PRACTICAL FORMS: BEING CHIEFLY DESIGNED AS AN APPENDIX TO THE PRACTICE OF THE COURT OF king's BENCH IN PERSONAL ACTIONS. By WILLIAM TIDD, Efq. OF THE INNER TEMPLE. LONDON: FRINTED BY A. STRAHAN, LAW-PRINTER TO THE KING's MOST EXCELLENT MAJESTY, FOR E. & R. BROOKE & J. RIDER, BELL-YARD, TEMPLE-BAR. J AND J. BUTTERWORTH, FLEET-STREET. 1799. T n9^ PREFACE. T N condui^llng a fuit at law, there are two things to be confidered by the prafllcioner j fird, what is to be done ; and fecondly, the time and manner of doing it : And in attending to thefe objc6ls, it will be found that an adherence to certain eftabiiihed forms is conftantly ne- ceflary, Thefe forms confifl principally of notices, demands, rules of court, fummonfes and or- ders, writs and returns, and entries of proceed- ings. Notices are either of an intention to brin^ an a6lion, or of fomethino; done or in- tended to be done in the courfc of the fuit, fuch as notices of bail being put in, or declaration filed, or of motion or trial, (^c. Demands are of fomething to be given or done by the oppofite party, as oyer and copy of deeds, ^c. Notices and demands pafs between the parties or their at- tornies, and are not filed or entered of record. The Rules of the court are of four kinds ; fird, fuch as are given by the mafter, or clerk of the errors, &c. and entered with the clerk of the rules j fecondly, fuch as are given and entered by the clerk of the rules, on a precipe or note of A 2 in- 783177 IV PREFACE. inftruflions; thirdly, fide-bar rules, or fuch as were anciently moved by the attornies at fide-barj and fourthly, fuch rules as are, or are fuppofed to be moved in court, which are either abfolute in the firft inftance, or preceded by a rule to (hew caufe. The application for thefe latter rules is made by motion or petition, which is ufually founded on an affidavit of the circumftances. Affidavits are alfo in fome cafes required by aft of parliament, in order to give effedl to particular proceedings, as of the caufe of aftion, or truth of" a plea in abate- ment, (jfc. And after a rule has been obtained, it is fometimes neceffary that certain forms fliould be obferved under it, as in the cafe of a rule to examine witnefies on interrogatories, &c. The rules of the court are not confidered as records, but only remembrances of its proceedings ; and are filed, vv'ith the affidavits in fupport of them, in the office of the clerk of the rules. Summonjes and orders are ifTued by the judges ; and anfwer to the rules of the court, the former being in nature of rules to (hev/ caufe, and the latter of abfolute rules. In general, they are intended to regulate thofe Icfs important matters, which are not alto- gether of courfe, but yet are not of fufficient mo- ment to claim the attention of the court, fuch as the allowance of further time to plead, ^c. IFrits are original ov judicial }, the former iffi.ie out of Chancery, for the commencement or re- 2 moval PREFACE. c moval of a6lions; the latter are iflued by the court in which the afllons are profecuted : And they are cither directed to the fheriff, commanding him to bring in the defendant, fummon the jury, aflift the court in making inquifitions, or execute their judgments, i^f. or they are addreflcd to the witnefics in a caufe ; or to the judges or officers of an inferior court, requiring them to certify a record, C^c. Judicial writs are either me/ne, that is, fuch as ilTue between the com- mencement and termination of the fuit, including the jury-procefs ; or final, which are ilTued after judgment, to obtain execution, or for other pur- pofcs. Writs are in general obtained as a mat- ter of courfe, by applying for them, with a pre- cipe or note of inftruclions, to the proper officer ; and when returned, are filed with the proceed- ings which have been had under them, in the treafury of the court. Entries of proceedings are of the appearance, pleadings or fuggeftions of the parties ; of re- cognizances of bail; of the verdi6l of the jury on a trial, or inquifition on a writ of inquiry j or of the afis of the courts in awarding procefs, continuing the caufe, or giving judgment, i^c, Thefe entries are made on parchment rolls, which are docketted, and filed in the treafury of the court, where they remain as evidence of its proceedings. A3 In VI PREFACE. In the following work, the author has In the firft place endeavoured to form a full and cor- recSt outline of the fubjefl, correfponding as much as poffible with his book of praftice : To fill up this outline, he has "with the affiftance of his friend Mr. 'ThompJoHi colIc£led from the different printed books, as well as from his own manufcripts, a great variety of practical forms, which have been collated and compared, and fuch of thtm feledled as appeared to be the moft eligible. Thefe have been all carefully revifcd j and are placed in the order in which they occur in the courfe of a fuir, fo as to exhibit the general order of the proceed- ings, and the particular varieties attending them. To avoid unneceffary repetition, references are occafionaiiy made to other precedents of the fame nature ; and throughout the whole of the work, as the fubjed did not admit of novelty, the greateft attention has been paid to method and arrangement. This coiledion was intended principally as an Appendix to the Practice of the Court of King's Bench, in Perfonal Actions j and a table is there- fore prefixed, pointing out the particular forms referred to in that work : but as many others have been infcrted, which may render the pub- lication feparately ufeful, it was thought right to give a general Index to the whole, under alpha- betical titles. Temple, November \Ji, 1799. TABLE OF FORMS IN THE APPENDIX, &'c. *^* The letters and pages in the firll column denote the refersncei made to the Appendix, and where they occur, in the Book of Prac- tice ; the middle column, the Titles of the Forms referred to ; and the laft, the pages where they are to be found in the following workc^ CHAP. I. A. 24. ENTRY of procefs, to fave the ftatute of limitations. - - 37, 8. 4 1. 87 Notices of a61:ion. - - i, iJa Demand of the perufal, and copy of warrant. 5 CHAP. II. ^eriturt or plaint in trefpafsc - 10 Attachment thereon. - - Id: "^Wl oi Middle/ex. - - U-SI Alias or pluries bill of Middle/ex. - i2. 33 Latitat, - - - 12, 34 Alias ox pluries capias, - - 13* 35 No7i omittas capias. - - 36 Pracipe or note of inftrudions. 11, 12, 13. 30. 33^ A> 5> 6- 4f> Memorandum of warrant for plaintiff. 10 Ac-etiams. - - 3 1, 2, 3 Notice on copy of procefs. - i i Procefs into counties-palatine. - ^Sj ^4* 3^ N. 44. 46. Table of terms and returns. - 15 A A B. 27. C. 28. A. 32. B. 33- C. — . D. 34. E. — F. .— G. 35- H. 36. I* _ K. 38. L. 39- M. 41. Viii TABLE. CHAP. III. 72. Affidavits to hold to bail. - - 16, &c. CHAP. V. A. 114- Entry of warrants of attorney. 186. 243. 551. 254. 257. 276. 286, 7, 8,9. 290. 409. 519 B. 115. Memorandum of warrant to defend. 91 C. 116. The like, on z cognovit aclionem or warrant of attorney. - - - 1^5 D. 117. Infant's petition to be admitted to fue by prochein ami. ^ - - 6 E. — Qonitnt oi prochein ami. _ - 7 F. — Affidavit of fignature of petition and confent. Id, CHAP. VI. Common bail-piece. « - 92 Affidavit of fervice of procefs. - id. Special bail-piece. - ... 95 Affidavit of the taking of bail, before a commiffioner. - - - 95 Notice of ball in town. - - 94 Entry of exception to bail. - 96 Notice of exception. - . Id. Notice of juflifying or adding bail. - 97> 8 The like by affidavit, of bail put in before a commiffioner. - - „ py Affidavit of j unification of fuch bail. 95, 6 Affidavit of fervice of notice of juftilicatlon. 98 Notice of render. - _ » 103 Affidavit of fervice of notice of render. Id. CHAP. ViL Rule to return writ. - - 104 Affidavit of fervice of rule, ^c. - Id. Returns to a capias ad refpondendum. 104, ^c. Rule to bring in the body. « 109 j:. 1680 A. 123. B. 124. C. 130. D. 131- E. 132. F. 134- G. — H. 136. I. — K. 138. L. — M. 150. N. —^ A. 161. B. 163. C. 164. D. 165. E. i68. F. 169. A. 174- B. 177. C. 178. D. 187. JE. 189. F. 190. Q. — TABLE. it Affidavit of fervlce of rule, ^c. - 1 09 Dijiringas againft the late flierifF. ? 107. 340 CHAP. VIII. Habeas corpus cum causa. - - no _-— ad refpondendum. - 1 1 1 ■ ad fatisfaciendum, - 112 ^■i\\-'^\&zt. on habeas corpus. - \\6 Notice of fpecial bail on habeas corpus. 117 Notice of juftification of bail. - Id, Procedendo on habeas corpus. - - Id. CHAP. X. XI. A. 204. Entry in marfhai's book, to charge a pri- foner in vacation. - 2 Bur. loji B. 205, Special memorandum^ to a bill filed againft a prifoner in vacation. - - 123 C 209. Beginning of a declaration againft a prifoner in cuftody of the fnerifF, ^c. Id. 1 24 D. 213. Affidavit of delivery of copy of declaration. 125 CHAP. XII. A. 219. Commitfitur-plece. - - 125,6 B. — "Entry oi committitur. - - - 126 C. 223. Affidavit of gaoler's fignature to certificate, or copy of caufes. - - 127 D. 224. Affidavit of fervice and attendance on fum- mons. - - -Id. E. — Superfedeas for not proceeding againft pri- foners. - - - 128, ^^r. CHAP. XIII. A. 23d. Affidavit of execution of articles of clerk- fhip. - - - 135 B. 243. ■■ of fervice under articles. - 137 C. 244. ■— of payment of ftamp-duty. - 136 D.-265. Attachment of privilege. - - 40 E. 269. Beginning of bill againft an attorney. 141 t tABLE. CHAP. XIV. A. 274. Pracipe in covenant or debt. - 42, 3 B. — Pane ox ft te fecerit ftcurum^ in cafe. - 4^ C. 278. AttachiTient. - - - ' 44 D. 279. Sheriff's return thereto. - - 45 E. — Dijirwgas. _ - ■ JJ^ F. 287. Specidl capias ad re/pofidendum. - 47 G. — - Alias or pluries capias. - - 4S H. - — Tejlatum capias. - _ i /a^i I. — Non oraittas capias. - - Id. K. 291. Petition for original writ. - 479,80 C H A P. XV. A. 296. Exigi facias. - ^ 4^ B. — Allocatur exigent. - - - rj C. — Writ of proclamation. - - ^i D. 298. Sitperfedeas to exigent. - - r^ E. 300. General capias idlagatum, - - re F. 303. Special capias ntlagatum. - - c5 G. 307. Petition to the lords of the treafury* - 62 H. — Affidavit of plaintiff's debt and coils. - 64,5 I. 307. Certificate of clerk in court. - 64 K. 308. Reverfal of outlawry by plea or averment. 79 CHAP. XVI. A. 315. Original writ ogainft a peer. ' - 43 B. 316. Diflringas \^i\txtox\. - - 45 C. — Alias or pluries difringas, - - 4^? D. 317. Te/Iatum difringas. - - Id:, E. 318. Beginning of bill againft a member of the Houfe of Commons. - - 85 F. — Writ of fummons. - - 86 G. 319. Difringas, - - -Id, CHAP. XVIT. A. 371. Notice to plead. - - 146 B. 372. Notice of declaration, fs'f. - Id. Q. 376. Judgment of w//prw, for not declaring. 286, ^r. TABLE, xl CHAP. XVIil. XIX. A. 397. Rule to plead. - . _ I^g B. 399. Demai d of plea. - - Id. — 415. Notices of motion, ^"i- 148,9. J55. 166. 194. 196 CHAP. XXI. A. 461. Warrant of attorney to confefs j.udgi-nent.- 150 B. 469. Affidavit to enter up judgment thereon. 151 C. 471. Affidavit for leave to compound a penal adlion. 153 CHAP. XXII. A. 474. Confeffion of the adlion. - " - i^^ B. 475. Judgments by m7 flf/V/V. ~ 243, ^r, B. 475. by notifum informatits. 257, ^a C. 482. Suggeftion of breaches, i^c. on the ftatute Z^<)W. III. c. II. § 8. - 253 D. — "Writ of inquiry thereon. - itq E. 483. in common cafes. 157,8,9 F. 491. Notice of inquiry. - - ir(5 G. 493. -——— of continuance and countermand. 157 H. — of attending by counfel. - i6(5 I. 494. Rule for judgment on inquiry. - /i/. CHAP. XXIV. XXV. XXVI. XXVII. 528. Affidavit to change the venue. - i(58 538. Rule for bringing money into court. . - Id^ 564. Affidavit of the truth of plea in abatement. 169 585. Notice of fet-ofF. - . i-jo CHAP. XXX. Iffiies. - - 172, l^c- Unica taxatlo. - - 1^(5 Mittimus to a county-palatine. - I77> 8 Suggeftion for a trial in an adjoining county. 183 Av/ard of venire, where the a(Slion is laid in Wales, or Berivick-iipon-Tiveed- Id. Suggeltions of death, before iflue joined. 179, 80 Conclufion of iflue in fa£l, triable by the record. 1 85 9 H. 658, A. 649. B. 654. C. 6ss. D. 6s6. E. — F. 657. G. _ xli TABLE. H. 658. Conclufion of demurrer-book, on Ifluc in law, 185 1, 663. Entry of ifTue. - - 186 CHAP. XXXIII. A. 680. Notice of trial. - - 19I) 2 B. 682. Term's notice of trial. - - 192 C. 683. Notice of countermand. - - Id. D. 6B4. continuance. - - Id. E. 6yr. Afiidavitfor judgment as in cafe of a nonfuit. I94> 5 F. 6g^. to put off trial, for the abfence of a witnefs. - - ip6 CHAP. XXXIV. A. 698. Venire facias. - - I99 B. 701. Dyiringas juratores. - - 2 00 C. 715. The like, where a view is to be had. 203, 4 CHAP. XXXV. A. 720. Zuhpcena ad ieftificandum. - 207,8 B. 72 '• ' " ■ duces tecum. - - 209 C. 725. Interrogatories. - « 210, il CHAP. XXXVI. A. 727. Record of mfi pr'ius. - - 197 B. 745. Affidavit of the due execution of an arbi- tration bond. - - 215 C. 749. Affidavit of demand and refufal, ^c. to ground attachment. - 216, 17 D. 750. The like, for leave to fign judgment, l^c. where a verdidl is taken for plaintiff's fecurity. - - Id, CHAP. XXXVII. 804. Pojleas. - *^ 218, isfe. CHAP. XXXIX. A. S37. Affidavit of increafed cofts. - 241 B. 839. Judgments for the plaintiff, on verdicl. 27<5, b*r. TABLE. xiii CHAP. XL. B. 875. Affidavit for entering fuggeflion, on court of confcience a£l. - - 242 C. 892. Petition to fue in forma pauperis^ - 9 D. — Affidavit In fupport thereof. ~ CHAP. XLL Id. A. 930. Fieri facias. 302, ^c. B. 941. The like agalnft: an executor, de bonis tef- tatorisy iffc. 304. 307 C. 942. Return of nulla bona and a devafavit. 318 D. — Fi. fa. or ca. fa. againft an executor or admlniftrator, de bonis propriis. 33^- 378 £. 947. Returns to fieri facias. 313, ^C F. 948. Alias feri facias. * 318 G. — Pluries feri facias. - ~ Id. H. — 'Teflat'um feri facias. - - 319 L 952. Fieri facias for the refidue. 