard to County Court executions, sect. 160 of the 
 executions. County Courts Act? 1888 ( 51 & 59 yi e t. c . 43) } pr0 vides that 
 
 the statute of Anne shall have no application thereto, but in lieu 
 of that statute provisions enabling the landlord, by notice to the 
 bailiff within five days of the taking, to claim certain arrears of 
 rent are enacted. 
 Attornment It may be added with regard to attornment that the only 
 
 advantage to be now gained by an attornment clause in a 
 mortgage is the facility it affords for obtaining possession of 
 the mortgaged property. Mumford v. Collier, 25 Q. B. D. 279 ; 
 59 L. J. Q. B. 552.
 
 291 
 
 Chapter XXIV. 
 
 BILLS OF SALE. 
 
 PAGE 
 
 Synopsis of Statutes 291 
 
 Forms of Bills of Sale 307 
 
 llHiat constitutes a Bill of Sale ------ 308 
 
 What may be the Subject of a Bill of Sale - - - - 317 
 
 Formalities to be observed - 319 
 
 (1) Statement of Consideration ----- 319 
 
 (2) Description of Chattels 323 
 
 (3) Defeasance, fyc. - 325 
 
 (4) Form 325 
 
 (5) Attending Execution ------ 337 
 
 (a) Description of Parties ----- 337 
 
 (b) Attestation 339 
 
 (c) Affidavit of Execution and Attestation - - 341 
 Registration --------- 343 
 
 Grantor's continued Possession ------ 345 
 
 Grantee's Seizure or taking Possession - 347 
 
 Consolidation --------- 348 
 
 Transfer or Assignment of Bill of Sale - 348 
 
 Synopsis of Statutes. 
 
 A bill of sale is, perhaps, the most usual form of adverse claim 
 in execution. It is accordingly essential to be conversant with 
 the subject, and, in particular, with the recent Bills of Sale Acts, 
 the majority of existing bills of sale being governed by these 
 Acts. This object will, it is conceived, be best effected by the 
 following mode of treating the subject. It should be noticed 
 that the Bills of Sale Acts of 185 1 and 1866 have been repealed 
 by section 23 of the Bills of Sale Act, 1878, except so far as it 
 has been provided by that section that they shall continue in 
 force with regard to bills of sale executed before the commence- 
 ment of that Act. 
 
 i 2
 
 292 
 
 BILLS OF SALE. 
 
 Bill of sale 
 void, unless 
 the same or a 
 copy be filed 
 within 
 twenty-one 
 days. 
 
 Bills of Sale Act, 1854 (17 & 18 Vict. c. 36) (a). 
 
 (Date of Commencement, lOtk July, 1854.) 
 
 Sect. 1. "Every bill of sale of personal chattels made after 
 the passing of this Act, either absolutely or conditionally, or 
 subject or not subject to any trusts, and whereby the grantee or 
 holder shall have power, either with or without notice, and either 
 immediately after the making of such bill of sale or at any future 
 time, to seize or take possession of any property and effects com- 
 prised in or made subject to such bill of sale, and every schedule 
 or inventory which shall be thereto annexed or therein referred 
 to, or a true copy thereof, and of every attestation of the execu- 
 tion thereof, shall, together with an affidavit of the time of such 
 bill of sale being made or given, and a description of the resid- 
 ence and occupation of the person making or giving the same, 
 or in case the same shall be made or given by any person under 
 or in the execution of any process, then a description of the 
 residence and occupation of the person against whom such pro- 
 cess shall have issued, and of every attesting witness to such bill 
 of sale, be filed with the officer acting as clerk of the docquets 
 and judgments in the Court of Queen's Bench, within twenty- 
 one days after the making or giving of such bill of sale (in like 
 manner as a warrant of attorney in any personal action given 
 by a trader is now by law required to be filed), otherwise such 
 bill of sale shall as against [amongst others] all sheriffs' officers 
 and other persons seizing any property or effects comprised in 
 such bill of sale in the execution of any process of any Court of 
 law or equity authorizing the seizure of the goods of the person 
 by whom or of whose goods such bill of sale shall have been 
 made, and against every person on whose behalf such process 
 shall have been issued, be null and void to all intents and pur- 
 poses whatsoever, so far as regards the property in or right to 
 the possession of any personal chattels comprised in such bill of 
 sale which at or after the time of such bankruptcy, or of filing 
 the insolvent's petition in such insolvency, or of the execution by 
 the debtor of such assignment for the benefit of his creditors, or 
 of executing such process (as the case may be), and after the 
 expiration of the said period of twenty-one days, shall be in the 
 possession or apparent possession of the person making such bill 
 
 (a) This Act is repealed by the Bills of Sale Act, 1878 (41 & 42 Vict. 
 c. 31) B. Td, pod, p. 301.
 
 S V X PSIS < ) P STATUTES. 293 
 
 of sale, or of any person against whom the process shall have 
 issued under or in the execution of which such bill of sale shall 
 have been made or given, as the case may be." 
 
 Sect. 2. "If such bill of sale shall be made or given subject Defeasance or 
 to any defeasance or condition or declaration of trust not con- everv bin of 
 tained in the body thereof, such defeasance or condition or sale to be 
 declaration of trust shall, for the purposes of this Act, be taken 8ame paper or 
 as part of such bill of sale, and shall be written on the same P arcnm ent. 
 paper or parchment on which such bill of sale shall be written, 
 before the time when the same or a copy thereof respectively 
 shall be filed, otherwise such bill of sale shall be null and void 
 to all intents and purposes, as against the same persons and as 
 regards the same property and effects, as if such bill of sale or a 
 copy thereof had not been filed according to the provisions of 
 this Act." 
 
 By sect. 3, the officer of the Court is to keep a book con- Officer of 
 taming particulars of each bill of sale. Court to keep 
 
 ° x . . record. 
 
 By sect. 4, the officer is entitled to a fee of 1*. for filing a Fee of ffi cer 
 
 bill of sale or a copy thereof, and shall render an account of the for filing. 
 
 same to the commissioners of the treasury. 
 
 By sect. 5, office copies or extracts are to be given to any office copies. 
 
 person on payment at like rate as for copies of judgments. 
 
 Sect. 6 provides for entry of satisfaction. Entry of 
 
 Sect. 7. "In construing this Act the following words and ' ' 
 
 expressions shall have the meanings hereby assigned to them, of terms. 
 
 unless there be something in the subject or context repugnant 
 
 to such constructions ; (that is to say), — 
 
 " The expression ' bill of sale ' shall include bills of sale, 
 assignments, transfers, declarations of trust without transfer, 
 and other assurances of personal chattels, and also powers 
 of attorney, authorities, or licences to take possession of 
 personal chattels as security for any debt, but shall not 
 include the following documents ; that is to say, assign- 
 ments for the benefit of the creditors of the person making 
 or giving the same ; marriage settlements ; transfers or 
 assignments of any ship or vessel or any share thereof; 
 transfers of goods in the ordinary course of business of any 
 trade or calling ; bills of sale of goods in foreign parts or 
 at sea; bills of lading ; India warrants ; warehouse keepers' 
 certificates ; warrants or orders for the delivery of goods, or 
 any other documents used in the ordinary course of business 
 as proof of the possession or control of goods, or authorizing
 
 294 
 
 BILLS OF SALE. 
 
 Extent of Act. 
 
 or purporting to authorize, either by indorsement or by 
 delivery, the possessor of such document to transfer or 
 receive goods thereby represented : 
 
 " The expression ' personal chattels ' shall mean goods, furni- 
 ture, fixtures, and other articles capable of complete transfer 
 by delivery, and shall not include chattel interests in real 
 estate, nor shares or interests in the stock, funds, or secu- 
 rities of any government, or in the capital or property of 
 any incorporated or joint stock company, nor choses in 
 action, nor any stock or produce upon any farm or lands 
 which by virtue of any covenant or agreement, or of the 
 custom of the country, ought not to be removed from any 
 farm where the same shall be at the time of the making or 
 giving of such bill of sale : 
 
 " Personal chattels shall be deemed to be in the ' apparent 
 possession ' of the person making or giving the bill of sale 
 so long as they shall remain or be in or upon any house, 
 mill, warehouse, building, works, yard, land or other 
 premises occupied by him, or as they shall be used and 
 enjoyed by him in any place whatsoever, notwithstanding 
 that formal possession thereof may have been taken by or 
 given to any other person." 
 
 Sect. 8. " This Act shall not extend to Scotland." 
 
 Construction, 
 of Act. 
 
 Short titles. 
 
 Definition of 
 registration 
 of a bill of 
 
 Renewal of 
 registiation 
 of bills of 
 
 The Bills of Sale Act, 1866 (29 & 30 Vict. c. 96) (b). 
 
 An Act to amend the Bills of Sale Act, 1854. 
 
 (Date of Commencement, 10th August, 1866.) 
 
 Sect. 1. " The principal Act and this Act shall, as far as is 
 consistent with the tenor of such Acts, be construed together." 
 
 Sect. 2. " The principal Act may be cited as ' The Bills of 
 Sale Act, 1854,' and this Act may be cited as ' The Bills of 
 Sale Act, 1866. 5 " 
 
 Sect. 3. " The filing of a bill of sale, or a copy thereof, with 
 the affidavit required by the principal Act, is hereinafter referred 
 to as the registration of a bill of sale." 
 
 Sect. 4. "The registration of a bill of sale under the principal 
 Act shall, during the subsistence of such security, be renewed in 
 
 (b) This Act is repealed by the Bills of Sale Act, 1878 (41 & 42 Vict. 
 c. 31), e. 23, post, p. 301.
 
 SYNOPSIS OF STATUTKS. 
 
 295 
 
 maimer hereinafter mentioned once in every period of five years, 
 commencing from the day of the registration, and, if not so 
 renewed, such registration shall cease to be of any effect at the 
 expiration of any period of five years during which a renewal 
 has not been made as hereby required, subject to this provision, 
 that where a period of five years from the original registration 
 of any bill of sale under the principal Act has expired before the 
 first day of January one thousand eight hundred and sixty-seven, 
 such bill of sale shall be as valid to all intents and purposes as it 
 would have been if this Act had not been passed, if such regis- 
 tration be renewed in manner aforesaid before the first day of 
 January one thousand eight hundred and sixty-seven." 
 
 Sect. 5 provides for the mode of renewing bills of sale. ^f 1 ne V 1 ? f 
 
 , .,-,. mils of sale. 
 
 By sect, 6 the affidavit of renewal is to bear a five shilling sta 011 
 
 Stamp. affidavit. 
 
 By sect. 7 the Masters of the Queen's Bench are to keep a Record of 
 book containing particulars of each bill of sale and the affidavit 
 of renewal, and such book and every filed bill of sale or copy and Search. 
 affidavit of renewal may be searched on payment of one shilling. 
 
 By sect. 8 office copies of affidavits of renewal are to be Office copies 
 
 t i i n ,i of affidavits. 
 
 supplied on payment tor the same. 
 
 Sect. 9 provides for the swearing of affidavits before one of Swearing 
 
 , ,, L „ . „ , .,, , ° affidavit-. 
 
 the Masters oi the Queen s Bench. 
 
 Sect. 10 provides for the application of enactments relating to Stamp-. 
 common law stamps to this Act. 
 
 Sect. 11 provides that this Act shall not extend to Scotland or Extent of Act. 
 Ireland. 
 
 In Schedules (A) and (B) to the Act a form of affidavit of Forms of 
 
 renewal and a form of the book referred to in sect. 7 are set out. book of par- 
 ticulars. 
 
 The Bills of Sale Act, 1878 (41 & 42 Vict. c. 31). 
 
 Sect. 1. "This Act may be cited for all purposes as ' The Short title. 
 Bills of Sale Act, 1878.' " 
 
 Sect. 2. " This Act shall come into operation on the 1st day Commenoe- 
 of January, 1879, which day is in this Act referred to as the 
 commencement of this Act." 
 
 Sect. 3. "This Act shall apply to every bill of sale executed on Applical 
 or after the 1st day of January, 1879 (whether the same be abso- 
 lute, or subject or not subject to any trust), whereby the holder or 
 grantee has power, either with or without notice, and either im- 
 mediately or at any future time, to seize or take possession of
 
 296 BILLS OF SALE. 
 
 any personal chattels comprised in or made subject to such bill 
 of sale." 
 Interpretation Sect. 4. " In this Act the following words and expressions 
 shall have the meanings in this section assigned to them respec- 
 tively, unless there be something in the subject or context 
 repugnant to such construction ; (that is to say,) 
 
 " The expression ' bill of sale ' shall include bills of sale, 
 assignments, transfers, declarations of trust without transfer, 
 inventories of goods with receipt thereto attached, or receipts 
 for purchase-money of goods, and other assurances of per- 
 sonal chattels, and also powers of attorney, authorities, or 
 licenses to take possession of personal chattels as security 
 for any debt, and also any agreement, whether intended or 
 not to be followed by the execution of any other instrument, 
 by which a right in equity to any personal chattels, or to 
 any charge or security thereon, shall be conferred, but shall 
 not include the following documents ; that is to say, assign- 
 ments for the benefit of the creditors of the person making 
 or giving the same, marriage settlements, transfers or as- 
 signments of any ship or vessel or any share thereof, transfers 
 of goods in the ordinary course of business of any trade or 
 calling, bills of sale of goods in foreign parts or at sea, bills 
 of lading, India warrants, warehouse keepers' certificates, 
 warrants or orders for the delivery of goods, or any other 
 documents used in the ordinary course of business as proof 
 of the possession or control of goods, or authorising or pur- 
 porting to authorise, either by indorsement or by delivery, 
 the possessor of such document to transfer or receive goods 
 thereby represented : 
 " The expression ' personal chattels ' shall mean goods, furni- 
 ture, and other articles capable of complete transfer by 
 delivery, and (when separately assigned or charged) fix- 
 tures and growing crops, but shall not include chattel 
 interests in real estate, nor fixtures (except trade machinery 
 as hereinafter defined), when assigned together with a 
 freehold or leasehold interest in any land or building to 
 which they are affixed, nor growing crops when assigned 
 together with any interest in the land on which they grow, 
 nor shares or interests in the stock, funds, or securities of 
 any government, or in the capital or property of incor- 
 porated or joint stock companies, nor choses in action, nor 
 any stock or produce upon any farm or lands which by
 
 SYNOPSIS OF STATUTES. 297 
 
 virtue of any covenant or agreement or of the custom of the 
 country ought not to be removed from any farm where the 
 same are at the time of making or giving of such bill of sale : 
 " Personal chattels shall be deemed to be in the ' apparent 
 possession ' of the person making or giving a bill of sale, so 
 long as they remain or are in or upon any house, mill, ware- 
 house, building, works, yard, land, or other premises occu- 
 pied by him, or are used and enjoyed by him in any place 
 whatsoever, notwithstanding that formal possession thereof 
 may have been taken by or given to any other person : 
 " ' Prescribed ' means prescribed by rules made under the 
 
 provisions of this Act," 
 Sect. 5. "From and after the commencement of this Act Application of 
 trade machinery shall, for the purposes of this Act, be deemed machinery. 
 to be personal chattels, and any mode of disposition of trade 
 machinery by the owner thereof which would be a bill of sale 
 as to any other personal chattels shall be deemed to be a bill of 
 sale within the meaning of this Act. 
 " For the purposes of this Act — 
 
 " ' Trade machinery ' means the machinery used in or 
 attached to any factory or workshop ; 
 
 " 1st. Exclusive of the fixed motive-powers, such as 
 the water- wheels and steam engines, and the 
 steam boilers, donkey engines, and other fixed 
 appurtenances of the said motive-powers ; and 
 " 2nd. Exclusive of the fixed power machinery, such 
 as the shafts, wheels, drums, and their fixed 
 appurtenances, which transmit the action of the 
 motive-powers to the other machinery, fixed and 
 loose ; and 
 " 3rd. Exclusive of the pipes for steam, gas, and water 
 in the factory or workshop. 
 
 " The machinery or effects excluded by this 
 section froni the definition of trade machinery 
 shall not be deemed to be personal chattels within 
 the meaning of this Act. 
 " 'Factory or workshop' means any premises on which any 
 manual labour is exercised by way of trade, or for pur- 
 poses of gain, in or incidental to the following purposes 
 or any of them ; that is to say, 
 
 " (a) In or incidental to the making any article or 
 part of an article ; or
 
 298 BILLS OF SALE. 
 
 " (b) In or incidental to the altering, repairing, orna- 
 menting, finishing, of any article ; or 
 " (c) In or incidental to the adapting for sale any 
 article." 
 Certain Sect. 6. " Every attornment, instrument, or agreement, not 
 
 instruments i • .., •■-, « j. . .. 
 
 o-iviug powers being a mining lease, whereby a power 01 distress is given or 
 of distress to agreed to he given bv any person to any other person by way 
 
 be subject to ? f J J f J f J J 
 
 this Act. ol security lor any present, future, or contingent debt or 
 
 advance, and whereby any rent is reserved or made payable as a 
 mode of providing for the payment of interest on such debt or 
 advance, or otherwise for the purpose of such security only, 
 shall be deemed, to be a bill of sale, within the meaning of this 
 Act, of any personal chattels which may be seized or taken 
 under such power of distress. 
 
 " Provided, that nothing in this section shall extend to any 
 mortgage of any estate or interest in any land, tenement, or 
 hereditament which the mortgagee, being in possession, shall have 
 demised to the mortgagor as his tenant at a fair and. reasonable 
 rent." 
 Fixtures or Sect. 7. " No fixtures or growing crops shall be deemed, 
 
 not to U be. C10pS under this Act, to be separately assigned or charged by reason 
 deemed only that they are assigned by separate words, or that power is 
 
 assigned when given to sever them from the land or building to which they 
 t assesb are arnxec ^ or ^ rom the land on which they grow, without other- 
 
 same instru- wise taking possession of or dealing with such land or building, 
 or land, if by the same instrument any freehold or leasehold 
 interest in the land or building to which such fixtures are 
 affixed, or in the land on which such crops grow, is also con- 
 veyed or assigned to the same persons or person. 
 
 " The same rule of construction shall be applied to all deeds 
 or instruments, including fixtures or growing crops, executed 
 before the commencement of this Act, and then subsisting and 
 in force, in all questions arising under any bankruptcy, liquida- 
 tion, assignment for the benefit of creditors, or execution of any 
 process of any Court, which shall take place or be issued after 
 the commencement of this Act." 
 Avoidance of Sect. 8. " Every bill of sale to which this Act applies shall be 
 bills odhjale in duly attested and shall be registered under this Act, within seven 
 certain cases. Jays after the making or giving thereof, and shall set forth the 
 consideration for which such bill of sale was given, otherwise 
 such bill of sale, as against all trustees or assignees of the estate 
 of the person whose chattels, or any of them, are comprised in
 
 SYNOPSIS OP STATUTES. 299 
 
 such bill of sale under the law relating to bankruptcy or liquida- 
 tion, or under any assignment for the benefit of the creditors of 
 such person, and also as against all sheriff's officers and other 
 persons seizing any chattels comprised in such bill of sale, in 
 the execution of any process of any Court authorising the 
 seizure of the chattels of the person by whom or of whose 
 chattels such bill has been made, and also as against every per- 
 son on whose behalf such process shall have been issued, shall 
 be deemed fraudulent and void so far as regards the property in 
 or right to the possession of any chattels comprised in such bill 
 of sale which, at or after the time of filing the petition for bank- 
 ruptcy or liquidation, or of the execution of such assignment, or 
 of executing such process (as the case may be), and after the 
 expiration of such seven days are in the possession or apparent 
 possession of the person making such bill of sale (or of any per- 
 son against whom the process has issued under or in the execu- 
 tion of which such bill has been made or given, as the case may 
 be) " (a). 
 
 Sect. 9. " Where a subsequent bill of sale is executed within Avoidance of 
 or on the expiration of seven days after the execution of a prior ^te bills of *" 
 unregistered bill of sale, and comprises all or any part of the sale - 
 personal chattels comprised in such prior bill of sale, then, if 
 such subsequent bill of sale is given as a security for the same 
 debt as is secured by the prior bill of sale, or for any part of 
 such debt, it shall, to the extent to which it is a security for the 
 same debt or part thereof, and so far as respects the personal 
 chattels or parts thereof comprised in the prior bill, be absolutely 
 void, unless it is proved to the satisfaction of the Court having 
 cognizance of the case that the subsequent bill of sale Avas bond 
 fide given for the purpose of correcting some material error in 
 the prior bill of sale, and not for the purpose of evading this Act." 
 
 Sect. 10. " A bill of sale shall be attested and registered Mode of 
 
 under this Act iu the following manner : — registering 
 
 mi • <• bills of sale. 
 
 " (1.) The execution of every bill of sale shall be attested by 
 
 a solicitor of the Supreme Court, and the attestation 
 
 shall state that before the execution of the bill of sale 
 
 the effect thereof has been explained to the grantor by 
 
 the attesting solicitor (</) : 
 
 (c) This section is repealed by the Bills of Sale Act, 1882 (45 & 46 Vict. 
 c. 43), b. 1<5, po&t, p. 305. 
 
 (rf) Sub-strt. 1 of sect. 10 is repealed by the Bills of Sale Act, 1882 
 (45 & 40 Vict. C. 43), sect. 10, post, p. 304.
 
 300 
 
 BILLS OF SALE. 
 
 Priority ac- 
 cording to 
 order of 
 registration. 
 
 Transfer 
 need not be 
 registered. 
 
 Renewal of 
 registration. 
 
 " (2.) Such bill, with every schedule or inventory thereto 
 annexed or therein referred to, and also a true copy of 
 such bill and of every such schedule or inventory, and 
 of every attestation of the execution of such bill of 
 sale, together with an affidavit of the time of such bill 
 of sale being made or given, and of its due execution 
 and attestation, and a description of the residence and 
 occupation of the person making or giving the same (or 
 in case the same is made or given by any person under 
 or in the execution of any process, then a description 
 of the residence and occupation of the person against 
 whom such process issued), and of every attesting 
 witness to such bill of sale, shall be presented to and 
 the said copy and affidavit shall be filed with the 
 registrar within seven clear days after the making or 
 giving of such bill of sale, in like manner as a warrant 
 of attorney in any personal action given by a trader is 
 now by law required to be filed : 
 " (3.) If the bill of sale is made or given subject to any 
 defeasance or condition, or declaration of trust not 
 contained in the body thereof, such defeasance, con- 
 dition, or declaration shall be deemed to be part of 
 the bill, and shall be written on the same paper or 
 parchment therewith before the registration, and shall 
 be truly set forth in the copy filed under this Act 
 therewith and as part thereof, otherwise the registra- 
 tion shall be void. 
 " In case two or more bills of sale are given, comprising 
 in whole or in part any of the same chattels, they shall have 
 priority in the order of the date of their registration respectively 
 as regards such chattels. 
 
 " A transfer or assignment of a registered bill of sale need 
 not be registered." 
 
 Sect. 11. " The registration of a bill of sale, whether executed 
 before or after the commencement of this Act, must be renewed 
 once at least every five years, and if a period of five years 
 elapses from the registration or renewed registration of a bill of 
 sale without a renewal or further renewal (as the case may be), 
 the registration shall become void. 
 
 " The renewal of a registration shall be effected by filing with 
 the registrar an affidavit stating the date of the bill of sale and 
 of the last registration thereof, and the names, residences, and
 
 SYNOPSIS OF STATUTES. 301 
 
 occupations of the parties thereto as stated therein, and that the 
 bill of sale is still a subsisting security. 
 
 " Every such affidavit may be in the form set forth in the 
 Schedule (A) to this Act annexed. 
 
 "A renewal of registration shall not become necessary by 
 reason only of a transfer or assignment of a bill of sale." 
 
 Sect. 12 provides for the form of register. Form of 
 
 Sect. 13 relates to the registrar. ° . . ' 
 
 i -n o • Registrar. 
 
 Sect. 14 provides for the rectification of the register. Rectification 
 
 Sect. 15. "Subject to and in accordance with any rules to be of register. 
 made under and for the purposes of this Act, the registrar may E ^* I J °f 
 order a memorandum of satisfaction to be written upon any 
 registered copy of a bill of sale, upon the prescribed evidence 
 being given that the debt (if any) for which such bill of sale 
 was made or given has been satisfied or discharged " (e). 
 
 Sect. 1G provides for the taking of copies, &c. (/). Copies may 
 
 Sect. 1 i relates to affidavits. . __. . .\ 
 
 Affidavits. 
 Sects. 18 and 19 relate to fees. Fees 
 
 Sect. 20. "Chattels comprised in a bill of sale which has Order and 
 been and continues to be duly registered under this Act shall ^sp 031 * 1011 - 
 not be deemed to be in the possession, order, or disposition of 
 the grantor of the bill of sale within the meaning of the 
 Bankruptcy Act, 1869." 
 
 Sect. 21 relates to rules (g). Rules. 
 
 Sect. 22. " When the time for registering a bill of sale Time for 
 expires on a Sunday, or other day on which the registrar's re » lstratlon - 
 office is closed, the registration shall be valid if made on the 
 next following day on which the office is open." 
 
 Sect. 23. " From and after the commencement of this Act, Repeal of 
 the Bills of Sale Act, 1854, and the Bills of Sale Act, 1866, yS^g*. 18 
 shall be repealed : Provided that (except as is herein expressly 29 iV v 30 Vict - 
 mentioned with respect to construction and with respect to 
 renewal of registration) nothing in this Act shall affect any bill 
 of sale executed before the commencement of this Act, and as 
 
 (e) And see 11. of S. 0. 1883, Ord. 61, it. 2G and 27, and Practice 
 Master's Rules, 1880 to L885, [25) Bills of Sale Departm 
 
 (/) This section is partially repealed by the Bills of Sale Act, 1882 [45 
 & 46 Vict. c. 43), s. 16, post, p. 305. 
 
 (</) This section is repealed by the Bills of Sale Act, 1882 [ to & 16 Vict, 
 c. 43), s. 15, post, p. 305. It is not, however, repealed as to absolute hills 
 of sale. Swift v. Pannell, 21 eh. D. 210; 53 L. J. Ch. 341; and see Ex 
 parte Izard, In re Chappie, 2:', Oh. D. 409; 52 L. J. Ch. 302.
 
 302 
 
 BILLS OF SALE. 
 
 regards bills of sale so executed the Acts hereby repealed shall 
 
 continue in force. 
 
 " Any renewal after the commencement of this Act of the 
 
 registration of a bill of sale executed before the commencement 
 
 of this Act, and registered under the Acts hereby repealed, shall 
 
 be made under this Act in the same manner as the renewal of a 
 
 registration made under this Act." 
 Extent of Act. Sect. 24. "This Act shall not extend to Scotland or to 
 
 Ireland." 
 Forms of I n Schedule (A) will be found the form of affidavit of renewal 
 
 renewal referred to in section 11, and in Schedule (B) will be found a 
 
 and register, form of the register mentioned in section 12. 
 
 Short title. 
 
 Commence- 
 ment of Act. 
 
 Construction 
 of Act, 
 41 & 42 Vict. 
 c. 31. 
 
 Interpretation 
 clause. 
 
 Bill of sale to 
 have schedule 
 of property 
 attached 
 thereto. 
 
 The Bills of Sale Act (1878) Amendment Act, 1882 
 (45 & 46 Vict. c. 43). 
 
 Sect. 1. "This Act may be cited for all purposes as 'The 
 Bills of Sale Act (1878) Amendment Act, 1882 ' and this Act 
 and the Bills of Sale Act, 1878, may be cited together as ' The 
 Bills of Sale Acts, 1878 and 1882.'" 
 
 Sect. 2. " This Act shall come into operation on the 1st day 
 of November, 1882, which date is hereinafter referred to as the 
 commencement of this Act." 
 
 Sect. 3. " The Bills of Sale Act, 1878, is hereinafter referred 
 to as ' the principal Act,' and this Act shall, so far as is consis- 
 tent with the tenor thereof, be construed as one with the prin- 
 cipal Act ; but, unless the context otherwise requires, shall not 
 apply to any bill of sale duly registered before the commence- 
 ment of this Act so long as the registration thereof is not avoided 
 by non-renewal or otherwise. 
 
 " The expression ' bill of sale,' and other expressions in this 
 Act, have the same meaning as in the principal Act, except as 
 to bills of sale or other documents mentioned in section 4 of the 
 principal Act, which may be given otherwise than by way of 
 security for the payment of money, to which last-mentioned bills 
 of sale and other documents this Act shall not apply." 
 
 Sect. 4. " Every bill of sale shall have annexed thereto or 
 written thereon a schedule containing an inventory of the per- 
 sonal chattels comprised in the bill of sale ; and such bill of sale, 
 save as hereinafter mentioned, shall have effect only in respect 
 of the personal chattels specifically described in the said schedule ;
 
 SYNOPSIS OF STATUTES. 303 
 
 and shall be void, except as against the grantor, in respect of 
 any personal chattels not so specifically described." 
 
 Sect. 5. " Save as hereinafter mentioned, a bill of sale shall Bill of sale 
 
 i • -i . -y/i i • if i not to affect 
 
 be void, except as against the grantor, in respect ot any personal after-acqnired 
 
 chattels specifically described in the schedule thereto of which property. 
 
 the grantor was not the true owner at the time of the execution 
 
 of the bill of sale." 
 
 Sect. 6. " Nothing contained in the foregoing sections of this Exception as 
 
 Act shall render a bill of sale void in respect of any of the things. 
 
 following things ; (that is to say,) 
 
 " (1.) Any growing crops separately assigned or charged where Growing 
 
 such crops were actually growing at the time when the Cl0 ^ s< 
 
 bill of sale was executed ; 
 
 " (2.) Any fixtures separately assigned or charged, and any Machinery, 
 
 plant, or trade machinery where such fixtures, plant, tuted. 
 
 or trade machinery are used in, attached to, or brought 
 
 upon any laud, farm, factory, workshop, shop, house, 
 
 warehouse, or other place in substitution for any of 
 
 the like fixtures, plant, or trade machinery specifically 
 
 described in the schedule to such bill of sale." 
 
 Sect. 7. " Personal chattels assigned under a bill of sale shall Bill of sale, 
 
 not be liable to be seized or taken possession of by the grantee se i ze) exc . e pt 
 
 for any other than the following causes : — m certam 
 
 " ° . events, to be 
 
 " (1.) If the grantor make default in payment of the sum or void. 
 
 sums of money thereby secured at the time therein 
 
 provided for payment, or in the performance of any 
 
 covenant or agreement contained in the bill of sale 
 
 and necessary for maintaining the security ; 
 " (2.) If the grantor shall become a bankrupt, or suffer the 
 
 said goods or any of them to be distrained for rent, 
 
 rates, or taxes ; 
 " (3.) If the grantor shall fraudulently either remove or suffer 
 
 the said goods, or any of them, to be removed from 
 
 the premises ; 
 " (4.) If the grantor shall not, without reasonable excuse, 
 
 upon demand in writing by the grantee, produce to 
 
 him his last receipts for rent, rates, and taxes ; 
 " (5.) If execution shall have been levied against the goods 
 
 of the grantor under any judgment at law : 
 " Provided that the grantor may within five days from the 
 seizure or taking possession of any chattels on account of any 
 of the above-mentioned causes, apply to the High Court, or to a
 
 304 
 
 BILLS OF SALE. 
 
 Bill of sale 
 to be void, 
 unless at- 
 tested and 
 registered. 
 
 Form of bill 
 of sale. 
 
 Attestation. 
 
 Repeal of 
 s. 10, ss. 1, 
 of Bills of 
 Sale Act, 
 1878. 
 
 Local regis- 
 tration of 
 contents of 
 bill of sale. 
 
 32 & 33 Vict, 
 c. 71, s. 60. 
 
 judge thereof in Chambers, and such Court or judge, if satisfied 
 that by payment of money or otherwise the said cause of seizure 
 no longer exists, may restrain the grantee from removing or 
 selling the said chattels, or may make such other order as may 
 seem just." 
 
 Sect. 8. " Every bill of sale shall be duly attested, and shall 
 be registered under the principal Act within seven clear days 
 after the execution thereof, or if it is executed in any place out 
 of England then within seven clear days after the time at which 
 it would in the ordinary course of post arrive in England if 
 posted immediately after the execution thereof ; and shall truly 
 set forth the consideration for which it was given ; otherwise 
 such bill of sale shall be void in respect of the personal chattels 
 comprised therein." 
 
 Sect. 9. " A bill of sale made or given by way of security for 
 the payment of money by the grantor thereof shall be void 
 unless made in accordance with the form in the schedule to this 
 Act annexed." 
 
 Sect. 10. " The execution of every bill of sale by the grantor 
 shall be attested by one or more credible witness or witnesses, 
 not being a party or parties thereto. So much of section 10 of 
 the principal Act as requires that the execution of every bill of 
 sale shall be attested by a solicitor of the Supreme Court, and 
 that the attestation shall state that before the execution of the 
 bill of sale the effect thereof has been explained to the grantor 
 by the attesting witness, is hereby repealed." 
 
 Sect. 11. " Where the affidavit (which under section 10 of the 
 principal Act is required to accompany a bill of sale when pre- 
 sented for registration) describes the residence of the person 
 making or giving the same or of the person against whom the 
 process is issued to be in some place outside the London bank- 
 ruptcy district as defined by the Bankruptcy Act, 1869, or 
 where the bill of sale describes the chattels enumerated therein 
 as being in some place outside the said London bankruptcy 
 district, the registrar under the principal Act shall forthwith 
 and within three clear days after registration in the principal 
 registry, and in accordance with the prescribed directions, trans- 
 mit an abstract in the prescribed form of the contents of such 
 bill of sale to the county court registrar in whose district such 
 places are situate, and if such places are in the districts of 
 different registrars to each such registrar. 
 
 "Every abstract so transmitted shall be filed, kept, and
 
 SYNOPSIS OF STATUTES. 
 
 indexed by the registrar of the County Court in the prescribed 
 manner, and any person may search., inspect, make extracts from, 
 and obtain copies of the abstract so registered in the like manner 
 and upon the like terms as to payment or otherwise as near as 
 may be as in the case of bills of sale registered by the registrar 
 under the principal Act." 
 
 Sect. 12. " Every bill of sale made or given in consideration Bill of sale 
 of any sum under thirty pounds shall be void." k e voi( j 
 
 Sect. 13. "All personal chattels seized or of which possession Chattels not 
 is taken after the commencement of this Act, under or by virtue *° ^ e 1( J' emovcd 
 of any bill of sale (whether registered before or after the com- 
 mencement of this Act), shall remain on the premises where 
 they were so seized or so taken possession of, and shall not be 
 removed or sold until after the expiration of five clear days from 
 the day they were so seized or so taken possession of." 
 
 Sect. 14. " A bill of sale to which this Act applies shall be no Bill of sale 
 protection in respect of personal chattels included in such bill of chattels 
 sale which but for such bill of sale would have been liable to a 8 
 
 and parochial 
 
 distress under a warrant for the recovery of taxes and poor and rates. 
 other parochial rates" (//). 
 
 Sect. 15. " The 8th and 20th sections of the principal Act, Repeal of 
 and also all other enactments contained in the principal Act f g a i e Act, 
 which are inconsistent with this Act are repealed, but this 1§78 - 
 repeal shall not affect the validity of anything done or suffered 
 under the principal Act before the commencement of this Act." 
 
 Sect. 16. " So much of the 16th section of the principal Act Inspection of 
 
 rc *" r i s t crcd 
 
 as enacts that any person shall be entitled at all reasonable biLa of sale, 
 times to search the register and every registered bill of sale 
 upon payment of one shilling for every copy of a bill of sale 
 inspected is hereby repealed, and from and after the commence- 
 ment of this Act any person shall be entitled at all reasonable 
 times to search the register, on payment of a fee of one shilling, 
 or such other fee as may be prescribed, and subject to such regula- 
 tions as maybe prescribed, and shall be entitled at all reasonable 
 times to inspect, examine, and make extracts from any and every 
 registered bill of sale without being required to make a written 
 application, or to specify any particulars in reference thereto, 
 upon payment of one shilling for each bill of sale inspected, and 
 
 (/() Sec as to the operation of this section the recent case of II imbledon 
 Local Board v. Underwood, [1892] 1 Q. B. 836; 61 L. J. <>. B. 484; 67 
 L. T. 55. 
 
 m. x
 
 '306 BILLS OF SALE. 
 
 such payment shall be made by a judicature stamp : Provided 
 that the said extracts shall be limited to the dates of execution, 
 registration, renewal of registration, and satisfaction, to the 
 names, addresses and occupations of the parties, to the amount 
 of the consideration, and to any further prescribed particulars." 
 Debentures Sect. 17. " Nothing in this Act shall apply to any debentures 
 
 to which Act . , t , t , i , ^ 
 
 not to apply, issued by any mortgage, loan, or other incorporated company, 
 
 and secured upon the capital stock or goods, chattels, and effects 
 
 of such company." 
 
 Extentof Act. Sect. 18. " This Act shall not extend to Scotland or Ireland." 
 
 Statutory The statutory form in the schedule to this Act will be found 
 
 form. 
 
 post, p. 307. 
 
 The Bills of Sale Act, 1890 (53 & 54 Vict. c. 53). 
 
 An Act to exempt certain letters of hypothecation from the opera- 
 tion of the Bills of Sale Act, 1882. [18th August, 1890.] 
 
 Exemption of Sect. 1. " An instrument given or executed at any time prior 
 hypothecation ^° suca deposit, re- shipment, or delivery as hereinafter men- 
 of imported tioned, hypothecating or declaring trusts of imported goods 
 45 & 4G Vict, during the interval between the discharge of the goods from 
 c. 43, s. 9. ^ e g^-p ^ n ^^ they are imported and their deposit in a ware- 
 house, factory, or store, or their being re-shipped for export, or 
 delivered to a purchaser not being the purchaser giving or exe- 
 cuting such instrument, shall not be deemed a bill of sale within 
 the meaning of section nine of the Bills of Sale Act, 1882." 
 Saving of Sect. 2. "Nothing in this Act shall affect the 0}:)eration of 
 
 c. 52 s. 44. ' section forty-four of the Bankruptcy Act, 1883, in respect of 
 any goods comprised in any such instrument as is hereinbefore 
 described, if such goods would but for this Act be goods within 
 the meaning of sub-section three of that section." 
 Short title. Sect. 3. " This Act may be cited as the Bills of Sale Act, 
 
 1890." 
 
 The Bills of Sale Act, 1891 (54 & 55 Vict. c. 35). 
 
 Ait Act to amend the Bills of Sale Act, 1890. [21st July, 1891.] 
 
 Exemption of Sect. 1. " Section one of the Bills of Sale Act, 1890, shall be 
 imported amended so as to read as follows: An instrument charging or 
 goods from creating any security on or declaring trusts of imported goods 
 Acts. given or executed at any time prior to their deposit in a ware- 
 
 house, factory, or store, or to their being re-shipped for export, 
 or delivered to a purchaser not being the person giving or exe-
 
 FORMS OF BILLS OF SALE. 307 
 
 cuting such instrument, shall not be deemed a bill of sale within 
 the meaning of the Bills of Sale Acts, 1878 and 1882." 
 
 Sect. 2. " This Act may be cited as the Bills of Sale Act, Short title. 
 1891." 
 
 Forms of Bills of Sale. 
 
 1. Statutory Form of Bill of Sale (Schedule to Bills of Sale 
 Act, 1882). 
 
 Tins Indenture made the day of between A. B. of 
 
 of the one part, and C. D. of of the other part, Witnesseth 
 
 that in consideration of the sum of £ now paid to A. B. by 
 
 C. D., the receipt of which the said A. B. hereby acknowledges [or 
 ichatever else the consideration may be~], he the said A. B. doth hereby 
 assign unto C. 1)., his executors, administrators, and assigns, All 
 and singular the several chattels and things specifically described in 
 the schedule hereto annexed by way of security for the payment of 
 the sum of £ , and interest thereon at the rate of per 
 
 cent, per annum [or whatever else may be the rate~\. And the said 
 A. B. doth further agree and declare that he will duly pay to the 
 said C. D. the principal sum aforesaid, together with the interest 
 then due, by eopial payments of £ on the day 
 
 of \_or ichatever else may be the stipulated times or time of pay- 
 
 rnent]. And the said A. B. doth also agree with the said C L). that 
 he will [here insert terms as to insurance, payment of rent, or other- 
 wise, which the parties may ayree to for the maintenance or defeasance 
 of the security]. 
 
 Provided always, that the chattels hereby assigned shall not be 
 liable to seizure or to be taken possession of by the said C. D. for 
 any cause other than those specified in section seven of the Bills of 
 Sale Act (1878) Amendment Act, 1882. 
 
 In witness, &c. 
 
 Signed and sealed by the said A. B. 
 in the presence of me 
 
 E. F. 
 
 [Add witness' name, address, and description]. 
 
 2. Bill of Sale, from the Slieriff, of Goods taken in Execution(i). 
 
 Tnis Indenture made the day of one thousand eight 
 
 hundred and between of Esquire, High Sheriff 
 
 of the county of (hereinafter called the said sheriff) of the 
 
 one part and of (hereinafter called the purchaser) of 
 
 the other part. Whereas a writ of fieri facias i-suing out of the 
 Division of Hit Majesty's Eigh Court of Justice directed to 
 the said sheriff was received at the office of the undersheriff of the 
 
 (/) This form, for which the Author is indebted, is taken, with permis- 
 sion, from App. ill. of B ■ I'- Bills of S I ■ .V ts, p. 27:2. 
 
 x 2
 
 308 
 
 BILLS OF SALE. 
 
 said county commanding the said sheriff that he should cause to be 
 levied of the goods and chattels of within his bailiwick a 
 
 certain debt of which had recovered against him in the 
 
 said division together with the sum of for interest damages 
 
 costs and charges which the said had sustained and expended 
 
 by reason of his suit. And whereas the said sheriff had by virtue 
 of the said writ seized and taken in execution certain goods and 
 chattels of the said being in and upon the messuage buildings 
 
 and premises now in the occupation of the said situate and 
 
 being in the county aforesaid and hath caused the same goods 
 
 and chattels to be appraised by a person of competent skill 
 
 who hath valued the same at the sum of And whereas [recite 
 
 order for private sale~\. 
 
 Now this indenture witnesseth that in consideration of the sum 
 of upon the execution of these presents by the said purchaser 
 
 paid to the said sheriff the receipt whereof is hereby acknowledged 
 He the said sheriff as far as he lawfully can or may by virtue of 
 his said office of sheriff but no further or otherwise doth hereby 
 assign unto the said purchaser his executors administrators and 
 assigns All and singular the goods chattels effects and things which 
 have been taken in execution by the said sheriff by virtue of the 
 said writ of fieri facias and which are specifically described in the 
 schedule or inventory hereunder written or hereunto annexed To 
 hold the said goods chattels effects and things unto the said 
 
 purchaser his executors administrators and assigns absolutely. In 
 witness whereof the said parties to these presents have hereunto 
 set their hands and seals the day and year first above written. 
 
 THE SCHEDULE ABOVE REFERRED TO. 
 
 Signed with the name of sheriff x i 
 
 of the county of , sealed with 
 
 his seal of office and delivered as his 
 act and deed by undersheriff of 
 
 the said county in my presence, the 
 effect of the above-written bill of sale 
 having been explained to the said 
 before his execution thereof by 
 me the attesting solicitor. 
 
 Receipt for 
 purchase- 
 money a bill 
 
 What constitutes a Bill of Sale. 
 
 See the Bills of Sale Act, 1854, sect. 7, the Bills of Sale Act, 
 1878, sects. 4 and G, the Bills of Sale Act, 1882, sects. 3 and 17, 
 and the Bills of Sale Acts of 1890 and 1891 (/.•). 
 
 A receipt for the purchase-money of goods, with or without 
 an inventory attached, is a bill of sale, if it is intended to 
 
 ili) The Bills of Sale Acts are set o\it ante, pp. 292 et seq.
 
 WHAT CONSTITUTES A BILL OF SALE. 309 
 
 operate as an assurance of the goods, but not otherwise, of sale if 
 Marsden v. Meadows, 7 <>. 15. D. 80; 50 L. J. Q. B. 536; 45 JSSSSe 
 L. T. 301 ; Rale v. Saloon Omnibus Co., 28 L. J. Ch. 777; 4 of goods. 
 Drew. 492; and see Re Rood, Ex parte Trustee v. Burgess, 
 68 L. T. 591. Accordingly, where on the evidence there is a 
 complete contract independently of, and previous to, the docu- 
 ments, and the documents cannot be looked upon as a memo- 
 randum of the agreement in the sense that they are a record of 
 the transaction, they cannot be, within the fair construction of 
 the words " other assurances," bills of sale, so as to require 
 registration or to be in the form required by the Act of 18 
 In other words, where there is a perfect transaction without the 
 documents, those documents cannot be considered as bills of sale 
 within the meaning of the Acts. North Central Wagon Co. v. 
 Manchester, Sheffield 8f Lincolnshire Rail. Co., 35 Ch. D. 191 ; 
 56 L. J. Ch. 609 ; and see Raydon v. Brown, 59 L. T. 330, 
 810; Jones v. Tower Furnishing Co., 61 L. T. 84; Manchester, 
 Sheffield 8f Lincolnshire Rail. Co. v. North Central Wagon Co., 
 13 App. Cas. 554 ; 58 L. J. Ch. 219 ; Allsop v. Day, 7 H. 
 & X. 457 ; 31 L. J. Ex. 105 ; Ex parte Roman, Li re Broad- 
 beat, L. R. 12 Eq. 598 (as qualified by Ex parte Mackay, Ex 
 parte Broun, In re Jearons, L. E. 8 Ch. 643 ; 42 L. J. Bank. 
 68) ; Byerley v.Prevost, L. R 6 C. P. 144; Graham v. Wilcockson 
 and Munslow, 46 L. J. Ex. 55 ; In re Baton, Ex parte Cooper, 10 
 Ch. D. 313 ; 48 L. J. Bank. 40; Woodejate v. Godfrey, 5 Ex. D. 
 24; 49 L. J. Ex. 1 ; and Preece v. Grilling, Repworth [Claimant), 
 53 L. T. 7G3. See also In re Robertson, Ex parte Lewin <y Co., 
 9 Ch. D. 419 ; 47 L. J. Bank. 94 ; Ex parte Newitt, In re Garrad, 
 16 Ch. D. 522 ; 51 L. J. Ch. 381 ; Newlove v. Shrewsbury, 21 
 Q. B. D. 41 ; 57 L. J. Q. B. 476 ; Shepherd v. Pulbrook, 59 
 L. T. 288 ; and French v. Bombemard, 60 L. T. 48. 
 
 A memorandum of an agreement may be a bill of sale, as, for Memorandum 
 example, where the tenant of a farm sold certain growing crops, matfbe^bUl 
 giving the purchaser a document signed by both of them, of sal <?. 
 whereby it was stated that the purchaser agreed to take and 
 the tenant to assign the crops therein described for 6/. an acre, 
 and where it was held that such document was a bill of sale 
 within the meaning of the Bills of Sale Act, 1854. Braniom v. 
 Griffits, 46 L. J. Q. B. 408. See also In re Robert*, Evans v. 
 Roberts, 56 L. J. Ch. 952 ; and, iu particular, the judgment in 
 that case of Kay, J. But a parol agreement to give a bill of B 
 sale does not require registration under the Bills of Sale Act, of p!inli' U
 
 310 
 
 BILLS OF SALE. 
 
 agreement 
 to give bill 
 of sale. 
 
 Document, 
 recording 
 transaction 
 and regu- 
 lating rights 
 of pledgee of 
 goods, not a 
 bill. 
 
 License to 
 take posses- 
 sion of goods 
 as security for 
 debt, not in 
 statutory 
 form, void. 
 
 1878, and a bill of sale, given in pursuance of such an agree- 
 ment, is not void under the Act by reason of the non-registration 
 of the agreement. Ex parte Hauxwell, In re Hemingway, 23 Ch. 
 D. 626. 
 
 In In re Hardwick, Ex parte Hubbard, (C. A.) 17 Q,. B. D. 
 690 ; 55 L. J. Q. B. 490, the claimant Hubbard agreed to lend 
 moneys to Hardwick on the security of certain machines which 
 Hardwick took to Hubbard; the moneys were advanced and 
 the machines left with Hubbard. Certain documents, concur- 
 rently signed by the borrower, acknowledged the receipt of the 
 machines, and contained agreements to repay the loans and, in 
 default, for the lender to sell. It was held, that the transaction 
 being one of a pledge only the document did not constitute a 
 bill of sale and was not within the Act of 1878 or that of 1882. 
 And see Hilton v. Tucker, 39 Ch. D. 669 ; 57 L. J. Ch. 973. 
 See also as to pledge of goods, Grigg v. National Guardian 
 Assurance Co., [1891] 3 Ch. 206 ; 61 L. J. Ch. 11. 
 
 In In re Townsend, Ex parte Parsons, 16 Q,. B. D. 532 ; 55 
 L. J. Q. B. 137, a document in the following form — 
 
 "To J. Parsons, Estate Agent. 
 
 " Sir, — I hereby authorize and empower you to take immediate 
 possession of all my goods, chattels, plate, and other effects at 
 No. 26, Eaton Place, Kemp Town, Brighton, and to sell the same 
 either by public auction or private contract as soon as conveniently 
 may be, and out of the proceeds thereof I authorize you to deduct 
 any moneys due from me to you and any accounts due from me to 
 the trades-people in and about Kemp Town, and after deducting all 
 proper charges for the sale of my effects and any moneys advanced 
 by you, to pay over to me the balance thereof. 
 
 "T. E. Townsend." 
 
 was held to be, within the words of sect. 4 of the Act of 1878, a 
 license to take possession of personal chattels as security for any 
 debt and to come within the Act of 1882, and not being in the 
 prescribed form to be void. In the same case the Court dis- 
 approved of In re Hall, Ex parte Close, 14 Q. B. D. 386; 54 
 L. J. Q. B. 43; and In re Cunningham, 28 Ch. D. 682; 54 
 L. J. Ch. 448, so far as they lay down that a transaction which 
 cannot by any possibility be brought within the form in the 
 schedule to the Bills of Sale Act, 1882, is a transaction to which 
 the Act does not apply ; and see as to license to take possession 
 of chattels, Pulbrook v. Ashby, 56 L. J. Q. B. 376 ; 35 W. R. 
 779 ; Stevens v. Marriott, 60 L. J. Q. B. 192 ; 39 W. R. 129 ; 
 In re Watson, Ex parte The Official Receiver, 25 Q. B. D. 27 ; 59
 
 WHAT CONSTITUTES A BILL OF SALE. 311 
 
 L. J. Q. B. 394 ; and as to authority to take possession of and 
 sell goods, see the important case of Charlesworth v. Milk, 
 (C. A.) 25 Q. B. D. 421 ; (II. L.) W. N. (1892), 63 ; [1892] 
 A. C. 231. An agreement making goods in an agent's hands 
 security for his advances to his principal has, moreover, been 
 held not to ho a bill of sale. Morris v. Belobbcl-FUpo, [1892] 
 2 Ch. 352. 
 
 As to the operation of an agreement for hire as a bill of sale Agreement 
 under the 1854 Act, see In re Crawcour, Ex parte Bobertson, or ire ' 
 9 Ch. D. 419 ; 47 L. J. Bank. 94 ; and Ex parte Emmerson, In 
 re Hawkins, 41 L. J. Bank. 20 ; 20 W. P. 110. See also as to 
 hiring agreement, Madell v. Thomas, [1891] 1 Q. B. 230; 60 
 L. J. Q. B. 227 ; and as to hiring and purchase agreement, 
 Beckett v. Tower Assets Co., [1891] 1 Q. B. 638 ; 60 L. J. Q. B. 
 493. An assignment by a furniture dealer of money coming Assignment 
 due to him under a hire purchase agreement is not, however, ^^^^.^ 
 within the purview of the Bills of Sale Act, 1878, being only purchase 
 the assignment of a contract and not property passing in the no t a bill. 
 goods. In re Davis Sf Co., Ex parte Bawlings, (C. A.) 22 Q. B. D. 
 193 ; and see under this head, Coburn v. Collins, 35 Ch. D. 
 373; 56 L. J. Ch. 504 ; Pulbrook v. Ashby 8f Co., ante; and 
 Redhead v. Westwood, 59 L. T. 293. 
 
 An agreement by a clause in an ordinary building contract Agreement in 
 
 that all building and other materials brought by the builder ^ftSt* 11 " 
 
 upon the land shall become the property of the landowner is materials 
 
 not a bill of sale within the Bills of Sale Act, 1878. Beeves v. per^^land- 
 
 Barlow, 12 Q. B. D. 436 ; and see Brown v. Bateman, L. P. 2 owner not a 
 
 C. P. 272; 36 L. J. C. P. 134; Ex parte Newitt, In re Gamut, 16 ' 
 
 Ch. D. 522 ; 51 L. J. Ch. 381 ; and Blake v. Izard, 16 W. P. 
 
 108. But a mortgage deed of land and buildings in course of Whenmort- 
 
 erection thereon by a builder, which gives a power to sell the S^Tand ° 
 
 building materials independent of the power to enter upon and {"HH™* 8 , 1 !?, 
 . . . x builder a bill 
 
 take possession ot the premises, and exercisable without the latter of sale of 
 power being exercised, is an assurance of personal dial (els or a rliattcls - 
 license to take possession of personal chattels as security for a 
 debt within the meaning of sect. 4 of the Bills of Sale Act, 1878, 
 and therefore is a bill of sale and is subject to the operation of 
 sect. 8 of the 1882 Act in respect of the personal chattels com- 
 prised therein. Cii/npson v. Coles, 23 Q. B. D. 465 ; 58 L. J. 
 Q. B. 346 (Broivn v. Bateman, ante; Blake v. Izard, ante ; Ex 
 parte Newitt, In re Garrud, ante; Beeves v. Barlow, '/^'.dis- 
 tinguished). It will be observed that the case of Climpson v.
 
 312 
 
 BILLS OF SALE. 
 
 Two docu- 
 ments form- 
 ing one 
 security must 
 be regarded 
 as one tran- 
 saction. 
 
 Security 
 ■where lender 
 takes imme- 
 diate posses- 
 sion not a 
 bill. 
 
 Nor when it 
 cannot be 
 expressed in 
 statutory 
 form. 
 
 Second bill 
 remedying 
 first. 
 
 Post-nuptial 
 settlement, 
 wben a bill 
 within 1854 
 Act. 
 
 Memorandum 
 of agrei incut, 
 for marriage 
 settlement 
 not a bill. 
 
 Coles was decided exclusively on the fact that a power was given 
 to sell the building materials independent of the power to enter 
 upon and take possession of the premises, and the Court appears 
 to have expressed the opinion (at p. 471) that the same con- 
 sideration applied to a mortgage as to an ordinary building 
 agreement. But Wright, J., in Church v. Sage, 67 L. T. 801, 
 while reconciling his judgment with the judgment in ClimpsonY. 
 Coles, distinguished the case of Church v. Sage from such cases 
 as Broun v. Bateman, ante ; Blake v. Izard, ante ; and Beeves v. 
 Barlow, ante, on the ground that in those cases the decision was 
 only that an ordinary building agreement between a landowner 
 and builder was not brought within the Bills of Sale Acts 
 merely by reason of a provision that the plant and materials, 
 when brought upon the land, should be considered as annexed 
 to the land, whereas in the case of Church v. Sage the assign- 
 ment was not to the owner but to a stranger as security for a 
 loan. 
 
 "Where two instruments together constitute one security, they 
 must be regarded as one transaction for the purpose of ascer- 
 taining whether they are or are not within the Bills of Sale 
 Acts. In re Cunningham 8f Co., 28 Ch. D. 682 ; 54 L. J. Ch. 
 448. Where security is given for the repayment of an advance, 
 and the lender takes immediate possession of the goods pledged, 
 the security is not within the Bills of Sale Acts. lb. Moreover, 
 when the security is of such a character that it could not possibly 
 be expressed in the form in the Schedule to the 1882 Bills of 
 Sale Act it is not a bill of sale within that Act. lb. 
 
 As to the case of a debtor giving a second or fresh bill of sale 
 with the sole object of remedying a defect in the first bill of sale, 
 see the recent case of In re Ticecdale, Ex parte Ticeedale, [1892] 
 2 Q. B. 216; 61 L. J. Q. B. 505. 
 
 A post-nuptial settlement by which a man in consideration of 
 natural love conveyed goods and chattels to trustees for the 
 benefit of his wife and children was within the provisions of the 
 1854 Act. Fowler v. Forster, 28 L. J. Q. B. 210. But a 
 memorandum of agreement (not under seal) for a marriage 
 settlement is a " marriage settlement " within the meaning of 
 that expression in sect. 4 of the Bills of Sale Act, 1878, and 
 does not, therefore, require registration under the Act. Wenman 
 v. Lyon 8f Co., [1891] 2 Q, B. 192 ; 60 L. J. Q. B. 663. Ber 
 Lopes, L. J., "It has been argued that the expression ' marriage 
 settlement ' does not include an ante-nuptial agreement for a
 
 WHAT CONSTITUTES A BILL OF .SALE. 313 
 
 settlement. I have no doubt that it does. It seems to me to 
 include not merely a marriage settlement by deed, but every 
 agreement which has the intention and effect of creating a tru-1 
 in consideration of the intended marriage." 
 
 A merely equitable assignment of chattels is within the Bills Equitable 
 of Sale Acts of 1854 and 1878. Edwards v. Edwards, (C. A.) ofKtS? 
 2 Ch. D. 291 ; 45 L. J. Ch. 391. ji«un 1878 
 
 Bills of sale given by a company are not excepted from the Bil ^ b c m- 
 provisions of the Bills of Sale Acts. In re Cunningham 8f Co., paniesnot 
 
 , excepted from 
 
 ante. Act/. 
 
 As to attornment, it will be observed that by the 1878 Act, Attornment 
 sect. 6, " Every attornment, instrument, or agreement, not being ^j^e^ 618 
 a mining lease, whereby a power of distress is given or agreed to subject to 
 be given by any person to any other person by way of security 
 for any present, future, or contingent debt or advance, and 
 whereby any rent is reserved or made payable as a mode of pro- 
 viding for the payment of interest on such debt or advance, or 
 otherwise for the purpose of such security only, shall be deemed 
 to be a bill of sale, within the meaning of this Act, of any per- 
 sonal chattels which may be seized or taken under such power 
 of distress. Provided, that nothing in this section shall extend Proviso as to 
 to any mortgage of any estate or interest in any land, tenement, certain cases. 
 or hereditament which the mortgagee, being in possession, shall 
 have demised to the mortgagor as his tenant at a fair and 
 reasonable rent." And see as to attornment, Hatl v. Comfort, 
 18 Q. B. D. 11 ; 56 L. J. Q. B. 185 ; In re Willis, Ex parte 
 Kennedy, 21 Q. B. D. 384; 57 L. J. Q. B. 634; Pulbrook v. 
 Ashby $ Co., 56 L. J. Q. B. 376 ; 35 \V. E. 779 ; Mumford 
 v. Collier, 25 Q. B. D. 279; 59 L. J. Q. B. 552; and Green v. 
 Marsh, (C. A.), [1892] 2 Q. B. 330; 61 L. J. Q. B. 442. 
 Having regard to the Bills of Sale Acts, an attornment clause 
 has not now the effect it formerly had of providing the additional 
 means of raising mortgage money by way of distress. But such 
 a clause is not altogether inoperative, for, as is shown by the 
 above case of Mumford v. Cottier, ante, it is useful in enabling 
 the mortgagee to obtain possession, and its retention on that 
 account is therefore, as a general rule, useful to a mortgagee. 
 It is not the relationship of landlord and tenant but only part of 
 its incidents, namely, that of distress, which is prohibited. 
 
 As to exemption of letters of hypothecation of imported goods Exemption of 
 from the operation of the 1882 Act, see the Bills of Sale Act, w^ation 
 1890, and as to exemption of securities on imported goods from and securities
 
 314 BILLS OF SALE. 
 
 on imported the operation of the Bills of Sale Acts, 1878 and 1882, see the 
 goods. B . ng of gale Actj lg91 
 
 Debentures. With regard to debentures, non-compliance with the require- 
 
 ments of the Bills of Sale Act, 1878, avoided debentures in 
 respect of chattels, thereby charged, as against execution credi- 
 tors or the holder of a subsequent, but duly registered, bill of 
 sale, and even with notice of the debenture (Connelly v. Steer, 7 
 Q. B. D. 520 ; Edwards v. Edwards, 2 Ch. D. 291 ; 45 L. J. 
 Ch. 391 ; and Lyons v. Tucker, 7 Q. B. D. 523), although good 
 as between the grantor and grantee (Ban's v. Good/nan, 5 C. P. 
 D. 128), or a liquidator. In re Marine Mansions Co., L. E. 4Eq. 
 601; 37 L. J. Ch. 113; and In re Asphaltic Wood Pavement 
 Debentures ^ Co., W. N. (1883) 152; 49 L. T. 159. But it will be observed 
 Act not to " that by sect. 17 of the 1882 Act, "Nothing in this Act shall 
 appiy- a pply 1° an y debentures issued by any mortgage, loan, or other 
 
 incorporated company, and secured upon the capital stock or 
 What is a goods, chattels, and effects of such company." As to what is 
 ■within sect. an d what is not a debenture within the meaning of this section, 
 17 - Ohitty, J., in Edmonds v. Blaina Furnaces Co., 36 Ch. D. 215 ; 
 
 56 L. J. Ch. 815, says: "Now, ought I to put any narrow 
 restrictive interpretation upon the term ' debenture ' in this 
 section ? I see no reason why I should. I see one reason, 
 though it may not cover all the ground, why I should not, and 
 it is this, the two great classes of existing companies, viz., those 
 established by Act of Parliament, incorporating the Companies 
 Clauses Act of 1845, and those incorporated under the Com- 
 panies Act, 1862, are bound by statutory provisions to keep a 
 register of their debentures, using that term in the sense already 
 explained [?'. e., an instrument generally, if not always, import- 
 ing an obligation or covenant to pay]. The legislature, finding 
 these existing provisions for registration, may have considered 
 it was not necessary to require the registration under the Bills 
 of Sale Acts of the secured debentures of an incorporated com- 
 pany. The legislature may have acted on this ground, or may 
 have taken the broader view that the secured debentures of in- 
 corporated companies were not within the mischief intended to 
 be remedied by the Bills of Sale Act. In determining what is 
 or is not a debenture within the section, I am not bound to hold 
 that an instrument is a debenture because it is called a deben- 
 ture by the company issuing it, nor to hold it is not a debenture 
 because it is not so called by the company. I must look at the 
 substance of the instrument itself, and without the assistance of
 
 WHAT CONSTITUTES A BILL OF SAM'. 315 
 
 an} 7 precise legal definition, form the best opinion I can, whether 
 the instrument does or does not fall within the exemption of the 
 section." Moreover, Chitty, J., in Levy v. Abercorris Slate and 
 Slab Co., 37 Ch. D. 260 ; 57 L. J. Ch. 202, says : " Now look- 
 ing at this section [17] once more I observe that it may be 
 divided into four parts, it relates first to the thing called a 
 'debenture'; secondly, it, the 'debenture,' must be 'issued'; 
 thirdly, it must be issued by a particular company, that is, a 
 ' mortgage, loan, or other incorporated company.' The term 
 ' loan ' is a little awkward, and I do not know what is meant by 
 a ' loan company,' but I pass it by, as also the term ' mortgage' 
 company, which is also not quite clear, because I am satisfied 
 that the words 'or other incorporated company' are large enough 
 and must be construed as they stand, and are not to be cut 
 down by the context. Then the fourth part is that the deben- 
 ture must be ' secured upon the capital stock or goods, chattels 
 and effects of such company.' The material words here are 
 ' goods, chattels and effects.' In my opinion a ' debenture ' 
 means a document which either creates a debt or acknowledges 
 it, and any document which fulfils either of these conditions is a 
 ' debenture.' I cannot find any precise legal definition of the 
 term, it is not either in law or commerce a strictly technical 
 term, or what is called a term of art. It must be ' issued,' but 
 ' issued ' is not a technical term, it is a mercantile term well 
 understood ; ' issue ' here means the delivery over by the com- 
 pany to the person who has the charge. As to what 'company' 
 means, I have already said it must be by 'an incorporated com- 
 pany,' and it must be secured on the 'goods, chattels and effects' 
 of the company. Having thus gone through the section once 
 again, I find I cannot add anything further on this point to 
 what I have already stated in The Blaina Furnaces Case." See 
 also Topham v. Greenside Co., 37 Ch. D. 281 ; 57 L. J. Ch. 583. 
 It has been, moreover, since held that a debenture of an incor- 
 porated company is not a bill of sale recpiiring registration either 
 under the Bills of Sale Act, 1878, or that of 1882. Ready. 
 Joannon, 25 Q. B. D. 300; 59 L. J. Q. B. 544 (dicta of 
 Grove, J., in Jenkinson v. Brandley Mining Co., 19 Q. B. D. 
 568 ; 35 W. R. 834, disapproved). Per Lord Coleridge, C. J., 
 in Read v. Joannon, ante, " The words therefore of section 17, 
 ' Nothing in this Act shall apply to any debentures,' really 
 mean, 'Nothing in this Act or in the principal Act shall apply 
 to any debentures ' " ; and per Wills, J., " I think that the
 
 316 
 
 BILLS OF SALE. 
 
 " Covering 
 deed " not a 
 debenture 
 within sect. 
 17. 
 
 Priority of 
 debentures 
 against 
 
 general 
 creditors ; 
 
 words [' other incorporated company '] were meant to include 
 all incorporated companies of every description. It seems to me, 
 therefore, that the only necessity for the registration of a bill of 
 sale given by way of security arises from sect. 8 of the Act of 
 1882, and that debentures of incorporated companies, if they are 
 bills of sale at all, are expressly exempted from that necessity 
 by sect. 17 of the Act." See also In re Standard Manufacturing 
 Co., [1891] 1 Ch. 627 ; 60 L. J. Ch. 292, in which case Read v. 
 Joannon, ante, is followed and approved, and Jenkinson v. The 
 Brandley Mining Co., ante, overruled. 
 
 The ordinary debenture trust or covering deed has been held 
 not to be a debenture within the meaning of sect. 17 of the Bills 
 of Sale Act, 1882. Broehliurst v. Railway Printing and Publish- 
 ing Co., W. N. (1884), 70 ; and Ross v. Army and Navy Hotel 
 Co., 34 Ch. D. 43 ; 55 L. T. (C. A.) 472. It was also held by 
 the Court of Appeal in Ross v. Army and Nary Hotel Co., ante, 
 that assuming the covering deed to be void for want of regis- 
 tration under the Bills of Sale Acts, the intention to give the 
 debenture holders a valid charge, within the meaning of the 
 Bills of Sale Act, 1882, s. 17, on the property comprised in that 
 deed, was manifest on the face of the debentures, issued by the 
 defendant company, read in conjunction with the annexed con- 
 dition, and amounted to an equitable contract, which would be 
 carried into effect to give a charge upon all the property of the 
 company ; and, accordingly, that the chattels, intended to be 
 charged with the money due on the original debentures, were 
 subject to an equitable charge in favour of the holders of those 
 debentures. Per Cotton, L. J. : " Although the covering deed 
 is void under that Act [Bills of Sale Act, 1882], there is in the 
 debenture itself a contract that the debenture holders shall have 
 a charge upon what for present purposes I will call all the 
 property of the company." And see on this point, Levy v. 
 Abereorris Slate and Slab Co., ante, including the judgment 
 therein of Chitty, J. (/). 
 
 A debenture charging all the property present and future of a 
 company, although expressed to be intended to operate as a first 
 charge upon the property, will be construed to be a general 
 floating security, operating as a first charge against the general 
 
 (/) Bo88 v. Army and Navy Hotel Co., ante, was distinguished in Jevikin- 
 son\. Brandley Minimi Co., ante, but that case has, it will be observed, 
 been since overruled by In re The Standard Manufacturing Co., ante.
 
 WHAT MAY BE THE SUBJECT OF A BILL OF SALE. 317 
 
 creditors of the company over the property of the company as it 
 exists at the time at which the debenture comes into operation. 
 Wheatley v. Silkstom and Haigh Moor Coat Co., 29 Ch. J). 715 ; 
 54 L. J. Ch. 778. And as to priority of debentures as against against 
 execution creditors sec Debenture Holders of John Welsted 8f Co. cre ditors. 
 v. Swansea Bun I:, 5 T. L. P. 332 ; Ex parte Australian Invest- 
 ment Co., In re Queensland Mercantile Co., 2 ^leg. 304, Xorth, J. ; 
 In re Standard Manufacturing Co., [1891] 1 Ch. 627, 640; and 
 In re Opera, [1891] 3 Ch. 2G0 ; GO L. J. Ch. 839. 
 
 What may be the Subject of a Bill of Sale. 
 
 See the Bills of Sale Act, 1854, ss. 1 and 7 ; the Bills of Sale 
 Act, 1878, ss. 4, 5, and 7 ; and the Bills of Sale Act, 1882, ss. 3, 
 5, and 6 (in) ; and as to growing crops under the 1854 Act, 
 see Brantom v. Griffits, 2 C. P. D. 212 ; 4G L. J. C. P. 408 ; and 
 In re Pldtips, Ex parte The National Mercantile Bank, 1G Ch. D. 
 104; 50 L.J. Ch. 231. 
 
 The following may be taken as a brief summary of the Assignments 
 general law applicable to after-acquired property, viz. : — At acquired 
 law assignments of after-acquired property not having a potential property, 
 existence must be perfected by seizure or ratification of such 
 assignment on acquisition of such property. But in equity (to 
 quote Lord Bacon's maxim on this point) " a conveyance of pro- 
 perty to be acquired in futuro operates nothing unless there is 
 some new act done by the grantor." Property to be afterwards 
 acquired may be the subject-matter of a valid assignment for 
 value immediately on such property being acquired and without 
 any seizure or ratification, provided — (a) the assignment be 
 absolute and not a mere agreement to assign ; (b) such contract 
 be one which a Court of Equity would specifically enforce, or, 
 in other words, that the effects be sufficiently specified to make 
 the assignment operate in equity ; and (c) such property be so 
 described as to be capable of being identified. The leading 
 cases on this subject are Mope v. Hayley, 25 L. J. Q,. B. 155 ; 
 Carr v. Allatt, 27 L. J. Ex. 3S5 ; Holm,/,! v. Marshall, 10 H. L. 
 Cas. 191 ; 33 L. J. Ch. 193; 7 L. T. 172; Belding v. Read, 3 
 H. & C. 955; 34 L. J. Ex. 212; Reeve v. WMtmore, 33 L. J. 
 
 (m) The Bills of Sale Acts are set out, ante, pp. 292
 
 318 BILLS OF SALE. 
 
 Ch. 63 (and see in particular, the judgment of Lord Westbury 
 in the latter case) ; Leaiham v. Amor, 47 L. J. Q. B. 581 ; 38 
 L. T. 785 ; and Lazarus v. Andrade, 5 C. P. D. 318 ; 49 L. J. 
 C. P. 847. See also Joseph v. Lyons, 15 Q. B. D. 280 ; 54 L. J. 
 Q. B. 1 ; Hallas v. Robinson, 54 L. J. Q. B. 364 ; Collyer v. 
 Isaacs, 19 Ch. D. 342 ; 51 L. J. Ch. 14 ; Clement v. Mathews, 
 11 Q. B. D. 808 ; 52 L. J. Q. B. 772 ; and Tailby v. The Official 
 Receiver, 13 App. Cas. 523 ; 58 L. J. Q. B. (H. L.) 75. 
 Bill of sale in So much for the general law. It will be, however, observed 
 
 Tfter-acquired that h Y Sect 5 ° f the Bills ° f Sale Act > 1883 ' " SaVe aS herein- 
 property to be after mentioned, a bill of sale (n) shall be void, except as against 
 
 as against the grantor, in respect of any personal chattels, specifically 
 
 grantor. described in the schedule thereto, of which the grantor was not 
 
 the true owner at the time of the execution of the bill of sale." 
 
 But by sect. 6, " Nothing contained in the foregoing section of 
 
 this Act shall render a bill of sale void in respect of any of the 
 
 Exception as following things; (that is to say), (1) Any growing crops 
 
 crops • D ° separately assigned or charged when such crops were actually 
 
 growing at the time when the bill of sale was executed. 
 
 and substi- (2) Any fixtures separately assigned or charged, and any plant, 
 
 tuted fixtures, ,t ■> • i ixjj. i x j. i i • 
 
 & c> ' or trade machinery where such fixtures, plant, or trade machinery 
 
 are used in, attached to, or brought upon any land, farm, factory, 
 workshop, shop, house, warehouse, or other place in substitu- 
 tion for any of the like fixtures, plant, or trade machinery 
 specifically described in the schedule to such bill of sale." 
 Referring to sect. 5 of the 1882 Act, Lindley, L. J., says in 
 Roberts v. Roberts, (C. A.) 13 Q. B. D. 794 ; 53 L. J. Q. B. 
 313 : " The next objection taken was, that the bill of sale was 
 void because it does not follow the form in the schedule, 
 inasmuch as it comprises after-acquired property ; but, on look- 
 ing at the Act, I find a section specifically dealing with that 
 subject. If the bill of sale contravenes the provisions of 
 sects. 8 and 9, it is void in toto ; but sect. 5, which deals specifi- 
 cally with the subject of after-acquired property, enacts that a 
 bill of sale shall be void, in respect of the matters dealt with in 
 that section, except as against the grantor ; so that there may 
 
 ()>) It will be observed that the operation of the Bills of Sale Act, 1882, 
 is confined to bills of sale given by way of security for the payment of 
 money or, in other words, that it does not affect bills of sale given by 
 way of absolute transfer. Sect. 3 of that Act ; and see Swift v. Pannell, 
 24 Ch. D. 210; 48 L. T. 351 ; and Casson v. Churchley, 53 L.J. Q. B. 335 ; 
 50 L. T. 568.
 
 FORMALITIES TO BE OBSERVED. 319 
 
 be a bill of sale comprising after-acquired property, which may 
 be valid as between the grantor and grantee, and yet be void as 
 far as other persons are concerned ; and it seems to me that this 
 construction gives to sects. 4 and 5 their proper effect." And 
 see the recent and important case bearing on sect. 5 of the 1882 
 Act of Tuck v. Southern Counties Deposit Bank, 42 Ch. D. 471 ; 
 58 L. J. Ch. 699. See also on this subject, Carpenter v. Been, 
 23 Q. B. D. 566 ; W. N. (1889) 186 ; Reeves v. Barlow, 12 
 Q. B. D. 436 ; Joseph v. Webb, 1 0. & E. 262 ; In re Clarke, 
 Coombe v. Carter, 36 Ch. D. 348 ; 56 L. J. Ch. 981 ; Brown v. 
 Bateman, L. R. 2 C. P. 272 ; 36 L. J. C. P. 134 ; Thomas v. 
 Searles, [1891] 2 Q. B. 408 ; 60 L. J. Q, B. 722 ; and In re 
 Sari, Ex parte Williams, [1892] 2 Q. B. 591 ; 67 L. T. 597 ; 
 W. N. (1892) 102. 
 
 Formalities to be observed. 
 
 (1.) Statement of Consideration, 
 
 See the Bills of Sale Act, 1878, sect. 8, and the Bills of Sale 
 Act, 1882, sect, 8 (o). 
 
 The consideration for a bill of sale, required to be set forth by Amount 
 the Bills of Sale Act, 1878, sect. 8, is the amount of the con- p^ediom 
 sideration which has actually passed from the grantee to the grantee to 
 grantor. Accordingly, where that is stated, the consideration is b e set forth! 
 truly set forth (BTamlyn v. BetteUy, 5 C. P. D. 327 ; 42 L. T. 
 373) ; and the statutory requirements will be satisfied if the 
 statement of the consideration is substantially accurate. So, if 
 it states the true legal effect or the true business effect of the 
 transaction, strict literal accuracy of statement is not necessary. 
 Ex parte Johnson, In re Chapman, 26 Ch. D. 333 ; 53 L. J. Ch. 
 762 ; Hughes v. Little, 18 Q. B. D. 32 ; 55 L. T. 476. Nor 
 need the history of the transaction be stated, but only the con- 
 sideration for the bill of sale. Ex parte Allam, In re Munday, 
 14 Q. B. D. 43. Therefore, the motive for an advance is not 
 material in deciding whether the consideration for a bill of sale 
 is truly stated. Ex parte Ord, In re Fothergill, 43 L. T. (>■'>:. 
 Moreover, whilst the consideration which the 1878 Act requires Not necessary 
 
 (o) The Bills of Sale Acts are set out ante, pp. 292 , ' eeq.
 
 320 BILLS OF SALE. 
 
 to set out to be stated in the deed is the real consideration as between the 
 lateral bar- grantor and the grantee — that which would have been properly 
 gain con- stated in the deed independently of the Acts— the Act does not 
 
 nected with m , . . , 
 
 advance. require every collateral bargain or stipulation connected with 
 
 the advance to be set out. Ex parte The National Mercantile 
 Bank, In re Haynes, 15 Ch. D. 42 ; and see Thomas v. Searles, 
 [1891] 2 Q. B. 408 ; 60 L. J. Q. B. 722. 
 Bill of sale Ex parte The National Mercantile Bank, In re Haynes, ante, 
 
 true con- was considered and distinguished in the case of Ex parte The 
 sideration Charing Cross Advance and Deposit Bank, In re Parker, 16 
 parties. Ch. D. 35; 50 L. J. Ch. 157. In the latter case a duly attested 
 
 and registered bill of sale purported to be executed in considera- 
 tion of an advance of 120/., whereas, in fact, 90/. only was 
 advanced to the grantor and 30/. retained, part in payment of 
 expenses and the rest for interest to be paid on the money 
 advanced under the deed, and a receipt for 90/. signed by the 
 grantor at the foot of the bill of sale explained the true con- 
 sideration. It was held that the true consideration was not set 
 out in the bill of sale and that it could not be cured by such 
 receipt. Pa- Cotton, L. J. : " The first point to be considered 
 is whether the deed, independently of the receipt clause, does 
 comply with the terms of the Act requiring the statement of the 
 consideration of every bill of sale. In my opinion it does not. 
 It states that 120/. was advanced, as meaning actually paid by 
 the grantees to the grantor, whereas, in fact, 90/. only was 
 advanced to the grantor, and 30/. retained, part in payment of 
 expenses, and the rest for interest to be paid on the money 
 advanced under the deed. The case of Ex parte The National 
 Mercantile Bank has been referred to, as to which, in my opinion, 
 there can be no question. But this is not like that case, for 
 there the retainer was for the purpose of satisfying a then 
 existing debt, independently of the transaction of loan. The 
 great distinction between the two cases is this, that here the 
 whole liability ' for interest and expenses ' arises out of the 
 transaction of loan which the bill of sale completed and 
 rendered effectual. There the debt existed independently, and 
 would have so remained if the loan secured by the bill had not 
 been made. I think that the kind of retainer in this case was 
 the very thing aimed at by the Act. The object was to prevent 
 the giving of a security for a sum said to be advanced when, in 
 fact, a large part was retained by the grantee. Independently, 
 therefore, of the receipt clause, there is an end of the case. But
 
 FORMALITIES TO BE OBSERVED. 321 
 
 it is said that we ought to look at the receipt clause ; and if we 
 do so, the true consideration is set forth as required. It does 
 state honestly the facts of the case. But we must be bound by 
 the Act, and the Act requires the bill of sale to set forth 
 the consideration. It is impossible in this case to say that the 
 bill of sale sets forth the consideration. The receipt is no part 
 of the deed. It is said that it may be used to correct the state- 
 ment in the deed, but that is not required by the Act. Here it 
 is desired to refer to another document, not to correct an insuffi- 
 cient description in the bill of sale, but entirely to contradict a 
 statement contained in the bill of sale. The Act requires the 
 bill of sale truly to state the consideration. It has not done so, 
 and I cannot say that because possibly no harm may be done in 
 this particular case we ought not to give effect to the fair con- 
 struction of the Act." Per James, L. J. : " In the case of Ex 
 parte The National Mercantile Bank, In re Haynes, we came to the 
 conclusion that the true consideration was, in fact, set forth, that 
 the loan stated was, in fact, a loan of 2,050/., and it did not 
 make it the less a loan of that amount, that by a collateral 
 agreement 550/., part of it, was to go to pay a debt actually due 
 at the time from the grantor to the grantees, and not arising out 
 of the then transaction between the parties. In the present 
 case there was really an evasion of the provisions of the Act, 
 and it is not at all like Ex parte The National Mercantile Bank." 
 In other words, to comply with sect. 8 of the 1878 Act a bill of 
 sale must show on the face of it the true agreement between the 
 parties and must not be dependent for its real effect upon some 
 other instrument. And see Sharp v. McHenry, Sharp v. Broicn, 
 38 Ch. D. 427 ; 57 L. J. Ch. 961 ; Ex parte Carter, In re 
 Threappleton, 12 Ch. D. 908 ; 41 L. T. 37 ; Carrard v. Meek, 43 
 L. T. 760 ; Ex parte Challinor, In re Rogers, 16 Ch. D. 260; 51 
 L. J. Ch. 476; Ex parte Firth, In re Cowburn, 19 Ch. D. 419; 
 51 L. J. Ch. 473; Hamilton v. Chaine, 7 Q. B. D. 1, 319; 50 
 L. J. Q. B. 456; In re Spindler, Ex parte Rolph, 19 Ch. D. 98; 
 51 L. J. Ch. 88 ; and Ex parte Bolland, In re Roper, 21 Ch. D. 
 543; 52 L. J. Ch. 113; as also In re Cann, 13 Q. B. D. 36 
 (where Ex parte Firth, ante, is distinguished) ; and Richardson 
 v. Harris, 22 Q. B. D. 268 (where Ex parte The National 
 Mercantile Bank, ante, is discussed). 
 
 A verbal agreement not to register a bill of sale in considora- Unnecessary 
 
 tion of increased bonus is a mere collateral agreement and forms b 8tateT ^°~ 
 
 o agreement not 
 
 no part of its consideration. It is accordingly unnecessary to to register. 
 
 M. V
 
 322 BILLS OF SALE. 
 
 state it in the deed. Ex parte Popplewell, In re Storey, 21 
 Ch. D. 73 ; 52 L. J. Oh. 39. 
 
 Advance by If the advance is by instalments, the fact may be so stated. 
 
 mf/Sa^d. &> P"rte Berwick, In re Young, ^ L. T. 576; W. N. (1880), _ 
 187. See, however, on this point The Credit Co. v. Pott, 6 
 Q. B. D. 295 ; 50 L. J. Q. B. 106 ; and In re Mochaday, Ex 
 parte Nelson, 55 L. T. 819, affirmed on appeal, 35 "W. R. 264; 
 W. N. (1887), 7. 
 
 Bin for 30?., In the case of Davis v. Usher, 12 Q. B. D. 490; 53 L. J. 
 
 diate repay- Q>- B. 422, the plaintiff applied to the defendant for an advance 
 
 ment of part, f ]_g^ t on secur ity of a bill of sale of his (plaintiff's) furniture, 
 may be vahd. . J . . . 
 
 and, in order to provide for this and at the same time avoid the 
 operation of sect. 12 of the 1882 Bills of Sale Act (whereby, it 
 will be observed, bills of sale are void if given for a consideration 
 under 30/.), it was mutually agreed that, as one of the terms of 
 such loan, 15/. of such 30/. should be repaid on demand and 15/. 
 by instalments. A bill of sale embodying such terms was accord- 
 ingly granted and the above arrangement was duly carried out. 
 It was held, in the absence of evidence that the transaction was 
 a sham, that the bill of sale was valid. In this case the facts 
 and evidence were by mutual consent set out in a special case ; 
 and, referring thereto, Smith, J., in his judgment said : " On 
 those undisputed facts we are asked to infer that the bill of sale 
 was necessarily for a consideration less than 30/. If the case 
 had been tried by a jury much might have been urged to show 
 that 15/. only was lent, and the jury would have been asked to 
 say whether the transaction was real or not. But in this special 
 case we can only draw the inference, which ought to be drawn 
 from the facts standing unimpeached, and on that view I come 
 to the conclusion that the bill of sale was not given for less than 
 30/." 
 Consideration In Mayor and Ealda v. Mindlevick, 59 L. T. 400, the bill of 
 set forth " sa ^ e purported to be given for a sum of 312/. " then owing " by 
 when amount the grantor to the grantee. The material facts were as follows : — 
 
 Tint '< +V.OT1 D ° 
 
 The grantee of the bill of sale, at the request of the grantor, 
 signed certain bills of exchange, drawn on the grantor and 
 made payable to creditors of the grantor, which were intended 
 to secure a composition made by the latter with his creditors. 
 These bills were accepted by the grantee, amounting to the sum 
 of 126/., being part of the alleged consideration. There was an 
 arrangement between the parties that the grantee should be the 
 person to pay these bills when due, and in point of fact the bills
 
 FORMALITIES TO HE OBSERVED. 323 
 
 were afterwards duly paid by the grantee as they became due. 
 
 It was admitted that the transaction was a bond fide one, and 
 
 that there was no intention to mislead. At the time of the 
 
 execution of the bill of sale the bills were not then due and the 
 
 grantee had not paid them. It was held, that the sum of 126/., 
 
 the amount of the bills accepted by the grantee of the bill of 
 
 sale, was not " then owing " by the grantor to the grantee, and 
 
 that, therefore, the consideration was not " truly set forth " and 
 
 that consequently the bill of sale was bad. And see as to current 
 
 bills, Cochrane v. Moore, 25 Q. B. D. 57 ; 59 L. J. Q. 13. 377. 
 
 See, moreover, as to " statement of consideration," Counsell v. 
 
 London and Westminster Loan and Discount Co., 19 Q. B. D. 
 
 512 ; 56 L. J. Q. B. 622 ; as also the judgment of Brett, 
 
 M. R, in Robert* v. Roberts, (0. A.) 13 Q. B. 794 ; 53 L. J. 
 
 Q. B. 313. 
 
 An untrue statement of the consideration is not a deviation Untrue state- 
 
 from the form in the schedule to the Act of 1882, and therefore ^deration not 
 
 does not render the bill wholly void under sect. 9, but only in & deviation 
 
 • i to from statutory 
 
 respect of the personal chattels comprised therein under sect. 8. f or m. 
 Eeseltine v. Simmons, [1892] 2 Q. B. 547 ; W. N. (1892) 137. 
 
 (2.) Description of Chattels.. 
 
 See the Bills of Sale Act, 1882, sect. 4, ante, p. 302. 
 
 A schedule to a bill of sale which contained the description Personal 
 " household furniture and effects, implements of husbandry " ^specifically 
 has been held insufficient to convey the goods so described for described in 
 the schedule must contain such an inventory as is usual in 
 business, separating the classes of articles comprised in it one 
 from the other, although it need not contain a detailed descrip- 
 tion of each article. Roberts v. Roberts, (C. A.) 13 Q. B. D. 
 794; 53 L. J. Q. B. 313. Per Brett, M. R. : "The [1882] 
 Act was passed with the intention of meeting a not uncommon 
 mischief which arose upon well known instruments, and the 
 legislature intended to put an end to the evils which arose from 
 those general descriptions which specified no particular articles ; 
 so that it seems to me a specific description must mean such an 
 inventory as is mentioned in the section [sect. 4], and as is well 
 known in business. Such an inventory would contain a specific 
 description of each class of goods mentioned in it, although not 
 a detailed description of each article contained in it. What the 
 statute requires is that amount of separation from one class of 
 
 y2
 
 324 
 
 BILLS OF SALE. 
 
 articles from another, which any business inventory would give ; 
 so that any schedule which does not describe the things con- 
 tained in it in such a way must be considered to be an unsatis- 
 factory and insufficient schedule." And see Witt v. Banner, 
 20 Q. B. D. (C. A.) 114; 56 L. J. Q. B. 550, in which case 
 Wills, J., in referring to the following description, " Four 
 hundred and fifty oil paintings in gilt frames, three hundred 
 paintings unframed, twenty water-colours unf rained, and twenty 
 gilt frames," says : " The word ' specifically ' was certainly in- 
 tended to mean something sufficiently specific to enable the 
 parties to a bill of sale to identify the articles assigned, and to 
 avoid disputes as to what were and what were not included in 
 the assignment. The construction of the term ' specific ' must, 
 of course, be reasonable, neither too rigid nor too lax. I do 
 not intend to attempt to define what description will satisfy the 
 term ; but for the purpose of the present case, I am of opinion 
 that the description is not sufficient, and, if allowed to stand, 
 would lead to the retention of all the mischief and inconvenience 
 the Act of Parliament was intended to do away with. How 
 can it be contended that in accordance with the present descrip- 
 tion it can be seen or known to what articles it applies ? The 
 state of things is by no means the same here as that which 
 existed in Roberts v. Roberts \_ante~\, for this is an assignment of 
 part only of a picture-dealer's stock ; and what ingenuity can 
 say which the 450 pictures may be, when perhaps there are a 
 thousand more on the premises ? How can they be identified?" 
 (This decision was affirmed by the Court of Appeal, 20 Q,. B. D. 
 114.) Moreover, a description of chattels as "21 milch-cows" 
 has been held not to be a sufficient specific description in a bill 
 of sale, although given by a dairyman, to satisfy sect. 4 of the 
 Bills of Sale Act, 1882 {Carpenter v. Been, 23 Q. B. D. 566; 
 Witt v. Banner, ante, distinguished), although in Hiekley v. 
 Greenwood, 25 Q. B. D. 277 ; 59 L. J. Q. B. 413, the description 
 of the assigned chattels as " Roan horse, drummer, brown mare 
 and foal ; three rade carts " was held sufficient in the absence of 
 evidence of facts showing that the description was not specific 
 ( Witt v. Banner, ante, and Carpenter v. Been, ante, distinguished). 
 Again, in the recent case of Davidson v. Carlton Bank, [1893] 
 1 Q. B. 82 ; 41 W. R. 132 (C. A.), a bill of sale was given in 
 respect of furniture and other chattels. The schedule annexed 
 to the bill specified the furniture and chattels in each room 
 of the house. Under the heading " study " was the item
 
 FORMALITIES TO BE OBSERVED. 325 
 
 " eighteen hundred books as per catalogue." No evidence was 
 given that there was any difficulty in identifying the books. 
 It was held, that the books were specifically described in the 
 schedule within sect. 4 of the 1882 Act. 
 
 But the 1882 Act does not require a description of the place All the as- 
 where the assigned goods are to be given in the bill of sale. JXmostbe 
 Ex parte Hi//, In re Lane, 17 Q,. B. D. 74. It is an essential described in 
 feature of the statutory form of bills of sale that all the chattels 
 assigned should be described in the schedule. Accordingly, a 
 bill of sale, given by way of security for the payment of money, 
 which purported to assign certain chattels specifically described 
 in the schedule thereto " together with all other chattels the 
 property of the grantor then in or about certain premises and 
 also all chattels which might during the continuance of the 
 security be in or about the same or any other premises of the 
 grantor," was held void under the Act of 1882. Thomas v. 
 Kelly, 13 App. Cas. 506 ; 58 L. J. Q. B. (H. L.) 66. 
 
 (3) Defeasance, 8fc. 
 
 See the BiUs of Sale Act, 1854, s. 2, the Bills of Sale Act, 
 1878, s. 10, sub-s. 3, the Bills of Sale Act, 1882, s. 9 (p), and 
 the statutory form in the schedule to the latter Act, ante, -p. 307. 
 See also under this head, Robinson v. Colling wood, 34 L. J. C. P. 
 18; Ex parte Southam, In re Southam, L. E. 17 Eq. 578; 43 
 L. J. Bank. 39; Ex parte Collins, In re Lees, L. E. 10 Ch. 367; 
 44 L. J. Bank. 78; Ex parte Pqpplewell, In re Storey, 21 Ch. D. 
 73 ; 52 L. J. Ch. 39 ; Carpenter v. Been, 23 Q. B. D. 566 ; \V. 
 N. (1889) 186; Thomas v. Searles, [1891] 2 Q. B. 408; 60 
 L. J. Q. B. 722; and Hesettine v. Simmons, [1892] 2 Q. B. 
 547 ; 62 L. J. Q. B. 5 ; W. N. (1892) C. A. 137. 
 
 (4) Form. 
 
 See the Bills of Sale Act, 1882, s. 9 (q), ante, p. 304, and the 
 form in the schedule to that Act, ante, p. 307. 
 
 It will be seen that prior to the 1882 Act no special form of Bill of sale 
 words was requisite to constitute a bill of sale, but that by sect. ]^^ c "^ ess 
 
 (}>) The Bills of Sale Acts are set out anh . pp. 292 et sea. 
 
 (7) By the Hills of Sale Act, 1890 (53 & 54 Vict. c. 53), s. 1. letterfl of 
 
 liv])(itliic;ition of imported goods are exempted from the operation of 
 sect. 9 of the 1882 Act.
 
 326 
 
 BILLS OF SALE. 
 
 accordance 
 "with form in 
 schedule to 
 1882 Act. 
 
 Sufficient if 
 bill of sale is 
 substantially 
 lite the 
 
 statutory- 
 form. 
 
 9 of that Act, " A bill of sale made or given by way of security 
 for the payment of money by the grantor thereof shall be void 
 unless made in accordance with the form in the schedule to this 
 Act annexed." Per Brett, M. E., in Davis v. Burton, 11 Q. B. 
 D. 537 ; 52 L. J. Q. B. 636 : " It is clear to me that this Act 
 of Parliament [Bills of Sale Act, 1882] is drawn as a benevolent 
 Act towards borrowers and as a stringent Act for the holders of 
 bills of sale. It seems to me that it is the intention of sect. 9, 
 which refers to the model bill of sale given in the schedule, that 
 a bill of sale should have, as near as may be, the simplicity of 
 that model bill of sale, so that the borrower of money may 
 easily see how far he is placing a burden upon himself ; and also 
 in order that a creditor of the borrower where a bill of sale has 
 been registered may be able to see, when he comes to look at 
 the bill of sale, how far he may trust the proposed borrower. 
 The bill of sale is, therefore, to be registered in a sufficiently 
 easy form for such creditor to come to a conclusion as to its 
 meaning without being obliged to take advice. . . . The 
 legislature, in order to carry out that view, has introduced 
 sect. 9 into this Act of Parliament, in addition to other matters 
 which have been introduced, as, for instance, by sect. 7. In 
 order to carry out the simplicity of the bill of sale, and of the 
 transaction — because, if the bill of sale is to be simple, the 
 transaction also must be simple — sect. 9 provides that every bill 
 of sale made or given by way of security for the payment of 
 money by the grantor thereof shall be void — that is, void as 
 against all the world, including the grantor — unless made in 
 accordance with the form given in the schedule to the Act. I 
 do not think that this means that it shall be void unless made 
 in every particular in the form given in the schedule ; but I 
 take it that the word ' form ' is merely a word of reference to that 
 given in the schedule, and that the meaning is that, unless the 
 bill of sale is made in accordance with the model, it would differ 
 from the form in the schedule. It was suggested on behalf of 
 the claimant that everything which was not inconsistent with 
 that form would be in accordance with it. But that is an argu- 
 ment which I am unable to accept ; for the words ' in accordance 
 with the form ' must mean that the bill of sale is in form to be 
 substantially like the one given in the schedule. It must not, 
 by means of any contradiction or addition, be made substan- 
 tially different from that form. A bill of sale may be so over- 
 laid with additions as to make it unlike the form. The principle
 
 FORMALITIES TO BE OBSERVED. 
 
 327 
 
 aimed at by sect. 9 was that the recorded transaction should be as 
 simple as the transaction in the model bill of sale, and that the 
 bill of sale itself should also be as simple as the model bill of 
 sale." Moreover, although the meaning of a bill of sale may 
 be ambiguous, yet if, when its true construction is arrived at, it 
 does not differ materially from the statutory form, it will not be 
 held void by reason of its ambiguity. Ha&lewood v. Consolidated 
 Credit Co., 25 Q. B. D. 555 ; 60 L. J. Q. B. 12. 
 
 \Yhere it is clear on the face of a bill of sale and without any Variation of 
 evidence outside that document that the person signing it as tw0 at t e sta- 
 attestinp; witness in two attestation clauses is one and the same f ' on olau ses 
 
 ° .... does not 
 
 person, although his name, address, and description are given in avoid bill, 
 one clause, and his name only in the other, the bill of sale is not 
 void under sect. 9 of the Bills of Sale Act, 1882, by reason of 
 its not being in accordance with the statutory form. Bird v. 
 Dairy, [1891] 1 Q. B. 29 ; 60 L. J. Q. B. 8. 
 
 It being sufficient, as already indicated, if a bill of sale be Exact words 
 substantially like the statutory form, it need not be drawn in form need not 
 the exact words of the schedule, so that, for example, the mere be followe<i - 
 omission of the words " by way of security " from the operative 
 part of a bill of sale is not material. Per Brett, M. R., in 
 Roberts v. Roberts, 13 Q. B. D. 794 ; 53 L. J. Q. B. 313. (The 
 reader is advised to read this portion of Brett, M. R.'s judgment 
 in that case.) 
 
 The bill of sale in the following case was held to be void on Provision for 
 the ground (inter alia) of its not being in substantial accordance capitalized 
 with the statutory form through its providing for the payment lnte -^ st bm 
 of capitalized interest which, although stated to be at the rate of 
 60/. per cent., might, it was considered, amount to much more, if 
 there were a seizure of the goods consequent on any violation of 
 the covenants. Davis v. Burton, 11 Q. B. D. 537 ; 52 L. J. 
 Q. B. 636 ; and see Myers v. Elliot, (C. A.) 16 Q. B. D. 526 ; 
 55 L. J. Q. B. 233. In the latter case Lopes, L. J., said that 
 " neither capitalized interest nor bonus can be reserved in a bill 
 of sale, if that document is not to be avoided under the Act." 
 See also Lumley v. Simmon*, 34 Ch. D. 698; 56 L. T. 134; and 
 Roe v. Mutual Loan Fund, 19 Q. B. D. 347 ; 56 L. T. 631 ; 
 and, as to capitalized interest, Thorp v. Cregeen, 55 L. J. Q. B. 
 80, a decision which was, however, questioned in Myers v. Elliot, 
 ante. 
 
 With regard to interest, the following mode of payment is Statutory
 
 328 
 
 BILLS OF SALE. 
 
 form does 
 not require 
 payments of 
 interest to be 
 of equal 
 amounts. 
 
 Equality of 
 instalments 
 not obliga- 
 tory. 
 
 Bill not in 
 accordance 
 with statutory 
 form where 
 no rate of 
 interest 
 specified. 
 
 Bill void 
 when date of 
 payment is 
 uncertain. 
 
 not essential in order to comply with the statutory form, viz. : — 
 that the whole principal and interest must be ascertained once 
 and for all, and the periodical sum fixed which will satisfy both 
 principal and interest by equal sums, the relative proportion of 
 principal and interest varying in each payment, the principal 
 increasing as the interest diminishes. The payment is to be by 
 equal instalments of the principal together with the interest due 
 at the respective times of payment of the instalments of prin- 
 cipal. Goldstrom v. Tallerman, 18 Q. B. D. 1 ; 55 L. T. 866. 
 And see Edwards v. Marston, [1891] 1 Q. B. 225 ; 60 L. J. 
 Q. B. 202 (where Goldstrom v. Tallerman, ante, is distinguished). 
 It has, moreover, been decided that the liberty given by the 
 statutory form to insert stipulated times of payment other than 
 those suggested by the form excludes the necessity of the pay- 
 ments being by equal instalments, and that the provision in the 
 statutory form for equality of the instalments is therefore not 
 obligatory but subject to variation. In re Cleaver, Ex parte 
 Rawlings, 18 Q. B. D. 489 ; 56 L. J. Q. B. 197. 
 
 In Blankensteinv. Robertson, 24 Q. B. D. 543; 59 L. J. Q. B. 
 315, a bill of sale purported to assign the chattels specified in 
 the schedule as security for the payment of a loan of 50/. " and 
 interest thereon at the rate of 171. 10s. for three years," the 
 grantor covenanting to pay the grantee the principal together 
 with the interest then due in thirty-six equal instalments of 
 1/. 17s. 6<7.," commencing from the date of the instrument. It 
 was held, that the bill of sale was not in accordance with the 
 statutory form as it did not specify any rate of interest as 
 chargeable for the loan. And see in regard to assessment of 
 interest, Haslewood v. Consolidated Credit Co., 25 Q,. B. D. 555 ; 
 60 L. J. Q. B. 12 ; and In re Heseltine, Woodward v. Ilescltine, 
 [1891] 1 Ch. 464 ; reversed by the House of Lords sub noni. 
 Simmons v. Woodward, 61 L. J. Ch. 252 ; 66 L. T. 534. 
 
 The bill of sale in the undermentioned case was held to be 
 void on the following grounds, viz. : (a) its giving a power to 
 seize on default in payment on demand and not in accordance 
 with the requirements of sect. 7 and the schedule of the 1882 
 Act at a time therein provided or stipulated for payment ; and 
 (b) because of the power of sale arising forthwith on the 
 happening of any of the contingencies mentioned and not being 
 limited to the expiration of five clear days from the day of 
 seizure as required by sect. 13. Iletherinyton v. Groome, 13
 
 FORMALITIES TO BE OBSERVED. 329 
 
 Q. B. D. 789 ; 53 L. J. Q. B. 576. Bills of sale were held 
 void on like grounds in the cases of Melville v. Stringer, 12 
 Q.B. D. 132; 53 L. J. Q. B. 482; Sibley v. Higgs, 15 Q. B. D. 
 619 ; 54 L. J. Q. B. 525 ; Clemson v. Toionsend, 1 C. & E. 418; 
 Mackay v. Merritt, 34 W. E. 433 ; and Fumivall v. Hudson, 
 [1893] 1 Ch. 335; 62 L. J. Ch. 178; 68 L. T. 378. See also 
 BTughes v. Utile, 17 Q. B. D. 204; 18 Q. B. D. 32; 56 L. T. 
 477, where it was held that the fact of a payment being uncer- 
 tain because of its depending upon a contingency, the happen- 
 ing of which is uncertain, avoids the bill of sale as not being in 
 accordance with the statutory form. Per Lord Esher, M. E,., 
 "Manisty, J., in his judgment in the Divisional Court seems to 
 distinguish this case from those other cases where payment was 
 to be upon demand ; but, with great deference to him, I think 
 he has not observed this, that the bill of sale was held bad in 
 those cases because payment was to be made upon demand, that 
 is, upon a time wholly uncertain, and therefore, not in accord- 
 ance with the form ; that here, although the payment is not to 
 be made upon demand, yet it is to be made upon a contingency 
 which may or may not happen, and which makes the time of 
 payment just as uncertain as it was in those cases in which it 
 was expressed to be on demand. I think the principle applies 
 here as there, the principle being that the bill of sale cannot be 
 held to be in accordance with the form in the schedule if by any 
 reason the day of payment is uncertain. In those cases it was 
 uncertain because payment was to be on demand ; here it is 
 uncertain because it depends upon a contingency the happen- 
 ing of which is uncertain." And see on this point In re 
 Coton, Ex parte Payne, 56 L. T. 571 ; Davis v. Barton, 11 
 Q. B. D. 537 ; 52 L. J. Q. B. 636 ; Bianchi v. Offbrd, 17 
 Q. B. D. 484 ; 55 L. J. Q. B. 486 (the judgment of Bowen, 
 L. J., in which latter case is valuable). 
 
 The bill of sale in the following case was given to secure Extent of 
 payment of 30/. by instalments with interest at 60/. per cent, fff >re !?" >n 
 per annum and contained covenants by the grantor {inter alia) maintenance 
 to preserve and keep the assigned chattels whole, safe, and of the's!^',!- ' 
 uninjured (reasonable wear and tear only excepted), and during rit 7-" 
 the continuance of such security to replace such of them as 
 should be worn out by other articles of equal value, so as 
 thereby to maintain the original value of the chattels. The 
 grantee was moreover empowered to test the condition of the 
 assigned chattels, and, if necessary, require them to be repaired
 
 330 BILLS OF SALE. 
 
 in the ordinary way, in certain events to seize and sell the 
 chattels and retain out of the proceeds (inter alia) all costs, 
 charges, and expenses incurred " in discharging any distress, 
 execution, or incumbrance on the goods " and " in the carriage, 
 removal, warehousing, valuing, or sale thereof." It was held, 
 that the bill of sale was made substantially in accordance with 
 the statutory form, the above-mentioned provisions being covered 
 by the expression " or otherwise for the maintenance or defeas- 
 ance of the security," and that accordingly the bill of sale was a 
 good one. The Consolidated Credit and Mortgage Corporation v. 
 Gosneg, 16 Q. B. D. 24 ; 55 L. J. Q. B. 61. 
 
 Moreover, where, as in the following case, the bill of sale 
 contained covenants by the grantor that he (a) would not 
 remove the assigned chattels or any of them from the premises 
 where they then were, without the grantees' written consent, 
 
 (b) would not permit or suffer such chattels, or any part thereof, 
 to be destroyed or injured or to deteriorate in a greater degree 
 than they would deteriorate by reasonable use and wear thereof, 
 
 (c) would, whenever any of such chattels were destroyed, injured, 
 or deteriorated, forthwith replace, repair, and make good the 
 same, (d) would pay all rents, rates, taxes, and interest on 
 mortgages payable in respect of the premises where the assigned 
 chattels then were or might be removed to with the grantees' 
 consent, and (e) would, on demand in writing, produce and 
 show to the grantees his last receipt or receipts for rent, rates, 
 and taxes in respect of such premises ; whilst, in case default 
 should be made by the grantor in performance of any of his 
 above covenants (and all of which covenants were thereby declared 
 and agreed to be necessary for the maintenance of the security 
 thereby created), the grantees were empowered immediately to 
 seize and, after five days, to sell the mortgaged chattels, it was 
 held (reversing the judgment of Bowen, L. J.), that, whilst the 
 fact that the parties had agreed that such covenant was neces- 
 sary for the maintenance of the security did not make it so, the 
 covenant to replace and repair articles destroyed, injured, or 
 deteriorated, was necessary for the maintenance of the security 
 and that accordingly it did not purport to give a power, on 
 default, to seize and take possession for a cause not being 
 one of those enumerated in the 7th section of the Act ; for 
 which reason the bill of sale was not vitiated by such covenant. 
 Per Sir James Hannen : " Both the grantor's above covenant 
 not to remove the goods without the grantees' consent and the
 
 FORMALITIES TO BE OBSERVED. 331 
 
 covenant to on demand in writing produce and show to the 
 grantees the grantor's last receipt for rent, rates, and taxes were 
 necessary for the maintenance of the security." Furber v. Cobb, 
 18 Q. B. D. 494 ; 5G L. J. Q. B. 273 ; 56 L. T. 689 ; and see 
 Turner v. Calpaa, 58 L. T. 340 ; 36 TV. B. 278 ; and In re 
 Paxton, Ex parte Pope, 60 L. T. 428. 
 
 A provision empowering the grantee to take the goods at his 
 valuation is not, however, a provision for the maintenance of the 
 security, hut goes far beyond any proper or legitimate main- 
 tenance and vitiates the hill of sale. Lyon v. Morris, 19 Q. B. 
 D. 139 ; 56 L. J. Q. B. 378 ; 56 L. T. 915. 
 
 Again, the hill of sale in the following case provided that the 
 grantor would insure and keep insured the chattels therein com- 
 prised against loss or damage by fire in a certain sum, and that, 
 in default of his so doing, the grantee might insure the same, 
 and that moneys expended for such purpose, together with 
 interest thereon at the rate of 5/. per cent, per annum from the 
 date of the same having been expended, should on demand be 
 repaid by the grantor, and until such repayment should be a 
 charge upon all the premises thereby mortgaged. It was held, 
 that such provision did not contravene the statutory form. 
 (ffetherington v. Groome, 13 Q. B. D. 789 ; 53 L. J. Q. B. 576, 
 distinguished). In re Barber, Ex parte Stanford, 17 Q. B. D. 
 259 ; 55 L. J. Q. B. 339. 
 
 Moreover, where a bill of sale gives the grantee, in addition 
 to a power to keep on foot the insurance, power to pay all rent, 
 rates, taxes, charges, assessments, and outgoings which may 
 become due and payable in respect of the premises in which the 
 mortgaged chattels are, and it is provided that thereupon all 
 such payments together with interest thereon at a specified rate 
 shall be a charge upon such chattels, such provisions have been 
 held (on the authority of In re Barber, Ex parte Stanford, ante) 
 to be justified by the power given by the statutory form to 
 insert terms as to insurance, payment of rent, or otherwise, 
 which the parties may agree to for the maintenance or defeas- 
 ance of the security. Goldstrom v. Tallerman, 18 Q. B. D. 1 ; 
 55 L. T. 866 ; but see Ike Peal and Personal Advance Co. v. 
 Clears, 20 Q. B. D. 304 ; 57 L. J. Q. B. 164 (where Bianchi v. 
 Offord, ante, followed, and Gohhtrom v. Tallerman and In re 
 Barber, Ex parte Stanford, ante, distinguished). See also Topley 
 v. Corsbie, 20 Q. B. L>. 350; 57 L. J. Q. B. 271 ; Macey v, 
 Gilbert, 57 L. J. Q. B. 461; as also the recent case of Briggs v.
 
 332 BILLS OF SALE. 
 
 Pike, (C. A.) 61 L. J. Q. B. 418 (where The Real and Personal 
 Advance Co. v. Clears, ante, distinguished.) And as to main- 
 tenance of the security in connection with agreement to pay 
 insurance, see Hammond v. Hocking, 12 Q. B. D. 291 ; and 
 Furber v. Abrey, 1 0. & E. 186. 
 
 A clause in a bill of sale, empowering the grantee " to sell the 
 goods by private treaty or public auction on or off the premises," 
 has been held to be a clause " necessary for the maintenance of 
 the security" within the meaning of the statutory form. Bourne 
 v. Wall, 64 L. T. 530 ; 39 W. E. 510. 
 
 In the undermentioned case a bill of sale to secure the pay- 
 ment of a loan contained the following provisions : — first, that 
 the grantor should pay the interest on mortgages in respect of 
 premises where the assigned chattels then were or might be 
 removed to ; and second, that upon payment of the loan the bill 
 of sale, and any documents signed in relation to the loan, should 
 remain in the custody and be the property of the grantee. It 
 was held, that the bill of sale was not in accordance with the 
 statutory form, and consequently void by reason of each of these 
 provisions ; for the first was wide enough to include mortgages 
 under which there was no power of distress by which the 
 assigned chattels might be affected, and was so far not for the 
 maintenance of the security ; and the second interfered with the 
 legal right of the grantor to the possession of the bill of sale and 
 documents, and was not immaterial, and therefore altered the 
 legal effect of the form. Watson v. Strickland, 19 Q. B. D. 391; 
 56 L. J. Q. B. 594. 
 
 To return to In re Barber, Ex parte Stanford, ante, by the bill 
 of sale in that case the grantor " as beneficial owner " assigned 
 certain chattels to the grantee as security for payment of certain 
 moneys. It was held, that the insertion of the words " as bene- 
 ficial owner " has the effect of introducing into the statutory 
 form covenants not to be found in it, nor authorized as terms 
 for the maintenance of the security, and at variance with the 
 statute of 1882, and consequently that the bill of sale in 
 question was void under the 9th section of that Act. (The 
 reader is strongly advised to read the entire judgment of 
 Bowen, L. J., in this case.) 
 
 A covenant in a bill of sale by the grantor for further assur- 
 ance by himself, and any other person or persons claiming by 
 or through him, is not in contravention of the statutory form, 
 and does not therefore invalidate the bill of sale. In re Cleaver,
 
 FORMALITIES TO BE OBSERVED. 
 
 333 
 
 Ex parte Rawlings, 18 Q. B. D. 489 ; 56 L. J. Q. B. 197. Per 
 Fry, L. J. : "It was contended that the covenant for farther 
 assurance at the cost of the mortgagor was in excess of the 
 statutory form. But in our opinion such a covenant was one 
 for the maintenance of the security, and consequently free from 
 objection." And see Bodocanachi v. Milburn, 18 Q. B. D. 07 ; 
 56 L. T. 594. 
 
 In Furberv. Cobb, 18 Q. B. D. 494; 56 L. J. Q. B. 27:!, 
 there was a declaration in the hill of sale of the trusts of the 
 sale moneys enabling the grantees, who were co-partners as 
 auctioneers, to pay themselves the costs, charges, and expenses 
 of and attending the sale, including therein " their full charges 
 and commission as auctioneers, as if they were selling on behalf 
 of the grantor," coupled with the ordinary proviso at the end 
 against the grantees' seizure or taking possession of the assigned 
 chattels for any cause other than those specified in sect. 7 of the 
 Bills of Sale Act, 1882. It was held that the bill of sale was 
 vitiated by the right conferred on the grantees to reimburse 
 themselves out of the sale moneys their full charges and com- 
 mission as auctioneers, having regard to the same being a 
 provision for securing to the grantees a larger advantage than 
 they would have had if the statutory form had been followed, it 
 not being a provision for the maintenance of the security, but a 
 provision for obtaining for the grantees, in addition to that 
 security, the trade profits as auctioneers on the sale. 
 
 The grantor in the following case agreed (inter alia) to perform Nbn-disclo- 
 the covenants and stipulations contained in the therein recited of Vale of 
 indenture, but such covenants and stipulations did not appear covenants in 
 from the bill of sale itself, and it was held that the bill of sale ture avoids 
 was invalid, having regard to the necessity of a bill of sale being bl11- 
 in accordance with the statutory form, and, in particular, to the 
 impracticability of anyone in this case seeing what were the 
 covenants and stipulations in question. Lee v. Barnes, 17 
 Q. B. D. 77. 
 
 A provision " that the power of sale conferred upon mortgagees Proviso 
 by the Conveyancing and Law of Property Act, 1881, shall be ^."jotf 
 exercised by them in every respect as if the 20th section of the Conveyancing 
 said Act had not been enacted, and that the mortgagees shall does not avoid 
 stand possessed of the proceeds of any sale made by them, upon 
 trust to retain thereout the said principal sum, or so much thereof 
 as for the time being remains unpaid, and the interest then due, 
 together with all costs, charges, payments, and expenses incurred, 
 
 bill.
 
 334 BILLS OF SALE. 
 
 made, or sustained by the mortgagees in or about entering upon 
 the said premises, and in discharging any distress, execution, or 
 other incumbrance on the said fixtures, chattels, or things, or any 
 of them, and seizing, taking, retaining, and keeping possession 
 thereof, and in or about the carriage, removal, warehousing, 
 valuing, or sale (including the cost of inventories, catalogues, or 
 other advertising) thereof, or any part thereof," together with 
 the ordinary proviso against seizure or possession of the assigned 
 chattels for any other cause than those specified in the 7th section 
 of the 1882 Bills of Sale Act, was held by Lord Esher, M. R., 
 Cotton,- Lindley, Bowen, and Lopes, L. JJ. (Fry, L. J., dis- 
 senting), not to render the bill of sale void under sect. 9 of the 
 1882 Act as not being in accordance with the statutory form. 
 Ex parte Official Receiver, In re Morritt, 18 Q. B. D. (C. A.) 222 ; 
 56 L. J. Q. B. 139. See also Watkins v. Evans, 18 Q. B. D. 
 386 ; 56 L. J. Q. B. 200 ; and Calvert v. Thomas, 19 Q. B. D. 
 204; 56 L. J. Q. B. 470; and as to provision for exercise of 
 power of sale under the Conveyancing and Law of Property Act, 
 1881, see Ex parte Bentley, In re Morritt, 34 W. R. 579. More- 
 over, the power of sale, which according to the decision of the 
 majority of the Court of Appeal in Ex parte Official Receiver, In 
 re Morritt, ante, arises on the exercise of the power to seize, 
 carries with it implied trusts of the sale moneys, and, therefore, 
 express trusts thereof, which are reasonable and proper under 
 the circumstances of the case, do not vitiate such bill of sale. 
 Lumley v. Simmons, 56 L. J. Ch. 329. 
 Proviso that A bill of sale, which has an addition in the shape of a pro- 
 found to X ' vision to the effect that a purchaser need not take steps to satisfy 
 inquire as to himself that default has been made by the grantor, is not in 
 
 default avoids . . . 
 
 bill. accordance with the statutory form, and is consequently void. 
 
 Parsons v. Ilargrcarcs, 55 L. J. Q,. B. 408 (see judgment of 
 
 Lord Coleridge, L. C. J., in this case). This decision was 
 
 followed by the Court of Appeal in the subsequent similar case 
 
 of Blaiberg v. Beckett, 18 Q. B. D. 96 ; 56 L. J. Q. B. 35 ; 55 
 
 L. T. 876. 
 
 Proviso A bill of sale contained a proviso giving power to the grantees 
 
 r.) seize larger to seize the chattels granted by the instrument if the "mort- 
 
 than statu- gagors should take the benefit of any Bankruptcy Act." The 
 
 tory power ° ° J L J 
 
 avoids bill. Bankruptcy Act, 1883, enables a person not only to become a 
 bankrupt but to effect a composition with his creditors. It was 
 held, that the bill of sale was bad, as it conferred upon the 
 grantees the power to seize on the grantors taking the benefit of
 
 FORMALITIES TO BE OBSERVED. 335 
 
 any Bankruptcy Act, which was a larger power than the 
 statutory power to seize conferred by the Bills of Sale Act, 
 1882, which is limited to the event of a grantor becoming a 
 bankrupt. Gilroy v. Bowey, 59 L. T. 223. 
 
 As already intimated, it is an essential feature of the statutory Statutory 
 form that all the chattels assigned should be described in the fouled 
 schedule. Accordingly, a bill of sale given by way of security where 
 for the payment of money, which purported to assign certain specifically 
 chattels specifically described in the schedule thereto, together descnlj ed ; 
 with all other chattels the property of the grantor then in or 
 about certain premises, and also all chattels which might during 
 the continuance of the security be in or about the same or any 
 other premises of the grantor, has been held void in toto under 
 the 1882 Act for non-compliance with the statutory form in that 
 respect. Thomas v. Kelly, 13 App. Cas. 506; 58 L. J. Q. B. 
 75 ; and see Sadden, Best and Co. v. Oppenheim, 60 L. T. 962. 
 "Where the schedule comprises chattels real as well as personal nor -where 
 
 son on i lift 
 
 chattels, the bill of sale is not made in accordance with the contains 
 statutory form. Cochrane v. EntvMle, 25 Q. B. D. 116 ; 59 chattels real. 
 L. J. Q. B. 418. 
 
 As already intimated {>•), an untrue statement of the con- Untrue state- 
 sideration is not a deviation from the statutory form, and there- sideration not 
 fore does not render the bill of sale wholly void under sect. 9 of * deviation 
 
 . oi tit from etatu- 
 
 the 1 882 Act, but only m respect of the personal chattels com- tory form ; 
 prised therein under sect. 8 ; and a collateral agreement that the nor non- 
 bill of sale shall not be made available till certain other securities stipulation as 
 
 are exhausted is not a term for the "defeasance" of the security, t° exhausting 
 
 . , other securi- 
 
 and the non-msertion of such an agreement does not make the ties. 
 
 bill void under sect. 9 as not being in accordance with the 
 
 statutory form. Heseltine v. Simmons, [1892] 2 Q. B. 547 ; 
 
 (C. A.) W. N. (1892) 137. 
 
 Improper conditions or covenants in a bill of sale are not Improper 
 
 cured by a provision (similar to that in the statutory form) that oJJnot be 
 
 the mortgaged chattels shall not be liable to seizure, or to be cured D F 
 
 taken possession of by the grantee, for any cause other than corporating 
 
 those expressed in sect. 7 of the 1882 Bills of Sale Act. Ex parte sect- ' ■ 
 
 Pearce, In re Williams, confirmed on appeal, 25 Ch. D. 656 ; 53 
 
 L. J. Ch. 500. 
 
 (»•) Under " Statement of Consideration," ante, p. ol!>, and the cited 
 
 eases under " Defeasance," ante, p. 32 ').
 
 336 
 
 BILLS OF SALE. 
 
 How far bill A bill of sale not in accordance with the statutory form is 
 
 oi sale not m • i ; -n • • i 
 
 accordance void to all intents and purposes, including therefore the covenant 
 lory form 11 " for P a y ment therein contained. Davies v. Bees, 17 Q. B. D. 
 void. 408 ; 55 L. J. Q. B. 363 ; and see Thomas v. Kelly, ante. But 
 
 the fact of a stipulation in a promissory note identical in dates 
 and figures with a bill of sale for which it is given as collateral 
 security rendering the bill of sale void does not make the pro- 
 missory note invalid. The Monetary Advance Co. v. Cater, 20 
 Q. B. D. 785 ; 57 L. J. Q. B. 463. Moreover, a deed compris- 
 ing personal chattels, which is void as a bill of sale, may be 
 valid as to other property comprised in it. In re Burdett, Ex 
 parte Byrne, 20 Q. B. D. 310 ; 57 L. J. Q. B. 263, where Davies 
 v. Bees was explained and distinguished. 
 
 " It is very difficult to find any certain path among the conflict- 
 ing data of the Court of Appeal, but as far as I am able to under- 
 stand those dicta two propositions have been laid down. In the 
 first place it is laid down that if any provision is inserted in a 
 bill of sale which substantially changes the position of the 
 parties from that which it would have been if the bill of sale 
 had been drawn strictly in accordance with the form in the 
 schedule, that is sufficient to invalidate the bill of sale. Secondly, 
 such a provision none the less invalidates a bill of sale if a 
 clause is inserted at the end to the effect that if there be any- 
 thing in the bill of sale contrary to the provision of the Act it 
 shall have no effect, and the bill of sale shall be deemed to be 
 rightly drawn. These two propositions have not been ques- 
 tioned by any of the judges of the Court of Appeal. It has 
 also been further decided by all the judges, with the exception of 
 Fry, L. J., that if a bill of sale contains a bare or naked cove- 
 nant which possibly might give a right of action, but so far as 
 the bill of sale is concerned does not and cannot alter the rights 
 of the parties, that may be treated as superfluous, or, in other 
 words, that where a provision is inserted in a bill of sale which, 
 construed by the light of the Bills of Sale Act is excessive, and 
 that provision is coupled with a right to seize, the bill of sale is 
 invalid, but if it is not coupled with a power to seize, then it is 
 to be rejected on the ground that super ft ua non nocent, and the 
 bill of sale is valid. These are the distinct propositions which, 
 as far as I am able to understand, have been hitherto laid down 
 on the construction of this Act." Per Lord Coleridge, L. C. J., 
 in Barr v. Kingsford, 56 L. T. 861.
 
 FORMALITIES TO BE OBSERVED. 337 
 
 (5) Attending Execution. 
 
 (a) Description of Parties. 
 
 See the Bills of Sale Act, 1854, s. 1, and the Bills of Sale Act, 
 1878, s. 10, sub-s. 2(s). 
 
 The object of the 1854 Act was to give the creditor a true idea Description 
 of the grantor's position in life, and therefore a misdescription ° gran or " 
 or absence of a true description in regard to his occupation was 
 substantial and invalidated the transaction. Alien v. Thompson, 
 1 H. & N. 15 ; 25 L. J. Ex. 249 ; and see Corbett v. Roice, 25 
 \V. 11. 59. And where there is an error in the name of the 
 grantor of a bill of sale the test is : — Is the mischief one that is 
 calculated to deceive and has deceived creditors ? In re Wood, 
 Ex parte Jlcllattie, 10 Ch. D. 398; 48 L. J. Bank. 26; and 
 Button v. O'Neill, 4 C. P. D. 354 ; 48 L. J. C. P. 368. The 
 description of the grantor's residence and occupation required to 
 be filed by the 1854 Bills of Sale Act is that of such residence, 
 &c. at the time of the making of the affidavit, and not that at 
 the time of the giving of the bill of sale. Button v. O'Neill, 
 ante, but see In re Hewer, Ex parte Kahen, 21 Ch. D. 871 ; 51 
 L. J. Ch. 904. And see as to grantor's description in a bill of 
 sale under the 1854 Act, Moreivood v. South Yorkshire Bail. Co., 
 3 H. & N. 798; 28 L. J. Ex. 114; Allen v. Thompson, ante; 
 Beales v. Tennant, 29 L. J. Q. B. 188; Pickard v. Bretz, 5 H. 
 & N. 9 ; 29 L. J. Ex. 18 ; 1 L. T. 45 ; Foulger v. Taylor, 1 L. 
 T. 57 ; Sutton v. Bath, 3 II. & N. 382 ; 27 L. J. Ex. 388 ; 
 Adams v. Graham, 33 L. J. Q. B. 71 ; 9 L. T. 606 ; Ileicer v. 
 Cox, 30 L. J. Q. B. 73 ; 3 L. T. 508 ; Gray v. Jones, 14 C. B. 
 N. S. 743 ; and Larch in v. North Western Deposit Bank, L. R. 
 10 Ex. 64; 44 L. J. Ex. 71. The omission of a part of the 
 description of the grantor of a bill of sale, which was neither 
 intended nor calculated to deceive, and did not in fact deceive, 
 will not, if the description is correct, invalidate the bill of sale. 
 Throsscll v. Marsh, 53 L. T. 321. 
 
 The registration of a bill of sale in the name of the grantor by Name. 
 which he is known and recognized at the time is sufficient and 
 valid. Central Bank v. Hawkins, 62 L. T. 901. Where in a 
 bill of sale, executed by a man and his wife, the grantor made 
 use of the christian name of " Alfred," his real name being 
 "George Henry Arthur " S., whilst his wife was described as 
 
 (a) The Bills of Sale Acts are set out ante, pp. 292 d seq. 
 M. /
 
 338 BILLS OF SALE. 
 
 "the wife of Alfred S.," it was held that the registration of the 
 bill of sale was not thereby rendered invalid, and that neither 
 the Bills of Sale Act of 1878 nor the amendment Act of 1882 
 contained any provision requiring the grantor to make use of 
 his own christian name. Downs v. Salmon, 20 Q. B. D. 775 ; 
 57 L. J. Q. B. 454. In Lee v. Turner, 20 Q. B. D. 773 ; 59 
 L. T. 320, the grantor of a bill of sale was therein and in the 
 affidavit filed upon registration described as " Kendrick Turner, 
 Tutor," whereas, in fact, his name was Frederick Henry Turner, 
 and he was a schoolmaster. It was held, that such misdescrip- 
 tion rendered the registration of the bill of sale void. 
 Occupation. One who up to and at the time of a bill of sale had never 
 
 been actually engaged in any trade or occupation was held 
 properly described therein (or in the affidavit filed therein) as a 
 " gentleman." Gray v. Jones, 14 C. B. N. S. 743. The lessee 
 and manager of a theatre is not sufficiently described as " esquire" 
 within the meaning of sect. 1 of the 1854 Bills of Sale Act. 
 Ex parte Ilooman, In re Fining, L. R. 10 Eq. 63 ; 39 L. J. 
 Bank. 4. See also Cooper v. Davis, 48 L. T. 831 ; 32 W. E. 
 329 (0. A.). The business, required by the 1878 Act to be 
 stated in the affidavit, is that by which the grantor of the bill of 
 sale ordinarily seeks to make his livelihood, in respect of which 
 he contracts debts, and which is his substantial as distinguished 
 from any ancillary employment which he may carry on in 
 addition for amusement or otherwise. Ex parte The National Mer- 
 cantile Bank, In re Haynes, (0. A.) 15 Ch. D. 42 ; 49 L. J. 
 Bank. 62 ; 43 L. T. 36 ; In re Moulson, Ex parte Knightlcy, 51 
 L. J. Ch. 823. In Sharp v. McHenry, Sharp v. Brown, 38 Ch. 
 D. 427 ; 57 L. J. Ch. 961, the grantor of a bill of sale made 
 in 1879 was described as a " contractor and financial agent." 
 He had actively carried on the business of a financial agent 
 down to 1874, when he became involved in litigation arising out 
 of that business, which absorbed the whole of his time to the 
 exclusion of other business. It was held, that the grantor's 
 occupation was correctly described within the Bills of Sale Act, 
 1878, s. 10, sub-s. 2. See the judgment of Kay, J., therein as 
 to the meaning and purpose of that sub-section. In a bill of 
 sale on the furniture of an hotel, the licence for which was taken 
 out in the name of a third person, the grantor who carried on 
 the business of the hotel was described as " a married woman." 
 This was held to be a sufficient description. Usher v. Martin, 
 61 L. T. 778.
 
 FORMALITIES TO BE OBSERVED. 339 
 
 In Greenhorn v. Child, 24 Q. B. D. 29; 59 L. J. Q. B. 27, Residence, 
 the grantor resided at X. and carried on business there and at 
 Y. & Z., and a statement in the affidavit that he resided at X. 
 was held to be a sufficient description of his residence. 
 
 In a bill of sale the grantee's residence was incorrectly re- Description 
 ferred to as "Boldock, in the County of Hereford"; the deed of grantee - 
 was registered and re-registered, and in the affidavit on the 
 renewal of registration the grantee's residence was correctly 
 stated as " Baldoek, in the County of Hertford." It was held 
 that, as sucli residence was not stated in the affidavit as it was 
 stated in the bill of sale, the bill of sale was, under sect. 11 of 
 the Bills of Sale Act, 1878, invalid as against the execution 
 creditor. Ex parte Welder, In re Morris, 22 Ch. D. 136 ; 52 
 L. J. Ch. 375. In the undermentioned case under the 1882 
 Act, the grantee of a bill of sale was described as " The Discount 
 Bank of London .... of which said bank L. S. of the same 
 place is the sole proprietor." Reference was made in other 
 parts of the bill of sale to " the said bank " as the grantee, and 
 the chattels were assigued " to the said bank and its assigns." 
 It was held by the House of Lords, reversing the decision of the 
 Court of Appeal, that there was no ambiguity in the description 
 of the grantee who was sufficiently identified in the instrument 
 as L. S. /// re Ileseltine, Woodward v. Heseltine, [1891] 1 Ch. 
 464 ; reversed by the House of Lords, sub nom. Simmon* v. 
 Woodward, 61 L. J. Ch. 252; "W. N. (1892) 38. 
 
 (b) Attestation. 
 
 See the Bills of Sale Act, 1854, s. 1 ; the Bills of Sale Act, 
 1878, s. 10, sub-ss. 1 and 2 ; and the Bills of Sale Act, 1882, 
 ss. 8 and 10(0- 
 
 As to description of residence and occupation of attesting Description 
 witness on filing under the 1854 Act, see Attenhorouqh v. of residence 
 
 ° J and occupa- 
 
 Tkompson, 2 H. & X. ooi) ; 27 L. J. Ex. 23; Black-well v. England, tion of attest- 
 27 L. J. Q. B. 121 ; Luton v. Sanoner, 3 H. & X. 280 ; 27 SffSsJ* 
 L. J. Ex. 2!):} ; Sladdeti v. Sergeant, 1 F. & F. 322; . , v. Act - 
 
 Cooper, 3 II. & X. 384 ; 27 L. J. Ex. 393 ; Bath v. Sutton, 1 
 F. & F. 152 ; 27 L. J. Ex. 388 ; Dryden v. Hope, 9 W. II. 18 ; 
 3 L. T. 280; and Banbury v. White, 2 II. & C. 300 ; 32 L. J. 
 Ex. 258 ; as also Shears v. Jacobs, L. R. 1 C. P. 513 ; 35 L. J. 
 
 (t) The Bills of Salo Acts arc sot out ante, pp. 292 - 1 sey. 
 z2
 
 340 
 
 BILLS OF SALE. 
 
 Under 1878 
 Act bill to be 
 attested and 
 explained by 
 solicitor : 
 
 but be cannot 
 attest bill in 
 bis own 
 favour. 
 
 Under 1882 
 Act, attesta- 
 tion to be by- 
 witness. 
 
 Description 
 of attesting 
 witness under 
 1878 and 1882 
 Acts. 
 
 C. P. 241 ; Befell v. White, L. E. 2 C. P. 144 ; 36 L. J. 0. P. 
 25 ; and Briggs v. Boss, L. E. 3 Q. B. 268 ; 37 L. J. Q. B. 101. 
 
 Under the 1878 Act, s. 10, the execution must he attested by 
 a solicitor of the Supreme Court, and the attestation clause must 
 state that the hill of sale has heen explained to the grantor by 
 such solicitor. Where, by the attestation clause, the bill of sale 
 purports to have been explained to the grantor by the attesting 
 solicitor, the provisions of the 1878 Act respecting attestation 
 are fully complied with, and the validity of the document is not 
 affected by the omission of the attesting solicitor to give the 
 explanation which he says that he has given. But such solicitor 
 would, as an officer of the Court, be liable to punishment for 
 misbehaviour. Ex parte The National Mercantile Bank, In re 
 Eaynes, 15 Ch. D. 42 ; 49 L. J. Bank. 62. 
 
 A solicitor cannot be the attesting witness of a bill of sale 
 made in his favour, so as to satisfy the attestation requirements 
 of the 1878 Bills of Sale Act. Seal v. Claridge, 7 Q. B. D. 516; 
 50 L. J. Q. B. 316. But the execution of a bill of sale under 
 the 1878 Bills of Sale Act may be attested by the grantee's 
 solicitor. Penicarden v. Roberts, 9 Q. B. D. 137 ; 51 L. J. 
 Q. B. 312. 
 
 But now, under the 1882 Act, the execution of a bill of sale 
 is to be " attested by one or more credible witness or witnesses 
 not being a party or parties thereto," and the previous necessity 
 of the attestation clause indicating that the bill of sale had been 
 previously explained to the grantor by the attesting witness is 
 now dispensed with. The Bills of Sale Act, 1882, repeals 
 sect. 10 of the 1878 Act only so far as that section relates to 
 bills of sale given by way of security for the payment of money. 
 Accordingly, bills of sale granted by way of absolute transfer 
 must still be attested in accordance with the attestation require- 
 ments of sect. 10. Casson v. Churchletj, 53 L. J. Q,. B. 335; 50 
 L. T. 568 {Swift v. Fannell, 24 Ch. D. 210, followed) . Eeferring 
 to the above partial repeal of sect. 10 of the 1878 Act, an attorney 
 may now be appointed to execute a bill of sale by way of security 
 for the grantor, and the grantee may be so appointed, although 
 he cannot require any but one in accordance with the statutory 
 form. Furnivallv. Hudson, [1893] 1 Ch. 335 ; 2 L. J. Ch. 178 ; 
 68 L. T. 378. 
 
 With regard to the description of the attesting witness, 
 " Walter Neve of Luton in the county of Bedford, solicitor," 
 has been held to be a sufficient description of the attesting
 
 FORMALITIES TO BE OBSERVED. 341 
 
 witness within the 1878 Act. Gardner v. Smart, 1 C. & E. 14. 
 And see as to address and description of attesting witness under 
 the Bills of Sale Act, 1882, In re Heseltine, Woodward v. Hesel- 
 tine, [1891] 1 Ch. 464; and sub nom. Simmons v. Woodioard, 
 61 L. J. Ch. 252 ; W. N. (1892) 38. With regard to the 
 attestation requirements of the 1882 Act (sect. 8), a defect in 
 the required address and description of the attesting witness is 
 not cured by the fact that such address and description appear 
 in the registration affidavit. Parsons v. Brant/, Coulson v. 
 Dickson, 25 Q. B. D. 110; 59 L. J. Q. B. 189; and see 
 Blankemtein v. Robertson, 24 Q. B. D. 543 ; 59 L. J. Q. B. 
 315 ; and Bird v. Dare,/, [1891] 1 Q. B. 29 ; 60 L. J. Q. B. 8. 
 The attesting witness to a bill of sale may properly insert therein 
 as his address the place where he is occupied during the day, 
 though he does not sleep there. In re Ileseltine, Woodward v. 
 Heseltine, [1891] 1 Ch. 464 ; 60 L. J. Ch. 357. 
 
 (c) Affidavit of Execution and Attestation. 
 
 See the Bills of Sale Act, 1854, s. 1, and the Bills of Sale 
 Act, 1878, s. 10, snb-s. 2 («). 
 
 The affidavit of the attesting witness to the execution of a bill Attestation 
 of sale, required by sect. 1 of the 1854 Bills of Sale Act to be ecriptionof 
 filed with the bill, will be sufficient, if, on comparison with the Wltliess - 
 bill, it appears to have been made by the attesting witness. 
 Routh v. Roublott, 28 L. J. Q. B. 240. Such affidavit (under 
 the 1854 Act) must give either directly or by reference to the 
 bill of sale, a description of the residence and occupation of the 
 attesting witness at the time of his attesting the bill of sale. 
 Brodrick v. Scale, L. E. 6 C. P. 98 ; 40 L. J. C. P. 130. But 
 an insufficient description of an attesting witness to a bill of 
 sale under the 1854 Act, contained in his affidavit registered 
 therewith, may be cured by reference to a sufficient description 
 of him in the attestation clause of the bill of sale. Ex parte 
 Mackenzie, In re Bent, 42 L. J. Bank. 25; 28 L. T. 486. 
 Where a bill of sale was attested by two witnesses and regis- 
 tered, and the registration affidavit only, however, contained a 
 description of one of the attesting witnesses, it was held that 
 there must be an affidavit describing both the witnesses, as well 
 
 (») Tho Bills of Sale Acts are set out ante, pp. 29:2 et seq.
 
 342 BILLS OF SALE. 
 
 as verifying the copy of the bill of sale. Pickard v. Marriage, 1 
 Ex. D. 364 ; 45 L. J. Ex. 594. See also Bhiberg v. Parke, 10 
 Q. B. D. 90; 52 L. J. Q. B. 110; Ex parte Young, In re 
 Symonds, 42 L. T. 744 ; and Blount v. Harris, 4 Q. B. D. 603 ; 
 48 L. J. a. B. 159. 
 
 By the affidavit of attestation required by the 1878 Act (sect. 
 10, sub-sect. 2), it must be shown that the attesting witness was 
 present at the execution of the bill of sale. Accordingly, such 
 an affidavit which only verified the signature of the attesting 
 witness was held to be insufficient and the registration of the 
 bill of sale consequently invalid. Sharp v. Birch, 8 Q. B. D. 
 Ill; 51 L. J. Q. B. 64; Ford v. Kettle, 9 Q. B. D. 139; 51 
 L. J. Q. B. 558 ; and In re Moulson, Ex parte Knigldley, 51 
 L. J. Ch. 823. It is not, however, necessary for the affidavit of 
 attestation to state in so many words that the attesting witness 
 did attest the bill of sale. It is sufficient if this can be inferred 
 from such affidavit. Yates v. Asheroft, 47 L. T. 337 ; and see 
 Cooper v. Zefert, (C. A.) 32 W. E. 402. 
 Execution by The affidavit of execution and attestation must state that the 
 
 TIKI (ipQr;i*lT) — 
 
 tion of bill of sale has been duly executed and attested, and also give a 
 
 grantor. description of the residence and occupation of the grantor. In 
 
 Ex parte Carter, In re Threapplcfon, 12 Ch. D. 78; 41 L. T. 37, 
 the attesting solicitor in his affidavit only stated that he saw the 
 grantor sign and execute the bill of sale. It was held that such 
 affidavit was sufficient, within the meaning of sect. 10, sub-sect. 
 2, of the Bills of Sale Act, 1878. See also Ex parte Bolland, 
 In re Roper, 21 Ch. D. 543; 52 L. J. Ch. 113. An affidavit, 
 which swore positively as to the time of the making of the bill 
 of sale, but qualified the description of the residence and occu- 
 pation of the person making it by stating them to be to the best 
 of the belief of the deponent, was held sufficient to satisfy the 
 requirements of the 1854 Act. Hoc v. Bradshaw i L. R. 1 Ex. 
 106 ; 35 L. J. Ex. 71. In Jones v. Harris, L. R. 7 Q. B. 157; 
 41 L. J. Q. B. 6, it was held that a defect as to the description 
 of the grantor's residence in the filed affidavit might be cured 
 by reference to the bill of sale.
 
 REGISTRATION. 343 
 
 Registration. 
 
 See the Bills of Sale Act, 1854, sects. 1, 3, 5, and 6, the Bills 
 of Sale Act, 1866, the Bills of Sale Act, 1878, sects. 8, 10, 11, 
 12, 13, 14, 15, and 10, and the Bills of Sale Act, 1882, sects. 8, 
 11, 15, and 16 (x). See also Ilatton v. English, 7 El. & Bl. 
 94 ; 26 L. J. Q. B. 161 ; Green v. Attenborourjh, 3 II. & C. 468 ; 
 34 L. J. Ex. 88 ; Marpks v. Hartley, 3 El. & E. 610 ; 30 L. J. 
 Q. B. 92 ; Cookson v. Swire, 9 App. Cas. 653 ; Garrard v. Meek, 
 43 L. T. 760 ; Sharp v. McHenry, Sharp v. Broicn, 57 L. J. Ch. 
 961; Ex parte Blaiberg, In re Toomer, 23 Ch. D. 254; the im- 
 portant decision, on {inter alia) sect. 10 of the 1878 Act, of Tuck 
 v. Southern Counties Deposit Bank, 42 Ch. D. 471 ; 58 L. J. Ch. 
 699 ; Su-i/t v. Pannell, 24 Ch. D. 210 ; 48 L. T. 351 ; Casson v. 
 ChurcMey, 53 L. J. Q. B. 335 ; 50 L. T. 568 ; and the recent 
 case of Davidson v. Carlton Bank, [1893] 1 Q. B. 82 ; 41 W. E. 
 132 (C. A.). 
 
 The gist of the decision in Tuck v. Southern Counties Deposit All bills of 
 Bank, ante, seems to he (1) that all hills of sale whether absolute rtAstxadon. 
 or by way of secimty require registration, hut (2) that an un- 
 registered absolute assignment is not void except against certain 
 persons, therefore (3) that a properly registered and otherwise 
 valid bill of sale by way of mortgage is void, when given by 
 the grantor of a prior unregistered absolute bill, because the 
 grantor was not at the time of his giving the second bill the 
 true owner of the chattels within sects. 5 and 6 of the Bills of 
 Sale Act, 1882, and that in effect, therefore, the priority given 
 by registration is of no avail, except as between mortgagees. 
 It will not help a mortgagee as against an absolute unregistered 
 transferee of chattels. 
 
 A transfer or assignment of a registered bill of sale need not, Registration 
 however, be registered (sect. 10, sub-sect. 3, 1878 Act) ; and see ™ tra^ferof 
 iu connection with transfer, Home v. Hughes, 6 Q. B. D. 676 ; registered 
 50 L. J. Q. B. 403 ; and Ex parte Turquand, In re Barker, 14 bm ; 
 Q. B. D. 636 ; 54 L. J. Q. B. 242. An agreement to give a nor of agree- 
 bill of sale does not require registration where the bill of sale b m . ° 
 has been given in pursuance of such an agreement, and the bill 
 of sale is not void by reason of the non-registration of the 
 agreement. Ex parte BTauxwell, In re Hemingway, 23 Ch. D. 
 
 (.)) Tlio Bills of Sale Acts are set out ante, pp. 292 et seq.
 
 844 
 
 BILLS OF SALE. 
 
 nor when 
 possession 
 taken within 
 time allowed 
 for registra- 
 tion. 
 
 Effect of 
 registration 
 within pre- 
 scribed, time 
 when grantor 
 bankrupt. 
 
 Effect of 
 omission to 
 renew regis- 
 tration. 
 
 Renewal not 
 necessary on 
 transfer. 
 
 Rectification 
 of register. 
 
 Omission of 
 registrar to 
 transmit 
 
 abstract. 
 
 626 ; 52 L. J. Cli. 737. A bill of sale did not require registra- 
 tion when possession was taken by the assignee of tlie property 
 comprised in the bill of sale within the twenty-one days allowed 
 for registration by the Bills of Sale Act, 1854 (Ex parte Northern 
 Investment and Discount Co., In re Carlisle, 27 L. T. 520 ; Brig- 
 nail v. Cohen, 21 W. E. 25 ; and Banbury v. White, 2 H. & 0. 
 300 ; 32 L. J. Ex. 258 ; 8 L. T. 508) ; but now, under the 
 Bills of Sale Acts of 1878 and 1882, the period allowed for 
 registration is seven days, so that, it seems, when possession is 
 taken of the property within that time, the bill of sale is not 
 invalidated by reason of non-registration. 
 
 A bill of sale registered within the time prescribed by sect. 8 
 of the 1882 Act will sufficiently protect the goods comprised in 
 it, notwithstanding the grantor's bankruptcy in the interval 
 between execution and registration. In re Hewer, Ex parte 
 Kahen, 21 Ch. D. 871 ; 51 L. J. Ch. 904. 
 
 The effect of omitting to renew the registration of a bill of 
 sale within five years after its execution, as required by sect. 11 
 of the Bills of Sale Act, 1878, is, since the passing of the Bills 
 of Sale Act, 1882, to make such bill of sale wholly void, even 
 as between grantor and grantee. Fenton v. Blythe, 25 Q. B. D. 
 417 ; 59 L. J. Q. B. 589. But a renewal of registration is not 
 necessary by reason of a transfer or assignment of a bill of sale. 
 1878 Act, sect. 11. And see on this subject, Karet v. Kosher 
 Meat Supply Association, Limited, 2 Q. B. D. 361 ; 46 L. J. Q. B. 
 548 ; Ex parte Webster, In re Morris, 22 Ch. D. 136 ; 52 L. J. 
 Ch. 375 ; see also Askew v. Lewis, 10 Q. B. J). 477, in connection 
 with the renewal of bills of sale under the 1854 and 1866 Acts. 
 
 With regard to a judge's power under sect. 14 of the 1878 
 Act to rectify an omission to register a bill of sale, or an omis- 
 sion or misstatement of any person's name, residence, or occupa- 
 tion, see In re Bobbin's Settlement, 56 L. J. Q,. B. 295, and in 
 particular Crew v. Cummings, 21 Q. B. D. 420; 57 L. J. Q,. B. 
 641, and In re Parsons, Ex jxtrte Furbcr, [1893] 2 Q. B. 122 ; 
 62 L. J. U. B. 365; 68 L. T. 777. A mere clerical error or 
 omission, which can mislead no one, will not prevent the copy 
 bill of sale, required to be filed pursuant to sect. 10, sub-sect. 2, 
 of the 1878 Act, from being a true copy within the meaning of 
 that section, or vitiate the bill of sale. In re Hewer, Ex parte 
 Kahen, 21 Ch. D. 871 ; 51 L. J. Ch. 904. The omission of the 
 registrar of bills of sale to transmit (under the provisions of the 
 1878 and 1882 Acts) an abstract of a registered bill of sale to the
 
 grantor's continued possession. 345 
 
 registrar of the County Court within the district in which the 
 chattels enumerated in the bill are situated, does not avoid the 
 bill. Trinder v. Raynor, 56 L. J. Q. B. 422. 
 
 Grantor's continued Possession. 
 
 See the Bills of Sale Act, 1854, ss. 1, 7, and the Bills of Sale 
 Act, 1878, ss. 4, 8 (>/). 
 
 In the case of an unregistered bill of sale, unless something Grantor's 
 has been done to change, in the outer world's view, that appear- po^o^on 
 ance of ownership with which the assignor is invested, such under 1854 
 chattels remain in his " apparent possession " within the mean- 
 ing of the 1854 Bills of Sale Act, and this notwithstanding that 
 more than merely formal possession has been taken by, or given 
 to, another person. Ex parte Hooman, In re Vining, L. R. 10 
 Eq. 63 ; 39 L. J. Bank. 4. Moreover, an advertisement of an 
 intended sale of goods comprised in an unregistered bill of sale, 
 even if posted on the grantor's premises where the goods are, 
 must, in order to take the goods out of his possession or apparent 
 possession, state that the sale is to be made under a bill of sale. 
 Ex parte Leicis, In re Henderson, L. R. 6 Ch. 626; Emanuel v. 
 Bridger, L. B. 9 Q. B. 286 ; 43 L. J. Q. B. 96. 
 
 The occupation, referred to in sect. 7 of the Bills of Sale Act, 
 1854, means a de facto occupation. Robinson v. Briggs, L. R. 6 
 Ex. 1 ; 40 L. J. Ex. 17. In that case the grantor of a bill of 
 sale, which was not registered, was tenant of rooms where the 
 goods comprised in it were placed, but he resided elsewhere. 
 Having made default in paying the sum secured he gave the 
 keys of the rooms to the grantee, who opened the rooms and 
 put his name on some of the goods. None, however, were re- 
 moved, and an execution at the suit of a judgment creditor 
 against the debtor was afterwards levied on them. It was held, 
 that the grantor did not " occupy " the rooms within the mean- 
 ing of the 1854 Act, sect. 7, and that the goods were not to be 
 
 (//) The Bills of Sale Acts are set out ante, pp. 292 et seq. It will bo 
 observed that bills of sale to which the Bills of Sal>' Art, lssi', applies 
 arr void unless duly registered, as to which bills of sale the doctrine of 
 apparent possession is accordingly inapplicable.
 
 346 BILLS OF SALE. 
 
 deemed in his " apparent possession," and that the bill was 
 therefore valid as against the execution creditor. 
 
 Goods, formally seized by the sheriff under an execution, 
 remain in the apparent possession of the debtor within the 
 meaning of the 1854 Bills of Sale Act. Ex parte Mutton, In re 
 Cole, 41 L. J. Bank. 57. But this decision was not followed in 
 the subsequent case of Ex parte Safer y, In re Brenner, 16 Ch. 
 D. 668, where it was held that, if the goods comprised in an 
 unregistered bill of sale are, at the time of the filing of a bank- 
 ruptcy petition against the grantor, in the actual visible possession 
 of the sheriff under an execution, issued either by the grantee 
 or by a third person, they are not, even though the grantee has 
 himself taken no possession, in the " apparent possession " of 
 the grantor, and that the Bills of Sale Act does not apply. 
 " The distinction between formal and real possession is this, that 
 if a bailiff is simply put in and remains in possession so as to 
 prevent the removal of the goods, but allowing everything to go 
 on just as it did before and permitting everything to be used by 
 the debtor and his family, then the goods still remain in the 
 apparent possession of the debtor. There must be something 
 done which, in the eyes of everybody who sees the goods or who 
 is concerned in the matter, plainly takes the goods out of the 
 apparent possession of the debtor." Per Mellish, L. J., in Ex 
 parte Jay, In re Blcnkhorn, L. E. 9 Oh. 697 ; 43 L. J. Bank. 
 122. But the grantee need not have exclusive possession to take 
 the chattels out of the apparent possession of the grantor. Bur- 
 roughs v. Williams, L. J. Notes of Cases (1878), 127. 
 
 In Pickard v. Marriage, 1 Ex. D. 364 ; 45 L. J. Ex. 594, 
 a bill of sale was given to the grantee by way of security over 
 certain furniture and goods of the grantor, of which one article 
 was delivered to the grantee by way of possession of the whole. 
 The whole of the chattels were left on the premises into which 
 the grantee put the grantor to manage a milk business for him 
 at a weekly salary with the use of the house and mortgaged 
 chattels. The chattels were afterwards seized by an execution 
 creditor, and it was held that the goods were in the grantor's 
 apparent possession. Per Bramwell, B. : " The bill of sale not 
 being properly registered, the plaintiff contended that the debtor 
 was not in possession of the goods at the time of the execution. 
 The debtor was, however, bond fide in possession, the goods com- 
 prised in the bill of sale being household furniture in rooms
 
 grantor's continued possession. 347 
 
 ■which he occupied as servant to the plaintiff by using the rooms 
 and having the benefit of the furniture, no doubt as part of his 
 wages, but he was de facto in possession of the goods. It was 
 said that that was not the possession meant by the Act. "We 
 are of opinion that it was. It is within the very words and 
 mischief of the Act. Suppose, instead of receiving 1/. per week 
 wages and having also the use of the furniture, the terms had 
 been merely that he should receive 1/. 5s. per week, it is perfectly 
 manifest that he would be within the Act, otherwise the conse- 
 quence would be that the grantor of the bill of sale would con- 
 tinue in possession of the goods, paying rent to the grantee, and 
 then the bill of sale need not be registered. This would be just 
 the mischief which the Act was designed to prevent." The 
 reader is advised to read this important case and the authorities 
 cited therein. See also as to apparent possession within the 
 1854 Act, Gough v. JEverard, 2 H. & C. 1 ; 32 L. J. Ex. 210. 
 
 " Apparent possession " in sect. 8 of the 1878 Act means Apparent 
 " apparently in the possession of," as distinguished from un der S i878 
 "actually in the possession of," and goods may at the same Act - 
 time be in the true and actual possession of one person and in 
 the apparent possession of another. Robinson v. Tucker, 1 C. & 
 E. 173 ; and see as to apparent possession, Edwards v. Edwards, 
 2 Ch. D. 291 ; 45 L. J. Ch. 391 ; Furber v. FinUyson, 34 L. T. 
 323 ; Ex parte Fletcher, In re Henley, 5 Ch. D. 809 ; 46 L. J. 
 Bank. 93 ; and Gibbons v. Hickson, 55 L. J. Q. B. 119 ; 53 L. 
 T. 910. 
 
 Grantee's Seizure or taking Possession. 
 
 As to grantee's seizure or taking possession, see Briejhty v. 
 Norton, 32 L. J. Q. B. 38 ; 3 B. & S. 305 ; Toms v. Wilson, 32 
 L. J. U. B. 382 ; 4 B. & S. 455 ; and Ex parte Fletcher, In re 
 Henley, 5 Ch. D. 809 ; '46 L. J. Bank. 93.
 
 343 BILLS OF SALE. 
 
 Consolidation. 
 
 A bill of sale holder is not entitled to consolidate Lis bill of 
 sale with a mortgage of land of the grantor as against an exe- 
 cution creditor. Chesworth v. Hunt, 5 C. P. D. 266 ; 49 L. J. 
 C. P. 507. 
 
 Transfer or Assignment of Bill of Sale. 
 
 As already intimated, a transfer or assignment of a registered 
 bill of sale need not be registered ; nor is renewal of registration 
 necessary by reason of a transfer or assignment of a bill of sale.
 
 349 
 
 Chapter XXV. 
 
 BANKRUPTCY, ARRANGEMENTS WITH CREDITORS, AND VOLUN- 
 TARY OR FRAUDULENT DISPOSITIONS OF PROPERTY. 
 
 PAGE 
 
 I. Bankruptcy 349 
 
 Available Acts of Bankruptcy - 349 
 
 Receiving Order ------- 351 
 
 Stay of Proceedings ------ 353 
 
 Discharge of Bankrupt 354 
 
 Relation back of Trustee's Title and Commencement of 
 Bankruptcy ------- 356 
 
 Extent of Bankriqrfs Property divisible amongst 
 
 Creditors 35G 
 
 Effect of Bankruptcy on Antecedent Transactions - 358 
 Small Bankruptcies ------ 366 
 
 Supplemental Provisions ----- 366 
 
 II. Arrangements with Creditors ----- 366 
 
 Statutory Arrangements - 366 
 
 Private Arrangements ------ 367 
 
 III. Voluntary or Fraudulent Dispositions of Property - 369 
 
 I. Bankruptcy. 
 Available Acts of Bankruptcy 
 Under the Bankruptcy Act, 1883 (46 & 47 Yict. c. 52), s. 4, Available 
 
 acts of 
 ruptcy 
 
 sub-s. 1, "a debtor commits an act of bankruptcy in each of the a ' 
 
 following cases : — 
 
 " (a) If in England or elsewhere he makes a conveyance or 
 assignment of his property to a trustee or trustees for 
 the benefit of his creditors generally." There must be 
 a conveyance or assignment in the proper sense of the 
 term. In re Spackman, Ex parte Foley, 24 Q. B. D. 
 728 ; 59 L. J. Q. B. 306 ; 62 L. T. 849 ; 7 M. B. E. 
 100, which is discussed and explained in In re Uughcs,
 
 350 BANKRUPTCY. 
 
 Ex parte Hughes, [1893] 1 Q, B. 595 ; 62 L. J. Q. B. 
 858 ; 68 L. T. 629. 
 
 " (b) If in England or elsewhere he makes a fraudulent con- 
 veyance, gift, delivery, or transfer of his property, or 
 of any part thereof." The fraudulent intention is 
 essential. In re Spackman, Ex parte Foley, ante. 
 
 " (c) If in England or elsewhere he makes any conveyance 
 or transfer of his property or any part thereof, or 
 creates any charge thereon which would under this or 
 any other Act he void as a fraudulent preference if he 
 were adjudged bankrupt. 
 
 " (d) If with intent to defeat or delay his creditors he does 
 any of the following things, namely, departs out of 
 England, or being out of England remains out of 
 England, or departs from his dwelling-house, or 
 otherwise absents himself, or begins to keep house. 
 
 [Clause (e) is repealed by the Bankruptcy Act, 1890 (53 & 54 
 Yict. 71), and sect. 1 of that Act, infra, is substi- 
 tuted.] 
 
 " (f) If he files in the Court a declaration of his inability to 
 pay his debts, or presents a bankruptcy petition against 
 himself. 
 
 " (g) If a creditor has obtained a final judgment against him 
 for any amount, and execution thereon not having 
 been stayed, has served on him in England or, by 
 leave of the Court, elsewhere, a bankruptcy notice 
 under this Act, requiring him to pay the judgment 
 debt in accordance with the terms of the judgment, or 
 to secure or compound for it to the satisfaction of the 
 creditor or the Court, and he does not, within seven 
 days after service of the notice, in case the service is 
 effected in England, and in case the service is effected 
 elsewhere, then within the time limited in that behalf 
 by the order giving leave to effect the service, either 
 comply with the requirements of the notice, or satisfy 
 the Court that he has a counter-claim, set-off, or cross- 
 demand which equals or exceeds the amount of the 
 judgment debt, and which he could not set up in the 
 action in which the judgment was obtained." The 
 judgment must be one on which execution could go 
 immediately and without leave. Ex parte Lie, 17 Q. 
 B. D. 755 ; 55 L. J. Q. B. 484. The term " final
 
 AVAILABLE ACTS OF BANKRUPTCY. 351 
 
 judgment " has been discussed in Ex parte Alexander, 
 [1892] 1 Q. B. 21G ; 61 L. J. Q. B. 377 ; Ex parte 
 Moore, in re Faithful, 11 Q. B. D. 627; 54 L. J. Q. B. 
 190; 52 L. T. 376 ; Ex parte Henderson, 20 Q. B. D. 
 509 ; 57 L. J. Q. B. 258 ; 58 L. T. 835. See also 
 Salaman v. Warner, [1891] 1 Q. B. 734 ; 60 L. J. 
 Q. B. 624. " Creditor " in the above section means 
 any person who is entitled for the time being to enforce 
 a final judgment, as to which see sect. 1 of the Bank- 
 ruptcy Act, 1890. 
 " (h) If the debtor gives notice to any of his creditors that he 
 has suspended, or that he is about to suspend, payment 
 of his debts." On the construction of this clause, see 
 Crook v. Morley, [1891] A. C. 316 ; 24 Q. B. D. 320 ; 
 65 L. T. 389 ; 8 M. B. R. 227 ; and In re Daintraj, 
 Ex parte Holt, [1893] 2 Q. B. 116. 
 By sect. 1 of the Bankruptcy Act, 1890 (53 & 54 Yict. c. 71), 
 which is substituted for sub-sect. 1 (e) of sect. 4 of the Bank- 
 ruptcy Act, 1883, " a debtor commits an act of bankruptcy if 
 execution against him has been levied by seizure of his goods 
 under process in an action in any Court, or in any civil pro- 
 ceeding in the High Court, and the goods have been either sold 
 or held by the sheriff for twenty-one days. Provided that, where 
 an interpleader summons has been taken out in regard to the 
 goods seized, the time elapsing between the date at which such 
 summons is taken out and the date at which the sheriff is ordered 
 to withdraw, or any interpleader issue ordered thereon is finally 
 disposed of, shall not be taken into account in calculating such 
 period of twenty-one days." 
 
 Receiving Order. 
 
 By sect. 6, sub-sect. 1, of the Bankruptcy Act, 1883, "A Conditions 
 creditor shall not be entitled to present a bankruptcy petition c^tormay 
 against a debtor unless — petition. 
 
 " (a) The debt owing by the debtor to the petitioning creditor, 
 or, if two or more creditors join in the petition, the 
 aggregate amount of debts owing to the several 
 petitioning creditors, amounts to fifty pounds, and
 
 352 BANKRUPTCY. 
 
 " (b) The debt is a liquidated sum, payable either immediately 
 
 or at some certain future time, and 
 " (c) The act of bankruptcy on which the petition is grounded 
 has occurred within three months before the presenta- 
 tion of the petition, and 
 " (d) The debtor is domiciled in England, or, within a year 
 before the date of the presentation of the petition, has 
 ordinarily resided or had a dwelling-house or place of 
 business in England." 
 "Where pro- By sect. 7, sub-sect. 6, " Where proceedings are stayed, the 
 
 shved g Court Court may, if by reason of the delay caused by the stay of pro- 
 may make ceedings or for any other cause it thinks just, make a receiving 
 another order on the petition of some other creditor, and shall thereupon 
 
 petition. dismiss, on such terms as it thinks just, the petition in which 
 
 proceedings have been stayed as aforesaid." By sub-sect. 7, 
 "A creditor's petition shall not, after presentment, be withdrawn 
 without the leave of the Court." 
 Debtor's peti- By sect. 8, sub-sect. 1, "A debtor's petition shall allege that 
 tion and order ^ e debtor is unable to pay his debts, and the presentation 
 thereof shall be deemed an act of bankruptcy without the 
 previous filing by the debtor of any declaration of inability to 
 pay his debts, and the Court shall thereupon make a receiving 
 order." By sub-sect. 2 " A debtor's petition shall not, after 
 presentment, be withdrawn without the leave of the Court." 
 Effect of re- After proof of the petitioning creditor's debt, the act of bank- 
 ceivmg order. rU p£ C y an( j se rvice of the petition, a receiving order is made. 
 As to the effect of a receiving order for the protection of the 
 estate, by sect. 9, sub-sect. 1, it is enacted that "On the making 
 of a receiving order an official receiver shall be thereby con- 
 stituted receiver of the property of the debtor, and thereafter, 
 except as directed by this Act, no creditor to whom the debtor 
 is indebted in respect of any debt provable in bankruptcy shall 
 have any remedy against the property or person of the debtor 
 in respect of the debt, or shall commence any action or other 
 legal proceedings unless with the leave of the Court and on such 
 terms as the Court may impose." By sub-sect. 2 "This section 
 shall not affect the power of any secured creditor to realize or 
 otherwise deal with his security in the same manner as he would 
 have been entitled to realize or deal with it if this section had 
 not been passed." 
 Adjudication After the receiving order is made, the creditors may resolve 
 of bank- .j-j^ £j ie debtor be adjudged a bankrupt, and if they so resolve,
 
 RECEIVING ORDER. 353 
 
 and also in certain other circumstances, the Court " shall " 
 adjudge the debtor a bankrupt, and immediately the adjudica- 
 tion is made, the debtor's property vests in the trustee, or, if no Vesting of 
 trustee is appointed, in the official receiver acting as trustee. P ro P ert y- 
 Bankruptcy Act, 1883, ss. 20 and 54 ; Turquand v. Bonn! of 
 Trade, 11 App. Cas. 286; 55 L. J. Q. B. 417; 55 L. T. 30; 
 Ex parte Pinfold, [1892] 1 Q. B. 73 ; 61 L. J. Q. B. 161 ; 65 
 L. T. 683 ; 8 M. B. R. 312 ; 40 W. R. 223. As to property 
 acquired by the bankrupt after the bankruptcy and before his 
 discharge, all transactions with reference to such property entered 
 into by the bankrupt with persons dealing bond fide and for 
 value, whether with or without knowledge of the bankruptcy, 
 are, until the trustee intervenes, valid as against the trustee ; 
 (Cohen v. Mitchell, 25 Q. B. D. 262 ; 59 L. J. Q. B. 409 ; 63 
 L. T. 206 ; 7M. B. R. 207) ; but semble, this proposition does 
 not extend to real estate. In re New Land Development Associa- 
 tion and Gra//, [1892] 2 Ch. 138 ; 61 L. J. Oh. 323 ; 40 W. R. 
 295 ; 66 L. T. 404. 
 
 Stay of Proceedings. 
 
 By the Bankruptcy Act, 1883, s. 10, sub-s. 2, "The Court Court may 
 
 may at any time after the presentation of a bankruptcy petition l^J s on°™ 00 f 
 
 stay any action, execution, or other legal process against the ot presen- 
 
 property or person of the debtor, and any Court in which pro- petition. 
 
 ceedings are pending against a debtor may, on proof that a 
 
 bankruptcy petition has been presented by or against the debtor, 
 
 either stay the proceedings or allow them to continue on such 
 
 terms as it may think just." And in the case of small bank- In case of 
 
 ruptcies, by sect. 122, sub-sect. 5, " When the [administration] nip t c ies, 
 
 order is made, no creditor shall have any remedy against the county court, 
 
 J J ° t &o. may Btay 
 
 person or property of the debtor in respect of any debt which proceedings. 
 
 the debtor has notified to a county court, except with the leave 
 of that county court, and on such terms as that Court may 
 impose ; and any county court or inferior court in which pro- 
 ceedings are pending against the debtor in respect of any such 
 debt shall, on receiving notice of the order, stay the proceedings, 
 but may allow costs already incurred by the creditor, and such 
 costs may, on application, be added to the debt notified." As to 
 motions and practice, see the Bankruptcy Rules, 1886, it. '27 — 37, 
 m. \ \
 
 354 
 
 BANKRUPTCY. 
 
 Power of 
 Court does 
 not apply to 
 proceedings 
 after dis- 
 charge. 
 
 Liability of 
 sheriff's 
 officer for 
 proceeding 
 after notice. 
 
 and as to service of the order staying proceedings and service of 
 notices, see the Bankruptcy Act, 1883, ss. 11 and 142. 
 
 According to "Williams on Bankruptcy, it seems that the 
 power of the Court under sect. 10 to restrain actions does not 
 apply to proceedings commenced after the discharge of the 
 bankrupt, for, since the bankrupt in any such case can plead his 
 discharge, he requires no protection. Under the Act of 1869 it 
 was held that the Court would not restrain proceedings in an 
 action to which the discharge of the debtor in bankruptcy would 
 be no defence (Ex parte Coker, In re Blake, L. R. 10 Ch. 652 ; 
 44 L. J. Bank. 126; 24 W. E. 145), although in Cobham v. 
 Dalton, L. R. 10 Ch. 655 ; 44 L. J. Ch. 702 ; 23 W. R. 865, it 
 was held that, although the debt in question was one from which 
 the order of discharge would not release the bankrupt, still, as 
 it was a debt provable under the bankruptcy, he was, pending 
 the bankruptcy proceedings, protected from attachment for dis- 
 obedience to an order to pay money into Court. But see on 
 this subject, Mitchell v. Simpson, 23 Q. B. D. 373 ; 25 Q. B. D. 
 183 ; 59 L. J. Q. B. 355 ; 63 L. T. 405 ; In re Riley, Ex parte 
 The Official Receiver, 15 Q. B. D. 329 ; In re Wray, 36 Ch. D. 
 138 ; 56 L. J. Ch. 1106 ; 57 L. T. 605. 
 
 In In re Bryant, 4 Ch. D. 98, a sheriff's officer and an 
 auctioneer proceeded with the sale of the property of a trader 
 seized under a fi. fa, after they had received notice by a letter 
 from the debtor's solicitor that he had filed a liquidation 
 petition, and had also received notice by telegram that the 
 Court of Bankruptcy had made an order restraining further 
 proceedings under the writ. It was held, that the sheriff's 
 officer and the auctioneer had been guilty of contempt of Court, 
 and that they must pay the costs of a motion to commit them. 
 See as to restraining the sale by the sheriff of the bankrupt's 
 property, Ex parte Tidey, 21 L. T. 685. 
 
 Discharge of Bankrupt. 
 
 Discharge of As to discharge of bankrupt, see the Bankruptcy Act, 1890, 
 bankrupt. geci gj syxh . sect 1 (a), and the Rules of 26th November, 1890, 
 W. N. (1890) 513. 
 
 (a) Sect. 28 of the Bankruptcy Act, 1883, is repealed by the Bankruptcy 
 Act, 1890, and sect. 8 of that Act substituted.
 
 DISCHARGE OF BANKRUPT. '> : > : > 
 
 As to the effect of an order of discharge, by the Bankruptcy Effect of order 
 Act, 1883, sect, 30, suh-sect. 1, "An order of discharge shall not of dischar o e - 
 release the bankrupt from any debt on a recognizance nor from 
 any debt with which the bankrupt may be chargeable at the 
 suit of the Crown, or of any person for any offence against a 
 statute relating to any branch of the public revenue, or at the 
 suit of the sheriff or other public officer on a bail bond entered 
 into for the appearance of any person prosecuted for any such 
 offence ; and he shall not be discharged from such excepted 
 debts unless the Treasury certify in writing their consent to his 
 being discharged therefrom. An order of discharge shall not 
 release the bankrupt from any debt or liability incurred by 
 means of any fraud or fraudulent breach of trust to which lie 
 was a party, nor from any debt or liability whereof he has 
 obtained forbearance by any fraud to which he was a party." 
 By sub-sect. 2, " An order of discharge shall release the 
 bankrupt from all other debts provable in bankruptcy." 
 By sub-sect. 3, " An order of discharge shall be conclusive 
 evidence of the bankruptcy, and of the validity of the proceed- 
 ings therein, and in any proceedings that may be instituted 
 against a bankrupt who has obtained an order of discharge in 
 respect of any debt from which he is released by the order, the 
 bankrupt may plead that the cause of action occurred before 
 his discharge, and may give this Act and the special matter in 
 evidence." By sub-sect. 4, " An order of discharge shall not 
 release any person who at the date of the receiving order was a 
 partner or co-trustee with the bankrupt or was jointly bound or 
 had made any joint contract with him, or any person who was 
 surety or in the nature of a surety for him." And by the 
 Bankruptcy Act, 1890, sect. 10, " An order of discharge shall 
 not release the bankrupt from any liability under a judgment 
 against him in an action for seduction, or under an affiliation 
 order, or under a judgment against him as a co-respondent in a 
 matrimonial cause, except to such an extent and under such 
 conditions as the Court expressly orders in respect of such 
 liability." 
 
 Subject to any special conditions attached to his discharge Bankrupt's 
 (as to which see the Bankruptcy Act, 1890, sect. 8), the bankrupt "^'l^ v , K ._ 
 is entitled to any property ho may acquire after his discharge, quired after 
 The discharge is frequently suspended until a dividend of ten 
 shillings in the pound has been paid. See In re Hawkins, [1892] 
 1 Q. B. 890 ; Gl L. J. Q. B. 458. 
 
 a a 2 
 
 discharge.
 
 356 BANKRUPTCY. 
 
 Relation back of Trustee's Title and Commencement of 
 Bankruptcy. 
 
 Relation back By the Bankruptcy Act, 1883, s. 43, " The bankruptcy of a 
 title and 6 com- debtor, whether the same takes place on the debtor's own peti- 
 mencement of tion or upon that of a creditor or creditors, shall be deemed to 
 have relation back to, and to commence at, the time of the act 
 of bankruptcy being committed on which a receiving order is 
 made against him, or, if the bankrupt is proved to have com- 
 mitted more acts of bankruptcy than one, to have relation back 
 to, and to commence at, the time of the first of the acts of bank- 
 ruptcy proved to have been committed by the bankrupt within 
 three months next preceding the date of the presentation of the 
 bankruptcy petition ; but no bankruptcy petition, receiving 
 order, or adjudication shall be rendered invalid by reason of 
 any act of bankruptcy anterior to the debt of the petitioning 
 creditor." And see the Bankruptcy Act, 1890, s. 20, as to 
 relation back in the case of a receiving order against a judg- 
 ment debtor in pursuance of sect. 103 of the principal (1883) 
 Act. See also/;? re McHenry, Ex parte McDermott, 21 Q. B. D. 
 580; (C. A.) 36 W. E. 725; Sharp v. McHenry, Sharp v. 
 Brown, 57 L. J. Ch. 961 ; 55 L. T. 747 ; and Barrow v. Mlers, 
 Seel cy Co., 1 C. & E. 432. 
 
 Extent of the Bankrupt's Property divisible amongst Creditors. 
 
 Extent of By the Bankruptcy Act, 1883, s. 44, " The property of the 
 
 property* divi- bankrupt divisible amongst his creditors, and in this Act referred 
 sible amongst to as the property of the bankrupt, shall not comprise the 
 
 creditors. « ni . , . , 
 
 following particulars : — 
 
 " (1.) Property held by the bankrupt on trust for any other 
 person ; 
 
 " (2.) The tools (if any) of his trade and the necessary wearing 
 apparel and bedding of himself, his wife and children, 
 to a value, inclusive of tools and apparel and bedding, 
 not exceeding twenty pounds in the whole. 
 " But it shall comprise the following particulars : — 
 
 " (1.) All such property as may belong to or be vested in the 
 bankrupt at the commencement of the bankruptcy, or 
 may be acquired by or devolve on him before his dis- 
 charge ; and
 
 bankrupt's property divisible amongst creditors. 351 
 
 " (2.) The capacity to exercise, and to take proceedings for 
 exercising, all such powers in or over or in respect of 
 property as might have been exercised by the bank- 
 rupt for his own benefit at the commencement of his 
 bankruptcy or before his discharge, except the right of 
 nomination to a vacant ecclesiastical benefice ; and 
 " (3.) All goods being, at the commencement of the bank- 
 ruptcy, in the possession, order, or disposition of the 
 bankrupt, in his trade or business, by the consent and 
 permission of the true owner, under such circumstances 
 that he is the reputed owner thereof ; provided that 
 things in action, other than debts due or growing due 
 to the bankrupt in the course of his trade or business, 
 shall not be deemed goods within the meaning of this 
 section." 
 The reputed ownership of a bankrupt in goods is interrupted Effect of 
 if the sheriff has lawfully taken possession of them. Thus, in sheriff o/ 
 the case of Fletcher v. Manning, 12 M. & W. 571 ; 1 C. & K. re P uted . 
 350 ; 13 L. J. Ex. 150, where the goods, for the proceeds of 
 which the action was brought, had been mortgaged by the 
 bankrupt, and at the time of the act of bankruptcy were in the 
 hands of the sheriff, having been previously seized by him under 
 an execution, it was held that the goods, not being in the bank- 
 rupt's order and disposition at the time of the act of bankruptcy, 
 did not pass to his assignees. Also, in Ex parte Fox*, In re 
 Baldwin, 2 Be G. & J. 230; 27 L. J. Bank. 17 ; 4 Jur. N. S. 
 522, it was decided that property, which was seized by the sheriff 
 before the bankruptcy, and in his possession down to the bank- 
 ruptcy, was not in the order, disposition, and reputed ownership 
 of the bankrupt. But goods are still in the reputed ownership 
 of the bankrupt if the sheriff has wrongfully taken possession of 
 them, or if the possession of the sheriff is merely formal. In 
 Barrow v. B<U, 5 El. & Bl. 540 ; 25 L. J. Q. B. 2; 2 Jur. N. S. 
 159, it was held that goods, left in possession of a trader, at the 
 time he became bankrupt, with the owner's consent, pass to the 
 assignees, although before bankruptcy the sheriff, under a fieri 
 facias against the bankrupt's goods, entered on the premises 
 and stated that he took possession of the goods, but in fact 
 left the bankrupt apparently in possession of them ; for the 
 sheriff was not justified in seizing the goods, and therefore his 
 assertion that he took possession had no effect in law. In the 
 undermentioned case the sheriff, on behalf of an execution
 
 358 BANKRUPTCY. 
 
 creditor, seized goods on which there was a registered bill of 
 sale. Two days after the seizure by the sheriff, the debtor filed 
 his petition, and the trustee in the liquidation took possession of 
 the goods before possession was either demanded or taken by 
 the holder of the bill of sale. It was held, that the wrongful 
 seizure by the sheriff did not prevent the goods from being in 
 the debtor's order and disposition, with the consent of the true 
 owner, when he filed the petition, and that they, therefore, 
 passed to the trustee. Bacon, C. J., in his judgment, said : " It 
 is clear that the sheriff took possession under the execution 
 before the petition was presented, and that he continued in 
 possession for some days after, but then, as he took possession 
 on behalf of an execution creditor when there was a registered 
 bill of sale, such possession was wrongful, and could not be held 
 to disturb that of the debtor." Ex parte Edey, In re Cuthbert- 
 son, L. E. 19 Eq. 264 ; 44 L. J. Bank. 55 ; 31 L. T. 851. 
 
 Effect of Bankruptcy on Antecedent Transactions. 
 
 Restriction By the Bankruptcy Act, 1883, sect. 45, sub-sect. 1, "Where 
 
 credit!^ 8 ° f i a cre( litor has issued execution against the goods or lands of a 
 execution or debtor, or has attached any debt due to him, he shall not be 
 entitled to retain the benefit of the execution or attachment 
 against the trustee in bankruptcy of the debtor, unless he has 
 completed the execution or attachment before the date of the 
 receiving order, and before notice of the presentation of any 
 bankruptcy petition by or against the debtor, or of the commis- 
 sion of any available act of bankruptcy by the debtor." 
 When exe- By sub-sect. 2, " For the purposes of this Act, an execution 
 
 attachment against goods is completed by seizure and sale ; an attachment 
 regarded as of a debt is completed by receipt of the debt ; and an execution 
 against land is completed by seizure, or, in the case of an equit- 
 able interest, by the appointment of a receiver." Where a 
 sheriff has seized goods on behalf of an execution creditor, but 
 is ordered before sale to withdraw in favour of a receiver in an 
 action in the Chancery Division, the execution has not been 
 " completed " within sect. 45, and the goods seized pass to the 
 trustee in bankruptcy of the debtor. Mackay v. Merritt, 34 
 W. R. 433 ; and see Ex parte Moore, In re Dickenson, 37 W. R. 
 96 and 130; In re Dickenson, Ex parte Charrington, 22 Q. B. D. 
 
 complete.
 
 EFFECT OF BANKRUPTCY ON ANTECEDENT TRANSACTIONS. 359 
 
 10:} ; 58 L. J. Q. B. 1 ; and also Ex parte Brown, In re Hastings, 
 61 L. J. Q. B. 654 ; 67 L. T. 234 ; 9 M. B. R. 234. But an 
 order made against a debtor after land has actually been 
 delivered by the sheriff, but before the return of the writ of 
 elegit, does not oust the right of a judgment creditor, the 
 " seizure " being " complete " within sect. 45, sub-sect. 2. In re 
 Hobson, 33 Ch. D. 493 ; 55 L. J. Oh. 754 ; 55 L. T. 255 ; 34 
 W. R. 786. 
 
 As to sufficiency of notice of an act of bankruptcy, see Lucas Notice of 
 v. Dicker, 6 Q. B. D. 84 ; 50 L. J. Q. B. 190 ; and In re ™ Pt ° c f y bank * 
 McGowan, Ex parte Ashton, 64 L. T. 28 ; 39 W. R. 320. A 
 sheriff, who after seizure receives notice in general terms that 
 the execution debtor has committed an act of bankruptcy, may 
 take reasonable time to inquire whether the statement is true 
 before proceeding to sell, unless he is aware of circumstances 
 which cause him to think that the notice is a mere pretence. 
 Ayshford v. Murray, 23 L. T. 470. 
 
 It is the duty of a sheriff's officer, who receives notice by Duty of she- 
 telegram, purporting to be sent by solicitors in London, of an "n ^J^of 
 injunction being granted by the Court to restrain a sale in the notice of 
 country under an execution, to telegraph to the Court, or to the 
 London agents of the sheriff, to ascertain whether an injunction 
 has really been granted. This, however, is not the duty of the 
 auctioneer who is conducting the sale ; he is only bound to 
 communicate with the sheriff's officer who has instructed him 
 to sell. Ex parte Langley, In re Bishop, 13 Ch. D. 110; 49 
 L. J. Bank. 1 ; 41 L. T. 388 ; 38 W. R. 174. Where a sheriff's Liability for 
 officer and an auctioneer proceeded with the sale of the property after notice. 
 of a trader seized under a fi. fa. after they had received notice 
 by letter from the debtor's solicitor that he had filed a liquidation 
 petition, and had also received notice by telegram that the Court 
 of Bankruptcy had made an order restraining further proceed- 
 ings under the writ, it was held that the sheriff's officer and 
 the auctioneer had been guilty of contempt of Court. In re 
 Bryant, 4 Ch. D. 98 ; 35 L. T. 489 ; 25 W. R. 230. 
 
 By sect, 11, sub-sect. 1 of the Bankruptcy Act, 1890 (b), Duty. if 
 "Where any goods of a debtor are taken in execution and goods taken 
 before the sale thereof, or the completion of the execution by inexecution 
 the receipt or recovery of the full amount of the levy, notice is receiving 
 
 order. 
 
 (b) By this Act the corresponding provision (sect. 46, sub-sect. 1) of the 
 Bankruptcy Act, 1883, is repealed.
 
 360 BANKRUPTCY. 
 
 served on the sheriff that a receiving order has been made 
 against the debtor, the sheriff shall, on request, deliver the 
 goods and any money seized or received in part satisfaction of 
 the execution to the official receiver, but the costs of the execu- 
 tion shall be a first charge on the goods or money so delivered, 
 and the official receiver or trustee may sell the goods, or an 
 adequate part thereof, for the purpose of satisfying the charge." 
 It is the duty of the sheriff in possession of goods taken in 
 execution, when required under this section, to deliver them to 
 the official receiver, notwithstanding pending interpleader pro- 
 ceedings. In re Harrison, Ex parte Essex (Sheriff), [1893] 2 
 Q. B. Ill ; 62 L. J. Q. B. 266 ; 68 L. T. 590 ; W. N. (1893) 
 68. Under the provisions of this section it is still the duty of 
 the sheriff to proceed with the sale, unless the official receiver or 
 trustee requests that the goods be delivered up. WoolforcVs 
 Estate v. Lev//, [1892] 1 Q. B. 772; 61 L. J. Q. B. 546; 66 
 L. T. 812 ; 40 W. E. 483. Lord Esher, M. E., in that case 
 said, " I think that, if no request is made, his [the sheriff's] duty 
 to sell remains unaltered and unaffected by the receiving order. 
 He must proceed with the execution and sell the goods ; but, 
 when he has done so, the creditor is not to have the benefit, but 
 the proceeds must be handed to the receiver or trustee less the 
 expenses to which the sheriff is entitled." 
 Costs of The costs of execution are limited to the date of the official 
 
 receiver's notice, for any further costs of possession are no longer 
 costs of execution. In re Harrison, Ex parte Essex (Sheriff), 
 [1895] 2 Q. B. Ill ; 62 L. J. Q. B. 266; 68 L. T. 590; W. 
 N. (1893) 68. The "costs of execution" do not include the 
 sheriff's poundage. In re Ludford, Official Receiver v. War- 
 wickshire (Sheriff), 13 Q. B. D. 415; 53 L. J. Q. B. 418. See, 
 however, Smith v. Darlow, 26 Ch. D. 605 ; 53 L. J. Ch. 696. 
 See also under the title " Interpleader" (" When Sheriff entitled 
 to Costs " and " Appeal "),post, pp. 389, 395 ; as to costs of execu- 
 tion, Ex parte Craijcraft, In re Browning, 8 Ch. D. 596 ; 47 L. J. 
 Bank. 96 ; as to right to possession money where the receiving- 
 order is made before sale, and delay of sale, In re Essex (Sheriff'), 
 Ex parte Levy, 63 L. T. 29 1 ; 38 W. E. 784 ; 65 L. T. 466 ; 7 M. 
 B. E. 125 ; and under the title " Sheriffs' Fees, &c," post, 
 p. 505. Costs of the sheriff for harvesting corn taken in exe- 
 cution, but not sold before notice of tho receiving order, are not 
 "costs of: execution." In re Woodham, Ex parte Conder, 20 Q,. 
 B. I). 40; 57 L. J. Q. B. 46. 
 
 execution.
 
 EFFECT OF BANKRUPTCY ON ANTECEDENT TRANSACTIONS. ; j61 
 
 In the undermentioned case a judgment debtor, against whom 
 there was an execution in the sheriff's hands, had committed an 
 act of bankruptcy of which the sheriff had notice and on which 
 the judgment debtor was subsequently adjudicated bankrupt. 
 The sheriff, notwithstanding such notice, sold the debtor's goods 
 under the execution, deducted his poundage fees and expenses of 
 the sale, and paid the balance to the assignees. It was held that 
 the sheriff was not entitled to these deductions. In re Priestly, 
 23 L. 11. Ir. 536. 
 
 With due regard to the substitution of sect. 11, sub-sect. 1 Taxation of 
 of the Bankruptcy Act, 1890, for sect. 46, sub-sect. 1 of the 
 Bankruptcy Act, 1883, the following rule is apparently still 
 applicable, viz. : — " In any case in which, pursuant to sect. 46, 
 sub-sect. 1 of the Act [Bankruptcy Act, 1883], a sheriff is re- 
 quired to deliver goods to an official receiver or trustee, such 
 sheriff shall, without delay, bring in his bill of costs for taxation, 
 which shall be taxed by the taxing officer of the Court having 
 jurisdiction in the bankruptcy ; and unless such bill of costs is 
 brought in for taxation within one month from the date when 
 the sheriff makes such delivery, the official receiver or trustee 
 may decline to pay the same." Bankruptcy Rules, 1886, 
 Eule 118. 
 
 By the Bankruptcy Act, 1890, s. 11, sub-s. 2(e), "Where Duty of 
 
 -i !_• j n • n r. sheriff as to 
 
 under an execution m respect of a judgment lor a sum goods taken 
 exceeding twenty pounds, the goods of a debtor are sold or in execution 
 
 •-!• i - -i i ;i i •»» i ii -■ i i ■ when judg- 
 
 money is paid m order to avoid sale, the sheriff shall deduct his ment debt 
 costs of the execution from the proceeds of sale or the money exceeds ° 01 - 
 paid, and retain the balance for fourteen days, and if within 
 that time notice is served on him of a bankruptcy petition having 
 been presented against or by the debtor, and a receiving order 
 is made against the debtor thereon or on any other petition of 
 which the sheriff has notice, the sheriff shall pay the balance 
 to the official receiver or, as the case may be, to the trustee, who 
 shall be entitled to retain the same as against the execution 
 creditor." Where the sheriff sells under an execution for more 
 than 20/. and within fourteen days afterwards receives notice of 
 a bankruptcy petition, the sale is not therefore rendered abso- 
 lutely void, but the execution creditor is consequently deprived 
 of the fruits of the sale, and they are transferred to the trustee 
 
 (c) By this Ari the corr ispondiiig provi i 16, sub-sect. _' of the 
 
 Bankruptcy Act, L888, is repealed.
 
 362 BANKRUPTCY. 
 
 in the bankruptcy for the benefit of the general body of the 
 creditors. Where, therefore, a sheriff is in possession under 
 several writs, some for more and some for less than 20/., and 
 proceeds to sell, the writs are payable in order of priority so 
 long as there are funds to pay ; but if he receives notice of a 
 bankruptcy petition within fourteen days after the sale, only 
 those writs are entitled to be paid which are for less than 20/. 
 and which would have been paid had not bankruptcy super- 
 vened. In re Pearcc, Ex parte Crossthwaite, 14 Q. B. D. 966 ; 
 54 L. J. Q. B. 316 ; and see Heatheote v. LwUsey, 19 Q. B. D. 
 285 ; 56 L. J. Q. B. 645. 
 
 The following authorities in relation to the corresponding 
 section (87) of the Bankruptcy Act, 1869, indicate the meaning 
 of an execution in respect of a judgment for a sum exceeding 
 20/. ((/). In Ex parte Liverpool Loan Co., In re Bullen, L. R. 
 7 Ch. 732 ; 42 L. J. Bank. 14; 27 L. T. 669, judgment having 
 been entered up against a trader for 48/. 19s. 0d., and the 
 sheriff having levied and sold goods of the debtor to the amount 
 of 50/. lis. 0(7. (being the amount of the judgment with 
 1/. 12s. 0r7. for the costs of the execution), it was held (affirming 
 the decision of the chief judge) that the goods had " been taken 
 in execution in respect of a judgment for a sum exceeding 50/. 
 and sold" within the meaning of the Bankruptcy Act, 1869, 
 s. 87, and that the proceeds must therefore be paid to the 
 trustee in bankruptcy, and not to the execution creditor. This 
 decision was followed in Hours v. Young, Ho/res v. Stone, 1 Ex. 
 D. 146; 45 L. J. Ex. 499; 34 L. T. 739. And where, although 
 the seizure was under an execution for an amount less than 50/., 
 the amount for which the execution was ultimately levied 
 exceeded 50/., owing to expenses including possession money 
 incurred by the sheriff, the execution was held to be "an execu- 
 tion in respect of a judgment for a sum exceeding 50/.," and 
 the trustee was held entitled to the proceeds of sale. In re 
 Fenton, Ex parte Lythgow, 10 Ch. D. 169 ; 48 L. J. Bank. 64; 
 38 L. T. 886. But a creditor, who had sued a trader for a debt 
 exceeding 50/., was entitled to abandon part of his claim, and to 
 sign judgment for a sum less than 50/., so as to avoid the ope- 
 ration of the 87th section. Ex parte Rei/a, In re Salinger, 6 Ch. 
 D. 332 ; 46 L. J. Bank. 122 ; 37 L. T. 17. Moreover, a credi- 
 tor who had sued a trader for a debt, and who had signed 
 
 (d) 50/., the corresponding limit under the 1869 Act.
 
 EFFECT OF BANKRUPTCY ON ANTECEDENT TRANSACTIONS. 363 
 
 judgment for upwards of 50/., might, by issuing execution for 
 less than 50/., avoid the operation of that section. In re Sinks, 
 Ex parte Berthier, 7 Ch. D. 882; 47 L. J. Bank. 64; 26 W. E. 
 576. The fourteen days above referred to run from the date of 
 the sale, and not from that of the sheriff's receipt of the proceeds. 
 In re Cripps, Ross <$• Co., Ex parte Ross, 21 Q. B. D. 472 ; 58 
 L. J. Q. B. 19 ; and see Jones v. Parsell, 11 Q. B. D. 430 : 52 
 L. J. Q. B. 672 ; 49 L. T. 197, which, though a decision under 
 the 1869 Bankruptcy Act, is presumably still applicable. 
 
 By the case of Curtis v. Wainbrook Iron Co., 1 C. & E. 351, Notice to 
 it was decided that the notice to be served on a sheriff of a bankfupw 
 bankruptcy petition having been presented against or by the petition, &c. 
 debtor, under sect. 46, sub-sect. 2 of the Bankruptcy Act, 1883, 
 need not necessarily be in writing; but it is provided by Rule 13 
 of the Bankruptcy Rules, 1886, that " All notices required by 
 the Bankruptcy Act and Rules shall be in writing, unless the 
 Rules otherwise provide, or the Court shall in any case other- 
 wise order," and by Rule 92, that " Where notice of an order 
 or other proceeding in Court may be served by post, it shall be 
 sent by registered letter." The notice of a bankruptcy petition 
 must be served on the sheriff or his recognized agent (such as 
 the under-sheriff) for the purpose of receiving such notices ; it 
 is not sufficient to serve it upon an ordinary bailiff or man in 
 possession. Ex parte Warren, In re Holland, 15 Q. B. D. 48 ; 
 54 L. J. Q. B. 320 ; and see Bellyse v. McGinn, [1891] 2 Q. B. 
 227 ; 65 L. T. 318, where Ex parte Warren, In re Holland, is 
 followed. 
 
 A sheriff who has remained in possession for an unreasonable Sheriff's costs 
 period at the instance of the execution creditor, and without the of P OSSOS!ilon - 
 debtor's consent, was held not to be entitled under the corre- 
 sponding section (46) of the Bankruptcy Act, 1883, to charge 
 against the debtor the costs of retaining such possession beyond 
 what was a reasonable time. In re Finch, Ex parte Essex 
 (S/>erlf), 65 L. T. 466; 40 W. R. 175; 8 M. B. R. 284. 
 
 By the Bankruptcy Rules, 1886, r. 119(f), "If the official Taxation of 
 receiver or trustee shall, in writing, require any costs which a SSdiS' 8 
 sheriff has deducted under sect. 46, sub-sect. 2, of the Act tion - 
 [Bankruptcy Act, 1883] to be taxed, the sheriff shall, within 
 seven days from the date of the request, bring in such costs for 
 
 (e) This rule is, it is conceived, still applicable, subject only to the 
 alteration effected by the Bankruptcy Act, 1S90, s. 11.
 
 364 
 
 BANKRUPTCY. 
 
 Liability of 
 sheriff for 
 paying- after 
 notice of 
 bankruptcy 
 petition. 
 
 Title of 
 purchaser 
 of debtor's 
 goods. 
 
 Sale to be by 
 public auction 
 if execution 
 for more 
 than 201. 
 
 taxation, which shall be taxed by the taxing officer of the court 
 having jurisdiction in the bankruptcy ; and any amount dis- 
 allowed on such taxation shall forthwith be paid over by the 
 sheriff to the official receiver or trustee, as the case may require." 
 
 If, after he has received notice of a bankruptcy petition, the 
 sheriff pays the proceeds of a sale to the execution creditor, it 
 seems he will be liable to be sued by the trustee in an action for 
 money had and received (Notley v. Buck, 8 B. & C. 160) ; but 
 the sheriff will be entitled to bring an action against the execu- 
 tion creditor to recover the money so paid. In the under- 
 mentioned case, a creditor issued execution for a debt above 50/. 
 and, after sale by the sheriff, issued another execution against 
 the same debtor for another debt above 50/. The sheriff, having 
 had no notice within fourteen days from the sale of any bank- 
 ruptcy petition against the debtor, paid the money produced by 
 the second sale to the execution creditor, but afterwards the 
 debtor was adjudicated a bankrupt upon the act of bankruptcy 
 committed by the seizure and sale under the first execution. 
 It was held, that, though it was not proved that the creditor 
 had, when the sale took place under the second execution, any 
 actual knowledge that the sale had been made under the first, 
 he must be deemed to have had notice of the proceedings under 
 his own execution, and must therefore refund the money pro- 
 duced under the second execution. Ex parte Daurs, In re 
 Husband, L. E. 19 Eq. 438 ; 44 L. J. Bank. 62. The sheriff, 
 on the other hand, will be liable to an action for damages by 
 the execution creditor, if he has improperly paid over the money 
 to the trustee. Ex parte Harper, In re Bremner, L. R. 10 Ch. 
 379. 
 
 By the Bankruptcy Act, 1883, sect. 46, sub-sect. 3, "An 
 execution levied by seizure and sale on the goods of a debtor is 
 not invalid by reason only of its being an act of bankruptcy, 
 and a person who purchases the goods in good faith under a 
 sale by the sheriff shall in all cases acquire a good title to them 
 against the trustee in bankruptcy." 
 
 By the Bankruptcy Act, 1883, sect. 145, " The sale under an 
 execution for a sum exceeding twenty pounds (including legal 
 incidental expenses) must, unless the Court from which the 
 process issued otherwise orders, be made by public auction, and 
 not by bill of sale or private contract, and must be publicly 
 advertised by the sheriff on and during three days next pre- 
 ceding the day of sale." See on this subject, Hunt v. Fensham,
 
 EFFECT OF BANKRUPTCY ON ANTECEDENT TRANSACTIONS. 365 
 
 12 Q. B. D. 162, and under the title " Writ of Fieri Facias;' 
 ante, p. 84. 
 
 By the Bankruptcy Act, 1890, sect, 12, " Where any goods Application 
 of a debtor are taken in execution, and the sheriff has notice of p r i va te sale, 
 another execution or other executions, the Court shall not con- 
 sider an application for leave to sell privately until the notice 
 directed by rules of Court has been given to the other execution 
 creditor or creditors, who may appear before the Court and bo 
 heard upon the application." By the Eules of the Supreme 
 Court under sect, 12 of the Bankruptcy Act, 1890 (Sales uDder 
 Executions), Order XL1IL, "Every application under sect. 140" 
 of the Bankruptcy Act, 1883, and sect. 12 of the Bankruptcy Act, 
 1890, for an order that a sale under an execution may be made 
 otherwise than by public auction shall be made by summons at 
 chambers. Upon service of a copy of the summons on the 
 sheriff he shall forward to the applicant a list (hereinafter called 
 the sheriff's list) of the names and addresses of every person at 
 whose instance any other writ of execution against the goods of 
 the debtor has been lodged with him (rule 8). The summons 
 shall contain a short statement of the grounds of the application 
 (rule 9). Notice of the application shall be given by serving a 
 copy of the summons four clear days before the day on which 
 the summons is returnable : — (a) If the applicant is an execution 
 creditor, upon the sheriff and upon every person named in the 
 sheriff's list ; (b) if the applicant is the execution debtor, upon 
 the execution creditor at whose instance the execution has been 
 levied under which the sale is intended to be made, the sheriff, 
 and every other person named in the sheriff's list (rule 10). On 
 the hearing of the application the applicant shall produce to the 
 Court or judge the sheriff's list (rule 11). The sheriff and 
 every other person on whom the summons has been served may 
 attend the hearing of the application and be heard in opposition 
 to or in support of the application (rule 12). The Court or a 
 judge may, at the hearing of any summons under these rules, 
 direct that all or any part of the costs may be borne by any of 
 the persons attending, or otherwise as may be just (rule 13). 
 In these rules, 'sheriff' includes any officer charged with the 
 execution of any writ of execution (rule 14)."
 
 366 
 
 BANKRUPTCY. 
 
 Small Bankruptcies. 
 
 As to small bankruptcies, that is, where the assets are expected 
 to be under 300/., see the Bankruptcy Act, 1883, s. 121. 
 
 Certain pro- 
 visions to 
 bind Crown. 
 
 Administra- 
 tion in bank- 
 ruptcy of 
 person dying 
 insolvent. 
 
 Evidence and 
 computation 
 of time. 
 
 Definition 
 of word 
 "sheriff." 
 
 Supplemental Provisions. 
 
 By the Bankruptcy Act, 1883, s. 150, " Save as herein pro- 
 vided, the provisions of this Act relating to the remedies against 
 the property of a debtor, the priorities of debts, the effect of a com- 
 position or scheme of arrangement, and the effect of a discharge, 
 shall bind the Crown." 
 
 As to administration in bankruptcy of persons dying insol- 
 vent, see the Bankruptcy Act, 1883, s. 125 (subject to the 
 partial repeal thereof by the Bankruptcy Act, 1890), and also 
 the Bankruptcy Act, 1890, s. 21. 
 
 As to evidence, see the Bankruptcy Act, 1883, ss. 132 — 140, 
 and as to computation of time, see sect. 141, sub-sect. 1. 
 
 By sect. 168, the word " sheriff " in the Bankruptcy Act, 
 1883, includes any officer charged with the execution of a writ 
 or other process. But a man who seizes, keeps possession of, 
 and sells the goods of a judgment debtor by a direction of the 
 sheriff is not " an officer charged with the execution of a writ or 
 other process," and therefore is not a " sheriff " within the 
 meaning of sect. 168. Officers of the inferior courts charged 
 with analogous duties are included. Ex parte Warren, In re 
 Holland, 15 Q. B. D. 48; 54 L. J. Q. B. 320. 
 