324 K. 95c. Fieri facias de bo?iis ecclefiaflicis » 329 L. 951. Sequeftration. 333 M. 953. Venditioni exponas. 338 N. — The like for part, and feri facias for the refidue. - - - Id. 0. - Dfringas nuper vicecomitcm. - 340 P. 956. Elegit. 34S><' 0^959- Inquifitlon thereon. • * 347 R. 963. Extent againft an heir. 356,7 S. 968. Capias fi laicus. 358 T. — Levari againft a clerk. , 360 U. — Extent on a ftatute-ftaple. U. V. 969. Liberate thereon. 361 W. 972. Immediate extent. 362 X. — Extent in aid. . . - 366 Y. 978. Capias ad fatisfaciendum. 369, iSc. Z. 979. Alias capias. * 373 A.2.— Tejiatnni capias. - *^ Id, B.2.980 . Exigi facias. « - - 382 C. 2. D.2. — E. 2. — . F. 2. — G.2. 990 H. 2. — - r. 2. 994 M.2. 99S s'lv TABLE. C. 2. cfSc). Notice by infolvent, of intention to peti- tion on the lordb'-a£l. - 383 Affidavit to be annexed thereto. 385 Petition. - - 386 Affidavit of fervice of notice. - 385 of gaoler's fignature of certificate, 387 of fervice of rule, i^c. - Jd» Note for payment of allowance. - 388 Notice on compuifive claufe, to prifoner. Id, N. 2. 997. The like, to other creditors. - 389 0.2. 99B. The like, to ffierifF or gaoler. - 390 N. 2. 1005. Warrant of attorney, to acknowledge fatisfaftion. - - 392 0.2. — Satisfadtion-piece, ^ 393 CHAP. XLII. Entry of recognizance of bail in the adlion. 99, bfc. Scire facias againft bail in the adlion. 394 Recognizance of bail in error. - 477 Scire facias againft bail in error, on a re- cognizance taken in the King's Bench. 400 E. — The like, on a recognizance taken in the Common Pleas. - - 399 F. 1033* Scire facias on judgments. - 4l8> ^d, G. 1038. for further breaches, on the 8 y 9 7r. ///. c. II. § 8. - 430 H. 1040. Scire feri\nc\n\ry. - - 432 I. 1049. Scire facias by l>aron zndfemey on a judg- ment recovered by i\iQ feme dum fola. 439 K. 1052. ■ by affignees of a bankrupt. 440 L. 1054. ■- on the death of a party, after interlocutory and before final judgment. 441 M. I055' Final judgment thereon. - 461 N. ioi;9. Scire facias by and againft executors and adminiftrators. - ^ 447> ^<^' O. 1 06 1. againft tertenants. - 450 P. 1065. Returns X.Q fire facias, generally. 455 CX , — The like, againft heirs and tertenants, 457 R, 1065. A. 1037. B. 1019. C. 1020. D. 1021. R. 1065. S. 1068. T. U. — V. 1 069. w. _ TABLE. X7 Alias fcire facias. - 400. 459 Entry of proceedings and judgment by default, \n fcire facias againft bail. 404 The like, in other cafes. - 45 9» ^c Note of appearance. - - 407. 463 Declarations \n fcire facias. 407. 463, ^c. The like, againft heirs and tertenants. 465 CHAP. XLIII. A. 1097* Writ of error from the Common Pleas to the King's Bench. - 470 B. — Writ of error coram nobis. - ^6S C. — ^ ■ ■ from the King's Bench to the Exchequer-chamber. - 471 D. 1098. •■ from the King's Bench to the Houfe of Lords, dire<5tly. - 474 E. — The like, after affirmance in the King's Bench. - - /J. F. — in the Exche- quer-chamber. - - 47^ G. 1099. Note of allowance of writ of error. 47^ H. iioo. Rule of allowance, on a writ of error coram nobis. - - j^6g L 1 1 17. Recognizance of bail in the Common Pleas, on a writ of error to the King's Bench. -• - - K. — Recognizance of bail in the King's Bench, on a writ of error to the Ex- chequer-chamber. - - 47^ Notice of bail in error. - - 476 Rule to certify the record. - 481 Scire facias quare executionem non, pending error. - - - 425, 6 Rule to appear thereto. - - 484 Rule to aliedge diminution. - Id. Rule to affign errors. - Id, Affignments of error in fai^:" - 485, ^c-,, S. ii4i«. L. 1118. M. 1120. N. 1134- 0. II35- P. i'37- Q^ "39- R. 1140. 399 *vi TABLE; S. 1 141. Affignmentsofgene/al errors. In law. 490.502. 507 T* — - fpecial errors, in law. 490. 493. 502, 3 U. 1 143* Certiorari for an original writ, bill or warrant of attorney. 492. 494- 504, 5 Rule to return certiorari. - 492 Scire facias ad attdiendum errores. - 495 The like againft tertenants, ad audiendurn proceffum ct recordum. - 498 Iflue on error coram tiobisi - 569 The like on error in law, in the King's Bench; - - 510,^^. The like, in the Exchequer-chamber. 515 Affirmance of judgments. 525- S^?* 53' Reverfal of judgments. - 526 Fieri facias J after nonpros OX affirmanee. 534, l^e* Capias ad fatisfaciendiim. ~ S39> 4^ V. 2. — Remittitur of proceedings to the King's Bench, after affirmance in the Ex- chequer-chamber. - $2B G. 2. — ^ The like, after affirmance in the Houfe of Lords. - - - 532 ti.2. II73' Scire facias quare re/iiiiiticfiem ncn. 54.1,2 L 2. ii75« Writ of falfe-judgruent. - - 546 V. 1145- w. 1 149. X. 1150. Y. 1156'. Z. — . A. 2. 1159. B.2. 1 161. €.2. — b.2. 1171^ E.2. _ PR AC- PRACTICAL FORMS, Esfr. Esfc. l^c. 3^5^CS^»> before our lord the king at Wejlmhi' style of the tK Jler^ of the term of Zaint Michael^ in the for- ""'^* tieth year of the reign of our fovereign lord George the third, by the grace of God of Great Britain^ France^ and Ireland^ king, defender of the faith, and fo forth, and in the year of our Lord one thou- fand feven hundred and ninety-nine. To C. D. Efquire, one of his majefty's juftices of Notice of afnon 1 • , r 1 r ^° a juftice, by the peace m and for the county ot ^. the fany, for Sir, YOU having, on or about the — — day of • laft, as one of his majefty's juftices of the peace in and for the faid county of , caufed me to be apprehended, and unlawfully com- mitted to a certain common gaol or prifon called —— in and for the fame county, and to be there imprifoned, and kept and detained in prifon there, without any reafonable or probable caufe v/hatfo- ever, for a long fpace of time, to wit, for the fpace of_— — « then next following; I do therefore, ac- B cording falfe imprifon- menc. NOTICES OF ACTION. cording to tlie form of the ftatute in fuch cafe made and provided, hereby give you notice, that I fhall, at or foon after the expiration of one calendar month from the time of your being ferved -with this notice, caufe a writ of to be fued out of his majefty's court of King's Bench at Weftminfter againft you, at my fuit, for the faid imprifonmenr, and fhall proceed againft you thereupon according to law. Dated this —— day of 179 — . Your's, ^c. A.B. indorfement E. F. of, ^f. attorney for the within- named A. B. laereon. falfe imnriioa- ment. Notice of aaion To C. D. Efquire, one of his majefty's juflices, t^fc. to a juftice, by the ottornty, tor SiR, YOU having, on or about the day of laft, as one of his majefty's juftices of the peace in and for the faid county of , caufed A.B. of \^c. to be apprehended, ^c. \ I do therefore, as the attorney of and for the faid A. B. in this behalf, ac- cording to the form of the ftatute in fuch cafe made and provided, hereby give you notice, that I fliall, at or foon after the expiration of one calendar month from the time of your being ferved with this notice, caufe a writ of to be fued out of his majefty's court of King's Bench at Wejlminjler againft you, at the fuit of the faid A. B. for the faid imprifonment, and ftiall proceed againft you there- upon according to law. Dated, ^c. (Indorfement, as before.) Your's, ^c. E.F, Attorney for the faid A. B. To NdtlCES OF ACTioisr. To C. D. and E. F. officers of his majefhy's The like to cuf- tom-h'-ufe offi- CuftomS. cersbythe/'ijnj, for ftuinga brig, YOU having, oh cir about the •■ day of &c. laft, as officers of his majefty's cuftoms, tinlawfully feized and taken polTeffion of a certain brig or veflel called , together with her tackle, apparel, furniture, and flores, of and belonging to me A. B. of, i^c. and being of a large value, to witj of the value of ■ /,, and from thence hitherto ^ tinlawfully kept and detained the faid brig or veffel, and her tackle, apparel, furniture, and ftores afore- fa'd, and converted and difpofed thereof to your own ufe ; I do therefore, according to the form of the ftatute in fuch cafe made and provided, hereby give you notice, that I (hall, at or foon after the expiration of one calendar month from the time of your being ferved with this notice, caufe a writ of to be fued out of his mnjefty's court of King's Bench at Wejimlnjler again ft you, at my fait, for the faid trefpafs, and fhall proceed againft you thereupon according to law. Dated, l^c. (Indorfement, as before.) Your's, ^sfc. A.B, To C. D. and E. F. officers of his majefty's Exciie. T^"" ^^^ ^° -'^' cife officers, by YOU havin?, on or about the day of t^^ cmmcy, iot ^ ' feizing goods. laft, as officers of his majefty's excife, unlawfully feized, taken, and carried away a large quantity, to wit, two hundred pounds weight of foap, belonging to A. B. of, feV. and being of a large value, to wit, of the value of /., and converted and difpofed ^h^eof to your own ufe j I do therefore, as the at- ■■ B % torney 4 NOTICES OF ACTION. torney of and for the faid A. B. in this behalf, ac- cording to the form of the flatute in fuch cafe made and provided, hereby give you notice, that I (hall, at or foon after the expiration of one calendar month from the time of your being ferved with this notice, caufe a writ of to be fued out of his majefty's court of King's Bench at Weftminjler againft you, at the fuit of the faid A, B. for the faid trefpafs, and fliall proceed againft you thereupon according to law. Dated, l^c, (Indorfement, as before.) Your's, l^c. E,F. Attorney for the faid A. B. The like by the To C. D. and E. F. officers of his majefty's Excife. party, another way, for ftopping J j^Q hereby, according to the form of the ftatute and detaini.Tii the , ' . . yiaintiff's horfe in fuch cafS; «nade and provided, give you notice, andcart, &c. ^^^^ j ^^^ ^-^ ^^ attorney Mr. E. F. of, ^2^^. at or foon after the expiration of one calendar month from the time of your being ferved with this notice, caufe a writ of to be fued out of his majefty's court of King's Bench at Weftminfter, againft you, at my fuit j for that you the faid C. D. and E. F. on the day of laft, with force and arras, feized and laid hold of my horfe, of a large price, v/hich was then paffmg in and along the king's highway, and drawing my cart, of a large value, wherein I was then riding and going in, and about my lawful and nccefiary affairs and bufinefs, and without my licence or confent, and againft my will, ftopped and detained me and my faid horfe and cart, for a long fpace of time, to wit, for the fpace of — — , during which I not only loft and was de- 13 prived DEMAND OF COPY OF "WARRANT. pTivcd of the ufe and benefit of my faid horfe and cart, but was hindered and prevented from doing and tranfa6ling my lawful and neceflary affairs and bufinefs : And alfo for that you the faid C. D. and £.F. on the faid day of la ft, with force and arms, feized and took my faid horfe and cart, and kept and detained' the fame againft my will, for another long fpace of time, to wit, for the fpace of , during which I loft and was deprived of the ufe and benefit of my faid horfe and cart: And alfo for that you the faid C. D. and £. F. on the faid day of laft, with force and arms, aflaulted, beat, bruifed, wounded, and ill-treated me, and imprifoned me, and kept and detained me in prifon, without any reafonable or probable caufe whatfoever, for a long fpace of time, to wit, for the fpace of , contrary to the laws .'and cuftoms of this realm, and againft my will •, and rent, tore, damaged, and fpoiled my cloaths, of a large value, which I then had on and wore : and other wrongs to me did, to my great damage, and againft the peace of our lord the now king. Dated t^c. (Indorfement, as before.) Your's, dffr. A.B. 1 DO Hereby, as the attorney of and for A. B. Demand on a r t^ ,. ,- rio • r ^ conftable, of the or, cfTf. accordmg to the fovm or the itatute in luch perufai and copy cafe made and provided, demand of you, the perufai "^ a warrant, and copy of the warrant, by virtue or under colour whereof you did, on or about the day of — — laft, apprehend the faid A. B. and carry and convey B 3 him ■O INI' ANTS. him in cudody, to and before G. H. efquire, one of his majeily'sjullices of the peace in and for the cgun- fy of . Dated this day of 179 — , Your's, Is'c. E. F. Attorney for the faid A. R, To Mr. C. D. The like on 3 I DO hereby, as the attorney of and for ^. E. of, <3'c. according to the form of the flatute in fuch cafe made and provided, demand of you the perufcil and copy of the warrant of commitment and detainer, pnder which you received into your cuftody the faid. ^. B. on or about the day of laft, and ]cept and detained him in cuftody for the fpace of *— — - then next follovv'ing. Dated, ^V. Your's, i3'i: E.F. Attorney for the faid j^. B. > To Mr. C. D. • ■ A, B. p}aint>ff. In the King's Bench. . and C. D. defendant, j^etibii by an To the Right Honourable Lloyd Lord Kenyon, kiueJ % fue\y ILqxA. Chief Juftice of his Majefty's Court of Procbcin ami. King's Bench. The humble petition of A. B. the plaintiff In this caufe i Sheweth, THAT your petitioner has, as he is advlfed, good (?^ufQ of adlion againft: the above-named C. D. for a 15 breach INFANTS. breach of promife of marriage, and that your peti- tioner has lately commenced an a£lion In this ho- nourable court again ft the faid C. D. for the fame, but in regard that your petitioner is an infant, under the age of twenty-one years, to wit, of the age of Your petitioner therefore humbly prays your lord- fiiip to admit him to profecute the faid action by E. F. of, <3'c. your petitioner's ne:ct friend. And your petitioner fliall ever pray, feV. I DO hereby confept and agree, that the above- Cnnfent of /-va^. named A. B. fhall be at liberty to profecute this a£lion, by me as his next friend, according to the prayer of the above petition. Witnefs my hand this day of 1 79 — Witnefs G. H. E. F. C. D. defendant. In the King's Bench. and A. B. plaintiff. G. H. of, ^c. maketh oath and faith, that A. B. Affidavit of %- ,, ii-*rrfi 1 • J- nature ot petition the above-named plamtirr, din on the day of andconfent. inftant, duly fign the petition hereunto an- nexed, in the prefence of this deponent : And this deponent further faith, that at the fame time he was prefent, and did fee E. F. the perfon mentioned in the prayer of the faid petition, duly fign the confen; or agreement thereunder written, as the next friend of the faid A. B. Sworn, ^V. G, H, B4 IT JNFANTS, Rule of court thereupon. IT is ordered by the court, that E. F. be admitted to profecute for jd. B.