 II. Arrangements with Creditors. 
 Statutory Arrangements. 
 
 As to composition or scheme of arrangement with creditors 
 under the Bankruptcy Acts, see the Bankruptcy Act, 1890, 
 s. 3 (/), the Bankruptcy Act, 1883, ss. 19 and 23 (as qualified 
 
 (/) Substituted for tlio corresponding section (IN) of the Bankruptcy 
 Act, 1883.
 
 PRIVATE ARRANGEMENTS. 367 
 
 by the Bankruptcy Act, 1890, ss. 6 and 29), the Debtors Act, 
 1869, s. 15, the Bankruptcy Eules, 1886, rr. 267, 269, and 336, 
 and the Bankruptcy Rules, 1890, rr. 18 — 38. See also In re 
 Burr, Ex parte Board of Trade, [1892] 2 Q. B. 467; 61 L. J. 
 Bank. 591 ; 66 L. T. 553 ;9M.B. R. 133. 
 
 Private Arrangements. 
 
 Under the present bankruptcy law, private deeds of arrange- Private deeds 
 ment may be made between a debtor and his creditors, but such °| e ^Q°f e " 
 deeds bind those creditors only who assent to them ; it is not Mud assent- 
 necessary that such assent should appear by the creditor actually ° 
 signing the deed, c. g., acting upon or accepting a benefit under 
 the deed would be sufficient evidence of assent. See this subject 
 discussed in Robson on Bankruptcy, 7th ed., p. 770. 
 
 A voluntary assignment to trustees for the benefit of creditors How far 
 is a revocable mandate by the debtor (In re Ashby, Ex parte ^°^ ble by 
 Wreford, [1892] 1 Q. B. 872 ; 66 L. T. 353 ; 40 W. R. 430 ; 9 
 M. B. R. 77) ; but, it seems, it is only revocable as against cre- 
 ditors who are neither parties nor privy to the deed. Aeton v. 
 Woodgate, 2 Myl. & K. 493. 
 
 If a debtor makes a conveyance or assignment of his property Assignment 
 to a trustee or trustees for the benefit of his creditors he there- foVbeuefit^of 
 upon commits an act of bankruptcy, and it will be observed that creditors an 
 the Bankruptcy Act, 1883, sect. 6, sub-sect. 1 (c) enacts that a ruptcy/ 
 creditor shall not be entitled to present a bankruptcy petition 
 against a debtor unless the act of bankruptcy on which the 
 petition is grounded has occurred within three months before 
 the presentation of the petition. But where a creditor has 
 assented to, acquiesced in, or submitted to a deed of assignment 
 for the benefit of creditors, he cannot afterwards rely on the 
 execution of the deed as an act of bankruptcy. Ex parte 
 Michael, 8 M. B. R. 305. An assignment is rendered void 
 upon adjudication, and the property of the debtor thereupon 
 vests in the trustee in bankruptcy. 
 
 By sect. 4, sub-sect. 1 of the Deeds of Arrangement Act, 1887 Deeds of ar- 
 (50 & 51 Vict. c. 57), "This Act shall apply to every deed of ^X^ol- 51 
 arrangement, as defined in this section, made after the com- Vict. c. 57. 
 mencement of this Act." By sub-sect. 2, " A deed of arrange- 
 ment to which this Act applies shall include any of the following
 
 303 
 
 ARRANGEMENTS WITH CREDITORS. 
 
 Unregistered 
 deeds of 
 assignment 
 to be void. 
 
 Creditors may- 
 sign deed 
 after regis- 
 tration. 
 
 Mode of regis- 
 tration, &c. 
 
 instruments, whether under seal or not, made by, for, or in 
 respect of the affairs of a debtor for the benefit of his creditors 
 generally (otherwise than in pursuance of the law for the time 
 being in force relating to bankruptcy), that is to say : — 
 
 (a) An assignment of property ; 
 
 (b) A deed of or agreement for a composition. 
 
 And in cases where creditors of a debtor obtain any control 
 over his property or business : — 
 
 (c) A deed of inspectorship entered into for the purpose of 
 
 carrying on or winding up a business ; 
 
 (d) A letter of licence authorising the debtor or any other 
 
 person to manage, carry on, realise, or dispose of a 
 business, with a view to the payments of debts ; and 
 
 (e) Any agreement or instrument entered into for the purpose 
 
 of carrying on or winding up the debtor's business, or 
 
 authorising the debtor or any other person to manage, 
 
 carry on, realise, or dispose of the debtor's business, 
 
 with a view to the payment of his debts." 
 
 By sect. 5, " From and after the commencement of this Act a 
 
 deed of arrangement to which this Act applies shall be void 
 
 unless the same shall have been registered under this Act within 
 
 seven clear days after the first execution thereof by the debtor 
 
 or any creditor, or if it is executed in any place out of England 
 
 or Ireland respectively, then within seven clear days after the 
 
 time at which it would, in the ordinary course of post, arrive in 
 
 England or Ireland respectively, if posted within one week after 
 
 the execution thereof, and unless the same shall bear such 
 
 ordinary and ad valorem stamp as is under this Act provided." 
 
 Creditors may append their signatures to the deed after regis- 
 tration. Ex parte Milne, 22 Q. B. D. 085 ; 58 L. J. Q. B. 333 ; 
 57 W. R. 499; 5 T. L. R. 423. In that case the deed of 
 arrangement was executed on the same day by the debtor, the 
 trustee, and one creditor, and duly registered in compliance with 
 the Act. Subsequently to such registration six other creditors 
 signed and affixed their seals. It was held that the execution of 
 the deed by creditors after registration did not amount to an 
 alteration of the deed so as to avoid it or vitiate the registration 
 of it ; and that the provisions of the Act were sufficiently com- 
 plied with by the registration of the deed as it existed at the 
 time of such registration. 
 
 The other sections of the Deeds of Arrangement Act, 1887, 
 provide for the mode and form of registration, the registrar, the
 
 VOLUNTARY OR FRAUDULENT DISPOSITIONS OF PROPERTY. 309 
 
 office for registration, and other incidental matters. And see as 
 to registration of deeds, transmission of copies to the County 
 Courts, and searches and extracts, the Deeds of Arrangement 
 Act Rules, 1888, W. N. (1888) p. 333, and in connection with 
 the Deeds of Arrangement Act, 1887, In re Batten, Ex parte 
 Milne, 22 Q. B. D. G85 ; 58 L. J. Q. B. 333. See also the 
 Land Charges Registration and Searches Act, 1888, and as to 
 deeds of arrangement, the Deeds of Arrangement Rules, 1890, 
 W. N. (1890) p. 533. 
 
 III. Voluntary or Fraudulent Dispositions of Property. 
 By 13 Eliz. c. 5, conveyances of lands, tenements, heredita- Fraudulent 
 
 COH V6V£iDC(?S 
 
 ments, goods and chattels, made with a view to defrauding under i3EHz. 
 creditors, are void as against such creditors, subject to a proviso c - 5 > V0ld - 
 for conveyances made bond fide and on good consideration. 
 
 A settlement, even for valuable consideration, made with the Settlements, 
 intention of defrauding creditors, is void under this statute, defraud credi- 
 The mere fact, however, of a settlement being voluntary is not tors > V0ld - 
 sufficient to render it void against creditors ; but if the settlor 
 was at the time of making the settlement — not necessarily in- 
 solvent — but so largely indebted as to induce the Court to believe 
 that the intention of the settlement was to defraud his creditors, 
 and some of his debts are still unpaid, the settlement may be set 
 aside. Holmes v. Penney, 3 Kay & J. 90. In order to make 
 void a deed as fraudulent against creditors, it is not necessary to 
 prove that the party was insolvent at the time, if it appear that 
 the intention was to delay creditors. Richardson v. Smalhcood, 
 Jac. 552. "It is not necessary to show, from anything actually 
 said or done by the party, that he had the express design by the 
 deed to defeat creditors ; but if he includes in it property to 
 such an amount that, having regard to the state of his property, 
 and to the amount of his liabilities, its effect might probably be 
 to delay or defeat creditors, if the Court is satisfied of that, the 
 deed is within the meaning of the statute." Per Kindersley, 
 V.-C, in Jenkyn v. Vaughan, 3 Drew. 424; see also Thompson v. 
 Webster, 4 Drew. G32 ; and Freeman v. Pope, L. R. 5 Ch. 538; 
 but see the judgment of LordEsher, M.R., in Ex parte Mercery 
 In re Wise, 17 Q. B. D. 298. 
 
 m. n i!
 
 370 
 
 VOLUNTARY OR FRAUDULENT DISPOSITIONS OF PROPERTY. 
 
 Voluntary 
 settlement, if 
 settlor about 
 to engage 
 in hazardous 
 business, may 
 be set aside. 
 
 Subsequent 
 creditors 
 participate in 
 assets if deed 
 set aside ; 
 
 and they may 
 bring - action 
 to set aside 
 settlement. 
 
 Valuable 
 consideration 
 may be 
 proved. 
 
 Duty of 
 sheriff under 
 13 Eliz. c. 5. 
 
 In order to set aside a voluntary settlement as being void 
 against creditors, it is not necessary to show that the settlor 
 contemplated becoming actually indebted. It is sufficient if he 
 contemplated a state of things which might result in bankruptcy 
 or insolvency, as e.g. if he were about to engage in business of a 
 hazardous or speculative character, or if he was incurring heavy 
 liabilities. Machay v. Douglas, L. R. 14 Eq. 106 ; Ex parte 
 Basse//, In re Sutterworih, 19 Ch. D. 588 ; and Crossley v. 
 Elworthy, L. E. 12 Eq. 158. 
 
 Where a deed is set aside as fraudulent against creditors the 
 property becomes assets and is applicable to the payment of 
 debts generally, and all the creditors come in at whatever times 
 their debts may have arisen. Richardson v. Small wood, Jac. 552. 
 
 A voluntary settlement, whereby the settlor takes the bulk of 
 his property out of the reach of his creditors shortly before 
 engaging in trade of a hazardous character, may be set aside in 
 a suit on behalf of creditors who became such after the settle- 
 ment, though there are no creditors whose debts arose before the 
 date of the settlement, and though when the settlement was 
 made it was doubtful whether the arrangements, under which 
 the settlor was to engage in the business, would take effect. 
 Mackay v. Douglas, L. R. 14 Ch. 106. 
 
 A deed of settlement which in form appears to be voluntary 
 may be proved by extrinsic evidence to have been made for 
 valuable consideration, and thus be good against creditors. 
 Pott v. Todhunter, 2 Coll. C. 1\. 76. An obligation, which is 
 voluntary as regards the person in whose favour it was originally 
 created, ceases to be voluntary when it passes into the hands of 
 other persons who have given valuable consideration for it. 
 George v. Milbanke, 9 Yes. Jun. 193 ; Payne v. Mortimer, 1 
 Giff. 118. 
 
 "With regard to the sheriff's duty under 13 Eliz. c. 5, it has been 
 decided by the case of Imray v. Magnay, 11 M. & W. 267; 12 
 L. J. Ex. 188 ; 7 Jur. 240 (which was followed by Christopher- 
 son v. Burton, 3 Ex. 160 ; 18 L. J. Ex. 60), that the sheriff is 
 obliged, under a writ founded on a bona fide debt, to seize, or 
 seize and sell, goods which have been fraudulently conveyed or 
 assigned ; and that if he neglect to do so, having notice of the 
 fraud at the time that he ought to have executed the writ, or 
 if he could then have discovered it by reasonable inquiry, he is 
 responsible for neglecting to seize and sell them, and an action 
 lies against him.
 
 VOLUNTARY OR FRAUDULENT DISPOSITIONS OF PROPERTY. 371 
 
 As to fraudulent transactions under 13 Eliz. c. 5, see further 
 Tiri/i t f\ Case, Sm. L. C. Vol. I. pp. 1, et seq., and the recent case 
 of In re Pennington, Er parte Cooper, 59 L. T. 774, affirmed by 
 the Court of Appeal, W. N. (1888) 205 ; 5 T. L. R. 29. 
 
 As to the bankruptcy provisions in relation to an act of bank- Fraudulent 
 ruptcy being committed by a debtor who has made a fraudulent prefCrince^an. 1 
 conveyance, &c. of property, or a fraudulent preference, see the acfc " f bank - 
 Bankruptcy Act, 1883, sect. 4, sub-sect. 1, (b) and (c). 
 
 By sect. 47, sub-sect. 1, "Any settlement of property not Avoidance of 
 being a settlement made before and in consideration of marriage, settlements 
 or made in favour of a purchaser or incumbrancer in good faith under Bank- 
 and for valuable consideration, or a settlement made on or for 1883. 
 the wife or children of the settlor of property which has accrued 
 to the settlor after marriage in right of his wife, shall, if the 
 settlor becomes bankrupt within two years after the date of the 
 settlement, be void against the trustee in the baukruptcy, and 
 shall, if the settlor becomes bankrupt at any subsequent time 
 within ten years after the date of the settlement, be void against 
 the trustee in the bankruptcy, unless the parties claiming under 
 the settlement can prove that the settlor was at the time of making 
 the settlement able to pay all his debts without the aid of the 
 property comprised in the settlement, and that the interest of the 
 settlor in such property had passed to the trustee of such settle- 
 ment on the execution thereof." By sub-sect. 2, "Any covenant 
 or contract made in consideration of marriage for the future 
 settlement on or for the settlor's wife or children of any money 
 or property wherein he had not at the date of his marriage any 
 estate or interest, whether vested or contingent, in possession or 
 remainder, and not being money or property of or in right of 
 his wife, shall, on his becoming bankrupt before the property or 
 money has been actually transferred or paid pursuant to the 
 contract or covenant, be void against the trustee in the bank- 
 ruptcy." By sub-sect. 3, " 'Settlement' shall for the purposes of 
 this section include any conveyance or transfer of property." 
 See Ex parte Todd, In re Askcrqft, 19 Q. B. D. 18G ; 56 L. J. 
 U. B. 431 ; 35 TV. R. 676. 
 
 By sect. 48, sub-sect. 1, " Every conveyance or transfer of pro- Avoidance of 
 perty, or charge thereon made, every payment made, every J^^ ffl 
 obligation incurred, and every judicial proceeding taken or 
 suffered by any person unable to pay his debts as they become 
 due from his own money in favour of any creditor, or any person 
 in trust for any creditor, with a view of giving such creditor a 
 
 B 1? 2
 
 S72 VOLUNTARY OR FRAUDULENT DISPOSITIONS OF PROPERTY. 
 
 preference over the other creditors shall, if the person making, 
 taking, paying, or suffering the same is adjudged bankrupt on a 
 bankruptcy petition presented within three months after the date 
 of making, taking, paying, or suffering the same, be deemed 
 fraudulent and void as against the trustee in the bankruptcy." 
 By sub-sect. 2, " This section shall not affect the rights of any 
 person making title in good faith and for valuable considera- 
 tion through or under a creditor of the bankrupt." To bring a 
 transfer of personal property within the above section, it must 
 be apparent from the nature and circumstances of the trans- 
 action that the intention of the transferor was that the property 
 transferred should permanently remain in the transferee. In re 
 Vansittart, Ex parte Brown, [1893] 1 Q. B. 181 ; 62 L. J. Q. B. 
 277. 
 Voluntary With regard to 27 Eliz. c. 4, as amended by the Voluntary 
 
 mKier^Ellz. Conveyances Act, 1893 (56 & 57 Yict. c. 21), the object of which 
 c - 4 - is to protect subsequent purchasers or mortgagees against prior 
 
 voluntary conveyances, in the case of a voluntary settlement the 
 settlor's subsequent judgment creditors cannot, it appears, acquire 
 rights in derogation of it which he would not have possessed.
 
 373 
 
 Chapter XXVI. 
 
 INTERPLEADER. 
 
 PAGE 
 
 I. Introductory -------- 373 
 
 Genera! 373 
 
 When Sheriff relieved 377 
 
 When Sheriff not entitled to Relief - - - -379 
 
 II. Procedure 381 
 
 Application -------- 381 
 
 Hearing 382 
 
 Issue 386 
 
 Judy mod -------- 387 
 
 Costs 388 
 
 (1) Preliminary 388 
 
 (2) When Sheriff entitled to Costs - - -389 
 
 (3) When Sheriff' not entitled to Costs - -391 
 
 (4) When Sheriff to pay Costs - - - 393 
 
 (5) When Each Party to pay his own Costs - 394 
 
 New Trial 394 
 
 Appeal 395 
 
 Forms of Notices, Interpleader Orders, 8fc. - - 398 
 
 I. Introductory. 
 
 General. 
 
 It will be observed that cases frequently arise where a third 
 party makes an adverse claim to property seized by the sheriff 
 under an execution, and that the latter, but for the following 
 safeguard, would be consequently subjected to considerable risk 
 in the discharge of his duties, to meet which, relief by way of 
 interpleader is provided. 
 
 Prior to the Judicature Acts the right of interpleader at 
 common law differed from the right of interpleader in equitv. 
 Common law interpleader was regulated by the Interpleader 
 Act (1 & 2 Will. 4, c. 58), and the Common Law Procedure
 
 374 
 
 INTERPLEADER. 
 
 When relief 
 by inter- 
 pleader 
 granted to 
 sheriff. 
 
 "What appli- 
 cant for relief 
 must prove to 
 Court. 
 
 Adverse titles 
 of claimants. 
 
 Sheriff's costs 
 prior to notice 
 admitting 
 
 claim. 
 
 Act, 1860. These Acts (with the exception of sect. 17 of the 
 Common Law Procedure Act, 1860) are now repealed, and the 
 right of interpleader and practice in interpleader proceedings 
 are regulated exclusively by the Rules of the Supreme Court, 
 1883, Ord. LYII. {a). See the Annual Practice, 1894, p. 1001. 
 The earlier decisions would, however, appear to be still more or 
 less applicable in principle, so far as consistent with the above 
 Order, to which limited extent they are accordingly referred to 
 in this branch. 
 
 By the R. of S. C. 1883, 0. LVIL, r. 1, "Relief by way of 
 interpleader may be granted [inter alia] where the applicant is 
 a sheriff, or other officer, charged with the execution of process 
 by or under the authority of the High Court, and claim is made 
 to any money, goods, or chattels taken or intended to be taken 
 in execution under any process, or to the proceeds or value of 
 any such goods or chattels, by any person other than the person 
 against whom the process is issued." As to what are " the 
 proceeds or value " of goods taken in execution within the 
 meaning of this rule, see Smith v. Critchfiehl, 14 Q,. B. D. 873; 
 54 L. J. U. B. 366. 
 
 By Rule 2 of the same Order, " The applicant must satisfy the 
 Court or a judge by affidavit or otherwise (a) that the applicant 
 claims no interest in the subject-matter in dispute, other than 
 for charges or costs ; and (b) that the applicant does not collude 
 with any of the claimants ; and (c) that the applicant is willing 
 to pay or transfer the subject-matter into Court or to dispose of 
 it as the Court or a judge may direct." 
 
 By Rule 3, " The applicant shall not be disentitled to relief 
 by reason only that the titles of the claimants have not 
 a common origin, but are adverse to and independent of one 
 another." 
 
 By the R. of S. C, Dec. 1889, Ord. LYII., r. 16, " Where 
 a claim is made to or in respect of any goods or chattels taken 
 in execution under the process of the Court it shall be in writing, 
 and upon the receipt of the claim the sheriff or his officer shall 
 forthwith give notice thereof to the execution creditor according 
 to Form 28 in Appendix B. (b) or to the like effect, and the 
 execution creditor shall, within four days after receiving the 
 notice, give notice to the sheriff or his officer that he admits or 
 
 (a) Fully Bet out under the title " General Practice," ante, p. 30. 
 
 (b) For a copy of the above-mentioned form, see post, p. 398.
 
 INTRODUCTORY. 375 
 
 disputes the claim, according to Form 29 in Appendix B. (c) or 
 to the like effect. If the execution creditor admits the title of 
 the claimant, and gives notice as directed by this rule, he shall 
 only he liable to such sheriff or officer for any fees and expenses 
 incurred prior to the receipt of the notice admitting the claim." 
 
 By the E. of S. C, Dec. 1889, Ord. LVIL, r. 17, " Where Costs in 
 the execution creditor does not in due time, as directed by the 
 last preceding rule, admit or dispute the title of the claimant to 
 the goods or chattels, and the claimant does not withdraw his 
 claim thereto by notice in writing to the sheriff or his officer, 
 the sheriff may apply for an interpleader summons to be issued, 
 and should the claimant withdraw his claim by notice in writing 
 to the sheriff or his officer, or the execution creditor in like 
 manner serve an admission of the title of the claimant prior to 
 the return day of such summons, and at the same time give 
 notice of such admission to the claimant, the judge or master 
 may, in and for the purposes of the interpleader proceedings, 
 make all such orders as to costs, fees, charges, and expenses, as 
 may be just and reasonable." 
 
 By the Supreme Court of Judicature Act, 1884 (47 & 48 Yict. Power of 
 c. 61), sect. 17, " If it shall appear to the Court or a judge that transfer 
 any proceeding now pending or hereafter commenced in the interpleader 
 
 proceedings 
 
 High Court of Justice by way of interpleader, in which the to County 
 amount or value of the matter in dispute does not exceed the Court - 
 sum of five hundred pounds (being the limit of the equitable 
 jurisdiction given to the County Court by the County Courts 
 Act, 1865), may be more conveniently tried and determined in 
 a County Court, the Court or judge may at any time order the 
 transfer thereof to any County Court, in which an action or 
 proceeding might have been brought by any one or more of the 
 parties to such interpleader against the others or other of them, 
 if there had been a trust to be executed concerning the matter in 
 question ; and every such order shall have the same effect as if 
 it had been for the transfer of a suit or proceeding under sect. 8 
 of the County Courts Act, 1867 ; and the County Court shall 
 have jurisdiction and authority to proceed therein, as may be 
 prescribed by any County Court Rules for the time being in 
 force." 
 
 Care should be exercised by the sheriff in interpleading, that Sheriff >i. iuld 
 is, he should (except, perhaps, where the execution creditor gives ^eforeTnuT 1 - 7 
 pleading, 
 
 ('•) For a copy of the above-mentioned form, see post, p. 398.
 
 376 
 
 INTERPLEADER. 
 
 and should 
 apply for 
 relief without 
 delay, 
 
 but he is not 
 bound to 
 interplead. 
 
 Indemnity 
 from execu- 
 tion creditor. 
 
 Expenses of 
 possession 
 pending final 
 order. 
 
 Adverse 
 claims to exe- 
 cution under 
 Admiralty 
 process. 
 
 Interpleader 
 provisions do 
 no1 apply to 
 Crown. 
 
 Application 
 to foreigners 
 out of the 
 
 jurisdiction. 
 
 notice under Ord. LVII. r. 16, R. of S. C, December, 1889, 
 that he disputes the claim) satisfy himself as to the nature of 
 the claim, and avoid acting too hastily ; for not merely refusal 
 of relief, but disallowance of the sheriff's costs, and even his 
 being subjected to the payment of the other parties' costs often 
 result from unnecessary or uncalled-for interpleader proceedings. 
 Bishop v. IB'n.rman, 2 D. P. C. 166 ; and see Beg. v. Sheriff of 
 Oxfordshire, 6 D. P. 0. 136 ; and Button v. Fumiss, 35 L. J. 
 Ch. 463. Moreover, the sheriff must apply without delay or he 
 will be refused relief. Bevereux v. John, 1 D. P. C. 548 ; and 
 see Cooh v. Allen, 2 D. P. C. 11 ; Beak v. Overton, 5 D. P. 0. 
 599 ; 2 M. & W. 534 ; and Mutton v. Young, 16 L. J. C. P. 309. 
 But it seems that a sheriff is not obliged to interplead. Thus, 
 where goods seized in execution by the sheriff under a fi. fa. 
 have been previously assigned by the execution debtor to a 
 third party as security for a debt, the sheriff is not bound to 
 interplead and thereby enable proceedings to be taken for an 
 order to sell (//), but he is at liberty to withdraw, though the 
 value of the goods seized exceed the sum secured by the bill of 
 sale, and the execution debtor, therefore, has an equity of 
 redemption which is valuable. Scarlett v. Hanson, 12 Q. B. D. 
 213 ; 53 L. J. Q. B. 62. 
 
 The sheriff is not bound to accept the execution creditor's 
 indemnity in respect of an adverse claim, but may, if he prefer, 
 interplead. Levy v. Cha/npneys, 2 D. P. C. 454 ; and see 
 Claridge v. Collins, 7 I). P. C. 698 ; Crossley v. Ebcrs, 2 H. & 
 W. 216; and Wilhs v. Popjoy, 10 Leg. 0. 12. 
 
 The sheriff must pay for keeping possession of the goods 
 pending the Court's final order. Claridge v. Collins, 7 D. P. C. 
 698. 
 
 For proceedings where an adverse claim is made to goods 
 taken under Admiralty process, see the Admiralty Court Act, 
 1861 (24 Vict. c. 10), sect. 16. 
 
 The interpleader provisions do not apply to cases where the 
 Crown is an interested party. Candy v. Maughan, 6 M. & Gr. 
 710 ; 1 D. & L. 745. But it seems that foreigners residing out 
 of the jurisdiction may bo made to interplead. Bramwell, L. J., 
 in the under-mentioned case, said : " It has been suggested that 
 the defendants ought not to be allowed to interplead, because 
 
 (</) Formerly under sect. 13 of the Common Law Procedure Act, 18G0 
 but now under the It. of S. C. 1883, O. LVII. r. 12.
 
 INTRODUCTORY. 377 
 
 the claimant Lopez is a foreigner residing out of the jurisdiction 
 of the High Court. That is no ground for rejecting this appli- 
 cation, although it may be a reason for making him give security 
 for costs or barring him altogether." Atteriborough v. St. Katha- 
 rine's Dock Co., 3 C. P. D. 454 ; and see also Belmonte v. 
 Ai/nard, 4 C. P. D. 221, 352 ; and Credits Gerundeuse v. Van 
 Weede, 12 Q. B. D. 171. 
 
 When Sheriff relieved. 
 
 Interpleader proceedings are only applicable where the pro- When 
 perty in question has been actually claimed by some third party, p^c^dlngs 
 and the claim made is of such a nature as may be followed by applicable. 
 an action. Isaac v. Spilsbury, 2 D. P. C. 211 ; 10 Bing. 3; 3 
 Moo. & S. 341 ; and Bentleyv. Hook, 2 C. & M. 426 ; 2 D. P. C. 
 339. Per Bayley, B., in Bentley v. Rook, supra : " The sheriff 
 must show that a claim has been made, as that is the foundation 
 of our jurisdiction." See also Tarleton v. Dummelow, 5 Bing. 
 N. C. 110; 6 Scott, 843; and Barker v. Phipson, 3 D. P. C. 
 590. But the sheriff need not wait for proceedings to be taken 
 against him before applying to the Court for relief. Green v. 
 Brown, 3 D. P. C. 337. 
 
 Formerly an equitable claim could not be the subject of an Equitable 
 interpleader summons. Hurst v. Sheldon, 13 C. B. N. 8. 750 ; ^subjeT/of 
 and see Sturgess v. Claude, 1 D. P. C. 505 ; and Roach v. interpleader. 
 Wright, 8 M. & W. 155. But it was held, in Duncan v. Cashin, 
 L. P. 10 C. P. 554 ; 44 L. J. C. P. 225, that upon an inter- 
 pleader issue the Court will take notice of equitable rights. And 
 see Engleback v. Nixon, L. E. 10 C. P. 645 ; 44 L. J. C. P. 396 ; 
 Rusden v. Pope, L. R. 3 Ex. 269 ; 37 L. J. Ex. 137 ; and Shingler 
 v. Holt, 30 L. J. Ex. 322. Moreover now, by the Supreme 
 Court of Judicature Act, 1873 (36 & 37 Yict. c. 66), sect, 24, 
 sub-sect, 4, " The said Courts respectively, and every judge 
 thereof, shall recognize and take notice of all equitable estates, 
 titles, and rights, and all equitable duties and liabilities appear- 
 ing incidentally in the course of any cause or matter, in the 
 same manner in which the Court of Chancery would have 
 recognized and taken notice of the same in any suit or pro- 
 ceeding duly instituted therein before the passing of this Act." 
 
 The sheriff may apply for an interpleader order where the Execution 
 execution debtor claims the seized effects, qua executor, the claiming as 
 
 executor.
 
 378 INTERPLEADER. 
 
 latter being in such a case considered a claimant for interpleader 
 purposes. Fenwick v. Laycock, 1 G. & D. 532 ; 2 Q. B. 108. 
 Claim for Moreover, the Court will relieve the sheriff in the case of 
 
 conflicting claims on property seized by him, though that 
 claim is only of a lien, and not of the whole property. Ford v. 
 Baynton, 1 D. P. C. 357 ; and see Frith v. Simpson, 13 Q. B. 
 480. 
 Goods in The fact of the seized effects being in a stranger's possession, 
 
 possession. anc ^ n °t m that of the execution debtor, is no bar to the sheriff 
 in applying for an interpleader order. Alien v. Gibbon, 2 
 D. P. C. 292 ; and see Barker v. Dynes, 1 D. P. C. 169. 
 Various writs. In the case of Sloicman v. Back, 3 B. & Ad. 103, an inter- 
 pleader order was made where goods had been taken by the 
 sheriff under a fi.fa., and sold by him, another fi. fa. having 
 been issued in the meantime against the same goods, and where 
 a party claimed a title to the property against both the plaintiffs, 
 the defendant and the sheriff, and complained that the goods 
 had been sold improvidently, and in spite of notice from the 
 owner. 
 Conflicting Where there are conflicting claimants to property seized 
 
 defendant *" imc l er a fi- f a -> the defendant having become bankrupt, the 
 bankrupt. Court will interfere, and protect the sheriff. Barker v. Booth, 1 
 Moo. & S. 156 ; 8. P., Northeote v. Beauchamp, 1 Moo. & S. 158. 
 Sheriff a The sheriff can be relieved by way of interpleader as well in 
 
 respect of actions of trespass against him for breaking and 
 entering a claimant's house as in respect of disputed claims to 
 the seized effects. Winter v. Bartlwlomeic, 11 Ex. 704 ; 25 L. J. 
 Ex. 62. This case appears to have overruled the cases of Hotlier 
 v. Laurie, 3 C. B. 344, and Abbott v. Richards, 3 D. & L. 487 ; 
 15 M. & W. 194, where the Court refused to stay proceedings 
 against the sheriff for breaking and entering the house of the 
 claimant. 
 Claimant may A. married woman may also be a claimant in an interpleader 
 woman?"* issue. Shingler v. Holt, 7 II. & N. 65 ; 30 L. J. Ex. 322 ; 7 
 Jur. N. S. 866 ; 4 L. T. 76 ; and see Bird v. Holt, 30 L. J. Ex. 
 or infant. 318 ; 7 Jur. N. S. 866 ; 5 L. T. 76. The Court has, moreover, 
 power to give a sheriff relief though the claimant is an infant. 
 Claridge v. Collins, 7 D. P. C. 698 ; 3 Jur. 894.
 
 INTRODUCTORY. 379 
 
 When Sheriff not entitled to Relief. 
 
 The sheriff cannot apply unless the goods or money in question Where poods 
 are actually in his hands. Scott v. Lewis, 2 C. M. & R. 289 ; 4 *£%$ * 
 D. P. 0. 259. But, according to Lea v. Rossi, 11 Ex. 13 ; 24 hands, 
 L. J. Ex. 280, the Court may interfere by interpleader order on 
 the sheriff's application if he " intended " to take the goods, 
 although he may not have actually seized them ; but such 
 jurisdiction will, it seems, be rarely exercised ; and see Day v. 
 Carr, 7 Ex. 883. The sheriff is not entitled to relief where, 
 having gone to the premises of the defendant to take his goods 
 under afi. fa., he has withdrawn without seizing them, on notice 
 of an adverse claim, and has not the goods in his possession 
 when he applies to the Court. Holton v. Ghuntrip, 3 M. & TV. 
 145; 6D. P. C. 130. 
 
 The sheriff's delivery of part of the seized effects to the or have been 
 claimant will preclude the sheriff from interpleading. Braine v. claimant ° 
 Hunt, 2 D. P. C. 391. Moreover, it was held, in Anderson v. or payment 
 Calhu-ay, 1 C. & M. 182 ; 1 D. P. C. 636, that, if a sheriff pay ^fjj^nt 
 over the proceeds of an execution to the judgment creditor after creditor, 
 notice of a claim, he is not entitled to relief (and see 8. C. nam. 
 Chalon v. Anderson, 3 Tyr. 237) ; nor though he had no notice 
 of the claim until after the sale. Inland v. Bushell, 2 H. & TV. 
 118; 5D. P. C. 147. 
 
 In a case where the sheriff seized goods in execution which Where rent 
 were under distress for rent due to the landlord, the Court ls due ' 
 refused to grant him relief, though he had applied for indemnity 
 to the execution creditor, which had been refused. It is the 
 duty of the sheriff to inquire whether the rent is due, and if it 
 is, to satisfy it. Haythorn v. Bush, 2 D. P. C. 641 ; and see 
 Clarke v. Lord, 2 D. P. C. 56 ; and Gethin v. Wilis, 2 D. P. C. 
 189. In fact, in no case where the claim is for rent can there 
 be an interpleader. Bateman v. Farnsworth, 29 L. J. Ex. 36-5. 
 
 The Court will not grant the sheriff relief where he seizes Where pre- 
 under one fi. fa., and the question is, whether that writ ouffht m ! en ':''' \ li 
 
 " „ writs is in 
 
 to have preference of another. Day v. Waldock, 1 D. P. C. 523. que>tion. 
 In Salmon v. James, 1 D. P. C. 369, it was similarly held, that 
 the sheriff was not entitled to relief where he had levied under 
 to.fi.fa., and while in possession received notice that other writs 
 of execution had been issued against the defendant's goods. 
 Taunton, J., in that case, said : " The writ will be a sufficient 
 justification to him [the sheriff] for paying over the proceeds of
 
 380 INTEEPLEADER. 
 
 the levy to the first execution creditor. What signify these 
 
 notices ? that is merely struggling for priority of claim." 
 
 "Where sheriff If the sheriff be in any way indemnified he is not entitled to 
 
 ism erum e , re j* e £ ^ wa y £ interpleader. Ostler v. Bower, 4 D. P. C. 605 ; 
 
 1 H. & "W. 653. But, as previously intimated, he is not bound 
 
 to accept an indemnity from the execution creditor in respect of 
 
 or has exer- a third party's claim, but he may, if he prefer, interplead. Nor 
 
 tion 1SCre " * s ne entitled to relief where he has already exercised a disore- 
 
 or has delayed tion in the matter. Crump v. Day, 4 C. B. 760. As already 
 
 in applying intimated, the sheriff will be refused relief unless he applies 
 
 tor reliei. 7 ... . 
 
 without delay after receiving notice of an adverse claim. 
 
 Devereux v. John, 1 D. P. C. 548 ; and see Cook v. Allen, 2 
 
 D. P. C. 11 ; Beak v. Overton, 5 D. P. C. 599 ; 2 M. & W. 534 ; 
 
 and Mutton v. Young, 16 L. J. C. P. 309. But, under special 
 
 circumstances, the Court will waive an objection on the ground 
 
 of delay. Dixon v. Ensell, 2 D. P. C. 621. The sheriff must, 
 
 however, make a special affidavit as to such circumstances. 
 
 Cook v. Allen, ante. 
 
 Where sheriff The fact of the sheriff acting dishonestly, or of his conduct 
 
 honestly having prejudiced either party, disentitles him to relief. Holt v. 
 
 or is into'- Frost, 3 H. & N. 821 ; 28 L. J. Ex. 55. Moreover, where the 
 
 rested, sheriff is interested or susj>ected of collusion with either of the 
 
 parties, the Court will not relieve him. Duddin v. Long, 3 
 
 D. P. C. 139 ; 1 Scott, 281 ; and Ostler v. Bower, 4 D. P. C. 
 605 ; and see Cox v. Balne, 2 D. & L. 718 ; 14 L. J. Q. B. 95 ; 
 Murietta v. South American, 8fc. Co., 62 L. J. Q. B. 396 ; and 
 
 E. of S. C, 1883, Ord. LYII, r. 2 (b), ante p. 374. The fact, 
 however, that the sheriff had, down to the seizure of the execu- 
 tion debtor's goods, acted as the solicitor of a claimant, and had 
 given him notice of the execution, has been held to be not alone 
 sufficient to prevent his calling on the parties to interplead. 
 Holt v. Frost, ante. But there should not be any intermingling 
 of the character of solicitor and under-sheriff, or of execution 
 creditor (or even of partners of an execution creditor) and 
 under-sheriff. Duddin v. Long, and Ostler v. Bower, aide. 
 
 or is guilty of "Where the sheriff has been guilty of negligence he is not 
 
 nSfcSct. * entitled to relief {Brackenbury v. Laurie, 3 D. P. C. 180), or if 
 
 he is guilty of misconduct. Lewis v. Jones, 2 M. & W. 203. 
 
 "Where claim Where the sheriff seizes partnership goods for one partner's 
 
 formteStin ^ e ^*» ne * s not entitled to apply for relief on the ground of a 
 
 partnership claim set up in respect of another partner's interest therein, qua. 
 
 for another partner, although the claim states that the balance of accounts is
 
 PROCEDURE. 381 
 
 so much in favour of the claimant as to give him the sole partner s 
 beneficial interest in the property seized. Although, if the 
 execution creditor refuse either to admit or deny the partner- 
 ship, and insist on the goods being sold as the property not of 
 a partnership but of the execution debtor alone, such creditor 
 must indemnify the sheriff, and in default the Court will 
 enlarge the time for the sheriff's return to the writ. Holmes v. 
 Mentee, 4 A. & E. 127 ; 4 D. P. C. 300. 
 
 Where goods are taken in execution, and a claim was set up Where claim 
 under a bill of sale, dated after the levy, the Court discharged ) ( N f ^lVdated 
 the sheriff's application for relief, and, moreover, ordered him af ter levy. 
 to pay the execution creditor's costs. In re Oxford*// ire {Sheriff), 
 6 D. P. C. 136. 
 
 II. Procedure. 
 Application. 
 
 By the E. of S. C. 1883, Ord. LYIL, r. 5, "The applicant Summons by 
 may take out a summons calling on the claimants to appear and app 
 state the nature and particulars of their claims, and either to 
 maintain or relinquish them." 
 
 As to the time for making the application, see HilUard v. Time for 
 Hanson, (C. A.) 21 Ch. D. 69 ; 47 L. T. 342 ; 31 W. E. 151 ; a PP Hcatio:i - 
 as also Ai/hcin v. Erans, 52 L. J. Ch. 105 ; 47 L. T. 568 ; and 
 Green v. Brown, 3 D. P. C. 337. 
 
 A claimant who appears in pursuance of an interpleader Particulars 
 summons taken out by the sheriff must state in his affidavit, ° c aim * 
 made under the above order and rule, not only the nature but 
 also the particulars of his claim, and the claimant is not entitled 
 to demand from the sheriff any sum not included in the par- 
 ticulars of claim so stated in the affidavit. Hockey v. Evans, 18 
 Q. B. D. 390 ; 56 L. J. Q. B. 253. But the Court will not 
 order the sheriff to deliver particulars of the goods seized. In 
 BanJy v. K-rook, 65 L. T. 377, where a sheriff, under a writ of 
 Ji. fa., had seized certain goods as the property of the defendant 
 in an action, which were claimed by the defendant's wife as her 
 separate property, and the claimant applied for an order that 
 the sheriff should deliver particulars of the goods seized, the 
 Court refused the application.
 
 3S2 
 
 INTERPLEADER. 
 
 Matters to be 
 proved by 
 applicant. 
 
 Not necessary 
 for sheriff to 
 file affidavit, 
 
 nor execution 
 creditor : 
 
 but claimant 
 must make an 
 affidavit. 
 
 Forms of 
 affidavit. 
 
 As already intimated, by Eule 2, " The applicant must satisfy 
 the Court, or a judge, by affidavit or otherwise (a) that the 
 applicant claims no interest in the subject-matter in dispute, 
 other than for charges or costs ; and (b) that the applicant does 
 not collude with any of the claimants; and (c) that the applicant 
 is willing to pay, or transfer the subject-matter into Court, or to 
 dispose of it as the Court or a judge may direct." It has been 
 held, however, by the recent case of Stoeher v. Heggerty, 67 L. T. 
 27, that, in applying for an interpleader summons, a sheriff need 
 not, as a general rule, file an affidavit in support of his appli- 
 cation, such affidavit being wholly unnecessary, that, if he does- 
 so file an affidavit, he will not be entitled to the costs of the 
 same, and that his proper course is to wait and see if an affidavit 
 is necessary, in whicb case he can ask for and obtain an adjourn- 
 ment for an affidavit to be filed. As to what is sufficient com- 
 pliance with the above rule requiring an affidavit of no collusion, 
 see Jones v. Shepherd, 30 L. J. Ch. 404 ; and as to collusion, see 
 Marietta v. South American, 8fc. Co., 62 L. J. Q. B. 396. It 
 would appear to be unnecessary for an execution creditor, 
 appearing on an interpleader summons, to produce an affidavit. 
 Angus v. Wootton, 3 M. & W. 310. But a third party (or 
 claimant), called upon in interpleader proceedings to appear and 
 state the nature and particulars of his claim to the property 
 seized by the sheriff, must, it seems, make a statement by 
 affidavit, nor does it appear to be sufficient that he appears 
 by counsel, and that upon affidavits put in by other parties, it 
 appears he has given formal notice of his claim to the sheriff. 
 Powell v. Lock, 3 Ad. & E. 315 ; 1 H. & W. 281 ; 4 N. & 
 M. 852 ; and see Placs v. Capet, Ex. D., 68 L. T. Journal 
 354. An affidavit whicb sbows a sufficient maintaining of the 
 claim to justify the direction of an issue will suffice. Webster v. 
 Delaficht, 7 C. B. 187; 6 D. & L. 597; 18 L. J. C. P. 186. 
 An affidavit for showing cause may be sworn at any time before 
 cause is shown. Braine v. Hunt, 2 D. P. C. 391. Suitable 
 forms of affidavit will be found in Chitty's Forms, 11th edit. 
 
 Hearing. 
 
 Order upon By Ord. LYII. r. 7, "If the claimants appear in pursuance of 
 
 appearance of ^ Q summons, tbe Court or a judge may order either that any 
 summons. claimant be made a defendant in any action already commenced
 
 PROCEDURE. 383 
 
 in respect of the subject-matter in dispute in lieu of or in 
 addition to the applicant, or that an issue between the claimants 
 be stated and tried, and in the latter case may direct which of 
 the claimants is to be plaintiff, and which defendant." There is 
 no jurisdiction under this rule to limit the defences of a claimant, 
 who is substituted as defendant, to such defences as the original 
 defendant could raise, since the words of the rule empowering 
 the Court or judge to substitute any claimant as defendant " in 
 lieu of" the applicant do not mean that the claimant should 
 stand " in the actual place of," but instead of, such defendant. 
 Gerhard v. Montague, 61 L. T. 564 ; 38 TV. R. 76. 
 
 By rule 9, " Where the question is a question of law, and the Decision of 
 facts are not in dispute, the Court or a judge may either decide ^ s lons ° 
 the question without directing the trial of an issue, or order that 
 a special case be stated for the opinion of the Court. If a 
 special case is stated, Ord. XXXIV. [Special Case] shall, as 
 far as applicable, apply thereto." 
 
 By rule 8, " The Court or a judge may, with the consent of Disposal of 
 both claimants or on the request of any claimant, if, having ™^'" 
 regard to the value of the subject-matter in dispute, it seems manner, 
 desirable so to do, dispose of the merits of their claims, and 
 decide the same in a summary manner and on such terms as 
 may be just." See on this rule, Bryant v. Reading, 17 Q. B. 
 D. 128. 
 
 The Court had no power, under 1 & 2 "Will. 4, c. 58, to 
 dispose summarily of the matter in dispute between the parties, 
 who appeared on the sheriff's rule, without the consent of both 
 plaintiff and claimant. Curleiris v.Pocock, 5 D. P. C. 381. In 
 Harrison v. Wright, 13 M. & TV. 816; 2 D. & L. 695, certain 
 goods having been seized by the sheriff under an execution, a 
 third party claimed to be entitled thereto, whereupon the sheriff 
 obtained an interpleader rule, and brought the plaintiff and the 
 claimant before a judge at chambers, who decided that the goods 
 belonged to the claimant, and ordered the sheriff to deliver up 
 possession of them to him, and the plaintiff to pay the costs of 
 claimant and the sheriff. The order was not stated on the face 
 of it to have been made by consent, but was in fact so made. 
 The plaintiff accordingly paid the costs, pursuant to the order, 
 and the sheriff gave up possession of the goods ; but the plaintiff, 
 having discovered that there was other property in the debtor's 
 possession which did not belong to the claimant, ruled the 
 sheriff to return the writ, and on his returning nulla bona
 
 384 INTERPLEADER. 
 
 brought an action against him for false return. It was held, 
 first, that the judge had no authority under 1 & 2 Will. 4, c. 58, 
 to make such an order without the consent of the parties ; and, 
 secondly, that although the order was bad on that ground as an 
 interpleader order, still it was binding and conclusive upon the 
 parties as an award between them, the parties having, by their 
 conduct, agreed to submit the matter to the decision of the 
 judge. And see Baddocli v. BeaucJtamp, 8 Bing. 86 ; 1 Moo. & 
 S. 158 ; and Sloman v. Back, 3 B. & Ad. 103. 
 Order to sell By Rule 12, " When goods or chattels have been seized in 
 m execution execution by a sheriff or other officer charged with the execution 
 of process of the High Court, and any claimant alleges that he 
 is entitled, under a bill of sale or otherwise, to the goods or 
 chattels by way of security for debt, the Court or a judge may 
 order the sale of the whole or a part thereof, and direct the 
 application of the proceeds of the sale in such manner, and upon 
 such terms as may be just." But it was held, in Howell v. 
 Bauson, 13 Q. B. D. 67, that on an interpleader issue being 
 ordered to try the right to goods in execution the Court or a 
 judge may, under the Judicature Act, 1873, sect. 25, sub-sect. 8, 
 and Ord. LYII. r. 15, post, p. 388, order that, instead of a sale 
 by the sheriff , a receiver and manager be appointed (following the 
 decision in Pearce v. Watkins, 2 F. & F. 377, that an order will 
 not be made for the sale of goods seized in execution under 
 sect. 13 of the Common Law Procedure Act, 1860, except under 
 special circumstances, nor, semble, unless the value of the saleable 
 goods is shown to exceed the amount of the secured debt). 
 Where sheriff Where application is made by the sheriff for relief, the Court 
 reHrftrial w ^ n0 ^ ^ ^ e mer ^ s °^ the respective claims upon affidavit. 
 will not be Bramidge v. Adslicad, 2 D. P. C. 59. 
 
 ., » In interpleader proceedings instituted by a sheriff, a com j>any 
 
 costs, when which has been wound up, although made defendant to the 
 ordered. i ssue , may be ordered to give security for costs. Tomlinson v. 
 
 Land and Finance Corporation, 14 Q. B. D. 539 ; 53 L. J. Q. B. 
 561 (William* v. Crossling, 3 C. B. 957 followed; Bclmontc v. 
 Aynard, 4 C. P. D. 221, 352 distinguished). Per Brett, M.E.: 
 " If either of the parties to the issue arising out of a sheriff's 
 interpleader be a limited company and be insolvent it may be 
 compelled to give security for costs." And the Court will, it 
 seems, compel a claimant residing out of the jurisdiction and 
 seeking to be made a party to an interpleader issue to give 
 security for costs.
 
 PBOCEDURE. 385 
 
 The master or a judge at chambers, on an interpleader order, Power to stay 
 has power to restrain an action against the execution creditor r rocee(ilI1 & s - 
 as well as against the sheriff. Carpenter v. Pearse, 27 L. J. Ex. 
 143. 
 
 By Eule 10, "If a claimant, having been duly served with a Non-appear- 
 summons calling on him to appear and maintain, or relinquish, jJ^j^JL. or 
 his claim, does not appear in pursuance of the summons, or, neglect to 
 having appeared, neglects or refuses to comply with any order 
 made after his appearance, the Court or a judge may make an 
 order declaring him, and all persons claiming under him, for 
 ever barred against the applicant, and persons claiming under 
 him, but the order shall not affect the rights of the claimants as 
 between themselves." 
 
 An execution creditor, served with a sheriff's rule, is not Non- appear - 
 bound to appear when there are no goods liable to his execution, execution 
 Glazier v. Cooke, 5 N. & M. 680. If an execution creditor does creditor. 
 not appear on being served, with the sheriff's rule, the Court 
 cannot bar his claim. Donniger v. Hinxman, 2 D. P. C. 424. 
 In Doble v. Cummins, 7 Ad. & E. 580 ; 2 N. & P. 575, goods 
 being seized by the sheriff under n,fi.f«. were claimed adversely 
 to the execution creditor. On an interpleader rule, obtained by 
 the sheriff, the claimant and the sheriff appeared, but not the 
 execution creditor. The claimant supported his title by affidavit. 
 The Court refused to order generally that the execution creditor 
 should be barred of his demand, but made a rule that the sheriff 
 should withdraw from possession, and the execution creditor take 
 no proceedings against him in respect of the goods non-claimed. 
 
 If an execution creditor abandon his process against certain Abandonment 
 goods, seized under a,fi.fa., in favour of a claimant, the sheriff of P roc . ess b 7 
 has still a right to show in an action against him that the goods creditor. 
 were the property of the defendant. Baynton v. Harvey, 3 
 D. P. C. 344. 
 
 Upon an interpleader rule obtained on behalf of the sheriff, Non-appear- 
 neither plaintiff nor claimant appearing after service of the rule, a "[.| i( ',!, t 
 the Court ordered so much of the goods to be sold as would 
 satisfy the sheriff's charges and the rest to be abandoned. 
 Eveleigh v. Salisbury, 3 Bing. N. C. 298 ; 5 D. P. C. 369. 
 
 Where the sheriff applies to the Court for protection, no one How far 
 has a right to be heard against the rule, unless he is called upon MOedtob" 
 by the rule, though he is, in fact, a claimant ; and, if he is called heard against 
 on in one character, he cannot appear in another. ( 'larke v. Lord, 
 2 D. P. C. 55. But where a sheriff', having levied on the goods 
 
 M. C C
 
 386 
 
 INTERPLEADER. 
 
 Amending, 
 &c. order 
 directing trial 
 of issue. 
 
 Title of order 
 in inter- 
 pleader pro- 
 ceeding's. 
 
 of the defendant, received notice of his bankruptcy, and of a 
 claim by the provisional assignee, "or of any other persons who 
 might be appointed assignees," and after the assignees were 
 appointed, the sheriff obtained an interpleader rule, calling on 
 the provisional assignee only to appear, it was held {per Eolf, B.), 
 that the assignees were entitled to appear on that rule. Ibbotson 
 v. Chandler, 9 D. P. C. 250 ; and see Kirk v. Clarke, 4 D. P. 0. 
 363. 
 
 As to rescinding or amending an order directing a trial of an 
 issue, see Luck-in v. Sinqison, 8 Scott, 676. 
 
 By Ord. LVII. r. 14, " Where in any interpleader proceeding 
 it is necessary or expedient to make one order in several causes 
 or matters pending in several divisions, or before different judges 
 of the same division, such order may be made by the Court or 
 judge before whom the interpleader proceeding may be taken, 
 and shall be entitled in all such causes or matters ; and any 
 such order (subject to the right of appeal) shall be binding on 
 the parties in all such causes or matters." 
 
 Parties to 
 the issue. 
 
 Framing and 
 delivery of 
 issue. 
 
 Issue. 
 
 The interpleader order directing the issue to be tried will 
 indicate the parties to the issue ; where the sheriff is the appli- 
 cant for relief by interpleader, the claimant will be the plaintiff 
 in the issue, and the execution creditor will be the defendant. 
 An execution creditor does not by becoming a party to an inter- 
 pleader issue ratify or adopt the act of a sheriff so as to render 
 himself liable for the seizure of the goods which are the subject 
 of the interpleader issue. Woollen v. Wright, 1 II. & C. 554 ; 
 31 L. J. Ex. 513. 
 
 As to the framing and delivery of the issue by the plaintiff 
 the following remarks are made in Chitty's Archbold at 
 p. 1360 : — " If an issue is directed to be tried between the 
 parties, the party directed to be plaintiff should frame it. 
 [For the form see Chitty's Forms, p. 696.] The plaintiff must 
 deliver the issue within the time limited by the order, or if no 
 time be limited, and he neglect to deliver it within a reasonable 
 time, an order may be obtained, or the order amended, limiting 
 the time for its delivery. If not delivered by the plaintiff 
 within the time limited, an order may be obtained for delivery
 
 PROCEDURE. 387 
 
 over to the claimant of the subject matter in dispute with 
 costs." 
 
 By Ord. LVII. r. 13, "Orders XXXI. and XXXYI. shall, Application of 
 with the necessary modifications, apply to an interpleader issue ; and XXXVI." 
 and the Court or judge who tries the issue may finally dispose to i Q ter- 
 of the whole matter of the interpleader proceedings, including ceedings. 
 all costs not otherwise provided for." Ord. XXXI. relates to 
 discovery, and Ord. XXXVI. to trial. And see on this rule, 
 Robinson v. Tucker, (C. A.) 53 L. J. Q. B. 317; 50 L. T. 381. 
 
 Formerly, under the Interpleader Act, an interpleader issue Mode of trial. 
 could not be tried by a judge without a jury {Hamlyn v. 
 Betteky, G Q. B. D. 63 ; 50 L. J. Q. B. 1) ; but now since the 
 E. of S. C, 1883, unless trial by jury is expressly ordered under 
 the provisions of Ord. XXXYI., it seems that the issue must be 
 tried by a judge alone. As to the application of Ord. XXXYI. 
 to interpleader issues, see Ord. LYIL, r. 13, ante. 
 
 On an interpleader issue, where the question was, whether Right to 
 certain goods, &c., seized by the sheriff under a Ji.fa., issued | fg^ tna 
 upon a judgment, were the property of the plaintiffs as assignees 
 of a bankrupt, or of the defendant the execution creditor, and 
 the defendant pleaded that by virtue of such fi. fa. and as 
 against the plaintiff he was entitled to the proceeds of the 
 goods, &c, it was held that the plaintiffs were entitled to begin 
 at the trial. Edwards v. Matthews, 4 D. & L. 721 ; 16 L. J. 
 Ex. 291. 
 
 Judgment. 
 
 By Ord. XL. r. 10, "Upon a motion for judgment, or upon Judgment 
 an application for a new trial, the Court may draw all inferences l ipo ? ° 10tl0n 
 
 *- L J tor judgment 
 
 of fact, not inconsistent with the finding of the jury, and if or new trial, 
 satisfied that it has before it all the materials necessary for 
 finally determining the questions in dispute, or any of them, or 
 for awarding any relief sought, give judgment accordingly, or 
 may, if it shall be of opinion that it has not sufficient materials 
 before it to enable it to give judgment, direct the motion to 
 stand over for further consideration, and direct such issues or 
 questions to be tried or determined, and such accounts and 
 inquiries to be taken and made, as it may think fit." 
 
 In this connection by Ord. XL. (Motion for Judgment) r. 2, Judgment to 
 "Every referee to whom a cause or matter shall be referred for ty refer c 
 
 cc2
 
 388 
 
 IXTERPLEADEE. 
 
 trial shall direct how judgment shall be entered, and such judg- 
 ment shall be entered accordingly by a master or registrar as the 
 case maybe"; and see the note on this rule in the Annual 
 Practice, 1894, p. 766, and also rr. 3, 4, 5, and 6 of the same 
 Order. 
 
 Sheriff's costs 
 prior to notice 
 admitting 
 claim . 
 
 Court to make 
 orders as to 
 
 costs. 
 
 Costs ■where 
 claimant 
 withdraws 
 or execution 
 creditor ad- 
 mits claim. 
 
 Costs where 
 execution 
 creditor does 
 not appear. 
 
 Costs. 
 (1.) Preliminary. 
 
 As to the sheriff's costs incurred prior to his receipt of the 
 notice admitting the claim, see Ord. LYII. r. 16, B. of S. C, 
 Dec. 1889, ante, p. 374. 
 
 By Ord. LVII. r. 13, " The Court or judge who tries the 
 issue may finally dispose of the whole matter of the interpleader 
 proceedings, including all costs not otherwise provided for " ; 
 and by Rule 15, " The Court or a judge may, in or for the 
 purposes of any interpleader proceedings, make all such orders 
 as to costs and all other matters as may be just and reasonable." 
 This order, however, only empowers the master to deal with 
 the costs of the interpleader proceedings before him, all other 
 costs being by Ord. LIV. r. 12, excepted from his jurisdiction. 
 Hansen v. Maddox, 12 Q. B. D. 100 ; 53 L. J. Q. B. 67. But 
 no costs in matters arising out of interpleader motions are 
 allowed until the termination of the proceedings. Mood v. 
 Bradbury, 6 M. & O. 981 ; 7 Scott, N. P. 892. 
 
 Where, in the case of a sheriff's interpleader summons, the 
 claimant withdraws his claim to goods, seized by the sheriff, by 
 notice in writing to the sheriff or his officer, or the execution 
 creditor in like manner serves an admission of the title of the 
 claimant prior to the return day of such summons, and at the 
 same time gives notice of such admission to the claimant, the 
 judge or master may, in and for the purposes of the interpleader 
 proceedings, make all such orders as to costs, fees, charges, and 
 expenses, as maybe just and reasonable. R. of S. C, Dec. 1889, 
 Ord. LVII. r. 17. 
 
 AVI lore, in the case of a sheriff's interpleader summons, the 
 execution creditor has not in any way resisted the claim that 
 has been made to the goods he is not liable for any costs. C. v. 
 I)., W. N. (1883) 207 ; and see Glazier v. Cooke, 5 N. & M. 680; 
 Swaine v. Spencer, 9 D. P. C. 347 ; and Prosser v. Mattinson, 28 
 Sol. J. 411, 612. It was, however, held in Bryant v. Ikey, 
 1 D. P. C. 428, that where a fi. fa. has been issued, and goods
 
 PEOCEDUEE. 389 
 
 seized under it, and an adverse claim being set up, the sheriff 
 has applied for relief, and the execution creditor does not appear 
 to support his fi.fa., the Court will grant the costs of the adverse 
 claimant's appearing to support his claim, to be paid by the 
 execution creditor, although not those of the sheriff ; and 
 further, that if the execution creditor afterwards appears and 
 opens the rule, the Court will grant the sheriff the costs of his 
 second appearance. See also Bewick v. Thomas, 5 D. P. 0. 458; 
 and Hyland v. L< nnox, 28 L. R. Ir. 286. 
 
 "Where a sheriff is relieved, and an issue is directed to try the Costs where 
 rights of adverse claimants, the Court may adjudicate after the ^"^ ^ 
 trial on the costs of appearing to the sheriff's rule and of the 
 issue. Seaward v. Williams, 1 D. P. C. 528. 
 
 The rules respecting security for costs in interpleader issues Security for 
 follow those in actions. Moreover, no special jurisdiction to cos s " 
 recpiire such security in interpleader is given by Ord. LVII. 
 r. 15. Rhodes v. Dawson, 16 Q. B. D. 548; 55 L. J. Q. P. 134; 
 and see as to security for costs, William* v. Crossling, 3 C. B. 
 957; 16 L. J. C. P. 112 ; Belmonte v. Aynard, 4 C. P. D. 352; 
 and Tomlinsoa v. Land ami Finance Corporation, 14 Q. B. D. 
 539 ; 53 L. J. Q. B. 561. 
 
 In an interpleader proceeding on the application of the sheriff, Charges of 
 the claimant, if successful, is entitled to recover as costs from ^^^ntto 
 the execution creditor the sheriff's charges subsequent to the interpleader 
 
 order 
 
 interpleader order. Good/nan v. Blake, 19 Q. B. I). 77 ; 56 
 L. J. Q. B. 441. 
 
 (2.) When Sheriff entitled to Costs. 
 
 " Where an order is made on the application of a sheriff, he is Claimant 
 entitled to his costs from the period at which he has been called ^s^ 06 ^ 111 - 
 into interpleading action, that is to say, he is entitled, as against 
 an unsuccessful claimant, to costs and possession money from 
 the time of the notice of claim or from the time of sale, which- 
 ever would be first ; and where a sheriff is ordered to withdraw, Sheriff 
 he is entitled to costs as against the execution creditor from the ^Mrawby 
 time at which the latter authorized the carrying on of the inter- execution 
 pleader proceedings, that is generally from the return of the 
 interpleader summons." Per Field, J., in Searle v. Mattht 
 19 U. B. D. 77 n. ; W. N. (1883) 176; and see also C. v. P., 
 W. N. (1883) 207; Bransden v. Parker, 1 T. L. R. 510; and 
 Goodman v. Blake, 19 Q. B. D. 77 ; 56 L. J. Q. B. 441.
 
 390 
 
 INTERPLEADED 
 
 Abandonment 
 by claimant. 
 
 Non-appear- 
 ance of both 
 parties. 
 
 Neglect by- 
 claimant to 
 give security 
 Avlien ordered. 
 
 Claim by 
 agent. 
 
 Costs of 
 possession 
 and sale. 
 
 Where a claimant, after an application for relief, abandons 
 his claim after an issue directed, the sheriff is entitled to his 
 costs from the time of directing the issue and of the application 
 for those costs. Scales v. Sargeson, 4 D. P. C. 231. 
 
 "Where upon a rule of interpleader obtained on behalf of the 
 sheriff, neither claimant nor plaintiff appeared after service of 
 the rule, the Court ordered so much of the goods to be sold as 
 would satisfy the sheriff's charge, and the rest to be abandoned. 
 Eveleigh v. Salisbury, 3 Bing. N. C. 298 ; 5 D. P. C. 369. 
 
 Where, in consequence of a claim made on goods seized by a 
 sheriff in execution, the Court ordered the claimant to proceed 
 to trial upon payment of a sum of money into Court, which he 
 neglected to do, and a rule was then obtained to compel him to 
 pay the costs occasioned by his false claim, it was held, that he 
 was liable to pay those costs as well as the costs of that rule, 
 though no previous application had been made to him. Scales 
 v. Sargeson, 3 D. P. C. 707. 
 
 If a claim to goods seized by a sheriff is made by the defen- 
 dant on behalf of another, which does not appear to be well 
 founded, the Court will make him pay the costs of the sheriff's 
 application. Lewis v. fflcke, 2 D. P. C. 337 ; 2 0. & M. 321. 
 Where a claim is made by one on behalf of another to goods 
 seized by the sheriff in execution, and, upon a rule being 
 obtained, neither party appears to show cause, the plaintiff is 
 not entitled to receive his costs from the sheriff, but the sheriff 
 and the plaintiff are both entitled to their costs from the 
 claimant or his agent, upon a rule to show cause. Philby v. 
 Ikey, 2 D. P. C. 222 ; and see Loft v. Melville, 10 L. J. C. P. 
 279. 
 
 The sheriff will be allowed his costs of keeping possession, 
 after making the application, where it is for the benefit of the 
 parties, and not in furtherance of his duty. Undcrden v. 
 Burgess, 4 D. P. C. 104. The Court will allow a sheriff to 
 deduct the expenses of a sale effected by the authority of the 
 Court under interpleader proceedings, although it appears on 
 the trial of an issue that the seizure was wrongful. Bland v. 
 Brians, 6 D. P. C. 293 ; and see Babbs v. Humphries, 1 Scott, 
 325 ; 1 Bing. N. C. 412 ; 3 D. P. C. 377 ; and West v. Bother- 
 ham, 2 Bing. N. C. 527. Although the sheriff is not actually 
 allowed costs, jet, when he has retained possession of the goods 
 seized at the request of the execution creditor, and has sold 
 them with consent of all the parties, and the execution creditor
 
 PROCEDURE. '' itJ l 
 
 afterwards abandons his claim, the sheriff is entitled to receive 
 from him his costs of such possession and sale. Dabba v. 
 Humphries, ante, p. 390. 
 
 "Where an interpleader has been directed on the application 
 of the sheriff, and the claim of the third party fails, the strict 
 form of order upon which the sheriff is entitled to insist, is to 
 direct the execution creditor to pay the sheriff's charges of the 
 interpleader, with a remedy over to the execution creditor against 
 the third party, though it is a common form of order simply to 
 order the third party to pay them to the sheriff. Smith v. 
 Darloic, (0. A.) 26 Oh. D. 605. In this case the sheriff's 
 possession money caused by the claim was included in his (the 
 sheriff's) allowed costs, and the sheriff was held to be entitled to 
 deduct his costs from money in hand. 
 
 In Ex parte Streeter, In re Morris, 19 Ch. D. 216; 45 L. T. Costs of 
 634, the sheriff's costs of the appeal were ordered to be paid by appea 
 the party who should ultimately be decided to be in the wrong. 
 
 (3) When Sheriff not entitled to costs. 
 
 Formerly in ordinary cases the Court did not allow the 
 sheriff his costs of applying for a rule ( West v. Rotherham, 2 
 Scott, 802 ; 2 Bing. N. C. 527), nor was he entitled to his costs 
 on an application under the Interpleader Act (1 & 2 Will. 4, 
 c. 58), s. 6 ; and his claim to poundage depended on the legality 
 of the seizure. Barker v. Dynes, 1 D. P. C. 169. 
 
 Moreover, a claimant who fails to appear on an interpleader Non-appear- 
 rule obtained by the sheriff, is not bound to pay the sheriff his ckimant. 
 costs. Jones v. Lewis, 8 M. & W. 264 ; 5 Jur. 873 ; and see 
 Perkins v. Barton, 2 D. P. C. 108 ; 3 Tyr. 51 ; and Oram v. 
 Sheldon, 1 Scott, 697 ; 3 D. P. C. 640. In a case coming 
 within Ord. LYII. r. 10, the Court will make the claimant pay 
 the judgment creditor his costs of appearing on the sheriff's 
 rule ; but will not allow the sheriff his costs. Boicdlerv. Smith, 
 1 J). P. C. 417 ; and see Perkins v. Barton, 3 Tyr. 51 ; 2 
 D. P. C. 108; Ta-oejood v. Jlorrjan, 3 Tyr. 52 ; Ford v. Dillon, 
 5 B. & Ad. 885 ; 2 N. & M. 662 ; and Williams v. Richardson, 
 36 L. T. 505. 
 
 "When in the case of a sheriff's interpleader summons the Withdrawal 
 
 execution creditor withdraws, not having previously given any credttor ltl ° U 
 
 authority to the sheriff to contest the claim, the sheriff is not without _ 
 
 entitled to any costs against him. C. v. D., "W. N. (1883) 207. Sheriff ^"con- 
 test claim.
 
 392 
 
 lNTERl'LEADEH. 
 
 Non-appear- 
 ance of 
 execution 
 creditor. 
 
 Arrangement 
 between 
 
 parties. 
 
 Costs of 
 appeal. 
 
 Costs of 
 keeping 
 possession. 
 
 Per Field, J., " The question referred to me by the Master is 
 whether the sheriff is entitled to any costs as against the 
 execution creditor. The facts are that a claim was made, the 
 sheriff served an interpleader summons, and upon the return of 
 the interpleader summons the execution creditor withdrew, not 
 having previously given any authority to the sheriff to contest 
 the claim. Under these circumstances, I think that the sheriff 
 is not entitled to any costs. The law imposes upon the sheriff 
 the duty of executing the writ, but relieves him from the 
 consequences of taking another person's goods by allowing him 
 to take out a summons to interplead. The execution creditor 
 in the present case has not in any way resisted the claim that 
 has been made to the goods, and ought not, therefore, to be 
 liable to any costs." 
 
 If the execution creditor does not appear the Court will not 
 order him to pay the sheriff the costs of keeping possession. 
 Field v. Cope, 2 C. & J. 480 ; 1D.P. C. 567 ; and see Bowdler 
 v. Smith, 1 I). P. C. 417 ; and Perkins v. Burton, 2 D. P. C. 
 108. 
 
 The sheriff was not entitled to costs where the parties came 
 to an arrangement, after an order made under the Interpleader 
 Act, unless it could be shown that their proceedings were 
 vexatious. Cox v. Fenn, 7 D. P. C. 50 ; 2 Jur. 945. 
 
 In Ex parte Webster, In re Morris, 22 Ch. D. 136, the order 
 on an interpleader issue between a bill of sale holder and an 
 execution creditor gave the sheriff his costs, to be paid by the 
 bill of sale holder. The bill of sale holder appealed, and by 
 the notice of appeal asked that the sheriff's costs might be paid 
 by the execution creditor. The notice was served on the sheriff, 
 and he appeared by counsel on the hearing of the ajipeal. His 
 counsel took no part in the argument of the appeal, but only 
 asked for costs. It w r as not suggested that the execution 
 creditor was not as well able to pay the sheriff's costs as the bill 
 of sale holder. It was held that, though it was an error to 
 serve the sheriff with a formal notice of the appeal, he ought 
 not to have appeared on the hearing, and that he was not 
 entitled to any costs of the appeal. 
 
 Where a sheriff, having seized certain horses which were 
 claimed by a third party, applied for relief and obtained a 
 judge's order that, on payment of a sum of money into Court 
 and on payment to the sheriff of possession money from the date 
 of tint order, the sheriff should withdraw from possession, it was
 
 PEOCEDUKE. 393 
 
 held, that the sheriff was not entitled to detain the horses for 
 the expense of their keep. Gaskell v. Sefton, 14 M. & "W. 802 ; 
 15 L. J. Ex. 107. Per Pollock, C.B. : " The Court will ulti- 
 mately do justice net ween the parties when the feigned issue is 
 disposed of. But, in the meantime, the question is whether, 
 having regard to the order which requires the sheriff to deliver 
 up the horses on receiving 'possession money,' the sheriff's officer 
 can charge for their keep. I think he cannot. The sheriff 
 might have applied for their keep when the parties were before 
 the judge, who would have allowed it, if he had thought the 
 sheriff ought to have it." 
 
 The Court would not under the Interpleader Act allow the 
 sheriff his costs incurred in keeping possession in consequence of 
 a party refusing to consent to a judge at chambers making an 
 order in the case, no authority for that purpose being given by 
 that Act. Clarke v. Chetwode, 4 D. P. C. 635. 
 
 As already intimated, in applying for an interpleader sum- Costs of filing 
 mons a sheriff need not, as a general rule, file an affidavit in 
 support, such being wholly unnecessary, and if he does so, he 
 will not be entitled to the costs of such an affidavit. Stacker v. 
 Eeggerty, 67 L. T. 27. 
 
 (4.) When Sheriff to pay Costs. 
 
 The Court will, on proper grounds shown, order the sheriff, Claimant 
 
 or the execution creditor, to pay a third party, appearing and 
 
 successfully prosecuting his claim, his costs of such appearance. 
 
 Ford v. Billon, 3 B. & Ad. 885 ; 2 M. & N. 662. Moreover, in Payment of 
 
 Anderson v. Calloway, 1 C. & M. 182 ; 1 D. P. C. 6:36, a rule, SS^ 7 
 
 obtained on the part of the sheriff under the Interpleader Act executi on 
 
 calling the parties before the Court, was dismissed with costs ; 
 
 it being held that where, as in that case, a sheriff had paid over 
 
 the proceeds of the execution of the judgment creditor he was 
 
 not entitled to relief under that Act. Again, where goods were Claim Tinder 
 
 taken in execution and a claim was set up under a bill of sale h 3 ll l °! > -' 1l ' 
 
 . dated after 
 
 dated after the levy, the Court discharged the sheriff's applica- levy. 
 
 tion for relief, and, moreover, ordered him to pay the execution 
 
 creditor's costs. In re Oxfordshire {Sheriff), 6 D. P. C. 136. 
 
 Before the sheriff applies to the Court for relief, he is bound Claim bad in 
 
 to inquire into the nature of the claim set up; and therefore, if 
 
 he brings parties before the Court in consequence of a claim 
 
 which is clearly bad in point of law, the Court will compel him
 
 394 
 
 INTERPLEADER. 
 
 to pay the costs. Bkhop v. Hinxman, 2 D. P. C. 166. In this 
 case, however, the judgment creditor was not allowed his costs 
 on the ground that he had not repudiated his claim, and that 
 therefore the sheriff might have thought that he intended to 
 persevere in it. 
 
 (5.) When Each Party to pay his own Costs. 
 
 Where the sheriff applies to the Court for relief, and no blame 
 appears to attach either to the execution creditor, the claimant, 
 or the sheriff, each party must pay his own costs. Mo r land v. 
 CUUy, 1 D. P. C. 520. 
 
 Application 
 and grounds 
 for new trial. 
 
 Power of 
 Court to enter 
 judgment 
 instead of 
 ordering new 
 trial. 
 
 New Trial. 
 
 A new trial may be applied for on the same grounds as in an 
 ordinary action, and the application is regulated by the same 
 rules. Robinson v. Tucker, 53 L. J. Q. B. 317 ; 50 L. T. 381 ; 
 and see James v. Whitbread, 11 0. B. 406 ; 20 L. J. 0. P. 217. 
 As to new trial, see P. S. C. 1883, Ord. XXXIX., as also 
 Ord. XL. r. 10, ante, p. 387. Application for a new trial of an 
 interpleader issue must be made to a Divisional Court. Robinson 
 v. Tucker, code. But the fact of the judge having directed the 
 wrong party to begin at Nisi Prius is not a ground for new trial 
 unless it also appears that a substantial injury has been thereby 
 done. Moreover, if in the case of an issue directed to inform 
 the conscience of the Court, the Court are satisfied with the 
 result, they will not grant a new trial, although the judge who 
 tried the cause may have directed the wrong party to begin. 
 Edwards v. Matthews, 4 D. & L. 721. 
 
 Referring to Ord. XL. r. 10, such rule applies as well to 
 proceedings in interpleader as to ordinary actions, although the 
 old practice in interpleader is preserved by Ord. I. r. 2. There- 
 fore, on a rule for a new trial of an interpleader issue, the Court 
 has jurisdiction to direct judgment to be entered instead of 
 ordering a new trial. Williams v. Mercier, (C. A.) 9 Q. B. D. 
 337; 51 L. J. Q. B. 594; and see judgments of Jessel, M.R., 
 and Lindley, J., therein.
 
 PROCEDURE. 
 
 Appeal. 
 
 395 
 
 By sect. 17 of the Common Law Procedure Act, 1860 (23 & In what 
 
 C3.SGS JlPPCJll 
 
 24 Yict. c. 126), which is the only unrepealed and still applic- aliowed in 
 able section of that statute relating to interpleader, "the j^SJJgS 
 judgment in any such action or issue as may be directed by and pro- 
 the Court or a judge in any interpleader proceedings and the 
 decision of the Court or judge in a summary manner shall be 
 final and conclusive against the parties and all persons claiming 
 by from or under them." See also Dodds v. Shepherd, 1 Ex. D. 
 75. But it was held, in Witt v. Parker, (C. A.) 46 L. J. Q. B. 
 450; 36 L. T. 538, that an appeal will lie to the Court of 
 Appeal from a judgment on the trial of an interpleader issue, 
 notwithstanding sect. 17 of the Common Law Procedure Act, 
 1860, and Ord. I. r. 2 of the Judicature Act, 1875 ; and by Smith 
 v. Barlow, (C. A.) 26 Ch. D. 605 ; 53 L. J. Ch. 696, that such 
 section did not make a summary decision under the Act final 
 against the sheriff, and that he could appeal without leave. 
 See also We&terman v. Bees, W. N. (1883) 228. And a person, 
 against whom an order is made on his default in appearing, may 
 appeal from the order on its merits. Ex parte Streeter, In re 
 Morris, (C. A.) 19 Ch. D. 216; 45 L. T. 634 (Dodds v. Shep- 
 herd, ante, considered). 
 
 By the E. S. C, 1883, Ord. LYII. r. 11, " Except where 
 otherwise provided by statute, the judgment in any action or on 
 any issue ordered to be tried or stated in an interpleader pro- 
 ceeding, and the decision of the Court or a judge in a summary 
 way, under Rule 8 of this order, shall be final and conclusive 
 against the claimants, and all persons claiming under them, 
 unless by special leave of the Court or judge, as the case may 
 be, or of the Court of Appeal." And see on this rule, Webb v. 
 Shaw, 16 Q. B. D. 658 ; 55 L. J. Q. B. 249 ; and as to decision 
 of master, see Bryant v. Reading, 17 Q,. B. D. 128 ; 55 L. J. 
 Q. B. 253 ; Clench v. Booley, 56 L. T. 122 ; Waterhouse v. 
 Gilbert, 15 Q. B. D. 569 ; 54 L. J. Q. B. 440 ; and Westerman 
 v. Bees, W. N. (1883) 228. 
 
 "When in an interpleader issue, it is desired to appeal from 
 the final judgment of the judge, leave must be obtained and 
 that appeal lies to the Court of Appeal. If it is desired both to 
 move for a new trial and to appeal from the final judgment of 
 the judge, then by Ord. XL. r. 5, both applications must be 
 made in interpleader, as in other cases, in the first instance to a
 
 396 TNTEKPLEADEE. 
 
 Divisional Court, from the judgment of which Court an appeal 
 lies to the Court of Appeal. Robinson v. Tucker, 14 Q. B. D. 
 371 ; 53 L. J. Q. B. 317; 50 L. T. 381 ; {Burstall v. Bryant, 
 12 Q. B. D. 103, overruled). Where after verdict the judge 
 enters judgment no appeal lies without leave. Field v. Rering- 
 ton, 5 T. L. E. 642. By Ord. XL. r. 5, "An application under 
 rules 3 and 4 of this order shall he to the Court of Appeal." 
 
 Where it is sought to impeach the judgment of a judge on 
 the trial of an interpleader issue w T ith respect only to the finding 
 of the facts or the ruling of the law, and not with respect to the 
 final disposal of the whole matter of the interpleader proceed- 
 ings, an appeal will lie from such judgment under sect. 19. of 
 the Judicature Act, 1873, as it will from any other judgment or 
 order of a judge. Dawson v. Fox, (C. A.) 14 Q. B. D. 377; 54 
 L. J. a. B. 299 ; and see Witt v. Purler, ante. 
 
 When a judge at chambers refers an interpleader summons to 
 the Court, and the Court gives judgment and makes an order 
 thereon without directing an issue, that order is final and no 
 appeal can he brought from that judgment. Turner v. Bridgett, 
 (C. A.) 9 Q. B. D. 55; 51 L. J. Q. B. 377. In view of sect. 20 
 of the Appellate Jurisdiction Act, 1876, and sect. 17 of the 
 Common Law Procedure Act, 1860, even when read with 
 Ord. LYII. r. 11, there is no appeal from the High Court to 
 the Court of Appeal upon a summary disposal of a claim in 
 interpleader under Ord. LYII. r. 8, with or without leave to 
 appeal being given. Waterhouse v. Gilbert, ante (upheld in 
 Bryant v. Beading, ante). 
 
 A summary decision under Order LYII. r. 8 by a judge at 
 chambers on an interpleader summons is final and conclusive, 
 and no appeal lies from such decision, and there is no power to 
 give leave to appeal. Lyon v. Jlon-is, 19 Q. B. D. 139 ; 56 
 L. J. Q, B. 378 ; and see" Evans v. Thomas, W. N. (1887) 231. 
 Moreover, if upon an interpleader summons, where the question 
 is a question of law and there are no facts in dispute, the judge 
 at chambers under Ord. LYII. r. 9 decides the question without 
 directing an issue, his decision is final and conclusive, and there 
 is no power to give leave to appeal. In re Tarn, (C. A.) [1893] 
 2 Ch. 280 ; 62 L. J. Ch. 564 ; 68 L. T. 311. 
 
 The provision in sect. 49 of the Judicature Act, 1873, that no 
 order of the Court or any judge thereof as to costs only shall be 
 subject to any appeal, except by leave, applies to orders made in 
 interpleader proceedings as well as to orders in other proceedings
 
 PROCEDURE. 397 
 
 in the High Court. Hartmont v. Foster, (0. A.) 8 Q. 13. L. 82 ; 
 51 L.J. Q. 15. 12. 
 
 In the case of Hetherington v. Groom, "W. N. (1884) 26, an ex 
 parte application was made to the Court of Appeal for leave to 
 appeal from a decision of Hawkins, J., on an interpleader issue 
 as to the validity of a bill of sale, and it being an application 
 which, according to Ord. LVIII. r. 10, might be made to the 
 Court of Appeal ex parte, the question was whether this should 
 be allowed without previous notice having been given to the 
 opposite party. The Court said that it would not be allowed 
 as a matter of course, still that it was not necessary that notice 
 should be given in every case, and on this case leave was granted 
 after hearing the nature of the case, from which it appeared on 
 the face of the proceedings there was a good objection to the 
 bill of sale. 
 
 By Ord. LVIII. r. 15, "No appeal to the Court of Appeal Time for 
 from an interlocutory order, or from any order, whether final or from inter- 
 interlocutory, in any matter not being an action, shall, except l ocu 1 tor ^ aud 
 by special leave of the Court of Appeal, be brought after the 
 expiration of twenty- one days, and no other appeal shall, except 
 by such leave, be brought after the expiration of one year. The 
 said respective periods shall be calculated, in the case of an 
 appeal from an order in chambers, from the time when such 
 order was pronounced, or when the appellant first had notice 
 thereof, and in all other cases, from the time at which the order 
 or judgment is signed, entered, or otherwise perfected, or, in the 
 case of the refusal of an application, from the date of such 
 refusal. Such deposit or other security for the costs to be 
 occasioned by any appeal shall be made or given as may be 
 directed under special circumstances by the Court of Appeal." 
 An order absolute for a new trial is an interlocutory order, an 
 appeal from which must be brought within twenty-one days 
 from the date thereof under the above rule. Moreover, where 
 a party failed to appeal from such interlocutory order within 
 twenty-one days, under the mistaken belief that such order was 
 final, and that an appeal might be brought at any time within 
 twelve months, it was held, that such mistake was not a cir- 
 cumstance which would justify the Court in enlarging the time 
 for appealing after the expiration of the twenty-one days under 
 Ord. LYII. r. G. Highton v. Treherne, (C. A.) 48 L. J. Ex. 
 1G7 ; 39 L. T. 411. An appeal from the decision of a judge 
 on an interpleader issue, tried by him without a jury, must,
 
 398 
 
 INTERPLEADER. 
 
 under Ord. LVIII. r. 15, be brought within twenty-one days. 
 
 McNair v. Audenshaw Paint Co., [1891] 2 Q. B. 502 ; 60 L. J. 
 
 Q. B. 770. 
 Appeal from As to appeal from the County Court in interpleader pro- 
 in°inter- ° m ceedings, see Collis v. Lewis, 20 Q. B. D. 202 ; 57 L. J. Q. B. 
 pleader pro- I67 . anc [ Thomas v. Kelly. 13 App. Cas. 50G. 
 
 ceedinprs. " 
 
 Forms of Notices, Interpleader Orders, &c. 
 
 1 . Notice of Claim to Goods taken in Execution (Form No. 28, 
 App. B., B. of S. C. 1883). 
 
 Take notice that A. B. has claimed the goods \_or certain goods] 
 [where only certain goods are claimed here enumerate them'] taken in 
 execution by the sheriff of , under the warrant of execution 
 
 issued in this action. You are hereby required to admit or dispute 
 the title of the said A. B. to the said goods and give notice thereof 
 in writing to the said shei'iff within four days from the receipt of 
 this notice, failing which the said sheriff may issue an interpleader 
 summons. If you admit the title of the said A. B. to the said goods 
 and give notice thereof in manner aforesaid to the said sheriff you 
 will only be liable for any fees and expenses incurred prior to the 
 receipt of the notice admitting the claim. 
 
 Dated, &c. 
 
 (Signed) 
 
 To the plaintiff, Sheriff of 
 
 2. Notice of Plaintiff of Admission or Dispute of Title of Claimant 
 (Form No. 29, App. B., E. of S. C. 1883). 
 
 Take notice that I admit [or, dispute] the title of A. B. to the 
 goods [or, to certain of the goods, namely (set them out)] seized by 
 you under the execution issued under the judgment in this action. 
 
 (Signed) Plaintiff 
 or 
 To the sheriff of , ] Solicitor, 
 
 and his officers. j 
 
 In the 
 
 3. Interpleader Affidavit by Bailiff. 
 
 Between 
 
 and 
 
 of 
 
 Plaintiff 
 
 Defendant 
 bailiff to the sheriff of 
 
 I of in the 
 
 make oath and say : — 
 
 1 . That on or about the day of a writ of fieri facias 
 
 in this cause was delivered to the said sheriff for execution indorsed 
 to levy the sum of £ besides &c. returnable immediately after
 
 PROCEDURE. 399 
 
 the execution thereof, and a warrant thereon was granted by the 
 said sheriff to me as bailiff to the said sheriff. 
 
 2. And I further say that on or about the day of I 
 did seize and take in the bailiwick of the said sheriff divers goods 
 and chattels as the property of the said defendant which said goods 
 and chattels are still in my custody and keeping as bailiff to the said 
 sheriff. 
 
 3. And I further say that on or about the day of I 
 was served with a notice signed by claiming the said goods 
 and chattels as the property of 
 
 4. And I further say that this application is made at my own 
 expense and for my own indemnity, and without collusion with the 
 defendant or any other person or persons whomsoever. 
 
 5. And I further say that I am not nor is the said sheriff to my 
 knowledge or belief indemnified by any person or persons whom- 
 soever. 
 
 Sworn at this 
 
 day of 18 
 
 Before me 
 
 4. Interpleader Order {No. 1) (Form No. 50, App. K., R. of S. C, 
 
 1883). 
 
 18 . \Here put the letter and number. ~\ 
 
 In the High Court of Justice, 
 Division. 
 
 in Chambers. 
 Between , Plaintiff, and , Defendant, 
 
 and 
 Between , Claimant, and , Respondent. 
 
 Upon hearing and upon reading the affidavit of , 
 
 filed the day of ,18, and 
 
 It is ordered that the claimant be barred, that no action be 
 brought against the above-named [_shcriff~\, and that the costs of 
 this application be 
 
 Dated the day of ,18. 
 
 5. Interpleader Order {No. la) (Form No. 50a, App. K., E. of S. C. 
 
 1883(c)). 
 
 18. . [Here put the letter and number. ~\ 
 
 In the ITigh Court of Justice, 
 Queen's Bench Division 
 
 Master . Master in Chambers. 
 
 Between Plaintiff, 
 
 and 
 
 Defendant, 
 Claimant. 
 Upon hearing the solicitors for the plaintiff, the claimant, and the 
 sheriff of , and reading the affidavit of 
 
 It is ordered that the sheriff withdraw from possession of the 
 
 (e) An additional form prescribed by the masters for official use under 
 Ord. LXI. r. 33.
 
 400 INTERPLEADER. 
 
 goods seized by him, under the writ of fieri facias herein and 
 claimed by the claimant, that no action be brought, 
 
 And that the pay to the the costs of the interpleader 
 
 to be taxed, and possession money to the sheriff. 
 
 Dated the day of ,18. 
 
 6. Interpleader Order (No. 2) (Form No. 51, App. K., E. of S. 0. 
 
 1883). 
 
 18 . \_Here put the letter and number. ,] 
 In the High Court of Justice, 
 Division. 
 
 in Chambers. 
 Between , Plaintiff, and , Defendant, 
 
 and 
 
 , Claimant. 
 Upon hearing and upon reading the affidavit of , 
 
 filed the day of , 18 , and 
 
 It is ordered that the above-named claimant be substituted as 
 defendant in this action in lieu of the present defendant, and that 
 the costs of this application be 
 
 Dated the day of ,18. 
 
 7. Interpleader Order (No. 3) (Form No. 52, App. K., E. of S. C. 
 
 1883.) 
 
 18 . \_Here put the letter and number. .] 
 In the High Court of Justice, 
 Division, 
 
 in Chambers. 
 Between , Plaintiff, and , Defendant, 
 
 and 
 Between , Claimant, and the said , execution cre- 
 
 ditor, and , the sheriff of , Eespondents. 
 
 Upon hearing and upon reading the affidavit of , 
 
 filed the day of , 18 , and 
 
 It is ordered that the said sheriff proceed to sell the goods seized 
 by him under the writ of fieri facias issued herein and claimed by 
 the claimant (f), and pay the net proceeds of the sale after deducting 
 the expenses thereof, into Court in this cause, to abide further order 
 herein. 
 
 And it is further ordered that the parties proceed to the trial of 
 an issue in the High Court of Justice, in which the said claimant 
 shall be the plaintiff and the said execution creditor shall be the 
 defendant, and that the question to be tried shall be whether at the 
 time of the seizure by the sheriff the said(f) goods seized were the 
 property of the claimant as against the execution creditor. 
 
 And it is further ordered that this issue be prepared and delivered 
 by the plaintiff therein within from this date, and be returned 
 
 by the defendant therein within days, and be tried at 
 
 (/) These words have been added under Ord. LXI. r. 33.
 
 PROCEDURE. 401 
 
 And it is further ordered that the question of costs and all further 
 questions be reserved until the trial of the said issue, and that no 
 action shall be brought against the said sheriff for the seizure of 
 the said goods. 
 
 Dated the day of ,18. 
 
 8. Interpleader Order (No. 4) (Form No. 53, App. K., R. of S. C. 
 
 1883.) 
 
 [Heading as in Form 7.] 
 
 Upon hearing, &c. 
 
 It is ordered that upon payment of the sum of £ into Court 
 
 by the said claimant within from this date, or upon his giving 
 
 within the same time security to the satisfaction of the master [or 
 as the case may be~\ for the payment of the same amount by the said 
 claimant according to the directions of any order to be made herein, 
 and upon payment to the above-named sheriff of the possession- 
 money from this date, the said sheriff do withdraw from the posses- 
 sion of the goods seized by him under the writ of fieri facias herein 
 and claimed by the claimants (g). 
 
 And it is further ordered that unless such payment be made or 
 security given within the time aforesaid the said sheriff proceed to 
 sell the said goods, and pay the proceeds of the sale, after deducting 
 the expenses thereof and the possession money from this date, into 
 Court in the cause, to abide further order herein. 
 
 And it is further ordered that the parties proceed, &c. 
 
 And it is further ordered that this issue, &c. 
 
 And it is further ordered that the question of costs, &c. 
 
 Dated the day of ,18. 
 
 9. Interpleader Order (No. 5) (Form No. 54, App. K., E. of S. C. 
 
 1883). 
 
 [Heading as in Form 7.] 
 
 Upon hearing, &c. 
 
 It is ordered that upon payment of the sum of £ into Court 
 
 by the said claimant, or upon his giving security to the satisfaction 
 of the master [or as the case may be~] for the payment of the same 
 amount by the claimant according to the directions of any order to 
 be made herein, the above-named sheriff withdraw from the posses- 
 sion of the goods seized by him under the writ of fieri facias issued 
 herein. 
 
 And it is further ordered that in the meantime, and until such 
 payment made or security given, the sheriff continue in possession 
 of the goods, and the claimant pay possession-money for the time 
 he so continues, unless the claimant desire the goods to be sold by 
 the sheriff, in which case the sheriff is to sell them and pay the 
 proceeds of tho sale, after deducting the expenses thereof and the 
 
 (g) Theso words have been added under Ord. LXI. r. 33. 
 m. n d
 
 402 INTERPLEADER. 
 
 possession-money from this date, into Court in this cause, to abide 
 further order herein. 
 
 And it is further ordered that the parties proceed, &c. 
 
 And it is further ordered that this issue, &c. 
 
 And it is further ordered that the question of costs, &c. 
 
 Dated the day of ,18. 
 
 10. Interpleader Order (No. 6) (Form No. 55, App. K, E. of S. C. 
 
 1883). 
 [Heading as in Form 7.] 
 
 The claimant and the execution creditor having requested and 
 consented that the merits of the claim made by the claimant be 
 disposed of and determined in a summary manner, now upon hear- 
 ing , and upon reading the affidavit of , filed the 
 day of , 18 , and 
 
 It is ordered that 
 
 And that the costs of this application be 
 
 Dated the day of ,18. 
 
 11. Interpleader Order (No. 7) (Form No. 56, App. K., E. of S. 0., 
 
 1883). 
 [Heading as in Form 7.] 
 
 Upon hearing and upon reading the affidavit of , filed 
 
 the day of , 18 , and 
 
 It is ordered that the above-named sheriff proceed to sell enough 
 of the goods seized under the writ of fieri facias issued in this action 
 to satisfy the expenses of the said sale, the rent (if any) due, the 
 claim of the claimant, and this execution. 
 
 And it is further ordered that out of the proceeds of the said sale 
 (after deducting the expenses thereof, and the rent, if any), the said 
 sheriff pay to the claimant the amount of his said claim, and to the 
 execution creditor the amount of his execution, and the residue, if 
 any, to the defendant. 
 
 And it is further ordered that no action be brought against the 
 said sheriff, and that the costs of this application be 
 
 Dated the day of ,18. 
 
 12. Interpleader Order (No. 8) (Form No. 56a, App. K, E. of S. C, 
 
 1883(A)). 
 
 [Heading as in Form 5.] 
 
 Upon hearing the solicitors for the plaintiff, the claimant, and 
 the sheriff of , and upon reading the affidavit of 
 
 It is ordered that upon payment of the sum of £ and 
 
 (h) This additional form has been prescribed by the masters under 
 Orel. LXI. r. 33, for use under the power, given by the Supreme Court 
 of Judicature Act, 1884 (47 & 48 Vict. c. 61), sect. 17, to the Court or a 
 judgo to transfer interpleader proceedings to the County Court.
 
 PROCEDURE. 403 
 
 possession money from the date of this order to the said sheriff by 
 the said claimant within seven days from this date the said sheriff 
 do withdraw from the possession of the goods seized by him under 
 the writ of fieri facias herein and claimed by the claimant. 
 
 And it is further ordered that unless such payment be made 
 within the time aforesaid the said sheriff proceed to sell the 
 said goods and retain the proceeds of the sale, after deducting 
 the expenses thereof and tho possession money from this date. 
 
 And it is further ordered that the said sum of £ , or the 
 
 proceeds of the said sale (as the case may be) do abide the order of 
 the judge of the County Court to whom the interpleader proceedings 
 herein are hereinafter ordered to be transferred. 
 
 And it is further ordered that the interpleader proceedings herein 
 be transferred to the County Court of , holden at 
 
 And it is further ordered that the costs of this application be 
 costs in the interpleader proceedings, and that no action be brought 
 against tho said sheriff for the seizure of the said goods. 
 
 Dated the day of ,18. 
 
 dd2
 
 404 
 
 Chapter XXVII. 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 PAGE 
 
 I. Writ of Inquiry {Assessment of Damages) - 404 
 
 Introductory ------- 404 
 
 Forms of Writ 405 
 
 Holding Courts 407 
 
 Summoning Jury ------- 408 
 
 Inquiry 410 
 
 Return 416 
 
 Form of Inquisition 417 
 
 Sheriff's Liability 417 
 
 Subsequent Proceedings ------ 417 
 
 Fees 418 
 
 II. Compensation Court __-.__ 418 
 
 Introductory _______ 418 
 
 Warrant to Summon Jury and Hold Inquiry - - 427 
 Summoning Jury - ______ 429 
 
 Inquiry and Verdict ------ 432 
 
 Form of Inquisition, Verdict, and Judgment - - 438 
 
 Fees - - - 439 
 
 III. Inquiry under Lunacy Commission - 439 
 
 IV. Inquiry under Commission of Sewers - 439 
 
 I. Writ of Inquiry (Assessment of Damages). 
 
 Introductory. 
 
 Issue and This writ is issued (a) to inquire into the truth of breaches 
 delivery of suggested after judgment in default of appearance and to assess 
 damages (8 & 9 Will. 3, c. 8 ; 3 & 4 Will. 4, c. 42, s. 1G), (b) to 
 assess the value of goods and damages on interlocutory judg- 
 ment in default of appearance in detinue (R. of S. C. 1883, 
 Ord. XIII., rr. 5, G, and Ord. XXXVI., r. 57 {a)), and (c) for 
 
 («) This rule is, along with tho other rules relating to Writ of Inquiry, 
 set out under the titlo " General Practice," ante, p. 21.
 
 WRIT OF INQUIRY ('. [ENT OF DAMAGES). 405 
 
 assessment of damages generally. It is directed to the sheriff 
 of the county where the action would have been tried. See the 
 Annual Practice, 1894, p. 712. As to the issue of this writ, &c., 
 see Chitty Arch., 14th ed., pp. 1332, 1333. It should be 
 delivered at the office of the sheriff, or his deputy (or of the 
 secondary of the City of London, if the writ has to be executed 
 there), not later than two days before if to be executed in the 
 country, or not later than one day before if to be executed in 
 London or Middlesex. 
 
 As to notice of inquiry, see Tate v. Swaine, Barnes, 233 ; Notice of 
 Watson v. Beleroix, 2 C. & M. 425 ; 2 D. P. C. 396 ; Stevens v. inquiry - 
 Pell, 2 C. & XL 421 ; 2 D. P. C. 355 ; Jones v. Chune, 1 B. & P. 
 363 ; and Viner v. Clarice, 1 Anst, 175. Where a defendant 
 is under terms to take short notice of trial, he is not bound to 
 take short notice of inquiry. Stevens v. Pell, ante. 
 
 By Ord. XXXVI. , r. 56 (a) the provisions of (inter alia) Notice and 
 rules 14, 15, and 19 of that Order shall, with the necessary trial 7 &c. 
 modifications, apply to an inquiry pursuant to a writ of inquiry. 
 Pule 14 provides for length of notice of trial, rule 15 for entry 
 of trial, and rule 19 for countermanding notice. 
 
 Forms of Writ. 
 
 1. Writ of Inquiry to be executed before the Sheriff on a Judgment by 
 Default of Appearance when the Breaches have been suggested 
 after Judgment. 
 
 18 . \_IIere put the letter and number]. 
 
 In the High Court of Justice. 
 Division. 
 Between A. B. - - - - Plaintiff, 
 and 
 CD. - - - - Defendant. 
 Victoria, by the grace of God, &c. To the sheriff of 
 greeting : Whereas lately before Us in the Division of Our 
 
 High Court of Justice in an action there depending wherein A. B. 
 was plaintiff and C. D. defendant the said A. B. claimed [set out the 
 claim as in the indorsement on the writ]. 
 
 And such proceedings were thereupon had in Our said Court that 
 the said A. B. ought to recover against the said C. D. his debt 
 aforesaid together with his damages which he had sustained on 
 occasion of the detention thereof. And thereupon the said A. B. 
 
 (a) This rule is, along with the other rules relating to Writ of Inquiry, 
 set out under tho titlo " Geueral Practice," ante, p. 21.
 
 406 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 according to the statute in such case made and provided suggested 
 upon the roll whereon the said judgment so recovered against the 
 said C. D. as aforesaid is entered, to the effect following, to wit, 
 that the said bond, whereon the said judgment was so recovered 
 against the said C. D. as aforesaid, was made subject to a condition 
 thereunder written, whereby after reciting [Sfc, slate the recital, if 
 any] it was declared that if [<$fc, state the condition in the past 
 tense']. And the said A. B. further suggested on the said roll 
 whereon the said judgment so recovered against the said C. D. was 
 and is so entered as aforesaid that [Sfc, state the suggestion of 
 breaches, Sfc, and then proceed thus'] as We have received informa- 
 tion from the said A. B. in Our said Court. And the said A. B. 
 having prayed Our writ to inquire of the truth of the aforesaid 
 breaches and to assess the damages which he the said A. B. has 
 sustained thereby : therefore according to the statutes in such case 
 made and provided, We command you the said sheriff by the oath 
 of twelve good and lawful men of your bailiwick duly summoned 
 to appear before you, you diligently inquire of the truth of the said 
 breach [or breaches] and assess the damages which the said A. B. 
 hath sustained by reason of the same, and that you send to Us 
 in the Queen's Bench Division of Our High Court of Justice at 
 Westminster, on , the inquisition which you shall thereupon 
 
 take under your seal and the seals of those by whose oath you shall 
 take that inquisition, together with this writ. 
 
 Witness, &c. 
 
 2. Writ of Inquiry in Detinue. 
 [Heading as in No. 1.] 
 
 Victokia, by the grace of God, &c, To the sheriff of 
 greeting : Whereas A. B. lately in the Division of Our High 
 
 Court of Justice in a certain action there pending, wherein A. B. is 
 plaintiff and C. D. is defendant and wherein the plaintiff's claim is 
 for a return of [household furniture, or as in ivrit] or their value 
 and damages for their detention by a judgment of Our said Court 
 bearing date the clay of 18 , it was adjudged that the 
 
 said A. B. should recover against the said C. D. the said [household 
 furniture] or their value, and also damages for the detention thereof. 
 But because it is unknown to Our said Court what is the value of 
 the said [household furniture] and what damage the said A. B. 
 hath sustained by reason of the detention thereof, therefore We 
 command you that by the oath of twelve good and lawful men of 
 your bailiwick you diligently inquire what is the value of the said 
 [household furniture] and what damage the said A. B. hath sus- 
 tained by reason of the detention thereof, and that you send to Us 
 in the Division of Our High Court of Justice on the 
 
 day of next ensuing the inquisition which you shall thereupon 
 
 tako under your seal and the seal of those by whose oath you shall 
 take that inquisition together with this writ. 
 
 Witness [name of Lord Chancellor]. 
 
 Lord High Chancellor of Great Britain 
 at Westminster the day of 
 
 in the year of our Lord 1 8 .
 
 WRIT OF INQUIRY (ASSESSMENT OF DAMAGES). 407 
 
 3. Writ of Inquiry for Assessment of Damages (Form No. 8, 
 App. J., B. of S. 0. 1883). 
 
 [Heading as in No. 1.] 
 Victoria, by the grace of God, &c, to the Sheriff of greeting: 
 
 "Whereas it has been adjudged that the plaintiff recover against 
 the defendant damages to be assessed. 
 
 Therefore We command you, that by the oaths of twelve good 
 and lawful men of your bailiwick you inquire what damages the 
 plaintiff is entitled to recover under the said judgment, and that 
 forthwith thereafter you send the inquisition which you shall take 
 thereupon to Our said Court under your seal, and the seals of those 
 by whose oaths you take the inquisition, together with this writ. 
 
 Witness, &c. 
 
 This writ was issued by, &c. 
 
 The defendant is a , and resides at , in your 
 
 bailiwick. 
 
 Holding Courts. 
 
 By the Sheriffs Act, 1887 (50 & 51 Vict, c. 55), sect, 18, sub- When sheriff 
 sect. 1, "A sheriff shall not be bound to hold a County Court c 0U n t y Court. 
 except where the holding of such Court is required for the 
 purpose of an election or of the due execution of some writ or 
 for any other specific purpose, in which case he shall hold a 
 Court at the time fixed for such purpose by law or by such writ, 
 or if no time is so fixed, as soon as is reasonably practicable after 
 he is informed of the necessity for holding such Court, or receives 
 such writ, and where more than one Court is required to be held 
 for any such purpose, he shall hold Courts at intervals not exceed- 
 ing one month from each other" (?>). 
 
 By sub-sect. 2, " A sheriff's County Court shall be held at At what place 
 - , - „ . , ;i • -i i i l \ to be held, 
 
 the place heretofore appointed or authorized by law, or at such 
 
 other place as the sheriff may from time to time fix." 
 
 By sub- sect, 3, " A sheriff shall not hold pleas of the Crown, Sheriff not to 
 
 and shall not under any commission or writ take any inquest t i° e Crown ° 
 
 whereby any person is indicted." &c - 
 
 By sub-sect. 4, " The sheriff's tourn is hereby abolished." Sheriff's tourn 
 
 By sect. 38 of the Sheriffs Act, 1887, the expression " writ " !* . e ' 
 
 . ....,, Meaning of 
 
 used in that Act, unless the context otherwise requires, includes expression 
 
 "writ." 
 any process. 
 
 (b) The Under Sheriff of tho County of London holds courts for inquiries 
 on specified days.
 
 408 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 Summoning 
 of jury. 
 
 Form of 
 summons. 
 
 Summoning Jury. 
 
 The sheriff must forthwith summon a jury of twelve men for 
 an inquiry, and from the ordinary jury book (except in the case 
 of cities, boroughs, &c, as to which see post). An order of 
 Court is necessary for a special jury. Price v. Williams, 5 
 D. P. C. 160. The number of jurymen at the trial may, it 
 seems, exceed twelve. The following is a form of summons to a 
 jury on a writ of inquiry : — 
 
 Jury Summons. 
 
 to wit. i 
 
 By Virtue of a Writ of issued out of the Queen's Bench 
 
 Division of Her Majesty's High Court of Justice, I hereby summon 
 and require you to attend at at in the county of 
 
 on the day of at of the clock in the 
 
 precisely, then and there to serve as a juror in the above action. 
 
 Given under my hand and seal of office, this day of 
 
 one thousand eiffht hundred and 
 
 Qualification 
 of jurors on 
 writs of 
 inquiry. 
 
 Sheriff to 
 fine jurors 
 for non- 
 attendance. 
 
 With regard to the jurors on any inquiry before a sheriff, by 
 sect. 52 of the Juries Act, 1825 (6 Geo. 4, c. 50), "No man 
 shall be liable to be summoned or impanelled to serve as a 
 juror in any county in England or Wales, or in London, upon 
 any inquest or inquiry to be taken or made by or before any 
 sheriff by virtue of any writ of inquiry, who shall not be duly 
 qualified according to this Act to serve as a juror upon trials at 
 Nisi Priits in such county in England or Wales, or in London, 
 respectively : Provided always, that nothing herein contained 
 shall extend to any inquest or inquiry to be taken or made 
 [inter alia'] by or before any sheriff of any liberty, franchise, 
 city, borough or town corporate not being counties, or of any 
 city, borough or town being respectively counties of themselves, 
 but that the sheriffs in all such places as are herein mentioned, 
 shall and may respectively take and make all inquests and 
 inquiries by jurors of the same description as they have been 
 used and accustomed to do before the passing of this Act." 
 
 l>y sect. 53 of the same Act, " If any man having been duly 
 summoned and returned to serve as a juror in any county in 
 England or Wales, or in London upon any inquiry before any 
 sheriff shall not, after being openly called three times, appear 
 and serve as such juror, every such sheriff, or in his absence the 
 undursheriff or secondary, is hereby authorized and required
 
 WRIT OF INQUIRY (ASSESSMENT OF DAMAGES). 409 
 
 (unless some reasonable excuse shall be proved on oath or 
 affidavit) to impose such fine upon every man so making 
 default as he shall think fit, not exceeding five pounds ; and 
 every such sheriff, undersheriff and secondary respectively, shall 
 make out and sign a certificate, containing the christian and 
 surname, the residence and trade or calling of every man so 
 making default, together with the amount of the fine imposed 
 and the cause of such fine, and shall transmit such certificate to 
 the clerk of the peace for the county, riding or division in which 
 every such defaulter shall reside, on or before the first day of 
 the quarter sessions next ensuing ; and the same shall be estreated, 
 levied, and applied in like manner, and subject to the like powers, 
 provisions and penalties in all respects as if they had been part 
 of the fines imposed at such quarter sessions." 
 
 Subject as above, the statutory provisions, &c. relative to Exemption 
 exemption from serving on juries, and the summoning and gumnwnin^' 
 payment, &c. of jurors at JYisi Prius trials (c) generally apply payment, &c. 
 mutatis mutandis to inquests or inquiries before a sheriff ; and 
 see, in particular, on this point the Juries Act, 1825 (6 Geo. 4, 
 c. 50), sects. 1 (d), 11, 12, 25(e), 31, 38, 50, 51 and 52; the 
 Juries Act, 1862 (25 & 26 Vict. c. 107), sects. 11 and 12; the 
 Juries Act, 1870 (33 & 34 Yict. c. 77), sects. 6, 8, 9 (/), 10, 14, 
 16, 19, 20 and 21 ; the Crown Office Eules, 1886, r. 158 ; the 
 Sheriffs Act, 1887 (50 & 51 Vict. c. 55), sect. 12; and the 
 Inland Revenue Regulation Act, 1890 (53 & 54 Vict. c. 21), 
 sects. 8 and 29. 
 
 With regard to the jurors' fees on an inquiry before a sheriff, Jurors' fees 
 see Vickci'i/ v. London, Brighton and South Coast Rail. Co., L. R. °» inquiry. 
 5 C. P. 165 ; 39 L. J. C. P. 169. Such fees are not returnable 
 in the event of the case going off. In Middlesex and London 
 common jurors on inquiries are only paid fourpence each. 
 
 Jurors on an inquiry cannot, it seems, be challenged. No challenge 
 
 on inquiry. 
 
 (c) As to which., see under title "Assizes and Sessions," post, pp. 452 
 (t sea. 
 
 (a) So far as unrepealed by the Statute Law Eevision Act, 1890 (53 & 54 
 Vict. c. 33), and by the Juries Act, 1870 (33 & 34 Vict. c. 77). 
 
 (e) So far as unrepealed by the Statute Law Eevision (Xo. 2) Act, 1888 
 (51 & 52 Vict. c. 57). 
 
 (/) So far as unrepealed by the Statute Law Eevision (Xo. 2) Act, 
 1893 (56 & 57 Vict. c. 54).
 
 410 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 Appointment 
 of deputy by 
 sheriff. 
 
 Form of 
 appointment 
 of deputy. 
 
 Inquiry. 
 
 "Whilst the inquiry is generally held before the undersheriff, 
 the sheriff may appoint a deputy, although one deputy only, to 
 take the inquisition {Wallace v. Humes, Barnes, 231); but it 
 seems that it is irregular to appoint anyone except the under- 
 sheriff when he resides in the town. The undersheriff cannot, 
 however, depute the execution of this writ to a deputy appointed 
 by him. Denny v. Trapnell, 2 Wils. 378. In London the 
 secondary is the deputy. 
 
 The following is a form of appointment by a sheriff of a 
 deputy to take an inquisition : — 
 
 Deputation to take an Inquisition. 
 
 County of (to wit) esquire, sheriff of the county 
 
 aforesaid, to gentleman, greeting : By virtue of a writ of 
 
 inquiry issued out of the Division of Her Majesty's High. 
 
 Court of Justice to me directed I do hereby authorize and empower 
 you to summon a jury, and take an inquisition in my name, in a 
 cause wherein is plaintiff and is the defendant, and 
 
 render me an account of what you shall do therein, so that I may 
 certify the same to the said Court on the day of next 
 
 coming ; hereof fail not. Given under the seal of my office the 
 day of , 18 . 
 
 (Seal of office.) 
 
 By the sheriff. 
 
 Entry of 
 liberties and 
 franchises 
 by sheriff. 
 
 Time and 
 place for 
 holding 
 inquiry. 
 
 Notice as to 
 time of 
 inquiry. 
 
 The sheriff must at once enter all liberties or franchises for 
 the execution of this writ. It is, however, unnecessary to issue 
 a warrant to the bailiff for its execution. 
 
 Subject to any special directions in the writ as to any fixed 
 time and place for holding the inquisition, &c, it may be taken 
 at any time up to and inclusive of the whole of the return day. 
 BugbircVs Case, Cro. Eliz. 180 ; and see Maud v. Barnard, 2 Burr. 
 812. The Court will, moreover, take it that the inquisition 
 under a writ of inquiry was taken on the day before the writ 
 was returned, which (to quote the judgment) is well enough, 
 for it might be executed on that day, and might have been 
 executed before the writ was returned. Dyke v. Blakston, 2 Ld. 
 Eaym. 1449 ; Eoll. Abr., Process (G) 5 ; and as to the time and 
 place for holding an inquiry, see further the Sheriffs Act, 1887, 
 s. 18, sub-ss. 1 and 2, ante, p. 407. 
 
 It is usual to specify in the notice one or more hours in which 
 the inquiry will be held, e.g., between the hours of 10 and 12 in 
 the morning. The defendant should attend punctually at the
 
 WKIT OP INQUIRY (ASSESSMENT OF DAMAGES). 411 
 
 time mentioned in the notice. Beetknife v. Packington, 1 Barn. 
 233. On notice to execute a writ of inquiry at a certain hour, 
 the party is not tied down to the exact time fixed by the notice. 
 Williams v. Frith, 1 Doug. 198. Per Lord Mansfield : " When 
 notice is given for the execution of a writ of inquiry at a certain 
 hour, it is never understood that the time is to be scrupulously 
 adhered to. The sheriff may have prior business which may 
 last beyond the hour." But, according to 14th ed. Chitty Arch., 
 p. 1336, if the plaintiff in the absence of the defendant have the 
 writ executed at a different time or place from that specified in 
 the notice, it will be irregular, and the Court upon application 
 can set it aside. 
 
 It is sufficient notice of a plaintiff's intention to appear by Notice of 
 counsel before the sheriff on the execution of a writ of inquiry mtentl0n to 
 that the plaintiff's solicitor informs the defendant's solicitor of counsel, 
 such intention, and where no such intimation has been given, 
 the defendant should apply to the sheriff to put off the execution 
 of the writ. Elliott v. Nicklin, 5 Price, 641. 
 
 In executing an inquiry the undersheriff, and not his deputy, Swearing and 
 should administer the oath to the jury. Bex v. Far rant, 1 Chitt. ? har g ln g 
 
 j j ■> lury. 
 
 745 ; S. C. now., Bex v. Ferrand, 3 B. & A. 260. The follow- 
 ing are the forms in which a jury is sworn and charged in an 
 inquiry : — 
 
 Juror's Oath. 
 
 You shall well and truly try all such matters and things as shall 
 be given you in charge touching this writ of inquiry and a true 
 verdict give according to the evidence. So help you God. 
 
 Charge to the Jury. 
 
 Your charge is to inquire what damages the plaintiff is entitled 
 to recover under the judgment obtained by him in this action. 
 
 By the R. of S. C. 1883, Ord. XXXYI. r. 56, the provisions Application 
 of {inter alia) Rules 34, 35, 36, and 37 of that Order shall, with of "S to 
 
 , . . . . wn t of 
 
 the necessary modifications, apply to an inquiry pursuant to a inquiry. 
 
 writ of inquiry. These rules are as follows : — 
 
 Rule 34. " The judge may, if he think it expedient for the Adjournment 
 interests of justice, postpone or adjourn a trial for such time, ° na ' 
 and to such place, and upon such terms, if any, as he shall think 
 fit." 
 
 Rule 35. " Where a party is brought up to attend the trial or Habeas corpus 
 hearing of a cause or matter by virtue of any writ of habeas larty^f Up 
 corpus duly issued from the central office, and by reason of the attend trial.
 
 412 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 Addresses to 
 jury at trial. 
 
 Evidence in 
 mitigation of 
 damages in 
 action for libel 
 or slander. 
 
 Evidence in 
 assessment of 
 damages. 
 
 pressure of other business, or from any other cause, the trial or 
 hearing of the cause or matter in which such party is concerned 
 is postponed to a future day, a new writ of habeas corpus may he 
 issued for such future day, if the Court or a judge shall so 
 direct, without payment of any fee." 
 
 Rule 36. " Upon a trial with a jury, the addresses to the jury 
 shall be regulated as follows : the party who begins, or his 
 counsel, shall be allowed at the close of his case, if his opponent 
 does not announce any intention to adduce evidence, to address 
 the jury a second time for the purpose of summing up the 
 evidence, and the opposite party, or his counsel, shall be allowed 
 to open his case, and also to sum up the evidence, if any, and 
 the right to reply shall be the same as heretofore." 
 
 Rule 37. " In actions for libel or slander, in which the defen- 
 dant does not by his defence assert the truth of the statement 
 complained of, the defendant shall not be entitled on the trial to 
 give evidence in chief, with a view to mitigation of damages, as 
 to the circumstances under which the libel or slander was 
 published, or as to the character of the plaintiff, without the 
 leave of the judge, unless seven days at least before the trial he 
 furnishes particulars to the plaintiff of the matters as to which 
 he intends to give evidence " (g). 
 
 Where under the writ of inquiry defendant's plea only 
 involves an admission of plaintiff's right to recover, the defen- 
 dant cannot adduce, in mitigation of damages, evidence of facts 
 as to the merits, or which, in other words, would be a bar to 
 the action. Speck v. Phillips, 5 M. & W. 279. And see 
 Ord. XXXVI. r. 37, supra, as to evidence in mitigation of 
 damages in actions for libel or slander. 
 
 It would appear that, notwithstanding his not adducing 
 evidence in support, the plaintiff is, in any event, entitled to 
 nominal damages. In an action for slander the defendant 
 suffered judgment by default, and on the execution of the writ 
 of inquiry the plaintiff produced no evidence and the jury 
 assessed the damages at 40/. It was held, first, that the plain- 
 tiff was not bound to produce any evidence, and, secondly, that 
 the jury were not bound to give nominal damages only. Tripp 
 v. Thomas, 5 D. & R. 276 ; 3 B. & C. 427. In an action for 
 words not actionable per so, but constituting an untrue statement 
 
 (</) And see as to particulars on inquiry as to damages, Maxim' 
 N0rde7ifeh.lt & Co. v. Nordenfeldt, W. N. (1893) 9o, 112.
 
 WRIT OF INQUIRY (ASSESSMENT OF DAMAGES). 413 
 
 maliciously published, which statement is intended or reasonably 
 likely to produce, and in the ordinary course of things does pro- 
 duce, a general loss of business as distinct from the loss of 
 particular known customers, evidence of such general loss of 
 business is admissible and sufficient to maintain the action. 
 Batcliffe v. Evans, [1892] 2 Q. B. 524 ; 61 L. J. Q. B. 535. 
 
 In an action on a bond for the performance of covenants in a 
 lease, judgment and suggestion of damages to be assessed on 
 the writ of inquiry, the lease need not be proved. Col/ins v. 
 Rybot, 1 Esp. 157. In an action on a policy on a foreign ship, 
 where there is a stipulation that the policy shall be a sufficient 
 proof of interest, if there is judgment by default, the plaintiff 
 on the writ of inquiry need only prove the defendant's subscrip- 
 tion to the policy, without giving any evidence of interest. 
 Thelluson v. Fletcher, 1 Doug. 315 ; 1 Esp. 73. Upon a judg- 
 ment by default, or on demurrer, the contract or contracts are 
 admitted as stated in the declaration, and evidence to contradict 
 them ought not to be admitted. Stevens v. Pelt, 2 C. & M. 
 421 ; 2 D. P. C. 355. At the execution of a writ of inquiry 
 after judgment on demurrer, it is not competent to the defendant 
 to controvert anything but the amount of the sum in demand. 
 De Gaillon v. L'Aigle, 1 Bos. & Pul. 368. When a plaintiff in 
 an action upon a bill of exchange has obtained judgment on 
 demurrer to a plea, he may, on execution of a writ of inquiry, 
 recover the amount of the bill without producing it in Court. 
 Lane v. Mullins, 2 Q,. B. 254. 
 
 The regulations respecting the admission of documents in 
 evidence are, it seems, applicable to writs of inquiry. 
 
 And see generally as to evidence and assessment of damages 
 upon a writ of inquiry, Mayne on Damages, 4th ed., pp. 530 — 
 532, as also the following subsequently reported cases as to 
 damages in the indicated subjects, viz. : — Hiring contract 
 Macdonnel v. Marston, 1 C. & E. 281 ; Warranty of authority 
 Ex parte Panmure, In re National Coffee Palace Co., 24 Ch. D 
 367 ; 53 L. J. Ch. 57 ; and Meek v. Wendt, 21 Q. B. D. 126 
 59 L. T. 558 ; affirmed by the Court of Appeal, W. X. 
 14; Breach of warranty, Hammond v. Bussey, 20 Q. B. D. 79 
 57 L. J. Q. B. 58 ; Transfer of shares in unregistered company 
 Skinner v. Cit>/ of London Marine Insurance Corporation, 14 Q, 
 B. D. 882 ; 54 L. J. Q. B. 437 ; restraining sale of shares 
 Mansellv. British Linen Co. Bank (No. 2), [1892] 3 Ch. 15;) 
 Misrepresentation in company's prospectus and directors' i
 
 414 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 of debentures in excess of their powers, Peek v. Derry, 37 Ch. D. 
 541 ; 57 L. J. Ch. 347 ; Firbank's Executors v. Humphreys, 18 
 Q,. B. D. 54 ; 56 L. J. Q. B. 57 ; Sale of goods, Grebert Borcjnis 
 v. Nugent, 15 Q. B. D. 85 ; 54 L. J. Q. B. 511 ; Be Mattos v. 
 Great Eastern Steamship Co., 1 C. & E. 489 ; Rew v. Payne, 
 Douthwaite 8f Co., 53 L. T. 932; Wagstaffv. Short/torn Dairy 
 Co., 1 C. & E. 324 ; Infringement of patent, United Horseshoe 
 and Nail Co. v. Stewart, 13 App. Cas. 401; 59 L. T. 561; 
 Carrier, Hawcs v. South Eastern Rail. Co., 54 L. J. Q. B. 174 ; 
 52 L. T. 514; Sehuhe v. Great Eastern Rail, Co., 19 Q. B. D. 
 30 ; 56 L. J. Q. B. 442 ; Baldwin v. London, Chatham and Borer 
 Rail, Co., 9 Q. B. D. 582; Welch, Perrin fy Co. v. Anderson fy Co., 
 (C. A.) 61 L. J. Q. B. 167 ; Breach of covenant for quiet enjoy- 
 ment, Sutton v. Baillie, 65 L. T. 528 ; Breach of covenant to 
 repair, Morgan v. Hardy, 17 Q. B. D. 770; Lombard v. Kennedy, 
 23 L. E. Ir. 1 ; Joyner v. Weekes, [1891] 2 Q. B. 31 ; 60 L. J. 
 U. B. 510 ; Henderson v. Thorn, [1893] 2 Q. B. 164 ; Breach 
 of covenant not to sub-let without consent, Lepla v. Rogers, 
 [1893] 1 Q. B. 31 ; Waste, Witham v. Kershaw, 16 Q. B. D. 
 613 ; 54 L. T. 121 ; Wrongfully refusing to sign judgment 
 debt, Oddy v. Hallet, 1 C. & E. 532 ; Under Lord Campbell's 
 Act, Grand Trunk Rail. Co. of Canada v. Jennings, 13 App. Cas. 
 800 ; 58 L. J. P. C. 1 ; Under Employers' Liability Act, 1880, 
 Borlick or Bortick v. Head, Wrightson Sf Co., 53 L. T. 909 ; 34 
 W. R. 102 ; Bill of exchange, Ex parte Roberts, In re Gillespie y 
 16 Q. B. D. 702 ; 55 L. J. Q. B. 131 (affirmed by the Court of 
 Appeal 35 W. R. 128) ; In re Commercial Bank of South 
 Australia (No. 3), 36 Ch. D. 522; 57 L. T. 395; In re The 
 English Bank of the River Plate, Ex parte The Bank of Brazil, 62 
 L. J. Ch. 578 ; Misleading conditions of sale, Nash v. Wooderson, 
 33 W. R. 301 ; 52 L. T. 49 ; Misdescription in conditions of 
 sale, In re Chiferiel, Chiferielv. Watson (No. 2), 40 Ch. D. 45; 
 Detention of goods, Dreyfus v. Peruvian Guano Co., 42 Ch. D. 
 66 ; 58 L. J. Ch. 758 ; [1892] A. C. 166 ; Detention of samples, 
 Sehuhe v. Great Eastern Rail. Co., 19 Q. B. D. 30 ; Injury by 
 sewage farm, Reg. v. Essex, 17 Q. B. D. 447; 55 L. J. Q. B. 313 ; 
 Trespass, Reeves v. Penrose, 26 L. R. Ir. 141; McArthurY. Corn- 
 wall, [1892] A. C. 75 ; 61 L. J. P. C. 1 ; 65 L. T. 718 ; Bailment, 
 Claridge v. South Staffordshire Tramway Co., 61 L. J. Q. B. 503; 
 Non-delivery of cargo, Smith, Edwards 8f Co. v. Tregarthen, 56 
 L. J. Q. B. 437 ; 57 L. T. 58 ; Rodocanachi v. Milburn, 18 Q. 
 B. D. 67 ; 56 L. J. Q. B. 202 ; Contract to finance a business,
 
 WRIT OF INQUIRY (ASSESSMENT OF DAMAGES). 415 
 
 Boize v. Edwards, W. N. (1889) 231; Costs, Harrison v. 
 McSheean,W. N. (1885) 207; Cost of performance not the 
 measure of damages in breach of contract, Wigscll v. School for 
 the Indigent Blind, 8 Q. B. D. 357. 
 
 By 3 & 4 Will. 4, c. 42, s. 28, it is provided that " Upon all Jury em- 
 debts or sums certain, payable at a certain time or otherwise, the aiw7nterest 
 jury, on . . . an inquisition of damages, may, if they shall upon debts ; 
 think fit, allow interest to the creditor at a rate not exceeding 
 the current rate of interest from the time when such debts or 
 sums certain were payable, if such debts or sums be payable by 
 virtue of some instrument at a certain time, or if payable other- 
 wise, then from the time when demand of payment shall have 
 been made in writing, so as such demand shall give notice to the 
 debtor that interest will be claimed from the date of such demand 
 until the term of payment ; provided that interest shall be 
 payable in all cases in which it is now payable by law"; and and in certain 
 by sect. 29 of that Act "The jury on [inter alia] any inquisition ^damages 
 of damages may, if they shall think fit, give damages in the in * ne nature 
 nature of interest, over and above the value of the goods at the 
 time of the conversion or seizure, in all actions of trover or 
 trespass de bonis asportatis, and over and above the money 
 recoverable in all actions on policies of assurance made after the 
 passing of this Act." 
 
 By the R. of S. C. 1883, Ord. XXXVI., r. 58, " Where damages Assessment of 
 are to be assessed in respect of any continuing cause of action, co \^hfi!rn™ 
 they shall be assessed down to the time of assessment"; and cau . se of 
 see on this Rule, Read v. Wbtton, [1893] 2 Ch. 171. 
 
 The jury have no power over costs. As to costs of inquiry, Costs of 
 see Eehrl v. Parker, L. R. 10 Ch. 334 ; Slack v. Midland Bail. ^^ 
 Co., 50 L. J. Ch. 196 ; 16 Ch. D. 81 ; and Jacobs v. London, 
 Brighton, and South Coast Bail. Co., 22 L. T. 651. 
 
 An undersheriff, before whom damages are assessed in an 
 action brought in the High Court under a judgment signed in 
 default of pleading, has no power to certify for costs on the High 
 Court scale under sect. 116 of the County Courts Act, 1888, such 
 power being now under that section exercisable only by the High 
 Court or a judge of the High Court. Cox v. Hill, 67 L. T. 26.
 
 416 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 Return to be 
 made by- 
 sheriff. 
 
 Return where 
 sheriff and 
 jury in doubt. 
 
 Return of no 
 damages. 
 
 Defect in 
 return. 
 
 Return. 
 
 " When the jury have agreed upon the damages, the under- 
 sheriff fills up the inquisition, reads it to the jury, and signs it 
 in the name of the sheriff, and the jury sign it opposite to their 
 seals. This the sheriff keeps, and makes out another on parch- 
 ment, sealed with his seal of office, and signed with the sheriff's 
 name, and to this the seals of the jury are affixed, but they do 
 not sign it. The inquisition on parchment is then annexed to 
 the writ of inquiry and the return is endorsed on the hack of the 
 writ. ' The execution of this writ appears in a certain inquisi- 
 tion hereunto annexed.'" 2nd ed. Wats. Sh. 328. Where the 
 inquiry is executed by leave of the Court before a judge, the 
 sheriff returns the inquisition as in other cases. The sheriff 
 must return as to time and place of holding the inquiry when 
 there are special directions in the writ as to any fixed time 
 and place for holding it. Where a sheriff does not return in 
 due time a writ of inquiry, the Court will compel him by rule 
 to do so. Stockdale v. Hansard, 8 D. P. C. 296 ; 3 Jur. 1174. 
 
 If any doubt should have arisen, the sheriff may return that 
 he and the jury were in doubt, and after stating wherein, may 
 pray the advice of the Court. Dalt. Sh. 260. Per Cotton, L. J., 
 in Angell v. Baddeley, 3 Ex. D. 49 ; 47 L. J. Ex. 86 : " I think 
 there must be a discretion in the Court as to whether or no the 
 sheriff shall be ordered to make a return. . . . The point which 
 weighs with me as to the right to a return is that I cannot see 
 how the plaintiffs could be benefited by it " ; and see France v. 
 Clarkson, 2 D. P. C. 532, and P. of S. C. 1883, Ord. LIL r. 11. 
 
 It is laid down that if the sheriff return that the inquest or 
 jury found no damages, the sheriff is not to be held responsible 
 for the default of the jury, for the sheriff is only liable for his 
 own false or insufficient return, whereas here he returns it truly 
 and sufficiently as circumstances permit. Bro. Petorne. 20 ; 
 Fitz. Petorne. 66 ; 5 Pep. 32, 33 ; 2nd ed. Wats. Sh. 330. 
 
 A defect in the return does not vitiate the proceedings or 
 affect the sheriff's jurisdiction. Pippeit v. Hcarn, 1 D. & P. 
 266; 5 13. & A. 634; see also Bale v. Hodgetts, 7 Moore, 602; 
 1 Bing. 182.
 
 WRIT OF INQUIRY (ASSESSMENT OF DAMAGE*). 417 
 
 inquisition 
 
 Form of Inquisition. 
 
 The following form of inquisition is that fur the ordinary case Form of 
 of assessment of damages under a judgment, and can be readily 
 adapted to cases of detinue and breaches. 
 
 An inquisition indented, taken at in the said county 
 
 to wit. i of on the day of in the year of our Lord 
 
 ono thousand eight hundred and before me sheriff of 
 
 the county aforesaid, by virtue of a writ of our said Lady the Queen 
 to me the said sheriff directed and to this inquisition annexed to 
 inquire of certain matters in the said writ specified by the oath of 
 good and lawful men of my bailiwick, who being charged 
 and sworn upon their oath say that in the said writ named 
 
 hath sustained damages to on occasion of the premises in the 
 
 said writ mentioned besides his costs of suit in this behalf and for 
 those costs forty shillings (A). 
 
 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 (A). 
 
 Sheriff's Liability. 
 
 The liability of a sheriff to an attachment or to an action for 
 misconduct is the same on a writ of inquiry of damages as on 
 any other writ. 
 
 or execution. 
 
 Subsequent Proceedings. 
 
 By sect. 18, 3 & 4 Will. 4, c. 42, "Upon the return of [inter staying 
 alia] a writ of inquiry, or a trial of issues, judgment may be ^ exe^utk 
 signed, and execution issue forthwith, unless the sheriff or his 
 deputy before whom such writ of inquiry may be executed, or 
 such sheriff's deputy, or judge, before whom such trial shall be 
 had, shall certify under his hand upon such writ that judgment 
 ought not to be signed until the defendant shall have had an 
 opportunity to apply to the Court for a new inquiry, or a judge 
 of any of the said Courts shall think fit to order that judgment 
 or execution shall be stayed till a day to be named in such order; 
 
 (//) In the opinion of an eminent county undersheriff it is neither 
 obligatory nor customary for the inquisition to be signed by the under- 
 sheriff and jury, and the above words "and for those costs forty shillings," 
 being the old form applicable to days when forty shillings carried costs, 
 are now inapplicable. 
 
 M. E B
 
 418 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 and the verdict of such jury on the trial of such issue or issues 
 shall be as valid and of the like force as a verdict of a jury at 
 Nisi Prius ; and the sheriff or his deputy, presiding at the trial 
 of such issue or issues, shall have the like powers with respect to 
 amendment on such trial as are hereinafter given to judges at 
 Nisi Priiis." 
 
 Form of Certificate to be indorsed on the Writ for Stay of Judgment. 
 
 I certify that in my opinion judgment ought not to be signed 
 upon this writ until the within-named defendant shall have had an 
 opportunity to apply to the to set aside the execution thereof. 
 
 Dated the day of a.d. 18 . 
 
 Sheriff or 
 Undersheriff. 
 
 Setting- aside 
 inquisition. 
 
 Application 
 for new trial 
 and assess- 
 ment. 
 
 As to staying execution of this writ, see Stockdale v. Hansard, 
 8D. P. C. 296; 3 Jur. 1174. 
 
 As to setting aside an inquisition, see Kingston v. Ilaychurch, 
 1 Chit, 644 ; Benson v. Frederick, 3 Burr. 1845 ; Lathbury v. 
 Brown, 10 Moore, 106; and Grater v. Collard, 6 D. P. C. 503. 
 On an application for a new trial, the Court will not require the 
 undersheriff to make an affidavit of circumstances which occurred 
 at the inquiry. Power v. Horton, 3 Hodg. 14. And as to 
 application to the Court of Appeal for a new trial and assess- 
 ment, see Radman's Microbe Killer Co. v. Leather, [1892] 1 
 Q. B. 85 ; 61 L. J. Q. B. 38. 
 
 Fees. 
 
 As to the fees of the sheriff, &c. on a writ of inquiry, see 
 under the title " Sheriffs' Fees," post, pp. 510, 513. 
 
 Compensation 
 to be given 
 v. here public 
 companies 
 acquire land 
 under com- 
 
 II. Compensation Court. 
 
 Introductory. 
 
 In the case of the acquisition of lands by public companies 
 under their compulsory powers, statutory provision is made for 
 their making compensation to the parties interested in such 
 lands for the damage they may consequently sustain. Such
 
 COMPENSATION COURT. 419 
 
 provisions are chiefly comprised in the Lands Clauses Consoli- pulsory 
 dation Act, 1845 (8 & 9 Vict. c. 18), which is, moreover, incor- 
 porated with every Act whereby a public company is authorized 
 to acquire land for its undertaking. But the Lands Clauses 
 Consolidation Act, 1845, is applicable only where land is sought 
 to be acquired for undertakings of a public nature. Wale v. 
 Westminster Palace Hotel Co., 8 C. B. N. S. 276 ; 7 Jur. N. 8. 
 26. The general Acts which are to be regarded as respectively 
 incorporated with and forming part of each of the various Acts 
 relating to such undertakings, except as thereby expressly 
 modified, are the Companies Clauses Consolidation Act, 1815 
 (8 & 9 Yict. c. 16), the Lands Clauses Consolidation Act, 1845 
 (8 & 9 Vict. c. 18), and the Eailway Clauses Consolidation Act, 
 1845 (8 & 9 Vict. c. 20), the two latter of which Acts are more 
 particularly applicable to the subject of compensation. 
 
 As regards the purchase of lands for the above purposes, other- Capital to be 
 wise than by agreement, it is enacted by the Lands Clauses Con- before com- 
 solidation Act, 1845, sect. 16, that the capital is to be subscribed pulsory 
 before compulsory powers are put in force, and by sect. 17, that i n force. 
 a certificate of two justices is to be evidence that the capital has Certificate 
 
 t i -I i of iustices' 
 
 been subscribed. evidence that 
 
 By sect. 18, the promoters of the undertaking must give capital 
 
 notice of their intention to take lands to all the parties interested 1, 
 
 1 rromoter.s to 
 
 in such lands, or to other the parties therein mentioned, " and give notice of 
 by such notice shall demand from such parties the particulars of take lands 
 their estate and interest in such lands, and of the claims made *° patios 
 in respect thereof ; and every such notice shall state the par- 
 ticulars of the lands so required, and that the promoters of the 
 undertaking are willing to treat for the purchase thereof, and 
 as to the compensation to be made to all parties for the damage 
 that may be sustained by them by reason of the execution of 
 the works." By sects. 19 and 20 provision is made for the Service of 
 service of such notice on owners and occupiers of lands and on 
 corporations aggregate. 
 
 By sect. 21, if the parties fail to treat or if they do not agree now qv 
 as to the amount of compensation to be paid, the amount of such paI ties'fai] 
 compensation is to be settled in the manner provided below for to tlvat " r 
 settling cases of disputed compensation. 
 
 By sects. 22 and 24 provision is made for the settlement by Justices to 
 ..,.„,., ,. , , tie disputes 
 
 two justices oi disputes as to compensation where the amount w hereamount 
 
 claimed does not exceed 50/.; and see sect. 63 in connection claimed dc - 
 
 not ( 
 
 therewith. £50. 
 
 E E 2
 
 420 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 Compensation It is provided by sect. 23 that if tlie compensation claimed or 
 to be settLd offered exceeds 50/., and if the party claiming compensation 
 by arbitration desire to have the same settled by arbitration, it shall be so 
 option of settled accordingly. But if such party fail to signify such 
 
 claimant. desire to the promoters, or the arbitrators or umpire fail to make 
 their or his award for three months, or no final award be made, 
 the question of such compensation is to be settled by the verdict 
 of a jury as hereinafter provided. To continue, by sect. 68, 
 " If any party shall be entitled to any compensation in respect 
 of any lands, or of any interest therein, which shall have been 
 taken for or injuriously affected by the execution of the works, 
 and for which the promoters of the undertaking shall not have 
 made satisfaction under the provisions of this or the special Act, 
 or any Act incorporated therewith, and if the compensation 
 claimed in such case shall exceed the sum of 50/., such party 
 may have the same settled either by arbitration or by the 
 verdict of a jury, as he shall think fit ; and if such party desire 
 to have the same settled by arbitration, it shall be lawful for 
 him to give notice in writing to the promoters of the under- 
 taking of such his desire, stating in such notice the nature of 
 the interest in such lands in respect of which he claims com- 
 pensation, and the amount of the compensation so claimed 
 therein ; and unless the promoters of the undertaking be willing 
 to pay the amount of compensation so claimed, and shall enter 
 into a written agreement for that purpose within twenty-one 
 days after the receipt of any such notice from any party so 
 entitled, the same shall be settled by arbitration in the manner 
 herein provided ; or if the party so entitled as aforesaid desire 
 to have such question of compensation settled by jury, it shall 
 be lawful for him to give notice in writing of such his desire to 
 the promoters of the undertaking, stating such particulars as 
 aforesaid, and unless the promoters of the undertaking be 
 willing to pay the amount of compensation so claimed, and 
 enter into a written agreement for that purpose, they shall, 
 within twenty-one days after the receipt of such notice, issue 
 their warrant to the sheriff to summon a jury for settling the 
 same in the manner herein provided, and in default thereof 
 they shall be liable to pay to the party so entitled as aforesaid 
 the amount of compensation so claimed, and the same may be 
 recovered by him, with costs, by action in any of the superior 
 Courts." As to this section, see Reg. v. Metropolitan Rail. Co., 
 8 L. T. 663 ; and Reed v. Victoria and Pimlico Rail, Co., 1 II.
 
 COMPENSATION COURT. 421 
 
 & C. 826; 32 L. J. Ex. 1G7. See also as to assessment by jury, 
 Abrahams v. London [Mayor, Sfc), L. R. 6 Eq. 625 ; and Starr 
 v. London (Mayor, 8fc), L. It. 7 Eq. 236. 
 
 By sects. 20 to 37, both inclusive, provision is made for the Settlement 
 settlement by arbitration of questions of disputed compensation f questions 
 by this or the special Act, or any Act incorporated therewith, of disputed 
 
 " . x J L . compensation. 
 
 authorized or required to be so settled, and see sect. G3 in con- 
 nection therewith. Sect. 1 of the Lands Clauses (Umpire) Act, 
 1883 (46 & 47 Vict. c. 15) amends sect. 28 of the 1845 Act, and 
 extends the power of appointment of umpire by the Board of 
 Trade. 
 
 By sects. 58 to 67 it is provided that compensation to absent Compensation 
 parties is to be determined by the valuation of a surveyor to be par ti e s, how 
 appointed by two justices. The surveyor, before entering' upon to . De deter- 
 the duty of such valuation, must make and subscribe the 
 declaration which is set out in sect. 60. All the expenses of 
 the valuation must be borne by the promoters, and they must 
 produce the valuation upon demand by the owner of the lands. 
 If the owner is dissatisfied with it, he may have the question of 
 compensation submitted to arbitration. If the arbitrators deter- 
 mine that the valuation was sufficient, the costs shall be in their 
 discretion ; but if a further sum is awarded, all the costs of the 
 arbitration must be borne by the promoters, and they must pay 
 or deposit such further sum awarded within fourteen days. 
 
 By sect. 91, "If in any case in which according to the pro- Proceedings 
 visions of this or the special Act, or any Act incorporated r pf U g a i to 
 therewith, the promoters of the undertaking are authorized to deliver pos- 
 enter upon and take possession of any lands required for the lands, 
 purposes of the undertaking, the owner or occupier of any such 
 lands or any other person refuse to give up the possession 
 thereof, or hinder the promoters of the undertaking from 
 entering upon or taking possession of the same, it shall be 
 lawful for the promoters of the undertaking to issue their 
 warrant to the sheriff to deliver possession of the same to the 
 person appointed in such warrant to receive the same, and upon 
 the receipt of such warrant the sheriff shall deliver possession of 
 any such lands accordingly, and the costs accruing by reason of 
 the issuing and execution of such warrant, to be settled by the 
 sheriff, shall be paid by the person refusing to give possession, 
 and the amount of such costs shall be deducted and retained by 
 the promoters of the undertaking from the compensation, if any, 
 then payable by them to such party, or if no such compensation
 
 422 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 Value of 
 severed land 
 and expense 
 of making 
 communica- 
 tion, how to 
 be deter- 
 mined. 
 
 Compensation 
 to lord of 
 manor for 
 enfranchise- 
 ment of copy- 
 holds, how to 
 he deter- 
 mined. 
 
 Compensation 
 in case of 
 common 
 lands, how 
 to be deter- 
 mined. 
 
 Compensation 
 in case of 
 mortgaged 
 
 lands, how 
 to ho deter- 
 rained. 
 
 be payable to such party, or if the same be less than the amount 
 of such costs, then such costs, or the excess thereof beyond such 
 compensation, if not paid on demand, shall be levied by distress, 
 and upon application to any justice for that purpose he shall 
 issue his warrant accordingly." As to this section, see Tiverton 
 and North Devon Rail. Co. v. Loosemoor, 9 App. Cas. 480 ; 53 
 L. J. Ch. 812. 
 
 Of sects. 93 and 94, which relate to intersected lands, sect. 94 
 provides (inter alia) that " on the occasion of ascertaining the 
 value of the land required to be taken for the purposes of the 
 works, the jury or the arbitrators, as the case may be, shall, if 
 required by either party, ascertain by their verdict or award the 
 value of any such severed piece of land, and also what would be 
 the expense of making such communication." 
 
 Of sects. 95 to 98 inclusive, which relate to copyhold lands, 
 sect. 96 provides that the amount of compensation to be paid to 
 the lord of the manor for enfranchisement is to be in case of 
 dispute "determined as in other cases of disputed compensation; 
 and in estimating such compensation the loss in respect of the 
 fines, heriots, and other services payable on death, descent, or 
 alienation, or any other matters which would be lost through 
 the vesting of such copyhold or customary lands in the promoters 
 of the undertaking, or by the enfranchisement of the same, shall 
 be allowed for " ; and as to copyhold property, see Ecclesiastical 
 Commissioners for England v. London and South Western Rail. 
 Co., 23 L. J. C. P. 177 ; and Lowther v. Caledonian Rail. Co., 
 [1892] 1 Ch. 73 ; 61 L. J. Ch. 108. 
 
 Of sects. 99 to 107 inclusive, which relate to common lands, 
 sect. 105 provides that disputes as to common lands are to be 
 settled as in other cases, although by sect. 106, in the therein- 
 mentioned events, the amount of compensation is to be deter- 
 mined by a surveyor to be appointed as therein mentioned ; and 
 in connection with these sections, see the Commonable Eights 
 Compensation Act, 1882 (45 & 46 Vict. c. 15). See also as to 
 claim for compensation by a copyholder in respect of common, 
 Austin v. Amhurst, 7 Ch. D. 689. 
 
 Of sects. 108 to 114 inclusive, which relate to lands in mort- 
 gage, sect. 110 provides that when the mortgage exceeds the 
 value of the lands, the compensation is to be, in case of dis- 
 agreement, ascertained as in other cases of disputed compensa- 
 tion, and by sect. 112 there is a like provision for determining 
 the sum to be paid in case of disagreement where part only of
 
 COMPENSATION COVlil. 
 
 423 
 
 the mortgaged lands is taken, whilst, by sect. 114, compensa- 
 tion is to be made in certain cases if the mortgage be paid off 
 before the stipulated time. 
 
 Of sects. 119 to 12-3 inclusive, which relate to lands subject to Compensation 
 leases, sect. 120 provides that the lessees mentioned in sect. 119 lands' subject 
 shall be eutitled to compensation for any damage done to them to leases, how 
 in their tenancies " by reason of the severance of the lands mined. 
 required from those not required, or otherwise by reason of the 
 execution of the works," whilst by sect. 121, the amount of 
 compensation payable to tenants for a year or from year to year 
 is to be determined by two justices in case of disagreement. As 
 to these sections, see Ex parte Mcrrett, 2 L. T. 471 ; Iter/, v. 
 East London Hail. Co., 17 L. T. 291 ; Reg. v. Great Northern 
 Hail. Co., 2 Q. B. D. 151 ; 46 L. J. Q. B. 4; Syers v. Metropolitan 
 Board of Works, 36 L. T. 277; The Queen v. Stone, L. B. 1 Q. B. 
 529 ; and The Qaeen v. Vaughan and Metropolitan District Bail. 
 Co., L. R. 4 Q. B. 190 ; and in connection with sect. 123, see 
 26 & 27 Yict. c. 92, Part II. 
 
 Of sects. 124 to 126 inclusive, relating to interests in lands Compensation 
 which have by mistake been omitted to be purchased, sect. 125 Crests in 
 provides that " in estimating the compensation to be given for ^^ omitted 
 any such last-mentioned lands, or any estate or interest in the chased, how 
 same, or for any mesne profits thereof, the jury, or arbitrators, ^e d deter " 
 or justices, as the case may be, shall assess the same according 
 to what they shall find to have been the value of such lands, 
 estate or interest, and profits, at the time such lands w r ere 
 entered upon by the promoters of the undertaking, and without 
 regard to any improvements or works made in the said lands by 
 the promoters of the undertaking, and as though the works had 
 not been constructed." 
 
 The Lands Clauses Consolidation Acts Amendment Act, 1860 Power of 
 (23 & 24 Yict. c. 106), relates only to purchases of land by ws^toZse 
 agreement, except as to sect. 7, which empowers the Secretary powers given 
 
 . n r> n T7- *° promoters 
 
 for War to use the powers given to promoters by 8 & 9 Vict, under s & g 
 c. 18. Such 1860 Act is, moreover, repealed by the Municipal Vlot ' c - 1S - 
 Corporations Act, 1882 (45 & 46 Yict. c. 50), as to boroughs 
 within that Act. 
 
 By sect. 3 of the Lands Clauses Consolidation Acts Amend- High Bailiff 
 ment Act, 1869 (32 & 33 Yict. c. 18), which is to be construed flVsiurVtin 
 as one with the Lands Clauses Consolidation Act, 1845, and caseofdis- 
 the Lands Clauses Consolidation Acts Amendment Act, I860, pensationaa 
 " Where any lands by the special Act authorized to bo taken ^ la ^ d ? "i
 
 424 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 Compensation 
 for lands 
 taken under 
 Railway- 
 Clauses Con- 
 solidation 
 Act, how to 
 be deter- 
 mined. 
 
 Purchase- 
 money and 
 compensation 
 for lands 
 temporarily 
 occupied, how 
 to be deter- 
 mined. 
 
 are situate within the city and liberty of Westminster, then 
 with respect to those lands, in every case in which any question 
 of disputed compensation is required by ' The Lands Clauses 
 Consolidation Act, 1845,' or any Act amending the same, to be 
 determined by the verdict of a jmy, the high bailiff of the city 
 and liberty of Westminster, or his deputy, shall be deemed to 
 be substituted for the sheriff throughout such of the enactments 
 of ' The Lands Clauses Consolidation Act, 1845,' and any Act 
 amending the same as relate to the reference to a jury." 
 
 The Eailway Clauses Consolidation Act, 1845 (8 & 9 Vict, 
 c. 20), sects. 6 to 24 inclusive relate to the construction of 
 railways and works connected therewith. By sect. 6 it is 
 provided that, " In exercising the power given to the company 
 by the special Act to construct the railway, and to take lands 
 for that purpose, the company shall be subject to the provisions 
 and restrictions contained in this Act and in the said Lands 
 Clauses Consolidation Act ; and the company shall make to the 
 owners and occupiers of and all other parties interested in any 
 lands taken or used for the purposes of the railway, or injuriously 
 affected by the construction thereof, full compensation for the 
 value of the lands so taken or used, and for all damage sustained 
 by such owners, occupiers, and other parties, by reason of the 
 exercise, as regards such lands, of the powers by this or 
 the special Act or any Act incorporated therewith vested in the 
 company ; and except where otherwise provided by this or 
 the special Act, the amount of such compensation shall be 
 ascertained and determined in the manner provided by the said 
 Lands Clauses Consolidation Act for determining questions of 
 compensation with regard to lands purchased or taken under 
 the provisions thereof ; and all the provisions of the said last 
 mentioned Act shall be applicable to determining the amount 
 of any such compensation, and to enforcing the payment or 
 other satisfaction thereof." As to the operation of this section 
 and also sect. 16 of the same Act, see Knock v. Metropolitan 
 Rail. Co., L. K. 4 C. P. 131. 
 
 Of sects. 80 to 44 of this Act, which relate to the temporary 
 occupation of lands near the railway during the construction 
 thereof, sect. 42 provides that owners of lands may compel the 
 company to purchase lands so temporarily occupied, and sect. 44 
 provides that the amount and application of the purchase-money 
 and other compensation payable by the company shall be 
 determined in the manner provided by the Lands Clauses
 
 COMPENSATION COURT. 425 
 
 Consolidation Act for determining the amount and application 
 of the compensation to be paid for lands taken under the 
 provisions thereof. 
 
 Of sects. 77 to 85 inclusive, which relate to mines lying under Compensation 
 or near the railway, it is provided by sect. 78 that, in case of In 'iJ!,.„ under 
 disagreement, the compensation shall be settled as in other cases 01 " near rail - 
 of disputed compensation, and by sect. 81 that compensation bedeter- 
 for injury done to mines is to be, in case of disagreement, mmcd - 
 settled by arbitration. And as to compensation to mine 
 owners, see Whitehouse v. Wolverhampton and Walsall Rail. Co., 
 L. E. 5 Ex. 6. 
 
 By 13 & 14 Vict. c. 83, sects. 20 and 21 (extended and Compensation 
 
 amplified by 30 & 31 Yict. e. 127, sect. 31), a landowner is ^nfofmT 
 
 entitled to compensation on abandonment of a railway after way after 
 
 notice given to purchase, but the amount of such compensation purchase, 
 
 is, in case of difference, to be settled by arbitration as therein tow to be 
 
 . ^ determined, 
 
 provided (sect. 25). 
 
 By the Railway Clauses Act, 1863 (26 & 27 Vict. c. 92), Compensation 
 sect. 20, " Where a railway is authorized to be constructed by a ^gjby^ 1 
 special Act passed either before or after the passing of this Act, extension of 
 and the time limited by the special Act for the exercise of be deter- 
 powers of compulsory purchase of lands, or of powers for the mine(i - 
 construction of the railway and works, is extended by a special 
 Act hereafter passed and incorporating this part of this Act, 
 then and in every such case the justices, arbitrators, umpires or 
 juries as the case may be, who award or assess the compensation 
 to be made by the company to the owners or occupiers of, or 
 other persons interested in, lauds taken or used for the purposes 
 of the railway and works, or injuriously affected by the con- 
 struction thereof, shall, in estimating the amount of such com- 
 pensation, have regard to, and assess compensation for, the 
 additional damage (if any) sustained by those owners, occupiers, 
 or other persons, by reason of the extension of time." But by 
 sect. 21 such extension of time is not to affect existing contracts 
 and notices as to lands under the Railway Clauses Acts. 
 
 By the Regulation of Railways Act, L868 (31 & 32 Vict. Railway com- 
 
 c. 119), sect. 41, the company may apply to a common law appry^rudee 
 
 judge to hear cases of compensation under the Lands Clauses ^\ lu •'■' ;i ~ - 
 
 Consolidation Art, L845, and by sect. 42 may obtain a judge's sation under 
 
 order instead of issuing a warrant to the sheriff. Sect. \'-\ pro- 8 , p ^ let- 
 
 • • • r c. IS. 
 
 vides that the verdict of the jury and judgment of the Court 
 
 upon any issue authorized by that Act shall, as regards costs
 
 426 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 and every other matter incident to or consequent thereon, have 
 the same operation and effect as if that verdict and judgment 
 had been the verdict of a jury and judgment of a sheriff upon 
 an inquiry conducted upon a warrant under the Lands Clauses 
 Consolidation Act, 1845. 
 Basis for the By the courteous permission of Mr. Cripps the following 
 
 assessment of p ,i i • ? ,i , n , • i 
 
 compensation, summary of the basis tor the assessment oi compensation has 
 been taken from his work on the Law of Compensation : — 
 " The basis on which all compensation for lands required or 
 taken should be assessed is their value to the owner as at the 
 date of the notice to treat, and not their value when taken to 
 the promoters. The question is not, what the persons who take 
 the land will gain by taking it, but what the person from whom 
 it is taken will lose by having it taken from him, and includes 
 all loss in consequence of eviction from the lands. The value of 
 lands to an owner is enhanced by the probability of a more 
 profitable future use, and this element must be taken into con- 
 sideration in the assessment of compensation. In assessing 
 damage incurred consequent on the taking of lands under 
 parliamentary powers, the ordinary principles of law as to 
 remoteness of damage apply. Again, if the promoters are 
 empowered to acquire, and do acquire, mines and minerals 
 under the surface of the ground, their value must be ascertained 
 and paid for on the same principles as apply to the surface 
 lands, and [referring to the promoter's rights to adjacent and 
 subjacent support in reference to the acquired surface land] if 
 the nature of the works, for the purposes of which surface lands 
 are taken, is such as to impose more than the customary restric- 
 tions on the working of minerals by the owner, and thereby to 
 diminish the value to him of his interest in the mines, the 
 assessment of the value of the lands should include the loss to 
 the owner from the diminution of the value of his interest in 
 the mines situate under the lands taken." 
 
 Meaning of According to the interpretation clauses of the Lands Clauses 
 
 expressions- Consolidation Act, 1815 (sects. 2 and 3), the following words 
 and expressions, both in that Act and the special Act, shall have 
 the meanings mentioned, unless there be something either in the 
 subject or context repugnant to such construction, viz. : — the 
 
 " the sheriff ," word "sheriff" shall include undersheriff, or other legally 
 
 competent deputy ; and where any matter in relation to any 
 
 lands is required to be done by any sheriff, or by any clerk of 
 
 "the clerk of the peace, the expression "the sheriff," or the expression "the 
 the peace,"
 
 COMPENSATION COURT. 427 
 
 clerk of the peace," shall in such case be construed to mean the 
 
 sheriff or the clerk of the peace of the county, borough, city, liberty, 
 
 cinque port, or place where such land shall be situate ; and if 
 
 the lands in question, being the property of one and the same 
 
 party, be situate not wholly in one county, borough, city, liberty, 
 
 cinque port, or place, the same expression shall be construed to 
 
 mean the sheriff or clerk of the peace of any county, borough, 
 
 city, liberty, cinque port, or place where any part of such lands 
 
 shall be situate, and "the word 'lands' shall extend to messu- "lands," 
 
 ages, lands, tenements and hereditaments, of any tenure " ; 
 
 whilst "the word ' county ' shall include any riding or other "county." 
 
 like division of a county, and shall also include county of a city 
 
 or county of a town." 
 
 Warrant to Summon Jury and Hold Inquiry. 
 
 By sect. 38 of the Lands Clauses Consolidation Act, 1845, Promoters of 
 " Before the promoters of the undertaking shall issue their toJji^SiL 
 warrant for summoning a jury for settling any case of disputed before issuing 
 compensation, they shall give not less than ten days' notice to summon jury, 
 the other party of their intention to cause such jury to be sum- 
 moned (/), and in such notice the promoters of the undertaking 
 shall state what sum of money they are willing to give for the 
 interest in such lands sought to be purchased by them from such 
 party, and for the damages to be sustained by him by the exe- 
 cution of the works." On this section see Hailstone v. York, 
 Ni wcastle, and Berwick Rail. Co., 13 Q. B. 404 ; 19 L. J. Q. B. 
 464 (as governed by Richardson v. South Eastern Rail. Co., 11 
 C. B. 154) ; and, in particular, as regards the sheriff, see 
 Horroehs v. Metropolitan Rail. Co., 19 C. B. N. S. 139. See 
 also Balls v. Metropolitan Board of Works, L. E, 1 Q. B. 337 ; 
 35 L. J. Q. B. 101 ; Hayward v. Metropolitan Rail. Co., 33 
 L. J. Q. B. 73; Reg. v. Manky- Smith, 67 L. T. 197; 40 
 TV. It. 333 ; and Thompson v. Tottenham and Forest Gate Bail. 
 Co., 67 L. T. 416. 
 
 By sect. 39, " In every case in which any such question of Warrant for 
 
 summoning 
 
 (0 i. e., if no application bo made for a trial at Nisi Prius under 31 & 32 
 Vict. o. ll!>.
 
 428 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 jury to be 
 addressed to 
 the sheriff ; 
 
 but if sheriff 
 be interested, 
 then to 
 coroner. 
 
 Provisions 
 applicable to 
 sheriff to 
 apply to 
 coroner. 
 
 Payment of 
 coroner when 
 acting for 
 sheriff. 
 
 disputed compensation shall be required to be determined by the 
 verdict of a jury, the promoters of the undertaking shall issue 
 their warrant to the sheriff requiring him to summon a jury 
 for that purpose, and such warrant shall be under the common 
 seal of the promoters of the undertaking, if they be a corpora- 
 tion, or if they be not a corporation under the hands and seals 
 of such promoters or any two of them ; and if such sheriff be 
 interested in the matter in dispute, such application shall be 
 made to some coroner of the county in which the lands in 
 question, or some part thereof, shall be situate ; and if all the 
 coroners of such county be so interested such application may 
 be made to some person having filled the office of sheriff or 
 coroner in such county, and who shall be then living there, and 
 who shall not be interested in the matter in dispute ; and with 
 respect to the persons last mentioned, preference shall be given 
 to one who shall have most recently served either of the said 
 offices ; and every ex-sheriff, coroner, or ex-coroner shall have 
 power, if he think fit, to appoint a deputy or assessor." The 
 above-mentioned disqualifying interest of the sheriff must, like 
 that which at common law disqualifies an officer from acting in 
 a judicial inquiry, be direct and certain, and not merely remote 
 or contingent. The Queen v. The Manchester, Sheffield, and 
 Lincolnshire Rail. Co., L. R. 2 Q. B. 336 ; and see Ex parte 
 Baddeley, 5 D. & L. 575 ; 5 Bail. Cas. 542 ; Worsley v. South 
 Devon Bail. Co., 16 Q. B. 539; 20 L. J. Q. B. 254; Bex v. 
 Sheriff of Warwickshire, 24 L. T. 211; 2 Rail. Cas. 661; 
 Corrigal v. London and Blachwall Bail. Co., 5 M. & Gr. 219 ; 
 and Reg. v. London and North Weston Bail. Co., 9 L. T. 423. 
 
 By sect. 40, " Throughout the enactments contained in this 
 Act relating to the reference to a jury, where the term ' sheriff ' 
 is used, the provisions applicable thereto shall be held to apply 
 to every coroner or other person lawfully acting in his place ; and 
 in every case in which any such warrant shall have been directed 
 to any other person than the sheriff, such sheriff shall imme- 
 diately on receiving notice of the delivery of the warrant, 
 deliver over, on application for that purpose, to the person to 
 whom the same shall have been directed, or to any person 
 appointed by him to receive the same, the jurors' book and 
 special jurors' list belonging to the county where the lands in 
 question shall be situate." 
 
 As to payment of coroners when they act for sheriffs, see the 
 Coroners Act, 1887 (50 & 51 Vict. c. 71), sect. 15.
 
 COMPENSATION COURT. 429 
 
 The following is a form of the warrant addressed to the sheriff Form of 
 requiring him to summon a 
 
 Form of Warrant to Sheriff. 
 
 by the promoters requiring him to summon a jury : — sheriff! ° 
 
 }J 
 
 Whereas we the promoters, &c. on the day of 
 
 to wit. ) a.d. 18 pursuant to the statute in such case made and pro- 
 vided did cause to be served a certain notice in writing under our 
 common seal personally upon which said notice was and is 
 
 in the words and figures following [Here set out the notice]. And 
 whereas the said hath not accepted the offer therein contained 
 
 or any part thereof and the question of value and compensation still 
 remains disputed between us : We do hereby require and command 
 you upon the receipt of this our warrant to summon a jury to deter- 
 mine the said differences and disputes in the premises and herein 
 fail not. Given under our common seal, &c. 
 
 Summoning Jury. 
 
 By sect. 41," Upon the receipt of such warrant the sheriff jury to be 
 shall summon a jury of twenty-four indifferent persons, duly summoned - 
 qualified to act as common j my men in the superior Courts, to 
 meet at a convenient time and place to be appointed by him for 
 that purpose, such time not being less than fourteen nor more 
 than twenty-one days after the receipt of such warrant, and such 
 place not being more than eight miles distant from the lands in 
 question, unless by consent of the parties interested, and he shall 
 forthwith give notice to the promoters of the works of the time 
 and place so appointed by him." See hereon Reg. v. Sheriff of 
 Middlesex, 3 G\ & D. 549 ; S. C. nom. Walker v. Loudon and 
 Blackicall Mail. Co., 3 Q. B. 744; as also sects. 18 and 38 of the 
 Sheriffs Act, 1887 (50 & 51 Viet. c. oo), under sub-title " Writ 
 of Inquiry," ante, p. 407. 
 
 The following is a form of the summons to the jury mentioned Form of 
 in the above section :— j™ 113 to 
 
 Form of Jury Summons. 
 
 ) Pursuant to the provisions of "The Juries Act, 18C2," 
 
 to wit. ) and of "The Lands Clauses Consolidation Act, 18 15," and 
 in execution of a warrant under the hands and seals of two of the 
 undertakers of the in of the county of to me 
 
 directed, I hereby summon you to be and appear before me at a 
 Court to be held at in in the of on , 
 
 the day of , at of the clock in the noon, to 
 
 serve on a special [or common] jury and inquire of and assess the 
 compensation to bo paid by the said undertakers to of ,
 
 430 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 for the purchase of land at , in the of , in the 
 
 of , and for the damage that may be sustained by him 
 
 by reason of the works authorised by the Company's Acts. 
 
 Given under the seal of my office, at , this day of 
 
 , 18 . 
 
 Esquire, 
 Sheriff. 
 
 Notice. 
 
 By "The Lands Clauses Consolidation Act, 1845," it is enacted 
 (sect. 14) that if any person summoned and returned upon any jury 
 under this or the special Act, whether common or special, do not 
 appear, or, if appearing he refuse to make oath, or in any other 
 manner unlawfully neglect his duty, he shall, unless he show 
 reasonable excuse to the satisfaction of the sheriff, forfeit a sum 
 not exceeding ten pounds. And in addition to the penalty 
 hereby imposed, every such juryman shall be subject to the same 
 regulations, pains, and penalties, as if such juryman had been 
 returned for the trial of an issue joined in any of the superior 
 Courts. 
 
 If you are a shareholder in the company, or otherwise interested in 
 the case, you will be disqualified from serving, and should at once 
 inform Mr. , Under sheriff, , of the fact. 
 
 Special jury- 
 to bo sum- 
 moned at the 
 request of 
 either party. 
 
 By sect. 24, " If either party desire any such question of 
 disputed compensation as aforesaid to be tried before a special 
 jury, such question shall be so tried, provided that notice of 
 such desire, if coming from the other party, be given to the 
 promoters of the undertaking before they have issued their 
 warrant to the sheriff ; and for that purpose the promoters of 
 the undertaking shall by their warrant to the sheriff require 
 him to nominate a special jury for such trial ; and thereupon 
 the sheriff shall, as soon as conveniently may be after the receipt 
 by him of such warrant, summon both the parties to appear 
 before him, by themselves or their attornies, at some convenient 
 time and place appointed by him, for the purpose of nominating 
 a special jury (not being less than five nor more than eight days 
 from the service of such summons) ; and at the place and time 
 so appointed the sheriff shall proceed to nominate and strike a 
 special jury, in the manner in which such juries shall be re- 
 quired by the laws for the time being in force to be nominated 
 or struck by the proper officers of the superior Courts, and the 
 sheriff shall appoint a day, not later than the eighth day after 
 striking of such jury, for the parties or their agents to appear 
 before him to reduce the number of such jury, and thereof shall 
 give four days' notice to the parties ; and on the day so 
 appointed the sheriff shall proceed to reduce the said special
 
 COMPENSATION COURT. 431 
 
 jury to the number of twenty in the manner used and accus- 
 tomed by the proper officers of the superior Courts." It appears 
 that this method of summoning- special jurors still prevails in 
 the compensation Court, though not in the case of writs of 
 inquiry. 
 
 The following is a form of the summons which the sheriff Form of 
 issues to the parties in connection with his nomination of a sh^^to y 
 special jury under the above section : — parties in 
 
 connection 
 
 ) Pursuant to the provisions of the Lands Clauses Con- vnt } 1 noini - 
 
 to wit. | solidation Act, 1845, and in execution of a warrant under " a '™, c l 
 the Common Seal of the requiring me to nominate and 
 
 summon a special jury to determine by their verdict the amount 
 of the purchase money and compensation to be paid by them 
 to for the purchase of certain lands and hereditaments situate 
 
 at in the of , and for the damage to be sustained 
 
 by the said by reason of the exercise of certain Acts of Parlia- 
 
 ment in the said warrant mentioned, I do hereby summon you to 
 appear before me by yourselves or your attorneys on the 
 
 day of at of the clock at the office of my undersheriff, 
 
 situate at in , in the of , for the purpose of 
 
 nominating a special jury, at which time and place I shall proceed 
 to nominate and strike a special jury in the manner in which such 
 juries are by law required to be nominated and struck by the proper 
 officers of the superior Courts. 
 
 And I give you notice that I appoint the day of 
 
 at of the clock at the office of my undersheriff aforesaid, 
 
 for you to appear before me to reduce the number of such special 
 jury, at which time and place I shall proceed to reduce the said 
 special jury to the number of twenty in the manner used and 
 accustomed by the proper officers of the superior Courts. 
 
 Dated this day of 18 . 
 
 Sheriff of 
 
 Subject to the above-mentioned statutory provisions, the same Qualification, 
 remarks as to the qualification, &c. of jurors, in the case of an &c " of J urors - 
 inquiry under a writ of inquiry, apply, mutatis mutandis, to an 
 inquiry under the Lands Clauses Consolidation Act, 181-3, as 
 to which see ante, p. 408. 
 
 By sect. 57, "No juryman shall without his consent, be Jurymen not 
 summoned or required to attend any such proceeding as afore- ^a" 61 " 1 m ° re 
 said more than once in any year." But see Walker v. London year. 
 and Blackmail Rail. Co., 3 Q. B. 744 ; 12 L. J". Q. B. 88. 
 
 By sect. 44 it is provided that if any person summoned and Penalty on 
 returned upon any jury under this or any special Act, whether j^Siwto 
 common or special, do not appear, &c, he shall, unless lie show summons, &o. 
 reasonable excuse to the satisfaction of the sheriff, forfeit a sum 
 not exceeding ten pounds. See this section fully set out, post, 
 p. 433.
 
 432 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 Promoters to 
 give notice of 
 time, &c. of 
 inquiry to 
 other party. 
 
 Jury to be 
 impanelled. 
 
 Deficiency of 
 special jury- 
 men, how to 
 be rilled up. 
 
 Same special 
 jury may try 
 other in- 
 quiries by 
 consent. 
 
 Jury and 
 ■witnesses to 
 be sworn. 
 
 Inquiry and Verdict. 
 
 By sect. 46 of tlie Lands Clauses Consolidation Act, 1845, 
 " Not less than ten days' notice of the time and place of the 
 inquiry shall be given in writing by the promoters of the 
 undertaking to the other party." 
 
 By sect. 42, "Out of the jurors appearing upon such summons 
 (see ante, p. 429) a jury of twelve persons shall be drawn by the 
 sheriff, in such manner as juries for trials of issues joined in the 
 superior Courts are by law required to be drawn, and if a suffi- 
 cient number of jurymeu do not appear in obedience to such 
 summons, the sheriff shall return other indifferent men, duly 
 qualified as aforesaid of the bystanders, or others that can be 
 speedily procured to make up the jury to the number aforesaid, 
 and all parties concerned may have their lawful challenges 
 against any of the jurymen, but no such party shall challenge 
 the array." 
 
 By sect. 55, " The special jury on such inquiry shall consist 
 of twelve of the said twenty who shall first appear on the names 
 being called over, the parties having their lawful challenges 
 against any of the said jurymen ; and if a full jury do not 
 appear, or if after such challenges a full jury do not remain, 
 then, upon the application of either party, the sheriff shall add 
 to the list of such jury the names of any other disinterested 
 persons qualified to act as special or common jurymen, who 
 shall not have been previously struck off the aforesaid list, and 
 who may then be attending the Court or can speedily be pro- 
 cured, so as to complete such jury, all parties having their lawful 
 challenges against such persons ; and the sheriff shall proceed 
 to the trial and adjudication of the matters in question by such 
 jury, and such trial shall be attended in all respects with the 
 like incidents and consequences, and the like penalties shall be 
 applicable, as hereinbefore (/r) provided in the case of a trial by 
 common jury." 
 
 By sect. 56, " Any other inquiry than that for the trial of 
 which such special jury may have been struck and reduced as 
 aforesaid may be tried by such jury, provided the parties thereto 
 respectively shall give their consent to such trial." 
 
 By sect. 48, " Before the jury proceed to inquire of and assess 
 the compensation or damage in respect of which their verdict is 
 
 (A-) For purposes of transposition of sections read this " hereinafter."
 
 COMPENSATION COURT. 433 
 
 to bo given, they shall make oath that they will truly and faith- 
 fully inquire of and assess such compensation or damage, and 
 the sheriff shall administer such oaths, as well as the oaths of 
 all persons called upon to give evidence." 
 
 By sect. 43, "The sheriff shall preside on the said inquiry, Sheriff to 
 and the party claiming compensation shall be deemed the ^^ 
 plaintiff, and shall have all such rights and privileges as the witnesses. 
 plaintiff is entitled to in the trial of actions at law (/) ; and, if 
 either party so request in writing, the sheriff shall summon 
 before him any person considered necessary to be examined as a 
 witness touching the matters in question, and on the like request 
 the sheriff shall order the jury, or any six or more of them, to 
 view the place or matter in controversy, in like manner as views 
 may be had in the trial of actions in the superior Courts." 
 
 Form of Summons to Witness. 
 
 County of ) Sheriff of the said county, to greeting : By Form of 
 
 to wit. ) virtue and under the provisions of "The Lands Clauses summons to 
 
 Consolidation Act, 1845," and in execution of a warrant under the wltness 
 
 to me directed and delivered, I do hereby summon and require 
 you to be and appear before me on the day of at 
 
 of the clock in the noon of the same day at in 
 
 the county of , and there to attend day by day until you be 
 
 discharged and then and there to testify the truth according to your 
 knowledge touching certain matters then and there to be inquired 
 of between and the said and also that you bring with 
 
 you and produce at the time and place aforesaid . And in 
 
 case you make default in appearing at the time and place aforesaid, 
 you will forfeit the penalty imposed by the said Act. 
 
 Given under the seal of my office the day of one 
 
 thousand eight hundred and 
 
 By sect. 44, "If the sheriff make default in any of the matters Penalty on 
 hereinbefore required to be done by him in relation to any such L_f or 
 trial of inquiry he shall forfeit fifty pounds for every such default, 
 offence, and such penalty shall be recoverable by the promoters 
 of the undertaking by action in any of the superior Courts ; and 
 if any person summoned and returned upon any jury under this 
 or the special Act, whether common or special, do not appear, 
 or if appearing he refuse to make oath, or in any other manner 
 unlawfully neglect his duty, he shall, unless he show reason- 
 able excuse to the satisfaction of the sheriff, forfeit a sum not 
 exceeding ten pounds ; and every such penalty payable by a 
 
 (/) Except, it seems, with regard to costs. 
 M. F F
 
 434 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 Penalty on 
 witnesses for 
 default. 
 
 Inquiry not 
 to proceed if 
 party claim- 
 ing compen- 
 sation makes 
 default. 
 
 Extent of 
 jurisdiction 
 of jury. 
 
 sheriff or juryman shall be applied in satisfaction of the costs 
 of the inquiry, so far as the same will extend ; and in addition 
 to the penalty hereby imposed every such juryman shall be 
 subject to the same regulations, pains and penalties as if such 
 jury had been returned for the trial of an issue joined in any of 
 the superior Courts." 
 
 By sect. 45, " If any person duly summoned to give evidence 
 upon any such inquiry, and to whom a tender of his reasonable 
 expenses shall have been made, fail to appear at the time and 
 place specified in the summons, without sufficient cause, or if 
 any person, whether summoned or not, who shall appear as a 
 witness, refuse to be examined on oath touching the subject- 
 matter in question, every person so offending shall forfeit to the 
 party aggrieved a sum not exceeding ten pounds." 
 
 By sect. 47, " If the party claiming compensation shall not 
 appear at the time appointed for the inquiry, such inquiry shall 
 not be further proceeded in, but the compensation to be paid 
 shall be such as shall be ascertained by a surveyor appointed by 
 two justices in manner hereinafter provided." As to the mode 
 in which compensation to absent parties is determined, see ante, 
 p. 421. 
 
 With regard to the jurisdiction of the jury, it was held in 
 Eorrocks v. Metropolitan Rail Co., 32 L. J. Q. B. 367; 8 L. T. 
 663 ; and Reg. v. London and North Western Rail. Co., 23 
 L. J. Q. B. 185, that a jury, summoned to assess the compensa- 
 tion due to the claimant for lands injuriously affected by the 
 works of a public company, has no jurisdiction to determine 
 whether the lands have been injuriously affected, and that their 
 jurisdiction is limited to assessing the amount of compensation ; 
 whilst in Ex parte Cooper, In re North London Rail. Co., 34 
 L. J. Ch. 373 ; 11 Jur. N. S. 103, it was held that a jury cannot 
 determine what interest a claimant has, but can only determine 
 the value of the interest he claims. Nor can a jury determine 
 whether a claimant really has the interest he claims ; but its 
 function is simply to assess the damages, assuming the interest 
 being as claimed. Brandon v. Brandon, 34 L. J. Ch. 333 ; and 
 see on this subject Reg. v. Great Northern Rail. Co., 14 Q. B. 
 25 ; 19 L. J. Q. B. 25 ; Reg. v. Lancaster and Preston Junction 
 Rail. Co., 6 Q. B. 759 ; 14 L. J. Q. B. 84 ; Reg. v. South Wales 
 Rail. Co., 13 Q. B. 988; 18 L. J. Q. B. 310; Reg. v. Sheriff of 
 Middlesex, 3 G. & D. 549 ; S. C. nom. Walker v. London and 
 Blackball Rail, Co., 3 Q. B. 744; 12 L. J. Q. B. 88; and
 
 COMPENSATION COURT. 435 
 
 Essex v. Acton Local Board, 14 App. Cas. 153 ; 58 L. J. Q. B. 
 594. 
 
 By sect. 49, " "Where such inquiry shall relate to the value of Sums to be 
 lands to be purchased, and also to compensation claimed for c i iase n f lands 
 injury done or to he done to the lands held therewith, the jury ^J^ e to 
 shall deliver their verdict separately for the sum of money to be be assessed 
 paid for the purchase of the lands required for the works or of separ 
 any interest therein belonging to the party with whom the 
 question of disputed compensation shall have arisen, or which 
 under the provisions herein contained he is enabled to sell or 
 convey, and for the sum of money to be paid by way of com- 
 pensation for the damage, if any, to be sustained by the owner 
 of the lands by reason of the severing of the lands taken from 
 the other lands of such owner, or otherwise injuriously affecting 
 such lands by the exercise of the powers of this or the special 
 Act, or any Act incorporated therewith." On this section see 
 Caledonian Rail. Co. v. Ogilcy, 2 Macq. H. L. Cas. 229; Corregal 
 v. London and Black wall Hail. Co., 3 Eail. Cas. 411 ; 12 L. J. 
 C. P. 209 ; and Essex v. Acton Local Board, 14 App. Cas. 153 ; 
 58 L. J. Q. B. 594. 
 
 By sect. 50, " The sheriff before whom such inquiry shall be Verdict and 
 held shall give judgment for the purchase-money or compensa- be r ^ corc i ec i. 
 tion assessed by such jury ; and the verdict and judgment shall 
 be signed by the sheriff, and being so signed shall be kept by 
 the clerk of the peace among the records of the general or 
 quarter sessions of the county in which the lands or any part 
 thereof shall be situate in respect of which such purchase-money 
 or compensation shall have been awarded ; and such verdicts 
 and judgments shall be deemed records, and the same or true 
 copies thereof shall be good evidence in all courts and elsewhere; 
 and all persons may inspect the said verdicts and judgments, 
 and may have copies thereof or extracts therefrom, on paying 
 for each inspection thereof one shilling, and for every one 
 hundred words copied or extracted therefrom sixpence, which 
 copies or extracts the clerk of the peace is hereby required to 
 make out, and to sign and certify the same to be true copies." 
 
 As to the admissibility of evidence, it may be well to note How far 
 that questions are not infrequently asked of witnesses when to prices riven 
 giving their evidence in chief, or that such witnesses volunteer by promoters 
 evidence, as to the prices given by the promoters, or received by admissible. 
 others, for land or by way of compensation for damage to land 
 in the neighbourhood or elsewhere. On this point a strict ride 
 
 f f2
 
 436 
 
 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 Inquisition 
 not conclusive 
 evidence of 
 plaintiff's 
 right to com- 
 pensation ; 
 
 nor that lands 
 were damaged 
 and injuri- 
 ously affected. 
 
 Defects in 
 inquisition. 
 
 Quashing 
 inquisition. 
 
 Sheriff's 
 authority to 
 
 proceed where 
 
 should be observed that no evidence of this character should 
 be admitted in chief, but that it should be admitted in cross- 
 examination. 
 
 In an action on a verdict and judgment obtained in an 
 inquisition before a sheriff's jury under the 68th section of the 
 Lands Clauses Consolidation Act, 1845, the inquisition is not 
 conclusive evidence that the plaintiff is entitled to compensation. 
 Chapman v. Monmouthshire Rail, and Canal Co., 2 H. & N. 267. 
 It was, moreover, held in Head v. Victoria and Pimlico Mail. Co., 
 32 L. J. Ex. 167, that the assessment of damages by the verdict 
 of a jury under the Lands Clauses Consolidation Act, 1845, in 
 respect of lands injuriously affected by public works, is not con- 
 clusive evidence that the lands were damaged and injuriously 
 affected ; and, therefore, in an action upon such verdict and the 
 judgment thereon to recover the damages awarded and costs, 
 the defendants are not estopped from pleading that the lands 
 and the plaintiff's interest therein were not damaged and 
 injuriously affected, but that where the damages claimed and 
 awarded exceed 50/., the defendants are estopped from denying 
 that the plaintiff was entitled to compensation to an amount 
 exceeding 50/. 
 
 An inquisition is not defective for omitting to show a previous 
 dispute or non-agreement between the parties, inasmuch as the 
 warrant and inquisition, which are to be taken together, afford 
 the necessary indication of this ; nor is it defective for omitting 
 to state that the requisite notices had been served on the plaintiff, 
 an inquisition not being defective for the omission of a fact, the 
 truth of which could not have been judicially known by the 
 party taking the inquisition, and notices, being only made 
 necessary by way of proviso in the Act, need not be alleged in 
 the inquisition. Taylor v. Clemson, 8 Jur. 833. But a defect 
 in the inquisition cannot be remedied by subsequent proceedings. 
 Rex v. Norwich and Watton Trustee*, 1 N. & P. 32 ; 2 H. & 
 W. 385. 
 
 As to quashing an inquisition before the sheriff, see The Queen, 
 v. Sheward, 5 Q,. B. D. 179 ; and Streatham and General Estates 
 Co. v. Commissioners of Public Works, Ex parte Phillips, 52 J. P. 
 615. See also In re Chelsea Waterworks Co., 10 Ex. 731 ; 24 
 L. J. Ex. 79 ; Reg. v. Halifax Board of Health, 14 L. T. 447 ; 
 and Penny v. South Eastern Rail Co., 26 L. J. Q. B. 225. 
 
 As to the sheriff's authority and obligation to proceed under 
 the original warrant where the verdict has been set aside by
 
 COMPENSATION COURT 
 
 437 
 
 the order of a superior Court, see Horrocks v. Metropolitan Rail, verdict set 
 Co., 19 C. B. N. S. 139; and Tanner v. Swindon, §c. Rail. Co., Court. 7 
 45 L. T. 209. 
 
 By sect. 51 of the Lands Clauses Consolidation Act, 1845, Costs of 
 " On every such inquiry before a jury, where the verdict of the t^bTborneT 
 jury shall he given for a greater sum than the sum previously 
 offered by the promoters of the undertaking, all the costs of 
 such inquiry shall be borne by the promoters of the undertaking ; 
 but if the verdict of the jury be given for the same or a less 
 sum than the sum previously offered by the promoters of the 
 undertaking, or if the owner of the lands shall have failed to 
 appear at the time and place appointed for the inquiry, having 
 received due notice thereof, one-half of the costs of summoning, 
 impannelling, and returning the jury, and of taking the inquiry, 
 and recording the verdict and judgment thereon, in case such 
 verdict shall be taken, shall be defrayed by the owner of the 
 lands, and the other half by the promoters of the undertaking, 
 and each party shall bear his own costs, other than as aforesaid, 
 incident to such inquiry." 
 
 Sect. 52 provides for the costs being, in cases of difference Costs, in case 
 
 of QinGrGiiCG 
 
 and on application of either party, settled by one of the masters to be settled' 
 of the Queen's Bench of England, or Ireland, according as the b F a master - 
 lands are situated, " and such costs shall include all reasonable 
 costs, charge?, and expenses incurred in summoning, impannell- 
 ing, and returning the jury, taking the inquiry, the attendance 
 of witnesses, the employment of counsel and attorneys, recording 
 the verdict and judgment thereon, and otherwise incident to 
 such inquiry." See 31 & 32 Yict. c. 119, sect. 145, as to fees of 
 masters for settling costs of proceedings for determining 
 questions of disputed compensation. 
 
 Sect, 53 provides for the payment of costs. Payment of 
 
 And see as to costs under the Lands Clauses Consolidation 
 Act, 1845, the following cases : — Walker v. London 8f Blackwall 
 Rail. Co., 7 Jur. 1154; Charlton v. Rolleston, 28 Ch. D. 237; 
 and In re an Arbitration between Holliday and Jfayor of Wakefield, 
 20 Q. B. D. 699 ; 57 L. J. Q. B. 620.
 
 438 ASSESSMENT OF DAMAGES AND COMPENSATION. 
 
 Form of Inquisition, Verdict and Judgment. 
 
 An inquisition verdict and judgment had taken and 
 to wit ) given at in the county of on the 
 
 day of in the year of our Lord 189 before me sheriff 
 
 of the county aforesaid pursuant to the Lands Clauses Consolidation 
 Act 1845 and by virtue of a warrant under the common seal of 
 to me directed and hereto annexed which warrant was 
 delivered to me on the day of 189 . 
 
 Whereas I the said sheriff did on receipt of the said warrant 
 appoint the time and place firstly hereinbefore mentioned for the 
 meeting of the special jury by the said warrant required to be 
 summoned to meet and forthwith gave to the said notice of 
 
 such appointment. 
 
 And whereas I the said sheriff did in obedience to the said 
 warrant cause a special jury to be nominated reduced and summoned 
 to meet at the time and place so appointed by me for that purpose 
 as aforesaid in the manner by the Lands Clauses Consolidation Act 
 1845 provided and required. 
 
 And whereas I the said sheriff did on the day and at the place 
 firstly hereinbefore mentioned cause the twelve special jurors who 
 first appeared on the names being called over that is to say 
 to be impannelled and sworn truly and faithfully to inquire of and 
 assess such purchase-money compensation or damage as in the said 
 warrant mentioned and deliver a verdict in such manner as by the 
 Lands Clauses Consolidation Act 1845 is required. 
 
 And whereas in the said warrant named by his counsel and 
 
 solicitor appeared and produced evidence before me and the said 
 jurors at the time and place aforesaid touching the matters in 
 questiou and the said also by their counsel and solicitor 
 
 appeared and produced evidence before me and the said jurors at 
 the same time and place touching the matters in question and at 
 the request of both the said parties I caused the said jurors to view 
 the place or matter in controversy in the manner by the Lands 
 Clauses Consolidation Act 1845 provided and required. 
 
 They the said special jurors after due inquiry and view of the 
 place or matter in controversy do upon their oaths present and say 
 that they assess and deliver a verdict for the sum of to be 
 
 paid by the said to the said for the purchase of the fee 
 
 simple in possession free from incumbrances of the lands and here- 
 ditaments required as in the said warrant mentioned and by way of 
 compensation for the damage that has been or may be sustained by 
 him by reason of the execution of the works authorized by the Act 
 of Parliament in the said warrant firstly mentioned and the exercise 
 by the said undertakers of the powers of the same Act. \Here give 
 particulars of any special terms ivhich the parties may desire to have 
 recorded '.] 
 
 Wherefore I the said sheriff do in pursuance of the Lands Clauses 
 Consolidation Act 1845 pronounce and give judgment for the said 
 sum of so assessed by the said jurors as hereinbefore 
 
 mentioned. 
 
 In witness whereof I tho said sheriff have hereunto set my 
 hand and tho seal of my office the day year and place first above 
 
 written. Esquire 
 
 Sheriff.
 
 INQUIRIES UNDER LUNACY AND SEWERS COMMISSIONS. 
 
 Fees. 
 
 As to the fees of the sheriff, &c. for assessing damages under 
 the Lands Clauses Consolidation Act, 1845, see post, pp. 510, 514, 
 under title "Sheriffs' Fees, &c." 
 
 430 
 
 III. Inquiry under Lunacy Commission. 
 
 On this subject see the Lunacy Act, 1890 (53 Yict. c. 5), 
 Part III., sects. 90—100, as qualified by the Lunacy Act, 1891 
 (54 & 55 Vict. c. 65), sect. 26, and Schedule; the Eules in 
 Lunacy, 1892 ; and generally under the sub-title " Writ of 
 Inquiry (Summoning Jury)," ante, p. 408. The sheriff's duties 
 in this case are confined to summoning a jury where the return 
 of a jury is directed. It seems customary to pay the jurors on 
 a lunacy inquisition a fee of Is. each. 
 
 IV. Inquiry under Commission of Sewers. 
 
 On this subject see 3 & 4 Will. 4, c. 22, ss. 11 and 12, as 
 partially repealed, as to sect. 12, by the Statute Law "Revision 
 Act, 1890 (53 & 54 Vict. c. 33), and generally under the sub- 
 title "Writ of Inquhy (Summoning Jury)," ante, p. 408. It 
 will be observed that in this case, also, the sheriff's duties are 
 confined to summoning a jury, and the customary fee of the jury 
 is Is. each.
 
 440 
 
 Chapter XXVIII. 
 
 ASSIZES AND SESSIONS. 
 
 PAGE 
 
 Introductory --------- 441 
 
 Assizes --------- 441 
 
 Sessions --------- 442 
 
 Heads of the Under sheriffs Duties 442 
 
 At Assizes -------- 442 
 
 At Sessions -------- 444 
 
 Precept and Publication of Assize 445 
 
 Juries - 447 
 
 Qualification and Liability to Serve - - - - 447 
 
 Exemption from Service ------ 452 
 
 Summoning -------- 455 
 
 (1.) Counties ------- 455 
 
 (2.) Cities and Boroughs, and Counties of Towns - 4G0 
 
 (3.) City of London 460 
 
 Forms of Summons ------- 463 
 
 Service of Summons ------- 464 
 
 Panels and Return to Precept 467 
 
 Arrival of the Judge or Judges, fyc. ----- 474 
 Opening of the Commission ______ 475 
 
 Church Services - 476 
 
 Attendance at Court, 8fc., during Assize Business - - 477 
 
 Jurors' Fines for Non-attendance ----- 479 
 
 Making up Deficiency of Jurors ----- 479 
 
 Balloting for Juries ------- 480 
 
 Jurors' View -------- 482 
 
 Jurors' Fire and Refreshment ------ 483 
 
 Jurors' Remuneration ------- 484 
 
 Sheriff's Certificate of Jurors' Attendance - - - - 485 
 
 Sheriff' 8 Jury and other Assize Expenses - - - - 486 
 
 Penalties on Sheriff for Neglect of Duty - - - - 486 
 
 Sheriff's Fees 486 
 
 Sheriff's Assize and Sessions Accounts - 486
 
 INTRODUCTOEY. 41 1 
 
 Introductory. 
 Assizes. 
 
 The counties and counties of cities and towns of England Assizes, when 
 and "Wales (with the exception of London and Middlesex) ^.^ ere 
 are divided into certain circuits of the judges. Judges of 
 the Queen's Bench Division, under commissions of assize, 
 oyer and terminer and gaol delivery, go round these cir- 
 cuits three times a year, usually commencing, according to 
 the Order in Council as to circuits of the 28th July, 1893, 
 in January or February, May, June, or July, and October 
 or November, and hold the winter, summer, and autumn assizes. 
 At the winter and summer assizes both civil and criminal eases are 
 tried, but at the autumn assizes only criminal business is taken, 
 except at Manchester, Liverpool, Leeds, and Swansea, where the 
 court also sits for civil business. There is also an additional 
 circuit, called the Easter Circuit, held during April and May, 
 during which spring assizes are held at Manchester, Liverpool, 
 and Leeds only, civil and criminal business being taken at 
 Manchester and Liverpool and criminal business only at Leeds. 
 For further information as to the dates and places at which the 
 assizes are held, see the Order in Council as to Circuits of the 
 28th July, 1893, and the Schedule thereto, TV. N. (1893), 
 p. 361. 
 
 With a view to provide for the more speedy trial of prisoners Power by 
 awaiting trial in counties in which it is not usual to hold winter QotmcOto 
 and spring assizes owing to such prisoners being too few in unite counties 
 number, provision is made by the Winter Assizes Acts, 1876 assizes 
 and 1877 (39 & 40 Vict, c. 57, and 40 & 41 Vict. c. 46), 
 and the Spring Assizes Act, 1879 (42 & 43 Vict. c. 1), for 
 uniting any county for the purpose of winter or spring assizes 
 with any neighbouring count}* or counties, and for extending to 
 neighbouring counties the jurisdiction of the justices and judges 
 of the Central Criminal Court at any session of oyer and 
 terminer and gaol delivery for the Central Criminal Court 
 district in the months of September, October, November, 
 December, or January. Nothing, however, in the above Acts 
 is to affect the custom of holding separate assizes in and for eaolt 
 county twice a year (42 & 43 Vict. c. 1, s. 3). The following 
 expressions in these Acts have the following meanings, viz. : — 
 "Winter assizes" means any court of assize, or any session
 
 442 
 
 ASSIZES AND SESSIONS. 
 
 of oyer and terminer or gaol delivery held in the months 
 
 of September, October, November, December, or January; 
 
 " spring assizes " means any such courts held in the months of 
 
 March, April, and May ; and " county " includes any county of 
 
 a city or county of a town, and any such division of any county 
 
 as is constituted by Order in Council under the Act 3 & 4 
 
 Will. 4, c. 71, as partially repealed by the Statute Law 
 
 Revision Act, 1890 (53 & 54 Vict. c. 33) ; and the sheriff of a 
 
 county so divided shall, for the above purposes, be deemed to be 
 
 the sheriff for such division of a county. Moreover, for all 
 
 the purposes of the holding of the winter and spring assizes the 
 
 counties so united shall, subject to the provisions of the Order 
 
 in Council providing for such union, be deemed to be one 
 
 county, and the winter and spring assizes held in and for such 
 
 united county shall be deemed to be held in and for each of the 
 
 constituent counties. 
 
 " Court of The expression "court of assize" in any Act includes the 
 
 dudes'ceniral Central Criminal Court. (Interpretation Act, 1889, 52 & 53 
 
 Criminal Vict. C. 63, S. 13 (4)). 
 
 Court. 
 
 Sessions. 
 
 Sessions, Quarter sessions of the peace for counties are held four times 
 
 often held h ° W eacn y ear > Y1Z - '• — Epiphany, Easter, Midsummer, and Michael- 
 mas ; but they may be held oftener by adjournment. Quarter 
 sessions in boroughs having grants of quarter sessions must 
 be held once in every quarter of a year, or oftener, if the 
 recorder thinks fit, or the Secretary of State directs. (Muni- 
 cipal Corporations Act, 1882, 45 & 46 Vict. c. 50, s. 165.) 
 
 Heads of the Undersheriff' s Duties. 
 At Assizes. 
 
 Duties at The following are the principal duties of the undersheriff at 
 
 assizes, viz. : — 
 
 (1.) On the sheriff's receipt of the precepts issued by the 
 judges of assize and the clerk of assize directing him 
 to summon the requisite juries, the undersheriff must 
 
 assizes.
 
 IIEADS OF THE UNDERSIIERIFF'S DUTIES. 443 
 
 publish in the local newspapers the holding of the 
 assizes in question (a). 
 
 (2.) The undersheriff must then prepare and serve the requisite 
 grand, special, and common jury summonses on the 
 persons and in the mode and at the time hereinafter 
 specified, and in connection therewith select a foreman 
 of grand jury (b). In the case of gaol deliveries only 
 grand and common jurors are, of course, required. 
 
 (3.) He must thereupon provide printed copies of the panels, 
 or lists of selected jurors, for the persons and purposes 
 hereinafter mentioned, and prepare the sheriff's return 
 to the above precepts. 
 
 (4.) — (a.) All requisite arrangements must be made by the 
 undersheriff for the judges' arrival in the town, includ- 
 ing the providing of a proper retinue, &c, and their 
 reception (c) at their lodgings (d), for the opening of 
 commission and the judges' attendance at church, if 
 desired, on Commission Day and Assize Sunday (if 
 any), and he must, along with the sheriff and other 
 officials, attend on the judges on these respective 
 occasions, 
 (b.) At the opening of the commission the undersheriff 
 must provide for the sheriff personally handing to the 
 presiding judge the above-mentioned return to the 
 precept, to which are annexed the various panels here- 
 inafter mentioned, and he must attend the church 
 service (if any), 
 (c.) Each morning of assize the undersheriff must attend 
 with the sheriff in the latter's carriage at the judges' 
 lodgings to take them to the Courts. He must be in 
 attendance there throughout the day to look after the 
 juries, to maintain order in the Courts, and to provide 
 for the judges' general requirements. Referring to 
 
 (d) The sheriff also publishes a list of the prisoners committed for trial, 
 but only where there is a combined county for assize, as to which see 
 X>ost, p. 446. 
 
 (b) In some counties it is customary for the high sheriff to provide for 
 tho attendance of the grand jury, which he does by letter, as to which see 
 post, p. 450. 
 
 (c) There is no reception of the judges at tho Central Criminal Court. 
 (»/) It seems that it is no part of the sheriff's duties in Ireland to arrange 
 
 for the judges' lodgings, as this is provided for by the Crown solicitor. 
 But it is clearly always tho sheriff's duty to see that the judges' lodgings 
 are in good order, and all the domestic arrangements satisfactory.
 
 444 
 
 ASSIZES AND SESSIONS. 
 
 the juries, it is always desirable that the undersheriff, 
 or a competent deputy, should be present in Court 
 when the names of the jury, grand and petty, are 
 called over in case any question should arise upon 
 the summonses or excuses sent by jurors for non- 
 attendance. As to insuring quietness in the Courts, 
 the judges always hold the undersheriff responsible 
 for any noise, and whilst the police actually keep order 
 in Court, they must obey the orders of the under- 
 sheriff, and are under his control. 
 (d.) The undersheriff must similarly escort the judges 
 to their lodgings at the close of each day, attend 
 the church service on Assize Sunday (if any), and 
 on the termination of the assize business, provide 
 for the judges' departure. 
 
 Duties at 
 county quar- 
 ter sessions. 
 
 Duties at 
 borough 
 quarter 
 sessions. 
 
 At Sessions. 
 
 The following are the principal duties of the undersheriff at 
 county quarter sessions, viz. : — 
 
 (1.) It 13 the duty of a county undersheriff to summon the 
 requisite grand and common jurors, for which purpose 
 the clerk of the peace forwards to him a precept, 
 signed as a rule by at least three of the county magis- 
 trates about a month before the quarter sessions. (For 
 a suitable form of jury summons, see post, p. 464.) 
 The statutory provisions relating to grand and common 
 juries, return to precept, &c, at assizes are equally 
 applicable to the summoning, &c. of like jurors for 
 quarter sessions. See, moreover, such of these provi- 
 sions as specially refer to quarter sessions. 
 (2.) The undersheriff must attend the quarter sessions for 
 delivery to the clerk of the peace of the return to the 
 above-mentioned precept. Moreover, he or reliable 
 deputies ought to be present to look after the jurors. 
 It is apparently not customary, however, for the high 
 sheriff to attend (r) . 
 In the case of borough quarter sessions no actual duties 
 devolve on the undersheriff, the duty of summoning the jurors, 
 &c, resting with the clerk of the peace. (See the Municipal 
 
 [ '1(e) InMiddlescx the Court is attended by the summoning officer.
 
 PRECEPT AND PUBLICATION OF ASSIZE. 415 
 
 Corporations Act, 1882, 45 & 46 Vict, c. 50.) It is, however, 
 customary in some places for the sheriff and undersheriff, with 
 the mayor and town clerk, as a matter of courtesy, to attend 
 the recorder on the bench during a portion of each day (/) . 
 
 Precept and Publication of Assize. 
 
 By the Common Law Procedure Act, 1852 (15 & 16 Vict. Precept by 
 c. 76), sect. 105, "The precept issued by the judges of assize to ^f^to* 
 the sheriff to summon jurors for the assizes shall direct that summon 
 the jurors be summoned for the trial of all issues, whether c ; v ii as we \i 
 civil or criminal, which may come on for trial at the assizes; and a s . crimma l 
 the jurors shall thereupon be summoned in like manner as at 
 present," 
 
 By sect, 108, " The precept issued by the judges of assize shall and special 
 direct the sheriff to summon a sufficient number of special jurymen, 8 pec j a ] j™f 
 to be mentioned therein, not exceeding forty-eight in all, to try the causes at 
 
 t . clSSLZGS. 
 
 special jury causes at the assizes ; and the persons summoned m 
 pursuance of such precept shall be the jury for trying the special 
 jury causes at the assizes, subject to such right of challenge as 
 the parties are now by law entitled to." 
 
 The following is a suitable form of the above-mentioned notice Form of 
 
 nf nssizp viz • publication 
 
 oi assize, viz. . of assize _ 
 
 Assizes, 18 . 
 