^ who is under the age of twenty-one years, againft C. D., a certain a£lion of trefpafs on the cafe, (or as the a£lion is,) in the court of the lord the king before the king himfelf, as the next friend of the faid yi. B, during his minority. By the court. Ruleof cfiurtfor the admiflion of a guardian for defendant Cenetal admlfr fion to profecute and defend; &c. IT is ordered by the court, that G. H. be admitted to defend for C. D., who is under the age of twenty- one years, at the fuit of ^. -B., a certain a£iion of trefpafs on the cafe, (or as the a£lion is,) in the court of the lord the king before the king himfelf, as the guardian of the faid C, D. during his minority. By the court, £. F. is admitted to profecute and defend for A. B., who is under the age of twenty^one years, all and all manner of a£lions, fuits, and controverfies whatfoever, in the court of the lord the king before the king himfelf, as the next friend and guardian of the faid A. B. during his minority. Admitted the • day of — ^ 179 — ♦ Kenyoftc PAUPERS. ^ A. B, plaintiff, in the King's Bench. and C. D. defendant. To the Right Honourable Lloyd Lord Kenyan, Petition to fue Lord Chief Juftice of his Majefty's Court of '■''>'"^>''/^'""^- King's Bench. The humble petition of A, B. Sheweth, THAT the faid defendant is juftly indebted unto your petitioner, in the fum of /. for the work and labour of your petitioner, done for the faid de- fendant at his requeft ; and your petitioner hath not as yet commenced any aftion againft him for the fame, being unable (or, hath commenced an a6lion againft him for the fame, but finds himfelf unable) to carry on the faid caufe, on account of his extreme poverty, as appears by the affidavit hereto annexed. Your petitioner therefore moft humbly prays, that he may be admitted to profecute his faid adlion in forma pauperis, and that£. F. Efquire maybe affigned to him as his counfel, and G. H. Gentleman as his attorney, to profecute his faid fuit. And your petitioner fliall ever pray, ^c. I humbly conceive, that the faid petitioner Certificate of Jiath good caufe of adlion againft the abovenamed """^'^ '^"'°"' C. D.y and humbly confent to be his counfel. A. B of, t^c. maketh oath and faith, that he is Affidavit in fup- not worth five pounds in the world (fave and except pedcion! his wearing apparel, and the matter in queftion in this caufe). Sworn, £5*.-. A. B. lO MEMORANDUM O? WARRANT, ScC. ivor, ■arAinn ln t^^e Couvt of King's Eench. of wiir.mt lor Jjlaiiltitr. MiddlefcXy (to wit). E. F. is retaliiec! to pro- fecute by ^. L. as his attorney, againll C. V. Nq. (on ^ E. F. plaintiff's attorney, the file). 3 If by an agent to the attorney immediately re- tained, add, by E. F. his agent. Entered, or filed of record, this day of hi the year of the reign of king George the third. (OfEcer's name.) i^ierUay, or Muldkfex, (to Wit), yf. B. complains of C. D. plaint in trerpifs. i r • i /-. t-v i i r For that the faid CD. on the day of in the year of the reign of our lord the now king, with force and arms, tjc. broke and entered the clofe of the faid A. B. at in the county afo'/efaid i and other wrongs to him did, to the da- mage of the faid A. B. of A, and againfl the peace of our faid lord the now king, ^r. John Do^i Pledges to profccute, and Richard Rce. The fheriff is commanded, that he attach C. D. Attachment theteon. fo that he be before our lord the king at IVefl- tnift/Ier, on next after . to anfwer A. B. of a plea of trefpafs, and tliat he have there then this precept. ' By bill. Way. The PROCESS NOT BAILABLE. U The within-named defendant hath nothing in my Return thereto. bailiwick, by which he can be attached. The anfwer of (heriff. MiJdlefeXy (to wit). Bill for ^. B. againft CD. Precipe for bill of Middlelex not returnable on — next after . baiiabi?. E. F. attorney. 179—. Middle fex, fto wit). The fherifF is commanded Biiinf Middlefet ■ , . T, . r , ^ r 1 not bailable. , to take C. D. and Richard Roe^ if they be iound in his bailiwick, and them fafely keep, fo that he may have their bodies before the lord the king at Wejlminjlery on next after — — to anfwer A. B. of a plea of trefpafs j and that he have there then this precept. BybilL Way. Mr. C. D. You are ferved with this procefs, to the intent N >tice to ajpear* that you may by your attorney appear (if againft man and wife, fay, *' for yourfelf and your wife") in his majefty's court of King's Bench at WeJtm'inJ}er, at the return thereof, being the ■ • day of next, (or inftant,) in order to your defence in this action. E. F. Tempk. E.F. Temple, 179 — • Indorfement. Plaintiff's attorney (or agent). 119— Middkfex, (to wit). J/ias (or plurles) bill for Precipe for aim J ' ^ ^ or ph/ries bill of 4. B. againft; C. D. returnable on next Middiefex. after . E. F. attorney. Middle/ex^ ,'iiias *bk. PROCESS NOT BAILABLE. . arplurics Middlefexy (to wit). The flierifF is comman(]ed, fex ° ' ^" as before he was (or as oftetithncs before he hath been) commanded, to take C. D. and Richard Roe, yc. (as in the bill of Alidd/e/exy altering the return). Tranpe far lat'w — — (to wIt). Latitat for A. B. againfl CD, lat not bdiiable. . - , , ^ trelpals, returnable on next atter . E. F. attorney. 179—. latitat not balU George the Third, isfc. to the fherifF of , greeting : Whereas we lately commanded our fhCf rifF of Middle/ex, that he fnould take C. D. and Richard Roe^ if they (hould be found in his bailiwick, and them fafely keep, fo that he might have their bodies before us at Wejiminf.er^ at -a certain day now paft:, to anfwer A. B. of a plea of trefpafs ; and our faid iheriff of Middlefex at that day re- ' , turned to us, that the faid C. D. and Richard Roe were not found in his bailiwick; whereupon, on the behalf of the faid A. B. it is fufficiently teftified in our court before us, that the faid C. D. and Richard Roe do run up and down and fecretc them- felves in your county : Therefore we command you, that you take them, if they fliall be found in your bailiwick, and them fafely keep, fo that you may Iiave their bodies before us at Wejimitijler, on — ■■ — next after , to anfwer the faid A. B. of the plea aforefaid, and have there then ■ this writ. Witnefs Llo'^d Lord KenyofJy at Wejlminjier^ the — — day of in the year of our reign. Way, Notice to appear, and indorfement thereon, as before, p 11. ■ (to DIRECTIONS OF PROCESS. 1 3 — ■■ (to wit). Alias {or pluries) capias iox A, B. Pr^^^ife (or allis againft C. D. trefpafs, returnable on next nof bTiiabief" after - — . E. F. attorney. 179— • George the Third, ^c. to the (herifF of , ^lin or plurki -\\r 1 1 r , ,. ^ capuii nut bail- greeting : We command you, as before (or " as often- able. /7>wf J- before") we have commanded you, that you take C. D. and Richard Roe^ if they fliall be found in your bailiwick, and them fafely keep, fo that you may have their bodies before us at Wefuninfle-y on next after to anfw^er A. B, oi % plea of trefpafs; and have there then this writ. Witnefs, ^V. TO the {heri§\ (or fherlffs) of our city (or town DIreaion to th? Aeriffor Iherirf'J of a city, or town and county. and county of the tovv'n) of . ^f ^ ^^^^^ „^ And note ; the cities of Canterbury y Exeter , hitch' field, and Worcejler, and the towns of Kingflon-iipon- Hully Newcafile upon-Tyne, Pooler and Southampton^ have only one fherlfr; but the cities of Brijloly Che fiery Coventry, Gkucefery Lincoln y Londotiy Nor- luich, and Torky and the town of Nottinghanjy have two fhe riffs. TO the coroner of our city o( London y (or co- The like to the roners of our county of ). coroner, TO our chancellor of our county-palatine of Lan- The like to a eatery or to his deputy there. cuunty-paatme. TO 14 DIRECTIONS or PROCESS. TO our chamberlain of our county-palatine of* Chejlery or his deputy. TO the reverend father in God by divine permiffion lord bifliop of Durham^ or to his charf- eellor there. The like to the TO our conflable (or lieutenant) of our caflle of cinque -ports. jy^y^.^^ or to hls deputy there. The like to the TO our juftlces of the blfliop of -£7j, affigned to ^' hold pleas within the ifle of E/y, and to the fleward df the fame bifiiop within the liberties of the ifle aforefaid, and to every of them : Or thus ; To our trufty and well-beloved our chief juftice affigned to hold the feffions of pleas within the liberty or royal franchife of the honourable and right reverend father in God — — by divine per- mifHon lord bifhop of Ely, within the ifle of E/y^ in the county of Camhridgey and to — — chief-bailifF of the faid bifhop, within the liberties of the fald ifle, and to each of them. The like ta TO the mayor and bailiffs of our borough o£ Ber-wick, Berwick-upon-Tiveed. C 15 3 S/2 p CO < S 2 c ^ a. c/3 ^*, -C rt " ^ !_ I- I, „" ,s a 2 S :-. X X X C = C c OOOO •-I rl ro •+ ^"^: " IS 3 U c ° ^ 5 o l_ M ^ C 1/J r4 w h W E w 5 p o "^i '^ cq t^ <^ « >< ^ X >< >< O) D 1, (U (J c c e = c c C c c c ooooo M el CO ^ vr» ^ '« ^ ^ o ^ W fS (S ^ "o i^ tS O ° ™ CJ tf -^ 5 g C OJ o E S^ " c< t^ ■* "> c4 c ii " i> •£•5 «-s ^ h •— •-■ ^«J « OJ u *^ "(j <43 "5 . "5 .£ 't: ^ « t! "• c •= >*-. <4- to , O C -^ £3 111 c c d a H 0000 crt OoOO i '% i -H I 2 » S. o 2 -S "o « t^-i- 16 AFFIDAVITS OF DtBT, &C. In the King's Bench. Affidavit of debt, J. B. of *, malcetli oath and faith, that for money lent, q jy jg j^j^j^ ^^^ j^^jy indebted to this deponent in the fum of /• for money lent and ad- vanced by this deponent to the faid C. D. and at his requeft : And this deponent further faith, that no offer has been made to pay the faid fum of /, or any part thereof, in any note or notes of the Governor and Comi any of the Bank of Eng' lattdi exprefled to be payable op demand. A.B, Affirmation of a Sworn at the bill of Middle/ex-^ oflice, (or kinji's bench office or l filacer's office, as the cafe may be,) j this day of — — 179 — , before I (the officer's name). Or if in the country, " at • , the day of 179 — , before — — a commiffioner." If the plaintiff be a Quaker, his affirmation is as follows, w'z. J. B. of, ^c. (being one of the people called Quakers) folemnly affirms, that C. D. is juftly in- debted to this affirmant in the fum of /. for money lent and advanced by this affirmant to the faid C Z). at his requeft. If the perfon who makes the affidavit be the wife or fervant of the plaintiff, the affidavit is in the fol- lowing form : Affidavit of debt E. F. wife of A.B.o^, hfc. (or E.F. of, ^t, ■vant. fervant to J. B.) makethoath and faith, that CD, • By rule of Mich. 15 Car.ll. the true place of abode and addition of every perfon making an affidavit in this court, muft be Inferted therein, i« AFFIDAVITS OF DEBT, 8cC, fj 'IS juflly and truly indebted to the faid J. B. in t!ie fum of /. for money lent and advanced by the faid A. B. to the faid C. D. at his requeft. For money paid, laid out, and expended by this F°"^ ™°"^y P^""^- deponent for the faid C. D. at his requeft. For money had and received by the faid C Z). to Money had and t rcccivcci and for the ufe of this deponent. For money lent and advanced, and paid, laid out, Money lent, laid and expended by this deponent to and for the ufe of received. the faid CD. and at his requeft, and for other mo- ney had and received by the faid C D. to and for the ufe of this deponent. For money due and payable from the faid CD. lntereftofmo« to this deponent, for intereft upon and for the for- bearance of divers large fums of money, lent and ad- vanced by this deponent to the faid C D. (or due and payable from the faid C D. to this deponent,) and by this deponent forborne, for divers long fpaces of time now elapfed, at the requeft of the faid C. D. For fo much money due from the faid CD. to Account ftated. this deponent, upon the balance of an account fbated and fettled between this deponent and the faid CD. For work and labour, done and performed by this Work and la-. deponent for the faid C. D. and at his requeft. For work and labour, done and performed by this The like, by deponent and his fervants, and with his horfes, fervants/" ith^ C carts, borfes,&c. l8 AFFIDAVITS OF DEBT, &C. carts, and carriages, for the faid C. D. and at hts tequeft. For wtfrtc and For work and labour done and performed, and terials.* materials found and provided, by this deponent for the faid C. D. and at his requeft. Servant's wagts. For wages due and payable from the faid C. D. to this deponent, for the fervice of this deponent, done and performed as the hired fervant of the faid C. D" and on his retainer. Work and labour For work and labour, done and performed by as a furvejor. , . , -. • i > . this deponent, as a furveyor, in and about the drawing of divers plans, elevations, and fe^tions of buildings, and the furvcying and fuperintending the ere6lion thereof, and in and about the admeafure- ment and valuation of certain works, and the pay- ment of certain workmen's bills, for the faid C. D. and in and about other the bufmefs of the faid C. D, and at his requeft. The like, as a Fof work and labour, care, diligence and attend- SSy.""^'^"' 2"ce, done performed and beftowed by this de- ponent, as a furgeon and apothecary, for the faid C. D. and at his requeft, in and about the healing and curing of the faid C. D. (and divers other per- fons) of divers difeafes, diforders and maladies, under which they had refpecflively laboured and languiflied ; and for divers medicines and other ne- cefTary things, found and provided, adminiftered, de- livered and applied by this deponent on thofe occa- fions, for the faid C, D. and at his like requeft. For Affidavits of DEsr, &c. i^ For work and labour, care, diligence and attend- "The like, as an 1 r 1 1 I n 1 1 » • I attorney, and for ance, done pertormed and beltowed by this depo- fees, where a fuit nent, as the attorney .md folicitor of and for the """'^■'*°"' faid C. D. and on his retainer^ in and about the profecuting, defending, and foliciting of divers caufes, fuits, and bufincfles for the faid C. D. and for certain fees due and of right payable to this deponent in refpe<5l thereof. For work and labour, care, diligence and attend- The like, for ance, done performed and bellowed by this depo- J^*'"^ ^^^^^^ nent, in and about the drawing, copying, and en- groffiiig of divers deeds and writings for the faid C. D. and in and about other the bufmefs of the faid C. D. and at his requefb. For goods for a horfe, i^c.) fold and delivered "Por go-yi-., &c. . fold and deliver. by this deponent to the faid C. D. and at his requeft. ed. For goods bargained and fold by this deponent to ^^^^^ bargained ^ . and lold to de- the faid C. D. and by virtue of that bargain and fenJant, and dc- fale delivered to one E. F. at the requeft of the faid peXn. C. D. ' " For fo much money, which the faid C. Z). pro- For money • /- J J 1 ^ ... agreed to be paid miied and agreed to pay to this deponent, together on an exchange with a certain horfe of him the faid C. D. in ex- ^^^°'^^'- change for a certain horfe of this deponent. For meat, drink, wafiiing, lodging, and other ne- NecefTarlPs found ceffaries, found and provided by this deponent for ^"^ ^'°'''^'^- the faid C. D. and at his requeft. For divers medicines and other neceffary thing©, Medclne«, &c, f©«nd and provided, adminiftered, delivered and ap- C 2 plied 20 Hire of horfes, AFFIDAVITS OF DEBT, ScCc" plied by this deponent, as an apothec?.ry, for the fcud C. D. ^and divers other perfons) at his requeft. For the ufe and hire of divers horfes mares and geldings, and of divers chaifes and other carriages, (or of certain lighters and other vefTels, or of certain houfehold goods and furniture,) It-t to hire and de- livered by this deponent to the faid C. D. and at his requeft. Horfemeat, Sec. For horfemeat, flabling, care, and attendance, found provided and bellowed by this deponent, for in and about the feeding and 'keeping of diver* horfes, mares, and geldings, for the faid C. D. at his requeft. Agiitment 0/ cattle. Freight, &c. ©eiriurrage. For the agifting, depafturing and keeping of divers cattle, by this deponent for the faid C, X). and at his requeft. For freight, primage, and average, due and pay* able from the faid C. D, to this deponent, upoil for and in refpedl of certain goods, carried and con- veyed by this deponent, in and on board of a certain fhip or veffel, for the faid C. D, and at his requeft. For the ufe of a certain fhip or veflel of this de- ponent, (or Vv'hereof this deponent is mafter,) re- tained and kept by. the faid C. D. with certain goods and merchandizes aboard thereof on demurrage, for a long fpace of time now elapfed, at the requeft of the faid C. D, For AFFIDATITS OF DEBT, &C. 21 . Far the lighterage of certain goods, carried and Lighterage. conveyed in certain lighters and other veffels of Xhis deponent, for the faid C. D. and at hisrequeft. For a certain meflliage or tenement and premifes Freehold pre- - . ^ i_ i_. mi fes bargained With the appurtenances, or this deponent, by nim and fold, bargained fold and releafed to the faid C, D, at his requeft. For certain mefluages, ^c. of this deponent, by Copyhold pre- - . , . , r 1 1 1 r 1 1 1 J. . J miles furrender- him bargained lold and iurrendered to the laid ed. C. D. at his requeft. For certain meffiiages, l^c. of this deponent, by Leafehoid pre- him bargained fold and affigned to the faid C. D. "*' ^ g" • at his requeft, for the remainder of a certain term of years therein. For the ufe and occupation of a certain dwelling- ufe and occupa - , - , r— : — . y r r i t'O" ot ahoufe, houie, (or ot a certain dwelling-houie, larm, and -^^ lands,) with the appurtenances, of this deponent, held and enjoyed by the faid C D. as tenant thereof to this deponent, for now elapfed. For the ufe and occupation of divers rooms and The like, of apartments, in and parcel of a certain dwelling-houfe of this deponent, held and enjoyed by the faid C. D. ,as tenant thereof to this deponent, for ■■ now elapfed. On a promiflbry note, drawn by the faid C. D. On a promlfTory note, payee payable to this deponent, on demand (or at a certain againft drawer. day now paft). c ^ As 22 AFFIDAVITS OF DEBT, &C. Indorfee agaihft diawtr. As indorfee of a promlflbry note, drawn by the faid C. D, payable to one £. F. or order, at a cer- tain day now pad, and by him iadorfed to this de- ponent. On a bill of exchange, drawn by one E. F. upon, d accepted by the faid C. D. pa ponent, at a certain day now pad. On a bill of «- againft'accepwr. 3^^^ accepted by the faid C. D. payable to this de Payee againft On a bill of exchange drawn by the faid C. D. upon one E. F. and payable to this deponent, at a certain day now paft. ladorfee againft acceptor. As indorfee of a bill of exchange, drawn by one E. F. upon and accepted by the faid C. D. payable to the faid E. F. or his order, at a certain day now paft, and by him the faid E. F. indorfed to this deponent. Indorfee agamfV As In^orfce of a bill of exchange, drawn by the faid C. D. on one E. F. payable to the order of th? faid C. D. at a certain day now paft, and by hii'^i the faid C D. indorfed to this deponent. On a money- For principal and intereft due on a bond, bearing date, ^c. and made and entered into by the faid CD. to this deponent, in the penal fum of /. conditioned for the payment of /. and in- tereft, at a certain day now paft. On an annuify- i«nd. For the arrears of a certain annuity, due to this deponent, upon and by virtue of a bond, bearing datt, {5c, and made and entered into by the faid 5 C. D. AFFIDAVITS OF DEBT, &C. 2^ C. D. to this deponmt, in the penal fum of . /. conditioned for the payment of the fum of — — /. a-year to this deponent, by the faid C. D. during the life of the faid C. D, — — indebted to E. F. in truft for this depo- Bytheaflignee nent, in the fum of /. for principal and in- tereft due on a bond, bearing date, is'c. and made and entered into by the faid C. D. to the faid S. F, in the penal fum, ij'c. and which bond hath been fmce duly afligned by the faid £. F. to this depo» jient, ui. B. of, Is'c. and C. D. of, l^c. feverally make The like, an« oath and fay; and firft, this deponent A. B, for "' "'^"y* himfelf faith, that E. F. did by his bond, bearing date, tlfc. become bound unto this deponent in the penal fum of — — /. conditioned for the payment of the fum of /. and intereft, at a certain day now paft ; and this deponent further faith, that he did by indenture, bearing date, t^fc, for a good and valuable confideration, affign, transfer, and fci over unto the faid C. D. the faid bond, and all monies due and to grow due thereon ; and that he this deponent hath not received the faid fum of ■ /. and intereft, or any part thereof, either before or fince the faid affignment: And this deponent C D. for himfelf faith, that the faid E. F. is jufily in- debted unto the faid A. B. in truft for this depo- nent, as aflignee as aforefaid, in the fum of /, for principal and intereft due on the faid bond, C 4 ^' -B. 24 • AFFIDAVITS OF DEBT, &C. Tor cofts on an ^. B. of, Is'c. makcth oath and faith, that by an order of tlfiprius, , ,,. madearuicof ordcr made at the ainzes held at - in and for court. the county of , on the day of — — I7p — , before the honourable , one of the ba- rons of his mnjefty's court of Exchequer, and , one of the juftices of his majefty's court of Com- mon Pleas at Wejlminjler^ juftices appointed to hold the aflizes in and for the faid county of , in a certain caufe then depending in his majefty's court of King's Bench at Wejlminjler^ wherein this depo- nent was plaintiff and C. D. was defendant, it was ordered, that the trial of the faid caufe ftiould be put off until the then next affizes, on payment of cofts by the faid C. D. ; and that the faid order ftiould be made a rule of his faid majefty's court of King's Bench, if the juftices of the fame court ftiould fo pleafe : And this deponent further faith, that the faid order hath been fince made a rule of his faid majefty's court of King's Bench, and that the cofts of this deponent have been taxed thereon, at the fum of /. and that the did CD. is juftly and truly indebted unto this deponent in the faid fum of . L for the cofts aforefaid, upon and by virtue cf the faid lirft-mentioned order. On a judgment. Upon and by virtue of a judgment of this ho- nourable court, (or of the court of ,) for the (aid fum of /. recovered by this deponent, again ft the faid C. Z). in term laft paft. T'ne i:'ie, on a By virtue of a certain judgment, recovered by turrx/againfi'- ^^^'^s dcponcnt, in this honourable court, againft the an alminiIlr2,tor. q fa'd AFFIDAVITS OF DEBT, &C. SIJ faid C. D. ns aHminlftrator of E. F. deceafed, in term lall palt; atui th;it the fluilff of to a writ oi Jieri facias \^\xt(^ n^oxx the fiiiil judgment, hath re- turned nulla botia^ and a devaJJavit by the faid C. Z), of the effects of the faid E. F. deceafed, to the amount of the faid fum of /. (fum fworn to). A. B. of, &c. maketh oath and faith, that C. D. For p-^nalties orj J.J 1 , r in-n. -rthe lottery iCl* did, on the day or lait palt, receive ot ' jS. F. divers fums of money, in confideration whereof he the faid C. D. agreed to repay to the faid E. F. divers other fnms of money, on certain chances and events, relative to the draw- ing of certain tickets in a certain Engiijh lottery eftablifhed by a£l of parliament, contrary to the form of the ftatute in fuch cafe made and provided ; and the f;nd C. D. hath thereby incurred two pecu- niary penalties of 50/, each; And that this depo- nent intends forthwith to commence an atlion in this honourable court, againfl: the faid C. D, for the recovery of the faid penalties. A. B. of, ^c. maketh oath and faith, that C. D. By one of feveral is juftly and truly indebted to this deponent and goods'fo\d!'^ E. F. in the fum of /. for goods fold and delivered by this deponent and the faid E. F. to the faid C. D. and at his requefl. For goods fold and delivered by this deponent and ^y a Turviv'ng r T7 . , . vr • J r i 11 partner, for goodi one Jb. t. in his liietime, now deceafed, and vi'hom fold. this deponent hath furvived, to the faid C. D. and at his reque fc. ^. the 26 AFFIDAVITS Of DEBT, ScC, By baron and £. the wife of ^. B. of, Is'c, maketh oath and workandia- faith, that CD. is jaflly and truly indebted to the mauriah.'^ faif^ J. B. and this deponent, in the fum of /. for work and labour done and performed, a:id ma- terials found and provided, by this deponent, before her intermarriage with the faid j.4. B. for the faid C. D. and at his requefl. The like, on a £, thc wi^t oi A. B. of, Isc. maketli oath and Tcarsofanan- faith, that C. /). IS jullly and truly indebted to the '""•y* faid A, B. and this deponent his wife, in the fun; of /. for the arrears of a certain annuity or yearly fum of /. upon and by virtue of a cer- tain bond, bearing date, Is'c. and made and entered into by the faid C D. to this deponent, whilft fhe was fole and unmarried, in the penal fum of /. conditioned for the payment to this deponent of the faid annuity or yearly fum of /. free from all dedu^ions and abatements whatfoever, for and du- ring the term of the natural lives of the faid C. D, and G. H. and the life of the longefl liver of them, Ey the afTignees A, B. of, Idfc maketh Oath and faith, that C. D. of a bankiupt, . . „, , . torgooiis loid. IS jultly and truly indebted to this deponent and one B. C, as affignecs of the eftate and effedilis of E. F^ a bankrupt, in the fum of /. for goods fold and delivered by the faid E. F. before he became bankrupt, to the faid C. D. and at his requeil, as appears by the books of account of the faid E. F, in the poffefTion of this deponent and the faid B. C, and as he this deponent verily believes. Thci-ke, ona ^. £^ of^ ^V, One of thc afTignccs of the eftate bond aflig er) to the biJikiupt. and effeds of i?. F, a bankrupt, makeih oath and faith. AFFIDAVITS OF DEBT, ScC. SJf faith, that G. H. did by his bond, bearing date, ^c. be ome bound to J' K. in the fum of /. con- ditionfd for tjie payment of /. and intereft, at a certain day now pad And this deponent fur- ther faith, that th' faid J. K. did, by indenture bearing dtte, l3fc. for a good and valuable confider- ation, afhjjn, transfer, and fet over the faid bond, and all monies due and to grow due thereon, to the faid E F. who hath fince become bankrupt ; and that he this deponent and C. D. are afligiiees of the eftate and effecl'- of the faid E. F : And this depo- nent further faith, that the faid G. H. paid to the faid E. F. before he became bankrupt, the fum of /. i;j part of the money due on the faid bond, by the condition thereof, but that the faid G.H, hath not paid the r?fidue thereof, either to this de- ponent, or, as lie believes, to the faid J. K. or the faid E.F. or the faid C. D.; and that there is now due and owing on the faid bond, by the condition thereof, the fum of / for principal and in- tereft, in which fum the faid G.H. is now juftly and truly indebted unto this deponent and the faid C, D, as affignees as aforefaid. ^. J5. of, ^c. who hath furvived B. Cy which Byafurviving faid //. B. and B. C. in the life-time of the faid