 Notice is hereby given that the Commission of Assize and General 
 Gaol Delivery for the will be opened at the on 
 
 day the day of 18 before the Honourable Sir , 
 
 Knight, one of the Judges of her Majesty's High Court of Justice, 
 Justice to our said Lady the Queen (g), when all justices of the 
 peace, mayors, coroners, cscheators, stewards, chief constables, and 
 bailiffs of hundreds and liberties within the said county, and all 
 jurors, persons bound by recognizances, witnesses and others having 
 business are required to attend. 
 
 Jurymen not attending will be fined, unless some reasonable 
 
 (/) The duties of the Secondary of the City of London in relation to the 
 Mayor's Court, the City of London Court, the Courts of Aldermen, and 
 the Courts of Common Council are outside the scope of this work. 
 
 One or two judges attend the assizes, according to the place where 
 they are held, particulars of which an undersheriff should obtain from his 
 London agent.
 
 446 
 
 ASSIZES AND SESSIONS. 
 
 Form of 
 notification 
 of prisoners 
 for trial in 
 case of com- 
 bined county. 
 
 excuse be proved by oath or affidavit as required by Act 6 Geo. 4, 
 cap. 50, s. 38. 
 
 Esquire, 
 
 Sheriff's Office, High Sheriff [or Sheriff]. 
 
 Street, 
 18 . 
 
 [In some places it seems usual to add the folloiving to the Notice 
 of Assize, viz.: "N.B. — Magistrates' clerks are requested to forward 
 depositions as early as possible to Esq., Clerk of Assize 
 
 to whom all communications relative to criminal business should be 
 addressed."] 
 
 In the case of a combined county for assize (as to which, 
 however, see ante, p. 441), a list of the prisoners removed for 
 trial should be concurrently published. This list the under- 
 sheriff obtains from the local prison authorities. The following 
 is a suitable form of such notification of prisoners for trial, 
 viz. : — 
 
 County of and City and County of 
 
 Spring Assize County, No. (to wit). 
 
 List of the prisoners committed to Her Majesty's prison at 
 for trial at the Spring Assizes for the said Spring Assize County 
 No. at the , aforesaid on day the day 
 
 of 18 before the Honourable Sir , Knight, one of the 
 
 Judges of Our Lady the Queen of the High Court of Justice (</) — 
 
 Name of Prisoner. 
 
 Offence as charged in Commitment. 
 
 And notice is hereby given that the persons bound by recog- 
 nizances to appear and prosecute or give evidence for or against 
 the above-named prisoners or any of them shall appear and prose- 
 cute or give evidence at the , aforesaid on day 
 the day of 18 at o'clock in the forenoon. 
 
 Esquire 
 High Sheriff [or Sheriff]. 
 
 This notice should be inserted in one or more leading local 
 newspapers about two or three times prior to the Commission. It 
 is usually given by the clerk of the peace in the case of quarter 
 sessions. 
 
 (</) See note (g) on previous page.
 
 juries. 447 
 
 Juries. 
 Qualification and Liability to Serve. 
 
 The qualification of grand jurors is not defined by statute, Qualification 
 but, it seems, that all gentlemen of position in the county, who jurors, 
 are not peers, may be summoned by the undersheriff. See, 
 however, the list of persons exempt from service on any jury, 
 post, p. 452. A list of the names of persons usually summoned 
 on the grand jury will have been kept by the preceding under- 
 sheriff. In the case of liberties, franchises, cities, boroughs, or 
 towns corporate, not being counties or cities, boroughs or towns 
 being counties of themselves, and which respectively possess any 
 jurisdiction, civil or criminal, the qualification is the same for 
 service on a grand, special, or common jury. Accordingly, the 
 selection of the grand jury rests solely with the sheriff in such a 
 case. 
 
 In the case of counties as distinguished from liberties, fran- 
 chises, cities, boroughs or towns corporate not being counties, or 
 cities, boroughs or towns being counties of themselves, which 
 respectively possess any jurisdiction, civil or criminal, the fol- 
 lowing statutes prescribe the qualification and liability to serve 
 on common and special juries. 
 
 By the County Juries Act, 1825 (6 Geo. 4, c. 50), s. 1, Qualification 
 "Everyman, except as hereinafter excepted (//), between the jurors, 
 ages of twenty-one years and sixty years residing in any county 
 in England, who shall have in his own name or in trust for him, 
 within the same county, ten pounds by the year above reprizes, 
 in lands or tenements, whether of freehold, copyhold, or cus- 
 tomary tenure, or of ancient demesne, or in rents issuing out of 
 any such lands or tenements, or in such lands, tenements, and 
 rents taken together, in fee simple, fee tail, or for the life of 
 himself or some other person, or who shall have within the same 
 county twenty pounds by the year above reprizes, in lands or 
 tenements, held by lease or leases for the absolute term of 
 twenty-one years, or some longer term, or for any term of years 
 determinable on any life or lives, or who being a householder 
 shall be rated or assessed to the poor rate, or to the inhabited 
 house duty in the county of Middlesex, on a value of not less 
 than thirty pounds, or in any other county on a value of not 
 
 (A) Exemption from service on juries is now provided for by tko Juries 
 Act, INTO (33 & 3-i Vict. C. 77), post, p. 452.
 
 448 
 
 ASSIZES AND SESSIONS. 
 
 Qualification 
 of county- 
 special jurors. 
 
 less than twenty pounds, or who shall occupy a house containing 
 not less than fifteen windows, shall he qualified and shall he 
 liable to serve on juries for the trial of all issues joined, in any 
 of the King's Courts of Record, at Westminster, and in the 
 superior Courts, both civil and criminal, of the three counties 
 palatine, and in all courts of assize, such issues being respectively 
 triable in the county in which every man so qualified respectively 
 shall reside, and shall also be qualified and liable to serve on 
 grand juries, in courts of sessions of the peace, and on petty 
 juries, for the trial of all issues joined in such courts of sessions of 
 the peace, and triable in the county, riding, or division in which 
 every man so qualified respectively shall reside." Under this 
 section there was a different qualification for service on juries 
 in Wales, but such distinction was abolished and such qualifi- 
 cation made the same as that of persons in England by sect. 7 
 of the Juries Act, 1870 (33 & 34 Vict. c. 77). 
 
 By sect. 20 of the County Juries Act, 1825, juries in all 
 criminal Courts are to be returned as before, " except that the 
 jurors shall be returned from the body of the county, and not 
 from any hundred or hundreds, or from any particular venue 
 within the county, and shall be qualified according to this Act." 
 As to the former method of returning juries in criminal Courts, 
 see 3 Hen. 8, c. 12. 
 
 The qualification of a common juror as prescribed by the 
 County Juries Act, 1825 (6 Geo. 4, c. 50), is not affected by 
 the Juries Act, 1870 (33 & 34 Yict. c. 77), but remains as 
 hitherto. 
 
 Sections 30 to 30 of the County Juries Act, 1825 (6 Geo. 4, 
 c. 50), relate to special juries, but the law with regard to special 
 juries is now governed by the Common Law Procedure Acts 
 of 1852 and 1854, and the Juries Act, 1870 (33 & 34 Yict. 
 c. 77). 
 
 After a provision by sect. 4 of the Juries Act, 1870, that that 
 Act shall be construed as one with the above County Juries Act, 
 1825, and any amending Act, and that such parts of the said 
 Act and of any other Act or Acts as are inconsistent with this 
 Act are thereby repealed, it is enacted by sect. 6 that " Every 
 man whose name shall be in the jurors' book for any county in 
 England or Wales, or for the couuty of the City of London, 
 and who shall be legally entitled to be called an esquire, [as to 
 who are so entitled, see footnote to this Act in Paterson's, 1870, 
 Practical Statutes, p. 324], or shall be a person of higher degree,
 
 JURIES. !!•' 
 
 or shall be a banker or merchant, or who shall occupy a private 
 dwelling-house rated or assessed to the poor rate or to the 
 inhabited house duty on a value of not loss than one hundred 
 pounds in a town containing, according to the census next 
 preceding the preparation of the jury list, twenty thousand 
 inhabitants and upwards, or rated or assessed to the poor rate or 
 to the inhabited house duty on a value of not less than fifty 
 pounds elsewhere, or who shall occupy premises other than a 
 farm rated or assessed as aforesaid on a value of not less than 
 one hundred pounds, or a farm rated or assessed as aforesaid on 
 a value of not less than three hundred pounds, shall be qualified 
 and liable to serve on special juries in every such county in 
 England and Wales, and in London respectively." 
 
 By sect. 11 the overseers are to specify the special jurors Overseers to 
 in the jury list. It is thus rendered unnecessary for the sheriff fj^^ inlist ■ 
 to keep a special jury list, and he is, indeed, prohibited from 
 doing so by sect. 15, which provides that the sheriff must and the names 
 
 i ,i « • i • n ,, • > tobe retained 
 
 no longer remove the names of special jurors ironi the jurors in j uroro ' 
 book. Moreover, by sect. 19, sub-sect. 2, post, p. 455, no person book, 
 is exempt from serving on petty juries by reason of his being on 
 any special jurors' list, or being qualified to serve as a grand 
 juror. The apparent object is to secure persons of intelligence 
 on petty juries at assizes, to provide for which object the panel 
 should consist of a suitable proportion, say a third, of persons 
 belonging to the class of special jurors. 
 
 By sect. 14, the justices at petty sessions shall certify the Decision of 
 jury lists after revision, " and the decision of such justices as to quaiinrat^n' 
 the qualifications of persons marked as special jurors in the lists of persons as 
 so revised by them shall, as respects those lists, be final." final. ' 
 
 By sect. 16, "Any special juryman summoned to serve in Special jurors 
 any one of the said superior Courts shall be qualified and f or one Court 
 be liable, in case of necessity, to serve in any other of the said Ha,lk ' u ' Berve 
 Courts as if he had been originally summoned as one of the 
 jurymen for the trial of special jury causes in such last- 
 mentioned Court." But in relation to this section see sect. 10, 
 sub-sect. 3 of this Act, post, p. 458. 
 
 As to the qualification and liability of persons to serve on Qualification 
 juries in liberties, franchises, cities, boroughs, and towns, and £ be ^ ■!* " 
 counties of cities, boroughs, and towns, sect. 50 of the County cities, 
 Juries Act, 1825 (6 Geo. 4, c. 50), enacts that — "The qualifi- and counties 
 cation hereinbefore required for jurors, and the regulations for of cltlcs > &c - 
 
 M. G G
 
 450 
 
 ASSIZES AND SESSIONS. 
 
 Qualification 
 of jurors in 
 City of 
 London 
 
 procuring lists of persons liable to serve on juries, shall not 
 extend to the jurors or juries in any liberties, franchises, cities, 
 boroughs, or towns corporate not being counties, or in any cities, 
 boroughs, or towns being counties of themselves, which shall 
 respectively possess any jurisdiction, civil or criminal; but in all 
 such j^laces the sheriffs, bailiffs, or other ministers having the 
 return of juries shall prepare their panels in the manner hereto- 
 fore accustomed : Provided always, that no man shall be im- 
 panelled or returned by the sheriffs of the City of London as a 
 juror to try any issue joined in His Majesty's Courts of Eecord 
 at Westminster, or to serve on any jury at the sessions of oyer 
 and terminer, gaol delivery, or sessions of the peace to be held 
 for the said city, who shall not be a householder, or the occupier 
 of a shop, warehouse, counting-house, chambers, or office, for 
 the purpose of trade or commerce, within the said city, and 
 have lands, tenements, or personal estate of the value of one 
 hundred pounds ; and that the lists of men resident in each 
 ward of the City of London who shall be so qualified as herein 
 mentioned shall be made out, with the proper quality or addition 
 and the place of abode of each man, by the parties who have 
 heretofore been used and accustomed in each ward to make out 
 the same respectively ; and that such shop, warehouse, counting- 
 house, chambers, or office as aforesaid, shall for the purposes of 
 this Act be respectively deemed and taken to be the place 
 of abode of every occupier thereof : Provided also, that no man 
 shall be impanelled or returned to serve on any jury for the 
 trial of any capital offence in any county, city, or place who 
 shall not be qualified to serve as a juror in civil causes within 
 the same county, city, or place ; and the same matter and cause 
 being alleged by way of challenge, and so found, shall be 
 admitted and taken as a principal challenge ; and the person so 
 challenged shall and may be examined, on oath, of the truth of 
 the said matter." 
 
 The question naturally arising out of such statutory reserva- 
 tion in respect of jury panels for cities, &c, and counties of 
 cities, &c. is : What is the meaning of " the manner heretofore 
 accustomed ? " Apparently the only unrepealed prior Act relat- 
 ing to city and borough juries is that of 23 Hen. 8, c. 13, 
 entitled " An Act for trial of murders in cities and towns," by 
 sect. 1 of which Act it is provided that " Every person and 
 persons being the king's natural subjects born, which either by 
 the name of a citizen or of a freeman or any other name doth
 
 JURIES. 451 
 
 enjoy and use the liberties and privileges of any city borough 
 or town corporate where he dwelleth and maketh his abode, 
 being worth in moveable goods and substance to the clear value 
 of forty pounds be from henceforth admitted in trial of murders 
 and felonies in every sessions and gaol delivery to be kept and 
 holden in and for the liberty of such cities, boroughs, or towns 
 corporate, albeit they have no freehold ; any Act, statute, use, 
 custom, or ordinance to the contrary hereof notwithstanding," 
 and by sect. 2, " Provided always that this Act do not extend 
 in any manner of wise to any knight or esquire dwelling, abid- 
 ing, or resorting in or to any such city, town, or borough 
 corporate ; anything in the same Act mentioned or declared to 
 the contrary hereof notwithstanding." 
 
 Sect. 36 of the County Juries Act, 1825 (6 Geo. 4, c. 50), pro- Mode of 
 vides for the striking of the special jury list in causes arising in special e jurors 
 counties of cities and towns (except the City of London) from " the ™ counties of 
 
 * ........ cities and 
 
 books or lists of persons qualified to serve on juries within such towns (except 
 counties of cities or towns. There, however, seems to be no on on ^' 
 statutory provision for keeping such above-mentioned books or 
 lists, nor any further provision for preparing jury panels or 
 revising jury lists in cities, counties of towns or boroughs, whilst 
 it appears to be the general, if not universal, practice for sheriffs 
 of provincial cities, boroughs, and counties of towns to select 
 their grand, special, and common jurors alike simply from 
 the burgess roll in the same manner as clerks of the peace 
 impanel jurors under the provisions for the summoning of juries 
 for borough quarter sessions and borough civil courts of the 
 Municipal Corporations Acts. Indeed, it is contended by an 
 experienced city undersheriff, who has carefully studied the 
 question, that such is the only and proper mode of selecting 
 jurors for provincial cities, boroughs, and counties of towns. Be 
 that as it may, it is submitted that the above question is in a 
 sufficiently unsatisfactory position to make an early amendment 
 of the law in this respect desirable. 
 
 As to the qualification of jurors for the City of London, see Qualification 
 in particular the provisions relating thereto in sect. 50 of the citvof"* "* 
 County Juries Act, 1825 (6 Geo. 4, c. 50), aide, p. 450, and London, 
 sect. 6 of the Juries Act, 1870 (33 & 34 Vict. c. 77), ante, 
 p. 448. Sect. 89 of the Local Government Act, 1888 (51 & 52 
 Vict. c. 41), which effects an adjustment of the law as regards 
 Courts, juries, sittings, and legal proceedings in Middlesex and 
 
 G G 2
 
 452 
 
 ASSIZES AND SESSIONS. 
 
 Aliens to be 
 qualified after 
 ten years' 
 domicile, but 
 not otherwise. 
 
 Convicts, un- 
 less pardoned, 
 and outlaws, 
 disqualified. 
 
 London, provides that nothing in that section shall alter the 
 qualification of persons to serve as jurors within the City of 
 London. Jurors in the City of London are liahle to serve in 
 the Royal Courts of Justice, the Central Criminal Court, the 
 quarter sessions, the Mayor's Court, the Secondary's Court, and 
 the City of London Court. 
 
 By sect. 8 of the Juries Act, 1870 (33 & 34 Yict. c. 77), 
 " Aliens having been domiciled in England or Wales for ten 
 years or upwards, if in other respects duly qualified, shall be 
 qualified and shall be liable to serve on juries or inquests in 
 England and Wales as if they had been natural born subjects 
 of the Queen ; but, save as aforesaid, no man not being a natural 
 born subject of the Queen shall be qualified to serve on juries or 
 inquests in any Court or on any occasion whatsoever." 
 
 By sect. 10 of the same Act, "No man who has been or shall be 
 attainted of any treason or felony, or convicted of any crime that 
 is infamous, unless he shall have obtained a free pardon, nor any 
 man who is under outlawry, is or shall be qualified to serve on 
 juries or inquests in any Court or on any occasion whatsoever." 
 
 Exemptions 
 under the 
 Jui-ies Act, 
 1870. 
 
 Exemption from Service. 
 
 By the Juries Act, 1870 (33 & 34 Yict, c. 77), sect. 9, " The 
 persons described in the schedide hereto shall be severally 
 exempt as therein specified from being returned to serve and 
 from serving upon any juries or inquests whatsoever; and their 
 names shall not be inserted in the lists of the persons qualified 
 and liable to serve on the same, but, save as aforesaid, no man 
 otherwise qualified to serve on such juries or inquests shall be 
 exempt from serving thereon, any enactment, prescription, 
 charter, grant, or writ to the contrary notwithstanding." The 
 following is the list of persons referred to and set out in the 
 schedule to the Act : — 
 
 " Peers. 
 
 " Members of Parliament. 
 
 " Judges. 
 
 " Clergymen. 
 
 " Roman Catholic priests. 
 
 " Ministers of any congregation of Protestant dissenters and 
 of Jews whose place of meeting is duly registered, pro- 
 vided they follow no secular occupation except that of a 
 schoolmaster.
 
 juries. 453 
 
 " Serjeant 's (/), barristers-at-law, certificated conveyancers, and 
 special pleaders, if actually practising. 
 
 " Members of the Society of Doctors of Law and advocates of 
 the civil law, if actually practising. 
 
 " Attornies (/), solicitors, and proctors (i), if actually practising 
 and having taken out their annual certificates, and their 
 managing clerks, and notaries public in actual practice. 
 
 " Officers of the Courts of Law and Equity, and of the 
 Admiralty and Ecclesiastical Courts, including therein 
 the Courts of Probate and Divorce, and the clerks of the 
 peace or their deputies, if actually exercising the duties 
 of their respective offices. 
 
 " Coroners. 
 
 " Gaolers, and keepers of houses of correction, and all sub- 
 ordinate officers of the same. 
 
 " Keepers in public lunatic asylums. 
 
 " Members and licentiates of the Royal College of Physicians 
 in London, if actually practising as physicians. 
 
 "Members of the Poyal College of Surgeons in London, 
 Edinburgh, and Dublin, if actually practising as sur- 
 geons. 
 
 " Apothecaries certificated by the Court of Examiners of the 
 Apothecaries Company, and all registered medical prac- 
 titioners and registered pharmaceutical chemists, if 
 actually practising as apothecaries, medical practitioners, 
 or pharmaceutical chemists respectively. 
 
 " Officers of the navy, army, militia, and yeomanry, while on 
 full pay. 
 
 " The members of the Mersey Docks and Harbour Board. 
 
 " The Master, Wardens, and Brethren of the Corporation of 
 Trinity House of Deptford Strond. 
 
 " Pilots licensed by the Trinity House of Deptford Strond, 
 Kingston-upon-Hull, or Newcastle-upon-Tyne, and all 
 masters of vessels in the buoy and light service employed 
 by either of those corporations, and all pilots licensed 
 under any Act of Parliament or charter for the regula- 
 tion of pilots. 
 
 " The household servants of her Majesty, her heirs awl 
 successors (/). 
 
 (/) The words in italics are repealed by the Statute Law Revision 
 (No. 2) Act, 1893 (o(i & ,J7 Vict. c. ,34).
 
 454 
 
 ASSIZES AND SESSIONS. 
 
 Additional 
 
 statutory 
 
 exemptions. 
 
 " Officers of the Post Office, commissioners of customs, and 
 officers, clerks, or other persons acting in the manage- 
 ment or collection of the customs, Commissioners of 
 Inland Revenue, and officers or persons appointed by the 
 Commissioners of Inland Revenue or employed by them 
 or under their authority or direction in any way relating 
 to the duties of inland revenue. 
 " Sheriffs' officers. 
 
 " Officers of the rural and metropolitan police. 
 " Magistrates of the Metropolitan Police Courts, their clerks, 
 
 ushers, doorkeepers, and messengers. 
 " Members of the council of the municipal corporation of any 
 borough, and every justice of the peace assigned to keep 
 the peace therein, and the town clerk and treasurer for 
 the time being of every such borough, so far as relates 
 to any jury summoned to serve in the county where such 
 borough is situate. 
 " Burgesses of every borough in and for which a separate 
 Court of quarter sessions shall be holden so far as relates 
 to any jury summoned for the trial of issues joined in 
 any Court of general or quarter sessions of the peace in 
 the county wherein such borough is situate. 
 " Justices of the peace so far as relates to any jury summoned 
 to serve at any sessions of the peace for the jurisdiction 
 of which he is a justice. 
 " Officers of the Houses of Lords and Commons." 
 The following additional persons are exempt from serving on 
 juries, viz. : — 
 
 Registrars of births, deaths, and marriages (Births and 
 Deaths Registration Act, 1837, 7 Will. 4 & 1 Yict. c. 22, 
 s. 18). 
 Persons acting as commissioners in the execution of the Income 
 Tax Acts, to whom certificates thereof have been granted by 
 the Commissioners of Inland Revenue under the Income 
 Tax Act, 1842, s. 35, so long as such certificates continue 
 in force (Customs and Inland Revenue Act, 1871, 34 & 35 
 Yict. c. 103, s. 30). 
 General commissioners and additional commissioners, to whom 
 certificates have been granted by the Board under the 
 Income Tax Act, 1842, s. 35, so long as such certificates 
 continue in force (Taxes Management Act, 1880, 43 & 44 
 Yict. c. 19, s. 40).
 
 JURIES. 455 
 
 Commissioners, officers, clerks, and other persons acting in the 
 management or service of the customs (Customs Laws Con- 
 solidation Act, 1876, 39 & 40 Yict. c. 36, s. 9). 
 Commissioners, collectors, officers, and persons employed under 
 the authority of the Commissioners in relation to Inland 
 Revenue (Inland Revenue Regulation Act, 1890, 53 & 54 
 Yict. c. 21, s. 8). 
 Persons registered under the Dentists Act, 1878, if desirous 
 of exemption (Dentists Act, 1878, 41 & 42 Yict. c. 33, s. 30). 
 Soldiers in her Majesty's regular forces (Army Act, 1881, 
 
 44 & 45 Yict, c. 58, s. 147). 
 As to exemption from serving on juries on the ground of age, Exemption 
 see the County Juries Act, 1825 (6 Geo. 4, c. 50), s. 1, ante, f age. 
 p. 447. 
 
 Formerly, by the Juries Act, 1870 (33 & 34 Yict. c. 77), s. 9, Exemption of 
 the inhabitants of the city and liberty of "Westminster were Westminster 
 exempt from serving on any jury at the sessions of the peace aboli shed. 
 for the county of Middlesex. This exemption has now, how- 
 ever, been abolished by sect. 89 of the Local Government Act, 
 1888 (51 & 52 Yict. c. 41). 
 
 By the Juries Act, 1870, s. 12, "No person whose name shall Disqualifica- 
 be in the jury book as a juror shall be entitled to be excused emptkm to 
 from attendance on the ground of any disqualification or ex- be claime 4 
 
 •n • ii' i before revi- 
 
 emption other than illness not claimed by him at or before the sion of list, 
 revision of the list by the justices of the peace, and a notice to 
 that effect shall be printed at the bottom of every jury list." 
 Sect. 9 of the Customs Laws Consolidation Act, 1876 (39 & 40 
 Yict. c. 36), which exempts commissioners, officers, clerks, and 
 other persons acting in the management or service of the customs 
 from serving on juries, expressly provides that sect. 12 of the 
 Juries Act, 1870, shall not apply to persons thereby exempted. 
 
 By sect. 19, sub-s. 2, " No person shall be exempted from Person on 
 serving as a common juror by reason of his being on any special ^!" „ t Jury 
 jurors' list, or being qualified to serve as a grand juror." exempt from 
 
 serving as 
 common 
 
 Summoning. juror. 
 
 (1.) Counties. 
 It will be observed that twenty-four grand jurors are to be Summoning 
 summoned, but it would seem that no more than twenty-three ^".^ihilT 
 can be sworn in view of the necessity of the bill being found by grand jurors. 
 a majority and of twelve being unanimous. In the case of
 
 45 b" ASSIZES AND SESSIONS. 
 
 indictments preferred in the Queen's Bench before a grand jury 
 of the county of Middlesex (as to which, see infra), the jury 
 must not, according to Short and Mellor's Practice of the 
 Crown Office, p. 182, consist of more than twenty-three or less 
 than thirteen. The mode of marshalling the grand jury seems to 
 be essentially lex non scripta, but the following order may, it is con- 
 ceived, be safely adopted, viz. : — Sons of peers, baronets in their 
 order of creation, sheriff peers (/. e., those who have served the 
 office of high sheriff), gentlemen on the rota of shrievalty in 
 order, county magistrates in order of seniority, and such others 
 as the sheriff may elect to summon. The first juryman answer- 
 ing to his name is the foreman. Grand jurors are to be sum- 
 moned in the same manner as common and special jurors, as to 
 which, see post. It is, nevertheless, customary in some counties 
 to invite the grand jurors by letter, primarily with a view to 
 thereby avoid the attendance, often from a distance, of any 
 whose services may not be ultimately required ; but the attend- 
 ance of grand jurors could not, it is conceived, be enforced under 
 this method. 
 
 Subject to the foregoing remarks respecting county grand 
 
 jurors, the following are the statutory provisions applicable to 
 
 the summoning of county jurors. 
 
 Lists of jurors After providing for the making out of lists of persons qualified 
 
 by olerkof anc l liable to serve on juries, with their residences, titles, &c, it 
 
 peace into fa enacted by the County Juries Act, 1825 (6 Greo. 4, c. 50), 
 
 "the Jurors' J f ili-iij.ii -, 
 
 Book " to be s. 12, that such lists are to be kept by the clerk of the peace and 
 
 sheriff to copied into a book to be delivered to the sheriff of the county, 
 
 or his undersheriff, within six weeks next after the close of the 
 
 quarter sessions therein mentioned, " which book shall be called 
 
 ' The Jurors' Book for the year ' (inserting the calendar 
 
 year for which such book is to be in use) ; and that every sheriff 
 
 on quitting his office shall deliver the same to the succeeding 
 
 sheriff; and that every jurors' book so prepared shall be brought 
 
 into use on the first day of January after it shall be so delivered 
 
 by the clerk of the peace to the sheriff or his undersheriff, and 
 
 shall be used for one year then next following." 
 
 Judges may By sect. 22, the judges may direct the sheriff to summon a 
 
 to be sum- 18 sufficient number of jurors to serve indiscriminately on the 
 
 moned '" criminal and civil sides, and they may also direct two sets of 
 
 criminately jurors to be summoned, one to attend at the beginning of each 
 
 on civil and assize, and the other to attend the residue thereof. The sheriff 
 criminal sides 
 
 divided into shall, in the summons to the jurors in each of such sets, specify 
 
 two sets.
 
 JURIES. 407 
 
 whether the juror named therein is in the first or second set, and 
 at what time the attendance of such juror will he required. 
 
 By sect. 43, no sheriff or other officer shall take any money Sheriff, &c, 
 or reward, either directly or indirectly, to excuse any man from * akln " mone 7 
 serving or from being summoned to serve on juries, and no persons from 
 bailiff or other officer shall summon any man to serve thereon, baUiff^nsert- 
 other than those whose names are specified in the sheriff's i n 8" names n °fc 
 warrant or mandate. Every person so offending shall be liable may be fined. 
 to be fined according to the nature of the offence. 
 
 By the Central Criminal Court Act, 1834 (4 & 5 Will. 4, Precepts of 
 c. 36), s. 4, it is provided that the sheriffs of the City of London, gjjjgj* 
 and of the counties of Middlesex, Essex, Kent, and Surrey, Criminal 
 respectively, shall execute and obey all precepts and process w bomtobe 
 which the justices and judges of the Central Criminal Court executed, 
 shall award, issue, and direct to them, and shall, whenever 
 required and commanded, summon and return from the said 
 City of London and county of Middlesex, and from the parts of 
 the said counties of Essex, Kent, and Surrey within the limits 
 of the Act, a competent number of persons qualified according 
 to law to inquire of, present, and try all offences and other 
 matters cognizable by the justices and judges of the Central 
 Criminal Court. 
 
 By the Common Law Procedure Act, 1852 (15 & 16 Yict. Precepts of 
 c. 76), s. 107, " The sheriffs of London and Middlesex respec- gj|ij£? 
 tively, shall, pursuant to a precept under the hand of a judge of Courts, by 
 any of the said superior courts, and without any other authority, executed, 
 summon a sufficient number of common jurors for the trial of 
 all issues in the superior courts of common law, in like manner 
 as before this Act ; and it shall be the duty of the sheriffs 
 respectively to apply for and procure such precept to be issued in 
 sufficient time before each term to enable them to summon the 
 jurors in manner aforesaid." Middlesex jurors, both special and 
 common, are now, however, summoned in pursuance of a letter 
 from the associate. 
 
 By sect. 112, " Where notice has been given to try by special Sp pdal jurors 
 
 .., , , , „ .. _ , „ ,, need not be 
 
 jury, either party may, six days before the first day of the summoned, 
 
 sittings in London or Middlesex, or adjournment day in UIlless no * lce 
 ° m •> -/be given by 
 
 London, or commission day of the assizes, give notice to the either party. 
 sheriff that such cause is to be tried by a special jury; and in 
 case no such notice bo given no special jury need be summoned 
 or attend, and the cause may be tried by a common jury, unless 
 otherwise ordered by the Court or a judge." In London and
 
 458 
 
 ASSIZES AND SESSIONS. 
 
 Exception as 
 to London 
 and Middle - 
 
 If special 
 jury not 
 summoned, 
 cause to be 
 tried by com- 
 mon jury. 
 
 Summoning 
 special jury 
 under old 
 
 system. 
 
 Coui't may 
 make rule or 
 order upon 
 sheriff for 
 summoning 
 
 jury- 
 
 In London 
 and Middlesex 
 not less than 
 thirty special 
 jurors to be 
 summoned for 
 each Court. 
 
 No person to 
 be summoned 
 to serve more 
 than once in 
 a year ; 
 
 nor in more 
 than one 
 Court on 
 same day. 
 
 Middlesex it seems to be now unnecessary to give notice to 
 the sheriff as, according to the Juries Act, 1870, s. 16, post, 
 not less than thirty special jurors must be summoned for each 
 Court. 
 
 By sect. 113, "In all cases where notice is not given to 
 the sheriff that the cause is to be tried by a special jury, and 
 by reason thereof a special jury is not summoned or does not 
 attend, the cause may be tried by a common jury, to be taken 
 from the panel of common jurors, in like manner as if no 
 proceedings had been had to try the cause by a special jury." 
 
 In reference to summoning a special jury under the old 
 system, which, it seems, is in some cases deemed desirable, see 
 the County Juries Act, 1825 (6 Geo. 4, c. 50), and also the 
 Juries Act, 1870 (33 & 34 Yict. c. 77), ss. 16 and 17, and Short 
 and Mellor's Practice of the Crown Office, pp. 213 — 215. 
 
 By the Common Law Procedure Act, 1854 (17 & 18 Yict. 
 c. 125), s. 59, " The several Courts, or any judge thereof, may 
 make all such rules or orders upon the sheriff or other person as 
 may be necessary to procure the attendance of a special or 
 common jury for the trial of any cause or matter depending in 
 such Courts, at such time and place and in such manner as they 
 or he may think fit." 
 
 By the Juries Act, 1870 (33 & 34 Yict. c. 77), s. 16, "In 
 London and Middlesex, on the occasion of any sittings of the 
 Superior Courts, or any of them, for the trial of issues, a 
 sufficient number of special jurymen, not less than thirty for 
 each Court, shall be summoned to try the special jury causes 
 triable at such sittings. The said jurymen shall be summoned 
 in pursuance of a precept under the hand of any one of the 
 judges of the said Superior Courts in the same manner in 
 all respects in which special jurymen are summoned in pursuance 
 of precepts issued by the judges of assize." 
 
 By sect. 19, " The following regulations shall be enacted with 
 respect to the summoning of jurors (inter alia) : — That no 
 person shall be summoned to serve on any jury or inquest 
 (except a grand jury) more than once in any one year, unless all 
 the jurors upon the list shall have been already summoned 
 to serve during such year : Provided that nothing herein con- 
 tained shall prejudice the operation of any certificate granted 
 under the County Juries Act, 1825, ss. 41 and 42 (post, 
 p. 486). No person shall be summoned or liable to serve as 
 a juror in more than one Court on the same day."
 
 JUK1KS. 
 
 459 
 
 By sect. 21, " It shall be lawful for any sheriff or other officer Sheriff to 
 to whom any precept for summoning jurors shall be addressed, kflonBasto 
 with the consent of the person or persons by whom such precept attendance 
 shall have been issued, to make regulations as to the attendance 
 of jurors during the time for which they shall be summoned, 
 and in particular as to the days on which, and the time during 
 which, they are to attend ; such regulations may be sent to any 
 juror, together with the summons requiring him to attend on 
 any jury, and when so sent shall be deemed to be part of such 
 summons." 
 
 By 35 & 36 Yict. c. 52 (An Act to regulate the summoning Grand jury 
 of Grand Juries in Middlesex), s. 1, it is provided that, " From n^not^* 
 and after the passing of this Act it shall not be necessary summoned 
 
 • P-ir-i-ii ip ±i r\ unless notice 
 
 to summon a grand jury of Middlesex to come before the Uueen i s g i ve n of 
 at Westminster in any term unless the master of the Crown busmess - 
 Office has before the fourth day of that term received notice of 
 some business, intended to be brought before them, and it shall 
 be the duty of the said master to give notice to the sheriff 
 accordingly." 
 
 By the Crown Office Eules, 188G, r. 158, " Writs of venire Venire facias 
 facias, or other writs for the summoning of juries, shall no c 
 longer be used, but the jury, whether special or common, shall 
 be taken from the list of persons summoned for the sittings or 
 assizes, and a panel shall be annexed to the record as in civil 
 cases. Either the prosecutor or the defendant may, except in Prosecutor or 
 case of felony, obtain a special jury upon giving the like notice except in ' 
 as is required in civil cases (/), and the Court or a judge may, at ft b 1 '' ny ' ma -T , 
 the instance of either party, order that a special jury be struck, jury on giving 
 as provided for by the Juries Act, 1870. And when the jury notlce - 
 has been reduced either party may draw up an order at the 
 Crown Office directing the sheriff to summon that particular 
 jury at such time and place as may be required." (For form 
 of judge's order to strike such special jury see Form No. 100 in 
 Appendix D to Rules). 
 
 With regard to trial at bar (for particulars of which see Jury to ho 
 11th ed. Stephen's Commentaries, Yol. IV.), "the Court may JJgjjtl 
 direct the jury to be summoned from the county in which the bar. 
 offence was committed, or from any other county not exempt by 
 law at any time after joinder of issue. The order for the jury 
 
 (0 As to which soe the E. S. 0. 1883, Ord. XXXVIII. r. 7 (b), (c), (d).
 
 460 ASSIZES AND SESSIONS. 
 
 shall be lodged with the sheriff of such county in sufficient 
 time for the jury to be summoned six days before the trial." 
 Crown Office Eules, 1886, r. 163. And see Short and Mellor's 
 Practice of the Crown Office, pp. 309, 310. 
 
 (2.) Cities and Boroughs and Counties of Towns. 
 
 As already intimated, jurors, grand, common, and special, 
 are, in the case of provincial cities, &c, selected by the sheriffs 
 simply from the burgess lists. As in the case of the county 
 grand jury, the first juryman answering to his name is the 
 foreman. 
 
 (3.) City of London. 
 
 List of jurors, In the month of October in each year, the Secondary issues 
 how made up. pjjj^gd. directions (according to the under-mentioned form) to 
 the aldermen, deputies, common councilmen, and ward clerks of 
 each ward in the City of London. The ward clerk then instructs 
 the ward beadle to go round the ward from house to house with 
 a copy of the jury list in force and make the necessary altera- 
 tions. The amended list is then submitted by the ward clerk 
 to the alderman, deputy, and common council of the ward at a 
 meeting in wardmote, when the list is carefully gone through, 
 such further alterations being made as may be found necessary. 
 The list is then finally settled and signed by the alderman, 
 deputy, and members of the Common Council present, and 
 transmitted to the Secondary. At present there are thirty-four 
 distinct returns of jurors in the City of London, twenty-seven 
 from wards in themselves, and seven from parishes or precincts. 
 The Secondary, on receipt of the above returns, has the names 
 of all persons entitled to be placed on the special jury by reason 
 of their being described as merchants, bankers, esquires, or rated 
 at 100/. a year, numbered consecutively, called the " Special 
 Jurors' List" (»i). All the above lists are then bound together 
 in alphabetical order, in a book which is called "The Jury Book 
 for the Year 18 ." 
 Jurors sum- The jurors — grand, special, and common — are summoned in 
 moiied by rotation, no person being summoned twice until the whole of 
 the jury list has been gone through, which, at the present time, 
 takes between three and four years, except in the case where a 
 special jury is struck under the old system, viz., by ballot. 
 
 (m) This special jury list is only mado for tho purposo of balloting.
 
 JURIES. 4f>l 
 
 Then the special jury is nominated from the entire list of special 
 jurors. 
 
 The following is the form of the Secondary's directions 
 mentioned above : — 
 
 Secondary's Office, 
 \_Address~\ 
 
 [Datel. 
 Sir, 
 
 In pursuance of the Counties Juries Act, 1825, and the Juries Act, 
 1870, you are hereby required to return to this office on or before 
 the first day of December next a list of all persons in your ward 
 qualified to serve on juries in the City of London. 
 
 The qualification by the 50th section of the Counties Juries Act, 
 1825, is being " a householder, or the occupier of a shop, warehouse, 
 counting-house, chambers or office for the purpose of trade or com- 
 merce, within the said city, and having lands, tenements, or personal 
 estate of the value of 100/." 
 
 The qualification of special jurors is defined by section 6 of the 
 Juries Act, 1870, which enacts that " Every man whose name shall 
 be in the jurors' book for any county in England or Wales, or for 
 the county of the City of London, and who shall be legally entitled 
 to be called an esquire, or shall be a person of higher degree, or 
 shall be a banker or merchant, or who shall occupy a private dwell- 
 ing-house rated or assessed to the poor rate or to the inhabited 
 house duty on a value of not less than one hundred pounds in a 
 town containing, according to the census next preceding the pre- 
 paration of the jury list, twenty thousand inhabitants and upwards, 
 or rated or assessed to the poor rate or to the inhabited house duty 
 on a value of not less than fifty pounds elsewhere, or who shall 
 occupy premises other than a farm rated or assessed as aforesaid on 
 a value of not less than one hundred pounds, or a farm rated or 
 assessed as aforesaid on a value of not less than three hundred 
 pounds, shall be qualified and liable to serve on special juries in 
 every such county in England and Wales, and in London respec- 
 tively " ; and by section 11 of the said Juries Act, 1870, it is enacted 
 that "In making out the lists of persons within their respective 
 parishes and townships qualified to serve as jurors, the overseers 
 shall specify which of such persons are, in the judgment of such 
 overseers, qualified as special jurors, and shall also specify in every 
 case the nature of the qualification and also the occupation and the 
 amount of the rating or assessment of every such person." 
 
 By sect. 8 of the Jurors Act, 1870, aliens having been domiciled 
 in England or Wales for ten years or upwards, if in other respects 
 duly qualified, are rendered liable to serve on juries or inquests. 
 
 You will distinguish persons competent as the grand from the 
 petit jurors by prefixing the letter Gr against their names («). 
 
 It is particularly requested that you will distinguish partners by 
 a circumflex and affix the number of each house opposite the juror's 
 
 (/<) Whilst there is strictly no qualification for a grand juror, hut he 
 must he selected by the sin riff at discretion, the above appears to be the- 
 custom in the City of London.
 
 462 ASSIZES AND SESSIONS. 
 
 name, and state the rating or rental where the amount is 1001. and 
 upwards per annum. 
 
 As it is desirable that the return should be accurate and as, by 
 the 13th section of the Juries Act, 1870, penalties are enacted for 
 wrongly inserting or omitting the names of persons in your return, 
 your attention is directed to the following exemptions from serving 
 on juries by the 9th section of the above Juries Act, 1870, and the 
 schedule therein given, the tenor of which schedule is as follows : — 
 
 Schedule. 
 
 \_Here follows the list of persons so exempt in the schedule to the 
 Juries Act, 1870, as to which see ante, p. 452.] 
 
 Persons under the age of twenty-one j^ears and above sixty years 
 are not duly qualified and should be omitted from your return. 
 
 As the returns from the several wards are required to be bound 
 into one book, it is proper that they should be made upon paper of 
 uniform size ; it is therefore expedient that you use foolscap of a 
 size corresponding with this letter. 
 
 I have the honour to be 
 
 Sir, 
 Your most obedient servant 
 
 \_Signed~\ 
 
 Secondary of the City of London. 
 
 N.B. — The Secondary is directed, in forwarding the above letter, 
 to add the following extract of the report of the General Purposes 
 Committee agreed to by the Court of Aldermen : — 
 
 "That the ward clerk should make out, or procure to be made 
 out, on his responsibility, r a list of all persons liable to serve on juries 
 within his ward with a correct description of their residence, calling 
 and business. 
 
 "That for the purpose of enabling him to do so, he shoidd be 
 authorized and directed to require the ward beadle, or other com- 
 petent person, yearly to go from house to house throughout the 
 ward to procure the necessary information. 
 
 "That such return should include the names of all partners in 
 any firm, it being the custom in several wards to return the name 
 of one partner only in a firm, though this practice is manifestly 
 illegal, the statute requiring that all persons who are liable to serve 
 should be returned. To lessen the inconvenience to parties as far 
 as possible, it is the practice of the Secondary to summon only one 
 of such partners to attend at the same time on any grand, special, 
 or petit jury. 
 
 " That the ward clerk should be careful to exclude from such list 
 of jurors the names of all persons above the age of sixty, likewise 
 such as are suffering from permanent illness or incapacity, and also 
 such as are disqualified or excused by reason of being aliens (unless 
 domiciled in England for ten years or upwards), or keeping a post 
 office, or for any of the causes mentioned in the Juries Act, 1870, or 
 being a commissioner of incomo and property tax (see 34 & 35 Vict. 
 c. 103, s. 30), or being a dentist registered under the Dentists Act, 
 1878 (see sect. 30), and not desiring to serve on juries. 
 
 ' ' That the alderman, deputy and common council of the ward
 
 JURIES. 
 
 should go carefully through such list so to be submitted to them by 
 the ward clerk and reviso the same and state the qualification of 
 each person, denoting whether a grand or petit juror, and properly 
 describing such persons as they think should be placed on the list 
 of special jurors according to the statute. 
 
 " The list then to be signed and transmitted to the Secondary." 
 
 Forms of Summons. 
 1. Summons by Sheriff to Jury for Assizes (o). 
 
 County of 
 [or City of ](;;). To 
 
 To wit. 
 Greeting. — By virtue of a precept to me directed from [here set 
 out name and title of judge or judyes~\ and of "The Juries Act, 1862" 
 I do hereby summon and require you personally to be and appear 
 before her Majesty's said judge [or judges] and others his [or their] 
 fellow justices aforesaid at the Assizes to be holden at the 
 
 in in and for the said county [or city] of on day 
 
 the day of next at of the clock in the noon 
 
 precisely, then and there to serve as a [grand, special, or common] 
 juror for the trial of all issues which may come on for trial at the 
 said assizes, and you are required to remain in attendance during 
 each day of the sitting of the Court until the business is finished. 
 
 Herein you are not to fail. Given at under the seal of my 
 
 office this day of in the year of our Lord, one thousand 
 
 eight hundred and 
 
 Sheriff of 
 
 Sheriff's Office, 
 Street 
 
 Notice as to Excuses. 
 
 The judge in pursuance of the Act of Parliament will impose such 
 fine as his Lordship shall think proper upon all jurors absent without 
 his Lordship's leave. In case a juror claims to be exempt in conse- 
 quence of previous service he must immediately transmit the certifi- 
 cate of such service to the undersheriff. If a juror through illness 
 cannot attend the Court, such juror, or his medical attendant, must 
 make affidavit of the fact before a magistrate and transmit the same 
 to the undersheriff. The affidavit need not be written on a stamp 
 and the Court will not receive either a statutory declaration or a 
 medical certificate that is not sworn to. 
 
 "'•'"... * By sect. 12 of the Jurors Act, 1870, it is enacted as follows: — 
 "No person whose name shall be in the jury book as a juror shall 
 be entitled to be excused from attendance on the ground of any dis- 
 qualification or exemption other than illness not claimed by him at 
 or before the revision of the list by the justices of the peace, and a 
 notice to that effect shall be printed at the bottom of every jury 
 list." 
 
 (o) In somo places the grand, special, and common jurors are summoned 
 by the bailiff under precept from his sheriff, necessary forms for which 
 can be obtained. 
 
 (p) This form is suitable for both counties and cities. 
 
 4G3
 
 464 
 
 ASSIZES AND SESSIONS. 
 
 Certificates of Service. 
 
 By 6 Geo. 4, e. 50, s. 40, it is enacted that "every man so sum- 
 moned, and having- duly attended or served until discharged by the 
 Court shall (upon application by him made to such sheriff or under- 
 sheriff, before he shall depart from the place of trial), receive a 
 certificate testifying such his service, which certificate the sheriff or 
 undersheriff is hereby required to give on payment of one shilling : 
 provided always, that nothing herein contained shall extend to any 
 grand jurors or special jurors." 
 
 2. Swnmons by Sheriff to Jury for Quarter Sessions (q). 
 
 County of .To 
 
 To wit. 
 
 Greeting. — By virtue of a precept to me directed from two of the 
 justices of our Lady the Queen assigned to keep the peace of our 
 said Lady the Queen in the said county and also to hear and deter- 
 mine divers felonies, trespasses, and other misdemeanours done and 
 committed in the said county, and of " The Juries Act, 1862," I do 
 hereby summon and require you personally to be and appear at the 
 next general quarter sessions of the peace to be holden at in 
 
 and for the county of on the day of now 
 
 next ensuing at of the clock in the noon precisely then 
 
 and there to serve as a grand [or petty] juror and to inquire into 
 and do all those things which then and there on the part and behalf 
 of our said Lady the Queen shall be enjoined you. 
 
 Herein you are not to fail. Given at under the seal of my 
 
 office this day of in the year of our Lord one thousand 
 
 eight hundred and 
 
 Sheriff of 
 
 Sheriff's Office, 
 Street, 
 
 *#* Certificates of the illness of jurymen, as excuses for non- 
 attendance, will in no case be allowed without affidavit or proof 
 upon oath in open Court verifying the same. 
 
 * # * By sect. 12 of the Jurors Act, 1870, it is enacted as follows: — 
 "No person whose name shall be in the jury book as a juror shall 
 be entitled to be excused from attendance on the ground of any dis- 
 qualification or exemption other than illness not claimed by him at 
 or before the revision of the list by the justices of the peace, and a 
 notice to that effect shall be printed at the bottom of every jury 
 list." 
 
 \_In these forms the icords "Jury Summons" must be legibly written 
 or printed on the same side of the summons as the address.^ 
 
 How long 
 summons to 
 
 be served 
 before date of 
 attendance. 
 
 Service of Summons. 
 
 T>y the County Juries Act (6 Geo. 4, c. 50), sect. 25, " The 
 summons of every man to serve on juries, not being special 
 juries, in any of the Courts aforesaid, shall be made by the 
 
 (7) Sec preceding note (0) as to summoning of jurors by bailiff.
 
 JURIES. 465 
 
 proper officer ten days at the least before the day on which the 
 juror is to attend, hy showing to the man to he summoned, or 
 in case he shall be absent from the usual place of his abode, by 
 leaving with some person there inhabiting, a note in writing, 
 under the hand of the sheriff or other proper officer, containing 
 the substance of such summons ; and the summons of every man 
 to serve on special juries in any of the Courts aforesaid shall be 
 made by the like persons, and in the like manner as aforesaid, 
 three days at the least before the day on which the special juror 
 is to attend : Provided always, that this Act shall not recpiire 
 any longer time for summoning any jurors in the City of 
 London or county of Middlesex than has been heretofore by 
 law required." In view, however, of the repeal by virtue of the 
 Juries Act, 1870, of any inconsistent portions of the County 
 Juries Act, 1825, it would seem that, subject to the above reser- 
 vation as to summoning jurors in the City of London and county 
 of Middlesex, six days is now the statutory limit for service of 
 jury summonses. See sect. 20 of the Juries Act, 1870, post, 
 p. 466. 
 
 By sect. 11 of the Juries Act, 1862 (25 & 26 Yict. c. 107), it All jurors 
 is provided that, " Any person liable to serve on any jury may ^one/by 111 " 
 be summoned as heretofore, or in the manner following ; that post, 
 is to say, the sheriff or other proper officer may make out a 
 summons and affix the seal of his office thereto, and such 
 summons, having the words ' jury summons ' legibly written or 
 printed on the same side as the address, may be sent open by 
 the post, prepaid, and directed to the person so required to servo 
 as juror at his place of abode as described in the 'jurors' book,' 
 which said summons, together with a duplicate endorsed with 
 the name and address of the juror to whom the original 
 summons is directed, shall be taken to the postmaster of any 
 post office where money orders are received or paid, within such 
 hours as shall have been previously agreed upon at such post 
 office, and under such regulations with respect to the registration 
 of such summons and the fee to be paid for such registration 
 (which fee shall in no case exceed twopence over and above the 
 ordinary rate of postage) as shall from time to time be made by 
 the Postmaster-General in that behalf ; and in all cases in which 
 such fee shall have been duly paid the postmaster shall compare 
 the address of the said summons with that of the duplicate, and 
 on being satisfied that they are alike shall forward the summons 
 
 m. ir n
 
 ASSIZES AND SESSIONS. 
 
 Juror not 
 liable for non- 
 attondance, 
 unless sum- 
 mons served 
 six days 
 before day of 
 attendance. 
 
 to its address by the post, and shall return the duplicate to the 
 party bringing the same, duly stamped with the stamp of the 
 said post office ; and the production by the party who posted 
 such summons of such stamped duplicate shall be evidence of 
 the summons having been delivered at the dwelling-house of the 
 person whose name and address is thereon endorsed, at the 
 place mentioned in such endorsement, on the day on which such 
 summons would, in the ordinary course of post, have been 
 delivered, provided it shall appear that the same was not 
 returned by the Post Office as undelivered ; and any summons 
 sent by the post as before mentioned, and not so returned as 
 undelivered, shall be considered in all respects as duly served ; 
 and in the event of any person to whom any summons shall be 
 addressed being ascertained to be dead, or to have permanently 
 left the place to which such summons is addressed, the post- 
 master or letter carrier of the place in which the summons shall 
 then be shall endorse thereon the reason of the non-delivery 
 thereof, and forward the same in the usual course of post to the 
 Returned Letter Office in London in order that it may be 
 returned to the sender : provided always, that when any 
 summons shall be served by post under the provisions of this 
 Act, two additional days shall be allowed for the transmission 
 of such summons by post, over and above the number of days 
 required by law for the service of a summons, before the day on 
 which the juror is required to attend." But by sect. 14, 
 " Nothing in this Act contained shall alter or affect the mode 
 of procedure heretofore pursued in the making out of jury lists 
 or the summoning of jurors in the City of London." The above 
 mode of service is now generally adopted. 
 
 By the Juries Act, 1870 (33 & 34 Yict. c. 77), sect. 20, "No 
 juror shall be liable to any penalty for non-attendance on any 
 jury unless the summons requiring him to attend be duly served 
 six days at least before the day on which he is required to 
 attend, but no longer period than such six days shall in any 
 case be required between the service and such last-mentioned 
 day."
 
 PANELS AND RETURN TO PRECEPT. 467 
 
 Panels and Return to Precept. 
 
 The jury panels are the lists of jurors selected by the sheriff, 
 and are, therefore, in that sense connected with his summoning 
 the jurors. It is, however, deemed advisable to place the sub- 
 ject of " panels " under a separate and subsequent head to that 
 of " summoning " the jurors, and in conjunction, moreover, 
 with the sheriff's return to the precept. 
 
 By the County Juries Act, 1825 (6 Geo. 4, c. 50), s. 14, it is Juries to be 
 enacted, " That every sheriff, upon the receipt of every precept S^t ^° 
 for the return of jurors, shall return the names of men contained by sheriff, 
 in the jurors' book for the then current year, and no others : — 
 Provided always, that if there shall be no jurors' book in 
 existence for the current year, it shall be lawful to return jurors 
 from the jurors' book for the year preceding." 
 
 Sect. 21 provides that a copy of the panel shall be delivered Copy of panel 
 to persons indicted for high treason, subject to certain excep- to parties 
 tions therein mentioned, ten days before the trial. Similar ™ dlcted for 
 
 , high treason. 
 
 provisions are also made by 7 & 8 Will. 3, c. 3, s. 7 ; 7 Anne, 
 c. 21, s. 14 ; and 3 Geo. 3, c. 53, s. 3. 
 
 Judges of assize, &c, by sect. 22, may direct the sheriff to Judges of 
 summon and impanel jurors to serve indiscriminately on the ^5 direct 
 civil and criminal sides. same panel 
 
 By sect. 39, the sheriff is indemnified for impanelling and criminal sides, 
 returning any man named in the jurors' book, although he may Sheriff in- 
 not be qualified or liable to serve on juries ; but the sheriff returning any 
 is liable to be fined by the Court if he wilfully impanel and unqualified 
 return any man to serve on any jury before any of the courts in in jurors' 
 England or Wales (except on the grand jury at any assizes or 
 great sessions) whose name is not in the jurors' book. 
 
 The sheriff is not entitled to exempt anyone from service, and Sheriff not 
 in some places a notice to that effect is added to the summons. ^ em pt any- 
 It is not, however, unusual for the undersheriff to excuse ono from 
 
 ssrvico 
 
 attendance for good cause shewn, provided the panel be not 
 made up and the juror undertakes to serve on a future occasion 
 when summoned ; but in such case the undersheriff should keep 
 in view the minimum number of jurors required for the panel. 
 
 By the Common Law Procedure Act, 1852 (15 & 16 Vict. Printed panels 
 c. 76), sect. 106, " A printed panel of the jurors summoned ^ 8pec ^j 
 shall, seven days before the commission day, be made by the J ur " ls to be 
 sheriff, and kept in the ofiiee for inspection ; and a printed copy Bherifi and 
 
 H H 2
 
 1G8 
 
 ASSIZES AXD SESSIONS. 
 
 annexed to 
 record. 
 
 Officer or 
 servant of 
 sheriff not to 
 be returned 
 in panel. 
 
 Sheriff's 
 return to 
 precept. 
 
 of such panel shall be delivered by the sheriff to any party 
 requiring the same, on payment of one shilling ; and such copy 
 shall be annexed to the Nisi Prius Record." A similar pro- 
 vision as to the printing of the panel seven days before the 
 first day of each sittings, &c, is made by sect. 107 with regard 
 to the sheriffs of London and Middlesex. By sect. 108, " A 
 printed panel of the special jurors shall be made, kept, delivered, 
 and annexed to the Nisi Prius Pecord, in like time and 
 manner and upon the same terms as hereinbefore provided with 
 reference to the panel of common jurors." A similar provision 
 is made as to London and Middlesex by the Juries Act, 1870 
 (33 & 31 Vict. c. 77), sect. 16. Touching the above-mentioned 
 printed copies of the jury panels, the undersheriff should 
 promptly furnish his London agents with a supply of such 
 copies (say twelve each of the special and common jury panels) 
 in connection with causes entered in London, it being necessary 
 to attach copies of such panels to the pleadings. 
 
 By the Sheriffs Act, 1887 (50 & 51 Vict, c, 55), sect. 12, 
 " A sheriff or any officer of a sheriff shall not return in any 
 panel for an inquest or jury any officer or servant of the sheriff 
 or of such officer." 
 
 The sheriff's return to the precept consists of the following 
 panels, viz. : — 
 
 (1.) The precepts of the judges and clerk of assize duly 
 
 endorsed in the forms (a) and (b) infra. 
 (2.) The names of persons summoned to serve on the grand 
 jury, with their places of abode, &c, in form (c) infra. 
 (3.) The names of persons summoned to serve on the special 
 and petty juries with names alphabetically arranged 
 in forms (d) and (e) infra. 
 (4.) The names of the magistrates, mayors, coroners, es- 
 cheators, stewards, chief constables, bailiffs of hundreds 
 and liberties, and sheriffs' officers of the different 
 hundreds, as also the names of the sheriff and the 
 governor of the gaol, in form (f) infra. In the case of 
 a city or borough or county of a town add the names 
 of the town clerk and coroner, and in that of a county 
 of a city or town having any civil or criminal juris- 
 diction, add the name of the recorder. 
 In the case of quarter sessions, it is not customary for the 
 sheriff to endorse any formal return on the precept. The jury 
 panels are annexed thereto and handed over by the undersheriff
 
 PANELS AND RETURN TO PRECEPT. 469 
 
 at the opening of the court, this being considered a sufficient 
 return. 
 
 The following are suitable forms of return to the precepts : — Forms of 
 
 return, 
 (a) To be endorsed on back of Judge's Precept. 
 
 The county [or city] of . Assizes, 18 . 
 
 The return of this precept appears in certain panels hereto 
 annexed. 
 
 Esrpiire 
 
 High Sheriff [or Sheriff]. 
 Or, 
 
 By virtue of this precept to me directed I have caused to come 
 before the justices within named and their fellow justices within 
 mentioned 2 1 as well knights as other good and lawful men of my 
 bailiwick to do and receive all things which on behalf of our Lady 
 the Queen shall be then and there enjoined them as within I am 
 commanded. The residue of the execution of this precept appears 
 in a certain panel to the same annexed. 
 
 The answer of 
 
 ■ Esquire 
 
 Sheriff. 
 
 (b) To be endorsed on back of Clerk of Assize's Precept. 
 
 The execution of this precept appears by the panels hereunto 
 annexed. And I have caused to be publicly proclaimed throughout 
 my whole bailiwick that all who shall prosecute against those 
 prisoners be then and there to prosecute against them as shall be 
 just. I have also given notice to all justices of the peace, mayors, 
 coroners, escheators, stewards and also to all chief constables and 
 bailiffs of every hundred and liberty within my county that they 
 be then and there in their own person with their rolls, records, 
 indictments and other remembrances to do those things which to 
 their offices in this behalf appertain to be done as is within com- 
 manded. The residue of the execution of this precept appears in 
 certain schedules to the same annexed. 
 
 The answer of 
 
 Esquire 
 
 Sheriff. 
 
 (c) Grand Jury Panel for Assizes. 
 
 Tho county [or city] of , Assizes 18 . 
 
 County of ) The names (?•) of the jurors to enquire between 
 
 [or ! Our Sovereign Lady the Queen and the body of 
 
 City of ) tho said county. 
 
 To wit. 
 
 (Foreman) 1 of Esquire 
 
 2 of Esquire 
 
 [and so on tip to 24] 
 
 Esquire 
 
 Sheriff. 
 
 (r) As to the order in which the names of the grand jury should appear 
 on the panel, see ante, p. -J ■"»<>.
 
 470 ASSIZES AND SESSIONS. 
 
 Or, 
 
 Names (?•) of the grand jurors to enquire for Our Lady the Queen 
 for the body of the county of at the assizes and general 
 
 session of oyer and terminer and gaol delivery to he holden 
 at the Courts in and for the county [or city] of on 
 
 the clay of 18 before [auclj [one of] the 
 
 judge [s] of Her Majesty's High Court of Justice assigned to 
 deliver her gaol of the said county. 
 
 (Foreman) 1 of Esquire 
 
 2 of Esquire 
 
 [and so on up to 24] 
 
 Esquire 
 
 Sheriff. 
 
 (d) Special Jury Panel for Assizes. 
 
 County of l A panel of jurors to try the Special Jury 
 
 [or City of ] > Causes at the Assizes to be holden at the 
 
 To wit. ) Courts in and for the county [or city 
 
 of on the day of 18 before [and* 
 
 [one of] the judge [s] of Her Majesty's High Court of 
 Justice and others his [or their] fellow justices. 
 
 (Name) (Address) (Occupation) 
 
 1 
 
 2 
 
 3 
 
 [and so on up to 48] 
 
 Issues on every one of them One hundred shillings 
 
 Esquire 
 
 Sheriff. 
 
 By sect. 12 of the Jurors Act, 1870, it is enacted as follows: — 
 " No person whose name shall be in the Jury Book as a juror shall 
 be entitled to be excused from attendance on the ground of any 
 disqualification or exemption other than illness not claimed by him 
 at or before the revision of the list by the Justices of the Peace." 
 
 (e) Common Jury Panel for Assizes. 
 
 County of ) A panel of jurors for the trial of all issues 
 
 [or City of ] > whether civil or criminal which may come on 
 
 To wit. ) for trial at the Assizes to be holden at the 
 
 Courts in and for the county [or city] of on the 
 
 day of 18 before [and] [one of] the 
 
 (r) As to the order in which tho names of the grand jury should appear 
 on the panel, see ante, p. 456.
 
 PANELS AND RETURN TO PRECEPT. 471 
 
 judge [s] of Her Majesty's ITigh. Court of Justice and others his 
 [or their] fellow justices. 
 
 (Name) {Address) [Occupation) 
 
 1 
 
 2 
 
 3 
 
 [and so on up to 72 (s)] 
 
 Issuos on every one of them One hundred shillings 
 
 Esquire 
 
 Sheriff. 
 
 By sect. 12 of the Jurors Act, 1870, it is enacted as follows: — 
 " No person whose name shall be in the Jury Book as a juror shall 
 be entitled to be excused from attendance on the ground of any 
 disqualification or exemption other than illness not claimed by him 
 at or before the revision of the list by the Justices of the Peace." 
 
 (f) Calendar of Justices of the Peace, fyc. 
 
 County of ) A calendar of the justices of the peace, 
 
 To wit. i mayors, coroners, escheators, stewards, chief 
 constables and bailiffs of hundreds and liberties within the county 
 of summoned to be at the assizes and session of oyer and 
 
 terminer and gaol delivery to be hold en at in and for the 
 
 said county of on the day of in the 
 
 year of the reign of Our Sovereign Lady Victoria by the grace of 
 God of the United Kingdom of Great^ Britain and Ireland, Queen, 
 Defender of the Faith. 
 
 The Names of the Justices. 
 
 The Names of the Coroners. 
 
 [ Baronets 
 
 > Knights 
 
 > Esquires 
 Clerks 
 
 Esquires 
 
 The Names of the Stewards of Liberties. 
 
 (s) See sect. 15 of the County Jurios Act, 1825. It is, however, usual 
 to only summon up to 48.
 
 4~2 ASSIZES AND SESSIONS. 
 
 The Names of the Mayors. 
 
 Mayor of 
 
 Mayor of 
 
 The Name of the Chief Constable of the County. 
 The Names of the Sheriff's Bailiffs. 
 
 The Governor of Her Majesty'' s Prisoti at 
 
 Esquire 
 
 High Sheriff. 
 
 The clerk of the peace supplies the list of magistrates, and in 
 some places the names of the coroners and the bailiffs are 
 written on a separate piece of parchment, and annexed to the 
 panels and precepts as follows : — 
 
 (g) List of Coroners and Bailiffs. 
 
 County of Assize 18 . 
 
 Names of Coroners. 
 
 Names of Bailiffs. 
 
 (h) List of Magistrates and Officials. 
 
 The City of 
 
 Assizes, 18 . 
 
 Mayor 
 
 Sheriff 
 
 Coroner .... 
 Recorder .... 
 Town Clerk . . 
 Under Sheriff 
 
 Justices of the Peace. 
 
 Esquire 
 
 Sheriff. 
 
 Tanels, how The panels are to be attached to the precept and should be 
 ut> andUto 11 mfl( ^ n on parchment. They may either be in writing or printed. 
 
 wi om de- The sheriff himself shoidd hand the precept with the return 
 livered.
 
 PANELS AND RETURN TO PRECEPT. 
 
 473 
 
 duly endorsed and such annexed panels to the judge on the 
 opening of the commission. Paper copies are delivered to the 
 judge's associate and the clerk of assize in civil cases. 
 
 (k) Grand Jury Panel for Sessions. 
 Sessions 18 
 
 ) The names of the jurors to enquire between 
 j Our Sovereign Lady the Queen and the body of 
 
 County of 
 
 to wit. 
 the said county at the General Quarter Sessions of the Peace to be 
 holden at the , on day, the day of 
 
 18 . 
 
 Number 
 
 Grand Jurors 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 [$-c. up to 24] 
 
 of Esquire 
 
 of Esquire 
 
 of Esquire 
 
 of Esquire 
 
 of Esquire 
 
 Esquire 
 
 Sheriff. 
 
 (1) Petty Jury Panel for Sessions. 
 
 Sessions 18 . 
 
 County of ) The names of the jurors to enquire between 
 
 to wit. j Our Sovereign Lady the Queen and the prisoners 
 of the said county at the General Quarter Sessions of the Peace to 
 be holden at the , on day the day of 
 
 18 . 
 
 Number 
 
 
 Petty Jurors 
 
 Occupation. 
 
 1 ... 
 
 
 of 
 
 
 2 ... 
 
 
 of 
 
 
 3 . .. 
 
 
 of 
 
 
 4 ... 
 
 
 of 
 
 
 5 ... 
 
 
 of 
 
 
 \Jfc up to I'l 
 
 !(')] 
 
 
 Esquire 
 
 Sheriff. 
 
 (t) See sect. 15 of the County Juries Act, 182.3. It is, however, 
 customary only to summon up to 48.
 
 474 
 
 ASSIZES AND SESSIONS. 
 
 Interpretation 
 of expres- 
 sions. 
 
 Undershe- 
 riff's duties 
 on receipt of 
 precept. 
 
 Arrival of the Judge or Judges, &c. 
 
 It will be observed that in dealing with this branch of his 
 subject the writer refers throughout to the case of county and 
 city assize, hereafter for brevity called " a joint assize," and that 
 he alludes to "a judge or judges." His reason for this, with 
 regard to such joint assize, is that, on the general principle of 
 the greater including the less, the reader can the more readily 
 ascertain the requisite duties, precedence, &c. in the case of a 
 county or city assize, whilst the reference to "a judge or judges" 
 arises from the fact that at certain assizes only one judge attends, 
 and at other assizes two judges. (See foot-note, ante, p. 445.) 
 Again, the word " city " has been used throughout for conveni- 
 ence ; but in cases where assizes are held for counties of towns 
 or boroughs, the words " town " or " borough " must be sub- 
 stituted. 
 
 The undersheriff is, on his receipt of the judge's precept, 
 generally informed by the clerk of assize of the dates of the 
 judge or judges' intended arrival, opening of the commission, 
 and first sitting in Court. The undersheriff should, for his 
 guidance in connection with the jurors' attendance, communi- 
 cate with the associate as to the days on which it is intended to 
 take common and special jury causes. The judge's associate 
 sometimes, too, requests the undersheriff to publish any parti- 
 cular regulations for trial, which the judge or judges may desire 
 enforced at the ensuing assizes. 
 
 On his receipt of the above precepts, the undersheriff should — 
 
 (a) Inform his high sheriff and the governor of the gaol, to 
 
 whom he should also supply the proper titles of the 
 judge or judges, or, in the case of a city, his sheriff and 
 the mayor and any other municipal authority, like 
 the town clerk, whom it may be customary to keep 
 informed of the assize arrangements. 
 
 (b) Provide for the high sheriff's carriage to take the high 
 
 sheriff and himself, or, in the case of a city, the sheriff's 
 or mayor's carriage (whichever it may be customary to 
 use), to take his sheriff, as also, in the. case of a city, 
 the mayor and himself to meet the judge or judges on 
 their arrival. 
 
 (c) Arrange any church service the judge or judges may 
 
 require on arrival, first having communicated with the 
 judge's clerk for such purpose.
 
 OPENING OF THE COMMISSION. 47-3 
 
 (d) Provide for the requisite police guard on the judges' 
 
 arrival (w), aud mounted police escort during the 
 assize. 
 
 (e) Engage and see to the proper clothing and equipment of 
 
 the sheriff's trumpeters, liveried servants, and, where 
 used, javelin men. By 22 & 23 Vict. c. 22, s. 18, 
 justices may direct police to keep order in Court of 
 Assize to the consequent exoneration of the high sheriff 
 providing any javelin men or other liveried men 
 servants at the assizes. It is, nevertheless, customary 
 for the sheriff to have suitable liveried men servants. 
 
 (f) See to the judges' lodgings being ready for them on their 
 
 reception (x). 
 
 (g) Provide stationery, &c. for the Courts, and judges' 
 
 lodgings. 
 On the arrival of the judge or judges at the station, the high Order of pre- 
 sheriff, in the case of a joint assize, takes precedence over the arrival of 
 mayor and city sheriff on the platform. The following may be J u(i e es - 
 taken as the proper order of procession between the station 
 platform and carriages, viz. : — 
 
 Criers and attendants. 
 
 County and city undersheriffs. 
 
 Mayor. 
 
 City sheriff. 
 
 High sheriff's chaplain (//) (where there is one) . 
 
 High sheriff. 
 
 Judge or judges. 
 
 sion. 
 
 Opening of the Commission. 
 
 The judge or judges may open the commission either on their Opening of 
 arrival or defer doing so till the following morning, proceeding 
 in the latter case immediately afterwards with the business of 
 the assize. If the county commission is, in the case of a joint 
 
 («) In Ireland the undorsheriff sends in a requisition to the police and 
 military to attend at a particular time to receive the judges. 
 
 (x) At Newcastle-upon-Tyne and Bristol board is also provided for the 
 judges by the corporation, but these would seem to be the only places 
 where this is done. 
 
 (y) It is customary for the high sheriff to provide his chaplain's robes.
 
 476 ASSIZES AND SESSIONS. 
 
 assize, opened first, the judge or judges are taken by the high 
 sheriff and his undersheriff in the high sheriff's carriage from 
 the station to the judges' lodgings and then to the Courts (s) . 
 If on the other hand the city commission is first opened, then 
 the city sheriff with his undersheriff takes charge of the judge 
 or judges for a like purpose (a), and when the city commission 
 is opened, the city sheriff hands over the judge or judges to the 
 high sheriff. The judge or judges always sit facing the horses, 
 and the other occupants of the carriage must sit opposite and 
 remain uncovered. 
 
 The judge or judges either rohe at the station on arrival or 
 at their lodgings according to the time at their disposal, and it 
 is desirable for the undersheriff to previously ascertain their 
 intentions as to this from their clerks so as to arrange ac- 
 cordingly. 
 
 In the case of the county commission, the high sheriff sits on 
 the right of the presiding judge and the undersheriff on his 
 right ; and in the case of the city commission, the city sheriff 
 sits on the right, the mayor on the left, of the presiding judge, 
 and the city undersheriff on the right of the city sheriff. 
 
 On reaching the bench, all in Court stand up until the 
 proclamation is read, and the clerk of assize asks the high or 
 city sheriff (as the case may be) for his return to the judge or 
 judges' precept, which return, prepared as previously mentioned 
 and neatly rolled up, the undersheriff hands to the sheriff, by 
 whom it is handed to the judge or judges. 
 
 The commission is then formally opened. 
 Swearing and After the opening of the commission, the first thing is to call 
 charging er ^ swear j n ^] ie o Ta nd jury, county or city. The pre- 
 
 grand jury. ° J J ' J J A 
 
 siding judge then charges the county and city grand juries, the 
 grand jurors standing during the delivery of the charge. 
 
 Church Services. 
 
 Where held. A church service must, if desired, be arranged for the judge 
 or judges. The church must be one within the precincts and is 
 usually the principal church of the place. 
 
 (z) Where the high sheriff has a chaplain the latter only accompanies 
 the high sheriff, the undersheriff in such case following in the most 
 convenient maimer. 
 
 (a) The city undersheriff only occupies a seat in the carriage if there 
 be room for him through the mayor's absence.
 
 ATTENDANCE AT COURT, ETC. DURING ASSIZE BUSINESS. 477 
 
 Tho order of procession from the entrance of the church to Order of pro- 
 
 , . it ■ i • j 1 cession and 
 
 the seats allotted to tho judges and dignitaries is the same as seating ar- 
 
 that adopted on the judges' arrival. The judge or judges should rangements. 
 
 sit in the principal seat or seats, with the high sheriff on the 
 
 left of the judge, or of the junior judge if there are two judges, 
 
 the county undersheriff on the high sheriff's left, and the mayor 
 
 and city sheriff and undersheriff on the right of the judge, or of 
 
 the senior judge if two judges (b). 
 
 In the case of what is generally known as "Assize Sunday," Order of pro- 
 suhject to different customs at different places with regard to Assize 
 the position in the procession of the clergy, choir, and church- Sunday, 
 wardens, the following order of procession is not unusual on the 
 occasion of a joint assize, viz. : — 
 
 Choir. 
 
 Officiating clergy. 
 
 Churchwardens. 
 
 County undersheriff. 
 
 High sheriff. 
 
 Chaplain (where there is one). 
 
 City undersheriff. 
 
 City sheriff. 
 
 Mayor. 
 
 Judge or judges. 
 
 Attendance at Court, &c. during Assize Business. 
 
 On each day of the assize whilst the county or city business is Attendance 
 being taken, the county or city sheriff, according to whether ^dershenff 
 county or city business be taken, must attend with his under- &c on judges 
 sheriff, and in the case of the city business, the rnayor also, each com .. s . 
 morning at the appointed time with his carriage at the judge or 
 judges' lodgings for the purpose of taking the judge or judges 
 to the Court. Where there are two judges it is customary, in 
 the case of a joint assize, for the mayor to place his carriage also 
 at the judges' disposal throughout the assize. Where there is a 
 county and city jurisdiction it is not unusual for the sheriffs to 
 divide this duty. The carriage, preceded by the trumpeters and 
 
 (/<) Such appears to bo tho ordinary relative position, but it may vary 
 in different places.
 
 478 
 
 ASSIZES AND SESSIONS. 
 
 Attendance 
 in Court of 
 sheriff, under- 
 sheriff, &c. 
 
 Employment 
 of police 
 constables or 
 men servants 
 to keep order, 
 &c. 
 
 javelin men, if any, and generally with a mounted police escort, 
 proceeds to the Court at a walking pace. On arrival at the 
 Court the order of procession is on the same principle as that 
 previously indicated, viz. : — 
 
 Attendants (if any). 
 
 Undersheriff. 
 
 Chaplain (where there is one). 
 
 High or city sheriff (as the case may be). 
 
 Mayor (in case of city work). 
 
 Judge or judges. 
 During the early part of each afternoon the undersheriff 
 should ascertain from the judge or judges at what hour the 
 carriage should be ordered for his or their return to the lodgings, 
 and provide for the same accordingly. On the rising of the Court 
 at the end of each day, the judge or judges must be escorted to 
 their lodgings in a similar manner to that in which they were 
 escorted to the Court, except that the attendants do not generally 
 then accompany the carriage. 
 
 The sheriff, or his undersheriff, must be in constant attend- 
 ance on the bench throughout each day of the assize, and the 
 high sheriff's chaplain, where there is one, should attend the 
 sheriff in Court so long as Crown business is going on. The 
 undersheriff must be in constant attendance, or within call, for 
 the purpose of looking after the jurors, and attending to any 
 directions as to the juries and otherwise of the clerk of assize or 
 judge's associate. This is done primarily through the sheriff's 
 bailiff. Amongst other things, the undersheriff has to provide 
 for jurors' views where ordered. (See post, p. 482.) He is also 
 responsible for juries being locked up where the latter wish to 
 retire to consider their verdict, and he must also provide jurors 
 with fire and refreshment where ordered. (See post, p. 483.) 
 
 By the Sheriffs Act, 1887 (50 & 51 Yict. c. 55), sect. 9 : "In 
 the time of the assizes a court of quarter sessions in the county 
 (which by sect. 38 includes general sessions) may direct a 
 sufficient number of police constables to be employed to keep 
 order in and within the precincts of the Court of Assize, and the 
 chief constable shall comply with such direction, but if such 
 direction is not given the sheriff shall have a sufficient number 
 of men servants in liveries attending upon him for the purpose 
 of so keeping order and of protecting the judges of assize." 
 This provision is evidently in lieu of that relating to sheriffs' 
 men servants, &c. contained in 14 Car. 2, c. 21, the whole of
 
 MAKING UP DEFICIENCY OF JURORS. 
 
 sucli latter Act, so far as then subsisting, Laving been repealed 
 by the Sheriffs Act, 1887. By sect. 36 of this Act, as regards 
 its application to sheriffs of counties of cities and counties of 
 towns, any jurisdiction by the Act vested in the justices in 
 general or quarter sessions may be exercised, so far as regards 
 constables, by the council. Sub-sect. 4 of sect. 33 provides that 
 the Act shall not apply to the sheriff of Middlesex and the 
 sheriffs of London as regards the maintenance of men servants. 
 
 479 
 
 Jurors' Fines for Non-attendance. 
 
 By sects. 38 and 51 of the County Juries Act, 1825 (6 Geo. 4, Jurors' fines 
 c. 50), provision is made for fining jurors on making default; attendance. 
 but by the Juries Act, 1862 (25 & 26 Vict. c. 107), sect. 12, 
 fines may be remitted upon cause shown. Sect. 20 of the Juries 
 Act, 1870 (33 & 34 Vict. c. 77), provides that no juror is liable 
 to any penalty for non-attendance on any jury unless he receive 
 the six days' notice to which he is entitled. 
 
 Making up Deficiency of Jurors. 
 
 By the County Juries Act, 1825 (6 Geo. 4, c. 50), sect. 37, it Deficiency of 
 
 is provided : ''That where a full jury shall not appear before made np from 
 
 any Court of Assize, or before any of the Superior Civil Courts P erson8 
 
 present. 
 of the three Counties Palatine, or before any Court of Great 
 
 Sessions, or where, after appearance of a full jury, by challenge 
 of any of the parties, the jury is likely to remain untaken for 
 default of jurors, every such Court, upon request made for the 
 king by anyone thereto authorized or assigned by the Court, or 
 on request made by the parties, plaintiff or demandant, defen- 
 dant or tenant, or the respective attorney?, in any action or suit, 
 whether popular or private, shall command the sheriff or other 
 minister, to whom the making of the return shall belong, to 
 name and appoint, as often as need shall require, so many of 
 such other able men of the county then present as shall make 
 up a full jury ; and the sheriff or other minister aforesaid, shall, 
 at such command of the Court, return such men duly qualified 
 as shall be present or can be found to serve on such jury, and 
 shall add and annex their names to the former panel, provided
 
 4 SO ASSIZES AND SESSIONS. 
 
 that where a special jury shall have heen struck for the trial of 
 any issue, the talesmen shall be such as shall he impanelled, upon 
 the common jury panel to serve at the same Court, if a sufficient 
 number of such men can be found ; and the king, by anyone so 
 authorized or assigned as aforesaid, and all and every the parties 
 aforesaid, shall and may, in each of the cases aforesaid, have 
 their respective challenges to the jurors so added and annexed, 
 and the Court shall proceed to the trial of every such issue with 
 those jurors who were before impanelled, together with the 
 talesmen so newly added and annexed, as if all the said jurors 
 had been returned upon the writ or precept awarded to try the 
 issue." See on this subject Shortt and Mellor's Practice of the 
 Crown Office, p. 217. 
 
 Balloting for Juries. 
 
 Juries at Sect. 26 of the County Juries Act, 1825 (6 Geo. 4, c. 50), 
 
 hew balloted enac ^ s : " That the name of each man who shall be summoned 
 for. and impanelled in any Court of Assize, or for the trial of 
 
 issues in the Civil Courts of the Counties Palatine or Great 
 Sessions, with the place of his abode and addition, shall be 
 written on a distinct piece of parchment or card, such pieces of 
 parchment or cards being all as nearly as may be of equal size, 
 and shall be delivered unto the associate or prothonotary of such 
 Court by the undersheriff of the county, or the Secondary of the 
 City of London, and shall, by direction and care of such asso- 
 ciate or prothonotary, be put together in a box to be provided 
 for that purpose ; and when any issue shall be brought on to be 
 tried, such associate or prothonotary shall in open Court draw 
 out twelve of the said parchments or cards one after another, and 
 if any of the men whose names shall be so drawn shall not 
 appear, or shall be challenged and set aside, then such further 
 number, until twelve men be drawn, who shall appear, and after 
 all just causes of challenge allowed, shall remain as fair and 
 indifferent ; and the said twelve men so first drawn and appear- 
 ing, and approved as indifferent, their names being marked in 
 the panel, and they being sworn, shall be the jury to try the 
 issue, and the names of the men so drawn and sworn shall be 
 kept apart by themselves until such jury shall have given in 
 their verdict, and the same shall be recorded, or until such jury 
 shall, by consent of the parties or by leave of the Court, be
 
 BALLOTING FOR JUKI IX. 481 
 
 discharged, and then the same names shall be returned to the 
 box, there to be kept with the other names remaining at the 
 time undrawn, and so toties quoties, as long as any issue remains 
 to be tried : Provided always, that if any issue shall be brought 
 on to be tried in any of the said Courts before the jury in any 
 other issue shall have brought in their verdict or been discharged, 
 it shall be lawful for the Court to order twelve of the residue of 
 the said parchments or cards, not containing the names of 
 any of the jurors who shall not have so brought in their verdict 
 or been discharged, to be drawn in such manner as is aforesaid, 
 for the trial of the issue which shall be so brought on to be 
 tried." This section further provides that the same jury, if not Same jury 
 
 i • • • • -n j. t_ • maytryseve- 
 
 objected to, may try several issues in succession without being r al "issues. 
 redrawn. 
 
 Sect. 108 of the Common Law Procedure Act, 1852 (15 & 16 Special juries 
 
 &t ussizcs how 
 
 Yict. c. 76), provides, with regard to special juries at assizes, balloted for. 
 
 that " upon the trial the special jury shall be balloted for, and 
 
 called in the order in which they shall be drawn from the box 
 
 in the same manner as common jurors : Provided that the Court 
 
 or a judge, in such case as they or he may think fit, may order 
 
 a special jury to be struck according to the present practice, and 
 
 such order shall be a sufficient warrant for striking such special 
 
 jury, and making a panel thereof for the trial of the particular 
 
 cause." 
 
 By sect. 110 of the same Act, " In London and Middlesex Special juries 
 special jurors shall be nominated and reduced by and before the and Middle- 
 under-sheriff and secondary respectively, in like manner as by sex, how bal- 
 the master before this Act, upon the application of either party 
 entitled to a special jury, and his obtaining a rule for such pur- 
 pose ; and upon the trial the special jury shall be balloted for, 
 and called in the order in which they shall be drawn from the 
 box, in the same manner as common jurors." By sect. 16 of 
 the Juries Act, 1870 (33 & 34 Vict. c. 77), special juries for 
 London and Middlesex are to be provided in the same manner 
 as in other counties, and upon the trial the special jury shall be 
 balloted for and called in the order in which they are drawn 
 from the box in the same manner as common jurors. Sect. 17 
 provides for the abolition of the practice of nominating and 
 reducing special jurors in London and Middlesex as regards the 
 trial of any cause at any of the sittings of the Birperior Courts, 
 subject to this proviso, viz. : "That any of the said superior Courts 
 or any judge thereof may if it seem expedient order that a 
 
 M. I I
 
 482 
 
 ASSIZES AND SESSIONS. 
 
 special jury be struck according to the present practice, and 
 such order shall be a sufficient warrant for striking such jury 
 and making a panel thereof for the trial of the particular cause." 
 
 Order for 
 view may be 
 drawn up 
 without 
 motion. 
 
 Sheriff or jury 
 cannot be 
 ordered to 
 view in ano- 
 ther county. 
 
 Court may 
 order sum to 
 be deposited 
 to cover 
 expenses. 
 
 Costs of view. 
 
 Sheriff to de- 
 liver names of 
 viewers to 
 
 Jurors' View. 
 
 The order for a view is one of the orders of course which, 
 according to Eule 252 of the Crown Office Rules, 1886, may be 
 drawn up at the Crown Office without any motion for the same. 
 
 The Court cannot, even by consent, order a view in one county 
 by a sheriff of another, neither can the Court compel a jury to 
 go out of the limits of a county for such a purpose. Malins v. 
 Dunraven, 9 Jur. 690. 
 
 By the County Juries Act, 1825 (6 Geo. 4, c. 50), s. 23, 
 where jurors are to view lands, &c, " the Court, or any judge 
 thereof in vacation, may order a rule to be drawn up, containing 
 the usual terms, and also requiring, if such Court or judge shall 
 so think fit, the party applying for the view to deposit in the 
 hands of the under-sheriff a sum of money to be named in the 
 rule for payment of the expenses of the view." 
 
 By Eule 159 of the Crown Office Eules, 1886, " Upon any 
 application for a view there shall be an affidavit stating the 
 place at which the view is to be made, and the distance thereof 
 from the office of the under-sheriff, and the sum to be deposited 
 with the under-sheriff shall be ten pounds in case of a common 
 jury, and sixteen pounds in case of a special jury, if such distance 
 do not exceed five miles, and fifteen pounds in case of a common 
 jury, and twenty-one pounds in case of a special jury, if it be 
 above five miles. And if such sum shall be more than sufficient 
 to pay the expenses of the view, the surplus shall forthwith be 
 returned to the solicitor of the party who obtained the view. If 
 such sum shall not be sufficient to pay such expenses, the de- 
 ficiency shall forthwith be paid by such solicitor to the under- 
 sheriff, and the under-sheriff shall pay and account for the money 
 so deposited, according to the scale at the end of the Appendix 
 to these Eules " (c). 
 
 By sect. 114 of the Common Law Procedure Act, 1852 
 (15 & 16 Vict. c. 76), when a rule of the Court or a judge's 
 
 (c) As to which see under title " Sheriff's Fees, &c.,"^>os£, p. 512.
 
 JUEORS' VIEW. 483 
 
 order, directing a view to be had, has been obtained, "the sheriff, associate, and 
 upon request, shall deliver to either party the names of the required!' 
 viewers, and shall also return their names to the associate for 
 the purpose of their being called as jurymen upon the trial." 
 
 Sect. 24 of the County Juries Act, 1825, provides, " That Viewers to be 
 where a view shall be allowed in any case, those men who shall jury first, 
 have had the view, or such of them as shall appear upon the 
 jury to try the issue, shall be first sworn, and so many only 
 shall be added to the viewers who shall appear as shall, after 
 all defaulters and challenges allowed, make up a full jury of 
 twelve." 
 
 By sect. 46 of the Crown Suits, &c. Act, 1865 (28 & 29 Vict. View in case 
 c. 104), "Where a cause, in which her Majesty's attorney-general gur ta. 
 on behalf of the Crown is entitled to demand as of right a trial 
 at bar, is at anytime depending in any of her Majesty's superior 
 courts of law at Westminster, whether instituted before or insti- 
 tuted after the commencement of this Act, and the attorney-general 
 states to the Court that he waives his right to a trial at bar, the 
 following provisions shall have effect : — (1) The Court, on the 
 application of the attorney-general, shall change the venue to 
 any county in which the attorney- general elects to have the cause 
 tried : (2) The Court may (if requisite) order that the sheriff of 
 the county into which the venue is removed do cause a view to 
 be had by jurors of that county (notwithstanding that the view 
 must be taken and had by such sheriff and jurors out of their 
 own county) : (3) For the purposes aforesaid the Court may 
 make such orders as seem necessary or proper ; and all such 
 orders shall be binding on all sheriffs and other officers, and on 
 all jurors and other persons concerned, and shall be sufficient 
 warrant for the doing of everything thereby authorized or 
 directed to be done : (5) Subject to any such rules, the pro- 
 visions of the Common Law Procedure Act, 1852, and of any 
 rules made under it, and all other law and practice for the time 
 being in force relative to change of venue and to views, shall 
 extend to the cases of change of venue and view to which this 
 section relates." 
 
 Jurors' Fire and Refreshment. 
 
 As already indicated, it is the under-sheriff's duty to provide Jurors may be 
 the jury with refreshment, where ordered, and common jurors andTefceah- 
 
 Il2 ment.
 
 484 ASSIZES AND SESSIONS. 
 
 are generally ordered refreshment in criminal cases during the 
 Court's adjournment for luncheon. By the Juries Act, 1870 
 (33 & 34 Vict. c. 77), s. 23, "Jurors, after having been sworn, 
 may, in the discretion of the judge, be allowed at any time before 
 giving their verdict the use of a fire when out of court, and be 
 allowed reasonable refreshment, such refreshment to be procured 
 at their own expense." 
 
 It appears to be the practice in some places, when a jury is 
 detained on a case over the adjournment, to order luncheon for 
 them from a neighbouring inn, and the cost is subsequently 
 recovered from the Treasury on the passing of the bill of 
 cravings, on presentation of the receipted account with a 
 certificate signed by the clerk of assize that luncheon was 
 ordered by the Court. This bill is generally taxed down to 
 twelve shillings. 
 
 Jurors' Remuneration. 
 
 For serving By the Juries Act, 1870 (33 & 34 Vict. c. 77), s. 22, jurors 
 
 on jury. are en ^Q e( j to ^ e remuneration for their services therein 
 
 mentioned, but by the Juries Act (1870) Amendment Act 
 (34 Vict. c. 2), that section of the Juries Act, 1870, is repealed 
 subject to the proviso " that nothing in this Act, or in the Juries 
 Act, 1870, shall affect any claim, right, or title to payment 
 which any juror would have had in case neither of the said Acts 
 had been passed." As to the old law on the subject, by the 
 County Juries Act, 1825 (6 Geo. 4, c. 50), s. 35, " No juror 
 who shall serve upon any special jury shall be allowed or take 
 for serving on any such jury more than such sum of money as 
 the judge who tries the issue shall think just and reasonable, 
 and which shall not exceed the sum of one pound one shilling, 
 except in causes wherein a view is directed, and shall have been 
 had by such juror." There appears to be no provision for 
 payment of common jurors, although it seems customary in 
 some places to pay them. The amount of such allowance 
 apparently varies. 
 For view. In the case of a view, special jurors are, in addition to their 
 
 one guinea a day, allowed five shillings per day for refreshments 
 and also reasonable travelling expenses, and it seems usual to 
 pay common jurors five shillings per day, and a like daily sum 
 for refreshments, as also reasonable travelling expenses. For
 
 sheriff's certificate of jurors' attendance. 485 
 
 scale of fees to be taken on a view, see rule 159 of Crown Office 
 Eules, 188G (d), ante, p. 482. The sheriff is entitled and should 
 require from the party at whose instance the view is ordered, a 
 deposit for its execution, and whether the jury be special or 
 common, such deposit is to be assessed according to distance. 
 
 Jurors receive their fees through the under-sheriff from the By whom 
 party entering the cause for trial, such fees being payable after pa 
 they are sworn, and being paid then or during the hearing or 
 on the termination of the cause. Moreover, it is conceived that 
 the mere disagreement and discharge of the jury without giving 
 a verdict should not affect their right to their fees (e) . It 
 appears that the under-sheriff is not, and should not make 
 himself, in any way responsible for jurors' fees. 
 
 Sheriff's Certificate of Jurors' Attendance. 
 
 By the County Juries Act, 1825 (6 Geo. 4, c. 50), s. 40, Sheriffs, &c. 
 "The sheriff, or his under-sheriff, shall from time to time name ^,f 
 register alphabetically, in proper columns to be prepared in the J urors who 
 jurors' book for that purpose, the services of such men as shall at assizes, and 
 be summoned and shall attend to serve as jurors on trials before fates Cer * 
 any court of assize, or in the said courts of the said Counties 
 Palatine or Great Sessions, and also the times of their services ; 
 and every man so summoned, and having duly attended or 
 served until discharged by the Court shall (upon application by 
 him made to such sheriff or under-sheriff, before he shall depart 
 from the place of trial), receive a certificate testifying such his 
 service, which certificate the sheriff or under-sheriff is hereby 
 required to give on payment of one shilling : Provided always Exception as 
 that nothing herein contained shall extend to any grand jurors special jurors. 
 or special jurors." 
 
 (d) The under-sheriff of Yorkshire, however, considers that the allow- 
 ances to the under-sheriff, jurors, and shewers on a view, ought to be 
 given according to the table from the old Eules (Hilary, ls.Vi). 
 
 (?) In a case, however, where the jurors disagreed and were discharged 
 without giving a verdict, the under-sheriff was advised by the judge 
 trying the action, that they were not entitled to their fees, and conse- 
 quently nothing was paid them.
 
 486 
 
 ASSIZES AND SESSIONS. 
 
 Form of Certificate. 
 
 Sheriff's Office 
 
 IS 
 
 I certify that of in the county of , , 
 
 served as a petty juror on the day of 18 at the trial 
 
 of for and I hereby exempt the said from serving 
 
 as a juror for two years from this date. 
 
 Esquire, 
 
 {Seal of Office.) Sheriff of 
 
 Sheriff to re- By sect. 41 the clerk of the peace is to make out a list of all 
 ofV^rorswho w ^° nave served at sessions on grand or petty juries and 
 transmit the same " to the sheriff or under-sheriff of the county, 
 who is hereby required forthwith to register the names of the 
 men included in such list in the proper columns of the jurors' 
 book for that purpose, together with the date of their services." 
 
 have served 
 at sessions 
 
 Expenses of 
 summonses. 
 
 Other assize 
 expenses. 
 
 Sheriff's Jury, and other Assize Expenses. 
 
 By sect. 13 of the Juries Act, 1862 (25 & 26 Yict. c. 107), 
 " The costs incurred by any sheriff in summoning jurors by 
 post, under the provisions of this Act, so far as the same shall 
 not exceed the sum allowed to such sheriff, or his predecessor in 
 office, on that account, in any one year within the three years 
 immediately preceding the passing of this Act, may be included 
 in his ordinary bill of cravings, and shall be allowed by the 
 Treasury." 
 
 The sheriff pays all criers, trumpeters, and other like officials, 
 and should take receipts for all his assize payments, as vouchers 
 are required in rendering the bill of cravings. 
 
 Penalties on Sheriff for Neglect of Duty. 
 
 By the County Juries Act, 1825 (6 Geo. 4, c. 50), s. 46, 
 penalties are reserved on sheriffs, under-sheriffs, and others 
 neglecting their duty. 
 
 Sheriff's Fees. 
 See under title " Sheriff's Fees, &c," post, p. 505. 
 
 Sheriff's Assize and Sessions Accounts. 
 See under title " Sheriff's Accounts," post, p. 520.
 
 487 
 
 Chapter XXIX. 
 
 CRIMINAL EXECUTION. 
 
 By the Sheriffs Act, 1887 (50 & 51 Vict. c. 55), s. 13, sub-s. 1, By whom and 
 it is enacted that: "Where judgment of death has been passed mentV^dfath 
 upon a convict at any court of assize or any sessions of oyer and to b ^ exe " 
 terminer or gaol delivery held for any county or riding or divi- 
 sion or other part of a county, the' sheriff of such county shall 
 be charged with the execution of such judgment, and may carry 
 such judgment into execution in any prison which is the common 
 gaol of his county or in which the convict was confined for the 
 purpose of safe custody prior to his removal to the place where 
 such Court was held, and shall, for the purpose of such execution, 
 have the same jurisdiction and powers over and in the prison in 
 which the judgment is to be carried into execution, whether such 
 prison is or is not situate within his county, and over the officers 
 of such prison, as he has by law over and in the common gaol 
 of his county and the officers thereof, or would have had if the 
 Prison Act, 1865, and the Prison Act, 1877, had not passed, and 
 shall be subject to the same responsibility and duties as if the 
 said Acts had not passed." Sub-sect. 2 provides that " This section 
 shall be in addition to and not in derogation of any power autho- 
 rized to be exercised by Order in Council under the Winter Assizes 
 Act, 1876, and the Spring Assizes Act, 1879, or either of them, 
 and of the provisions of the Central Criminal Court (Prisons) Act, 
 1881." 
 
 By the Central Criminal Court (Prisons) Act, 1881 (44 & 45 
 Vict. c. 64), s. 2, sub-s. 5, it is enacted that : " Where judgment 
 of death is passed at the Central Criminal Court upon a person 
 convicted of any offence, the judgment may be carried into exe- 
 cution in any prison in the Central Criminal Court district or in 
 the county, if any, where the offence was committed or is sup- 
 posed to have been committed, which the justice or judge of the 
 said Court passing sentence, or any other justice or judge of the 
 Court subsequently may order, and if no order is made, then in 
 the prison in which the convict is for the time being confined ; 
 and such sheriff as is ordered by any justice or judge of the said
 
 488 CRIMINAL EXECUTION. 
 
 Court, or if no order is made, the sheriff of the county in which 
 the offence was committed or is supposed to have been committed, 
 or if the offence was committed or is supposed to have been com- 
 mitted on the high seas, or if the county in which the offence 
 was committed does not clearly appear, the sheriff of Middlesex 
 shall be charged with the execution of the judgment ; and the 
 sheriff charged with the execution of the judgment shall for that 
 purpose have the same jurisdiction and powers and be subject to 
 the same duties in the prison in which the judgment is to be 
 carried into execution, although such prison is not situate within 
 his county, as he has by law with respect to the common gaol of 
 his county or would have had if the Prison Act, 1865, and the 
 Prison Act, 1877, had not passed." 
 
 As to the execution of persons convicted at assizes for the 
 county of Chester, see 30 & 31 Vict. c. 36, which is an Act to 
 (inter alia) confer additional powers upon the sheriff of the 
 county of Chester in exoneration of the sheriff of the city of 
 Chester. 
 Intimation by It is customary for the governor of the gaol in which the 
 
 srovernor of . . 
 
 gaol to sheriff prisoner is incarcerated to intimate to the sheriff that the prisoner 
 that prisoner j^g k eeil re ceived into his (the governor's) custody under sentence 
 
 awaits execu- \ o / J 
 
 tion, &c. of death, and to furnish the sheriff with a memorandum of the 
 
 instructions issued by the Secretary of State relative to execu- 
 tions, and which reads as follows : — " The sheriff being solely 
 responsible for carrying into effect the sentence of death, and 
 for this purpose, or for any purpose relating thereto, having by 
 statute the control over the prisons and the officers thereof, 
 whenever a governor receives a prisoner under sentence of death, 
 he is forthwith to inform the sheriff of the fact, and to specify 
 what means exist at the time in the prison for carrying out the 
 sentence. The governor will invite the sheriff to inspect the 
 apparatus and to test its operation so as to satisfy himself of its 
 efficiency in every respect. He is also to inquire of the sheriff 
 whether he desires any works to be done in the prison, either to 
 improve the apparatus or to facilitate the carrying out of the 
 execution, and if the sheriff answers in the affirmative the 
 governor is to inform him that the responsibility rests with him 
 and that he is at liberty, and it is his duty, to select and employ 
 at his discretion proper workmen, and to direct them to carry 
 out such works as he thinks necessary, but that the Prison Com- 
 missioners will oifer all requisite facilities, and wdll if requested 
 in due time place at his disposal all such labour and materials
 
 CRIMINAL EXECUTION. 189 
 
 as they have at their command free of cost (unless otherwise 
 notified to him)." 
 
 The sheriff should, as soon as convenient after sentence of Date of exe- 
 death has been pronounced, fix the date of execution and make fi xe( j i jy ° 
 all necessary arrangements for carrying such sentence into effect. snerinJ - 
 One of the regulations made by her Majesty's Secretary of State, 
 under powers reserved to him by sect. 7 of the Capital Punish- 
 ment Amendment Act, 1868 (31 Vict. c. 24), for making regu- 
 lations to be observed on the execution of judgment of death, is 
 that, for the sake of uniformity, it is recommended that execu- 
 tions should take place in the week following the third Sunday 
 after the day on which sentence is passed, on any week day but 
 Monday, and at 8 a.m. 
 