B. C. judgment. were affignees of the eftate and effeds of E. F, a bankrupt, according to the force form and eifcO: of the feveral ftatutes concerning bankrupts, maketh oath and faith, that C. D. is juftly and truly in- debted to tliis deponent, as furviving affignee as aforefiid, in the fum of /. uppn and by vir- tue of a judgment of this honourable court, for the faid «8 By ar executor, for goods fold. By executors, on a judgment re- covered by the l^flator. Jn detinue. AFFIDAVITS OF DEBT, Scc* faid fum of /. recovered by this deponent, as furviving aflignee as aforefaid, againd the faid C. D, A. B. of, ^c. executor of the laft will and tefta- ment of E. F. deceafed, maketh oath and faith, that C D. is juftly and truly indebted to this deponent, as executor as aforefaid, in the fum of /. for goods fold and delivered by the faid E. F. in his lifetime to the faid C. D. as appears by the books of the faid E.F. and as he this deponent verily believes. A. B. of, ^c. one of the executors of the laft will and teftament pf E. F. deceafed, maketh oath and faith, that C. D. is juftly and truly hidebted unto this deponent and G. H. as executors of the laft will and teftament of the faid E. F. in the fum of /. upon and by virtue of a judgment of this honourable court, for the faid fum of /, recovered by the faid E. F. in his lifetime againft the faid C. D.; and which faid judgment is ftill in full force and unfatisfied, as appears by the record of the faid judgment, and as he this deponent verily believes. That C. D. has in his pofleflion, and unjuftly de- tains from this deponent, a certain indenture of leafc . of this deponent, bearing date, '(Sc. and made be-^ tvveen the faid C. D. of the one part, and this de- ponent of the other part, and which faid indenture is of the value of /. and upwards to this deponent, who hath demanded the lame. That AITIDAVITS OF DEBT, &C. ajj ■ That C. D. hath pofTefled himfelf of divers goods in trover, for goods. and chattels of this deponent, of the value of ./ which he hath refufcd to deliver to this deponent, and hath converted the fame to his own ufc. That C. D. hath poffefled himf JJ of a certain The Hke, for a . promilfory note. promilTory note of this deponent, bearing date, cfr. whereby one E. F. promifed to pay after the date thereof, to this deponent or order, /. for value received, which faid note is ftill unpaid;'^ and the faid C. D. hath refufed to deliver the faid note to this deponent, and hath converted the fame to his own ufe. That CD. hath polTefTed himfelf of a certaui The like, for a bond or writing obligatory of this deponent, bear- ing date, t3fc. and made and entered into by one £. F. to this deponent, in the penal fum of- /. conditioned for the payment of /. and in- tereft as therein mentioned, which faid bond or writing obligatory is ftill wholly unfatisfied ; and the faid C. D. hath refufed to deliver the faid bond or writing obligatory to this deponent, and hath converted the fame to his ov/n ufe. That C. D. hath poflefled himfelf of divers deeds The like, for and writings of this deponent, of the value of /. which the faid C. D. hath refufed to deli- ver to this deponent, and hath converted the fame to his own ufe. A. B. of> isfc. late a mariner on board the (hip , For an afTault on whereof CD. was mafter and commander, and E.F. ^^^^'^ * ^^* of, ^c. late carpenter on board the faid ftiip, feverally make 3« PROCESS BAILABLE, BY BILL. make oath and fav ; and firft this deponent A. B. fof himfelf fvilth, that on or about the day of --- laft, whilft the fiid fliip was lying in che liarbouf of , the faid CD. came into the fteeri^ge of the faid Ihip, where this deponent then was, and without any provocation whatever laid hoM of t)".is deponent by the collar, and with great force and vi-Ience knocked him down, ^c. {here defcribe th^ circum- Iftances of the afljult) : And this deponent -E. F. for ' himfelf faith, that he was prcfent at the time when the faid C. D. fo came into the fteerage of the faid fliip as aforefaid, and did fee the faid CD, affault and ill-treat the faid A.B. in manner by him above fet forth 5 and that he this deponent did not hear or fee the faid A. B. fay or do any thing to the faid C. D. to merit or deferve fuch ill-treatment : And this depo- nent A.B. for himfelf further faith, that he hath been informed and verily believes that the faid C. D. is a perfon in good circumflances, and well able to make this deponent fatisfa£liun for the faid ill-treatment ; and he hath alfo been informed and verily believes that the faid C D. will foon depart this realm j and that unlefo he fliall be held to bail, this deponent may be deprived of that remedy to which he thinks himfelf entitled by the laws of this country. Prcrapthx Va"l. MlddlefeXy (to wit). Bill for A. B. againfl C. D. able bill of Mid- ^ /- r » -r / ^i n.' - ^ig(sx. ^^fi ^°r *• °" promiies, (or as tne action is,) returnable on next after — — . E. F. attorney, Oath for — — /. by aflfidavit filed. Middle/ex, PROCESS BAILABLE, BY BILL. 3I MidJlefex, (to wit). The fherifF is commanded BalisbkMHof .^ , n ^^ t Midillefex. to take C. D. and Richard Rce^ if they fliall be found in his bailiwick, and them fafely keep, fo that he may have their bodies before the lord the king at Wejlminjier^ on next after , to anfwer A. B. of a plea of trefpafs, and alfo to a bill of the faid A. B to be exhibited againft the faid C. £). for /. upon promifes, according to the cuftom of the court of the faid lord the king, be- fore the king himfelf ; and that he have there then this precept. By bill. IFay. Bail by affidavit for /. Indorfcment T-, T-. ,-r' tlicreon. E. F. Temphy 179—. And alfo to a bill of tlie faid A. and B. as execu- Ac-mam \naf- tors of the laft will and teftament of E. F. deceafed, {f Tiecutois! "^ to be exhibited againfl the faid C. D. for — ■ — -/. upon promifes, according, ^c. And alfo to a bill of the faid A, and B. as adml- xhe Ul:e, at the niftrators of all and fingular the goods, chattels, jj^^^^J^^/''"""'' and credits, which were of E. F. deceafed, at the time of his death, who died intcftate, to be exhi- bited againfl the faid C. D. for — • — /. upon pro- mifes, according, kSc. And alfo to a bill of the faid A. and B. as affignees The like, at the of the ellate and efFeas of E.F. a bankrupt, ac- *f °{f'g"f" cording to the force, form, and effciSl: of the feveral ftatutes concerning bankrupts, to be exhibited againft the faid C D. for /. upon promifes, ac- cording, is^c. And 3i In covenant. In debt On bond, i?ROCESS BAILABLE, BY BILL. And alfo to a bill of the fald A. B. to be exhibited againft the faid C. D. for breach of covenant, to the damage of the faid A. B. of /. according, ^c. And alfo to a bill of the fiid A. B. to be exhi- bited againfl the faid C. D. for /. debt, ac- cording, ^c. In debt on re- cognizance. And alfo to a bill of the" faid A. B. to be exhibited againfl the faid C. D. in a plea of debt on recogni- zance, according, i^c. In dtbt on fta. tute. Iq detinue. And alfo to a bill of the faid A. B. to be exhi- bited againfl the faid C. D. for — — - /. in debt on ftatute, according, is'c. And alfo to a bill of the faid A. B. to be exhibited againfi: the faid C. D. for detaining the goods and chattels (or " deeds and writings") of the h'ldA.B. to the value of ./. according, ^c\ In trover. And alfo to a bill of the faid A. B. to be exhibited againfl the faid C. D. for converting and difpofing of jthe goods and chattels of the faid A. B. to the value of /. according, i^c. In trefpafs, de And alfo to a bill of the faid A. B, to be exhibited ionhajfonaus. ^^^j^^ the faid C. D. for taking and carrying avi^ay the goods and chattels of the faid A. B. to his da- mage of /. according, ^6-. In trefpafs and And alfo to a bill of the faid A. B. to be exhibited ''^'"''- againft the faid C. D. for a certain trefpafs and zU fault. 1>R0CESS BAILABLE, BY BILL. ^3 fault, committed by the faid C. D. on the fald A. B. to his damage of /. according, Isfc And alfo to a bill of the faid A. B. to be exhibited In aim. con. againft the faid C. D. for aflaulting, and having criminal converfation with E. the wife of the faid A. B. to his damage of /. according, ^c. Middle/ex y (to wit). Alias (or plurles) bill for Pradpe for aliai J, -n • I, /-^ T^ ^ r r t .. or p/iiries bill of jS.B. agamlt CD. Cafe for A on promifes, widdiefex bail- (or as the a£lion is,) returnable on next after ^^^^' E. F. attorney* 179—. Oath for /. by affidavit filed. Middlefexy (to wit). The flienfi^ is commanded, y^Uas or plunes . 1 r 1 1 1 bill of Middlefex as before he was (or " as oftentimes beiore he hath bailable. been") commanded, to take C. D. and Richard Roe, {5V. (as in the bill of Jlf/Wi^/tvv, altering the return}. Midd/e/ex, (to'wit). Non otnittas bill for -r^. J?. Pradpefotr.on . _, , . om'ittas h\\\ oi againft C D. Cale for /. on promifes, (or as Middiefex. the action is,) returnable, ^r. E. F. attorney. 179-. Oath for /. by affidavit filed. MiddlefeXy (tO wit). The fiieriff Is commanded, Non omutashWlt that he omit not by reafon of any liberty In his county, but that he enter the fame, and take C. D. and Richard Roe, if they (hall be found in his bailiwick, and them fafely keep, fo that he may D have 3-4 PROCESS BAILABLE, CY BILL- have their bodies before the lord the king at JVeJi^ mifi/Ier, on — — next after , to anfwcr A. B- of a plea of trefpafs, and alfo to a bill, ^c. (as before). By bill., Waj. Indorfement as before, p. 31. Pr^o^forbnll- » (to wit).. Latitat for A. B. againft C. D. able latitat. Q^^^ £qj. j^ ^^ promifes, returnable on ■ next after • E. F. attorney.. 179— Oath for /. by affidavit filed. Bailable latitat, George the Third,, ^c. To the (herifF of , greeting : Whereas we lately commanded our (herifF of Middle/ex y that he fliouldtake CD. and Richard. RoCy if they fhould be found in his bailiwick, and them fafely keep, fo that he might have their bo- dies before us at Wejirninjlery at a certain day novw paft, to anfwer A. B. of a plea of trefpafs, and alfo to a bill of the faid A. B. to be exhibited againfl the faid C. D. for /. upon promifes, according tQ, the cuftom of our court ' before us ; and our faid iherifF of Middlefix at that day returned to us, that the faid C. D. and Richard Roe were not found ia his bailiwick*,, whereupon, on behalf of the faid A. B,y it is fufliciently teftified in our faid court be- fore us, that the faid C. D. and Richard Roe do run up and down, and fecrete themfelves in your county : Therefore we command you, that you take them, if they Ihall be found in your bailiwick, and fafely- I'ROCESS BAILABLE, BY BILL. 35 fafely keep them, fo that you may have their bodies before us at iVeJltmn fiery on next after , td anfwer the faid A. B. of the plea and to the bill aforefaid ; and have there then this writ. Witnefs LloydhoxA Kenyan at Wejlminftery the — — day of ■ in the year of our reign. Way, Bail by affidavit for /. Indorfement y-, 7-. CT- , thereon. E. Jb. Temple y Plaintiff's attorney (or agent), 179-. , fto vv-it). Alias (or pluries) capids for A. B, Pradfe for aliat ^ ' ^ ' or pluries caf-iet againft C. D. Cafe for /. on promifes, (or as bailable. the adion is,) returnable on next after . E. F. attorneyi 179—. Oath for /. by affidavit filed. Gfcr^ the Third, iffc. To the fherlff of , AKai or phriet greeting : We command you, as before (or ** as ^"^'"^ oftentimes before") we have commanded you, that you take C. D. and Richard Roe, if they fhall be found in your bailiwick, and them fafely keep, fo that you may have their bodies before us at We/^- minjler, on next after , to anfwer A. B. of a plea of trefpafs, and alfo to a bill of the faid A. B. againft the faid CD. for /. upon promifes, according to the cuftom of our court before us to be exhibited -, and have there then this writ. Witnefs, b*c. D 2 - — , (to 3<>- TTROCESS BAILABLE, BY BILL. Pracife for nott ■, (to wit).' Non omktas capias for ^. B^ U\\i\i\cT''' againft C. D. Cafe for /. on promifes, (or as the allien is,) returnable, ^c. E. F. attorney. 179—. Oath for /. by aiTidavit filed. Kon em'itm ca* G^cr^f the Third, t^fc. To the fheriff of ,, fias baiU e. greeting : We command you, that you omit not by reafon of any liberty m your county, but that you enter the fame, and take C. D. and Richard Roe^ Sec. (as in the alias ox pluries capias). Pr-acipifm latitat County-palatine of , (to wit). Latitat foE into a county- ^ ^ ^ t ■ \ palatine. A. B. againft C. D. kc. (as for a common latitat).. LatUat Into z George the Third, ^c. To greeting: countv-palatinc. _^ . , -. nr-j, For the direaion Whereas wc lately commanded our Ihentt ot Mid- 1n^7%\ti! dlefe^y that he (hould take CD. and Richard Roe, if they fhould be found in his bailiwick, and them fafely keep, fo that he might have their bodies be- fore us at Weftminjlery at a certain day now paft, to anfwer A. B. of a plea of trefpafs, and alfo to a bill of the faid A. B. to be exhibited againft the faid C. D. for — — /. upon promifes, according to the euftom of our court before us ; and our faid flierifF of MiddlefeK at that day returned to us, that the faid C D. and Richard Roe were not found in his baili- wick ; whereupon on behalf of the faid A. B. it is fufhciently tcftified in our faid court before us, that the faid C. D. and Richard Roe do run up and down, ijud fccrete tlienifelvcs in our faid county-palatine of ; There- PROCESS BAfLADLE, BY Bill.-' 37 : Therefore we command ydu, that by our writ under the fcal of our faid county-palatine to- be duly made, and to be direded to the fhcriff of our faid county-palatine, you command the faid fhcriff, (or, if in Durhainy that by our writ under the feal of your biflioprick, to be duly made and di- lefted to the flieriffof the county of Durham^ you caufe the faid (herifFtobe commanded,) that lie take the faid C. D. and Richard Roe, if they fhall be found in his bailiwick, and them fafely keep, fo that he may have their bodies before us at Wc/^mltj" Jler, on next after , to anfwer the faid A. B, of the plea and to the bill aforefaid j and have there then this writ. Witnefs, ts'c As yet of term in the year of the reign of king Gecrge the Third. Witnefs Lloyd Lord Kenyon. Midd/efexy (to wit). The fiierifF is commanded Entry of a bin that he take C. D. and Richard Roe, if they fhall be the roll, to fave found in his bailiwick, and them fafely keep, fo that jS'^iSliVa-'i he may have their bodies before the lord the king at award of fl/'ai. Wejlminjler, on next after , to anfwer A. B. of a plea of trefpafs ; and that the faid fheriff have there then this precept. By biy. Way. At which day, before our lord the king at TFeJi- minjler, comes the faid A. B. in his proper perfon, and offers himfelf againfh the faid C. D. and Richard Roe in the plea aforefaid ; and the fhcriff, to wit, 38 PROCESS BAILABLB, BY ISILL. ...^ and ftieriff of Mlddlefex aforefaid, now here returns, that the faid C. D. and Richard Roe are not, nor is either of them, found in his baili-f wick ; and the faid C 7). and Richard Roe do not Aivard of «//«. come. Therefore, as before, the faid (heritf is com-^ manded, that he take the faid C. D. and Richard Ros if, ^c. and them fafely keep, fo that he may have their bodies before our faid lord the king at Wcfiminjier^ on next after , to anfwer to the faid A. B. of the plea aforefaid ; The fame day is given to the faid J, £, there, ^c, pocket paper. Midd/e/eXy (to wit). . Entry of bill oi Middle/ex; between A, B. plaintiff and C. D. defendant, re- turnable on, Is'c. Roll . Entry oUatUat, As yct of term in the year of tlie ;v„dawa,dof^/,« j.gj Qf ^ Q ji^g TKixd. Witnefs and flunet ca- o o c f M*. Lloyd Lord Kenyon, Etiglandj (to wit). Our lord the king fent to his (beriff of his writ clofe in thefe words, to wit, George the Third, ^c. (here copy the latitat). At which day, before our faid lord the king at Wejl' tnittjler^ comes the faid A. B. in his proper perfon, and offers himfelf againft the faid C. D. in the plea aforefaid ; and the flierifF, to wit, fiierifr of aforefaid, now here returns, that the faid C. D. is not found in his bailiwick; and the faid C. Z). does Ai*iTi of alius- noc come : Therefore, as before, the faid fiieriffis commanded, that he take the faid C. D. if he fliall 15 be PROCESS BAILABLE, BY BILL. 29 be found in his bailiwick, and hira fafely keep, fo that he may have his body before our faid lord the king at Wc/}tnhiJ}ery on next after , tc) anfwer the faid A, B. of the plea aforefaid ; the fame day is given to the faid A. B. there, tsc At wliich day, before our faid lord the king at Jf^e/i- tninfler, comes the faid A. B. in his proper perfon, and offers himfelf againft the faid C D. in the plea aforefaid; and the Sheriff of aforefaid hath Continuance by not lent the writ of our laid lord the king to him m ^^^ ireve, that behalf dire(f\ed, nor hath he done any thing thereupon : Therefore the faid ftierifF is com- Award ofplurir, manded (ss oftentimes before he hath been com- manded) that he take the faid C. D. if he fliall be found in his bailiwick, and him fafely keep, fo that he may have his body before our faid lord the king at Wejiminjiert on next after -■■■■, to anfwer the faid A, B. of the plea aforefaid j the fame day is given to the faid A. B. there, ts'c* D4 4?> ATTACHMENT OH TRIVItEGE, Prac'ife for it- . Attachment of privilege for j^. B. gen- vikgT,^not''biir-' pieman, one, ^c. againft C. D. returnable on "*'''^* • next after . A. B. In perfon. Attachment of privilege, noc bailabje. George the Third, ^c. To the (herifF of , greeting: We command you, that you attach C. D. if he fhall be found in your bailiwick, and him fafely keep, fo that you may have his body before us at JVeJlinwJier^ on next after — — , to an- fwer A. B. gentleman, one of the attornies of our court before us, according to the liberties and pri- vileges of the faid court, for fuch attornies and other officers of the court aforefaid, from time im- memorial ufed and approved of in the fame court, of a plea of trefpafs ; and have there then this vi^rit. Witnefs Lloyd Lord Kmyotiy at IVeJiminJlery the -: day of in the year of our reign. Way, Tractpe for a bailable attach- ment of privi- lege. •~ . Attachment of privilege for A. B. gen-, tleman, one, isfc, againft C. D. Cafe for 1, on promifes, (or as the aftion is,) returnable on next after . A. B. in perfoq. Oath for /. by affidavit filed. Attachment of G^org^ the Third, ^c. To the flieriff of , privilege bailable, g^getjog . We command you, that you attach C. A if he fiiaU be found in your bailiwick, and him fafely keep, ATTAcilMENT OF PRIVILEGE. 41 keep, fo that you may have his body before U". at Wefiminjlery on next after , to anfwer j4. B. gentleman, one of the attornies of our court, is'c. (as bL-fore,) of a plea of trefpafs, and alfo to a bill of the faid A. B. to be exhibited againfl: the faid CD. for /. upon promifes, (or as the adion is,) according to the cuftom of our court before us ; and have there then this writ. Witncfs Lloyd Lord Kenyan^ at IVeJlminJlery the « day cf in the year of our reign. Way. Bail by affidavit for ;, Indorfemeut . thereon. j4. B. m perfon. 179—, George the Third f ^c. To——, greeting: We Attachment of I II • , ^ r ^ r privilege into x command you, that by our writ under the leal 01 county-palatine. our faid county-palatine, to be duly made, and to be directed to the flieriff of the fame county, you command the faid flieriif, that he attach C. D, and Richard Roe, if they fliall be found in his bailiwick, and them fafely keep, fo that he may have their bo- dies before us at Weflminjler^ on next after -^ , to anfwer A. B. gentleman, one of the at- tornies, i;fc, (as before). As yet of term in the year of the reign of king George the Third. Witnefs Lloyd Lord Kenyan. Etlglandy (to wit). Our lord the king fent to his Entry of attach- ment of privilege flieriff of his writ clofe in tliefe words, to wit, on the roll, to George the Third, i^c. (here copy the attachment ^"^ ^ ^ ^^"'** ef privilege, and then proceed as follows). At 42 ORIGINAL WRITS. At which day, before our faid lord the khig at Wejl?nifi/ler, comes the faid A. B. in his proper per- fon, and offers himfelf againfl the faid C. D. in the plea aforefaid ; and the (heriff, to wit, fheriff of the faid county of , now here returns, that the faid C. D. is not found in his bailiwick. Pr^fi/« for an »^ , (to -wit), li A. B. make you fecure, l^fc. c!i.' "' *^^' "* il'^tn put by gages and fafe pledges, C. D. late of . , that he bs before our lord the king, on , wherefoevcr our faid lord the king fhail then be in Jinglaud^ to (liew. For that whereas, ^c. (here fet out the caufe of atlion, as in a declaration,) to the damage of the faid A. B. of /. as it is faid, ^c, Orrginal writ George the Third, by the grace of God, of Great Britainy France and Ire/afidy king, defender of the faith, and fo forth, to the ftieriffof , greeting: If A. B. fliall make you fecure of profecuting his claim, then put by gages and fafe pledges, C. D. late of , that he be before us, on , where- foever we fliall then be in Englafidy to (hew, For that whereas, ^c. (as in the precipe, to the words " as it js faid") i and have -there the names of the pledges, and this writ. Witndfs ourfclf at IVeJiminJlcry the day of in the year of our reign. j'r^tcipe (oran — — , (to wlt). Command CD. late of ^o^enanty '" ^^^^ juftly and without delay he keep with A. B. the covenant (or covenants) made by the faid C. D. with the faid A. B. aceording to the force, form, and effea ORIGINAL WRITS. 43 rffc£l of a certain indenture, (or deed-poll, or arti- cles of agreement, as the cafe may be,) in that be- half made between them, as It is faid ; and unlefs, Gsorge the Third, if^c. To the fherifF of , Origmalwrit greeting: Command C D. late of ,thatjufl.ly •''"<=<>"• and without delay he keep witii A. B. the covenant (or covenants' made hy the faid C. D. with the faid A. B. according to the force, form, and efFe61: of a certain indenture, (or deed poll, or articles of agreement,) in that behalf made between them, as it is faid : and unlefs he fliall fo do, and if the faid. A. B. (hall make you fecure of profecuting his claim, then fummon by good fummoners the faid C. Z>. that he be before us, on , wherefoever we ihall then be in England^ to fhcw wherefore he hath not done it ; and have there the names of the fummoners, and this writ. Witnefs ourfelf at Weji- viinjler^ the ■ day of — — In the year of pur reign. , (to wit). Command CD. late of , Pf^c;/..' for an that juftly and without delay he render to A. B. 3^"' ""'^ "^ the fum of ■ /. of good and lawful money of Great Brita'my which- he owes to, and unjuftly de- tains from him, as it is faid j and unlefs, \^c» George the Third, Iffc. To the fherifF of • , original wiit greeting: Command C. D. late of , that juftly '''^"°'*' and without delay he render to A. B. the fum of — — /. of good and lawful money of Great Britain ^ "which he owes to, and unjuftly detains from him, as it 44 PROCESS BY ORIGINAL. it isfaid: and unlefs he fliall fo do, and if the faid A. B. fhall make you fecure of profecuting his claim, then fummon by good fummoners the faid C. D. that he be before us on , wherefoever we fliall then be in England, to fliew wherefore he hath not done it ; and have there the names of the fum- moners, and this writ. Witnefs ourfelf at Weji- minjler, the day of in the <— — year of our reign. If the original writ be againfl: a peer or member of the Houfe of Commons, defcribe the defendant by his proper title, adding thefe words, '^ having privilege of parliament-," or if it be againfl a cor- poration, infert their proper flyle, as " the mayor and commonalty and citizens of the city of London^* Is'c. ; or if againfl hundredors, call them, " the men inhabiting within the hundred of — — . in your county." Pi».t or attach- ment, on an oii- ginal wiic in co- venant or debt. George the Third, i^c. To the flieriff of , greeting : Put by gages and fafe pledges C D. late of , that he be before us, on , wherefo- ever we fliall then be in England^ to anfwer to A. B. of a plea that he keep with him the covenant, Is'c. or that he render to him, t^c. (as in the ori- ginal writ, to the words ** as it is faid,") and to fliew wherefore he was not before us at WeJiiniU' Jier, on , as he was fummoned ; and have there the narjies of the pledges, and this writ. Witnefs PROCESS BY ORIGINAL. J\f Witnefs Lloyd Lord Kenyotif at Wejlminjier^ the ■ day of in the year of our reign. Kenyon, The vvlrhin-named C. D. is attached by pledges. Sheriff's return E. F. and G. H. (or has nothing in my bailiwick, by which he can be attached). G^org-^ the Third, ^c. To the fherrff of , Tcptvm per; or greeting : Put by gages and fafe pledges C. D. late ^"^'^'""^"^* of , that he be before us on , wherefbever we (hall then be in England, to anfwer to A. B. of a plea, ^c (as in the po?iey to the words " as it \s faid") ; and whereupon our (herifF of returned to us on, yc. (the return of the pone) laft pad, that the faid C. D. had nothing in his bailiwick, by which he could be attached : whereas It Is teftified in our fame court before us, that the faid C. D. hath fuf- ficient in your bailiwick, by which he may be at» tached ; and have there the names of the pledges, and this WTit. Witnefs Lloyd Lord Kenyouy at Weflm'mfcery the day of in the year of our reign. Kenyan. G^ tringas uiued tn this caule, it is ordered, C. D. J that the defendant upon notice, Iffc. fliall on, ^c. fliewcaufe why the iflues returned upon the faid feveral writs of dijiringas fliould not be fold, and the monies arifitig from the fale thereof fliould not be forthwith brought into court, and why it (hould not be referred to the Mafter to tax the plaintiff his cofts, occafioned by his ifluing out the faid feveral writs ; and why the cofts, when taxed, fliould not be paid out of the monies fo brought into court, and why the furplus of the faid money, after payment of the faid cofts, fhould not be re- tained in court, until the purpofe of the faid writs be anfwered. On the motion of Mr. — — . George the Third, l^c. To the fiieriff of , Caftat ad re- gretting : We command you, that you take C. D. '^'"''"^' late of , if he be found in your bailiwick, and him fafely keep, fo that you may have his body be- fore us on , wherefoever we (hall then be in Eng- landy to anfwer wf^.5. in a plea, for that whereas, ^c. (in cafe j or in covenant, of a plea that he keep, ^c. or in debt, of a plea that he render, tfV. as in the original, to the words " as it is faid,") and have there this writ. Witnefs Llo^d Lord KenyotJy at We/Jminjler^ the day of . in the year of our reign. Bail by affidavit for /. E.F. Temple y Plaintiff's attorney (or agent], 179—. Kenyan. Indoiffimtst theteon. If ^^ PROCESS BY ORIGINAL. If the defendant is not to be arrefted, the ufual notice to appear muft be put at the end of the capias, or other procefs with which the defendant is ferved. Alias or pluriet George the Third, ifc. To the fherifF of , captau greeting : We command you, as before (or as often" times) we have commanded you, that you take, 5s*r. Tefiatum cartas, George thc Third, t^c. To the flieriff of , greeting : We command you, that you take C. D. late of, ^c. (as in the capias, altering the return, to the words " as it is faid") ; and whereupon our IhcrifFof returned to us at a certain day now paft, that the faid C. D. was not found in his baili- wick : whereas it is tefllfied in our fame court be- fore us, that the faid C D. lurks and wanders up and down in your county ; and have there this writ. , Witnefs, Is'c^ Nan om'ittas es' fias. George the Third, ^c. To the fherifF of , We command you, that you do not omit by reafon of any liberty of the bailiff" of the hundred of ■ in your county, but that you take C. D. late of , if he be found in your bailiwick, and him fafely keep, fo that you have his body before us on , wherefoever we (hall then be in Euglatidy to anfwer A. B. in a plea, for that whereas, iffc. (as in the previous procefs) j and have there this writ. Witnefs, ^r. OUTLAWRY. 