 It is usual for the sheriff to notify the proposed date of exe- Notification 
 cution to the Home Office and to the judge who passed Hom/office 
 sentence, and such information should also be furnished by the &c - 
 sheriff to the coroner, to enable the latter to make arrangements 
 for the inquest, which must be held within twenty-four hours 
 after the execution. 
 
 The prison authorities have nothing to do with providing the The execu- 
 executioner. This must be done by the sheriff. The executioner 
 generally provides his own rope and pinioning apparatus, but 
 the governor of Newgate keeps a certain number of ropes suitable 
 for executions, one of which can be furnished to the sheriff, if 
 desired. The Secretary of State in a Circular dated 7th October, 
 1885, suggests that the sheriff should, to avoid public scandal, 
 make it compulsory that the executioner should sleep in the 
 prison as long as he may remain in the place where the sentence 
 is to be executed, and certainly on the night preceding the exe- 
 cution. Moreover, the governors of prisons have instructions to 
 provide quarters in the prison for the executioner at the request 
 of the sheriff. 
 
 By the Capital Punishment Amendment Act, 18G8 (31 Duties of 
 Vict. c. 24), sect. 11, "The duties and powers by this Act jSionmay 
 imposed on or vested in the sheriff ma} T be performed by and be performed 
 shall be vested in his under-sheriff or other lawful deputy acting sheriff &c. 
 in his absence and with his authority, and any other officer 
 charged in any case with the execution of judgment of 
 death." 
 
 By sect. 2 of the same Act, " Judgment of death to be exe- Execution to 
 cuted on any prisoner sentenced after the passing of this Act on ^ty^^n 
 
 of prison.
 
 490 
 
 CRIMINAL EXECUTION. 
 
 Persons to be 
 present at 
 execution. 
 
 Black flag to 
 be hoisted and 
 bell tolled. 
 
 Surgeon to 
 certify death, 
 and declara- 
 tion to be 
 signed by- 
 sheriff, &c. 
 
 Penalty for 
 signing false 
 certificate or 
 declaration. 
 
 any indictment or inquisition for murder shall be carried into 
 effect within the walls of the prison in which the offender is 
 confined at the time of execution." 
 
 By sect. 3, " The sheriff charged with the execution, and the 
 gaoler, chaplain, and surgeon of the prison, and such other 
 officers of the prison as the sheriff requires, shall be present at 
 the execution. Any justice of the peace for the county, borough, 
 or other jurisdiction to which the prison belongs, and such 
 relatives of the prisoner or other persons as it seems to the 
 sheriff or the visiting justices of the prison proper to admit 
 within the prison for the purpose, may also be present at the 
 execution." It is optional, therefore, with the sheriff to permit 
 representatives of the press to be present. 
 
 A black flag must be hoisted at the moment of execution on a 
 conspicuous part of the prison, and remain there one hour. The 
 prison, parish, or other bell, must toll a quarter of an hour before 
 and a quarter of an hour after the execution. 
 
 By sect. 4 of the Capital Punishment Amendment Act, 1868, 
 " As soon as may be after judgment of death has been executed 
 on the offender, the surgeon of the prison shall examine the 
 body of the offender, and shall ascertain the fact of death, 
 and shall sign a certificate thereof, and deliver the same to 
 the sheriff. The sheriff and the gaoler and chaplain of the 
 prison, and such justices and other persons present (if any) as 
 the sheriff requires or allows, shall also sign a declaration to 
 the effect that judgment of death has been executed on the 
 offender." 
 
 Sect. 9 provides that, " If any person knowingly and wilfully 
 signs any false certificate or declaration required by this Act, 
 he shall be guilty of a misdemeanor, and on conviction thereof 
 shall be liable, at the discretion of the Court, to imprisonment 
 for any term not exceeding two years, with or without hard 
 labour, and with or without solitary confinement." 
 
 Form of Certificate of Surgeon. 
 
 I A. B. the surgeon [or as the case may be~\ of the [describe prison] 
 hereby certify that I this day examined the body of C. D. on whom 
 judgment of death was this day executed in the [describe same 
 prison] and that on that examination I found that the said C. D. 
 was dead. 
 
 Dated this day of 18 . 
 
 {Signed) A. B.
 
 CRIMINAL EXECUTION. 491 
 
 Form of Declaration of Sheriff and Other*. 
 
 We the undersigned hereby declare that judgment of death was 
 this day executed on 0. D. in the [describe prison'] in our presence. 
 
 Dated this day of 18 . 
 
 {Signed) E. F. Sheriff of 
 
 L. M. Justice of the Peace for 
 G. H. Gaoler of 
 I. K. Chaplain of 
 &c. &c. 
 
 It seems that the sheriff sometimes sees the body cut down at Cutting down 
 the expiration of one hour (a) , but this is not obligatory. ,0 y ' 
 
 By sect. 5 of the same Act, " The coroner of the jurisdiction Coroner's 
 to which the prison belongs wherein judgment of death is ^djT 
 executed on any offender shall within twenty-four hours after 
 the execution hold an inquest on the body of the offender, and 
 the jury at the inquest shall inquire into and ascertain the 
 identity of the body, and whether judgment of death was duly 
 executed on the offender; and the inquisition shall be in 
 duplicate, and one of the originals shall be delivered to the 
 sheriff." 
 
 By sect. 6, " The body of every offender executed shall be Burial of 
 buried within the walls of the prison within which judgment of ° y- 
 death is executed on him ; provided that if one of her Majesty's 
 principal Secretaries of State is satisfied on the representation of 
 the visiting justices of a prison that there is not convenient 
 space within the walls thereof for the burial of offenders executed 
 therein, he may, by writing under his hand, appoint some other 
 fit place for that purpose, and the same shall be used accord- 
 ingly." It is, however, not necessary for the sheriff to attend 
 at the burial, which is always carried out by the prison 
 authorities. 
 
 By sect, 10, " Every certificate and declaration and the dupli- Certificate, 
 cate of the inquisition required by this Act shall in each case be ^Secretary 1 
 sent with all convenient speed by the sheriff to one of her of State and 
 Majesty's principal Secretaries of State, and printed copies of prison 
 the same several instruments shall as soon as possible be entrance - 
 exhibited and shall for twenty-four hours at least be kept 
 exhibited on or near the principal entrance of the prison within 
 which judgment of death is executed." 
 
 (a) See evidenco given boforo the House of Lords Committeo on High 
 Sheriffs.
 
 492 CRIMINAL EXECUTION. 
 
 Saving clause By sect. 15, " The omission to comply with any provision of 
 ^24 as C to this Act shall not make the execution of judgment of death 
 legality of illegal in any case where such execution would otherwise have 
 
 execution. ° 
 
 been legal. 
 Application of By sect. 14, " In the application of this Act to Ireland the 
 to LrTnd 24 ' ex P ress i° DS ' Chief Secretary to the Lord Lieutenant,' and 'Board 
 of Superintendence,' shall he substituted for the expressions 'one 
 of her Majesty's principal Secretaries of State,' and ' Visiting 
 Justices,' respectively." 
 Executioner's No fees are allowed by the Treasury to the sheriff in connec- 
 tion with criminal executions, except the executioner's fee, 
 generally 10/., and also, it seems, his second class return railway 
 fare. It would appear, however, that no such allowance is 
 made to Irish high sheriffs (b). 
 Suspension of The execution may be suspended for a time by a reprieve, 
 reprieve y which is the temporary withdrawing of a sentence. Reprieves 
 may be granted ex mandato regis, at the mere pleasure of the 
 Crown ; ex arbitrio judicus, either before or after judgment ; or 
 ex necessitate legis, in which case the Court is bound to grant a 
 reprieve. There are two cases of reprieves ex necessitate legis, 
 viz.: (1) where the prisoner after judgment becomes insane; 
 and (2) where a woman is capitally convicted and pleads her 
 pregnancy. With regard to the latter case, Sir "W. Blackstone 
 says : " This is no cause to stay the judgment, yet it is to respite 
 the execution till she be delivered. This is a mercy dictated by 
 the law of nature, in favorem prolis. In case this plea be made 
 in stay of execution, the judge must direct a jury of twelve 
 matrons or discreet women to inquire the fact, and if they bring 
 in their verdict quick with child (for barely with child, unless it 
 be alive in the womb, is not sufficient) execution shall be stayed 
 generally till the next session ; and so from session to session, 
 till either she be delivered or proves by the course of nature not 
 to have been with child at all." It seems that the jurors in this 
 case must be summoned and are to be afforded the same treat- 
 ment during their examination and deliberations as jurors in 
 other cases. 
 
 (b) See evidence given before tho IIouso of Lords Committee on High 
 Sheriffs.
 
 403 
 
 Chapter XXX. 
 
 LIABILITY AND RIGHTS OF SHERIFF AND REMEDIES AGAINST 
 
 SHERIFF. 
 
 PAGE 
 
 /. Liability of and Proceedings against Sheriff - 493 
 
 Introductory - 493 
 
 Evidence to conned Sheriff' with Under-sheriff and 
 
 Officers, and Evidence against and for Sheriff - 498 
 Procedure ....... 501 
 
 Generally ....... 504 
 
 IE Eights of Sheriff - - 504 
 
 I. — Liability of and Proceedings against Sheriff. 
 
 Introductory. 
 
 When acting in a ministerial capacity and subject to his under- Liability for 
 mentioned exemption from penalties for any innocent mistake, t h™u5h 
 the sheriff is in general liable in respect of any damage sus- mirfeaaance. 
 tairied by a third party from his (the sheriff's) misfeasance, 
 or that of his officer in cases " where there is a misdoing of 
 something which he [the sheriff] commands him to do ; [and] 
 if the sheriff is sued for a misfeasance of his officer, it is no 
 answer for him to say that his command was not obeyed ; he is 
 still liable, provided the thing done be something which by the 
 command and under the authority of the sheriff the officer was 
 bound to do. The reason that the sheriff is held liable [for his 
 officer's misfeasance] is that, having a duty imposed upon him 
 by law, instead of performing it himself, he delegates it to 
 another, and, therefore, it is but just that he should be respon- 
 sible for the misconduct of those to whom he so delegates the 
 performance of his duty." Per Maule, J., in Smith v. Pritchard, 
 8 C. B. 588. " There is no doubt that in all matters relating 
 to the execution the sheriff's officer is the same as the sheriff."
 
 494 
 
 LIABILITY, ETC. OF AND REMEDIES AGAINST SHERIFF. 
 
 Liability for 
 wilful and 
 fraudulent 
 acts. 
 
 Liability for 
 misconduct of 
 officer. 
 
 Liability for 
 acts of special 
 bailiff. 
 
 Liability for 
 wrongful im- 
 prisonment. 
 
 Remedy 
 against sheriff 
 for false 
 return. 
 
 Liability of 
 sheriff to 
 attachment. 
 
 Per Lord Wenman, C.J., in Raphael v. Goodman, 8 Ad. & E. 
 570. Again, to quote Littledale, J., in the last-mentioned case, 
 " He [the sheriff] is himself identified with the officer, as is 
 clear from all the cases, except where, as in Crowder v. Long, 
 8 B. & C. 598, the party opposed to the sheriff is colluding with 
 the officer," or, it seems, induces him to depart from the 
 ordinary course of his duty without the sheriff's knowledge. 
 
 The sheriff is also, it seems, liable as well for wilful and 
 fraudulent acts as for negligence. Laycock's case, Latch, 187, 
 and Woodgate v. Knatchbull, 2 T. E. 148. 
 
 The sheriff is, moreover, civilly liable for misconduct of his 
 officer in executing a writ, though the act done be contrary to 
 the express terms of the writ. Smart v. Hutton, 8 Ad. & E. 
 568. He is not, however, criminally answerable for acts of the 
 under-sheriff unauthorized by him. Latch, 187. 
 
 As to the sheriff's liability for the acts of a special bailiff, 
 see under title " Appointment of sheriff and his officers, &c. 
 (bailiffs)," ante, p. 13. 
 
 By the Sheriffs Act, 1887 (50 & 51 Yict. c. 55), sect. 15, 
 " A person unlawfully imprisoned by a sheriff or any of his 
 officers shall have an action against such sheriff in like manner 
 as against any other person that should imprison him without 
 warrant." 
 
 The Court will not try on affidavits whether the return made 
 by a sheriff to a writ is false, even though a strong case is made 
 out showing fraud and collusion, but the party must resort to 
 his remedy by action. Goubot v. de Crony, 2 D. P. C. 86. A 
 sheriff, against whom an action for falsely returning that money 
 deposited with him by a defendant in lieu of bail had been paid 
 into court had been brought, was allowed to pay into court in 
 the original action the money so deposited, though the plaintiff 
 had been delayed two months through the sheriff's neglect. 
 Rail v. Jones, 4 D. P. C. 712. 
 
 The sheriff is, moreover, liable to attachment for misconduct ; 
 accordingly if an arrest by the sheriff be a contempt of Court, 
 an attachment may be issued against him. Magnay v. Burt, 
 5 Q. B. 381 ; and Martin v. Francis, 1 Chitt. Bep. 241. See, 
 however, Watson v. Carroll, 7 D. P. C. 217. 
 
 But negligence in the execution of mesne process was no 
 ground for an attachment against the sheriff. R. v. Sheriff of 
 Kent, 2 M. & W. 316. 
 
 If after being served with a notice to return the writ, the
 
 LIABILIIY OF AND PROCEEDINGS AGAINST SHERIFF. 495 
 
 sheriff fails to do so within the thereby limited time, or, it seems, 
 if he makes an insufficient return upon the face of it (Roll. 
 Abr. "Retorn" (XL) per Wats. Slier. 99; Wilton v. Chambers, 
 1 H. & TV. 582), he will be in contempt and liable to attach- 
 ment (see Alchin v. Wells, 5 T. R. 470), and see Evan* v. James, 
 6 Scott, 354, where a writ and rule to return it were delivered 
 to the sheriff at the same time. 
 
 Moreover, a plaintiff does not waive his right to an attach- 
 ment against a sheriff for not duly returning a writ of fieri 
 facias by directing him, after the expiration of the rule to 
 return the writ, to proceed with the execution which had been 
 suspended by an adverse claim. Hoicitt v. Rickaby, 9M. & TV. 
 52 ; 1 Dowl. N. S. 389. Per Parke, B., " In a case of this kind 
 subsequent obedience to the rule to return a writ is no answer 
 to an application for an attachment. The sheriff ought to have 
 returned the writ at the expiration of the rule. The plaintiff 
 wishing to assist him afterwards directs him to go on with the 
 execution, but that is no waiver of his right to have an attach- 
 ment. The attachment may be set aside on payment of costs." 
 
 In the case of a fieri facias issued in vacation, but returnable 
 under a judge's order obtained in vacation on a day in term, a 
 plaintiff must still pursue the old practice, and cannot bring the 
 sheriff into contempt after the writ has been actually returned, 
 although after the day on which it was returnable. Williamson 
 v. Harrison, 9 If. & TV. 225 ; 1 Dowl. N. S. 664. 
 
 As to attachment against a late sheriff, " A sheriff shall not Attachment 
 be called upon to make a return of any writ after the expiration ef^sheritf 1 
 of six months from the date at which he ceases to hold his 
 office." Sheriffs Act, 1887 (50 & 51 Vict. c. 55), sect. 28, 
 sub-sect. 3. 
 
 As to the costs which the sheriff will be ordered to pay on Costs on 
 failure to make a return after rule, see In re Heiron's Estate. fa f luret ° 
 
 > return alter 
 
 Hall v. Ley, 12 Ch. D. 795 ; 48 L. J. Ch. 688 ; and see Evans rule. 
 v. Davies, 7 Beav. 81 ; li. v. Smithies, 3 T. R. 351 ; and Barnard 
 v. Berger, 1 N. R. 121. As to costs of attachment, see post, Costs of at- 
 p. 503, and the provisions for costs in regard to offences under tachment - 
 sect. 29 of the Sheriffs Act, 1887, post, p. 497. 
 
 By the Sheriffs Act, 1887, sect. 29, sub-sect. 1 : "If a person Punishment 
 being a sheriff, under-sheriff, bailiff, or officer of a sheriff, whether ^eSheriff 
 within a franchise or without, does anv of the folio whip; thincs. &<*•, for mis- 
 
 ® A f C- 
 
 that is to say — (a) conceals or procures the concealment of any con uc ' " 
 felon, or (b) refuses to arrest any felon in his bailiwick, or
 
 496 LIABILITY, ETC. OF AND REMEDIES AGAINST SHERIFF. 
 
 (c) lets go at large a prisoner who is not bailable, or (d) is guilty 
 of an offence against, or breach of the provisions of, this Act, he 
 shall (without prejudice to any other punishment under the 
 provisions of this Act) be guilty of a misdemeanor, and be 
 liable on conviction to imprisonment for a term not exceeding 
 one year and to pay a fine, or if he has not wherewith to pay a 
 fine, to imprisonment for a term not exceeding three years." 
 
 By sub-sect. 2, "If any person being either a sheriff, under- 
 sheriff, bailiff, or officer of a sheriff, or being employed in levying 
 or collecting debts due to the Crown by process of any court, or 
 being an officer to whom the return or execution of writs belongs, 
 does any of the following things, that is to say — (a) withholds a 
 prisoner bailable after he has offered sufficient security, or 
 
 (b) takes or demands any money or reward under any pretext 
 whatever other than the fees or sums allowed by or in pursuance 
 of this or any other Act [sending in an account containing items 
 which were greatly reduced on taxation is not a ' taking or 
 demand of money above the legal fees ' within the section, the 
 amount being subject to and in contemplation of taxation. 
 Trustee of Woolford's Estate v. Levy, [1892] 1 Q. B. 772], or 
 
 (c) grants a w r arrant for the execution of any writ before he has 
 actually received that writ, or (d) is guilty of any offence 
 against, or breach of the provisions of, this Act, or of any wrong- 
 ful act or neglect or default in the execution of his office, or 
 of any contempt of any superior court, he and any person pro- 
 curing the commission of any such offence shall, without pre- 
 judice to any other punishment under the provisions of this Act, 
 but subject as hereinafter mentioned, be liable (i) to be punished 
 by the Court as hereinafter mentioned, and (ii) to forfeit two 
 hundred pounds, and to pay all damages suffered by any person 
 aggrieved, and such forfeiture and damages may be recovered 
 by such person as a debt by an action in her Majesty's High 
 Court of Justice." 
 
 The penalty under this section of the Sheriffs Act, 1887, is 
 inflicted for the doing of an act in the nature of a criminal 
 offence. To constitute such an offence there must be a mens rea; 
 therefore a sheriff's officer is not liable to the penalty if he makes 
 an overcharge by mistake. In order to constitute the offence, it 
 is not necessary that the improper demand or taking of money 
 should be a condition precedent to the officer's doing his duty. 
 Lee v. Dangar, Grant 8f Co. [1892] 1 Q. B. 231 ; affirmed by 
 the Court of Appeal, W. N. (1892) 71 ; [1892] 2 Q. B. 337.
 
 LIABILITY OF AND PROCEEDINGS AGAINST SHERIFF. 497 
 
 Moreover, an overcharge for poundage due to a clerical error made 
 by a clerk is not an extortion for which a penalty may he re- 
 covered under the section. Shoppce v. Nathan, W. N. (1892) 2; 
 [1892] 1 Q. B. 245. The liability is imposed by the section 
 only upon the person actually guilty of the wrongful act. 
 Therefore, where the sheriff's bailiff in executing a writ oiji.fa. 
 has not excepted from seizure wearing apparel, bedding, tools 
 and implements of trade to the value of 51. as required by 
 8 & 9 Vict. c. 127, s. 8, the sheriff is not liable. Bagge v. 
 Whitehead, C. A., [1892] 2 Q. B. 355. 
 
 By sub-sect. 3 of sect. 29, " Any of the following courts, that is By -what 
 to say, Her Majesty's High Court of Justice, any court of assize, f en der to be 
 oyer and terminer or gaol delivery, or any judge of any of the pushed. 
 said courts, also where the alleged offence has been committed 
 in relation to any writ issued out of any other court of record 
 than those above mentioned, the court out of which such writ 
 issued may, on complaint made of any such offence as afore- 
 said having been committed, and on proof on oath given by the 
 examination of witnesses, or by affidavit, or on interrogatories of 
 the commission of the alleged offence, and after hearing any 
 thing which the alleged offender may urge in his defence (which 
 evidence and hearing may be taken and had in a summary 
 manner), punish the offender or cause proceedings to be taken 
 for his punishment in like manner as a person guilty of con- 
 tempt of the said Court may be punished." 
 
 By sub-sect. 4, " The Court may order the costs of or occa- Court may 
 sioned by any such complaint to be paid by either party to the as to costs f 
 other, and an order by the High Court of Justice in any such complaint, 
 summary proceeding to pay any costs, damages, or penalty shall 
 be of the same effect as a judgment of the High Court, and may 
 be enforced accordingly." 
 
 By sub-sect. 5, " Any of the said courts being a superior court Superior 
 of record may also proceed for and deal with such offence in like recor j mav 
 manner as for any contempt of such court." d ^al wlth . 
 
 oiiciicG lis for 
 
 By sub-sect. 6, " If any person not being an under-sheriff, contempt, 
 bailiff, or officer of a sheriff, assumes or pretends to act as such, Penalty on 
 or demands or takes any fee or reward under colour or pretext ^jhJJ to act 
 of such office, he shall be guilty of contempt of Her Majesty's :|S "l" 1 "' 
 High Court of Justice, and be liable to be punished in manner 
 provided by this section, as if he were an under-sheriff guilty of 
 a contempt of such court." 
 
 M. K K
 
 408 
 
 LIABILITY, ETC. OF AND REMEDIES AGAINST SHERIFF. 
 
 Time 'within 
 ■which pro- 
 ceedings 
 against she- 
 riff, &c. to be 
 taken. 
 
 Postpone- 
 ment, &c. of 
 proceedings 
 against 
 offender. 
 
 Prohibition 
 of sale of 
 offices. 
 
 By sub-sect. 7, " Any proceeding in pursuance of this section 
 against a sheriff, under-sheriff, or any other person to whom this 
 section applies, shall he taken within two years after the alleged 
 offence was committed and not subsequently, and if the pro- 
 ceeding is in a summary manner, shall be taken before the end 
 of the sittings of the Court held next after the offence was 
 committed and not subsequently." 
 
 By sub-sect. 8, " Nothing in this section shall render a person 
 liable to be punished twice in respect of the same offence, but if 
 any proceeding is taken against a person under this section for 
 any offence the Court or judge may postpone or stay such 
 proceeding and direct any other available proceeding to be 
 taken for punishing such offence." 
 
 By sect. 27 of the Sheriffs Act, 1887, " (1) A person shall 
 not directly or indirectly by himself or by any person in trust 
 for him or for his use buy, sell, let, or take to farm the office of 
 under-sheriff, deputy-sheriff, bailiff, or any other office or place 
 appertaining to the office of sheriff, nor contract for, promise or 
 grant for any valuable consideration whatever any such office or 
 place, nor give, promise, or receive any valuable consideration 
 whatever for any such office or place. (2) Any person who 
 acts in contravention of this section, not being an under-sheriff, 
 deputy-sheriff, bailiff or officer of a sheriff, shall be liable to the 
 same punishment as if he were an under-sheriff, deputy-sheriff, 
 bailiff, or officer. (3) Provided that this section shall not 
 prevent the sheriff or under-sheriff from demanding and taking 
 the lawful fees and perquisites of the office of sheriff, or of any 
 place or employment belonging thereto, nor from taking 
 security for duly answering for the same, and shall not prevent 
 any officer of a sheriff from accounting to the sheriff for the 
 fees and perquisites received by him in respect of his office, nor 
 from giving security so to account, and shall not prevent a 
 sheriff from giving nor an officer from receiving a salary or 
 remuneration for the execution of his office." 
 
 Production 
 of warrant. 
 
 Evidence to connect Sheriff with Under-sheriff and Officers, and 
 Evidence against and for Sheriffs. 
 
 In an action against the sheriff for the wrongful act of a 
 bailiff, it is not enough, in order to affect the sheriff, to prove
 
 LIABILITY OF AND PROCEEDINGS AGAINST SHERIFF. 499 
 
 lilm a general bailiff, and that he had given a bond of indemnity 
 to the sheriff as such, together with proving the copy of the 
 warrant under which he entered and seized the plaintiff's goods ; 
 but the privity between such bailiff and the sheriff must be 
 established in the particular transaction on the best evidence, 
 by proving the original warrant of execution directed by the 
 sheriff to such bailiff, or at least by proving such notice to 
 produce it, as will, in the case of non-production, let in secondary 
 evidence of its contents. Drake v. Sykes, 7 T. R. 113; and see 
 as to secondary evidence of the contents of warrant, Mimhall 
 v. Lloyd, 2 M. & W. 450 ; Safer v. Barrel/, 2 H. & N. 867 ; 27 
 L. J. Ex. 193. And in an action against the sheriff whose 
 officer had seized the goods of A. under o,fi.fa. against B., it is 
 sufficient to produce the warrant without producing the writ ; 
 and it lies upon the sheriff to show that no such writ issued. 
 Gibbins v. Phillips, 2 M. & R. 238 ; 7 B. & C. 529, 535, n. 
 
 Where a sheriff's officer proved that he had seized goods 
 under a warrant on a fi. fa. which was brought to him by his 
 man, who told him that he had obtained it from the sheriff's 
 office, and the officer also stated that he knew the handwriting 
 on the warrant, which he had subsequently lost, it was held that 
 this was sufficient evidence to prove that the officer acted under 
 the authority of the sheriff. Moon v. Raphael, 2 Scott, 489 ; 2 
 Bing. N. C. 310 ; 1 Hodges, 289 ; 7 C. & P. 115. 
 
 In an action against a sheriff's officer for an illegal arrest it is 
 evidence against him that the warrant was directed to him. 
 Slack v. London {Sheriffs), 1 Esp. 42. 
 
 But whilst the regular way of connecting the sheriff with his When pro- 
 officer, so as to make him responsible, is by the production of ^mint 
 the warrant, any recognition by the sheriff that the officer acted dispensed 
 under his authority will dispense with the necessity of pro- 
 ducing it. Jones v. Wood, 3 Camp. 228. Moreover, in an 
 action against a sheriff for removing goods without paying a 
 year's rent in arrear, the plea of not guilty admits the seizure by 
 the sheriff, and it is not necessary to produce the warrant in 
 order to connect him with the officer. Real v. Poyntz, 8 1). P. C. 
 410 ; G M. & W. 412. 
 
 An indorsement upon the writ (returned and filed by the Indorsement 
 sheriff) of the name of the officer is not sufficient to make the 
 sheriff responsible without proving that his name was written 
 upon it by the authority or with the privity of the sheriff. 
 The writ with the sheriff's return upon it is only evidence 
 
 E K 2
 
 500 LIABILITY, ETC. OF AND REMEDIES AGAINST SHERIFF. 
 
 against him to the extent of his duty under it. Hill v. Middlesex 
 (Sheriff'), Holt, 217; 7 Taunt. 8; and see Morgans v. Bridges, 
 
 2 Stark. 314 ; 1 B. & A. 647 ; Francis v. Weave, 6 Moore, 120 ; 
 
 3 B. & B. 126; Bessey v. Windham, 6 Q. B. 166; 8 Jur. 824; 
 14 L. J., Q. B. 7 ; and White v. Morris, 11 C. B. 1015 ; 21 
 L. J., C. P. 185 (where Bessey v. Windham, supra, dissented 
 from) . 
 
 Where, in an action for an escape against the sheriff, the writ 
 in the former action was produced to connect him with his 
 officer, on which was indorsed " warrant to B.," who, on being 
 called, stated that he had delivered the warrant to another who 
 did not produce it, it was held, that it should have been left to 
 the jury to say whether B. acted under the sheriff's authority, 
 the indorsement being prima facie evidence that he did so act. 
 Fermor v. Phillips, 5 Moore, 184, n. ; 3 B. & B. 27, n. ; Holt, 
 537. And in an action for an escape against the sheriff in 
 ca. sa. the indorsement " non est inventus" upon the ca. sa. is 
 sufficient evidence against him of the delivery of the ca. sa. 
 Blotch v. Archer, 1 Cowp. 63. 
 Admissions by In an action against the sheriff, admissions by the under- 
 officers, &c. ' sheriff are not evidence, unless they accompany some official act 
 of the latter or tend to charge himself. Snowball v. Goodricke, 
 
 4 B. & Ad. 541. 
 
 Declarations made by an officer whilst in possession of goods 
 after the return of a fi. fa. are evidence against the sheriff ; and 
 no new warrant is necessary after a venditioni exponas to connect 
 the officer with the sheriff. Jacobs v. Humphrey, 2 C. & M. 413; 
 4 Tyr. 272. 
 
 In an action against the sheriff for a false return to a writ, 
 what was said by the bailiff to whom the warrant under it was 
 directed, when asked by the plaintiff's solicitor, before the return 
 of the writ, why he did not execute it, is evidence against the 
 sheriff. North v. Middlesex (Sheriff'), 1 Camp. 389. 
 
 A sheriff, who levies and pays over the money to one party 
 where the goods are claimed by another, shall be presumed to 
 be indemnified by the party to whom he pays the money, and 
 the declarations of that party are admissible in an action 
 against the sheriff by the other party. Aldridge v. Ireland, 
 3 Doug. 397 ; and see Proctor v. Lainson, 7 C. & P. 629. 
 
 Declarations made by a sheriff's officer whilst the party was 
 in his custody may be given in evidence in an action for an 
 escape against the sheriff. Boicsher v. Wilts (Sheriff), 1 Camp.
 
 LIABILITY OF AND PROCEEDINGS A.GAINST SHERIFF. 501 
 
 391. Moreover, confession of an escape by the under-sheriff is 
 evidence against the sheriff. Yabsley v. Doble, 1 Ld. Raym. 190. 
 
 And see under this head, Orowder v. Long, 8 B. & C. 598 ; 
 Raphael v. Goodman, 8 Ad. & E. 565 ; Barsham v. Bullock, 10 
 Ad. & E. 23 ; 2 P. & D. 241 ; Brickell v. Huke, 7 Ad. & E. 454; 
 George v. Per ring, 4 Esp. 63; Percival v. Stamp, 9 Ex. 167; 
 23 L. J., Ex. 25, and Shepherd v. JFfo?&&, 8 C. & P. 534. 
 
 As to discovery against the sheriff, see the Pules of the Discovery 
 Supreme Court, 1883, Ord. XXXL, r. 28. *K* 
 
 Procedure. 
 
 By the Blues of the Supreme Court, 1883, Ord. LI I., r. 2, Restriction on 
 "No motion or application for rule nisi or order to show cause orders'to show- 
 shall hereafter be made in any action or . . . for attachment cause, 
 or . . . against a sheriff to pay money levied under an execu- 
 tion." See in relation to this rule, Dehnar v. Freemantle, 3 
 Ex. D. 237. 
 
 By rule 3, " Except where according to the practice existing When notice 
 at the time of the passing of the principal Act any order or rule £ e ^^ t0 
 might be made absolute ex parte in the first instance, and except 
 where, notwithstanding rule 2, a motion or application may be 
 made for an order to show cause only, no motion shall be made 
 without previous notice to the parties affected thereby. But the 
 Court or a judge, if satisfied that the delay caused by proceeding 
 in the ordinary way, would or might entail irreparable or serious 
 mischief, may make any order ex parte upon such terms as to 
 costs or otherwise, and subject to such undertaking, if any, as 
 the Court or judge may think just ; and any party affected by 
 such order may move to set it aside." 
 
 By rule 4, "Every notice of motion . . . for attachment . . . Grounds of 
 shall state in general terms the grounds of the application ; and, forVttach^ 
 where any such motion is founded on evidence by affidavit, a ment to be 
 copy of any affidavit intended to be used shall be served with notice, 
 the notice of motion." See as to rules 3 and 4, the Annual 
 Practice, 1894, pp. 928—932. 
 
 By rule 11, "No order shall issue for the return of any writ, Committal 
 
 or to bring in the body of a person ordered to be attached or f or non- 
 
 committed ; but a notice from the person issuing the writ or compliance 
 
 . ° -with notice 
 
 obtaining the order for attachment or committal (if not repre- to return 
 
 writ, &c.
 
 502 
 
 LIABILITY, ETC. OF AND REMEDIES AGAINST SHERIFF. 
 
 Notice to 
 ex- sheriff 
 to bring in 
 the body. 
 
 Date of order, 
 when drawn 
 up. 
 
 Application 
 for leave 
 to issue 
 attachment. 
 
 sented by a solicitor) , or by bis solicitor, calling upon tbe sheriff! 
 to return such writ or to bring in the body within a given time, if 
 not complied with, shall entitle such person to apply for an order 
 for the committal of such sheriff." See on this rule, Hall v. 
 Ley, 12 Oh. D. 795 ; 48 L. J. Ch. 688 ; 27 W. R. 750. Accord- 
 ing to the 14th Ed. Chitt. Archb., the sheriff may be similarly 
 compelled to return an order to arrest under sect. 6 of the 
 Debtors Act 1869 (32 & 33 Vict. c. 62). 
 
 By rule 12, " When any sheriff shall, before going out of 
 office, arrest any defendant, and render return of cepi corpus, he 
 may be called upon by a notice, as provided by the last pre- 
 ceding rule [11], to bring in the body within the time allowed 
 by law, although he may be out of office before such notice is 
 given." 
 
 And as to date of order when drawn up, see rule 13. 
 By the Rules of the Supreme Court, 1883, Orel. XLIV., 
 r. 2, "No writ of attachment shall be issued without the leave 
 of the Court or a judge, to be applied for on notice to the party 
 against whom the attachment is asked to be issued." " The 
 application is by motion (Ord. LIL, r. 3), or by summons in 
 chambers (D. C. F. p. 395, Chitt. Forms, 473)." Annual Practice, 
 1894, p. 823, and see that work at pp. 823 — 826 on this rule. 
 By the Crown Office Rules, 1886, r. 261, " An application for 
 an attachment for contempt shall be by motion for an order 
 nisi and the service of an order nisi for an attachment shall be 
 personal " ; and see remaining Crown Office Rules, 1886, relating 
 to attachment for contempt. 
 
 An attachment against the sheriff for not bringing in the 
 body can only be granted on an affidavit of service of the notice 
 to bring in the body, and no evidence, however strong, that the 
 sheriff had received the notice will supply the want of it. See 
 Harmer v. Tilt, 2 Marsh. 251, and Barnard v. Berger, 1 N. R. 
 121. And it would seem that the application must be similarly 
 supported in all cases of attachment against the sheriff for con- 
 tempt. For form of affidavit, see Chitt. Forms, p. 414. In 
 applying for an attachment against a sheriff for an insufficient 
 return to a writ the return must be brought before the Court by 
 an office copy verified by affidavit. Wilton v. Chambers, 1 
 II. & W. 582. 
 
 Attachments for a rescue must be made returnable at a 
 general return though the original process was at a day certain. 
 B. v. Wilkins, 1 Stra. 624.
 
 LIABILITY OF AND PROCEEDINGS AGAINST SHERIFF. 
 
 >03 
 
 An attachment against the sheriff is directed to the coroner. Attachment 
 See as to lodging the writ with the coroner, the coroner's return to^bTdkected 
 and the caption of the sheriff, and generally as to attachment to coroner, 
 against the sheriff, and also as to attachment against a late 
 sheriff, Short & Mellor's Practice of the Crown Office, at pages 
 407—409. 
 
 As to costs of attachment, see Abud v. Riches, 2 Ch. D. 528, Costs of 
 and Tilney v. Stansfield, 28 TV. R. 582. " They should be attachment - 
 included in the order for the issue of the writ, and when taxed 
 are recoverable in the usual way." Annual Practice, 1894, 
 p. 826. 
 
 The Court will, as a general rule, allow an informal return to Setting aside 
 be amended and a consequent attachment against the sheriff to 
 be set aside on his payment of the costs, it. v. Sheriff' of Kent, 
 2 M. & TV. 316; and see R. v. Sheriff of Monmouth, 1 Marsh. 
 344 ; and Thorp v. Hook, 1 D. P. C. 494 and 501. 
 
 Where the writ was lost and the sheriff notified this to the 
 plaintiff and that defendant was in custody, the Court set aside 
 an attachment against the sheriff for not returning the writ. 
 R. v. Sheriff of Kent, 1 Marsh. 289. Per Gibbs, L.C.J., " The 
 sheriff had actually executed the writ and was desirous of 
 returning it, but was prevented from so doing by its having 
 been lost. He gave notice to the plaintiff of that circumstance 
 and also that the defendant was in custody. The plaintiff 
 might then have proceeded as if the sheriff had returned cepi 
 corpus and had actually brought in the body." 
 
 Irregularity in the proceedings is a ground for setting aside 
 attachment, In re Uo/t, 11 Ch. D. 168. 
 
 Where, on an application to set aside an attachment issued 
 against a sheriff for not returning a writ of fieri facias, it 
 appeared that the writ was issued on the 2nd of August and 
 that a levy on part of the amount of the defendant's debt was 
 made on the following day, on the 4th of September the sheriff 
 was ruled to return tho writ in eight days, but on the 12th of 
 the same month the defendant died, and the writ was not 
 returned until the 1st of November, it was held that the 
 plaintiff had lost nothing by the delay on the part of the 
 sheriff and that the attachment might be set aside on payment 
 of costs. R. v. Sheriff of Essex, 8 D. P. C. 5 ; and see Ii. v. 
 Sheriff of Devon, 17 L.' J.C. P. 116. 
 
 If, after a compromise by the parties, either party rule the 
 sheriff to return the writ, the Court will discharge that rule with
 
 504 LIABILITY, ETC. OF AND REMEDIES AGAINST SHERIFF. 
 
 costs to be paid by the party obtaining it. Alchin v. Wells, 5 
 T. E. 470. And according to Short & Mellor's Practice of the 
 Crown Office, when a defendant seeks to set aside an attachment 
 because of a subsequent compliance with a writ or order of 
 Court, the motion should be made on payment of the prose- 
 cutor's costs ; and see that work at p. 414 as to the procedure 
 incident to setting aside an attachment. 
 
 And see as to setting aside attachment, R. v. Sheriff (late) of 
 Devon, 1 B. & Ad. 159 ; Heppel v. King, 7 T. E. 370 ; R. v. 
 Sheriff [late] of Middlesex, 4 East 604 ; R. v. Sheriff of London, 9 
 East 316; Fowlds v. Mackintosh, 1 H. Bl. 233; R. v. Sheriffs 
 of London in Hollicr v. Clark, 2 B. & A. 192 ; and R. v. Sheriff 
 of Middlesex, 15 M. & W. 146 ; 3 D. & L. 472. 
 
 Generally. 
 
 Generally. For further information in regard to the sheriff's liability and 
 
 proceedings against the sheriff, see under the various other 
 branches of this work, as also Chitty's Archbold's Practice of the 
 Queen's Bench, the current Annual Practice, and Short & Mellor's 
 Practice of the Crown Office. 
 
 Rights of 
 sheriff. 
 
 II. Eights of Sheriff. 
 
 This subject is fully treated under the other portions of this 
 work, notably in relation to " Execution " generally, " Sheriff's 
 Fees," and " Interpleader " ; see also the above standard works 
 for any further information thereon.
 
 5 la 
 
 Chapter XXXI. 
 
 SHEEIFFS' FEES, ETC. 
 
 By the Sheriffs Act, 1887 (50 & 51 Yict. c. 55), s. 20, sub-s. 1, Fees on sums 
 " A sheriff shall he entitled in respect of all sums due to the co ii ec ted by 
 Crown, and collected by him under process of any Court, to an sheriff, 
 allowance upon his accounts of one shilling and sixpence in the 
 pound for every sum not exceeding one hundred pounds, and 
 one shilling for every pound exceeding the first hundred 
 pounds." 
 
 By sub-sect. 2, " Any sheriff or officer of a sheriff concerned Fees for 
 in the execution of process directed to the sheriff, other than f p r03e ss. 
 process for the recovery of the aforesaid sums due to the Crown, 
 may demand, take, and receive such fees and poundage as may 
 from time to time be fixed by the Lord Chancellor, with the 
 advice and consent of the judges of the Court of Appeal and 
 High Court of Justice, or any three of them, and with the 
 concurrence of the Treasury." 
 
 By sub-sect. 3, " Any sheriff or officer of a sheriff, and any Sheriff, &c, 
 officer arresting or having in custody any person by virtue of ^° y Tew axd 
 any action, writ, or attachment, shall not demand or take any except such 
 reward to do his office, except such remuneration as is given to Crown, &c. 
 the sheriff by the Crown, or is given to an officer of the sheriff 
 by the sheriff, and such fees and poundage as are above men- 
 tioned or are allowed by or in pursuance of any other Act, and, 
 save as allowed by this Act, shall not demand or take directly 
 or indirectly any reward for doing his office or duty or for 
 abstaining therefrom, or in respect of the mode in which he 
 does his office or duty." 
 
 By sub-sect. 4, " Where a sheriff seizes any personal estate for Apportion- 
 any sum due to the Crown and dies or is superseded before he between 
 has sold the same and his successor sells the same, the poundage sheriff and 
 
 "prcciocossor 
 
 and fees due in respect of the seizure and sale shall be appor- in office, 
 tioned between the preceding and subsequent sheriffs in such 
 manner and proportions as a judge of the High Court of Justice 
 may on application determine, having regard to the expense 
 and trouble that each sheriff had."
 
 106 
 
 sheriffs' fees, etc. 
 
 Fees on 
 execution 
 of writs of 
 fieri facias. 
 
 Table of Fees on Writs of Fieri Facias. 
 
 The following is the table of fees to be taken on execution of 
 writs of fieri facias under order of the judges dated 31st August, 
 1888 :— 
 
 1. For expenses incurred by the sheriff's officer in £ s. d. 
 
 making inquiries as to the goods of an execution 
 debtor, and as to claims for rent and other 
 claims on the goods, the actual expenses not 
 exceeding under any circumstances 1 1 
 
 2. For seizure by the sheriff's officer. For each 
 
 building or place separately rated at which a 
 
 seizure is made , 1 1 
 
 3. For mileage : to include the mileage of the bailiff 
 
 or the man in possession, per mile from the 
 
 sheriff's officer's residence 1 
 
 The foregoing fees, numbered 1, 2, and 3, shall be paid by 
 
 the execution creditor, and shall not be recoverable by him 
 
 although the execution proves abortive. 
 
 4. For man in possession, per day £0 5 
 
 To provide his own board in every case. 
 
 5. For removal of goods or animals to a place of safe 
 
 keeping, when necessary, the actual cost. 
 
 6. When goods or animals are removed, for ware- 
 
 housing and taking charge of the same (in- 
 cluding feeding of animals) 2h per cent, on the 
 value of the goods or animals removed, or the 
 sum endorsed on the writ of execution, which- 
 ever is the less. No fees for keeping posses- 
 sion of the goods or animals to be charged 
 after the goods or animals have been removed. 
 
 7. For the inventory and valuation, cataloguing, 
 
 letting, and preparing for sale, when no sale 
 takes place by reason of the execution being 
 withdrawn, satisfied, or stopped, 2h per cent. 
 on the value of the goods. 
 
 [This does not, however, apply to the sale of a ship, Cohen v. 
 De Las Bivas, 64 L. T. 661 ; 39 W. E. 539.] 
 
 8. For advertising and giving publicity to the sale 
 
 by auction, the sum actually and necessarily 
 paid. 
 
 9. For commission to the auctioneer on a sale by 
 
 auction, 7-k per cent, on the sum realized, not 
 exceeding 100/., 5 per cent, on the next 200/., 
 4 per cent, on the next 200/. ; and on any sum 
 exceeding in all 500/., 3 per cent, up to 1,000/., 
 and 2 1 per cent, on any sum exceeding 1,000/. 
 
 10. For any sale by privato contract, half the per- 
 
 centage allowed on a sale by auction. 
 
 11. Sheriff's poundage and the fee for delivery of the 
 
 writ to the under-sheriff shall be the same as 
 before the making of this order.
 
 sheriffs' fees, etc. 507 
 
 Tlio foregoing fees, numbered 2, 3, 4, 5, 6, 8, 9, 10, 11, shall 
 be levied in every case in which an execution is completed by sale, 
 as fees payable to sheriffs were levied before the making of this 
 order. In every case where an execution is withdrawn, satisfied, 
 or stopped, the fees under this order shall be paid by the person 
 issuing the execution, or the person at whose instance the sale is 
 stopped, as the case may be ; and the amount of any costs and 
 charges payable under this scale shall be taxed by a Master of the 
 Supreme Court or District Registrar of the High Court (as the case 
 may be), in case the sheriff and the party liable to pay such costs 
 and charges differ as to the amount thereof. 
 
 The under-mentioned Acts, whereby a sheriff's remuneration Fees or 
 was formerly regulated, are repealed by the Sheriffs Act, 1887 £J™J|* 
 (50 & 51 Vict. c. 55). Sect. 39, sub-sect. 5, of this Act, however, certain A< fcs 
 provides that, "Any fees or poundage authorized to be taken CO ntLue tcTbe 
 by or in pursuance of any enactment hereby repealed may con- taken, 
 tinue to be taken until altered in pursuance of this Act." In 
 view of this reservation and of the limited area dealt with by 
 sect. 20 of tbe Act and the above order of the 31st August, 
 1888, such repeal would appear to be only to the extent of the 
 modification effected by that section (20) and order, and in the 
 same manner it would seem that the fees which a sheriff is 
 entitled to take under 29 Eliz. c. 4 are not interfered with by 
 the fees allowed under 7 Will. 4 & 1 Vict. c. 55 {JDavies v. 
 Griffith, 8 L. J. (N. S.) Ex. 70 ; 4 M. & W. 377 ; 7 D. P. C. 
 204), and the only effect of 7 Will. 4 & 1 Vict. c. 55 in relation 
 to 29 Eliz. c. 4 was to exempt from the penalties of the latter 
 Act the cases in which the sheriff should take no larger fees 
 than allowed by order of the judges under 7 "Will. 4 & 1 Vict. 
 c. 55 (Pilkington v. Cooke, 16 M. & W. 615 ; 4 D. & L. 347 ; 
 17 L. J. Ex. 141 ; 8. P., Wright v. Grecnacre, 10 Q. B. 1 ; 
 11 Jur. 408; 16 L. J. Q. B. 246). It will be, moreover, 
 observed that by sect. 20, sub-sect. 3, of the Sheriffs Act, 1887, 
 the sheriff's remuneration under prior Acts in the therein- 
 mentioned cases is expressly maintained. It has accordingly 
 been deemed advisable to set out the following statutory 
 provisions for a sheriff's remuneration as so modified. 
 
 B}- 29 Eliz. c. 4, the following fees are authorized to be Fee for 
 taken by sheriffs, under-sheriffs, &c, viz. : — For the serving and B 
 
 . .iiTi executing an 
 
 executing any extent or execution upon the body, lands, goods extent or 
 or chattels of any person or persons (this Act is not, however, bod^lands 1 
 to extend to any sheriff's fees to be taken within any city &c> 
 or town corporate (a)) twelvepence in the pound where the 
 
 (a) This reservation is not apparently recognised in practice.
 
 508 
 
 sheriffs' fees, etc. 
 
 Fee for 
 levying debts, 
 &c, except 
 post fines. 
 
 Fee on process 
 hyjl.fa. and 
 extent. 
 
 Fee for 
 executing 
 a hab. fac. 
 possess., &c. 
 
 amount levied, &c. or in respect whereof the body is taken is 
 under one hundred pounds, and sixpence in the pound over and 
 above the first one hundred pounds. 29 Eliz. c. 4 does not bind 
 the Crown. Lake v. Turner, 4 Burr. 1981. 
 
 By 3 Geo. 1, c. 15, s. 3, for levying any debts, duties, or 
 sums of money whatsoever, except post fines, due or hereafter 
 to become due to the King's Majesty, his heirs or successors, by 
 process to them [the sheriffs] directed upon the summons of the 
 pipe or green wax, or by levari facias, out of the Court of 
 Exchequer, sheriffs shall have twelvepence in the pound where 
 the amount levied or collected is under one hundred pounds, and 
 sixpence in the pound over and above the first one hundred 
 pounds (b). 
 
 For levying all debts, duties, and sums of money, except 
 post fines due or to become due to his Majesty, his heirs and 
 successors, by process on fieri facias, and extent, issuing out of 
 any of the offices of the Court of Exchequer, provided the sheriff 
 shall duly answer the same upon this account by the general 
 sealing day of such term in which he ought to be dismissed the 
 Court, or in such time to which he shall have a day granted to 
 finish his said accounts, by warrant signed by the Lord Chief 
 Baron, or one of the barons of the coif of the said Court and 
 not otherwise, the sheriff shall be allowed one and sixpence in 
 the pound where the amount levied or collected is under one 
 hundred pounds, and twelvepence in the pound over and above 
 the first one hundred pounds {IS). 
 
 By sect. 16 of the same Act, for ascertaining the fees for 
 executing of writs of elegit, so far as the same relate to the 
 extending of real estates, and for ascertaining the fees for 
 executing of writs of habere facias possessionem aid seisinani, 
 a sheriff, &c. shall only be entitled for executing of any writ or 
 writs of habere facias possessionem aut seisinani the sum of twelve- 
 pence for every twenty shillings of the yearly value of any 
 manor, messuage, lands, tenements, and hereditaments, whereof 
 possession or seisin shall be by them or any of them given, 
 where the whole exceedeth not the yearly value of one hundred 
 pounds, and the sum of sixpence only for every twenty shillings 
 per annum over and above the said yearly value of one hundred 
 
 (b) This provision is, it will be observed, replaced by that of sect. 20, 
 sub-sect. 1 of the Sheriffs Act, 1887, ante, p. 505.
 
 i-o' 
 
 SHERIFFS 7 FEES, ETC. 
 
 509 
 
 pounds. And see Nash v. Allen, 4 Q. B. 784 ; 12 L. J. Q. B. 
 298. 
 
 Table of Fees under 7 Will. 4 fy 1 Vict. c. 55. 
 
 The following is a table of the fees to be taken by the sheriffs, 
 under-sheriffs, deputy-sheriffs, sheriffs' agents, bailiffs, and 
 others the officers or ministers of sheriffs, in England and 
 Wales, pursuant to the statute 7 Will. 4 & 1 Vict. c. 5r } ( c ). 
 This table is set out with due regard to the apparent disuse now 
 of bail bonds, and some of the other undermentioned process. 
 
 For every Warrant which shall be granted by the Sheriff to his 
 Officer upon any Writ or Process. 
 
 £ s. 
 
 In London and Middlesex 2 
 
 And on Crown and outlawry process, an additional . . 2 
 In all other counties where the most distant part of 
 
 the county shall not exceed 100 miles from London 5 
 
 Not exceeding 200 miles 6 
 
 Exceeding 200 miles 7 
 
 For an arrest in London 10 
 
 In Middlesex, not exceeding a mile from the General 
 
 Post Office 10 
 
 Not exceeding seven miles from same place 1 1 
 
 In other counties, not exceeding a mile from officer's 
 
 residence 10 
 
 Not exceeding seven miles 1 1 
 
 Exceeding seven miles 1 11 
 
 Eor conveying the defendant to gaol from the place of 
 
 arrest, per mile 1 
 
 For an undertaking to give a bail bond 10 
 
 For a Bail Bond. 
 
 If the debt shall not exceed £50 10 
 
 ,, ,, £100 1 1 
 
 ,, ,, £150 1 11 
 
 £300 2 2 
 
 „ „ £100 3 3 
 
 £500 1 4 
 
 If it shall exceed £500 5 5 
 
 For receiving money under the statute upon deposit 
 fur arrest, and paying the same into Court, if in 
 
 London or Middlesex 
 
 If in any other county 10 
 
 Fees for 
 warrants 
 7 granted by 
 ' sheriff to 
 " officer upon 
 writ or 
 
 process. 
 
 Fees on bail 
 bonds. 
 
 (c) See 7 Will. 1 & 1 Vict. c. 55. Such, part of this table as refers to 
 3S at the suit of the Crown is annullod by E. M. T., 10 Vict.
 
 510 
 
 sheriffs' fees, etc. 
 
 Fees for filing 
 bail bonds. 
 
 Fees on 
 assignment 
 of bail or 
 other bonds. 
 
 Fees on writs 
 of trial and 
 inquiry. 
 
 For Filing the Bail Bond. £ s> j 
 
 If the arrest be made in London or Middlesex , 2 
 
 If in any other county , 4 
 
 Assignment of Bail or other Bond. 
 
 If in London or Middlesex 5 
 
 If in any other connty, including postage 7 6 
 
 For the return to any writ of habeas corpus, if one 
 
 action 12 
 
 And for each action after the first 2 6 
 
 For the bailiff to conduct prisoner to gaol, per diem. . 10 
 
 And travelling expenses, per mile 1 
 
 For searching offices for detainers 1 
 
 Bailiff's messenger for that purpose 2 6 
 
 To the bailiffs for executing warrants on extent, capias 
 utlagatum, levari facias (d), ca. sa., ne exeat, attach- 
 ment, elegit, writ of possession, forfeited recogni- 
 zance, process from pipe office, and other like 
 matters, for each, if the distance from the sheriff's 
 office or the bailiff's residence do not exceed five 
 
 miles 1 1 
 
 If beyond that distance, per mile 6 
 
 On distringas, in London 5 
 
 In Middlesex, not exceeding five miles from General 
 
 Post Office 5 
 
 Exceeding five miles 10 
 
 In other counties, not exceeding five miles from 
 
 officer's residence 5 
 
 Exceeding five miles 10 
 
 For each man left in possession, when absolutely 
 necessary — 
 
 If boarded, per diem 3 6 
 
 If not boarded, per diem 5 
 
 For every sale by auction, notwithstanding the de- 
 fendant should become bankrupt or insolvent, 
 where the property sold does not produce more 
 than £300, five per cent. ; £400, four per cent. ; 
 £500, three per cent. ; and where it exceeds £500, 
 2J per cent. 
 
 For the certificate of sale to save auction duty 2 6 
 
 Bond of indemnity, besides stamps 110 
 
 Certificate of execution having issued for record .... 5 
 
 On Writs of Trial and Inquiry. 
 
 For a deputation 1 1 
 
 On lodging writ for entering cause and warrant for 
 summoning jury, which fee shall be forfeited in 
 case of countermand of trial 4 
 
 (</) The words "fieri facias " aro omitted here by reason of the existing 
 Table of Fees for the oxecution of writs of fieri facias under Order of 
 31st August, 1888, supra,, and the abovo Table must be accordingly 
 regarded us solely applicable to tho other cited proceedings.
 
 sheriffs' fees, etc. 
 
 511 
 
 On Trial or Inquisition (e). £ s< fl 
 
 Sheriff for presiding 1 1 
 
 Bailiff for summoning jury and attendance in Court.. 4 
 And if held at the office of the under-sheriff — 
 
 For hire of room, if actually paid, not exceeding . . 10 
 For travelling expenses of under-sheriff from his 
 office to place where trial or inquisition held, per 
 
 mile 1 
 
 To the bailiff from his residence, per mile 6 
 
 The travelling expenses of the under-sheriff from 
 his office, and of the bailiff from his residence to the 
 place where the trial or inquisition is held, are to 
 Be apportioned rateably to the parties, if more than 
 one trial or inquisition be held at the same time 
 and place. 
 
 In all oases in which it shall appear to the master 
 that a saving of expense has accrued to the parties 
 by reason of writ of trial having been executed by 
 deputation, the fee for such deputation shall be 
 allowed. 
 On writs of extent, elegit, capias utlagatum, and others 
 of the like nature ; for summoning the jury, use of 
 
 room, presiding at the inquisition, &c 2 2 
 
 Jury 12 
 
 For travelling expenses of under-sheriff from his office 
 
 to the place of inquisition, per mile 1 
 
 For drawing and engrossing the inquisition, per folio. 16 
 For a summons for the attendance of a witness .... 5 
 
 Fees on trial 
 or inquisition. 
 
 In Replevin. 
 
 Bond upon the same scale as the bail bond. 
 
 Precept to bailiff 2 6 
 
 Notice for service on defendant 2 6 
 
 Broker where the sum demanded and due shall exceed 
 
 £20 and shall not exceed £50, for appraisement 
 
 and affidavit of value 10 6 
 
 Where it shall exceed £50 1 1 
 
 And his travelling expenses from his residence to 
 
 the place where the goods are. per mile 6 
 
 Bailiff for summoning parties and delivering goods to 
 
 tenant 1 1 
 
 And his travelling expenses same as broker. 
 For the warrant, record, and return of a re. fa. lo., 
 
 accedas ad curiam pour, or writ of false judgment. . 16 6 
 
 For writ of retorno hdbendo 4 6 
 
 For each summons on a writ of sci. fa., or for the 
 
 service of writ of capias where no arrest 5 
 
 And mileage per mile 1 
 
 For recording each demand or proclamation under 
 
 writs of outlawry 2 
 
 Fees in 
 replevin. 
 
 (e) By arrangement with tho parties, further allowances are often 
 made when tho inquiry occupies more than a day.
 
 .13 
 
 SHERIFFS' FEES, ETC. 
 
 For bailiff for making- each demand or proclamation 
 on writs of outlawry in London and Middlesex .... 
 
 In other counties 
 
 And travelling expenses, if the distance shall exceed 
 five miles, then for every mile beyond that distance 
 
 For any supersedeas, writ of error, order, liberate, or 
 discharge to any writ or process, or for the release 
 of any defendant in custody (unless in the prison of 
 the county), or of goods taken in execution 
 
 For the return of any writ or process, and filing same, 
 exclusive of the fee paid on filing 
 
 For any duty not herein provided for, such sum as 
 one of the Masters of the Courts of Queen's Bench 
 or Exchequer, or one of the prothonotaries of the 
 Court of Common Pleas, may upon special applica- 
 tion allow. 
 
 £ 
 
 s. 
 
 d. 
 
 
 
 2 
 
 6 
 
 
 
 5 
 
 
 
 6 
 
 4 6 
 
 1 
 
 Fees on 
 warrants 
 ■where several 
 defendants in 
 writ of capias. 
 
 Fees for 
 attendance 
 in Court. 
 
 "Where there are several defendants in a writ of capias, and 
 warrants are issued thereon by the under-sheriff against more 
 than one defendant, no more shall be charged in any case for 
 each warrant, after the first, than two shillings and sixpence. 
 
 By the Reg. Gren., Trin. Term, 1864, it is ordered that the 
 following fees may be taken by sheriffs, or their officers, 
 pursuant to the statute 7 Will. 4 & 1 Yict. c. 55, for attending 
 in Court upon the trial : — 
 
 Of every common jury cause or issue, from the party £ s. d. 
 who entered the same for trial the sum of 10 6 
 
 Of every cause or issue tried by a special jury 
 summoned by precept under the 108th section of 
 the Common Law Procedure Act, 1852, from the 
 party at whose instance the same was so tried, the 
 sum of 1 1 
 
 Fees for 
 executing 
 order to 
 arrest. 
 
 Fees on view. 
 
 With regard to order for arrest under the Debtors Act, 1869, 
 by the Rules of the Supreme Court, 1883, Ord. LXIX. r. 2, 
 " The sheriff or other officer executing the order shall be 
 entitled to the same fees as heretofore." 
 
 By the Crown Office Rules, 1886, r. 159, " Upon any appli- 
 cation for a view there shall be an affidavit stating the place at 
 which the view is to be made, and the distance thereof from the 
 office of the under-sheriff, and the sum to be deposited with the 
 under-sheriff shall be 10/. in case of a common jury, and 16/. in 
 case of a special jury, if such distance do not exceed five miles, 
 and 15/. in case of a common jury, and 21/. in case of a special 
 jury, if it be above five miles. And if such sum shall be more 
 than sufficient to pay the expenses of the view, the surplus shall 
 forthwith be returned to the solicitor of the party who obtained
 
 sheriffs' fees, etc. 513 
 
 the view. If such sum shall not be sufficient to pay such 
 expenses the deficiency shall forthwith he paid by such solicitor 
 to the under-sheriff, and the under-sheriff shall pay and accouDt 
 for the money so deposited, according to the scale at the end of 
 the Appendix to these llules." 
 
 The following is the above-mentioned scale of costs of view in 
 under-sheriff's account under rule 159 : — 
 
 For travelling expenses to the under-sheriff, showers, £ s. d. 
 and jurymen, expenses actually paid, if reasonable. 
 
 Fee to the under-slieriff when distance does not 
 
 exceed five miles from his office 1 1 
 
 Where such distance exceeds five miles 2 2 
 
 And in case he shall be necessarily absent more than 
 one day, then for each day after the first a further 
 fee of 1 1 
 
 Fee to each of tho showers the same as the under- 
 sheriff, calculating the distance from their respec- 
 tive places of abode. 
 
 Fee to each of the common jurymen, per diem 5 
 
 Fee to each special juryman, per diem 1 1 
 
 Allowance for refreshment to the under-sheriff, 
 showers, and jurymen, whether common or special, 
 each per diem 5 
 
 To the bailiff for summoning each juryman whose 
 residence is not more than five miles distance from 
 the office of the under-sheriff 2 G 
 
 And for each whose residence does exceed five miles 
 
 of such distance , 5 
 
 The statutory fees applicable to assessment of damages and Customary 
 compensation appear to be both incomplete and inadequate for asse .ssment 
 the work involved, to meet which it seems customary to make of damages 
 
 under writ ot 
 
 and allow supplemental charges. In this connection the follow- inquiry, and 
 ing representative sets of sheriff's charges on assessment of ^^LandsT 
 damages under a writ of inquiry and on an assessment of com- Clauses Con- 
 pensation under the Lands Clauses Consolidation Act (,/') will Act. 
 probably be of service. 
 
 Precedent of Sheriff' 1 s Charges on Assessment of Damages under 
 Writ of Inquiry. £ s< ( j 
 
 Under-sheriff for presiding 1 1 (y) 
 
 Jury 12 
 
 Bailiff for summoning jury 4 
 
 (/) Prepared from material kindly furnished by two leading county 
 under-sheriffs. 
 
 (ff) The guinea for presiding would appear to bo inadequate, for tho 
 inquiry might last a whole day. Such fee, doubtless, contemplated a 
 Sheriff" s Coiu-t where a number of inquiries would probably be held at tho 
 same time. 
 
 M. T- L
 
 514 sheriffs' fees, etc. 
 
 £ s. d. 
 
 Use of room (charge varies) 4 
 
 Mileage (if inquiry be held at a distance) Is. per 
 
 mile 4 
 
 Inquisition, 1*. 6d. per folio 4 
 
 Eeturn 1 
 
 Precedent of Sheriff 's Charges on Assessment of Compensation 
 under the Lands Clauses Act. 
 
 Special Jury. 
 
 Notice of nominating jury to Loth parties and of £ s. d. 
 
 holding inquisition to promoters 2 2 
 
 Nominating jury and sheriff's fee 2 2 
 
 Two copies of the list of 48 jurors 10 
 
 Reducing same and sheriff's fee 1 1 
 
 Two copies of the list as reduced 5 
 
 Making out 20 summonses and warrant to officer to 
 
 summon jury 1 
 
 Officer's fee summoning jury 2 10 
 
 Under-sheriff's fee attending view 2 2 
 
 Jurors' fees on view 21 
 
 Travelling expenses 21 
 
 Under-sheriff's fee for presiding at inquiry, per day. . 5 5 
 
 Jurors' fees on inquiry 21 
 
 Preparing inquisition, verdict, and judgment, en- 
 grossing same on parchment, endorsing return on 
 
 warrant and filing with clerk of the peace 3 3 
 
 Copy of the warrant to keep 5 
 
 Letters, telegrams, &c 5 
 
 Common Jury. 
 
 Notice of nominating jury to both parties and of 
 
 holding inquisition to promoters , 2 2 
 
 Striking jury 2 2 
 
 Two copies of the list of jurors 5 
 
 Twenty-four summonses and warrant to officer to 
 
 summon jury 1 4 
 
 Officer's fee summoning jiiry 1 4 
 
 Under-sheriff's fee attending view 2 2 
 
 Jurors' fees on view, at &s. each 6 
 
 Travelling expenses 6 
 
 Under-sheriff's fee for holding inquiry, per day .... 5 5 
 
 Jurors' fees on inquiry 1 4 
 
 Preparing inquisition, verdict, and judgment, en- 
 grossing same, endorsing return on warrant and 
 
 filing with clerk of the peace 3 3 
 
 Copy of the warrant to keep 5 
 
 Letters, telegrams, &c 5 
 
 The under-sheriff usually charges whatever sums are paid to 
 
 the clerk of the peace, and for the use of the Court. The officer 
 
 generally gets 1/. Is. for the view, and 1/. Is. per day for being 
 present at the inquiry in charge of the jury.
 
 sheriffs' fees, etc. 515 
 
 A sheriff might levy under a fi. fa. the amount of his fees When sheriff 
 authorized by 7 Will. 4 & 1 Vict. c. 55, although not endorsed andpoundage, 
 on the writ, and he need not particularise their respective under/. /«.; 
 amounts in his return. Curtis v. Mayne, 2 Dowl. N. S. 37. 
 But if the sheriff sells under a venditioni exponas, he is not 
 entitled to deduct anything, either for extra expenses or 
 poundage, and he must make a return of the whole sum pro- 
 duced by the sale, when the Court will order it to be paid over, 
 deducting poundage. Bex v. Jones, 1 Price, 205. 
 
 To entitle the sheriff's officer to charge poundage and other 
 fees under a writ of fi. fa. he must have made an actual seizure 
 before tender of payment. Nash v. Dickinson, L. R. 2 C. P. 
 252; and see Colls v. Coates, 3 P. & D. 511 ; 11 A. & E. 826 ; 
 Mortimore v. Cragg, 3 C. P. D. 216 ; 47 L. J. C. P. 348 ; and 
 Bissicks v. The Bath Colliery Co. Ld, 3 Ex. D. 174 ; 47 L. J. 
 Ex. 408. Moreover, when a sheriff makes a seizure in one 
 place and subsequently has another writ of fi. fa. delivered to 
 him for execution, he is not entitled to charge a fee or mileage 
 for a second seizure under the second writ, unless there is in fact 
 a fresh seizure in a different place. In re Wells, ex parte Sheriff' 
 of Kent, 68 L. T. 231. 
 
 But if the sheriff levies, he is entitled to poundage, though 
 the parties compromise before he sells any of the goods. Alchin 
 v. Wells, 5 T. E. 470. See, moreover, the table of Sheriff's 
 Fees under the Order of 31st August, 1888, ante, p. 506. 
 
 The sheriff is entitled to retain his poundage though the 
 execution is set aside for irregularity. Bullen v. Ansley, 6 Esp. 
 111. But a sheriff is not entitled to poundage where, after 
 seizure and before sale, the judgment and all subsequent pro- 
 ceedings are set aside for irregularity. Miles v. Harris, 12 
 C. B. N. S. 550 ; 31 L. J. C. P. 361 ; 6 L. T. 649. 
 
 If a sheriff leaves goods taken in execution with a person who 
 parts with the possession of them, he has no right to retake 
 them merely to secure his own poundage, in a case where the 
 execution was fraudulent. Goode v. Langley, 7 B. & C. 26. 
 And where a sheriff sells goods which he has taken in execution 
 wrongfully, it is a question for the jury to determine in their 
 estimate of damages in each particular case whether or not he 
 shall be allowed the expenses of the sale. Clarke v. Nicholson, 
 4 L. J. (N. S.) Ex. GG; 1 C. M. & R. 724 ; 5 Tyr. 233. 
 
 The sheriff is entitled to poundage on the sum he received 
 under the execution only, and not on the amount claimed or 
 
 ll2
 
 516 
 
 sheriffs' fees, etc. 
 
 under elegit ; 
 
 under extent 
 
 under arrest 
 process. 
 
 seized. Bex v. Robinson, 2 C. M. & E. 334 ; 4 D. P. C. 447 ; 
 1 Gale 209 ; 5 Tyr. 1095 ; and see In re Purcell, 13 L. E. Ir. 
 489. He is, however, entitled to poundage on the whole 
 amount realized by his sale, although a portion of it is paid 
 over to the landlord for rent. Dairies v. Edmonds, 1 D. & L. 
 395 ; 12 M. & W. 31 ; 13 L. J. Ex. 1. In a case where the 
 sheriff levied for a larger amount than that marked on the writ, 
 and retained with the execution debtor's solicitor's assent 
 poundage fees in respect of such larger amount, it was held 
 that he was nevertheless only entitled to poundage fees on the 
 amount marked on the writ. Byrne v. Hutchison, 9 Ir. E. 
 C. L. 75 ; and see Lyster v. Bromley, Jones, W., 307 ; Cro. Car. 
 286. 
 
 A sheriff is not entitled to poundage on a writ of elegit unless 
 he has extended the land under the writ. Therefore, where a 
 judgment creditor issued three writs of elegit on successive 
 judgments, and the sheriff delivered to him possession of the 
 lands under the first writ, it was held that the sheriff had no 
 power to extend the land under the second and third writs 
 and consequently was not entitled to poundage on these writs. 
 Carter v. Hughes, 27 L. J. Ex. 225 ; 2 H. & N. 714 ; and see 
 the judgment of Martin, B., in that case. 
 
 Where two extents issue into different counties, the sheriff 
 who completes his levy is entitled to full poundage (Bex v. 
 Caldwell, 1 Anst. 279 ; and see Bex v. Barber, 3 Anst. 717) ; 
 though the debt is voluntarily paid to him. Bex v. Fry, 2 
 Anst. 358. 
 
 A sheriff has no right to levy costs or poundage, or any 
 incidental expenses, under an extent on a simple contract debt. 
 Bex v. Tidmarsh, 5 Price, 189. 
 
 If, on an extent issuing against the acceptors of bills for the 
 purpose of levying a debt of the Crown, the drawers, after the 
 execution of that process, take up and pay the bills, they are 
 not liable to pay poundage on the levy. Bex v. Frcme, 2 
 Trice, 58. 
 
 And see as to sheriff's fees and poundage in Crown process, 
 Bex v. Villers, 8 Price, 587; Rex v. Bowles, Wightw. 116; and 
 Bex v. Crackenthorp, 2 Anst. 412. 
 
 A sheriff lias no right to take poundage on the execution of a 
 ca. sa. Ilayley v. Racket, 5 M. & W. 620. And the sheriff is 
 not entitled to his fees from a party who has been improperly 
 arrested. In re Thomas, 4 L. J. (N. S.) Ch. 32.
 
 sheriffs' fees, etc. 517 
 
 The sheriff cannot be required to pay into Court money levied 
 under an attachment, but ho is not entitled to his poundage on 
 the sum levied. Rex v. Devon (Sheriff), 3 D. P. C. 10. In Bex 
 v. Palmer, 2 East. 411, the Court directed the sheriff to refund 
 his poundage which he had retained out of money levied upon 
 an attachment for non-payment of money, there being no 
 practice to warrant it. 
 
 A sheriff had formerly to apply to the Court for any extra Extra 
 allowance or expenses beyond his statutory remuneration (Slater and expenses. 
 v. Staines, 7 M. & W. 413 ; 9 D. P. C. 221 ; Daries v. Edmonds, 
 12 M. & "W. 31 ; 31 L. J. Ex. 1 ; and Bex v. Fereday, 4 Price, 
 131), and it is conceived that in such a case an application to 
 the Court for an allowance beyond the statutory remuneration 
 is still necessary. Referring to the past decisions on this point, 
 where a defendant against whom a ca. sa. issued, was confined 
 to his bed, and too ill to be removed, the Court could afford the 
 sheriff no relief for the extra costs incurred in keeping the 
 custody, but enlarged the time for him to make his return. 
 Jones v. Robinson, 2 Dowl. N. S. 1044; 11 M. & W. 7-38; 12 
 L. J. Ex. 415. And, in Lane v. Scire!!, 1 Chit. 175, it was 
 held that a sheriff will not be allowed extra expenses of 
 summoning special jurors on account of their residing at a 
 distance from each other ; and that the Court will grant a rule 
 absolute for the sheriff to refund the money received on this 
 account, though he has actually expended it. 
 
 The sheriff may have an action upon a promise to pay his Kecovery of 
 fees due by law" Stanton v. Suliard, Cro. Eliz. 654. See, feesb y sheriff - 
 moreover, the order of the 31st August, 1888, ante, p. 506, as to 
 fi.fa., which order would seem to vary the law as to solicitors' 
 liability for sheriffs' fi. fa. fees under the former leading cases 
 of Maybury v. Mansfield, 9 Q. B. 754; and Royle v. Bashy, 6 
 Q. B. D. 171. A sheriff may, moreover, maintain an action for 
 his fees for executing a ca. sa. against either the plaintiff or the 
 defendant in the original action. Bagot v. Matone, 5 Ir. L. R. 
 454. 
 
 In a case where the execution creditor paid the expenses of a 
 sale by appraisement of the goods sold under the fi. fa., it was 
 held that, in the absence of all proof of the circumstances under 
 which such appraisement took place, he could not set off the 
 amount so paid against the sheriff's demand for poundage. 
 Marshall v. Sicks, 10 Q. B. 15 ; 16 L. J. Q. B. 134. 
 
 In an action by a sheriff for his poundage, proof that he has
 
 518 
 
 sheriffs' fees, etc. 
 
 Taxation of 
 sheriff's costs 
 and charares. 
 
 Recovery of 
 fees by 
 sheriff's 
 officer. 
 
 Remedies for 
 extortion. 
 
 acted as sheriff is sufficient evidence of his being so, without 
 proof of his appointment. Buribury v. Matthews, 1 0. & K. 
 380. 
 
 A taxation of sheriff's costs and charges by a Master of the 
 Supreme Court or District Registrar of the High Court under 
 the General Order as to fees of the 31st August, 1888, made in 
 pursuance of the Sheriffs Act, 1887, is not the subject of review 
 under the provision of Ord. LXV., r. 27 of the Rules of the 
 Supreme Court, 1883. Such taxation is a mere calculation of 
 amount, and per sc fixes no liability on the person assessed. 
 Townend v. Yorkshire {Sheriff), 24 Q. B. D. 621 ; 59 L. J. 
 Q. B. 156 ; 62 L. T. 402 ; 38 W. E. 381 ; 54 J. P. 598. 
 
 Where there is a special contract between the sheriff's officer 
 and the execution creditor's solicitor, the sheriff's officer may 
 sue the solicitor for his fees. Foster v. Blakelock, 5 B. & C. 328 ; 
 Walbank v. Quarterman, 3 C. B. 94 ; Ormerod v. Foskett, 2 Peake 
 77 ; Seal v. Hudson, 4 D. & L. 760 ; and Boyle v. Busby, 6 
 Q. B. D. 171. "There is no authority precisely in point as 
 to the capability of a sheriff's officer to sue an execution creditor 
 for his fees before the Sheriffs Act, 1887 " {per Hawkins, J., in 
 Smith v. Broadbent, 1 Q. B. D. 551), and no action could be 
 maintained by the sheriff's officer against the execution creditor 
 when there was a special contract with the solicitor. Maile v. 
 Mann, 2 Ex. 608. 
 
 Moreover, a sheriff's officer cannot maintain an action against 
 an execution creditor for his fi. fa. fees under the Sheriffs Act, 
 1887, and the order and schedule of fees made in accordance 
 with sect. 20, sub-sect. 2 of that Act, but the sheriff alone can 
 sue the execution creditor for them, and the sheriff must 
 himself settle with his subordinates. Smith v. Broadbent, ante, 
 and per dictum therein of Hawkins, J. 
 
 In addition to the remedies for extortion given by the 
 Sheriffs Act, 1887 (50 & 51 Yict. c. 55), sect. 29, sub-sect. 2, 
 as to which see ante, p. 496, under the title " Liability and 
 Bights of Sheriff, &c," the party upon whom the extortion is 
 committed has a remedy by action against the sheriff for money 
 had and received. At common law an indictment may also be 
 maintained, but only against the party actually guilty of the 
 offence, and the sheriff, therefore, although liable to an action, 
 is not liable to an indictment for the offence of his officer. If a 
 sheriff's officer takes money colore officii for anything done in 
 the course of his duty, and to which he is not entitled by law,
 
 sheriffs' pees, etc. 519 
 
 an action lies against the sheriff though there is no evidence 
 that the money came to his hands. Jones v. Perehard, 2 Esp. 
 507. 
 
 The examined copy of a writ returned with the name of a 
 sheriff's officer endorsed thereon, and proof that process was 
 executed by an officer of that name, and that the practice of the 
 sheriff's office is to endorse on the writ the name of the officer to 
 whom the sheriff's warrant is delivered is sufficient to connect the 
 sheriff with the acts of such officer and to render him liable in 
 an action for extortion. Scott v. Marshall, 1 L. J. (N. S.) Ex. 
 97 ; 2 0. & J. 238 ; 2 Tyr. 257. And see under the title 
 " Evidence to connect the Sheriff, &e.," ante, p. 498. 
 
 An under-sheriff cannot refuse to execute process till he has 
 his fees ; if he does, he may be indicted for extortion {Hescotfs 
 Case, 1 Salk. 330, and see Bridge v. Cage, Cro. Jac. 103) ; and 
 an officer cannot detain for fees. Mason v. Cutter son, 1 Ld. 
 Eaym. 4. 
 
 If a sheriff's officer is guilty of extortion, the party complain- 
 ing may call upon the sheriff to show cause why he should not 
 refund the excess, and upon the officer to show cause why an 
 attachment should not issue against him under the same rule. 
 BM-e v. Newborn, 2 B. C. E. 263 ; 5 D. & L. 601 ; 12 Jur. 882 ; 
 17 L. J. Q. B. 216, and see Dew v. Parsons, 2 B. & A. 562 ; 
 1 Chit. 295.
 
 520 
 
 Chapter XXXII. 
 
 sheriffs' accounts. 
 
 Transmission By the Sheriffs Act, 1887 (50 & 51 Viet, c. 55), s. 21— 
 accounts to " (1) Every sheriff shall within two months after the expiration 
 and allowance f hi s office, or in case of the death of any sheriff the under- 
 sheriff by him appointed shall within two months next after the 
 death of such sheriff, transmit to the Treasury a just and true 
 account under his hand : (a) of all sums received by such sheriff, 
 for the use of the Crown, and of all sums paid or claimed by 
 him or on his behalf (including such sums as have been usually 
 inserted in the bill of cravings (a) ) , with all such particulars as 
 are needful to explain the same, and (b) of the names and 
 residences of all persons incurring fines, issues, amerciaments, 
 forfeited recognizances, or sums of money which he has been 
 authorized to levy by virtue of any writ issued to him or to any 
 predecessor in office, and if the same have not been levied, the 
 causes of their not having been levied ; and the Treasury may 
 grant a warrant for the allowance of the sums so paid or claimed 
 in the account, or for the payment of such sum of money in 
 respect thereof as they may think reasonable : (2) Provided as 
 follows — (a) a sheriff or under-sheriff shall not be imprisoned 
 upon any process for not finishing his accounts in due time, or 
 for any contempt or neglect in relation to his accounts, except 
 by a warrant naming such sheriff or under-sheriff and specifying 
 his offence, and issued by one of the judges of the High Court 
 of Justice ; (b) an under-sheriff shall not be personally respon- 
 sible for any sum received by a deceased sheriff, but the same 
 shall be answered by the representatives of the deceased sheriff 
 or otherwise in due course of law ; and (c) nothing in this 
 section shall alter the right of any body corporate or person 
 under any charter to receive any fines or other sums." 
 Audit of By sect. 22 of the same Act — " (1) All accounts of sheriffs 
 
 accounts. an< ^ their under-sheriffs which are transmitted to the Treasury 
 
 (a) i.e., the sheriff's claim.
 
 SnEEIFFS' ACCOUNTS. 521 
 
 under this Act shall be examined and audited by such persons 
 and in such manner as the Treasury may from time to time by 
 warrant direct ; and the Treasury may by any warrant make 
 such provisions in relation to the transmission, examination, 
 verification, and audit of such accounts, and for ascertaining 
 and determining tho balances due from and the discharge of 
 the persons accounting, as to the Treasury may seem proper. 
 
 (2) Every such warrant shall be laid before both Houses of 
 Parliament within fourteen days after the making thereof if 
 Parliament be sitting, and if Parliament be not sitting then 
 within fourteen days after the next meeting of Parliament. 
 
 (3) If under any such warrant it is necessary for a sheriff or 
 under-sheriff to take any oath to any account or any matter 
 relating thereto, such oath, except when the Treasury require 
 his personal examination before the person appointed by them 
 to audit, maybe sworn before any judge of Her Majesty's High 
 Court of Justice, or before any Master of the Supreme Court of 
 Judicature, or before any commissioner for taking oaths in the 
 Supreme Court of Judicature, or before any justice of the peace. 
 
 (4) If any officer, clerk, or other person concerned in the passing 
 of sheriff's accounts by his -wilful act or default hinders any 
 sheriff in passing his accounts, or obtaining his quiet an (b), he 
 shall make such satisfaction to the party aggrieved as may be 
 ordered by Her Majesty's High Court of Justice or any judge 
 thereof on complaint made in such summary manner as the said 
 Court may order." 
 
 As to the usual allowances to sheriffs, the Treasury make Sheriffs' al- 
 certain fixed allowances which were settled by it in 1856 on the m ^de n of S ob? 
 basis of the amounts generally allowed before that time. These taining same, 
 allowances vary in different counties. All sums of money which 
 have been reasonably and bond fide paid for the Crown in and 
 about the execution of the office of sheriff constitute its essen- 
 tials, and are allowed. By sect, 28 of 31 & 32 Yict. c. 125, it 
 is provided that all expenses properly incurred by the sheriff in 
 receiving the judge on the trial of an election petition and of 
 providing him with necessary accommodation and with a proper 
 court shall be defrayed by the Treasury. 
 
 The following is the usual mode of obtaining the sheriff's 
 cravings : — At the termination of the sheriff's year of office his 
 
 (b) i.e., a document signed by the sheriffs' auditors showing what 
 amount has been allowed.
 
 522 sheriffs' accounts. 
 
 under-sheriff obtains from his London agent the necessary forms 
 for passing the bill of cravings, which forms the latter obtains 
 from the Treasury. The bill of cravings is generally signed by 
 the sheriff in duplicate, together with an authority from him to 
 the Treasury to pay the amount of the cravings to the under- 
 sheriff. It seems, however, to be customary in some counties 
 for the bill of cravings to be signed by the under-sheriff. The 
 under-sheriff fills up and signs the forms incident to the bill of 
 cravings, and the papers are thereupon returned to the under- 
 sheriff's London agent for his revision and passing of the 
 accounts, generally through an expert. On the London agent 
 obtaining the sheriff's " quietus" he forwards the same to the 
 under-sheriff (c) . 
 
 Generally speaking, the Treasury assize allowances are for 
 advertising assizes, fitting up courts, &c. (i. c, stationery, &c. for 
 the judges), balloting box, judges' lodgings, summoning jurors, 
 nomina ministrorum (i. e., the names of the magistrates made out 
 on parchment), as also an allowance to the high sheriff, his 
 under-sheriff, and the latter's clerk for their respective attend- 
 ance at the third or special assize, but for such assize only. 
 This allowance is apparently not made to Irish high sheriffs. 
 There is moreover a fixed daily allowance made to the high 
 sheriff for his carriage (if hired), javelin men, trumpeters, 
 advertising assizes, fitting up courts, &c, and summoning jurors 
 for the special assize. 
 
 The sheriffs of metropolitan counties who attend the Central 
 Criminal Court are allowed a fixed sum for their attendance. 
 The sheriffs of Essex, Kent and Surrey are bound to attend. 
 
 If the jury are detained all night, the Treasury allow the 
 expenses for their keep, or if the judge orders refreshments for 
 a jury, which he is in the habit of doing when they are locked 
 up, the costs of such refreshments are allowed by the Treasury. 
 
 Vouchers are required for all disbursements with the exception 
 of those for the balloting box and for summoning jurors. 
 
 (c) In the case of the City of London, it is the duty of the Secondary to 
 attend before the Queen's Remembrancer on the 31st October in each 
 year to render the accounts of the City of London, and to give such 
 assistance as may bo necessary in passing tho same.
 
 INDEX. 
 
 ABATEMENT, WRIT OF, 211. 
 form of, 211. 
 issued, when, 211. 
 
 ACCOUNTS, SHERIFFS', 520 et seq. 
 audit of, 520. 
 transmission of, to Treasury, 520. 
 
 ADMINISTRATOR : 
 
 goods in possession of execution debtor as, 74 . 
 privilege of, from arrest for debt of intestate, 184. 
 
 ALIAS AND PLUMES WRITS: issue of, 34, 197, 207. 
 
 ALIENS : not exempt from arrest, 186. 
 
 ALLOCATUR : writ of exigent with, 35. 
 
 ALLOWANCES : 
 
 to sheriffs by Treasury, 520, 521. 
 mode of obtaining, 521. 
 
 AMBASSADORS : 
 
 goods of, not seizable in execution, 71. 
 privileged from arrest, 183. 
 
 servants of, goods of, seizable in execution unless registered, 71. 
 privilege of, from arrest, 183. 
 
 APPEARANCE : 
 
 process to compel, 40. 
 how tested, 41. 
 
 APPOINTMENT : 
 
 bailiffs, bound and special, of, 12. 
 sheriff, of, 1. 
 
 in counties of cities and towns, 3. 
 sheriff's deputy in London, of, 11. 
 
 form of, 12. 
 sheriff's deputy to take an inquisition, of, 410. 
 
 form of, 410. 
 undersheriff, of, 6. 
 
 fee to clerk of peace for filing duplicate of, 6. 
 
 form of, 7.
 
 524 INDEX. 
 
 ARRANGEMENTS WITH CREDITORS, 366 ct seq. 
 private, 367. 
 
 deeds of arrangement, 
 
 only bind assenting creditors, 367 
 registrar of, 368. 
 
 registration of, creditors may sign after, 368. 
 form of, 368. 
 mode of, 368. 
 office for, 369. 
 revocable by debtor, bow far, 367. 
 under 50 & 51 Vict. c. 57.. 367. 
 void unless registered, 368. 
 statutory, 366. 
 
 ARREST. See also Aeeest Process. 
 bail, when it may be taken, 190. 
 debt, for, abolition of, with exceptions, 155 
 discbarge from custody, 191. 
 
 effect of, 194. 
 
 on authority of attorney in the cause, 192. 
 plaintiff, 192. 
 
 under order of Court, 193. 
 duties of sheriff, &c, on, of civil debtors, 179. 
 exemptions from, 182. 
 
 persons permanently privileged, 182. 
 temporarily privileged, 184. 
 illegal, bability of sheriff for costs of, 187. 
 invalidation of the, 175. 
 
 irregular, discharge from custody on ground of, 175, 193. 
 mode of, 177. 
 
 actual touching must take place, 177. 
 
 authority of bailiff, must be by, 177. 
 
 breaking and entering houses, 177. 
 
 entering and searching stranger's house, 179. 
 
 warrant must be produced, 177. 
 non- exemptions from, 186. 
 obstructing, liability for, 187. 
 orders for, forms of, 168. 
 place of, 181. 
 
 privilege from, discharge from custody on ground of, 193. 
 privileged places, 181. 
 re -arrest and detention, 196. 
 resisters, of, 176. 
 several, writs, under, 197. 
 
 when original arrest illegal, 197. 
 legal, 197. 
 time of, 176. 
 
 may take place at any time of day writ returnable, 177. 
 but not legally afterwards, 177. 
 
 Sunday, illegality of, on, 176. 
 
 except on escape warrant, 176. 
 warrant to, form of, 173.
 
 INDEX. 525 
 
 ARREST OF DEFENDANT under sect. 6 of Debtors Act, 1869.. 33, 157. 
 costs of, 33. 
 
 date of, to be indorsed on order, 34 . 
 discharge on payment or security given, 33, 191, 194. 
 order for, application for, 33. 
 
 concurrent, in different counties, 33, 197. 
 form of, 33. 
 indorsement on, 34. 
 rescinding, application for, 33. 
 security to be given by defendant upon, 33, 191. 
 control of Court over, 33, 191. 
 discbarge upon, 33, 191. 
 power to, defendant about to quit England, 157. 
 sheriff's fees on, 33. 
 
 ARREST PROCESS. See aho Aeeest. 
 delivery of writs to sheriff, 174. 
 description of defendant, 174. 
 different kinds of, 154. 
 execution of writs, 174. 
 
 force to be provided by sheriff in executing, 176. 
 information given to sheriff, 174. 
 practice applicable to, 159. 
 return of writs, 198. 
 forms of, 201. 
 sheriff's initial steps, 175. 
 
 ARTICLES OF THE PEACE : 
 
 application for leave to exhibit, 45. 
 argument, proceedings on the, 46. 
 attachment on, 45, 155. 
 
 application for, 45. 
 
 bail may be taken, 190. 
 
 form of bail bond, 190. 
 
 return to, 45, 199. 
 
 procedure on, 45, 46. 
 bail, bringing up defendant upon finding, 46. 
 certiorari to remove, 46. 
 exhibitant to be sworn in Court, 45. 
 recognizance, 46. 
 
 removal of, from assizes or sessions, 46. 
 security for the peace, 46, 191. 
 
 motion for, 46. 
 
 ASSESSMENT OF COMPENSATION. See Compensation and Compen- 
 sation COUBT. 
 
 ASSESSMENT OF DAMAGES. See Inq.ttiby, Whit of. 
 
 ASSISTANCE, WRIT OF: issued, when, 133. 
 
 ASSIZE : 
 
 Court of, includes Central Criminal Court, 442. 
 
 fines, &c, recovery of. See Fines, Penalties, &c., Recoveb? of.
 
 526 INDEX. 
 
 ASSIZES, 440 et seq. 
 
 arrival of judges, 474. 
 
 order of precedence on, 475. 
 attendance of sheriff, undersheriff, &c, in Court at, 478. 
 
 on judges at, 477. 
 balloting for juries at, 480. 
 
 calendar of justices of the peace, &c, form of, 471. 
 church services at, 476. 
 
 held, where, 476. 
 
 procession at, order of, 477. 
 on Assize Sunday, 477. 
 
 seating arrangements at, 477. 
 commission, opening of the, 475. 
 duties of undersheriff at, heads of, 442. 
 expenses of sheriff at, 486. 
 
 in summoning jurors, 486. 
 grand jury, swearing and charging, 476. 
 held, when, 441. 
 where, 441. 
 jurors at. See Juroes. 
 jury at. See Juey. 
 jury panels, 467. 
 
 copy of, to be delivered to parties indicted for high treason, 467. 
 
 forms of, 469, 470. 
 
 how to be drawn up and to whom delivered, 472. 
 
 printed, to be prepared by sheriff and annexed to record, 467. 
 list of coroners and bailiffs, form of, 472. 
 
 magistrates and officials, form of, 472. 
 notification of prisoners for trial in case of combined county, 446. 
 
 form of, 446. 
 police constables, employment of, to keep order, &c, at, 478. 
 power by Order in Council to unite counties for purpose of, 441. 
 precept, 442, 445, 467. 
 
 duties of undersheriff on receipt of, 442. 
 
 return to, 468. 
 
 forms of, 469. 
 publication of assize, form of, 445. 
 view of jurors at. See View. 
 
 ATTACHMENT : 
 
 alias and pluries writs of, issue of, 43, 197. 
 
 articles of the peace, on. See Aeticles of the Peace. 
 
 bail may be taken under, 190. 
 
 complete, when, for purposes of Bankruptcy Act, 1883. .358. 
 
 contempt, for. See Contempt. 
 
 costs of, 495, 503. 
 
 difference between, and committal, 155. 
 
 directors of corporation, against, 27, 235. 
 
 disobedience to habeas corpus, for, 41, 205. 
 
 appeal against order for, 205. 
 judgments enforceable by, 22, 23, 38, 155. 
 
 motion for, notice of, grounds of application to be stated in, 501. 
 no motion, &c, for rule nisi, &c, to be mado for, 501. 
 order for, duration of, 160.
 
 index. 527 
 
 ATTACHMENT— continued. 
 
 poundage, when sheriff entitled to, under, 517. 
 practice applicable to, 159. 
 restriction of rights of creditor under, 358. 
 several writs of, may issue, 196. 
 sheriff, against, 120, 502. 
 setting aside, 503. 
 warrant on, forms of, 170. 
 writ of, application for leave to issue, 29, 502. 
 
 definition of, 154. 
 
 effect of, 29. 
 
 forms of, 162. 
 
 setting aside, 160. 
 
 ATTORNMENT, 290, 298, 313. 
 
 AUDITA QUERELA: proceedings by, abolished, 27. 
 
 AUERIA CARUCJE : cannot be taken under extent, if other chattels 
 sufficient, 144. 
 
 BAIL : 
 
 application for, to be by summons, 37. 
 attachment, may be taken under, 43, 190. 
 
 form of bond under, 190. 
 capias ad satisfaciendum, cannot be taken under, 190. 
 outlawry, on, 36. 
 
 BAIL BONDS : 
 
 fees on. See Fees. 
 
 form of, under attachment for the peace, 190. 
 
 BAILIFF. See also Sheriff's Offices. 
 appointment of, 12. 
 bond of, 15. 
 
 complaint against, costs of, Court may make order as to, 497. 
 copy of sect. 14 of Sheriffs Act, 1887, to be delivered to, by sheriff, &c, 
 
 ISO. 
 to be shown by, to civil debtor 
 on arrest, 180. 
 declaration by, 14. 
 form of, 14. 
 duties of, on arrest of civil debtors, 179. 
 
 fining of, for summoning as juror person not in warrant, 457. 
 indemnity to, acting under provisions of 56 Geo. 3, c. 50. .246. 
 liability of sheriff for acts of, 13, 493. 
 liberty, franchise, &c, of, duties of, 18, 19. 
 sale of offices of, prohibited, 19, 498. 
 negligence of, in not paying over in arrest on mesne process, 193. 
 proceedings against, postponement of, 498. 
 
 time within which to be taken, 498. 
 punishment of, by what Courts, 497. 
 
 for misconduct, &c, 495. 
 person pretending to act as, 497.
 
 528 INDEX. 
 
 BAILIFF — continued. 
 
 reward, none to be taken by, except fees allowed, 505. 
 sale of office of, prohibited, 14, 498. 
 special, 12, 13. 
 
 appointment of, 12. 
 
 liability of sheriff for acts of, 13, 494. 
 
 BAILIWICK : origin of term, 63. 
 
 BANK NOTES : seizable in execution under fieri facias, 71. 
 
 BANKRUPT : arrest, how far privileged from, 184, 185, 187. 
 
 BANKRUPTCY, 349 et seq. 
 act of, 349. 
 
 assignment of property for benefit of creditors an, 349, 367. 
 fraudulent conveyance or preference an, 350, 371. 
 notice of, 359. 
 
 sufficiency of, 359. 
 adjudication of, 352. 
 
 administration in, of person dying insolvent, 366. 
 attachment, effect of bankruptcy on, 358. 
 
 when regarded as complete, 358. 
 commencement of, 356. 
 computation of time, 366. 
 
 costs of execution, when goods or proceeds delivered to official receiver, 
 360, 361. 
 taxation of, 361, 363. 
 Crown, certain provisions of Bankruptcy Act, 1883, to bind, 366. 
 discharge, 196, 354. 
 
 effect of order of, 355. 
 
 property acquired after, right of bankrupt to, 355. 
 effect of, on antecedent transactions, 358. 
 evidence, 366. 
 
 execution, duty of sheriff as to goods taken in, on notice of receiving 
 order, 359. 
 when judgment debt exceeds 20?., 361. 
 effect of bankruptcy on, 358. 
 
 sale in, to be by public auction if execution for more than 
 20J...364. 
 private, application for order for, 365. 
 when regarded as complete, 358. 
 injunction restraining sale, notice of, 
 
 duty of sheriff's officer on receipt of, 359. 
 liability for proceeding after, 359. 
 petition, notice of, 
 
 duty of sheriff on receipt of, 361. 
 liability of sheriff for paying after, 364. 
 service of, on sheriff, 363. 
 proceedings against debtor, 
 
 County Court may stay, in case of small bankruptcies, 353. 
 Court may stay, on proof of presentation of petition, 353. 
 power of Court does not apply to, after discharge, 354. 
 stay of, liability of sheriff's officer for proceeding after notice 
 of, 354, 359.
 
 INDEX. 529 
 
 BANKRUPTCY— con t in ucd. 
 
 property of bankrupt divisible amongst creditors, extent of, 356. 
 receiving order, 351. 
 
 duty of sheriff as to goods taken in execution on notice of, 359. 
 
 effect of, 352. 
 
 petition of creditor, on, 35 1 . 
 
 of debtor, on, 352. 
 where proceedings stayed, Court may make, on another peti- 
 tion, 352. 
 reputed ownership of bankrupt, effect of seizure by sheriff on, 357. 
 Bheriff , definition of, in Bankruptcy Act, 1 883 . . 366. 
 Bmall bankruptcies, 366. 
 
 title of purchaser of debtor's goods against trustee in, 364. 
 vesting of property in trustee or official receiver, 353. 
 
 BARRISTERS : 
 
 exemption of, from service on juries, 453. 
 privilege of, from arrest, 184. 
 
 BILLS OF EXCHANGE: seizable in execution under fieri facias, 71. 
 
 BILLS OF SALE, 291 et seq. 
 Act, 1854.. 292. 
 
 repealed by Bills of Sale Act, 1878. .291, 301. 
 1866. .294. 
 
 repealed by Bills of Sale Act, 1878. .291, 301. 
 1878.. 295. 
 
 application of, 295. 
 interpretation of terms, 296. 
 
 repeal of part of, by Bills of Sale Act, 1882 . . 305. 
 1882.. 302. 
 
 interpretation clause, 302. 
 1890.. 306. 
 1891. .306. 
 after- acquired property, 
 
 assignments of, 317. 
 
 in respect of, void except as against grantor, 303, 318. 
 
 exception as to certain things, 303, 318. 
 agreement for hire, 311. 
 
 in building contract that materials become property of 
 landowner not a bill, 311. 
 apparent possession of grantor of, 297, 345. 
 assignment of registered, need not be registered, 300, 343, 348. 
 avoidance of duplicate, in certain cases, 299. 
 under 30/., 305. 
 
 unless attested and registered, 304. 
 with power to seize, except in certain events, 303. 
 chattels seized under, not to be removed or sold within five days, 305. 
 companies, by, 313. 
 copies of, may be taken, 301. 
 
 debentures to which Bills of Sale Act, 1882, not to apply, 306, 314. 
 document recording transaction and regulating rights of pledgee of 
 
 goods not a bill, 310. 
 equitable assignment of chattels, 313. 
 
 M. M M
 
 530 INDEX. 
 
 BILLS OF BALE— continued. 
 
 factory or workshop, definition of, by Bills of Sale Act, 1878. .264, 297. 
 fees, 301. 
 
 fixtures not to be deemed separately assigned when land passes by 
 same instrument, 265, 298. 
 substituted, to be valid in respect of, 265, 303. 
 formalities to be observed, 319. 
 attending execution, 337. 
 
 affidavit of attestation and execution, 300, 341. 
 
 description of grantor and witness in, 300, 341, 342. 
 attestation, 299, 304, 339. 
 
 under Bills of Sale Act, 1878, by solicitor, 299, 340. 
 under Bills of Sale Act, 1882, by witness, 304, 340. 
 witness to, description of, 300, 340. 
 description of grantee, 339. 
 
 of grantor, 300, 337. 
 name, 337. 
 occupation, 338. 
 residence, 339. 
 defeasance, 300, 325. 
 
 description of chattels must be specific, 302, 323. 
 form, 304, 325. 
 
 equality of instalments not obligatory, 328. 
 
 improper conditions not cured by proviso incorporating 
 
 sect. 7 of 1882 Act, 335. 
 maintenance or defeasance of the security, extent of 
 
 expression, 329. 
 non- disclosure of covenants in recited indenture avoids, 
 
 333. 
 proviso excluding s. 20 of Conveyancing Act, 1881, does 
 not avoid, 333. 
 giving power of seizure larger than statutory 
 power avoids, 334. 
 statutory, 
 
 bill void unless made in accordance with, 304, 325, 
 
 336. 
 does not require payments of interest to be of 
 
 equal amounts, 328. 
 exact words of, need not be followed, 327. 
 non-insertion of stipulation as to exhausting other 
 
 securities not a deviation from, 335. 
 not followed, where chattels not specifically de- 
 scribed, 335. 
 where no rate of interest specified, 328. 
 where schedule contains chattels real, 335. 
 provision for payment of capitalized interest not 
 in accordance with, 327. 
 that purchaser need not inquire as to de- 
 fault not in accordance with, 334. 
 sufficient if bill substantially like, 326. 
 untrue statement of consideration not a deviation 
 from, 323, 335. 
 variation of description in two attestation clauses does 
 
 not avoid, 327. 
 whero date of payment uncertain, bill void, 328.
 
 INDEX. 531 
 
 BILLS OF SALE— continued. 
 
 formalities to bo observed — continued. 
 
 statement of consideration, 298, 304, 319. 
 
 advance by instalments may be stated, 322. 
 
 amount actually passed must be set fortb, 319. 
 
 bill for 30/., with immediate repayment of part, may be 
 
 valid, 322. 
 true consideration must be set out, 320. 
 unnecessary to set out every collateral bargain, 319. 
 
 to state verbal agreement not to register, 321. 
 untrue, not a deviation from statutory form, 323, 335. 
 when amount not then owing, 322. 
 forms of, 307. 
 
 inspection of registered, 298. 
 
 instruments, certain, giving powers of distress, deemed to be, 298, 313. 
 interpleader where claim under, dated after levy, 381. 
 letters of hypothecation not to be deemed, 306, 313. 
 licence to take possession of goods as security for debt, not in statutory 
 
 form, void, 310. 
 machinery, trade, application of Bills of Sale Act, 1878, to, 264, 297. 
 meaning of, 296, 302. 
 memorandum of agreement, 309. 
 
 for marriage settlement not a bill, 312. 
 mortgage deed of land and buildings when a bill of sale of chattels, 
 
 311. 
 not to protect chattels against poor and parochial rates, 305. 
 order and disposition of grantor, chattels in duly registered, not 
 
 deemed to be in, 301. 
 receipt for purchase-money intended to operate as an assurance of 
 
 goods, 308. 
 register of, form of, 301. 
 
 rectification of, 301, 344. 
 registrar, 301. 
 registration of, 299, 304, 343. 
 
 agreements to give, not required, 309, 343. 
 
 effect of, within prescribed time, when grantor bankrupt, 344. 
 
 local, contents of, 304. 
 
 mode of, 299. 
 
 not necessary, when possession taken within time allowed for 
 
 registration, 344. 
 omission to renew, effect of, 344. 
 order of, priority according to, 300. 
 renewal of, 300. 
 
 not necessary on transfer, 344. 
 time for, 301. 
 
 transfer of registered, not necessary, 300, 343. 
 satisfaction, entry of, 301. 
 schedule of property must be annexed to, 302. 
 second bill remedying first, 312. 
 
 security, two documents forming one, must bo regarded as one trans- 
 action, 312. 
 where it cannot be expressed in statutory form, not a bill, 312. 
 whero lender takes immediate possession, not a bill, 312. 
 
 M M 2
 
 532 INDEX. 
 
 BILLS OF SALE— continued. 
 
 securities on imported goods not to be deemed, 306, 313. 
 seizure or taking possession by grantee, 347. 
 synopsis of statutes, 291. 
 transfer of, need not be registered, 300, 343, 348. 
 
 BISHOPS : 
 
 privilege of, from arrest, 182. 
 
 BOND: 
 
 bailiff, of, 12. 
 
 form of, 15. 
 indemnity under writ of habere facias possessionem, of, 127. 
 
 form of, 127. 
 undersberiff, of, 7. 
 
 form of, 8. 
 
 BONDS: 
 
 extent, seizable under, 145. 
 Jieri facias, seizable under, 71. 
 
 BREAKING DOORS, ETC., 67, 139, 142, 177, 228. 
 
 BRETHREN OF TRINITY HOUSE : 
 
 exemption of, from service upon juries, 453. 
 
 CAMBRIDGE AND HUNTINGDON : 
 
 to bave one shez'iff, 3. 
 
 CAPIAS : 
 
 ad respondendum, writ of, 158. 
 
 outlawry, in, issue of, 34, 229. 
 
 return oinon est inventus to, 34. 
 ad satisfaciendum, writ of , 158. 
 
 bail cannot be taken under, 190. 
 
 definition of, 158. 
 
 discharge from custody under, 191. 
 
 fees and poundage, wben sheriff entitled to, under, 516. 
 
 forms of, 164. 
 
 indorsement, meaning of, on, 181. 
 
 mode of, of, 160. 
 issued, when, 158, 160. 
 return to, 41, 198. 
 
 forms, 202, 204. 
 suing out, mode of, 160. 
 warrant on, form of, 171. 
 cum proclamatione, writ of, 
 form of, 167. 
 outlawry, in, issue of, 34. 
 
 return to, form of, 230. 
 cum proclamatione super contumace capiendo, writ of, 
 form of, 166. 
 warrant on, form of, 172.
 
 INDEX. 533 
 
 CAPIAS — continued, 
 pro fine, writ of, 
 
 issue of, 213. 
 super contumace capiendo, writ of, 
 
 issue of, 45. 
 utlagatum, writ of. See Outlawby. 
 issue of, 35. 
 Lancashire, into, 36. 
 warrant on, form of, 228. 
 utlagatum special, cum breve de inquirendo, writ of. See Outlawby. 
 inquisition on, 228. 
 form of, 231. 
 return of, 229. 
 issue of, 35. 
 jury, charge to, form of, 228. 
 
 oath of, form of, 229. 
 return to, form of, 231. 
 
 CENTRAL CRIMINAL COURT : 
 
 criminal execution in connection with, 487. 
 inclusion of, in expression "court of assize," 442. 
 precepts of judges of, by whom to be executed, 457. 
 
 CERTIFICATE : 
 
 death, of, in connection with criminal execution, 490. 
 
 form of, 490. 
 juror, of service as, 485. 
 
 form of, 486. 
 
 CERTIORARI, WRIT OF : 
 
 articles of the peace, to remove, from assizes or sessions, 46. 
 inquisitions, &c, to remove, taken before justices of the peace, &c, 40. 
 
 CITY OF LONDON. See London, City of. 
 
 CLAIM OF LANDLORD FOR RENT. See Landloed's Claim foe Rent. 
 
 CLERGYMEN : 
 
 arrest, how far privileged from, 186. 
 juries, exemption of, from service on, 452. 
 
 COMMITTAL : 
 
 attachment, difference between, and, 155. 
 
 bail, in default of, 43. 
 
 concurrent orders of, 197. 
 
 contempt, for, 155. 
 
 debtor, of, 155. 
 
 discharge of prisoner after, 194. 
 
 forms of orders for, 169, 170. 
 
 judgment enforceable by, 23, 38, 155. 
 
 order for, date of, 26, 160. 
 
 duration of, 26, 160. 
 
 renewal of, 26, 160. 
 ordered, when, 155. 
 outlawry after judgment, on, 36.
 
 534 INDEX. 
 
 COMMITTAL— continued. 
 
 practice as to, 160. 
 
 resisters to execution, of, 176. 
 
 Bheriff, of, for non-compliance with notice to return writ, &c, 155, 501. 
 
 warrant on order for, form of, 173. 
 
 COMPANIES, 234 et seq. 
 
 Acts relating to, 234. 
 
 assets and effects of, may be taken in execution, 236. 
 
 exception as to railway rolling stock and plant, 236. 
 attachments after commencement of winding up of, 239. 
 creditors of, protection of, statutory provisions for, 237. 
 directors of, attachment of, 27, 235. 
 
 property of, sequestration of, 27, 235. 
 executions after commencement of winding up of, 239. 
 judgments against, how enforced, 27. 
 
 property of, seized before winding-up petition, sheriff not restrained 
 from selling, 239. 
 sequestration of, 27, 235. 
 railway, stay of actions, executions, &c. in case of arrangements by, 
 
 241. 
 register of mortgages, &c. of, 237. 
 
 inspection of, by creditors, &c, 237. 
 
 penalty on refusing, 237. 
 penalty for not entering mortgages, &o. in, 237. 
 registration of, actions, &c. commenced before, continuation of, 235. 
 effect of, 235. 
 
 obligations incurred previously, not to affect, 235. 
 sequestrations after commencement of winding up of, 239. 
 shareholders in, execution against, 242. 
 
 application for leave to issue, 242. 
 stay of proceedings under winding up of, 238. 
 unregistered, winding up of, Companies Act, 1862, applies to, with 
 
 exceptions, 240. 
 winding up of, 
 
 actions, &c. not to be proceeded with after order for, 238. 
 
 acts regulating, 238. 
 
 attachments, executions, &c., after commencement of, 239. 
 
 Bankruptcy Act, 1S69, sect. 7 of, not to apply to, 241. 
 
 commencement of, 241. 
 
 stay of proceedings for, 238. 
 
 voluntary, stay of actions, executions, &c, 241. 
 
 COMPENSATION : 
 
 abandonment of railway after notice to purchase, on, 425. 
 
 absent parties, to, 419. 
 
 acquisition of land under compulsory powers, on, 4 IS. 
 
 additional damage by extension of time, for, 425. 
 
 arbitration, settlement by, of questions of disputed, 421. 
 
 assessment of, basis for, 426. 
 
 capital to bo subscribed before compidsory powers put in force, 419. 
 
 certificate of justices evidence that capital subscribed, 419. 
 
 copyholds, enfranchisement of, for, 422. 
 
 evidence of prices given for other lands, how far admissible, 435.
 
 index. 535 
 
 COMPENSATION— continued. 
 
 failure to treat or dispute, how settled on, 419. 
 
 fees, customary, on assessment of, 514. 
 
 interest in lands omitted to be purchased, in case of, 423. 
 
 lands, common, in case of, 422. 
 
 mortgaged, in case of, 422. 
 
 severed, in case of, 422. 
 
 subject to leases, in case of, 423. 
 
 taken under Railway Clauses Consolidation Act, 1845, for, 424. 
 
 temporarily occupied, purchase-money and, for, 424. 
 
 Westminster, in, as to, high bailiff substituted for sheriff, 423. 
 mines under or near railway, for, 425. 
 notice to be given by promoters of intention to take lands, 419. 
 
 service of, 419. 
 proceedings in case of refusal to deliver possession of lands, 421. 
 railway company may apply to judge to hear cases of, 425. 
 Secretary for "War, power of, to use powers given to promoters by 8 & 
 
 9 Vict. c. 18.. 423. 
 settlement of, mode of, exceeding 50/. . .420. 
 
 not exceeding 50/. . .419. 
 
 COMPENSATION COURT, 418 et seq. 
 
 coroner, payment of, when acting for sheriff, 428. 
 
 provisions applicable to sheriff in 8 & 9 Vict. c. 18 to apply 
 to, 428. 
 inquiry, costs of, difference, in case of, how to be settled, 437. 
 how to be borne, 437. 
 payment of, 437. 
 notice of time and place of, to be given by promoters, 432. 
 sheriff to preside at, 433. 
 inquisition, defects in, 436. 
 
 evidence of, not conclusive of plaintiff's right to compen- 
 sation, 436. 
 that lands were damaged or in- 
 juriously affected, 436. 
 quashing, 436. 
 
 verdict and judgment, form of, 438. 
 jurors, attendance of, not required more than once a year, 431. 
 non-appearance, &c, penalty on, for, 431, 433. 
 qualification, &c, of, 431. 
 special, deficiency of, how to be filled up, 432. 
 jury, impannelling of, 432. 
 
 jurisdiction of, extent of, 434. 
 
 special, same, may try other inquiries by consent, 432. 
 
 summoned at request of either party, 430. 
 summoning of, 429. 
 summons to, form of, 429. 
 6worn, to be, 432. 
 non-appearance of party claiming compensation, inquiry not to pro- 
 ceed, 434. 
 penalty, jurors, on, for non-appearance, &c, 431, 433. 
 sheriff, on, for default, 433. 
 witnesses, on, for non-appearance, &c, 434. 
 sheriff, penalty on, for defaidt, 433.
 
 536 INDEX. 
 
 COMPENSATION COURT— com tinned! 
 
 verdict and judgment to be recorded, 435. 
 
 separate, for sums to be paid for purchase and for damage, 435. 
 set aside by Court, sheriff's authority to proceed where, 436. 
 view by jury, 433. 
 warrant to hold inquiry, 427. 
 to summon jury, 427. 
 
 addressed, to whom, 427. 
 form of, 429. 
 
 notice to be given by promoters before issuing, 427. 
 witnesses, penalty on, for non-appearance, &c, 434. 
 summoning of, 433. 
 summons to, form of, 433. 
 sworn, to be, 432. 
 
 CONTEMPT, ATTACHMENT FOR : 
 
 application for, 43. 
 
 bail, in default of, committal to prison, 43. 
 costs, when defendant not guilty, 44. 
 interrogatories, 43. 
 
 answers to, 43. 
 
 counsel to sign, 44. 
 
 irrelevant, disallowance of, 44. 
 
 order to file, 43. 
 proceeding on return of cepi corptis, 43. 
 report of master, 43. 
 
 defendant to be present on, 44. 
 
 notice to defendant to be present on, if out on bail, 44. 
 return to, 43, 199. 
 sentence, order for, 44. 
 
 procedure on, 44. 
 sheriff may break door, 177. 
 
 CONTUMACE CAPIENDO, WRIT OF: 
 capias and penalty, issue of, 45, 161. 
 discharge from custody under, 190. 
 execution of, 160. 
 form of, 166. 
 indorsement of, 45. 
 object of, 158. 
 practice applicable to, 160. 
 return, 45, 160, 198. 
 
 non est inventus, procedure on, 45, 161. 
 setting aside, 45, 161. 
 surrender of party upon capias, 161. 
 warrant on, form of, 172. 
 
 COPYHOLDS : 
 
 Crown process, not extendible by, 146. 
 elegit, may be extended under, 108. 
 
 CORONER: 
 
 arrest, how far privileged from, 186. 
 attachment against sheriff to be directed to, 503.
 
 INDEX. 537 
 
 CORONER— continued. 
 
 exemption of, from service on juries, 453. 
 
 fines imposed by, recovery of, 221. 
 
 payment of, when acting for sheriff, 428. 
 
 provisions in 8 & 9 Vict. c. 18, applicable to sheriff to apply to, 428. 
 
 COSTS : 
 
 arrest of defendant under sect. 6 of Debtors Act, 1869, of, 33. 
 
 assize expenses of sheriff, 486. 
 
 attachment, of, 44, 495, 503. 
 
 complaint against sheriff, undersheriff, &c, of, 497. 
 
 discovery in aid of execution, of, 28. 
 
 execution, of, 360. 
 
 failure of sheriff to return after rule, on, 495. 
 
 inquiry, writ of, on, 415. 
 
 inquiry under Lands Clauses Consolidation Act, 1845, of, 437. 
 
 interpleader proceedings, in, 32, 374, 384, 388. See Inteepleadeb. 
 
 possession of sheriff, of, 363. 
 
 taxation of sheriff's, 361, 363, 518. 
 
 view, of, 37, 482, 512. 
 
 COUNTY: 
 
 assizes, power by Order in Council to unite counties for purpose of, 441. 
 definition of, 1. 
 
 under Lands Clauses Consolidation Act, 1845 . .427. 
 detached parts of, how treated, 63. 
 
 COUNTY COURT : 
 
 executions, claim of landlord for rent in case of, 290. 
 interpleader proceedings, appeal from, in, 398. 
 
 power of Court to transfer, to, 375. 
 
 CREDITS : 
 
 may be seized under extent, 145. 
 
 CRIMINAL EXECUTION, 487 et seq. 
 bell to be tolled at, 490. 
 black flag to be hoisted at, 490. 
 burial of body, 491. 
 certificate of death to be signed by surgeon, 490. 
 
 exhibition of copy of, at prison gate, 491. 
 
 form of, 490. 
 
 penalty for signing false, 490. 
 
 transmission of, to Secretary of State, 491. 
 cutting down body, 491. 
 date of, to be fixed by sheriff, 489. 
 
 notification of, to Home Office, &c, 489. 
 declaration that judgment of death executed to be signed by sheriff , &c. , 
 490. 
 
 exhibition of copy of, at prison gate, 491. 
 
 form of, 491. 
 
 penalty for signing false, 490. 
 
 transmission of, to Secretary of State, 491. 
 duties of sheriff as to, may be performed by under-sheriff, &c, 489.
 
 538 INDEX. 
 
 CRIMINAL EXECUTION— continued. 
 executioner, 489. 
 
 fee of, 492. 
 inquest on body, coroner's, 491. 
 inquisition, delivery of, to sheriff, 491. 
 
 exhibition of copy of, at prison gate, 491. 
 
 transmission of, to Secretary of State, 491. 
 instructions issued by Secretary of State relative to, 488. 
 intimation by governor of gaol to sheriff that prisoner awaits 
 
 execution, 488. 
 Ireland, application of 31 Vict. c. 24 to, 492. 
 legality of execution, saving clause in 31 Vict. c. 24 as to, 492. 
 persons to be present at, 490. 
 place of, 487, 489. 
 suspension of, by reprieve, 492. 
 
 CROWN : 
 
 Bankruptcy Act, 1883, certain provisions of, to bind, 366. 
 debts, 8 Anne, c. 14, does not apply to, 148, 290. 
 Debtors Act, 1869, does not apply to, 139. 
 interpleader provisions do not apply to, 376. 
 not bound by 56 Geo. 3, c. 50. .148, 246. 
 process. See Extent, Weit of. 
 
 CUSTOMS PENALTIES, 223. 
 
 DAMAGES, ASSESSMENT OE. See Inquiey, Weit of. 
 calculation, where a matter of, 21. 
 continuing cause of action, in, 22. 
 
 DATE: 
 
 orders, of, 502. 
 
 writs generally, of, 24, 53, 58. 
 
 DEATH : 
 
 parties, of, effect of, on execution, 81. 
 
 plaintiff, of, discharge of defendant from custody on, 193. 
 
 DEBENTURES : 
 
 certain, to which Bills of Sale Act, 1882, not to apply, 306, 314. 
 covering deed not a debenture within Bills of Sale Act, 1882. .316. 
 priority of, against execution creditors, 317. 
 against general creditors, 316. 
 
 DEBTORS : 
 
 arrest of civil, copy of sect. 14 of Sheriffs Act, 1887, to be shown on, 180. 
 
 duties of sheriff, under-sheriff, &c, on, 179. 
 lodging of civil, allowance for, Court of Quarter Sessions may order, 180. 
 copy of order for, to be fixed in sessions 
 house, 180. 
 
 DEBTORS ACT, 1809: 
 
 arrest of defendant under sect. 6 of, 33, 157. See Aeeest OF 
 Defendant under sect. 6 of Debtors Act, 1869.
 
 INDEX. 539 
 
 DEBTORS ACT, 1869— continued. 
 
 committal to prison under sect. 4 of, 156. 
 
 5 of, 156. 
 Crown debts, does not apply to, 139. 
 
 DEBTORS ACT, 1878, s. 1. .156. 
 
 discretion of Court or judge under, 156. 
 
 DEBTS : may be taken under extent, 145, 146. 
 
 DECLARATION : 
 
 deputy, bailiff and officer of sheriff and undersheriff, of, 14. 
 
 form of, 14. 
 sheriff, of, 4. 
 
 exemption from duty of, 6. 
 fifing, 6. 
 
 fee of clerk of peace for, 6. 
 form of, 4. 
 undersheriff, of, 6. 
 
 exemption from duty of, 6, 7. 
 filing, 6, 7. 
 
 fee of clerk of peace for, 6. 
 form of, 4. 
 
 DELIVERY, WRIT OF, 132 et seq. 
 enforced, how, 30. 
 execution of, 134. 
 forms of, 133. 
 
 issue, assessment of value before, 132. 
 
 recovery of property other than land or money, for, 22, 30, 132. 
 return to, 134. 
 
 form of, 134. 
 separate, for costs, 30. 
 
 BE NOCUMEXTO AJfOVEXBO, WRIT OF. ^Abatement, Weit of. 
 
 DEPUTY. See Sheeiff's Deputy. 
 
 BIEM CLAUSIT EXTREMTJM, WRIT OF. See Extent, Weit of. 
 
 DIRECTORS OF COMPANIES : 
 attachment of, 27, 235. 
 property of, sequestration of, 27, 235. 
 
 DISCOVERY : 
 
 execution, in aid of, 27. 
 
 costs of, 28. 
 sheriff, against, 501. 
 
 DISPOSITIONS OF PROPERTY, 369 et seq. 
 conveyance, fraudulent, 
 
 act of bankruptcy, an, 350, 371. 
 avoidance of, under 13 Eliz. c. 5. .369. 
 
 under Bankruptcy Act, 1883. .371. 
 duty of sheriff under 13 Eliz. c. 5, as to, 370. 
 conveyance, voluntary, under 27 Eliz. c. 4. .372. 
 preference, fraudulent, act of bankruptcy, an, 350, 371. 
 
 avoidance of, under Bankruptcy Act, 1883 . . 371.
 
 540 INDEX. 
 
 DISPOSITIONS OF PROPERTY— continued. 
 settlement, voluntary, 
 
 avoidance of, under Bankruptcy Act, 1883 . . 371 . 
 
 if intended to defraud creditors, void, 369. 
 
 if settlor about to engage in hazardous business, may be set 
 
 aside, 370. 
 subsequent creditors may bring action to set aside, 370. 
 
 participate in assets, if set aside, 370. 
 valuable consideration may be proved, 370. 
 
 DISTRINGAS, WRIT OF, 206 et seq. 
 execution of, mode of, 209. 
 forms of, 207. 
 issued, when, 206, 207. 
 
 non-repair of highway, against inhabitants for, 206, 207, 214. 
 process against body corporate to compel appearance, 207. 
 outlawry, issue of, to answer, 34, 229. 
 return, 209. 
 
 order to, 40, 209. 
 supersedeas to, form of, 208. 
 issue of, 209. 
 
 DISTRINGAS NUPER VICE COMITEM, WRIT OF, 121. 
 elegit, in aid of, 29. 
 executed, how, 29, 121. 
 fieri facias, in aid of, 29. 
 form of, 121. 
 issue of, 29. 
 object of, 121. 
 
 DRESS : 
 
 sheriff, of, 11. 
 undersheriff, of, 11. 
 
 DURATION : writs generally, of, 25, 39. 
 
 EJECTMENT : sheriff may break doors in, 178. 
 
 ELEGIT, WRIT OF, 99 et seq. 
 adverse claims, 112. 
 
 judgment creditor has no title to set aside prior voluntary 
 settlement, 113. 
 takes legal estate subject to any equity, 112. 
 definition of, 99. 
 delivery of the lands, 114. 
 effect of, 28, 39. 
 execution of, 106. 
 
 inquisition, 106. 
 
 evidence, 106. 
 finding of, 114. 
 jury, 100, 106. 
 
 charge to, form of, 107. 
 oath of, form of, 107. 
 setting aside, 107. 
 process of, 100. 
 time to be appointed for, 106. 

 
 INDEX. 541 
 
 ELEGIT, WRIT OF— continued. 
 fees under, 509. 
 
 fixtures may be delivered by sheriff in executing, 253. 
 forms of, 103. 
 
 goods, not to extend to, 39, 100, 253. 
 indorsement of date of delivery of, 99. 
 judgment for money or costs, to enforce, 25, 39. 
 poundage under, 508. 
 
 when sheriff entitled to, 516. 
 receipt to be given if required, 99. 
 
 release of part of land charged not to affect judgment, 111. 
 return to, 114. 
 
 forms of, 115. 
 several writs, how priority determined, 113. 
 time to sue out, to enforce payment of money or costs, 25. 
 what may be extended under, 108. 
 
 estates, equitable, 109. 
 
 granted for maintenance of dignities, 110. 
 in reversion on leases for lives or years, 110. 
 
 lands, tenements, &c, 108. 
 
 held by husband in right of wife, 110. 
 
 local board for public purposes, 111. 
 held in ancient demesne, 110. 
 of bishop, 110. 
 
 leaseholds, 110. 
 
 mansion house, 110. 
 
 terms of years, 110. 
 what may not be extended under, 111. 
 
 advowson in gross, 111. 
 
 churchyard, 111. 
 
 equity of redemption, 109, 111. 
 
 glebe, 111. 
 
 infant's estate in remainder, 111. 
 
 lands disseised in hands of disseisor, 111. 
 
 remainders, 111. 
 
 rent seek or office, 111. 
 writs in aid of, 29. 
 
 EMBLEMENTS : 
 
 rights as to, altered by 14 & 15 Vict. c. 25, s. 1. .247. 
 
 tenant entitled to occupy until expiration of current year of teLancy, 247. 
 
 EQUITY OF REDEMPTION : 
 
 elegit, non-seizable in execution under, 109, 111. 
 
 extent, may be taken under, 144. 
 
 fieri facias, non-seizable in execution under, 78. 
 
 ERROR : 
 
 assignment of, in outlawry, 37. 
 writ of, to reverse outlawry, 36. 
 
 EXCISE PENALTIES, 223. 
 
 EXCOMMUNICATO CAPIENDO, WRIT OF. See CoXTUifACE CAPI- 
 EXDO, WBIT OF.
 
 
 542 INDEX. 
 
 EXECUTION: 
 
 abatement, of writ of. See Abatement, Writ of. 
 
 amount obtained, when to be transmitted, 87. 
 
 companies, against. See Companies. 
 
 complete, wben, for purposes of Bankruptcy Act, 1883. .358. 
 
 corn, &c. raised by manual labour may be taken in, 246. 
 
 corporation, against, 27. See Companies. 
 
 costs of, 360. 
 
 criminal. See Criminal Execution. 
 
 crops, growing, seized in, liable for accruing rent, 247. 
 
 death of parties, effect of, on, 81. 
 
 delivery, of writ of. See Delivery, Writ of. 
 
 discovery in aid of, 27. 
 
 costs of, 28. 
 distringas, of writ of. See DISTRINGAS, Writ of. 
 distringas nuper vice comitem, of writ of. See DISTRINGAS NUFER 
 
 Vice Comitem, Writ of. 
 elegit, of writ of. See Elegit, Writ of. 
 extent, of writ of. See Extent, Writ of. 
 fieri facias, of writ of. See FIERI FACIAS, Writ of. 
 fieri facias de bonis ecclesiasticis, of writ of. See FIERI FA CIAS DE 
 
 Bonis Ecclesiasticis, Writ of. 
 firm, against, 23. 
 
 fixtures, in what cases sheriff may seize, in, 252. 
 fruit, growing, may not be taken in, 247. 
 
 goods taken in, duty of sheriff as to, on notice of receiving order, 359. 
 
 when judgment debt exceeds 207. . . 361. 
 grass, cut, cannot be taken as against prior purchaser, 247. 
 
 growing, cannot be taken under fi. fa., 247. 
 habere facias possessionem, of writ of. See HABERE FACIAS POSSES- 
 SIONEM, Writ of. 
 issue of, by leave, in certain cases, 26. 
 meaning of, 23. 
 order of, when several, 27. 
 time for, 25, 26. 
 judgment or order against a firm, of, 23. 
 
 for delivery of land, of, 22, 29. 
 
 mandamus, injunction, specific performance, 
 
 of, 27. 
 payment into Court, of, 22, 29. 
 
 of money and costs, of, 22, 25. 
 recoveiy of property other than land or money, 
 of, 22, 30. 
 on condition, of, 22, 23. 
 
 issue directed before, 23. 
 to do act other than payment of money, of, 23. 
 in a limited time, of, 29. 
 or abstain from doing act, of, 23. 
 leavo to issue, in certain cases, 26. 
 application for, 26. 
 order, of, in same manner as judgment, 26. 
 
 to do act at expense of disobedient party, 27. 
 outlawry, of. See Outlawry. 
 partners, against, 23.
 
 INDEX. 543 
 
 EXECUTION— continued. 
 
 person not a party, by or against, 26. 
 
 place of, 63, 181. 
 
 poundage, fees, and expenses levied upon, 24, 39. 
 
 procedure generally, on, of writs, 47. 
 
 restitution, of writ of. See Restitution, Weit of. 
 
 result of, when to be reported, 87. 
 
 royal residences, exemption of, from, 63, 181. 
 
 sale under, 84, 364. 
 
 application for order as to, 84, 36-5. 
 attendance at hearing of, 365. 
 costs of, 365. 
 notice of, 365. 
 sheriff's list on, 84, 365. 
 
 production of, 365. 
 summons on, 84, 365. 
 contents of, 365. 
 service of copy of, 365. 
 saving of existing modes of, 27. 
 
 scire facias, of writ of. See SCIRE FACIAS, Weit of. 
 separate writs of, for recovery of land and costs, 30, 52. 
 
 money and costs, 25. 
 sequestration, of writ of. See Sequesteation, Weit of. 
 several writs of, priority of, 63. 
 stay of, 27, 80. 
 
 application for, 27, 80. 
 granted, when, 80. 
 
 liability of sheriff or officer for proceeding with sale with 
 knowledge of, 80. 
 time for issue of, 25, 26, 53. 
 time of, 62, 176. 
 
 venditioni exponas, of writ of. See VENDITIONI EXPONAS, Weit OF. 
 venire facias, of writ of. See VENIRE FACIAS, Weit of. 
 writ of, date of, 24, 53, 58. 
 
 duration of, 25, 39, 197. 
 
 form of, 24. 
 
 indorsement on, 24, 38, 57. 
 
 liability of execution creditor and solicitor for mistake in 
 
 filling up, 58. 
 of amount of money to be recovered, 24, 58. 
 of name and address of solicitor or party suing out, 24, 
 38, 58. 
 issue of, on production of judgment, 24. 
 order of, 27. 
 timo for, 25. 
 meaning of, 23. 
 praecipe for, 24, 38. 
 
 receipt to be given for, by sheriff, if required, 57. 
 renewal of, 25, 39, 53, 197. 
 
 evidence of, 25, 39, 53. 
 return of, 39. 
 
 sheriff, committal of, for non-compliance with order to, 50 1 . 
 separate, for money and costs, 25, 52.
 
 544 INDEX. 
 
 EXECUTIONER, 489. 
 fee of, 492. 
 
 EXECUTOR : 
 
 goods in possession of execution debtor as, 
 
 interpleader where, 377. 
 
 non-seizable in execution, 74. 
 
 unless used by debtor as his own, 74. 
 privilege of, from arrest for debt of testator, 184. 
 
 EXIGENT, WRIT OF : 
 
 allocatur, with, issue of, 35. 
 execution of, mode of, 227. 
 issued, when, 35. 
 return to, 35, 227. 
 warrant to bailiffs on, 227. 
 
 EXTENT, WRIT OF, 135 et seq. 
 
 diem clausit extremum, writ of, 137. 
 issue of, procedure for, 138. 
 issued, when, 137. 
 immediate to compel payment of debts due to Crown debtor, 136, 142, 
 
 153. 
 in aid, 136. 
 
 issued, when, 136. 
 priority of Crown applies to, 148. 
 what may be taken under, 145. 
 in chief, 135. 
 
 adverse claims, 149. 
 
 Crown debtor, debts due to, mode of compelling payment of, 
 136, 142, 153. 
 interest of, manner of stating, in inquisition, 140. 
 debts, disputing, 149. 
 
 procedure on, 149. 
 time for, 149. 
 not subject to Debtors Act, 1869. . 139. 
 receiving, duties of sheriff on, 150. 
 discharge of debtor, 150. 
 liability of sheriff for default, 150. 
 receipt to be given, 150. 
 sheriff has no power to collect, 142. 
 lien of, for duties, 145. 
 not affected by 8 Anne, c. 14.. 148, 290. 
 
 56 Geo. 3, c. 50.. 148, 246. 
 priority of, 147. 
 
 cannot be defeated by distress for rent, 148. 
 taken away in distribution of assets in bankruptcy, 
 149. 
 but not in liquidation under Companies 
 Act, 1862.. 149. 
 title of, commensurate only with interest of debtor, 148. 
 debts of Crown debtor, when they become bound under, 147. 
 definition of, 135.
 
 INDEX. 545 
 
 EXTENT, WRIT OF— continued. 
 
 in chief — continued. 
 
 delivery of lands, goods and chattels under a liberate, 152. 
 
 form of liberate, 152. 
 discharge of debtor, 150. 
 execution of, 139. 
 
 body of defendant cannot be bailed, 139. 
 
 breaking house, 139, 142. 
 
 capias clause not usually enforced, 139. 
 
 completion of, 148. 
 
 escape of defendant, 139. 
 
 inception of, 148. 
 
 warrant on, form of, 139. 
 exoneration of lands, 146. 
 
 fieri facias and, procedure where both delivered to sheriff, 149. 
 finding of jury, 140. 
 form of, 138. 
 
 goods of Crown debtor, when they become bound under, 147. 
 inquisition, 136, 140. 
 
 adjournment of, 141. 
 
 jurors on, 140. 
 
 exemption of, 140. 
 liability of, 140. 
 oath of, form of, 140. 
 qualification of, 140. 
 summoning of, 140. 
 
 return on, form of, 150. 
 
 witnesses, attachment against, for non-appearance, &c, 
 140. 
 cross-examination of, 140. 
 summoning, 140. 
 lands of Crown debtor, when they become bound under, 147. 
 money, when it becomes bound under, 147. 
 object of, 135. 
 order of extents, 143. 
 partner, against, 145. 
 priority over extent in aid, 143. 
 returns to, 151. 
 sale, 142, 152. 
 
 not to take place until ordered, 142. 
 
 notice of, debtor entitled to, 153. 
 
 venditioni exponas, to be under, 151, 152. 
 
 venditioni exponas pro optimo pretio, 153. 
 scire facias, generally preceded by, 136. 
 security, restoration of property on, 142. 
 Beizure, 141. 
 
 amount of debtor's goods, debts and lands to be seized, 141. 
 
 extent of, 141. 
 
 mode of, 141. 
 
 nominal, of lands and debts, 141, 151. 
 
 specialties, of, 143. 
 
 term of years, of, 141. 
 venditioni exponas, sale to be under, 151, 152. 
 
 M. N N
 
 546 INDEX. 
 
 EXTENT, WRIT OF— continued. 
 in chief — continued. 
 
 what may be taken under, 144. 
 bonds, 145. 
 credits, 145. 
 debts, 145. 
 
 equity of redemption and other equitable interests, 144. 
 fieri facias, whatever seizable under, 144. 
 goods and chattels, 144. 
 
 except averia carucae, if other chattels sufficient, 144 . 
 
 necessaries pro victu, 144. 
 fraudulently conveyed away, 146. 
 subject to duties of excise, liable for duties, &c, 
 144. 
 legal estates, 144. 
 money, 145. 
 specialties, 145. 
 term of years, 144. 
 trust estates, 144. 
 
 goods held in, for Crown debtor, 144. 
 where extent against several, 144. 
 what may not be taken under (or only taken subject to superior 
 claims), 146. 
 bond fide assignment in trust for creditors, Crown cannot 
 
 avoid, 146. 
 copyholds, 146. 
 
 equitable mortgage, Crown cannot avoid, 146. 
 goods pawned or pledged, 146. 
 in chief in second degree, 137. 
 
 what may be taken under, 137, 145. 
 
 EVIDENCE : 
 
 sheriff, to connect, with under-sheriff and officers, and against and 
 for, 498. 
 admissions by under-sheriff, officers, &c, 500. 
 indorsement on writ, 499. 
 production of warrant, 498. 
 
 when dispensed with, 499. 
 
 FARMING STOCK : 
 
 seizable in execution, subject to restrictions, 76. 
 See Husbandry Provisions. 
 
 FEES. See also Fees and Poundage and Poundage. 
 attendance in court, for, 512. 
 
 authorized by certain Acts repealed, may continue to be taken, 507. 
 bail bonds, for, 509. 
 
 assignment of, on, 510. 
 filing, for, 510. 
 clerk of peace for filing declaration of sheriff and under-sheriff, 6. 
 
 duplicate of appointment of under-sheriff, 6.
 
 INDEX. 547 
 
 FEES— continued. 
 
 customary, on assessment of compensation under Lands Clauses Con- 
 solidation Act, 1 8 4 -5 . . 5 1 3 . 
 damages under writ of inquiry, 513. 
 executioner, of, 492. 
 extra allowances and expenses, 517. 
 fieri facias, on writs of, 50G. 
 habere facias possessionem, on writs of, 131. 
 inquiry, on writs of, 510. 
 jurors, of, 409, 484. 
 
 order to arrest under Debtors Act, 1869, for executing, 33, 512. 
 recovery of, by sberiff, 517. 
 
 by sheriff's officer, 518. 
 replevin, in, 511. 
 
 sheriff, &c, not to take any reward, except such as allowed, &c, 505. 
 table of, under 7 Will. 4 & 1 Vict. c. 55. .509. 
 trial, on writs of, 510. 
 view, on, 484, 512. 
 warrants where several defendants in writ of capias, on, 512. 
 
 granted by sheriff to officers upon writ or process, 509. 
 
 FEES AND POUNDAGE. See also Fees and Poundage. 
 apportionment between sheriff and predecessor, 505. 
 arrest process, when sheriff entitled to under, 516. 
 Crown, on sums due to, collected by sheriff, 505. 
 elegit, when sheriff entitled to under, 516. 
 
 execution of process, for, to be fixed by Lord Chancellor, &c, 505. 
 extent, when sheriff entitled to, under, 516. 
 fieri facias, when sheriff entitled to, under, 515. 
 levy of, upon execution, 24, 39. 
 recovery of, by sheriff, 517. 
 taxation of sheriff's costs and charges, 518. 
 
 FIERI FACIAS, WRIT OF, 51 et seq. 
 
 concurrent writs, when sued out, 65. 
 
 date of, 53. 
 
 definition of, 52. 
 
 delivery of, to sheriff for execution, 53. 
 
 effect of, 28, 39. 
 
 execution of, exemption of royal residences from, 63. 
 
 expenses of, levy of, 24, 39, 53. 
 
 issue of, within six years, 26, 53. 
 
 place of, 63. 
 
 stay of, 80. 
 
 time of, 62. 
 extent and, procedure where both delivered to sheriff, 149. 
 fees on, 506. 
 
 and poundage, when sheriff entitled to, under, 515. 
 fine, for a, execution of, 216. 
 
 form of, 214. 
 force of, 28, 39. 
 forms of, 53. See Forms. 
 
 nn2
 
 548 INDEX. 
 
 FIERI FACIAS, WRIT OF— continued. 
 indorsement on, 24, 38, 57. 
 
 amount of money to be recovered, of, 58. 
 
 date of delivery, of, 57. 
 
 liability of execution creditor and solicitor for mistake in filling 
 
 up, 58. 
 name and address of solicitor or party suing out, of, 24, 38, 58. 
 issue of more than one, 39, 52, 65. 
 limitation of action for money levied on, 88. 
 receipt for, to be given by sheriff on request, 57. 
 recovery of fines on indictments removed into the Queen's Bench 
 
 Division, for, 213. 
 renewal of, 25, 39, 53. 
 return to, 88. 
 
 forms of, 94. See Forms. 
 Bale of goods by sheriff under, 84, 364. 
 seizure under, 66. 
 
 amount to be seized, 66. 
 
 claim of landlord for rent, duties of sheriff on, 66. See Land- 
 lord's Claim for Rent. 
 how far sheriff empowered to enter and break houses, 67. 
 number of men to be placed in possession, 69. 
 parties seizing protected so long as judgment exists, 67. 
 posse comitatus, 69. 
 separate writs for money and costs, 25, 52. 
 several writs, priority of execution, 63. 
 
 sheriff, duties of, on, under Bankruptcy Act, 1890. .83, 359, 361. 
 successive writs, 66. 
 time for suing out, 25. 
 what seizable and not seizable under, 70. 
 
 actual necessaries of execution debtor under hi., non-seizable, 73. 
 
 equity of redemption, non-seizable, 78. 
 
 farming stock, &c, seizable subject to restrictions, 76. See 
 
 Husbandry Provisions. 
 fixtures, how far seizable, 76. See Fixtures. 
 goods in possession of execution debtor as bailee, 73. 
 
 in representative capa- 
 city, non-seizable, 74. 
 of ambassadors, non-seizable, 71. 
 
 execution debtor in pledge, non-seizable, 73. 
 married women, 79. See Married Woman. 
 on hire, how far seizable, 73. 
 
 sold by execution debtor prior to execution, non- 
 seizable, 76. 
 leasehold interest, seizable, 78. 
 lien, non-seizable, 75. 
 money, bank notes, &c, seizable, 71. 
 partnership property, 79. 
 
 pawnbroker's interest in pledges, seizable, 74. 
 railway rolling stock, 73, 236. 
 shipping property, seizable, 75. 
 soldiers' accoutrements, 73. 
 writs in aid of, 29.
 
 index. 549 
 
 fieri facias be bonis ecclesiasticis, writ of, 123. 
 
 elegit, in aid of, 29, 124. 
 executed, how, 29, 124. 
 fieri facias, in aid of, 29, 124. 
 
 issue of, against beneficed clerk, in what cases, 28, 123. 
 
 proceedings on, 28, 123. 
 
 FINES, PENALTIES, &c, RECOVERY OF, 213 et seq. 
 affirmance of conviction, penalties on, 214. 
 recovery of, by levari facias, 214. 
 return, forms of, 217. 
 warrants, forms of, 217. 
 writ, execution of, 216. 
 forms of, 215. 
 assize fines, &c, 219. 
 
 governed by 22 & 23 Vict. c. 21 . .219. 
 
 oath of clerk of peace sending process, 220. 
 
 penalty on sheriff, &c, for non-performance of duty, 221. 
 
 persons taken to be lodged in common gaol, 220. 
 
 process for, how executed, 221. 
 
 roll of fines, &c, copy of, to be sent to sheriff, &c, 219. 
 
 rolls and writs to be delivered over by sheriff to successor, 220. 
 
 warrant, forms of, 222. 
 
 issued, when, to sheriff, &c, of another county, 221. 
 writ, form of, 222. 
 
 return of, by sheriff, 220. 
 
 to be retained by sheriff until fines, &c. levied, 220. 
 to be sent to sheriff, &c, 219. 
 coroner, fines imposed by, 221. 
 customs and excise penalties, 223. 
 
 indictments against inhabitants for non-repair of highway, on, 
 enforced by distringas, 214. 
 
 by levari facias, 214. 
 
 return to, form of, 217. 
 warrant on, form of, 216. 
 writ of, form of, 214. 
 indictments removed into Queen's Bench Division, fines on, 213. 
 enforced by capias pro fine, 213. 
 
 by fieri 'facias for a fine, 213. 
 
 writ of, form of, 214. 
 by levari facias, 213. 
 
 writ of, form of, 214. 
 sessions fines, &c, 218. 
 
 appeal against, upon giving security, 218. 
 
 order made under, to be discharge to sheriff, 218. 
 fines already paid, sheriff not to levy, 219. 
 governed by 3 Geo. 4, c. 46, and 4 Geo. 4, c. 37. .218. 
 penalty on sheriff for non-performance of duty, 218. 
 process, how execiited, 221. 
 roll of, copy of, to be sent to sheriff, 218. 
 
 indorsement of, by sheriff, 218. 
 rolls delivered by sheriff, copy of, to be sent to Treasury, 219.
 
 550 INDEX. 
 
 FINES, PENALTIES, &c. RECOVERY OF— continued. 
 
 sessions fines, &c. — continued. . 
 warrant, forms of, 221. 
 
 issued, when, to sheriff of another county, 218. 
 re-issue of, for fines, &c., not duly levied, &c, 219. 
 writ, original, to be retained by sheriff, 218. 
 return of, by sheriff, 218. 
 to be sent to sheriff, 218. 
 
 FIXTURES, 249 et seq. 
 
 agricultural, removal of, by tenant, 258. 
 
 Agricultural Holdings Act, 1883, removal of, by tenant under, 258. 
 
 with certain provisoes, 258. 
 annexation of, what constitutes, 249. 
 articles fixed to mortgaged premises by nails, &c. pass to mortgagee, 
 
 260. 
 assignment when valid as to, although void as to chattels, 265. 
 bills of sale of substituted, not to be void, 2G5, 303. 
 buildings, &c. erected on farms removable by tenant, with option of 
 
 landlord to purchase, 258. 
 convenience, for, removable by tenant, 257. 
 conveyed with freehold, &c. do not require registration, 264. 
 definition of, 249. 
 
 domestic, removal of, by life tenant, doubtful, 269. 
 elegit, may be delivered by sheriff in executing, 253. 
 execution, in what cases sheriff may seize, in, 252. 
 heir, pass to the, 266. 
 
 machinery fixed to mortgaged premises pass to mortgagee, 260. 
 necessary parts of mortgaged, pass to mortgagee, 263. 
 trade, definition of, in Bills of Sale Act, 1878. .264, 297. 
 mixed purpose, for, removable by life tenant, 268. 
 mortgage, added after date of, with attornment clause, pass to mort- 
 gagee, 263. 
 passes, to mortgagee in absence of contrary intention, 261. 
 mortgaged premises, tenant of, may remove, 263. 
 ornamental, removable by tenant, 257. 
 
 removal of, by life tenant, doubtful, 269. 
 remainderman, pass to the, 268. 
 
 except that life tenant may remove fixtures for trade and mixed 
 purpose, 268. 
 reversioner, pass to the, 268. 
 sale of, separate from leasehold, when, 78, 253. 
 
 separately assigned, not to be deemed, when interest in land passes by 
 same instrument, 265, 298. 
 registration necessary of, 264. 
 severance and removal of, 
 
 right of, differs according to relative position of parties, 251. 
 sheriff only equal to that of judgment debtor, 253. 
 where unlawful, sheriff cannot seize, 253. 
 trade, necessary or essential parts of, pass with fixtures, 261. 
 pass to mortgagee, 260. 
 removable by life tenant, 268. 
 tenant, 254.
 
 INDEX. 561 
 
 FORMS : 
 
 affidavit, 
 
 interpleader, by bailiff, 398. 
 appointment, 
 
 deputy of sheriff in London, of, 12. 
 
 to take an inquisition under writ of inquiry, of, 410. 
 under-sheriff, of, 7. 
 assizes, in connection with, 
 
 calendar of justices of the peace, &c, 471. 
 jury panel, common, 470. 
 grand, 4G9. 
 special, 470. 
 list of coroners and bailiffs, 472. 
 
 magistrates and officials, 472. 
 notification of prisoners for trial in case of combined county, 
 
 446. 
 publication of assize, 447. 
 
 return to be indorsed on back of precept of clerk of assize, 469. 
 
 judge, 469. 
 bill of sale, 
 
 from the sheriff of goods taken in execution, 307. 
 statutory form, 407. 
 
 bond, 
 
 bail, under attachment for the peace, 190. 
 bailiff, of, 15. 
 
 indemnity under habere facias possessionem, of, 127. 
 under-sheriff, of, 8. 
 
 certificate, 
 
 death under criminal execution, of, 490. 
 
 juror, of service as, 486. 
 
 stay of judgment, to be indorsed on writ for, under writ of 
 inquiry, 418. 
 charge to jury, 
 
 capias utlagatum special, on, 228. 
 
 elegit, on inquisition under writ of, 107. 
 
 inquiry, on writ of, 411. 
 
 declaration, 
 
 bailiff, of, 14. 
 
 deputy of sheriff, of, 14. 
 
 officer of sheriff, of, 14. 
 
 sheriff, of, 4. 
 
 that judgment of death executed, 491. 
 
 under-sheriff, of, 4. 
 
 inquisition, 
 
 capias utlagatum special, on, 231. 
 compensation court, at, 438. 
 elegit, on writ of, 115. 
 extent, on writ of, 150. 
 inquiry, on writ of, 417. 
 
 liberate, 
 
 extent, under writ of, 162.
 
 552 INDEX. 
 
 FORMS— con tinned, 
 notice, 
 
 interpleader, admission or dispute of title of claimant in, 398. 
 
 claim to goods taken in execution, 398. 
 rent in arrear, by sheriff to execution creditor that, 287. 
 oath of jury, 
 
 capias utlagatum special, on, 229. 
 elegit, on inquisition under writ of, 107. 
 extent, on inquisition under writ of, 140. 
 inquiry, on inquisition under writ of, 411. 
 orders, 
 
 arrest under Debtors Act, 1869. .168, 169. 
 committal of judgment debtor, 169, 170. 
 interpleader, 399—402. 
 , returns, 
 
 arrest process, to, 201 — 204. 
 capias utlagatum special, to, 231. 
 delivery, to writ of, 134. 
 elegit, to writ of, 115. 
 exigent, to writ of, 229, 230. 
 extent, to writ of, 150, 151. 
 fieri facias, to writ of, 94 — 98. 
 habere facias possessionem, to writ of, 130. 
 levari facias, to writ of, 217. 
 proclamations, to writ of, 230. 
 sessions, in connection with, 
 
 jury panel, grand, 473. 
 petty, 473. 
 summons, 
 
 jury, to, for assizes, 463. 
 
 compensation court, 429. 
 quarter sessions, 464. 
 writ of inquiry, 408. 
 parties, to, in connection with nomination of special jury for 
 
 compensation court, 431. 
 witness, to, for compensation court, 433. 
 warrant, 
 
 arrest, to, 173. 
 attachment, on, 170. 
 
 for the peace, on, 170. 
 capias ad satisfaciendum, on writ of, 171. 
 
 cum proclamalione super contumacc capiendo, on writ of, 172. 
 utlagatum, on writ of, 228. 
 committal, order, on, 173. 
 
 compensation court, to sheriff to summon'jury for, 429. 
 contumace capiendo, on writ of, 172. 
 exigent, on writ of, 227. 
 fieri facias, on writ of, 61. 
 habeas corpus, to convey prisoner on, 172. 
 habere facias possessionem, on writ of, 128. 
 
 levari facias, on writ of, against inhabitants, &c, upon convic- 
 tion and fine, 216. 
 on conviction affirmed, 217. 

 
 INDEX. 553 
 
 FORMS— continued. 
 
 warrant — continued. 
 
 ne exeat regno, on writ of, 171. 
 recovery of assize fines, &c, 222. 
 venditioni exponas, on writ of, 118. 
 
 writ, 
 
 abatement or de nocumcnto amovendo, of, 211. 
 attachment, of, 162. 
 
 for the peace, of, 163. 
 
 on return of rescue, of, 163. 
 
 to answer information, of, 163. 
 
 quo warranto, of, 163. 
 capias ad satisfaciendum, of, 164. 
 
 after judgment, of, 165. 
 cum proclamatione into foreign county, of, 167. 
 
 super contumace capiendo, of, 166. 
 to answer indictment or information, of, 165. 
 contumace capiendo, of, 166. 
 deliverance, of, 195. 
 delivery, of, 133. 
 distringas against ex-sheriff, of, 121. 
 
 inhabitants after conviction for non-repair of 
 highway, of, 208. 
 to answer, of, 207. 
 elegit, of, 103, 104. 
 
 for the residue after & fieri facias, of, 105. 
 extent in chief, of, 138. 
 fieri facias, of, 53. 
 
 against a married woman, of, 57. 
 for a fine, of, 56, 214. 
 
 on judgment removed from Lord Mayor's Court, 54. 
 with order for costs, of, 55. 
 order for costs, of, 55. 
 
 of quarter sessions removed into Crown side 
 of Queen's Bench Division, of, 56. 
 habeas corpus ad subjiciendum, of, 168. 
 
 on return of cepi corpus, 167. 
 to bring up prisoner to be bailed, 168. 
 inquiry for assessment of damages, of, 407. 
 in detinue, of, 406. 
 
 to be executed before sheriff on a judgment by default 
 of appearance when the breaches have been suggested 
 after judgment, of, 405. 
 levari facias against inhabitants, &c, upon conviction and fine, 
 of, 214. 
 on conviction affirmed, of, 215. 
 
 for residue where part levied, 
 of, 214. 
 ne exeat regno, of, 165. 
 possession, of, 125. 
 
 and fieri facias, of, 126. 
 re-elegit, of, 105. 
 restitution, of, 232.
 
 554 INDEX. 
 
 FORMS— continued. 
 
 writ — continued. 
 
 supersedeas to distringas, of, 208. 
 venditioni exponas, of, 118. 
 venire facias to answer, of, 207. 
 
 FRANCHISES : application of Sheriffs Act, 1887, to, 18. 
 
 GAOLERS : exemption of, from service on juries, 453. 
 
 GOODS: 
 
 acquired for valuable consideration prior to seizure, non-seizable in 
 
 execution, 76. 
 ambassadors, of, non-seizable in execution, 71. 
 hire, on, how far seizable in execution, 73. 
 married women, of, how far seizable in execution, 79. 
 
 See Maebied Woman. 
 pledged, non-seizable in execution, 73, 146. 
 possession, in, of execution debtor as bailee, 73. 
 
 in representative capacity, non- 
 seizable in execution, 74. 
 sold by execution debtor prior to execution, non-seizable in execution, 
 
 76. 
 trust, in, for Crown debtor, may be taken under extent, 144. 
 
 GROWING CROPS : seizable in execution subject to restrictions, 76. 
 See Husbandey Peovisions. 
 
 HABEAS CORPUS, WRIT OF : 
 
 bring up defendant on return of cepi corpus, to, 159. 
 
 form of, 167. 
 party to attend trial, 411. 
 prisoner to be bailed, form of, 168. 
 cases in which it lies, 158. 
 counsel, order of hearing, on, 42. 
 definition of, in civil cases, 159. 
 different kinds of, 159. 
 disobedience to, attachment for, 205. 
 
 appeal against, 205. 
 excuse for, 205. 
 forms of, 167. 
 
 indorsement of, when granted by judge, 162. 
 non-compliance with, excuse for, 205. 
 practice applicable to, 161. 
 return to, 199. 
 warrant to gaoler and bailiff to convey prisoner on, form of, 172. 
 
 HABEAS CORPUS AD EELIBEBAND UM AND BECIPIAS, WRIT OF. 
 See HABEAS CORPUS, Weit OF. 
 application for, 42. 
 practice applicable to, 161.
 
 INDEX. 555 
 
 HABEAS CORPUS AD RESPONDENDUM, WRIT OF. 
 
 See HABEAS CORPUS, Weit of. 
 application for, 42. 
 practice applicable to, 161. 
 
 HABEAS CORPUS AD SATISFACIENDUM, WRIT OF. 
 
 See Habeas CORPUS, Weit of. 
 practice applicable to, 162. 
 
 HABEAS CORPUS AD SUBJICIENDUM, WRIT OF. 
 
 See HABEAS CORPUS, Weit of. 
 application, bow made, 41. 
 
 in extradition cases, 41. 
 disobedience to, application for attachment for, 41. 
 filing of, 42. 
 form of, 168. 
 
 practice applicable to, 161. 
 return to, 41. 
 
 amendment of, 42. 
 
 discharge of prisoner without, 42. 
 
 filing of, 42. 
 
 order to be drawn up on, 42. 
 
 proceedings in Court on, 42. 
 returnable, when, 40. 
 service of, 41. 
 HABEAS CORPUS AD TESTIFICANDUM, WRIT OF. 
 
 See HABEAS CORPUS, Weit of. 
 application for, 42. 
 practice applicable to, 161. 
 
 HABERE FACIAS POSSESSIONEM, WRIT OF, 29, 125, et seq. 
 alias habere, when issued, 131. 
 
 description of property in judgment, should follow, 127, 128. 
 disturbance, 130. 
 execution of , 127, 129. 
 
 complete, wben, 130. 
 
 indemnity to sheriff, 127. 
 
 form of bond of, 127. 
 
 mode of, 129. 
 
 reasonable time, within, 129. 
 
 warrants on, forms of, 128. 
 fees on, 131. 
 forms of, 125. 
 incidental to, 131. 
 issue of, 126. 
 obtained, how, 30. 
 possession, how given under, 129. 
 poundage on, 508. 
 recovery of chattels, for, 125, 131. 
 
 land, judgment for, enforced by, 22, 29, 125. 
 return to, 130. 
 
 forms of, 130. 
 separate, for costs, 31. 
 writ of assistance, substituted for, 125, 131.
 
 556 INDEX. 
 
 HUNTINGDON AND CAMBRIDGE : to have one sheriff, 3. 
 
 HUSBAND. See also Married Wosian and Wife. 
 antenuptial loans to wife, cannot recover, 276. 
 loans by wife to, 281. 
 
 married before 1870, liability of, for antenuptial debts of wife, 275, 281. 
 
 necessaries of wife, 275. 
 between 1870 and 1874, not liable for wife's antenuptial debts, 
 282. 
 1874 and 1882, liable for wife's antenuptial debts to 
 amount of assets received from her, 282. 
 since 1882, liable for wife's antenuptial debts to amount of 
 property received from her, 283. 
 not deprived of curtesy, 283. 
 takes no interest during 1 wife's life, 283. 
 Bummary determination of questions between, and wife as to property, 
 281. 
 
 HUSBANDRY PROVISIONS, 244 et seq. 
 
 action may be brought by landlord in sheriff's name, when, 245. 
 
 away-going crops, rights of tenant as to, 248. 
 
 clover, &c, growing with corn, sheriff not to dispose of, 246. 
 
 corn, &c, raised by manual labour, may be taken in execution, 246. 
 
 covenant, when tenant to notify sheriff of existence of, 244. 
 
 Crown not bound by 56 Geo. 3, c. 50. .246. 
 
 damages, sheriff not liable for, except for wilful breach or omission, 
 
 246. 
 disposal of produce subject to agreement to expend on the land, 245. 
 emblements, rights as to, altered by 14 & 15 Vict. c. 21. .247. 
 executing process, sheriff to give notice to landlord on, 244. 
 fruit, growing, non-seizable in execution, 247. 
 grass, cut, non-seizable as against prior purchaser, 247. 
 
 growing, non-seizable under fieri facias, 247. 
 growing crops, seized in execution, liability of, for accruing rent, 246. 
 hay, &c, not to be sold by sheriff contrary to covenant, 244. 
 indemnity to sheriff, &c, acting under 56 Geo. 3, c. 50. .246. 
 name and residence of landlord, sheriff to inquire as to, 245. 
 potatoes, growing, seizable under fieri facias, 247. 
 purchasers of crops severed, &c, landlord not to distrain for rent on, 
 
 245. 
 rent, accruing, liability of growing crops seized in execution for, 246. 
 straw, &c, sheriff not to sell off the lands, 244. 
 
 INDORSEMENT : 
 
 of writs of execution, 24, 38, 57. 
 
 INFANT: 
 
 may be claimant in interpleader, 378. 
 
 INQUIRY, WRIT OF, 404 et seq. 
 application of rules to, 21, 411. 
 County Court, when sheriff to hold, 407. 
 where to be held, 407.
 
 INDEX. 557 
 
 INQUIRY, WRIT OF— continued. 
 
 damages, how ascertained where a matter of calculation, 21. 
 
 how assessed where cause of action continuing, 22, 415. 
 delivery of, 404. 
 deputy to take inquisition on, appointment of, by sheriff, 410. 
 
 form of, 410. 
 entry of liberties and franchises by sheriff iu executing, 410. 
 evidence in assessment of damages, 412. 
 
 mitigation of damages in action for libel or slander, 412. 
 fees, customary, on assessment of damages on, 513. 
 
 statutory, on, 510. 
 forms of, 405. 
 inquiry on, 410. 
 
 addresses to jury at, 412. 
 adjournment of, 411. 
 costs of, 415. 
 
 counsel, notice of intention to appear by, at, 411. 
 entry of, 405. 
 
 habeas corpus to bring up party to attend, 411. 
 notice of, 405. 
 place for holding, 410. 
 time for holding, 410. 
 notice of, 410. 
 inquisition on, form of, 417. 
 
 setting aside, 418. 
 interest, jury empowered to allow, on debts, &c, 415. 
 
 give damages in the nature of, in certain 
 cases, 415. 
 issue of, 404. 
 jury, on, 408. See Juey. 
 charge to, 411. 
 
 form of, 411. 
 oath of, 411. 
 
 form of, 411. 
 liability of sheriff to attachment, &c. for misconduct, 417. 
 new trial and assessment, application for, 418. 
 object of, 404. 
 return to, 416. 
 
 defect in, 416. 
 of no damages, 416. 
 to be made by sheriff, 416. 
 where sheriff and jury in doubt, 416. 
 stay of execution, 417. 
 judgment, 417. 
 
 certificate to be indorsed on writ for, form of, 418. 
 
 INQUIRY UNDER COMMISSION OF SEWERS, 439. 
 
 INQUIRY UNDER LANDS CLAUSES CONSOLIDATION ACT, 
 
 1845. See Compensation Couet. 
 
 INQUIRY UNDER LUNACY COMMISSION, 439.
 
 558 INDEX. 
 
 INQUISITION: 
 
 capias atlagatum special, on. See Outlawry. 
 
 compensation Court, in connection with. See Compensation Court. 
 
 criminal execution, in connection with. See Criminal Execution. 
 
 elegit, on writ of. See Elegit, Writ of. 
 
 extent, on writ of. See Extent, Writ of. 
 
 fees on, 511. 
 
 forms of. See Forms. 
 
 inquiry, on writ of. See Inquiry, Writ of. 
 
 INTERPLEADER, 373 et seq. 
 
 abandonment of process by execution creditor, 385. 
 adverse claims to execution under Admiralty process, proceedings 
 where, 376. 
 titles of claimants in, 31, 374. 
 affidavit, bailiff, by, form of, 398. 
 claimant must make, 382. 
 forms of, 382. 
 not necessary for execution creditor to file, 382. 
 
 sheriff to file, 382. 
 trial will not be by, where sheriff applies for relief, 384. 
 appeal in, 395. 
 
 allowed, when, 395. 
 county court, from, 398. 
 sheriff's costs of, 391, 392. 
 time of, 397. 
 appearance of claimants to summons, order upon, 382. 
 applicant, matters to be proved by, in, 31, 374, 382. 
 meaning of, in, 30. 
 summons by, in, 31, 381. 
 application for, 381. 
 
 time for, 31, 381. 
 claimant, infant may be, 378. 
 
 married woman may be, 378. 
 meaning of, in, 30. 
 costs in, 32, 374, 388. 
 
 charges of sheriff subsequent to order, 389. 
 court to make orders as to, 32, 388. 
 prior to notice admitting claim, 375, 388. 
 security for, when ordered, 384, 389. 
 when each party to pay own, 394. 
 when sheriff entitled to, 389. 
 
 abandonment by claimant, 390. 
 
 appeal, of, 391. 
 
 claim by agent, 390. 
 
 claimant unsuccessful, 389. 
 
 neglect by claimant to give security when ordered, 
 
 390. 
 non-appearance of both parties, 390. 
 possession and sale, of, 390. 
 where ordered to withdraw by execution creditor , 
 389.
 
 INDEX. 559 
 
 INTERPLEADER— continued. 
 cost8 in — continued. 
 
 when sheriff not entitled to, 391. 
 appeal, of, 392. 
 
 arrangement between parties after order made, 392. 
 filing affidavit, of, 393. 
 keeping possession, of, 392. 
 non-appearance of claimant, 391. 
 
 execution creditor, 392. 
 withdrawal of execution creditor without authorizing 
 sheriff to contest claim, 391. 
 when sheriff to pay, 393. 
 
 claim bad in law, 393. 
 
 under bill of sale dated after levy, 393. 
 claimant successful, 393. 
 
 payment of proceeds by sheriff to execution creditor, 393. 
 where claimant withdraws, 388. 
 where execution creditor admits claim, 388. 
 
 does not appear, 388. 
 where sheriff relieved, 389. 
 county court, power of court to transfer, to, 375. 
 Crown, provisions do not apply to, 376. 
 equitable claims may be subject of, 377. 
 expenses of possession pending final order, 376. 
 foreigners out of the jurisdiction, application of, to, 376. 
 hearing, 382. 
 
 indemnity from execution creditor, sheriff not bound to accept, 376. 
 issue in, 31, 386. 
 
 delivery of, 386. 
 framing of, 386. 
 parties to the, 386. 
 trial of, mode of, 387. 
 
 right to begin at, 387. 
 judgment, 387. 
 
 to be entered by referee, 387. 
 
 upon motion for judgment or application for new trial, 387. 
 neglect of claimant to obey order, order on, 32, 385. 
 new trial, 394. 
 
 application for, 394 . 
 grounds for, 394. 
 
 power of Court to enter judgment instead of ordering, 394. 
 non-appearance of both parties, order on, 385. 
 claimant, order on, 32, 385. 
 execution creditor, procedure on, 385. 
 object of, 373. 
 
 order directing trial of issue, amending, 386. 
 rescinding, 386. 
 to sell goods seized in execution, in, 32, 384. 
 upon summons in, 31, 382. 
 final, 32. 
 title of, 32, 386. 
 orders, forms of, 399. 
 Orders 31 and 36 to apply to, 32, 387.
 
 560 INDEX. 
 
 INTERPLEADER— con tinned. 
 
 particulars of claim in, 381. 
 proceedings, when applicable, 377. 
 proof required of applicant in, 31, 374, 382. 
 questions of law, decision of, 31, 383. 
 relief by, in what cases granted, 30. 
 
 sheriff should apply for, without delay, 376. 
 when not entitled to, 379. 
 
 claim by partner for interest in partnership goods 
 seized for another partner's debt, 380. 
 under bill of sale dated after levy, 381. 
 delay in applying for relief, 380. 
 discretion exercised by sheriff, 380. 
 dishonest conduct of sheriff, 380. 
 goods delivered to claimant, 379. 
 not in sheriff's hands, 379. 
 misconduct of sheriff, 380. 
 negligence of sheriff, 380. 
 payment made to judgment creditor after notice 
 
 of claim, 379. 
 precedence of writs in question, 379. 
 rent due, 379. 
 sheriff indemnified, 380. 
 interested, 380. 
 relieved, when sheriff, 31, 377. 
 claim for lien, 378. 
 
 conflicting claimants and defendant bankrupt, 378. 
 executor, execution debtor claiming as, 377. 
 goods in stranger's possession no bar to application, 378. 
 sheriff a trespasser, 378. 
 various writs, 378. 
 rule, how far parties entitled to be heard against, 385. 
 security for costs, when ordered, 384, 389. 
 sheriff not bound to interplead, 376. 
 
 should apply for relief without delay, 376. 
 
 make inquiry before interpleading, 375. 
 when not entitled to relief. See supra. 
 relieved. See supra. 
 special case in, 32. 
 stay of proceedings in, 31, 385. 
 summary disposal of matters in, 31, 383. 
 
 order in case of, final, 32. 
 summons by applicant in, 31, 381. 
 
 failure of claimant to appear to, 32, 385. 
 writing, claim in, must be in, 374. 
 
 INTERROGATORIES : 
 
 upon attachment, 43. 
 answers to, 43. 
 counsel to sign, 44. 
 
 irrelevant or improper, disallowance of, 44. 
 order to file, 43.
 
 INDEX. 561 
 
 ISSUE : 
 
 execution, of. See Execution. 
 interpleader, in. See Interpleader. 
 
 JUDGES : 
 
 exemption of, from service on juries, 452. 
 privilege of, from arrest, 183. 
 
 JUDGMENT : 
 
 act, to abstain from doing, how enforced, 23, 155. 
 in limited time, to do, how enforced, 29. 
 other than payment of money, to do, how enforced, 23, 155. 
 conditional, execution of, 23. 
 
 waiver of, 22. 
 corporation, against, how enforced, 27. 
 difficulty in enforcing, 28. 
 feigned, covinous, or fraudulent, void, 64. 
 firm, against, execution of, 23. 
 interpleader, in, 387. 
 obedience to, to pay money or deliver up property to be without 
 
 demand, 22. 
 outlawry in, entry of, 35. 
 payment of money, for, how enforced, 22. 
 
 into Court, for, how enforced, 22. 
 real estate, on, effect of, 101. 
 recovery of land, for, how enforced, 22, 125. 
 
 property other than land or money, for, how enforced, 22, 
 123, 132. 
 writ issued on production of, 24. 
 
 JURORS. See also Jury. 
 
 aliens qualified as, after ten years' domicile, 452. 
 
 attendance not required at compensation court more than once a year, 
 
 431. 
 bailiff, penalty on, for summoning persons not in warrant, 457. 
 certificate of service of, at assizes, 485. 
 
 form of, 486. 
 cities and boroughs and counties of towns, in, 460. 
 City of London, in, lists of, how made up, 460. 
 summoned by rotation, 460. 
 convicts, unless pardoned, disqualified as, 452. 
 deficiency of, how made up at assizes and sessions, 479. 
 compensation court, 432. 
 disqualification to be claimed before revision of list, 455. 
 exemption from service, 140, 409, 452. 
 
 of inhabitants of Westminster, abolished, 455. 
 on ground of age, 455. 
 to be claimed before revision of list, 455. 
 expenses of summoning, 486. 
 fire and refreshment, when allowed, 483. 
 grand, in cities and boroughs and counties of towns, 460. 
 in counties, summoning, 455. 
 
 persons qualified as, not exempt from serving as common 
 jurors, 455. 
 M. OO
 
 562 INDEX. 
 
 JURORS — continued. 
 
 liability of, for non-attendance at assizes and sessions, 479. 
 
 compensation court, 431, 433. 
 inquiry under writ of inquiry, 408. 
 inquisition under writ of extent, 140. 
 lists of, in City of London, how made up, 460. 
 
 counties, to be copied by clerk of peace into "Jurors' 
 Book" to be delivered to sheriff, 456. 
 names of, who have served at assizes or sessions to be registered by 
 sheriff, 485, 486. 
 exception as to grand and special, 485. 
 non-attendance, not liable for, unless summons served six days before 
 
 date of attendance, 466, 479. 
 outlaws disqualified as, 452. 
 qualification of, in City of London, 450, 451. 
 counties, 447. 
 
 liberties, cities, boroughs and counties of cities, 
 &c, 449. 
 on inquiry under Lands Clauses Consolidation Act, 
 1845. .431. 
 writ of inquiry, 408. 
 on inquisition under writ of extent, 140. 
 remuneration of, at assizes and sessions, 484. 
 
 by whom paid, 485. 
 for service on jury, 484. 
 view, 484. 
 on inquiry under Commission of Sewers, 439. 
 Lunacy Commission, 439. 
 writ of inquiry, 409. 
 on inquisition under writ of extent, 140. 
 service not required more than once a year, 458. 
 
 nor in more than one Court on same day, 458. 
 sheriff, &c, penalty on, for taking reward to excuse persons from 
 
 service as, 457. 
 special, decision of justices as to qualification of, final, 449. 
 
 in cities and boroughs and counties of towns, 451, 460. 
 
 in London and Middlesex, not less than thirty to be summoned 
 
 for each Court, 458. 
 liability of, to serve in other Courts than that for which sum- 
 moned, 449. 
 need not be summoned unless notice be given by either party, 
 457. 
 exception as to London and Middlesex, 458. 
 not exempt from serving as common jurors, 455. 
 overseers to specify, in jury list, 449. 
 summoning- under old system, 458. 
 
 where not summoned, cause to be tried by common jury, 458. 
 summoned to serve indiscriminately on civil or criminal sides, 456. 
 summoning of, for assizes and sessions, 455. 
 
 inquiry under Lands Clauses Consolidation Act, 
 1845.. 429. 
 writ of inquiry, 409. 
 inquisition under writ of extent, 140.
 
 INDEX. 563 
 
 JURORS— continued. 
 
 summoning of, may be by post, 465. 
 
 summons to, how long to be served before date of attendance, 465. 
 
 view of. See View and Viewers. 
 
 JURY. See also Jueoes. 
 
 assizes and sessions, at, 447. 
 
 attendance of, sheriff to make regulations as to, 459. 
 balloting for, 480. 
 
 grand, in Middlesex, need not be summoned unless notice given 
 of business, 459. 
 swearing and charging, 476. 
 mode of obtaining, 37. 
 panels, forms of, 469, 470, 473. 
 same, may try several issues, 481. 
 
 sheriff not entitled to exempt anyone from service on, 467. 
 special, prosecutor or defendant, except in felony, may obtain, 
 
 37, 459. 
 summons, forms of, 463, 464. 
 
 may be sent by post, 465. 
 service of, 464. 
 
 how long before date of attendance, 464. 
 trial at bar, for, 459. 
 viewers to be sworn first upon, 483. 
 writs for summoning, abolished, 37, 459. 
 capias utlagatum special, cum breve de inquirendo, on, 228. 
 charge to, form of, 228. 
 oath of, form of, 229. 
 compensation court, at, impannelling of, 432. 
 jurisdiction of, extent of, 434. 
 
 special, same may try other inquiries by consent, 432. 
 summoned at request of either party, 430. 
 summons by sheriff in connection with nomination of, 
 form of, 431. 
 summoning of, 429. 
 summons to, form of, 429. 
 sworn, to be, 432. 
 warrant to summon, 427. 
 elegit, on writ of, 100, 106. 
 
 charge to, form of, 107. 
 oath of, form of, 107. 
 extent, on writ of, 140. 
 
 oath of, form of, 140. 
 
 inquiry, on writ of, 408. 
 
 addresses to, at trial, 412. 
 challenge to, none, 409. 
 charge to, form of, 411. 
 oath of, form of, 411. 
 summoning of, 408. 
 summons to, form of, 408. 
 
 oo2
 
 564 INDEX. 
 
 LANDLORD'S CLAIM FOR RENT, 66, 285 et seq. 
 County Court executions, in case of, 290. 
 Crown debts, saving for, in 8 Anne, c. 14. .290. 
 execution not to take place, unless execution creditor pays rent due 
 
 not exceeding one year's arrears, 286. 
 poundage, sheriff cannot deduct, from rent paid to landlord, 289. 
 
 nor from remissions granted to tenant, 289. 
 remedy of landlord where sheriff removes goods without paying rent, 
 
 289. 
 right of landlord to distrain for rent due, 285. 
 
 unless goods in custody of law, 285. 
 sheriff empowered to levy one year's arrears of rent if paid by execu- 
 tion creditor, 286. 
 liable if goods removed before one year's arrears secured, 
 
 286, 289. 
 should give notice to execution creditor that rent in arrear, 287. 
 
 form of notice, 287. 
 should withdraw, if execution creditor does not comply with 
 notice, 287. 
 but may execute and, after paying rent, pay 
 surplus to execution creditor, 288. 
 statute 8 Anne, c. 14, applies only to rent accrued due, 288. 
 
 and only to existing tenancies, 288. 
 does not apply unless goods actually removed, 288. 
 nor to execution by landlord, 289. 
 tenancies for less than a year, in case of, 290. 
 
 LEASEHOLD INTEREST: seizable in execution, 78, 110. 
 
 LEVARI FACIAS, "WRIT OF: 
 
 conviction affirmed, for recovery of penalty, on, 214. 
 
 forms of, 215, 216. 
 
 wan-ant on, forms of, 217. 
 execution of, 216. 
 
 indictments removed into Q. B. D., for recovery of fines on, 213. 
 inhabitants, &c, upon conviction and fine, against, 214. 
 
 form of, 214. 
 
 warrant on, form of, 216. 
 
 LIBERTIES, BAILIFFS OF. See Bailiff. 
 LIEN : non-seizable in execution, 75. 
 
 LONDON, CITY OF : 
 
 estreats of fines, secondary to hand over, to city solicitor, 219. 
 liability of corporation of, for misconduct of secondary and officers, 
 
 9, 13 (n.). 
 secondary of, 7, 9, 13 (n.). 
 sheriffs of, 3. 
 
 election of, 3. 
 
 oath of office of, 6. 
 under-sheriffs of, 7. 
 
 LONDON, COUNTY OF : sheriff of, 3.
 
 INDEX. 565 
 
 LOED CHANCELLOR : 
 
 privilege of, from arrest, 182. 
 
 servants of, privilege of, from arrest, 183. 
 
 LORD KEEPER : 
 
 privilege of, from arrest, 182. 
 
 servants of, privilege of, from arrest, 183. 
 
 MAGISTRATES : how far privileged from arrest, 185. 
 
 MARRIED WOMAN. See also Husband and Wife. 
 ante-nuptial debts, liability of, for, 281. 
 
 no restriction on anticipation made by, valid 
 against, 281. 
 arrest, not exempt from, 186. 
 bankruptcy of, carrying on separate trade, 281. 
 claimant in interpleader, may be, 378. 
 contract, capability to, as feme sole, 279. 
 
 contracts by, effect of Married Women's Property Act, 1893, on, 280. 
 disposal by will, power of, only extends to property in possession 
 
 during coverture, 279. 
 earnings of, in trade, 271, 277. 
 execution against, 79. 
 
 of general powers, effect of, 281. 
 goods of, how far seizable, 79. 
 insurance, policies of, 281. 
 
 interest of husband in property of, at common law, 271. 
 investments, fraudulent, with moneys of husband, 281. 
 
 in joint names of, and others, 281. 
 judgment against, form of, 280. 
 
 maintenance of pauper husband and children by, 282. 
 property of, at common law, 270. 
 
 under Married Women's Property Acts, 276. 
 protection of property of, by trustees, 270. 
 
 remedies for, 281. 
 restraint on anticipation, costs may be ordered out of property 
 subject to, 281. 
 preserved, 279, 280. 
 reversionary choses in action, disposal of, by, 273. 
 separate property of, capability to hold and dispose of as feme sole, 
 278, 283. 
 deposits in savings bank, property in funds, &c, 
 
 deemed, 277. 
 execution, how far seizable in, 79. 
 real and personal property, if title accrued after 
 
 1882 Act, to be, 278. 
 wages and earnings acquired after 1870 Act, to 
 be, 277. 
 settlements by, not to have greater validity against creditors than by 
 a man, 280. 
 protected, 279, 280. 
 
 MEDICAL PRACTITIONERS : exemption of, from service on juries, 453.
 
 566 INDEX. 
 
 MEMBERS OF PARLIAMENT: 
 
 exemption of, from service on juries, 452. 
 privilege of, from arrest, 182. 
 
 MIDDLESEX : sheriff of, 3. 
 
 MONEY : seizable in execution, 71, 145. 
 
 NECESSARIES : 
 
 Crown debtor and family, of, cannot be taken under extent, 144. 
 debtor and family, of, under hi., not to be taken in execution, 73. 
 wife, of, liability of husband for, 275. 
 
 NE EXEAT REGNO, WRIT OF : 
 forms of, 165. 
 issued, when, 158. 
 return to, form of, 204. 
 security under, 158, 191. 
 warrant on, form of, 171. 
 
 NOMINATION : of sheriffs, 2. 
 
 NONCONFORMIST MINISTERS : 
 
 arrest, how far privileged from, 186. 
 juries, exemption of, from service on, 452. 
 
 OATH OF JURY : forms of. See Forms. 
 
 OFFICERS : 
 
 of army, navy, militia, and yeomanry, exemption of, from service on 
 
 juries, 453. 
 of rural and metropolitan police, exemption of, from service on 
 
 juries, 454. 
 
 ORDERS. See Judgment. 
 
 enforceable like judgments, 26, 39. 
 
 OUTGOING SHERIFF : duties of, 20, 220. 
 
 OUTLAWRY, 226 et seq. : 
 
 abolished in civil proceedings, 226. 
 
 but not in criminal proceedings, 226. 
 after judgment, 35. 
 
 capias ad satisfaciendum, writ of, issue of, 390. 
 
 one, only necessary, 390. 
 committal to answer indictment, &c, 36. 
 exigent, writ of, issue of, 35. 
 
 after, rules same as on outlawry 
 before judgment, 36. 
 
 before judgment, 34. 
 
 process in felony, application of rules to, 35. 
 misdemeanor, 34. 
 alias and plurics writs, issue of, 34.
 
 INDEX, 567 
 
 OUTLAWET— continued. 
 
 before judgment — continued. 
 
 process in bail on surrender or caption of defendant, 36. 
 capias ad respondendum, writ of, issue of, 34. 
 
 cum proclamatione into foreign county, writ 
 
 of, issue of, 34. 
 utlagatum, writ of, execution of, 228. 
 issue of, 35. 
 
 warrant on, form of, 228. 
 utlagatum special, cum breve de inquirendo, 
 writ of, 35, 228. 
 inquisition on, 228. 
 
 form of, 231. 
 return of, 229. 
 issue of, 35. 
 jury, charge to, form of, 228. 
 
 oath of, form of, 229. 
 return to, form of, 231. 
 distringas, writ of, issue of, 34. 
 entry of judgment, 35, 227. 
 exigent, writ of, execution of, 227. 
 issue of, 35. 
 return to, 227. 
 
 forms of, 229, 230. 
 warrant on, form of, 227. 
 with allocatur, issue of, 35. 
 melius inquirendum, writ of, issue of, 35. 
 proclamations, writ of, issue of, 35. 
 
 return to, form of, 230. 
 roll, engrossing and filing, 35. 
 supersedeas, application for, 36. 
 venire facias, writ of, issue of, 34. 
 
 return to, 229. 
 forms of, process, 226. 
 Lancashire, process into, 36. 
 object of, process, 226. 
 reversal of, 36. 
 
 assignment of errors and joinder, 37. 
 
 committal suspended until after, 37. 
 
 conviction, after, 36. 
 
 discharge of defendant on undertaking of solicitor to 
 
 appear, 36. 
 error, by writ of, 36. 
 personal appearance, when necessary, 36. 
 plea on, before judgment, 36. 
 
 PARLIAMENTARY CANDIDATES : not exempt from arrest, 186. 
 PARLIAMENTARY VOTERS : not exempt from arrest, 186. 
 
 PARTNERSHIP PROPERTY : 
 
 definition of, 79. 
 
 execution against, on judgment against firm, 79. 
 
 procedure against, for partner's separate judgment debt, 79, 145.
 
 568 INDEX. 
 
 PAWNBROKER : interest of, in redeemable pledges, seizable under 
 fi. fa., 74. 
 
 PEERS : 
 
 exemption of, from service on juries, 452. 
 privilege of, from arrest, 182. 
 
 PENALTIES, RECOVERY OF. See Fines, Penalties, &c, Recoveey of. 
 
 PILOTS : exemption of, from service on juries, 453. 
 
 FOSSE COMITATUS : when sheriff to call out, 69, 129, 131. 
 
 POSSESSION, WRIT OF. See Habere Facias Possessionem, Writ of. 
 
 POUNDAGE. See also Fees and Poundage. 
 elegit, on writ of, 508. 
 habere facias possessionem, on writ of, 508. 
 levying, 24, 39. 
 
 serving or executing extent or execution, for, 507. 
 sums due to Crown collected by sheriff, on, 505. 
 
 PRECIPE: for writ of execution, 24, 38. 
 
 PRECEDENCE : of sheriff, 9. 
 
 PRICKING OF SHERIFFS, 2. 
 
 PRIVILEGE FROM ARREST : 
 
 permanent, 182. 
 temporary, 184. 
 
 PROCLAMATIONS, WRIT OF. See Outlawry. 
 
 PROMISSORY NOTES : seizable in execution under/, fa., 71. 
 
 QUALIFICATION: 
 
 jurors, of. See JURORS, 
 sheriffs, of, 1. 
 
 RE-ARREST, 196. 
 
 RE-ENTRY : after withdrawal from possession, 82. 
 
 REGISTRATION : 
 
 bills of sale, of. See Bills of Sale. 
 
 companies, of. See Companies. 
 
 writs and orders affecting land, of, 102. 
 
 RENT, CLAIM OF LANDLORD FOR. See Landlord's Claim for 
 Rent. 
 
 RESISTERS : arrest and committal to prison of, 176. 
 
 RESTITUTION, WRIT OF, 232. 
 execution of, 233. 
 form of, 232. 
 Object of, 232.
 
 INDEX. 569 
 
 RETURN : 
 
 arrest process, in, 198. 
 
 forms of, 201. 
 attachment for contempt, to, 43, 199. 
 
 on articles of the peace, to, 45, 199. 
 
 procedure on, 45, 46. 
 capias ad respondendum, to "writ of, 34. 
 
 satisfaciendum, to writ of, 41, 198. 
 
 forms of, 202, 204. 
 continuing in possession after day of, 94. 
 contumace capiendo, to writ of, 45, 160, 198. 
 cum proclamation, to writ of, form of, 230. 
 delivery, to writ of, 134. 
 
 form of, 134. 
 distringas, to writ of, 40, 209. 
 elegit, to writ of, 114. 
 
 forms of, 115. 
 exigent, to writ of, 35, 227. 
 extent, to writ of, 150. 
 
 forms of, 150, 151. 
 false, action against sheriff for, 91, 200. 
 fieri facias, to writ of, 88. 
 
 forms of, 94. 
 habeas corpus, to writ of, 40, 41, 42, 199. 
 habere facias possessionem, to writ of, 130. 
 
 forms of, 130. 
 inquiry, to writ of, 416. 
 tie exeat regno, to writ of, form of, 204. 
 scire facias, to writ of, 225. 
 venditioni exponas, to writ of, 119. 
 venire facias, to writ of, 209, 229. 
 writs generally, of, 39, 40. 
 
 REVERSAL OF OUTLAWRY. See Outlawry. 
 
 ROMAN CATHOLIC PRIESTS : exemption of, from service on 
 juries, 452. 
 
 ROYAL FAMILY : privileged from arrest, 182. 
 
 SALE OF OFFICES : of under-sheriff, deputy -sheriff, bailiff, &c, 
 prohibited, 498. 
 
 SALE UNDER EXECUTION : 
 
 auction, to be by, if execution for more than 20/., 84, 364. 
 private, application for order as to, 84, 365. 
 
 attendance at hearing of, 365. 
 
 costs of, 365. 
 
 notice of, 365. 
 
 sheriff's list on, 84, 365. 
 
 production of, 365. 
 summons on, 84, 365. 
 
 contents of, 365. 
 service of copy of, 365.
 
 570 INDEX. 
 
 SALE UNDER EXECUTION— continued. 
 
 removal of goods to be within reasonable time after, 87. 
 sheriff not to sell greatly under value, 85. 
 more than necessary, 86. 
 stay unreasonable time after, 87. 
 time of, 84. 
 
 SCIRE FACIAS, WRIT OF, 224. 
 
 abolished as to proceedings on Crown side, 37, 225. 
 
 execution of, 225. 
 
 extent usually preceded by, 136. 
 
 object of, 224. 
 
 payment of debts due to Crown debtor, to compel, 153. 
 
 return to, 225. 
 
 SECONDARY OF CITY OF LONDON : 
 
 copy of sect. 14 of Sheriffs Act, 1887, to be delivered to bailiff by, 180. 
 
 estreats of fines, to hand over to city solicitor, 219. 
 
 liability of corporation for misconduct of, 9, 13 (n.). 
 
 office of, 7. 
 
 security given by, to corporation, 9. 
 
 SECURITIES : seizable in execution under^./a., 71. 
 
 SEIZURE IN EXECUTION : 
 
 extent, under writ of, 141. See Extent, "Whit of. 
 
 fieri facias, under writ of, 66, 82. See FIERI FACIAS, Weit of. 
 
 SEQUESTRARI FACIAS BE BOXIS ECCLESIASTICIS, WRIT OF: 
 elegit, in aid of writ of, 29, 124. 
 execution of, 29, 124. 
 fieri facias, in aid of writ of, 29, 124. 
 issue of, 29, 124. 
 
 SEQUESTRATION, WRIT OF, 28, 123. 
 
 beneficed clerk, against, issue of, 28, 123. 
 
 procedure thereon, 28, 123. 
 corporation, to enforce judgment against, 27. 
 costs, payment of, enforced by, 29. 
 definition of, 123. 
 do act in limited time, to, 29. 
 object of, 123 
 
 order to do act within limited time enforced by, 29. 
 payment into Court enforced by, 22, 29. 
 proceeds of, how dealt with, 29. 
 property of corporation, against, 27. 
 recovery of property other than land or money, for, 23, 123. 
 
 SESSIONS, 440 et seq. 
 
 duties of under-sheriff at, 444. 
 
 fines, recovery of. See Fines, Penalties, &c, Recovery of. 
 
 held, how often, 442. 
 
 when, 442. 
 jurors at. See Jueoes. 
 jury. See Jury.
 
 INDEX. 571 
 
 SETTLEMENTS. See Dispositions of Property and Married Woman. 
 
 SHAREHOLDERS IN COMPANIES : 
 
 execution against, 242. 
 
 application for leave to issue, 242. 
 
 SHERIFF : 
 
 accounts of. See Accounts, Sheriffs'. 
 acts of officers, liability of, for, 13. 
 allowances to. See Allowances. 
 appointment of. See Appointment. 
 arrest of civil debtors, duties of, on, 179. 
 attacbment against, 120, 494, 502. 
 
 application for leave to issue, 502. 
 
 directed to coroner, 503. 
 
 setting aside, 503. 
 attendance of, at Court, &c. during assize business, 477. 
 bankruptcy petition, notice to, of, 363. 
 Cambridge and Huntingdon, of, 3. 
 
 committal of, for non-compliance with notice to return writ, &c, 501. 
 complaint against, costs of, Court may make order as to, 497. 
 copy of sect. 14 of Sheriffs Act, 1887, to be delivered to bailiff by, 
 
 180. 
 corrupt practice in not serving writs, proceedings against, for, 49. 
 
 cravings of, 521. 
 
 mode of obtaining, 52 1 . 
 criminal execution, duties of, at, may be performed by undersheriff, 
 
 489. 
 death of, execution of office by undersheriff on, 9. 
 declaration of. See Declaration. 
 default at trial of inquiry, penalty on, for, 433. 
 definition of, in Bankruptcy Act, 1883. .366. 
 
 in Lands Clauses Consolidation Act, 1845. .426. 
 delay in executing writs, liability of, for, 49. 
 deputy of. See Sheriff's Deputy. 
 
 detaining person after order of Court to discharge, liability of, for, 193. 
 discovery against, 501. 
 dress of, 1 1 . 
 
 duties of, as to criminal execution may be performed by undersheriff, 
 489. 
 goods taken in execution on notice of receiving order, 
 
 83, 359. 
 
 when j udgment debt exceeds 
 20/., 361. 
 signing and giving duplicate of list to predecessor, 20. 
 on arrest of civil debtors, 179. 
 under 13 Eliz. c. 5, 370. 
 evidence against and for, 498. 
 
 to connect, with undersheriff and officers, 498. 
 
 admissions by undersheriff , officers, &c, 500. 
 indorsement of writ, 499. 
 production of warrant, 498. 
 
 when dispensed with, 499.
 
 
 572 INDEX. 
 
 SHERIFF— continued. 
 
 exemptions from service as, 1 (n.). 
 extortion by, remedies for, 496, 518. 
 extra allowances and expenses of, 517. 
 failure of, to make return after rule, costs of, 495. 
 false return, action against, for, 200, 494. 
 fees of. Sec Fees. 
 
 fees and poundage, apportionment of, between, and predecessor in 
 office, 505. 
 recovery of, by, 517. 
 illegal arrest, liability of, for costs of, 187. 
 indemnity to, acting under provisions of 56 Geo. 3, c. 50. .246. 
 
 for returning unqualified person named in juror's book, 
 
 467. 
 suing party liable upon cheque, bill of exchange, &c. 
 seized in execution, 72. 
 interpleader, relief of, by way of. See Inteepleadee. 
 late, attachment against, 495. 
 
 notice to, to bring in body of person arrested, 502. 
 liability of, for acts of officers, 13. 
 
 arresting privileged persons in certain cases, 187. 
 
 costs of illegal arrest, 187. 
 
 delay in executing writs, 49. 
 
 detaining person after order of Court to discharge, 
 
 193. 
 misconduct of officer, 494. 
 misfeasance, 493. 
 non-return of writ, 88, 91. 
 
 not selling under writ of venditioni exponas, 120. 
 paying after notice of bankruptcy petition, 364. 
 proceeding with sale with knowledge of stay of exe- 
 cution, 80. 
 remaining unreasonable time in possession, 70. 
 trespass, 59. 
 
 wilful and fraudulent acts, 494. 
 wilful breach or omission, 246. 
 wrongful imprisonment, 494. 
 generally, 504. 
 misconduct, &c, punishment of, for, 495. 
 misfeasance, liability of, for, 493. 
 neglect of duty, penalty on, for, 486. 
 
 negligence in performance of duty as to recovery of fines, penalty on, 
 for, 218, 221. 
 of bailiff in not paying over in arrest on mesne process, not 
 liable for, 193. 
 nomination of, 2. 
 non-compliance with notice to return writ, &c, committal of, for, 
 
 501. 
 non-performance of duty as to recovery of fines, penalty on, for, 218, 
 
 221. 
 non-return of writ, liability of, for, 88, 91. 
 no rule nisi or order to show cause for payment by, 501. 
 not selling under writ of venditioni exponas, liability of, for, 120.
 
 INDEX. 573 
 
 SHERIFF— continued. 
 
 office of, duration of, 1. 
 
 not to become void by demise of Crown or of Duchy of 
 Corn-wall, 1. 
 officer of. See Bailiff, and Sheriff's Officee. 
 
 or servant of, not to be returned in jury panel, 468. 
 outgoing, duties of, 20, 220. 
 
 paying after notice of bankruptcy petition, liability of, for, 3G4. 
 penalty on, for default at trial of inquiry, 433. 
 misconduct, &c, 495. 
 neglect of duty, 486. 
 negligence in performance of duty as to recovery of 
 
 fines, 218, 221. 
 non-performance of duty as to recovery of fines, 218, 
 
 221. 
 taking money to excuse from serving on juries, 457. 
 pleas of the Crown, not to hold, 407. 
 
 power of, to break and enter houses in executing, 67, 139, 142, 177, 
 228. 
 hold cheques, bills of exchange, &c, seized as security 
 
 for judgment debt, 71. 
 pay money and bank notes seized to execution creditor, 7 1 . 
 seize money, bank notes, &c, in execution, 71. 
 sue for amount secured by bills of exchange and other 
 securities, 71. 
 precedence of, 9. 
 pricking of, notification of, 2. 
 
 privileged persons, liability of, for arresting, in certain cases, 187. 
 proceeding with sale with knowledge of stay of execution, liability of, 
 
 for, 80. 
 proceedings against, 493. 
 
 for corrupt practice in not serving writs, 49. 
 postponement of, 498. 
 time within which to be taken, 498. 
 punishment of, for misconduct, &c, 495. 
 
 by what Courts, 497. 
 qualification of, 1 . 
 
 re-appointment as, not to be within three years, 2. 
 remaining unreasonable time on premises in possession, liability of, 
 
 for, 70. 
 remedies against, for extortion, 496, 518. 
 remedy of landlord against, for removing goods without paying rent, 
 
 289. 
 reward, none to be taken by, except fees allowed, 505. 
 rights of, 504. 
 
 taxation of costs and charges of, 361, 363, 518. 
 tourn of, abolished, 407. 
 trespass, liability of, for, 59. 
 
 relief by interpleader in case of, 378. 
 undersheriff, must appoint, 6. 
 wilful and fraudulent acts, liability of, for, 494. 
 breach or omission, liability of, for, 246. 
 wrongful imprisonment, liability of, for, 494.
 
 574 INDEX. 
 
 SHERIFF'S DEPUTY : 
 
 for writ of inquiry, appointment of, 410. 
 
 form of, 410. 
 in London, 1 1 . 
 
 appointment of, 11. 
 
 form of, 12. 
 delivery of writ to, is delivery to sheriff, 12. 
 sale of office of, prohibited, 498. 
 
 SHERIFF'S OFFICER. See also Bailiff. 
 bond of, form of, 15. 
 
 complaint against, costs of, Court may make order as to, 497. 
 declaration by, form of, 14. 
 
 duty of, on receipt of notice of injunction restraining sale, 359. 
 exemption of, from service upon juries, 454. 
 extortion by, remedies for, 496, 518. 
 fees, recovery of, by, 518. 
 
 liability of, for proceeding with sale after notice that Court has re- 
 strained proceedings, 354, 359. 
 wilful omission, 246. 
 misconduct, &c, punishment of, for, 495. 
 misfeasance of, liability of sheriff for, 493. 
 not to be returned in jury panel, 46S. 
 person pretending to act as, punishment of, 497. 
 proceedings against, postponement of, 498. 
 
 time within which to be taken, 498. 
 punishment of, for misconduct, &c, 495. 
 
 by what Courts, 497. 
 person pretending to act as, 497. 
 remedies for extortion by, 496, 518. 
 reward, none to be taken by, except fees allowed, 505. 
 sale of office of, prohibited, 498. 
 sureties of, discharge of obligation by, 17. 
 
 how far liable, 17. 
 wilful breach or omission, liability of, for, 246. 
 
 SHIPPING PROPERTY: 
 
 seizable in execution, 75. 
 
 SOLDIERS : 
 
 accoutrements of, 73. 
 
 arrest, how far privileged from, 183. 
 
 juries, exemption of, from service on, 455. 
 
 SOLICITOR: 
 
 arrest, how far privileged from, 184. 
 
 juries, exemption of, from service on, 453. 
 
 liability of, for mistake in filling up indorsement on writ, 58. 
 
 undersheriff may practise as, 9. 
 
 SPECIAL BAILIFF. See Bailiff. 
 
 SPECIALTIES : 
 
 may be seized under writ of extent, 143, 145.
 
 INDEX. 575 
 
 SUBPCENA : 
 
 for payment of costs not to issue, 29. 
 
 SUPERIOR COURTS : 
 
 precepts of judges of, by whom to be executed, 457. 
 
 SUPERSEDEAS : 
 
 distringas, to writ of, 209. 
 
 form of, 208. 
 other writs, to, 209. 
 outlawry before judgment, to, 36. 
 
 TENANT : 
 
 rights of, to emblements altered by 14 & 15 Vict. c. 25, s. 1 . .247. 
 
 TERM OF TEARS : 
 
 elegit, may be taken under writ of, 110. 
 extent, may be taken under writ of, 144. 
 
 TRESPASS : 
 
 liability of sheriff for, 59. 
 
 relief by interpleader in case of, 378. 
 
 TRIAL AT BAR : 
 jury for, 459. 
 
 TRUST ESTATES : 
 
 elegit, may be taken under writ of, 109. 
 extent, may be taken under writ of, 144. 
 
 TRUSTEE : 
 
 goods in possession of execution debtor as, non-seizable in execution, 
 74. 
 
 UNDERSHERIFF : 
 
 appointment of. See Appointjlent. 
 arrest of civil debtors, duties of, on, 179. 
 attendance at Court, &c. during assize business, 477. 
 assizes, duties of, in connection with, 442. 
 complaint against, costs of, Court may make order as to, 497. 
 copy of sect. 14 of Sheriffs Act, 1887, to be delivered to bailiff by, 180. 
 criminal execution, duties of sheriff at, may be performed by, 489. 
 declaration of. See Declaration. 
 deputy, appointment of, by, 9. 
 dress of, 11. 
 
 duties of, in connection with assizes, 442. 
 sessions, 444. 
 
 on arrest of civil debtors, 179. 
 
 on receipt of precept of assize, 474. 
 indemnity to, acting under provisions of 56 Geo. 3, c. 50. .246. 
 misconduct, &c, punishment of, for, 495. 
 neglect of duty, penalty on, for, 486. 
 person pretending to act as, punishment of, 497.
 