49 George the Third, ^c. To the fiierlfF of — — , Exigifadas. greeting : We command you, tliat you caufe C. D. late of , to be demanded from county-court to county-court, (or If in London, from hufting to hufting,) until, according to the law and cuftom of England^ he be outlawed, if he doth not appear ; and if he doth appear, then that you take him, and caufe him to be fafely kept, fo that you may have his body- before us on — , wherefoever we fliall then be in England, to anfwer to A. B. of a plea, fffr. (as in •tlie previous procefs, to the words " as it is faid"); and whereupon you returned to us on, ^c. (the re- turn of the pluries) laft paft, tliat the faid C. D. was tibt found in your bailiwick; and have there this writ. V^iintis Lloyd hord. Kenyan, &c. By virtue of this M'rit to me dire£led, at my SKcnff's rctuia county-court held at in and for the county of — — on the — ; — day of , (or if in Lon- don^ " at the hufting of pleas of land, holden in the Guildhall of the city of London, on next after — — ,") in the year within-written, the within- named C. D. was a firft time demanded, and did not appear : And at my county-court held at ■ iiforefaid, on the day of in the year aforefaid, (or at the hufting, ks'c.) the faid C. t). was a fecond time demanded, and did not appear: -And at my county-court held at . aforefaid, on the day of in the year aforefaid, (or at the hufting, ^c.)*the faid C Z). was a thifd time demanded, and did not appear : And at my county-court held at aforefaid, on the " '•' ■ " day of — — in the year aforefaid, (or at the - fi hufting. ^ outlaxCry, Kufting, ^^.) the faid C. D. was a fourth time de- manded, and did not appear : And at my county- ccurt held at aforefaid, on the day of — — in the year aforefaid, (or at the hufting, ISc.) the faid C. D. was a fifth time demanded, and did not appear : Therefore by the judgment of ■ Efquire and — — Efquire, coroners of our fove- reign lord the king for the county aforefaid, the faid C. D.y according to the law and cuftom of England^ is outlawed. The anfwer of fherifF. If all the county-courts or huflings are not holden in the time of the fame (heriff, the return is as fol- lows: By virtue of this writ to me directed, l^c. (dating the county- courts or huflings -at which the defend- ant was demanded, in the time of the preced- ing fherifF, and concluding his return with " The anfwer of, ilfc.^* then proceed on a new line, as follows) : This writ, as above indoried, was delivered to Ihe the undernamed prefent fherifF, (or us the under- named prefcr.t fherifFs,) by the abovenamed late flie- rifF, at his going out of office. At my county- court, ^c. (flating the county- courts or huflings at which the defendant was de- manded, in the time of the fucceeding fherifF, and concluding his return thus) : The anfwer of, ^c. Georz^ OUTLAWRY. 51 George the Third, &'.\ 'To the fiierlff of , w.kofpro- _TTi 1 •. 1.1 clamatloa. greeting : Whereas by our writ, we lately com- manded you, that you fliould caufe C. D. late of . ., to be demanded from county -court to county- court, (or if in London^ from hufting to hulling,) until, according to. the law and cuftom of Efigland, he (hould be outlawed, if he did not appear j and if he did not appear, then that you (liould take him, and caufe him to be fafely kept, fo that you might have his body before us on , wherefoever we fhould then be ;n England^ to anfwer to A. B. of a plea, l5fc. (as in the exigent, to the words *• as it is faid") : Therefore we command you, that in pur- fuance of the Ilatute made ir. the thirty-firft year of the reign of the Lady Elizabeth late Queen of England, you caufe the faid C. D. to be proclaimed upon three feveral days, according to the form of that ftatute, one of which proclamations fliall be made at or near the moft ufual door of the church of the parifli where the faid C. D. is dwelling, that he render himfelf unto you, fo that you may have his body before us, at the aforefaid time, wherefo- ever we fhall then be in E7igland, to anfwer to the faid A. B. of the plea aforefaid ; and have there thii M'rit. Witnefs, ^c. This writ fliould have the fame tejie and return as the exigetjt ; and if the defendant refide in a dif- ferent county from that into which the exigent ifTues, the writ of proclamation, which is called a foreign proclamation, is as follows : G^^r^^ the Third, ^c. To the flieriff of , Writ of foreign - - .• TTT1 1 • -11 pioclamatioQ. greeting: vYhercaa by our writ, ws lately com- E % manded ^Z OtJTLAWRY. fwanded our fherltFof , that he (hould caufe C. D. late of to be demanded from county- court to county-court, (or if in Londot, from hulling to hufting,) until, according to the law and cuftom of England^ he fhould be outlawed, if he did not appear ; and if he did appear, then that he (hould take him, and caufe him to be fafely kept, fo that he might have his body before us on , wherefoever we fhould then be in Euglatidy to anfwer to A. B. of a plea, ^'c. (as in the exigent^ to the words " as it is faid") : Therefore we command you, that in purfuance of the flatute made in the thirty- firfl year of the reign of the Lady Elizabeth late Queen of England, you caufe the faid C D. to be pro- claimed upon three feveral days, according to the form of that ftatute, one of which proclamations Ihall be made at or near the mod ufual door of the church of the parifh where the faid C. D. is dwell- ing, that he render himfelf to our (herifF of , fo that he may have his body before us, at the afore- faid time, wherefoever we fhall then be in England^ to anfwer to the faid A. B. of the plea aforefaid -, and have there this writ, Witnefs, i^c, RetAjrn to writ By virtuc of the within writ to me dire£led, I ot pioclani3tion« caufed the within-named C D. to be proclaimed three feveral days, according to the efFeil of the within-mentioned ftatute, as it is within com. ' manded me. The anfwer of (herifF. vi'/i.Y/, (Or more fpecial, thus :) By virtue of the within -writ to me diie6led, at my county-court held at 5 - » OUTLAWRY,- jj * , in and for the county of — — , on — r — the — — day of , (or if in Londony " at the huft- Lng of pleas of land, holden in the Guildhall of the city of London^ on next after ,") in the year within-written, I caufed the faid C D. to be proclaimed a firft time : And at the general Quarter Sefhons of the Peace held at aforefaid, on — — the day of — — in the year aforefaid, I caufed the faid C. D. to be proclaimed a fecond time : And at the moft ufual door of the church of the parifli of , being the parifli where the faid C D. is dwelling, on Sunday the day of in the year aforefaid, immediately after divine fer- vice, one month at the lead before the within- named C. D. was demanded a fifth time, I caufed the faid C. D. to be proclaimed a third time, that he (hould render himfelf unto me, (or if a foreign proclamation, *' unto the {heriff" of ,") as within it is commanded me. The anfwer of IherifF. Ciorge the Third, ^V. To the {heriff of , ^locatur exigent. greeting : We command you, that allowing thofe county-courts, [ox if m Londotiy thofe huftings,) at which C. D. late of was de- manded, and did not appear, as you returned to us on, is'.c. (the return of the exigent) laft paft, you. caufe the faid C. D. to be fuiiher demanded at your next county court, (or hufling, if only one return is wanting, or if more th^n one, ** from county- court to county-court," or " from hulling to huR- ing,"j until, according to the law and cuftom of E 3 England^ ^/^ OUTLAWRY. England, he be outlawed, if he doth not appear, l^c\ (as in the exigent, altering the return, to the words *' as it is fald") ; and have there this writ. Witnefs Lloyd Lord Kenyan, at V/eJlminJler, the . day of in the year of our reign. (The return of the extge7ity if in term, if not, the quarto die pojl.) Kenyon* Suferfedias to George the Third, feV. To the (Iieriff of , the exigent, qw.a _ • i i mfn-viJe, Sec. greeting: Whereas by our writ, we lately com- maniled you, that you fliould caufe C. D. late of • to be demanded from county-court to county- court, (or if in London, from hufting to hufting,) until, accordmg to the law and cuftom of England, he (hould be outlawed, if he did not appear ; and if he did appear, then that you fliould take him, and caufe him to be fafely kept, fo that you might have his body before us, on , wherefoever we {hould then be in England, to anfwer to ^. B. of a plea, ts'c. (as in the exigent, to the words, " as it i^ faid"): But becaufe the faid CD., before the if- fuing (or return) of our faid writ of exigent, ap- peared in our court before us by his attorney, and often offered hinilfelf to anfwer the faid -^. B. of the plea afoiefaid, fo that our faid writ did not duly iiTue thcreixpon againft the faid C. D. -, there- fore we command you, that you altogether ceafe any further demanding the faid C. D. or outlawing, taking, or anyway molefting him, on that occaficn j and have thete this writ. Witnefs, l^c, :. I hav<; OUTLAWRY. 5_J i have altogether ceafed from executing this writ, ShcnfJ"'s return ving receive •that purpofe. having received his majerty's wik of fuperfeckas for thereupon. The anfwer of (herlff, George the Third, fe*f . To the iherifF of — — , General cafdat ITT < 1 1 . utlaTUtum. ^reetnig: We command you, that you do nOt omit by reafon of any liberty of your county, but that you take C, D. late of , being outlawed in your faid county, (or in -the county where the outlawry was,) on the day of , (or in Londoi^f on next after ) lafl: paft, at the fuit of A^ B. of a plea, ^c, (and if the writ iflue into a different county from that in vi'hich the defendant was outlawed, fay, " as our fiieriff of re- turned to us at Wejimirjler, at a certain day now paft,") if he (hall be found in your bailiv/ick, and him fafely keep, fo that you may have his body be- fo^re us, on , wherefoever we {hall then be in Mag/and, to do and receive what our court before us fhall confider of him in this behalf; and have there this writ. Witnefs, ^r. George the Third, ^c. To our chancellor of our The like, In a county- palatine of Lancajlet-y or to his deputy there, greeting : We command you, that by our writ under the feal of our faid county-palatine, to be duly made, and diredled to the fh-^riff of the fame county, you caufe the faid fherifFto be commanded, that he do not omit by reafon of any liberty of his county, but that he take C. B. late of , being outlawed, fsV. if he (hall be found in his bailiwick, acid him fafely keep, fo that he may have his^ body E 4 befp counCy-palatinc. r£ 56 OUTLAWRY. before us, on , where foever we fhall then he u\ England, to do and receive what our court before us fliall confider of him in this behalf ; and. have there this writ. Witnefs, ^c. Special .-a/>wj George the Third, ^c. To the (herifFof — — -, '■ '^'^'^ * greeting : We command you, that you do not omit by reafon of any liberty of your county, but by the oath of good and lavv/ful men cf your faid county, you diligently inquire what goods and chattels, lands and tenements, C. D. late of hath, or had in your bailiwick the day of laft paft, or at any time afterwards, on which day he was outlawed in your county, (or in the county where the out- lawry was,) at the fuit of A. B. in a plea of, ks'c as you have lately returned to us, (or if the writ iflues into a different county from that in which the de-. fendant was outlawed, fay, " as our fherifF of returned to us at Wejlnnnjler^ at a certain day now paft,") and by their oath caufe the fame to be ex- tended and appraifed, according to the true value thereof; and what you find by that inquifition, take into our hands, and caufe to be fafely kept, fo that you anfwer to us for the true value and iffues thereof; and having fo extended and appraifed the fame, what you fhall have done thereupon, make known to us, on wherefoever we fliall then be in England, diftindly and plainly, under your feal, and the feals of thofe by whofe oath you {hall have jnade that extent and appraifement : And for tha,t the faid C. D. fo being outlawed, conceals himfeif, and runs up and down in your county, in contempt of usj and in prejudice of our crown^ as we ;;re un- formed : OUTLAWRY. 