 576 INDEX. 
 
 UNDEESHERUT— continued. 
 
 proceedings against, postponement of, 498. 
 
 time within -which to be taken, 498. 
 punishment of, for misconduct, &c, 495. 
 
 by what Courts, 497. 
 person pretending to act as, 497. 
 reward, none to be taken by, except fees allowed, 605. 
 sale of office of, prohibited, 9, 498. 
 security by bond given by, to sheriff, 7. 
 solicitor, may practise as, 9. 
 
 VENDITIONI EXPONAS, WRIT OF, 111 et seq. 
 elegit, in aid of writ of, 29, 118. 
 execution of, 29, 117, 118. 
 
 extent, goods seized under writ of, to be sold under, 151, 152. 
 fieri facias, in aid of writ of, 28, 29, 118. 
 form of, 118. 
 issue of, 28. 
 
 liability of sheriff for not selling under, 120. 
 object of, 117. 
 return to, 119. 
 sale under, 119. 
 
 VENIRE FACIAS, WRIT OF, 206 et seq. 
 
 corporation, against, to compel appearance, 207. 
 entry of appearance of defendant to, 209. 
 execution of, 208. 
 form of, 207. 
 
 indictments, in connection with, 206. 
 inhabitants, against, to compel appearance, 207. 
 issued, when, 34, 206. 
 juries, for summoning, abolished, 37, 459. 
 outlawry process, in, 34, 207. 
 return to, 34, 209, 229. 
 order to, 209. 
 
 VIEW: 
 
 affidavit of place of, 37, 482. 
 
 another county, in, sheriff or jury cannot be ordered to, 482. 
 
 application for, 37, 482. 
 
 costs of, 37, 482. 
 
 amount to be deposited for, 37, 482. 
 Crown suits, in case of, 483. 
 fees for, 484, 512. 
 order for, may be drawn up without motion, 482. 
 
 VIEWERS : 
 
 names of, to be delivered by sheriff to associate, 482. 
 
 parties, if required, 482. 
 sworn upon jury first, to be, 483. 

 
 INDEX. 577 
 
 WARRANT : 
 
 appointment of sheriff, of, 2. 
 
 transmission of duplicate of, to clerk of 
 peace of county, 2. 
 execution of writ, for, 47. 
 
 contents of, 47. 
 
 forms of. See Forms. 
 
 issue of, procedure generally on, 47. 
 
 party named in, should execute writ, 48. 
 
 WIDOW : 
 
 right of, to dower when married after Dower Act, 1833. .274. 
 
 before Dower Act, 1833.. 274. 
 freebench in copyhold lands, 274. 
 
 WIFE. See also Husband and Married Woman. 
 ante-nuptial debts of, 
 
 husband married before M. W. P. Act, 1870, liability of, for, 
 275. 
 between M. W. P. Acts, 1870 and 1874, not 
 
 liable for, 282. 
 between M. W. P. Acts, 1874 and 1882, 
 
 liability of, for, 282. 
 after M. W. P. Act, 1882, liability of, for, 
 283. 
 ante-nuptial loans to, husband cannot recover, 276. 
 contracts, liability of, for, since separate use established, 275. 
 criminal proceedings for acts done by, with respect to property of 
 
 husband, 281. 
 disposition of property of husband and, to one another during mar- 
 riage, 275. 
 equity to a settlement, 271. 
 
 interest of, in personal property of husband, if intestate, 275. 
 loans by, to husband, 281. 
 necessaries of, 
 
 liability of husband for, during coverture, 275. 
 
 separation in certain cases, 275. 
 post-nuptial loans to, husband may recover, 270. 
 representation of estate of, after death, 282. 
 
 summary determination of questions between husband and, as to pro- 
 perty, 281. 
 
 WITHDRAWAL FROM POSSESSION, 81. 
 
 must take place immediately claim discharged, 81. 
 re-entry after, 82. 
 return of, 90. 
 
 WITNESS : 
 
 arrest, how far privileged from, 184. 
 
 compensation court, at, penalty on, for default, 434. 
 
 summoned, to be, 433. 
 
 summons to, form of, 433. 
 
 sworn, to be, 433. 
 habeas corpus for attendance of prisoner as, 42. 
 order to bring up prisoner as, 42. 
 M. P P
 
 578 INDEX. 
 
 WRITS. See also Execution and various Titles of Writs. 
 affecting land, must be registered, 102. 
 
 void against purchasers, &c, unless registered, 102. 
 definition of, in Sheriffs Act, 1887. .407. 
 execution of, generally, 47, 48.. 
 forms of. See Forms. 
 indorsement of, 40, 57. 
 issue of, 40. 
 
 non-execution of, procedure against sheriffs, &c, for, 49. 
 preparation of, 40. 
 returnable, when, 40. 
 return, 40. 
 
 order to, 40. 
 teste, of, 40. 
 
 several, arrest under, when original arrest illegal, 197. 
 
 legal, 197. 
 attachment, of, into different counties, 196. 
 elegit, of, into different counties, 113. 
 
 priority, how determined, 113. 
 fieri facias, of, into different counties, 52. 
 priority of execution of, 63. 
 successive, fieri facias, of, 66. 
 
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 riage of Goods by Sea. — Third Edition. By Thomas Gilbert 
 Caevee, Esq., K.C. Royal 8vo. 1900. 1/. 16*. 
 
 " A recognized authority." — Solicitors' Journal. 
 
 " Sir. Carver's work stands in the lirst rank of text-books written by living 
 authors." — Law Quarterly Review. 
 
 " The law of common carriers is nowhere better explained." — Law Times. 
 
 Macnamara's Digest of the Law of Carriers of Goods and Pas- 
 sengers by Land and Internal Navigation. — By Walter Henby 
 Macnamaba, Esq., Barrister-at-Law. Royal 8vo. 1888. 1/. 8s. 
 CHANCERY, and Vide "Equity." 
 
 Daniell's Chancery Practice.— The Practice of the Chancery Division 
 of the High Court of Justice and on appeal therefrom. Seventh 
 Edition, with references to the companion volume of Forms, and to 
 the Sixth Edition of Seton's Forms of Judgments and Orders. By 
 Cecil C. M". Dale, Charles W. Greenwood, Sydney E. Williams, 
 Esqrs., Barristers-at-Law, and Feancis A. Stringer, Esq., of the 
 Central Office. 2 vols. Royal 8vo. 1901. bl. 5s. 
 
 " An accurate and exhaustive store of the information required for con- 
 ducting proceedings in the Chancery Division."— - 
 
 " "With Daniell the practitioner is 'personally conducted,' and there are very 
 few lawyers who will not be grateful for such guidance, carried out as it is by 
 the collaboration of the most competent hands." — Law Journal. 
 
 %• All standard Law Works are kept in Stock, in law calf and other bindings. 
 
 A 2
 
 STEVENS AND SONS, LIMITED, 
 
 CHANCERY— continued. 
 
 Daniell's Forms and Precedents of Proceedings in the Chancery 
 Division of the High Court of Justice and on Appeal there- 
 from, Fifth Edition, with summaries of the Rules of the Supreme 
 Coui-t : Practical Notes ; and references to the Seventh Edition of 
 Daniell's Chancery Practice, and to the Sixth Edition of Seton's 
 Forms of Judgments and Orders. By Chaeles Bueney, Esq., a 
 Master of the Supreme Court. Royal 8 vo. 1901. 21. 10s. 
 
 •' The book is too well-established in professional favour to stand, in need of 
 commendation, but its reputation is likely to be enhanced by the present 
 edition." — Solicitors' 'Journal. 
 
 CHILDREN.— Hall's Law Relating to Children. By W. Claeke 
 Hall, Esq., Barrister-at-Law. Demy 8vo. 1894. 4*. 
 
 CHURCH LAW. —Whitehead's Church Law.— Being a Concise 
 Dictionary of Statutes, Canons, Regulations, and Decided Cases 
 affecting the Clergy and Laity. Second Edition. By Benjamin 
 Whitehead, Esq., Barrister- at- Law. Demy 8vo. 1899. 10*. 6d. 
 "A perfect mine of learning on all topics ecclesiastical." — Daily Telegraph. 
 The Statutes relating to Church and Clergy, with Preface 
 and Index. By Benjamin Whitehead, Esq., Barrister-at-Law. 
 Royal Svo. 1894. 6s. 
 
 CIVIL ENGINEERS.— Macassey and Strahan's Law relating to 
 Civil Engineers, Architects and Contractors, — With a Chapter 
 on Arbitrations. Second Edition. By L. Livingston Macassey and 
 J. A. Steahan, Esqrs., Barristers-at-Law. Deiny Svo. 1897. 12s. 6(/. 
 
 COAL. — Cockburn's Law of Coal, Coal Mining, and the Coal 
 Trade, and of the Holding, Working, and Trading with 
 Minerals generally. — By John Heney Cockbuen, Solicitor. 
 Royal Svo. 1902. U. 16s. 
 
 " A book in -which the whole law of mines and minerals is discussed fully and 
 with considerable ability." — Law Journal, June 14, 1902. 
 
 '• The work contains features not to be found in any other single book on the 
 subject, and abounds with practical hints which make it an invaluable text-bojk 
 of the law upon this particular subject." — The Sovereign, May 8, 1902. 
 
 COLLISIONS. — Marsden's Treatise on the Law of Collisions at 
 Sea. — Fourth Edition. By Reginald G. Maesden, Esq., Barrister- 
 at-Law. Demy 8vo. 1897. 1/. 8s. 
 COMMON LAW. — A. B. C. (The) Guide to the Practice of the 
 Supreme Court, 1903. — By Feancis A. Steinqee, Esq., of the 
 Central Office of the Supreme Court. Roy. 12mo. 5s. 
 Chitty's Forms. — Vide " Forms." 
 
 Elliott's Outlines of Common Law. — By Martin Elliott, Esq., 
 
 Barrister-at-Law. Demy 8vo. 1898. 10s. Qd. 
 
 Pollock and Wright's Possession in the Common Law. — 
 
 Parts I. and II. by Sir F. Pollock, Bart. , Barrister-at-Law. Part III. 
 
 by R. S. Wrioht, Esq., Barrister-at-Law. Svo. 1888. 8s. 6d. 
 
 Shirley. — Vide " Leading Cases." 
 
 Smith's Manual of Common Law. — For Practitioners and Students. 
 Comprising the Fundamental Principles, with useful Practical Rules 
 and Decisions . Eleventh Edition. By C. Spurlino, Esq., Barrister- 
 at-Law. Demy Svo. 1898. 15s. 
 COMPANY LAW.— Goirand.— Vide "French Law." 
 
 Hamilton's Manual of Company Law. By W. F. Hamilton, Esq., 
 LL.D. Lond., K.C. Second Edition. By the Author, assisted by 
 Percy Tindal-Robeetson, Esq., B.A., Barrister-at-Law. Demy 
 Svo. 1901. 1/. Is. 
 
 " A round and eminently useful manual of company law." — Solicitors' Journal. 
 "Mr. Hamilton lias resolved the Companies Acts into a number of proposi- 
 tion; which make a sort of codification of the law, the notes are very full, and 
 all cases on (lie subject seem to be cited." — Jaw Magazine. 
 
 "Everyone interested in the working of a, company will And in this new 
 edition all that is necessary from the le<val poict of view." — The Slock Exchange. 
 " It is difficult to conceive a question relating to the law affecting' cbmpanii s 
 which cannot be answered by reference to this work." — Southampton Times. 
 
 * m * All standard Law Works are kept in Stock, in law calf and other bindings.
 
 119 & 120, CHANCERY LANE, LONDON, W.C. 6 
 
 COMPANY LAW continued. 
 
 Palmer's Company Law. — A Practical Handbook for Lawyers and 
 Business Men. With an Appendix containing the Companies Acts, 
 1862 to 1900, and Rules. Fourth Edition. Bv Francis Beaufort 
 Paimeb, Esq., Barrister-at-Law. Royal 8 vo. 1902. 12s. 6d. 
 
 " Palmer's 'Company Law' is one of the most useful an 1 convenient text- 
 books on the practitioner's bookshelf." — Law Times. 
 
 " The work is ;i marvel— for clearness, fulness, and accuracy, nothing could 
 be 1" ttei ." Law A ■'■ . 
 
 " Of especial u><- to students and business men who need a clear exposition by 
 a master hand." — Law Jot 
 
 " The subject is ch alt with in a t-'t :ir and comprehensive manner, and in such 
 a way as to be intelligible not only tn lawyers but to others to whom a knowledge 
 of Company Law may he essential." — J.mr Students' Journal. 
 
 "All the principal topics of company are dealt with in a substantial m 
 the arrangement and typography are excellent, and the whole of the Statute 
 Law— an indispensable adjunct— is c illected in an appendix. Perhaps what 
 practising lawyers and business men will value most is the precious 
 quality of practicality."- I 
 
 "Popular in style, also accurate, with sufficient references to authorities to 
 make the book useful to the practitioner."— 77, < Times. 
 Palmer's Companies Act, 1900, with Explanatory Notes, and 
 Appendix containing Prescribed aiid other Forms, together with 
 Add* nda to "< lompany Precedents." Second Edition. By Fra>cci3 
 Beaufort Palmer, Esq., Barrister-at-Law. Royal 8vo. 1: 01. 7s. 6d. 
 
 "It is essentially a honk that all interested in companies or company law 
 should procure."- -Law Tin ■ t. 
 Palmer's Company Precedents. — For use in relation to Companies 
 subject to the Companies Aots. 
 
 Part I. GENERAL FORMS. Arranged as follows:— Promoters, 
 Prospectuses, Underwriting 1 , Agreements, Memoranda and Articles 
 of Association, Private Companies, Employes' Benefits, Resolutions, 
 Notices, Certificates, Powers of Attorney, Banking and Advance 
 Securities, Petitions, Writs, Pleadings, Judgments and Orders, 
 Reconstruction, Amalgamation, Special Acts. With Copious Notes 
 and an Appendix containing the Acts and Rules. Eighth Edition. 
 By Francis Beaufort Palher, Esq., Barrister-at-Law, assisted by 
 the Hon. Charles Macnaghten, K.C., and Frank Evans, Esc,., 
 Barrister-at-Law. Royal 8vo. 1902. 1^.- 16*. 
 
 " Despite Ins many competitors, Mr. Palmer 
 
 'Holds solely sovereign sway and masterdom,' 
 and he does so by rea-on of his thoroughness, his practical pood sense, and his 
 familiarity with the business as well as the legal side of his subject."— Lata 
 , , ly /,'• vit to, April, 1902. 
 
 •' Mi : . Palmer's works on Company Law are all beyond criticism. lie knows 
 more of the subject than, perhaps, any other member of the legal profession. 
 His books have for many practical purposes been treated as being, in fact, the 
 very law itself. It is a subject for congratulation of all conci rni d that this book 
 has been brought up to date, and that the import u>1 statute <■'■'< & 01 Vict. c. 18 is 
 now considered throughout the text." — Law Mag , May, 19 2. 
 
 " No company lawyer can afford to be without it." — Law Journal. 
 
 Part II. WINDING-UP FORMS AND PRACTICE. Arranged as 
 follows:— Compulsory Winding-Up, Voluntary Winding-Up.Wind- 
 ing-Up under Supervision, Arrangements and Compromises, with 
 Copious Notes, and an Appendix of Acts and Rules. Eighth Edition. 
 By Francis Beaufort Palmer, assisted bv Frank Evans, Esqrs., 
 Barristers-at-Law. Royal 8 vo. 1900. 1/. 12a. 
 
 "Palmer's 'Company Precedents' is the book par ■ for practitioners. 
 
 There is nothing we can think of which should be within the covers which we do 
 not rind."— Law Journal. 
 
 Part III. DEBENTURES AND DEBENTURE STOCK, including 
 Debentures, Trust Deeds, Stock Certificates, Resolutions, Prospectuses, 
 Writs, Pleadings, Judgments, Orders, Receiverships, Notices. Mis- 
 cellaneous. With Copious Notes. Ninth Edition. By Francis Beau- 
 fort Palmer, Esq., Barrister-at-Law. Roval 8vo. {Nearly r 
 
 21*. 
 
 "The result of much careful study Simply invaluable to debenture- 
 holders and to the lea-al advisers of such investors." /" 
 
 "Embraces practically the whole law relating to debentures and debenture 
 stock. . . . Must take front rank among the works on the subject."— iaic 1 
 
 * * All standard Law Works are kept in Stock, in law calf and other binding 8.
 
 STEVENS AND SONS, LIMITED, 
 
 COMPANY LAW- continued. 
 
 Palmer's Private Companies and Syndicates, their Formation and 
 Advantages ; being a Concise Popular Statement of the Mode of Con- 
 verting a Business into a Private Company, and of establishing and 
 working Private Companies and Syndicates for Miscellaneous Pur- 
 poses. Eighteenth Edition. By F. B. Palmes, Esq., Barrister- at- 
 Law. 12mo. 1903. Net, Is. 
 
 Palmer's Shareholders, Directors, and Voluntary Liquidators' 
 Legal Companion.— A Manual of Every-day Law and Practice for 
 Promoters, Shareholders, Directors, Secretaries, Creditors, Solicitors, 
 and Voluntary Liquidators of Companies under the Companies Acts, 
 1862 to 1900, with Appendix of useful Forms. Twenty-first Edit. 
 By F. B. Palmer, Esq., Barrister- at-Law. 12mo. 1902. Nel,2s.6d. 
 COMPENSATION.— Cripps' Treatise on the Principles of the 
 Law of Compensation, Fourth Edition. By C. A. Ceipps, Esq., 
 K.C. Royal 8vo. 1900. U. 5*. 
 
 "Mr. Cripps' book is recognized as one of the best. . . . There are few men 
 whose practical knowledge of the subject exceeds that of the learned author." — 
 Law Quarterly Review. 
 
 COMPOSITION DEEDS.— Lawrance.— Fwfc "Bankruptcy." 
 
 CONDITIONS OF SALE.— Farrer — Tide "Vendors & Purchasers." 
 Webster. — Vide "Vendors and Purchasers." 
 
 CONFLICT OF LAWS.— Campbell's Ruling Cases. Vol. V.— Vide 
 
 "Ruling Cases," p. 26. 
 
 Dicey's Digest of the Law of England with reference to the 
 
 Conflict of Laws.— By A. V. Dicey, Esq., K.C, B.C.L. With Notes 
 
 of American Cases, by Professor Mooee. Royal 8vo. 1896. 1/. 10*. 
 
 CONSTITUTION.— Anson's Law and Custom of the Constitution. 
 By Sir William R. Anson, Bart., Barrister-at-Law. Demy 8vo. 
 Part I. Parliament. Third Edition. 1897. 12*. 6d. 
 
 Part II. The Crown. Second Edition. 1896. 14*. 
 
 CONTRACT OF SALE.— Blackburn.— ride "Sales." 
 
 Moyle's Contract of Sale in the Civil Law.— By J. B. Moyle, 
 Esq., Barrister-at-Law. 8vo. 1892. 10*. 6^. 
 
 CONTRACTS.— Addison on Contracts.— A Treatise on the Law of 
 Contracts. Tenth Edition. By A. P. Peeceval Keep and William 
 E. Goedon, Esqrs., Barristers-at-Law. Royal Svo. 1903. 21. 2*. 
 
 "'Addison on Contracts' is essentially the practitioner's text-book."— Law 
 J, urnal, Jan. 17. 1903. 
 
 " Among' all the works on Contracts, there is none more useful to the practi- 
 tioner than Addison." — Law Times, Jan. 24, 1C03. 
 
 Anson's Principles of the English Law of Contract.— By Sir 
 W.R.Anson, Bart., Barrister-at-Law. Ninth Edit. 1899. 10*. 6d. 
 Fry. — ride "Specific Performance." 
 
 Leake's Law of Contracts. — Principles of the Law of Contracts. 
 By the late S. Maetin Leake. Fourth Edition. By A. E. Randall, 
 Esq., Barrister-at-Law. Royal Svo. 1902. 32*. 
 
 " In this edition the high standard attained in the former issues has been well 
 sustained, and the work carefully revised and brought well up to date."— Law 
 Times. 
 
 "A full and reliable guide to the principles of the English Law of Contract 
 .... this edition will fully maintain the reputation which the book has made 
 for itself." — Law Journal . 
 
 " Admirably suited to serve the purpose of the practitioner .... the work 
 is complete, accurate, and easy of reference." — Solicitors' Journal. 
 
 Pollock's Principles of Contract.— A Treatise on the General 
 Principles concerning the Validity of Agreements in the Law of 
 England. Seventh Edition. By Sir Feedeeick Pollock, Bart., 
 Barrister-at-Law, Author of " The Law of Torts," "Digest of the 
 Law of Partnership," &c. Demy Svo. 1902. 1/. 8*. 
 
 "A work which, in our opinion, shows great ability, a discerning intellect, a 
 comprehensive mind, and painstaking industry." — Law Journal. 
 
 %* All standard Law Works are kept in Stock, in lair calf and other bindings.
 
 119 & 120, CHANCERY LANE, LONDON, W.C. < 
 
 CONVEYANCING.— BrickdaleA Sheldon.— Vide "Land Transfer." 
 
 Dickins' Precedents of General Requisitions on Title, -with Ex- 
 planatory Notes and Observations. Second Edition. By Heebebt 
 A. Dickins, Esq., Solicitor. Royal I2mo. 1S98. 5s. 
 
 " We cannot do better than advise every lawyer with a conveyancing practice 
 to purchase the little book and place it on his shelves forthwith." — Law Notes, 
 
 Eaton and Purcell. — Vide -'Land Charges Acts." 
 
 Farrer. — Vide " Vendors and Purchasers." 
 
 Greenwood's Manual of the Practice of Conveyancing. To 
 which are added Concise Common Forms in Conveyancing. — Ninth 
 Edit. Edited by Habey Geeenwood, M.A., LL.D., Esq., Barrister - 
 at-Law. Roy. 8vo. 1897. 1^. 
 
 " We should like to see it placed by his principal in the hands of every articled 
 clerk. One of the most useful practical works we have ever seen." — Law Stu. Jo. 
 
 Hood and C hall is' Conveyancing, Sett led Land, and Trustee Acts, 
 and other recent Acts affecting Conveyancing. With Commentaries. 
 Sixth Edition. By Peecy F. "Wheelee, assisted by J. I. Stieling, 
 Esqrs., Barristers-at-Law. Royal 8 vo. 1901. 1/. 
 
 "This is the best collection of conveyancing statutes with which we are 
 acquainted. . . . The excellence of the commentaries which form part of this 
 book is so well known that it needs no recommendation from us." — Law Journal. 
 
 Jackson and Gosset's Precedents of Purchase and Mortgage 
 Deeds. — By W. Howland Jackson and Thoeold Gosset, Esqrs., 
 Barristers-at-Law. Demy Svo. 1899. 7s. Gd. 
 
 " Not the least merit of the collection is that each Precedent is complete in 
 itself, so that no dipping about and adaptation from other parts of the book are 
 necessary." — Law Journal. 
 %* This forms a companion volume to " Investigation of Title" by 
 
 the same Authors, vide p. 17. 
 Prideaux's Precedents in Conveyancing — With Dissertations on 
 its Law and Practice. 18th Edit. By John Whitcombe and 
 Benjamin Lennaed Cheeey, Esqrs., Barristers-at-Law. 2 vols. 
 Royal 8vo. 1900. 3?. 10s. 
 
 " ' Prideaux ' is the best work on Conveyancing." — Law Journal. 
 " Accurate, concise, clear, and comprehensive in scope, and we know of no 
 treatise upon Conveyancing which is so generally useful to the practitioner."— 
 Law Times. 
 
 Strachan's Practical Conveyancing, By Waltee Steachan, Esq., 
 Barrister-at-Law. Royal 12mo. 1901. 8s. Gd. 
 
 Webster, — Vide " Vendors and Purchasers." 
 
 CORONERS. — Jervis on Coroners. — The Coroners Acts, 1887 and 
 1892. With Forms and Precedents. Sixth Edition. By R. E. 
 Melsheemee, Esq., Barrister-at-Law. Post Svo. 1898. 10s. Gd. 
 
 COSTS, — Johnson's Bills of Costs in the High Court of Justice 
 and Court of Appeal, in the House of Lords and the Privy Council ; 
 with the Scales of Costs and Tables of Fees in use in the Houses of 
 Lords and Commons, relative to Private Bills ; Election Petitions, 
 Parliamentary and Municipal. Inquiries and Arbitrations under the 
 Lands Clauses Consolidation Act, the Light Railway Act and other 
 Arbitrations. Proceedings in the Court of the Railway and Canal 
 Commission, in the County Court and the Mayor's Courts. The 
 Scales of Costs and Tables of Fees in use in the Court of Passage, 
 Liverpool. Conveyancing Costs and Costs between Solicitors and 
 their Clients; with Orders and Rules as to Costs and Court P< i -, 
 and Notes and Decisions relating thereto. By Hobace Maxwell 
 Johnson, Esq., Barrister-at-Law. Second Edition. Royal Svo. 
 1901. 1/. 15s. 
 
 " It is difficult to conceive how any costs clerk or solicitor can go wrong with 
 a work of this kind to guide him." — Law Tinus. 
 
 Summerhays and Toogood's Precedents of Bills of Costs. 
 Seventh Edition. By Thoenton Toogood, Thomas Chaeles Summee- 
 hays, and C. Gilbeet Baeeee, Solicitors. Royal 8vo. 1896. 1/. 10s. 
 Webster's Parliamentary Costs.— Private Bills, Election Petitions, 
 Appeals, House of Lords. Fourth Edition. By C. Cavanagh, Esq., 
 Barrister-at-Law. Post 8vo. 1881. II. 
 
 *»* All standard Laic Works are kept in Stock, in laic calf and other bindings.
 
 STEVENS AND SONS, LIMITED, 
 
 COUNTY COURTS.— The Annual County Courts Practice, 1903. 
 By His Honour Judge Smyly, K.C. , assisted by W. J. BEOOKS,Esq., 
 Barrister-at-Law. 2 vols. Demy 8vo. 11. 5s. 
 
 "Invaluable to the County Court practitioner."— Law Journal. 
 
 COVENANTS.— Hamilton's Concise Treatise on the Law of 
 Covenants. — By G. Baldwin Hamilton, Esq., Barrister-at-Law. 
 Demy 8vo. 1888. 7s. Gd. 
 
 CRIMINAL LAW. — Archbold's Pleading, Evidence and Practice in 
 Criminal Cases. — With the Statutes, Precedents of Indictments, &c. 
 Twenty- second Edition. By William F. Ceaies and Guy Stephen- 
 son, Esqrs., Barristers- at-Law. Drmy Svo. 1900. If. lis. 6d. 
 
 " ' Archbold ' is the one indispensable book for every barrister or solicitor who 
 practises regularly in the criminal Courts." — Solicitors' Journal. 
 
 Chitty's Collection of Statutes relating to Criminal Law. — (Re- 
 printedfrom "Chitty's Statutes.") With an Introduction and Index. 
 By W. F. Ceaies, Esq., Barrister-at-Law. Royal Svo. 1894. 10*. 
 
 Disney and Gundry's Criminal Law. — A Sketch of its Principles 
 and Practice. By Henby W. Disney and Haeold Gtjndey, Esqrs., 
 Barristers-at-Law. Demy 8vo. 1S95. 7s. Gd. 
 
 Kenny's Outlines of Criminal Law. Demy Svo. 1902. 10*. 
 
 Kenny's Selection of Cases Illustrative of English Criminal 
 Law.— Demy Svo. 1901. 12s. Gd. 
 
 Kershaw's Brief Aids to Criminal Law. — With Notes on the Pro- 
 cedure and Evidence. By Hilton Keeshaw, Esq., Barrister-at- 
 Law. Eoyal 12mo. 1897. 3s. 
 
 Roscoe's Digest of the Law of Evidence in Criminal Cases. — 
 Twelfth Edition. By A. P. Peeceval Keep, Esq., Barrister-at- 
 Law. Demy Svo. 1898. 11. Us. Gd. 
 "To the criminal lawyer it is his guide, philosopher and friend. "What 
 Boscoe says most judges will accept without question." — Law Times. 
 
 Russell's Treatise on Crimes and Misdemeanors.— Sixth Edit. 
 By Hoeace Smith, Esq., Metropolitan Police Magistrate, and A. P. 
 Peeceval Keep, Esq. 3 vols. Roy. 8vo. 1896. bf. 15s. Gd. 
 
 " No library can be said to be complete without Eussell on Crimes." — Law Times. 
 
 " Indispensable in every Court of criminal justice." — The Times. 
 
 Shirley's Sketch of the Criminal Law.— Second Edition. ByCHABLES 
 Stephen Huntee, Esq., Barrister-at-Law. Demy Svo. 1889. 7s. Gd. 
 
 War burton. — Vide " Leading Cases." 
 
 DEATH DUTIES. — Freeth's Acts relating to the Estate Duty and 
 other Death Duties, with an Appendix containing the Rules 
 Regulating Proceedings in England, Scotland and Ireland in Appeals 
 under the Acts and a List of the Estate Duty Forms, with copies of 
 some which are only issued on Special Application. Third Edition. 
 By Evelyn Feeeth, Esq., Registrar of Estate Duties for Ireland, 
 formerly Deputy -Controller of Legacy and Succession Duties. 
 Demy Svo. 1901. 12s. Gd. 
 
 " The official position of the Author renders his opinion on questions of proce- 
 dure of great value, and we think that this book will be found very useful to 
 solicitors who have to prepare accounts for duty." — Solicitors' Journal. 
 
 Harman's Finance Act, 1894, and the Acts amending the same 
 so far as they relate to the Death Duties, and more espe- 
 cially to Estate Duty and Settlement Estate Duty. With an 
 Introduction and Notes, and an Appendix. By J. E. Haeman, Esq., 
 Barrister-at-Law. Second Edition. Roy. 12mo. 1903. 0s. 
 
 DECISIONS OF SIR GEORGE JESSEL— Peter's Analysis and 
 Digest of the Decisions of Sir George Jessel ; with Notes, &c. 
 By Apsley Petee Petee, Solicitor. Demy 8vo. 1883. 16s. 
 
 %* Aff standard Law Works are kept in Stock, in law calf and other bindings.
 
 119 & 120, CHANCERY LANE, LONDON, W.C. 9 
 
 DEBENTURES AND DEBENTURE STOCK.— Palmer's Com- 
 pany Precedents. — For use in relation to Companies subject to 
 the Companies Acts. 
 
 Part III. DEBENTURES AND DEBENTURE STOCK, including 
 Debentures, Trust Deeds,Stock Certificates, Resolutions, Prospectuses, 
 Writs, Pleadings, Judgments, Orders, Receiverships, Notices, Miscel- 
 laneous. With Copious Notes. Ninth Edition. By Francis Beaufort 
 Palmer, Esq., Barrister-at-Law. Royal 8vo. {Nearly ready.) 21s. 
 
 " The result of much careful study Simply invaluable to debenture- 
 holders and to the legal advisers of such investors." — Financial Hi w$. 
 
 " Embraces practically the whole law relating to debentures and debenture 
 stock Must take front rank among the works on the subject." — Law Times. 
 
 DIARY.— Lawyers' Companion (The) and Diary, and London and 
 Provincial Law Directory for 1903. — For the use of the Legal 
 Profession, Public Companies, Justices, Merchants, Estate Agents, 
 Auctioneers, &c, &c. Edited by Edwin Layman, Esq., Barrister-at- 
 Law ; and contains Tables of Costs in the High Court of Judicature 
 and County Court, &c. ; Monthly Diary of County, Local Government, 
 and Parish Business ; Oaths in Supreme Court ; Summary of Sta- 
 tutes of 1902 ; Alphabetical Index to the Practical Statutes since 1820 ; 
 Schedule of Stamp Duties ; Legal Time, Interest, Discount, Income, 
 Wages and other Tables ; the New Death Duties ; and a variety of 
 matters of practical utility : together with a complete List of the English 
 Bar, and Lendon and Country Solicitors, with date of admission and 
 appointments. Published .Annually. Fifty-seventh Issue. 1903. 
 Issued in the following forms, octavo size, strongly bound in cloth : — 
 
 1. Two days on a page, plain ....... bs.Od. 
 
 2. The above, interleaved with plain paper . . . .70 
 
 3. Two days on a page, ruled, with or without money columns . 5 6 
 
 4. The above, with money columns, interleaved with plain paper 8 
 
 5. Whole page for each day, plain . . . . . .76 
 
 6. The above, interleaved with plain paper . . . .96 
 
 7. Whole page for each day, ruled, with or without money columns 8 6 
 
 8. The above, interleaved with plain paper . . . 10 6 
 
 9. Three days on a page, ruled blue lines, without money columns . 3 6 
 The Diary contains memoranda of Legal Business throughout the Year, with 
 
 an Index for ready reference. 
 
 " The legal Whitaker." — Saturday Review. 
 
 " The amount of information packed within the covers of this well-known 
 book of reference is almost incredible. In addition to the Diary, it contains 
 nearly 800 pages of closely printed matter, none of which could be omitted without, 
 perhaps, detracting from the usefulness of the book. The publishers seem to 
 have made it their aim to include in the Companion every item of information 
 which the most exacting lawyer could reasonably expect to find in its pages, and it 
 may safely be said that no practising solicitor, who has experienced the luxury of 
 having it at his elbow, will ever be likely to try to do without it."— Law Journal. 
 
 DICTIONARY.— The Pocket Law Lexicon,— Explaining Technical 
 Words, Phrases and Maxims of the English, Scotch and Roman Law, 
 to which is added a complete List of Law Reports, with their Abbre- 
 viations. Third Edit. By Henry G. Rawson and James F. Remnant, 
 Esqrs., Barristers-at-Law. Fcap. 8vo. 1893. 6*. 6d. 
 
 " A wonderful little legal Dictionary." — Indermaur's Law Students' Journal. 
 Wharton's Law Lexicon. — Forming an Epitome of the Law of Eng- 
 land, and containing full Explanations of Technical Terms and 
 Phrases, both Ancient and Modern, and Commercial, with selected 
 Titles from the Civil, Scots and Indian Law. Tenth Edition. 
 With a New Treatment of the Maxims. By J. M. Lely, Esq., 
 Barrister -at -Law. Super-royal 8vo. 1902. 11. 18s. 
 
 "An encyclopaedia of the law." 
 
 " One of the first books which every articled clerk and bar student should pro- 
 cure." — Law Students' Journal. 
 
 "The new edition seems to us to be very complete and perfect, and a copy 
 of it should be procured by ever} - practising solicitor without delay. A better 
 value for his money in the law book market a practitioner could not, we are sure, 
 get. Of the many book awe In veto refer to in our work no volume is. we believe, 
 more often taken" down from the shelf than ' Wharton.' " — Law Xatts, June, 1902. 
 
 * 9 * All standard Law Works are kept in Stock, in law cxlf and other bindings. 
 
 a
 
 10 STEVENS AND SONS, LIMITED, 
 
 DIGESTS. 
 MEWS' DIGEST OF ENGLISH CASE LAW.— Containing the "Reported 
 Decisions of the Superior Courts, and a Selection from those of the 
 Irish Courts, to the end of 1897. (Being a New Edition of ' ' Fisher's 
 Common Law Digest and Chitty's Equity Index.") Under the general 
 Editorship of John Mews, assisted by W. F. Baeby, E. E. H. Biech, 
 A. H. Bittleston, B. A. Cohen, W. I. Cook, E. W. Hansell, J. S. 
 Hendebsox, A. Laweence, J. M. Lely, R. C. Mackenzie, 
 E. Manson, R. Or. Maesden, H. J. Newbolt, A. E. Randall, 
 J. Ritchie, J. Smith, J. F. Waley, T. H. Walkee, and W. A. G-. 
 Woods, Esqrs., Barristers-at-Law. In 16 vols. Royal 8vo. £20 
 {Bound in half calf , gilt top, £3 net extra.) 
 
 " A vast undertaking. . . . "We have tested several parts of the work, with the 
 result of confirming our impression as to the accuracy of a work which is indis- 
 pensable to lawyers." — The Times. 
 
 *^* Cases overruled, approved, questioned, &c, have been omitted 
 from this Digest, but a Digest of Cases overruled, approved, or 
 otherwise specially considered, brought down to the end of 1902, by 
 W. A. G. Woods and J. Ritchie, Esqrs., Barristers -at -Law (being a 
 New Edition of Dale and Lehmann). (In the press.) 
 
 The Annual Digest for 1898, 1899, 1900, 1901 and 1902. By 
 John Mews, Esq., Barrister -at -Law. Royal 8vo. each 15s. 
 
 * # * This Digest is also issued quarterly, each part being cumulative. 
 Price to Subscribers, for the four parts payable in advance, net 17*. 
 " The practice of the law without Mews' Annual would be almost an impos- 
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 Mews' Digest of Cases relating to Criminal Law down to the 
 end of 1897. — By John Mews, Esq., Barrister-at-Law. Royal 
 8vo. 1898. 1/. 5s. 
 
 Law Journal Quinquennial Digest, 1896-1900. — An Analytical 
 Digest of Cases Published in the Law Journal Reports, and the Law 
 Reports, during the years 1896-1900, with references to the Statutes 
 passed during the same period. By James S. Hendeeson, Esq., 
 Barrister-at-Law. 1901. II. 10s. 
 
 Talbot and Fort's Index of Cases Judicially noticed (1865 — 
 1 890) ; being a List of all Cases cited in Judgments reported from 
 Michaelmas Term, 1865 to the end of 1890, with the places where 
 they are so cited. — By Geoege John Talbot and Hugh Fobt, Esqrs., 
 Barristers-at-Law. Royal 8vo. 1891. II. 5s. 
 
 Woods and Ritchie's Digest of Cases, Overruled, Approved, or 
 otherwise specially considered in the English Courts to the 
 end of 1902 : with Extracts from the Judgments dealing with the 
 same. By W. A. G. Woods and J. Ritchie, Esqrs., Barristers-at- 
 Law. — Being a New Edition of " Dale and Lehmann' s Digest." 
 
 (In the press.) 
 
 DISCOVERY.— Sichel and Chance's Discovery.— The Law relating 
 to Interrogatories, Production, Inspection of Documents, and Dis- 
 covery. By Waltee S. Sichel and William Chance, Esqrs., 
 Barristers-at-Law. Demy 8vo. 1883. 12s. 
 
 DISTRESS.— Oldham and Foster on the Law of Distress.— A 
 
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 of Statutes, &c. Second Edition. By Aethtte Oldham and A. La 
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 DISTRICT COUNCILS.— Chambers' Digest of the Law relating 
 to District Councils, so far as regards the Constitution, Powers 
 and Duties of such Councils (including Municipal Corporations) in 
 the matter of Public Health and Local Government. Ninth Edition. 
 — By Geoege F. Chambees, Esq., Barrister-at-Law. Royal 8vo. 
 1895. 10s. 
 
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 DIVORCE.— Browne and Powles' Law and Practice in Divorce 
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 " The practitioner's standard work on divorce practice." — Law Quar. Rev. 
 Kelly's French Law. — Vide "Marriage." 
 
 DOGS.— Lupton's Law relating to Dogs.— By Fbedebick Lttfion, 
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 DOMESDAY BOOK AND BEYON D.— Three Essays in the Early 
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 EASEMENTS.— Campbell's Ruling Cases. Vol. X. Net, 25*. 
 
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 ECCLESIASTICAL LAW.— Phillimore's Ecclesiastical Law of the 
 Church of England. By the late Sir Robeet PHrLLMOBE, Bart., 
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 PniLLniOEE, Bart., D.C.L., assisted by C. F. Jeiemett, B.C.L., 
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 ' ' The task of re-editing Phillimore's ' Ecclesiastical Law ' was not an easy one. 
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 could be spared, and has added to it ever > thing that the ecclesiastical lawyer 
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 Whitehead's Church Law. — Being a Concise Dictionary of Statutes, 
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 Laity. Second Edition. By Benjamin AVniTEHEAD, Esq. , Barrister- 
 at-Law. Demy 8vo. 1899. 10*. 6d. 
 
 " A perfect mine of learning on all topics ecclesiastical." — Dally Telegraph. 
 
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 ELECTIONS.— Day's Election Cases in 1892 and 1893.— Being a 
 Collection of the Points of Law and Practice, together with Reports 
 of the Judgments. By S. H. Day, Esq., Barrister-at-Law, Editor 
 of "Rogers on Elections." Royal 12mo. 1894. Is.Qd. 
 
 Hedderwick's Parliamentary Election Manual : A Practical 
 Handbook on the Law and Conduct of Parliamentary Elections 
 in Great Britain and Ireland, designed for the Instruction and 
 Guidance of Candidates, Agents, Canvassers, Volunteer Assistants, 
 &c. Second Edition. By T. C. H. Heddebwick, Esq., Barrister-at- 
 Law. Demy 12mo. 1900. 10*. 6d. 
 
 " The work is pre-eminently practical, concise and clear." — Solicitors' Journal. 
 " One of the best books of the kind that we are acquainted with." — Law Journal. 
 
 Hunt's Metropolitan Borough Councils Elections: A Guide to 
 
 the Election of the Mayor, Aldermen, and Councillors of Metropolitan 
 
 Boroughs. By John Hunt, Esq., Barrister-at-Law. Demy 8vo. 
 
 1900. 3.'. 6d. 
 
 %* All standard Law Works are kept in Stock, in law calf and other bindings. 
 
 b2
 
 12 STEVENS AND SONS, LIMITED, 
 
 E LECT I O N S— continued. 
 Rogers' Law and Practice of Elections. — 
 
 Vol. I. Registration, including the Practice in Registration 
 Appeals; Parliamentary, Municipal, and Local Government; with 
 Appendices of Statutes, Orders in Council, and Forms. Sixteenth 
 Edition ; with Addenda of Statutes to 1900. By Maurice Powell, 
 Esq., Barrister-at-Law. Royal 12mo. 1897. 11. Is. 
 
 " The practitioner will find ■within these covers everything which he can be 
 expected to know, well arranged and carefully stated." — Law Times. 
 
 Vol. II. Parliamentary Elections and Petitions ; with Appen- 
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 " The acknowledged authority on election law." — Laiv Journal. 
 
 "The leading book on the difficult subjects of elections and election peti- 
 tions." — Laiv Times. 
 
 " We have nothing but praise for this work as a trustworthy guide for candi- 
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 Vol. III. Municipal and other Elections and Petitions, with 
 Appendices of Statutes, Rules, and Forms. Seventeenth Edit. By 
 Samuel H. Day, Esq., Barrister-at-Law. Royal 12mo. 1894. II. 1*. 
 EMPLOYERS' LI ABi LITY.— Mozley-Stark.— Vide " Arbitration." 
 Robinson's Employers' Liability. By Aethttr Robinson, Esq., 
 Barrister-at-Law. Second Edition. Including Precedents of 
 Schemes of Compensation, certified by the Registrar of Friendly 
 Societies. By the Author and J. D. Stuart Sim, Esq., Barrister- 
 at-Law, Assistant Registrar of Friendly Societies. Royal 12mo. 
 1898. 7s. 6d. 
 
 ENGLISH LAW.— Pollock and Maitland's History of English Law 
 before the time of Edward I. — By Sir Frederick Pollock, Bart., 
 and Fred. W. Maitland, Esq., Barristers-at-Law. Second Edition. 
 2 vols. roy. 8vo. 1898. 21. 
 
 EQUITY, and Ft* CHANCERY. 
 Seton's Forms of Judgments and Orders in the High Court of 
 Justice and in the Court of Appeal, having especial reference to 
 the Chancery Division, with Practical Notes. Sixth Edition, with 
 references to the Seventh Edition of Daniell's Chancery Practice, and 
 the Fifth Edition of Daniell's Chancery Forms. By Cecil C. M. 
 Dale, Esq., Bairister-at-Law, W. Tindal King, Esq., a Regis- 
 trar of the Supreme Court, and W. 0. Goldschmidt, Esq., of the 
 Registrars' Office. In 3 vols. Royal 8vo. 1901. 6/. 6s. 
 
 "A monument of learned and laborious accuracy." — Low Quarterly Review. 
 
 "The new eilition of 'Seton' is from every point of view, indeed, a most 
 valuable and indispensable work, and well worthy of the book's high reputation." 
 - — Law Journal. 
 
 Smith's Manual of Equity Jurisprudence. — A Manual of Equity 
 Jurisprudence for Practitioners and Students, founded on the Works 
 of Story and other writers, comprising the Fundamental Principles 
 and the points of Equity usually occurring in General Practice. 
 Fifteenth Edition. By Sydney E. Williams, Esq., Barrister-at- 
 Law. 12mo. 1900. 12s. 6d. 
 " We can safely recommend ' Smith's Equity ' in its new clothes to the atten- 
 tion of students reading for their Examinations." — Law Notes. 
 
 Smith's Practical Exposition of the Principles of Equity, illus- 
 trated by the Leading Decisions thereon. For the use of Students 
 and Practitioners. Third Edition. By H. Arthur Smith, M.A., 
 LL.B., Esq., Barrister-at-Law. Demy 8vo. 1902. 21s. 
 
 "This well-known text-book maintains its high reputation. . . . This third 
 edition has been brought up to date in a way wlnVh should also make it useful to 
 practitioners in search of the latest authorities on any given point. . . . The 
 additional cases referred to in the text and notes amount to many hundreds." — 
 Law Journal, Dec. 6, 1902. 
 
 Williams' Outlines of Equity. — A Concise View of the Principles of 
 
 Modern Equity. By Sydney E. Williams, Esq., Barrister-at-Law. 
 
 Author of "The Law relating to Legal Representatives," &c. 
 
 Royal 12mo. 1900. 5s. 
 
 " The accuracy it combines with conciseness is remarkable."— Law Magazine. 
 
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 ESTATE DUTIES.— Freetb.— Vide " Death Duties." 
 
 ESTOPPEL, — Everest and Strode's Law of Estoppel. By Lancelot 
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 Demy 8vo. 1884. 18s. 
 
 Ewart's Exposition of the Principles of Estoppel by Misrepre- 
 sentation. — By John S. Ewaet, Esq., K.C. of the Canadian Bar. 
 Demy 8vo. 1900. II. 5s. 
 
 EVI DENCE. — Wills' Theory and Practice of the Law of Evidence. — 
 By Wm. Wills, Esq., Barrister-at-Law. Demy 8vo. 1894. 10s. 6d. 
 
 "It contains a large amount of valuable information, very tersely and 
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 "We consider that Mr. "Wills has given the profession a useful book on a 
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 EVIDENCE ON COM MISSION.— Hume-Williams and Macklin's 
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 Law. Demy 8vo. 1903. 12s. 6d. 
 
 " We have tested it carefully, and have no hesitation in commending it to the 
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 foreign advocates, in English, French, and German, and a good index." — Law 
 Times. 
 
 EXAMINATION GUIDES.— Bar Examination Guide. By H. D. 
 Woodcock, and R. C. Maxwell, Esqrs., Barristers-at-Law. 
 
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 Barham's Students' Text-Book of Roman Law. By C. Nicolas 
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 EXECUTIONS. — Edwards' Law of Execution upon Judgments 
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 EXECUTORS. — Goffin's Testamentary Executor in England and 
 Elsewhere. By R. J. R. Goffix, Esq., Barrister-at-Law. Demy 
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 Macaskie'sTreatise on the Law of Executors and Administrators. 
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 By the Right Hon. Sir Roland Vaughan Williams, a Lord Justice 
 of Appeal. 2 vols. Roy. Svo. 1893. 3/. 16s. 
 
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 Williams' Law relating to Legal Representatives, — Real and 
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 "An excellent law book, excellently got up, and though it deals with a subject 
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 * m * All standard Law Works are kept in Slock, in laic calf and other bindings.
 
 14 STEVENS AND SONS, LIMITED, 
 
 FACTORIES AND WORKSHOPS.— Ruegg and Mossop's Law 
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 and L. Mossop, Esq., Barrister- at- Law. Demy 8vo. 1902. 12s. Qd. 
 " We 'welcome this book, for it is, in our opinion, one of the best treatises on 
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 "Prepared with an evident intention of saying all there is to be said on the 
 legal aspect of the subject. . . . Destined to take its place as the book on 
 the Acts." — Saturday Review, May 3, 1902. 
 
 FARM, LAW OF. — Dixon's Law of the Farm: including the Cases 
 
 and Statutes relating to the subject ; and the Agricultural Customs 
 
 of England and Wales. Fifth Edition. By Aubeey J. Spenceb, Esq., 
 
 Barrister-at-Law. Demy 8vo. 1892. II. 6s. 
 
 " A complete modern compendium on agricultural matters." — Law Times. 
 
 FIXTURES. — Amos and Ferard on the Law of Fixtures and other 
 Property partaking both of a Real and Personal Nature. Third 
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 risters-at-Law. Demy 8vo. 1883. 18s. 
 
 FORMS. — Chitty's Forms of Civil Proceedings in the King's Bench 
 Division of the High Court of Justice, and on Appeal therefrom 
 to the Court of Appeal and the House of Lords. — Thirteenth 
 Edition. By T. W. Chitty, Esq., a Master of the Supreme Court, 
 Heebeet Chitty, Esq., Barrister-at-Law, and P. E. Vizaed, Esq., 
 of the Central Office. Royal 8vo. 1902. 11. 16s. 
 
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 "The forms are practically exhaustive, and the notes very good, so that this 
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 " The standard work on Chancery Procedure." — Law Quarterly Review. 
 
 Seton. — Vide " Equity." 
 
 FRENCH LAW. — Cachard's French Civil Code. — By Heney 
 
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 Licencie en Droit de la Faculte de Paris. Demy Svo. 1895. 11. 
 
 Goirand's Treatise upon French Commercial Law and the 
 
 Practice of all the Courts. — With a Dictionary of French Judicial 
 
 Terms. Second Edition. By Leopold Goieand, Licencie en droit. 
 
 Demy 8vo. 1898. 11. 
 
 Goirand's Treatise upon the French Law relating to English 
 
 Companies carrying on Business in France. — By Leopold 
 
 Goieand, French Solicitor. Crown Svo. 1902. Net, 2s. Qd, 
 
 Sewell's Outline of French Law as affecting British Subjects. — 
 
 By J. T. B. Sewell, LL.D., Solicitor. Demy Svo. 1897. 10s. Qd. 
 
 GAMBIA.— Ordinances of the Colony of the Gambia. With Index. 
 2 Vols. Folio. 1900. Net, 3Z. 
 
 GAME LAWS. — Warry's Game Laws of England. With an 
 Appendix of the Statutes relating to Game. By G. Tayloe Wabey, 
 Esq., Barrister-at-Law. Royal 12ino. 1896. 10s. 6d. 
 
 GOODWILL.— Allan's Law relating to Goodwill.— By Chaeles E. 
 Allan.M.A. ,LL.B., Esq., Barrister-at-Law. Demy8vo. 1889. 7s. Qd. 
 Sebastian, — Vide "Trade Marks." 
 
 HIGHWAYS. — Chambers' Law relating to Highways and Bridges. 
 
 By Geoege F. Chambees, Esq., Barrister-at-Law. 1878. 7s. Qd. 
 
 HOUSE TAX.— Ellis' Guide to the House Tax Acts, for the use of 
 
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 " Accurate, complete and very clearly expressed." — Solicitors' Journal. 
 
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 HUSBAND AND WIFE.— Lush's Law of Husband and Wife, 
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 Edition. By the Author and W. II. Griffith, Esq., Barrister-at- 
 Law. Demy 8vo. 1896. 1/. 5s. 
 
 "To the practising lawyer the work will be of the utmost importance."— Law Times. 
 
 " This book will certainly be consulted when difficulties arise relative to the position 
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 INCOME TAX.— Ellis' Guide to the Income Tax Acts,— For the use 
 of the English Income Tax Payer. Third Edition. By Arthur 
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 Ireland. — By Arthur Robinson, Esq., Barrister-at-Law. Royal 
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 "The standard work on a complicated and difficult subject." — Law Journal. 
 
 INDIA. — llbert's Government of India. — Being a Digest of the Statute 
 Law relating thereto, with Historical Introduction and Illustrative Do- 
 cuments. By Sir Courtenay Ilbert, K. C.S.I. DemySvo. 1898. II. Is. 
 
 INLAND REVENUE. — Highmore's Summary Proceedings 
 in Inland Revenue Cases in England and Wales. Including 
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 by Collector's Warrants for Recovery of Duties of Excise and Taxes. 
 Third Edition. By N. J. Highmore, Esq., Barrister-at-Law, 
 Assistant Solicitor of Inland Revenue. Roy. 12mo. 1901. 7s. Gd. 
 Highmore's Inland Revenue Regulation Act, 1890. as amended 
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 Act, 1896, with other Acts ; with Notes, Table of Cases, &c. By 
 Nathaniel J. Highmore, Esq., Barrister-at-Law, Assistant Solicitor 
 of Inland Revenue. Demy 8vo. 1896. 7s. Gd. 
 
 INSURANCE.— Arnou Id on the Law of Marine Insurance.— Seventh 
 Edition. By Edward Louis de Hart and Ralph Iliff Simey, 
 Esqrs., Barristers-at-Law. 2 vols. Royal 8 vo. 1901. 3/. 3s. 
 
 " The authors have availed themselves of the advice and assistance of men of 
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 best be described by ;he one word ' excellent.' " — Law J' 
 Campbell's Ruling Cases. Vols. XIII. and XIV.— Vide "Ruling 
 
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 Tyser's Law relating to Losses under a Policy of Marine Insur- 
 ance. — By Charles Robert Tyser, Esq., Barrister-at-Law. Demy 
 8vo. 1894. 10s. 6d. 
 
 " A clear, correct, full, and vet concise statement of the law." — Law Times. 
 
 INTERNATIONAL LAW.— Baker's First Steps in International 
 
 Law, By Sir Sherston Baker, Bart., Barrister-at-Law. Demy 8vo. 
 
 1899. 12s. 
 
 Dicey. — Vide " Conflict of Laws." 
 
 Hall's International Law.— Fourth Edit. DemySvo. 1895. ll.2s.6d. 
 Hall's Treatise on the Foreign Powers and Jurisdiction of the 
 
 British Crown. By "W. E. Hall, Esq., Barrister-at-Law. Demy 
 
 8vo. 1894. 10s. 6d. 
 
 Holland's Studies in International Law.— By Thomas Ekskixe 
 
 Holland, D.C.L., Barrister-at-Law. Demy 8vo. 1898. 10s. Gd. 
 Kent's Commentary on International Law.— Edited by J. T. Abdt, 
 
 LL.D. Second Edition. Crown 8vo. 1878. 10s. Gd. 
 
 Nelson's Private International Law. — By Horace Nelson, Esq., 
 
 Barrister-at-Law. Roy. 8vo. 1889. U. Is. 
 
 Rattigan's Private International Law. — By Sir "William: Henry 
 
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 Punjab. Demy Svo. 1895. 10s. Gd. 
 
 " Written with admirable clearness." — Law Journal. 
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 16 STEVENS AND SONS, LIMITED, 
 
 INTER NAT I O N A L LAW— continued. 
 
 Walker's History of the Law of Nations. — Vol. I., from the Earliest 
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 LL.D., Esq., Barrister-at-Law. Demy 8vo. 1899. Net 10s. 
 
 Westlake's International Law. — Chapters on the Principles of Inter- 
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 Wheaton's Elements of International Law; Third English Edition. 
 Edited with Llotes and Appendix of Statutes and Treaties. By 
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 " Wheaton stands too high for criticism." — Law Times. 
 
 INTERPLEADER. — Maclennan's Law of Interpleader, as admin- 
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 Courts. With an Appendix of Statutes. By Roderick James Mac- 
 lennan, Esq., Barrister-at-Law, Toronto. Demy 8vo. 1901. 1?. 5s. 
 
 INVESTIGATION OF. TITLE.— Jackson and Gosset's Investiga- 
 tion of Title. — Being a Practical Treatise and Alphabetical Digest 
 of the Law connected with the Title to Land, with Precedents of 
 Requisitions. . Second Edition. By W. Howland Jackson and 
 Thorold Cosset, Barristers-at-Law. Demy Svo. 1899. 12s. 6d. 
 " The new edition contains the following- additional subjects— namely, boun- 
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 "Will be of real help to the busy conveyancer." — Law Notes. 
 %* See "Conveyancing," p. 6, for companion volume, "Precedents 
 
 of Purchase and Mortgage Deeds," by the same Authors. 
 
 JUDGMENTS AND ORDERS.— Seton.— Jute " Equity." 
 
 JURISPRUDENCE.— Holland's Elements of Jurisprudence.— 
 
 Ninth Edition. By T. E. Holland, K.C., D.C.L. 8vo. 1900. 10s. 6d. 
 
 Markby's Elements of Law. By Sir William Markby, D.C.L. 
 
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 JURY LAWS. — Huband's Practical Treatise on the Law relating 
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 "An excellent magisterial guide." — Law Journal. 
 
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 LAND CHARGES ACTS.— Eaton and Purcell's Land Charges 
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 LAND LAW.— Jenks' Modern Land Law. By Edward Jenks, Esq., 
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 LEGAL INTERPRETATION,— Beal's Cardinal Rules of Legal 
 
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 MAGISTRATES' PRACTICE and MAGISTERIAL LAW.— Fide 
 
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 MARINE INSURANCE.— Vide "Insurance." 
 
 MARITIME DECISIONS.— Douglas' Maritime Law Decisions.— 
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 MARRIAGE, — Kelly's French Law of Marriage, Marriage Con- 
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 MARRIED WOMEN'S PROPERTY.— Lush's Married Women's 
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 " The Law of Husband and Wife." Royal 12mo. 1887. os. 
 
 MASTER AND SERVANT.— Macdonell's Law of Master and 
 Servant. Second Edition. By JohnMacdonell, Esq., LL.D., M.A., 
 C.B., a Master of the Supreme Court, and Edward A. Mitchell 
 Ixnes, Esq., Barrister-at-Law. (In preparation.) 
 
 MEDICAL PARTNERSHIPS. -Barnard and Stocker's Medical 
 Partnerships, Transfers, and Assistantships. — By William 
 Barnard, Esq., Barrister-at-Law, and G. Bertram Stocxer, Esq., 
 Managing Director of the Scholastic, Clerical and Medical Associa- 
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 MERCANTILE LAW. — Smith's Compendium of Mercantile Law. 
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 Barrister-at-Law. 2 vols. Royal 8vo. 1890. 21. 2s. 
 
 " Of the greatest value to the mercantile lawyer." — Law Times. 
 
 " One of the most scientific treatises extant on mercantile law." — Sol. Jl. 
 
 Tudor's Selection of Leading Cases on Mercantile and Maritime 
 Law. — With Notes. By 0. D. Tudoe, Esq., Barrister-at-Law. 
 Third Edition. Royal 8vo. 1884. 21. 2s. 
 
 Wilson's Mercantile Handbook of the Liabilities of Merchant, 
 Shipowner, and Underwriter on Shipments by General Ves- 
 sels. — By A. Wilson, Solicitor and Notary. Royal 12mo. 1883. 6s. 
 
 MERCHANDISE MARKS ACT.— Payn's Merchandise Marks 
 Act,! 887— ByH.PAYN, Barrister-at-Law. Royall2mo. 1888. 3s. 6d. 
 " A safe guide to all who are interested in the Act." — Law Times. 
 
 METROPOLIS BUILDING ACTS.-Craies' London Building Act, 
 1894; with Introduction, Notes, and Index, and a Table showing 
 how the Former Enactments relating to Buildings have been dealt 
 with. — By W.F.Ceaies, Esq., Barrister-at-Law. Royal8vo. 1894. 5s. 
 
 MINES AND MINING.— Cockburn.— HTfe "Coal." 
 
 MORALS AND LEGISLATION.— Bentham's Introduction to the 
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 M.A., Bencher of Lincoln's Inn. Crown 8vo. 1879. 6s. 6d. 
 
 MORTGAGE. — Beddoes' Concise Treatise on the Law of Mort- 
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 " We can cordially recommend this work to a practitioner who likes to have 
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 Maw, Esqrs., Barristers-at-Law. Founded on " Coote's Law of 
 Mortgage." 2 vols. Royal 8vo. 1897. 3/. 
 
 " It is not a patched-up edition of an old work ; it is a new book, containing 
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 " The practising lawyer will find in detail everything that he can possibly 
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 " A complete treatise on the law of mortgages." — Law Quarterly Review. 
 
 MOTOR CARS.— Bonner's Law of Motor Cars, Hackney and other 
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 MUNICIPAL CORPORATIONS.— Bazalgette and Humphreys.— 
 
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 NAVY. — Manual of Naval Law and Court Martial Procedure; 
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 with the Naval Discipline Act and an Appendix of Practical 
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 Giffobd, Esq., C.B., Fleet Paymaster, Royal Navy, and F. 
 Haeeison Smith, Esq., Staff Paymaster, Royal Navy. Demy 8vo. 
 1901. 15s. 
 
 " Well written, excellently arranged, and fully comprehensive."— Law Journal. 
 
 " Well up to date .... May be thoroughly relied upon." — Law Times. 
 
 NEGLIGENCE. — Smith's Treatise on the Law of Negligence. 
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 NISI PRIUS.— Roscoe's Digest of the Law of Evidence on the 
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 " Continues to be a vast and closely packed storehouse of information on 
 practice at Nisi Prius." — Law Journal. 
 
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 NOTARY.— Brooke's Treatise on the Office and Practice of a 
 Notary of England. — With a full collection of Precedents. Sixth 
 Edition. By James Ceanstoun, Esq., Barrister-at-Law. Demy 8vo. 
 1901. U. 5s. 
 
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 exerution of a very thorough piece of work." — Law Journal. 
 
 OATHS.— Stringer's Oaths and Affirmations in Great Britain and 
 Ireland; being a Collection of Statutes, Cases, and Forms, with 
 Notes and Practical Directions for the use of Commissioners for Oaths, 
 and of all Courts of Civil Procedure and Offices attached thereto. By 
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 ORANGE RIVER.— The Statute Law of the Orange River Colony. 
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 OTTOMAN CIVIL LAW.— Grigsby's Medjelle, or Ottoman Civil 
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 PARISH LAW. — Humphreys' Parish Councils.— The Law relating 
 
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 a Copious Index. Second Edition. By Geoeqe Humphreys, Esq., 
 
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 " A most useful book of reference on all matters connected with the parish, 
 
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 PARTNERSHIP.— Pollock's Digest of the Law of Partnership. 
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 PATENTS.— Campbell's Ruling Cases, Vol. XX.— Vide "Ruling 
 Cases," p. 26. 
 Edmunds on Patents. — The Law and Practice of Letters Patent for 
 Inventions. By Lewis Edmunds, Esq., K.C. Second Edition. By 
 T.M. Stevens, Esq., Barrister-at-Law. Roy. 8vo. 1897. 1/. 12s. 
 " We have nothing but commendation for the book." — Solicitors' Journal. 
 " It would be difficult to make it more complete." — Law Times. 
 
 Edmunds' Patents, Designs and Trade Marks Acts, 1883 to 
 1888, Consolidated with an Index. Second Edition. By Lewis 
 Edmunds, Esq., K.C, D.Sc, LL.B. Imp. 8vo. 1895. Net 2s. 6d. 
 
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 " Must take a unique place in our legal literature."— Law Times. 
 
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 PAT E NTS — continued. 
 
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 son, Esq., Barrister-at-Law ; and J. Heney Johnson, Solicitor and 
 Patent Agent. Demy 8vo. 1890. 10s. 6d. 
 
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 in Conveyancing in relation to Letters Patent for Inventions. 
 "With Dissertations and Copious Notes on the Law and Practice. By 
 Robert Morris, Esq., Barrister-at-Law. Royal 8 vo. 1887. II. 5*. 
 
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 Wm. P. Thompson. Twelfth Edition. 12mo. 1902. Net, 2s. 6d. 
 
 Thompson's Handbookof British Patent Law. Eleventh Edition . 
 12mo. 1899. Net, U. 
 
 PAWN BROKING,— Attenborough's Law of Pawnbroking, with 
 the Pawnbrokers Act, 1872, and the Factors Act, 1889, and 
 Notes thereon. By Charles L. Attenborough, Esq., Barrister- 
 at-Law. Post 8vo. 1897. Net, 3s. 
 PLEADING, — Bullen and Leake's Precedents of Pleadings, with 
 Notes and Rules relating to Pleading. Fifth Edition. Revised and 
 Adapted to the Present Practice in the Queen's Bench Division of 
 the High Court of Justice. By Thomas J. Bullen, Esq., Barrister- 
 at-Law, Cyril Dodd, Esq., K.C., and C. W. Clifford, Esq., Bar- 
 rister-at-Law. Demy 8vo. 1897. II. 18s. 
 
 " The standard work on modern pleading 1 ." — Law Journal. 
 
 " A very large number of precedents are collected together, and the notes are 
 full and clear." — Law 'Limes. 
 
 "The Editors have in everyway preserved the high standard of the work, 
 and brought it down to date effectively and conscientiously." — Law 3/agazi/ie. 
 
 Odgers' Principles of Procedure, Pleading and Practice in Civil 
 Actions in the High Court of Justice.— Fifth Edition. By W. 
 Blake Odgers, LL.D., K.C., Recorder of Plymouth, Author of "A 
 Digest of the Law of Libel and Slander." Demy 8vo. 1903. 12s. 6d. 
 
 " The student or practitioner who desires instruction and practical guidance 
 in our modern system of pleading cannot do better than possess himself of 
 Mr. Odgers' book." — Law Journal. 
 
 " Includes a careful outline of the procedure in an ordinary action at law. 
 This sketch will be of the utmost value to students, and ought to win the ap- 
 proval also of examining bodies, as it is remarkably free from any adaptability to 
 the purposes of the mere crammer." — Literature. 
 
 " Of immense assistance to junior counsel." — Lata Notes. 
 
 " Terse, clear and pointed." — Law Quarterly Review. 
 
 POISONS. — Reports of Trials for Murder by Poisoning. — With 
 Chemical Introductions and Notes. By G. Latham Browne, Esq., 
 Barrister-at-Law, andC. G. Stewart, Senior Assistant in the Labo- 
 ratory of St. Thomas's Hospital, &c. Demy 8vo. 1883. 12s. 6d. 
 
 POWERS. — Farwell on Powers. — A Concise Treatise on Powers. 
 Second Edition. By George Farwell, Esq., Q.C. (now a Justice 
 of the High Court), assisted by W. R. Sheldon, Esq., Barrister- 
 at-Law. Royal 8vo. 1893. 11. 5s. 
 
 PRI NCI PAL AN D AG ENT— Wright's Law of Principal and Agent. 
 By E. Blackwood Wright, Esq., Barrister-at-Law. Second Edition. 
 Demy8vo. 1901. 18s. 
 
 " Clearly arranged and clearly written." — Law Times. 
 
 " May with confidence be recommended to all legal practitioners as an accu- 
 rate and handy text book on the subjects comprised in it." — Solicitors' Journal. 
 "An excellent book."— Law Quarterly Review, April, 1902. 
 
 PRIVY COUNCIL LAW.— Wheeler's Privy Council Law: A Synop- 
 sis of all the Appeals decided by the Judicial Committee (including 
 Indian Appeals) from 1876 to 1891. Together with a precis of the 
 Cases from the Supreme Court of Canada. By George Wheeler, 
 Esq., Barrister-at-Law, and of the Judicial Department of the Privy 
 Council. Royal 8vo. 1893. 11. lis. 6d. 
 
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 PROBATE, — Nelson's Handbook on Probate Practice (Non-Con- 
 tentious), with Rules, Forms, Costs, and General Instructions 
 to Solicitors and their Assistants in Extracting Grants of 
 Probate and Administration (in the High Court of Justice, 
 Ireland). — By Howaed A. Nelson, Esq., Barrister- at-Law, District 
 I'll i bate Registrar, Londonderry. Demy 8vo. 1901. 12s. 6d. 
 
 Powles and Oakley's Law and Practice relating to Probate and 
 Administration. By L. D. Powles, Barrister- at- Law, and T. "W. 
 H. Oakley, of the Probate Registry. (Being a Third Edition of 
 " Browne on Probate.") Demy 8vo. 1892. II. 10s. 
 
 PROPERTY— See also "Real Property." 
 Raleigh's Outline of the Law of Property.— Demy 8vo. 1890. 7s. 6^. 
 Strahan's General View of the Law of Property, — Third Edition. 
 By J. A. Steahan, assisted by J. Sinclaie Baxtee, Esqrs., Barris- 
 ters-at-Law. Demy 8vo. 1901. 12s. 6d. 
 
 " The student will not easily find a better general view of the law of property 
 than that which is contained in this book." — Solicitors' Journal. 
 " "We know of no better book for the class-room." — Law Times. 
 
 PUBLIC MEETINGS.— Chambers' Handbook for Public Meet- 
 ings, including Hints as to the Summoning and Management of 
 them. Second Edition. By Geoege F. Chambees, Esq., Barrister- 
 at-Law. Demy 8vo. 1888. Net, 2s. 6d. 
 
 QUARTER SESSIONS.— See " Criminal Law." 
 
 RAILWAY RATES.— Darlington's Railway Rates and the Carriage 
 of Merchandise by Railway; including the Provisional Orders of 
 the Board of Trade as sanctioned by Parliament, containing the 
 Classification of Traffic and Schedule of Maximum Rates and Charges 
 applicable to the Railways of Great Britain and Ireland. By H. R. 
 Darlington, Esq., Barrister-at-Law. Demy 8vo. 1893. II. 5s. 
 
 RAILWAYS,— Browne and Theobald's Law of Railway Com- 
 panies, — Being a Collection of the Acts and Orders relating to 
 Railway Companies in Great Britain and Ireland, with Notes of all 
 the Cases decided thereon. Third Edition. By J. H. Balfoue 
 Beowne, Esq., one of His Majesty's Counsel, and Feank Balfour 
 Beowne, Esq., Barrister-at-Law. Royal 8vo. 1899. 21. 2s. 
 
 " Contains in a very concise form the whole law of railways." — The Times. 
 
 " It is difficult to find in this work any subject in connection with railways 
 which is not dealt with." — Law Times. 
 
 " Practitioners who require a comprehensive treatise on railway law will find it 
 indispensable." — Law Journal. 
 
 RATES AND RATING.— Castle's Law and Practice of Rating.— 
 Third Edition. By Edwaed James Castle, Esq., one of His 
 Majesty's Counsel. Demy 8vo. 1895. II. 5s. 
 
 " A sure and safe guide." — Law Magazine. 
 
 " A compendious treatise, which has earned the goodwill of the Profession on 
 account of its conciseness, its lucidity, and its accuracy." — Law Times. 
 
 Chambers' Law relating to Local Rates; comprising the Statutes 
 in full and a Digest of 718 Cases. Second Edition. By G. F. 
 Chambees, Esq., Barrister-at-Law. Royal 8vo. 1889. 10s. 6d. 
 
 REAL PROPERTY, — Carson's Real Property Statutes, comprising, 
 among others, the Statutes relating to Prescription, Limitation of 
 Actions, Married Women's Property, Payment of Debts out of Real 
 Estate, "Wills, Judgments, Conveyancing, Settled Land, Partition, 
 Trustees. Being a Tenth Edition of Shelford's Real Property 
 Statutes. By T. H. Carson, Esq., K.C., and H. B. Bompas, Esq., 
 Barrister-at-Law. Royal 8vo. 1902. 35s. 
 
 " Absolutely indispensable to conveyancing and equity lawyers." 
 " The labours of the editor and assistant-editor must have been immense, and 
 the congratulations of both branches of the profession on the production of such 
 a useful work, so skilfully prepared, are earned by both editors and publishers." — 
 Law Notes. 
 
 * # * All standard Law Works are kept in Stock, in law calf and other bindings.
 
 24 STEVENS AND SONS, LIMITED, 
 
 REAL PROPERTY— continued. 
 
 De Villier's History of the Legislation concerning Real and 
 
 Personal Property in England during the Reign of Queen 
 
 Victoria.— Crown 8vo. 1901. 3*. 6d. 
 
 Digby's History of the Law of Real Property. Fifth Edition. 
 Demy 8vo. 1897. 12s. 6d. 
 
 Lightwood's Treatise on Possession of Land : with a chapter on 
 the Real Property Limitation Acts, 1833 and 1874. — By John M. 
 Lightwood, Esq., Barrister- at- Law. Demy 8vo. 1894. 15s. 
 
 Maclaurin's Nature and Evidence of Title to Realty. A His- 
 torical Sketch. By Richaed C. Maclatjein, Esq., of Lincoln's Inn. 
 Demy8vo. 1901. 10s. 6d. 
 
 Shelford's Real Property Statutes. — Vide " Carson." 
 
 Smith's Real and Personal Property. — A Compendium of the Law 
 of Real and Personal Property, primarily connected with Con- 
 veyancing. Designed as a Second Book for Students, and as a 
 Digest of the most useful learning for Practitioners. Sixth Edition. 
 By the Authoe and J. Teusteam, LL.M., Barrister-at-Law. 2 vols. 
 Demy 8vo. 1884. 21. Is. 
 
 " A book which he (the student) may read over and over again with profit and 
 pleasure." — Law Times. 
 
 " Will be found of very gTeat service to the practitioner." — Solicitors' Journal. 
 
 " A really useful and valuable work on our system of Conveyancing." — Law 
 Students' Journal. 
 
 Strahan. — Vide "Property." 
 
 REGISTRATION.— Rogers.— Vide" Elections." 
 
 Fox and Smith's Registration Cases. (1886—1895). Royal 8vo. 
 
 Calf, net, 21. 10s. 
 Smith's (C. Lacey) Registration Cases. Part I. (1895-96). 
 
 Net, 6s. Qd. Part II. (1896), 5s. Part III. (1897), 4s. Part IV. 
 
 (1898-9), 6s. Part V. (1899-1900), 4s. Part VI. (1900-1901), 4s. Od. 
 
 Lawson's Notes of Decisions under the Representation of the 
 People Acts and the Registration Acts. — By War. Lawson, 
 Barrister-at-Law. Demy 8vo. 1894. 24s. 
 
 Ditto, ditto, for 1894, 1895, 1896 and 1897. Each net 4s. 6d. 
 
 Ditto, ditto, for 1898. Net, Is. 6d. 
 
 Ditto, ditto, for 1899. Net, 4s. 6d. 
 
 Ditto, ditto, for 1900. Net, is. 6d. 
 
 Ditto, ditto, for 1901. Net, 4s. 6d. 
 
 REQUISITIONS ON TITLE.— D\ck\r\s.— Vide "Conveyancing." 
 
 RIVERS POLLUTION.— Haworth's Rivers Pollution.— The Statute 
 Law relating to Rivers Pollution, containing the Rivers Pollution 
 Prevention Acts, 1876 and 1893, together with the Special Acts in 
 force in the West Riding of Yorkshire and the County of Lancaster. 
 By Charles Joseph Hawoeth, Solicitor, B.A. (Cantab.), LL.B. 
 (London). Royal 12mo. 1897. 6s. 
 
 ROMAN LAW. — Abdy and Walker's Institutes of Justinian, Trans- 
 lated, with Notes, by J. T. Abdy, LL.D., and the late Beyan Walkee, 
 M.A., LL.D. Crown 8vo. 1876. 16*. 
 
 Abdyand Walker's Commentaries of Gaius and Rules of Ulpian. 
 With a Translation and Notes, by J. T. Abdy, LL.D., late Regius 
 Professor of Laws in the University of Cambridge, and the late 
 Beyan Walkee, M.A., LL.D. New Edition by Beyan Walkee. 
 Crown 8vo. 1885. 16s. 
 
 Barham's Students' Text-Book of Roman Law. — By C. Nicolas 
 
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 ROMAN LAW— continued. 
 
 Buckler's Origin and History of Contract in Roman Law down 
 to the end of the Republican Period. By W. H. Buckler, 
 B.A., LL.B. Post Svo. Second Edition. [In the press.) 
 
 Goodwin's XII. Tables. — By Fbedeeick Goodwin, LL.D. London. 
 Royal 12mo. 1886. 3s. 6d. 
 
 Greene's Outlines of Roman Law. — Consisting chiefly of an 
 Analysis and Summary of the Institutes. For the use of Students. 
 By T. Whitcombe Geeene, Barrister-at-law. Fourth Edition. 
 Foolscap 8vo. 1884. 7*. 6d. 
 
 Grueber's Lex Aquilia.— The Roman Law of Damage to Property: 
 being a Commentary on the Title of the Digest " Ad Legem Aqui- 
 liam" (ix. 2). With an Introduction to the Study of the Corpus 
 Iuris Civilis. By Eewin Gbttebeb, Dr. Jur., M.A. Svo. 1886. 10s. Qd. 
 
 Holland's Institutes of Justinian. — Second Edition. Extra fcap. 
 8vo. 1881. 5s. 
 
 Holland and Shadwell's Select Titles from the Digest of Jus- 
 tinian. — Demy 8vo. 1881. 14s. 
 
 Holland's Gentilis Alberici, I. CD., I.C.P.R., de lure Belli 
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 morocco. \l. Is. 
 
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 C. II. Monbo, M.A. Crown Svo. 1898. 5s. 
 
 Monro's Digest XIX. 2. Locati Conducti. Translated, with Notes, 
 by C. H. Moneo, M.A. Crown 8vo. 1891. 5s. 
 
 Monro's Digest XLVII. 2, De Furtis, Translated, with Notes, by 
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 Monro's Digest XLI. 1, De Adquirendo Rerum Dominio. Trans- 
 lated, with Notes, by C. H. Moneo, M.A. Crown Svo. 1900. 5s. 
 
 Moyle's Imperatoris Justiniani Institutiones. — Third Edition. 
 2 vols. Demy Svo. 1896. 1/. 2s. 
 
 Poste's Elements of Roman Law. — ByGaius. "With a Translation 
 and Commentary. Third Edition. By Edwaed Poste, Esq., 
 Barrister- at-Law. Demy 8vo. 1890. 18s. 
 
 Roby's Introduction to the Study of Justinian's Digest, con- 
 taining an account of its composition and of the Jurists used or 
 referred to therein. By H. J. Roby, M.A. Demy Svo. 1886. 9s. 
 
 Roby's Justinian's Digest. — Lib. VII., Tit. I. De Usufructu, with 
 
 a Legal and Philological Commentary. By H. J. Roby, M.A. 
 
 Demy Svo. 1884. 9s. 
 
 Or the Two Parts complete in One Volume. Demy Svo. 18s. 
 
 Sohm's Institutes of Roman Law.— Second Edition. Demy Svo. 
 1901. 18s. 
 
 Walker's Selected Titles from Justinian's Digest. — Annotated by 
 the late Beyan Walkee, M.A., LL.D. 
 
 Part I. Mandati vel Contra. Digest xvii. I. Crown 8vo. 1879. 5s. 
 
 Part III. De Condictionibus. Digest xn. 1 and 4 — 7, and 
 
 Digest xin. 1 — 3. Crown Svo. 1881. 6s. 
 
 Walker's Fragments of the Perpetual Edict of Salvius Julianus. 
 Collected and annotated by Beyan Walkee, M.A., LL.D. Crown 
 8vo. 1877. 6s. 
 
 Whewell's Grotius de Jure Belli et Pacis, with the Notes of Bar- 
 beyrac and others ; accompanied by an abridged Translation of the 
 Text, by W. Wheweix, D.D. 3 vols. Demy Svo. 1853. 12s. 
 
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 26 
 
 STEVENS AND SONS, LIMITED, 
 
 RULING CASES. — Campbell's Ruling Cases.— Arranged, An- 
 notated, and Edited by Robert Campbell, of Lincoln's Inn, Esq., 
 Barrister- at-Law, Advocate of the Scotch Bar, assisted by other 
 Members of the Bar. With American Notes by Irving Browne, 
 formerly Editor of the American Reports, and the Hon. Leonard A. 
 Jones, A.B., LL.B. (Harv.). Royal 8 vo. 1894-1902. Half vellum, 
 gilt top. Complete in XXVI. Volumes. Price for the set, net, 25 J, 
 *** The Volumes sold separately, net, each \l. 5s. 
 
 I. — Abandonment— Action. 
 
 II.— Action — Amendment. 
 
 III. — Ancient Light— Banker. 
 
 IV.— Bankruptcy— Bill of Lading. 
 
 V.— Bill of Sale— Conflict of Laws. 
 
 VI.— Contract. 
 
 VII. — Conversion— Counsel. 
 VIM.— Criminal Law— Deed. 
 
 IX.— Defamation — Dramatic and 
 Musical Copyright. 
 
 X. — Easement— Estate. 
 
 XI.— Estoppel - Execution. 
 
 XII.— Executor — Indemnity. 
 XIII. — Infant— Insurance. 
 
 XIV. — Insurance— Interpretation. 
 
 XV.— Judge— Landlord and Tenant. 
 XVI.— Larceny— Mandate. 
 XVII.— Manorial Right— Mistake. 
 XVIII. — Mortgage—Negligen,ce. 
 XIX. — Negligen.ee— Partnership. 
 
 XX.— Patent. 
 XXI.— Payment— Purchase forYalue 
 
 without Notice. 
 XXII.— Quo Warranto— Release. 
 XXIII.— Relief— Sea. 
 XXIV. — Search Warrant— Telegraph. 
 XXV.— Tenant-Wills. 
 XXVI.— Table of Cases ; Index. 
 
 
 THIS SERIES PRESENTS- 
 
 The best English Decisions (in full), 
 
 Erom the earlier Reports to the present time, 
 
 Grouped under topics alphabetically arranged. 
 
 UNDER EACH TOPIC IS GIVEN- 
 
 A " Rule " of law deduced from the cases ; 
 The early or " leading " case (in full) ; 
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 THE OBJECT OF THE SERIES IS— 
 
 To state legal principles clearly, 
 
 Through cases of accepted authority, 
 With sufficient annotation 
 
 To aid the application of these principles 
 to any given state of facts. 
 
 Extracts from Press Notices. 
 
 " A Cyelopaadia of law .... most ably executed, learned, accurate, clear, 
 concise ; but perhaps its chief merit is that it impresses on us what the practising 
 English lawyer is too apt to forget- that English law really is a body of prin- 
 ciples."— 7'he British Hi vu w. 
 
 " One of the most ambitious,,and ought to be, when it is complete, one of the 
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 Literature. 
 
 " A perfect storehouse of the principles established and illustrated by our 
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 " The general scheme appears to be excellent, and its execution reflects the 
 greatest credit on everybody concerned. It may, indeed, be said to constitute, 
 for the pre si nt, the high-water mark of the science of book-making." — Sat. Itev. 
 
 " A work of unusual value and interest. . . . Each leading case or group 
 of cases is preceded by a statement in bold type of the lule which they are quoted 
 as establishing. 1 he work is happy in conception, and this first volume shows 
 that it will be adequately and successfully carried out." — Solicitors' Journal. 
 
 "The English Ruling Cases seem geneially to have been well and carefully 
 chosen, and a great amount of work has been expended. . . . Great accuracy 
 and care are shown in the preparation of the Notes." — L,aw Quarterly Review. 
 
 "The Series has been maintained at a high level of excellence." — 
 
 The Times. 
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 SALES.— Blackburn on Sales. A Treatise on the Effect of the Con- 
 tract of Sale on the Legal Rights of Property and Possession in 
 Goods, Wares, and Merchandise. By Lord Blackburn. 2nd Edit. 
 By J. C. Graham, Esq., Barrister-at-Law. Royal 8vo. 1885. II. 1*. 
 " We have no hesitation in saying that the work has been edited with re- 
 markable ability and success." — Law Quarterly Iieuitw. 
 
 SALVAGE.— Kennedy's Treatise on the Law of Civil Salvage.— By 
 
 William R. Kennedy, Esq., Q.C. (now a Justice of the High Court). 
 
 Royal 8vo. 1891. 12*. 
 
 "The best work on the law of salvage. It is a complete exposition of the 
 
 subject, and as such is accurate and exhaustive." — Law Times. 
 
 SHERIFF LAW.— Mather's Compendium of Sheriff and Execu- 
 tion Law. Second Edition. By Philip E. Mather, Solicitor and 
 Notary, formerly Under- Sheriff of Newcastle-on-Tyne. Royal 8vo. 
 1903. U- 10*. 
 
 " We think that this book will be of very great assistance to any persons who 
 may fill the positions of high sheriff and under-sheriff from this time forth. The 
 whole of the legal profession will derive great advantage from having thia 
 volume to consult." — Law Times. 
 
 SHIPPING.— Carver.— Vide" Carriers." 
 
 Marsden's Digest of Cases relating to Shipping, Admiralty, 
 and Insurance Law, down to the end of 1897.— By Reginald 
 G. Marsden, Esq., Barrister- at- Law, Author of "The Law of 
 Collisions at Sea." Royal 8vo. 1899. 1/. 10*. 
 
 Pulling's Merchant Shipping Act, 1894. — With Introduction, 
 Notes, and Index. By Alexander Pulling, Esq., Barrister-at- 
 Law. Royal 8vo. 1894. Net 6*. 
 
 Pulling's Shipping Code; being the Merchant Shipping Act, 1894 
 (57 & 58 Vict. c. 00). With Introduction, Notes, Tables, Rules, 
 Orders, Forms, and a Full Index. — By Alexander Pulling, Esq., 
 Barrister-at-Law. Royal 8vo. 1894. Net Is. 6d. 
 
 Temperley's Merchant Shipping Act, T894 (57 & 58 Vict, 
 c. 60). With an Introduction ; Notes, including all Cases decided 
 under the former enactments consolidated in this Act ; a Comparative 
 Table of Sections of the Former and Present Acts ; an Appendix of 
 Rides, Regulations, Forms, etc., and a Copious Index. — By Robert 
 Temperley, Esq., Barrister-at-Law. Royal 8vo. 1895. 1/. 5*. 
 
 "A full, complete, and most satisfactory work." — Law Quarter!;/ Jiericxo. 
 "A monument of well-directed industry and knowledge directed to the 
 elucidation of the most comprehensive and complicated Act." — Law Journal. 
 
 SLAN DER ■— Odgers — Vide " Libel and Slander." 
 
 SOLICITORS.— Cordery's Law relating to Solicitors of the 
 Supreme Court of Judicature. With an Appendix of Statutes 
 and Rules, the Colonial Attornies Relief Acts, and Notes on Appoint- 
 ments open to Solicitors, and the Right to Admission to the Colonies, 
 to which is added an Appendix of Precedents. Third Edition. By 
 A. Cordert, Esq., Barrister-at-Law. Demy 8vo. 1899. II. Is. 
 
 " The leading authority on the law relating to solicitors." — Law Journal. 
 
 " A complete compendium of the law." — Law Tim' s. 
 
 " Thoroughly up to date in every respect." — Law Quarterly Review. 
 
 Turner. — Vide "Conveyancing" and " Vendors and Purchasers." 
 
 SPECIFIC PERFORMANCE.— Fry's Treatise on the Specific 
 Performance of Contracts. By the Right Hon. Sir Edward Fry. 
 Fourth Edition. By W. 1). Rawuhs, Esq., K.C. Royal 8vo. 
 1903. U. 10*. 
 
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 28 STEVENS AND SONS, LIMITED, 
 
 STAMP LAWS.— Highmore's Stamp Laws.— Being the Stamp Acts 
 of 1891 : with the Acts amending and extending the same, in- 
 cluding the Finance Act, 1902, together with other Acts imposing 
 or relating to Stamp Duties, and Notes of Decided Cases ; also an 
 Introduction, and an Appendix containing Tables showing the com- 
 parison with the antecedent Law. Second Edition. By Nathaniel 
 Joseph Highmobe, Assistant-Solicitor of the Inland Revenue. Demy 
 8vo. 1902. 10s. 6d. 
 
 " The recognized work on the subject." — Law Quarterly Seview, Jan., 1903. 
 " Mr. Highmore has ineoiporaled in the new edition of this work the legislation 
 of the last three years, so far m it affects the Stamp Laws, including' the Finance 
 Act, 1902. He has revised the text, added the new authorities, and increased the 
 notes upon departmental practice, a subject which he is peculiarly qualified 
 to discuss. This edition, like the former one, will be found of the greatest use by 
 solicitors, officers of companies, and men of business." — Law Journal, De i. 6, 1902. 
 "A very comprehensive volume, fulfilling every requirement. . . . The 
 various notes to the sections of the several Acts incorrorated in the volume are 
 fully and accurately set out, the points of the decided cases clearly expressed, 
 and the effect and object of the enactment indicated ; and what must be of 
 especial value to the practitinner, the practice at Somerset House with regard 
 to all matters coming before that institution is stated." — Justice or' the Peace. 
 "Mr. Highmore's 'Stamp Laws' leaves nothing undone." — The Civilian. 
 
 STATUTES, and vide " Acts of Parliament." 
 
 Chitty's Statutes. — The Statutes of Practical Utility, from the 
 earliest times to 1894, with Supplemental Volume to 1901 inclusive. 
 Arranged in Alphabetical and Chronological Order; with Notes and 
 Indexes. Fifth Edition. By J. M. Lely, Esq., Barrister- at- Law. 
 Royal 8vo. Complete with Index. In 14 Volumes. 1894-19i>2. 151. 15s. 
 The Supplementary Volume, 1895 to 1901. Consolidated 
 with Index. By J. M. Lely, Esq. May be had separately. 
 
 11. Is. 
 "To those who already possess 'Chitty's Statutes' this new volume is 
 indispensable." — Law Notes, June, 1902. 
 
 The Annual Supplements. Separately: — 189.5, 5s. 1896, 10s. 
 1897, 5s. 1898, 7s. 6^. 1899, 7s. 6d. 1900, 7s. 6d. 1901, 7s. 6d. 
 1902, 7s. 6d. 
 "It is a book which no public library should be without." — 
 Spectator. 
 
 "A work of permanent value to the practising lawyer." — Solicitors' 
 Journal. 
 
 "The profession will feel grateful both to the editor and the 
 publishers of a work which will be found of the highest value." — 
 Laic Journal. 
 
 " A legal work of the very highest importance. . . . Few besides 
 lawyers will, we suspect, realise the amount of work which such an 
 undertaking involves to the editor, who appears to have spared no 
 pains to give a clear, orderly, and methodical character to the com- 
 pilation." — Daily Xeivs. 
 
 "This collection has fulfilled a purpose of usefulness only to be 
 understood by those who are acquainted with the amazing com- 
 plexity of English statute law, with its bewildering incoherence 
 and painful heterogeneity." — Fall Mall Gazette. 
 
 " Indispensable in the library of every lawyer." — Saturday Review. 
 "To all concerned with the laws of England, Chitty's Statutes of 
 Practical Utility are of essential importance, whilst to the practising 
 lawyer they are an absolute necessity." — Laic Times. 
 
 "It is apparently the belief of some popular novelists that 
 lawyers in their difficulties still uniformly consult daily Coke upon 
 Littleton and Blackstcne. Ihose who know better are aware that 
 the lawyer's Bible is the ' Statutes of Practical Utility '—that they 
 are his working tools, even more than accredited text-books or 
 'authorised reports.' More than one judge has been heard to say 
 that with the 'Statutes of Practical Utility' at his elbow on the 
 beech he was apprehensive of no difficulties which might arise." — 
 The Times. 
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 119 & 120, CHANCERY LANE, LONDON, W.C. 29 
 
 STATUTE LAW.— Wilberforce on Statute Law. The Principles 
 which govern the Construction and Operation of Statutes. By E. 
 Wilbeefoece, Esq., a Muster of the Supreme Court. 1881. 18*. 
 
 SUCCESSION. — Holdsworth and Vickers' Law of Succession, 
 Testamentary and Intestate. Demy 8vo. 1899. 10*. 6d. 
 
 SUMMARY CONVICTIONS.— Paley's Law and Practice of Sum- 
 mary Convictions under the Summary Jurisdiction Acts, 
 1848 — 1884; including Proceedings Preliminary and Subse- 
 quent to Convictions, and the Responsibility of Convicting 
 Magistrates and their Officers, with the Summary Jurisdic- 
 tion Rules, 1886, and Forms. — Seventh Edition. By W. II. 
 Macnamaea, Esq., Barrister-at-Law. Demy 8vo. 1892. II. 4s. 
 
 TAXPAYERS' GUIDES.— Vide "House," "Income," & "Land Tax." 
 
 THEATRES AND MUSIC HALLS.— Geary's Law of Theatres 
 and Music Halls, including Contracts and Precedents of 
 Contracts.— By W. N. M. Geaey, J. P. With Historical Introduc- 
 tion. By James Williams, Esqrs., Barristers -at -Law. 8vo. 
 1885. bs. 
 
 TITLE.— Jackson and Gosset. — Vide " Investigation of Title." 
 
 TORTS. — Addison on Torts. — A Treatise on the Law of Torts; or 
 Wrongs and their Remedies. Seventh Edition. By Hoeace 
 Smith, Esq., Bencher of the Inner Temple, Metropolitan Magis- 
 trate, and A. P. Peeceval Keep, Esq., Barrister-at-Law. Royal 8vo. 
 1893. 1/. 18s. 
 
 " As an exhaustive digest of all the cases which are likely to be cited in 
 practice it stands without a rival." — Law Journal. 
 
 "As now presented, this valuable treatise must prove highly acceptable to 
 judges and the prof ession." — Law Times. 
 
 " An indispensable addition to every lawyer's library." — Late Magazine. 
 
 Ball's Leading Cases on the Law of Torts, with Notes. Edited 
 by W. E. Ball, LL.D., Esq., Barrister-at-Law, Author of "Prin- 
 ciples of Torts and Contracts." Royal 8vo. 1884. 1^. Is. 
 
 Bigelow's Elements of the Law of Torts, — A Text-Book for 
 Students. By Melville M. Biqeljw, Ph.D., Lecturer in the Law 
 School of the University of Boston, U.S.A. Crown 8vo. 1889. 10s. 6d. 
 
 Innes' Principles of the Law of Torts. — By L. C. Innes, lately one 
 of the Judges of the High Court, Madras, Author of " A Digest of 
 the Law of Easements." Demy 8vo. 1891. 10s. Gd. 
 
 "A useful addition to any law library." — Law Quarterly Review. 
 
 Pollock's Law of Torts: a Treatise on the Principles of Obligations 
 arising from Civil Wrongs in the Common Law. Sixth Edition. 
 By Sir Feedeeick Pollock, Bart., Barrister- at- Law. Author of 
 "Principles of Contract," " A Digest of the Law of Partnership," 
 &c. Demy 8vo. 1901. 1/. 5s. 
 
 " Concise, logically arranged, and accurate." — Law Timts. 
 
 " Incomparably the best work that has been written on the subject." — 
 Literature. 
 
 " A book which is well worthy to stand beside the companion volume on 
 'Contracts.' Unlike so many law-books, especially on this subject, it is no mere 
 digest of cases, but beirs the impress of the mind of the writer from beginning 
 to end." — Law Journal. 
 
 " The wmk is one ' professing to sell ct rather than to collect authority 
 the leading cases on each branch of the subject will be found ably dealt w.th. 
 A work bearing Mr. PoUock's name requires no recommendation, it it did, we 
 could heartily recommend this able, thoughtful, and valuable book .... as a 
 very successful and instructive attempt to seek out and oxp.mnd the principles 
 of duty and liability underlying a branch of the law in which the Scottish 
 and English systems do not mat rially differ." J 
 
 * # * All standard Law Works arc kept in Stock, in law calf and other bindings.
 
 30 STEVENS AND SONS, LIMITED, 
 
 TRADE MARKS. — Sebastian on the Law of Trade Marks and 
 their Registration, and matters connected therewith, including a 
 chapter on Goodwill ; the Patents, Designs and Trade Marks Acts, 
 1883-8, and the Trade Marks Rules and Instructions thereunder; 
 with Eorms and Precedents; the Merchandize Marks Acts, 1887-94, 
 and other Statutory Enactments ; the United States Statutes, 1870-82, 
 and the Rules and Forms thereunder ; and the Treaty with the United 
 States, 1877. By Lewis Boyd Sebastian, Esq., Barrister-at-Law. 
 Fourth Edition. By the Author and Harry Baird Hemmino, Esq., 
 Barrister-at-Law. Royal 8vo.' 1899. II. 10*. 
 
 " Stands alone as an authority upon the law of trade-marks and their regis- 
 tration." — Law Journal. 
 
 "It is rarely we come across a lawbook which embodies the results of years 
 of careful investigation and practical experience in a branch of law, or that 
 can be unhesitatingly appealed to as a standard authority. This is what can be 
 said of Mr. Sebastian's book." — Solicitors' Journal. 
 
 Sebastian's Digest of Cases of Trade Mark, Trade Name, 
 Trade Secret, Goodwill, &c, decided in the Courts of the United 
 Kingdom, India, the Colonies, and the United States of America. 
 By Lewis Boyd Sebastian, Esq., Barrister-at-Law. 8vo. 1879. II. Is. 
 " Will be of very great value to all practitioners who have to advise on matters 
 connected with trade marks." — Solicitors' Journal. 
 
 TRAMWAYS. — Sutton's Tramway Acts of the United Kingdom; 
 with Notes on the Law and Practice, an Introduction, including the 
 Proceedings before the Committees, Decisions of the Referees with 
 respect to Locus Standi, and a Summary of the Principles of Tramway 
 Rating, and an Appendix containing the Standing Orders of Par- 
 liament. Rules of the Board of Trade relating to Tramways, &c. 
 By Henry Sutton, Esq., Barrister-at-Law. Third Edition, including 
 the Light Railways Acts. By George S. Robertson, Esq., Bar- 
 rister-at-Law. (In preparation.) 
 
 TRANSVAAL.— The Statute Law of the Transvaal. Translated. 
 Royal Svo. 1901. 21. 2s. 
 
 TRUSTS AND TRUSTEES.— Ellis' Trustee Acts, including a 
 Guide for Trustees to Investments. By Arthur Lee Ellis, Esq., 
 Barrister-at-Law. Sixth Edition. By L. W. Byrne, Esq., Barrister- 
 at-Law. Roy. 12mo. 1903. 6s. 
 
 Godefroi's Law Relating to Trusts and Trustees. — Second Edit. 
 By Henry Godefroi, of Lincoln's Inn, Esq., Barrister-at-Law. 
 Royal 8vo. 1891. II. 12s. 
 
 VENDORS AND PURCHASERS.— Dart's Vendors and Pur- 
 
 chasers. — A Treatise on the Law and Practice relating to Vendors 
 and Purchasers of Real Estate. By the late J. Henry Dart, Esq., 
 one of the Six Conveyancing Counsel of the High Court of Justice, 
 Chancery Division. Sixth Edition. By the late William Barber, 
 Q.C. , Richard Burdon Haldane, K.C., and William Robert Sheldon, 
 Esq., Barrister-at-Law. 2 vols. Royal 8 vo. 1888. 3^. 15s. 
 
 %* A new Edition under the Editorship of Benjamin Lennaed Cherry, 
 Esq., Barrister-at-Law, is in preparation. 
 
 Farrer's Precedents of Conditions of Sale of Real Estate, Re- 
 versions, Policies, &c. ; •with exhaustive Footnotes, Introductory 
 Chapters, and Appendices. — By Frederick Edward Farrer, Esq., 
 Barrister-at-Law. Royal 8 vo. 1902. 16*. 
 
 " Mr. Farrer has; -written a rare thing— a new book which will be of real value 
 in a conveyancer's library. . . . AVe venture to predict that this book will be 
 popular." — Law Journal, June 7, 1902. 
 
 "The work, while .sufficiently elementary to be of extreme use to students and 
 young practitioneis, will also be very serviceable to the more experienced. The 
 notes are essentially practical and are evidently largely derived from experience, 
 and the forms are adapted to recent decisions.' Mr. Farrer's book strikes a new 
 vein, and deserves— and will no doubt secure— the support of the profession." — 
 Law Times, May 24, 1902. 
 
 %* All standard Law Works are kept in Slock, in law calf and other bindings.
 
 119 & 120, CHANCERY LANE, LONDON, W.C. 31 
 
 VENDORS AND PURCHASERS— continued. 
 
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