57 formed : We command you, that you take the faid C. D. wherefoever he ihall happen to be found in your bailiwick, as well within liberties as without, and keep him fafely, fo that you may have his body before us, at the aforefaid time . wherefoever v/e fliall then be in Fngland, to do and receive what our faid court bpforc us fhall confider of him in this behalf j and have there this writ. Witnefs, ijfc. The execution of this writ appears in a certain Return, inquifition to this writ annexed, — — , (to wit). An inquifition indented, taken In^u'ifitlon. at in the county of ; on the day of — — in the year of the reign of our fovereiga lord George the Third, by the grace of God of Great Britaiijy France and IreUuid, king, defender of tlie faith, and fo forth, before me , flieriff of the faid county, by virtue of the king's writ to me ai- redled, and to this inquifition annexed, upon the oath of E. F.J G. H. &c. (fetting out the names of all the jurors,) honeft and lav.'fui men of my baili- wick, who being fworn and charged to inquire qf all fuch matters and things as in the faid writ are mentioned and contained, on their oath fay, that C. D. in the faid writ to this inquifition annexed mentioned, on , on which day he was out- lawed in the faid county, (or in the county of , or in Londotty) at the fuit of A. B. in a plea, \5fc, whereof he is convi6led, was and yet is feifed ia his demefne as of fee, (or for the term of his life) of and in one meiluage and one clofe of pafture, • with ss OUTLAWRY. Vi/'iih the appurtenances, called or known by the name of , fituate, lying and being in the parifti of , in the county aforefaid, containing by eftimatlon acres of land, and now in the te- nure or occupation of , of the clear yearly value of /. in all iiTues, beyond reprifes ; and alfo of and in one other clofe of pafture, t^fc. isfc. all and fingular which faid premifes with the appurte- nances above fpecified, I the faid fherifF, by virtue of the faid writ, on the laid day of talcing this in- r lords of the trei- his majetty s trenfury. fury, for a leaie The humble petition of J. B, J^^^J;^ °"^^^*''' Shewfth, That C. D. late of being juftly indebted to your petitioner in the fum of A for goods fold, i^c. your petitioner commenced an adlion againft the faid C. D. for the recovery thereof, wherein he has proceeded to outlawry ; and that by virtue of a certain writ of fpecial capias utlagaium^ ilTued upon the return ot the writ of exigi facias, againft the faid C. D. direded to th.e then fherifF of E. F, Efquire, then fherifFof the faid county of , re- turned to the faid writ of fpecial capias utlagatum to hini diredled, an inquifitlon indented, taken at — — in the faid county, on the day of in the year of our Lord 179-, by which it was found, amoneft other things, that the faid C. D. on , on which day he was outlawed at the fuit of your petitioner, was feifed In his demefne as of fee, (or for the term of hi§ life) of and in one mefTuage and one plofe of pafture v/ith the appurtenances, called or known by the name of , fituate, lying and being in the parifh of in the county aforefaid, con- taining by eftimation acres of land, and then ia the tenure or occupation of , of the clear yearly val ue of /. in all iflues, beyond reprlfes, and alfa of and in one other clofe of pafture, isfc. (as in tlie jft^uifition) i and that the faid (herifF, by virtue of the 6o OUTLAWRY, the faid wnt, on the faid day of taking that inquifi-^ tion, had taken and caufed to be felfed into the hands of our faid lord the now king, ail and fingular the f..id premifes with the appurtenances, as oy the faid writ he was commanded ; as by the return of the faid writ of fpecial capias utJagntum^ now remaining of yecord in his majefty's court of Exchequer, may more fully and at large appear : And your petitioner further flieweih unto your lordlhips, that the faid outlawry fl.ill remains in full force and effedl, not %'acated, fuperfeded, reverfed, or annulled ; and that your petitioner's faid debt, and the expences which he has neceflarily been put to in profecuting the faid C. D. to outlawry, amount to a large fum of money, that is to fay, to the fum of /. and up- ward?, and that no part thereof Jias been paid or fa- tisfied to your petitioner. Wlierefore your petitioner humbly prays your lordlhips' favour and interpofi- tion, that by and. with the confent of his majefty's sttorney-general in this behalf obtained, a leafe may Ijie made to your petitioner, by and from his majefty's court of Exchequer, whereby your petitioner may be enabled to levy, take, colle61:, and receive, the ifluea and profits of the faid outlaw's lands and tenements, fo found by the faid inquifition, to the value thereof refpe6lively appraifed and extended, till fuch time as fufhcient thereout fliall be made,colle(fied, and levied, to fatisfy your petitioner's faid debt, cofts and charges, or until fuch time as the faid C D. fhnll caufe the faid outlawry, fo had in due form of law againft him, to be reverfed or annulled. And your |)ejitioner, as in duty bound, (liall ever pray, bV. A.B. OUTl.AWRT'. tt George the Third, i^c. To the (herlfFof : greet- ■^""""W «*- ing: Whereas by a certain inquifition indented^ taken before you, at in your county, on, ^c. by virtue of our writ of fpecial capias utlagaiuin, un- der the feal of our court of King's Bench, to you the faid (heriff direded, whereby we commanded you to hiquire what goods and chattels, lands and tene- ments, C. D. late of ^ had in your bailiwick, the - ■ ■ day of then lall pad, or at any tints aftcfwards, on which day he was ouriawed, in your •faid county, at the fuit of A. B. in a plea of, iJc. it was found by the oatli of E. F. and other good and lawful men of your faid county, that C. D. in the faid writ named, on the day of then laft, on which day he became outlawed, and on the day of taking the faid inquifition, was poffefled, as of his . own proper goods and chattels, of and in the feverai goods and chattels particularly mentioned and ex- ■ prefled in the fchedule or inventory thereof hereunto annexed, which faid goods and chattels were worth, to be fold, the fum of /. ; all which faid goods and chattels you the faid fnerlff, by virtue of our faid writ, on the day of taking the faid inquifition, did feize and take into our hands, as by the faid writ and inquifition taken thereupon, tranfcribed into our court of Exchequer, and there remaining in the cuf- tody of our remembrancer, more fully appears : And we being defirous to be fatisfied of the value of the faid goods and chattels in the faid inquifition men- tioned, as is juft, command you, that you fell, or caufe to be fold, the faid goods and chattels and every part thereof, for the bed price that can be got for the fame, and at the leaft for the faid fam of 62 Return tbertto. OUTLAWRY. of /. at which they were (o appralfed as afore* faid, fo that you have the furn of money arifing by fuch fale, before the barons of our exchequer at Wejimin/lery the day of this inlbnt , then and there to be paid to our ufe ; and that you make then and there diftindlly and plainly appear to our faid barons, all that you fhall do concerning the premifes j and have then there this writ. Witnefs Sir Archibald Macdonald knight, at Wejlmtnjlery the day of , in the year of our reign* By the faid tranfcript, and by the Barons, By virtue of this writ to me directed, I have caufed the goods and chattels in the fchedule or in- ventory hereunto annexed mentioned, to be fold for the fum of — — . /. being the beft price I could get for the fame ; which money I have before the barons of the king's Exchequer at Wejlminjler^ on the day within mentioned, ready to be paid to his majeity's ufe, according to the command thereof. The anfvver of fherifF, Petinon tKereon To the right honourable the lords commiflioners of to thi; lords ot the treafury. hIs majcfty's treafury. The humble petition of yf. B. Sheweth, That C. D. late of , being juftly indebted to your petitioner in the fum of /. for goods fold, i^c. (as the fa£l is,) your petitioner commenced an a6lion againfl the faid C. D. for the recovery there- of, wherein he has proceeded to outlawry. That a writ of fpecial capias utlagatum having iflued againfl: the faid C. D. out of his majefty's court of OUTr.AWRY 62 of King's Bench at JVcJ}iii'nift<;ry at the fult of your petitioner, an inquifition v/as t.iken thereon by the fherifFof , whereby certain goods and chattels to the vahie of /. mentioned in the faid inquifi- tion, were by the fiiid fheriff feized and taken into his majefty's hands ; which writ and inquifition being tranfcribed into his majefty's court of Exchequer at Wejlminjicrj a writ of venditioni exponas duly ilTued out of the faid court, wiiereon the faid fheriff hath re- turned, that he has by virtue thereof faufed the goods and chattels in the faid laft writ mentioned to be fold, for the fum of /., being the bell price he could get for the fame; which money he had before the barons of the king's Exchequer at Wejiminjier^ on the day in the faid laft writ mentioned, ready to be paid to his majefty's ufe, and which money now remains in the hands of the faid (herifF, That your petitioner's faid debt, and theexpences. he has been at in the faid proceedings, greatly exceed the fum fo remaining in the (heriff's hands ; and as his majefty is not concerned in intereft, but his name only made ufe of by your petitioner, for th« recovery of his faid debt. Your petitioner therefore moft humbly prays your lordftiips, that his majefty's attorney- general may be authorized to confent, on be- half of his majefty, that the faid fum of ■ ■ A may be paid to your petitioner, to- wards fatisfadlion of his faid debt and cofts. And your petitioner, as in duty bound, fhall ever pray, ks'c, Whitehall 64 OUTLAWRY, Reference there- on CO their fyli- citor. CErtificate of tleikin court. Whitehall Treafury Chamber^ day of 179 - . The right honourable the lords commifTi oners of his majefty's treafury are pleafcd to r'-fer this p^ tition to efquire, (folicitor to the treafury,' whu is to confider the fame, and report to their lordfliips a true ftate of the petitioner's cafe, together with his opinion what is fit to be done therein. Thefe are to certify, that In — — ■ term, in the — — year of the reign of his prefent majefty king George the Third, a tranfcript of an outlawry was returned and filed in this court, againft C. D. late of , outlawed in , at the fuit of j4. B. in a plea of trefpafs on the cafe, (or as the plea is,) by which tranfcript it appears, that feveral goods and chattels of the faid C. D. were fei/.ed into his majefty's hands t)y Efquire, then (heriff of the faid county of ■ , by virtue of a fpecial capias utlagatuniy in the faid tranfcript fpecrfied ; and I further certify, that a writ of vendi/joni exponas has iffiied for felling th« faid goods and chattels fo feized, whereon the faid flierifFhach returned, that he hath fold th^ fame for the fum of L Affidavit of plaintift's debt and «oAs. In the King's Bench. J.B. plaintifF, Between and CD. defendant, A. B. of, ^c. rnaketh oath and faith, that the above-named C. D. is juftly and truly indebted untc? this deponent in the fum of — — /. according to the annexed OUTLAWRY. 65 annexed account^ and alfo in the further fum of /. for cods paid to Mr. this deponent's folicitor, in profecuting the outlawry in this caufc againft the faid C. D. To the right honourable the lords commiflioners Report on «*- of his majefty's treafury. May it pleafe your lordfhips, In humble obedience to your lord (hips com- mands, fignified to me by Mr. , I have confi- dered of the annexed petition of j4. B, fetting forth, that C. D. &c. (reciting the whole of the petition). And I do moft humbly certify to your lordfhips, that I have received fatisfa6lion as to the truth of all the allegations in the faid petition contained, as well by fight of the feveral records thereby referred to, and a certificate of the faid outlawry's being tran- fcribed into the office of his majefty's remembrancer of the Exchequer, figned by Mr. one of the attornies of that office, as by the affidavit of the pe- titioner j whereby it appears to me, that the faid C. D. is juftly indebted to the petitioner in the fum of /. for goods fold, isfc. And it appearing by the affidavit of the faid peti- tioner, that his faid debt, with the feveral charges he has been already put to in outlawing the faid C. D. do exceed the fum levied by the (herifFj and as the petitioner muft flill neceflarily be put to a further expence, I am moft humbly of opinion, that it may be proper for your lordfliips to fend your warrant to his majefty's attorney-general, autho- rizing him to confeut to an order of his majefty's court of Exchequer, for ^ efquire, the prefent F ftierifF 66 OUTLAWRY, (hcrifFof the county of , to pay over the faid fum of /. now remaining in his hands, after detiu£ling the fheriff's poundage for levying the fame, and other incidental charges, unto the peti- tioner for his own ufe, tov/ards fatisfatlion of his faid debt and cofts, whenever a motion (hall be made in the faid court of Exchequer for that pur- pofe. All which is neverthelefs mod humbly fub- mitted to your lordfliip's fuperior judgment. Warrant for the attorney-general to conltnt to an order for pay- ment of the money. Geokce R, Whereas we are given to underfland, that there is remaining in the hands of efquire, the pre- fent {heriff of the county of , the fum of /. for fo much money levied by him on the feveral goods belonging to C. D. which v/ere feized into cur hands, by virtue of an inquifition, taken by vir- tue of a writ of capias iillagatnm iflued out of our court of King's Bench, againft the faid C D. at the fuit of A. B. for the recovery of a debt, due and owing to him from the faid C D. : And whereas it further appears by reports, certijficates, and other proper teflimonies, which the commifTioners of our treafury have laid before us, that the debt due and owing to the faid A. B. from the faid C. D. together with the cofts which he hath been put to in carry- ing on the faid profecution againft the faid C. D, for recovery of the faid debt, doth exceed the faid fum of /. remaining in the hands of the faid fherifl^ as aforefaid ; To the end, therefore, that the faid A. B. may have and receive fome recompence and feti&fa<^ion towards his faid debt, and the charges OUTLAWRY. 67 charges he hath been put to in fuing for the fame ; our will and pleafurc is, and we do hereby authorize and dire£l you to confent and agree, that fo much of the faid fum of /. as doth or (hall remain in the hands of the faid fherifF, after deducting the ufual poundage for levying the fame, be paid over to the faid A. B. towards falisfa(Slion of his faid debt and colls accordingly, whenever he by his counfel learned in the law {hall think fit to move our court of Exchequer for an order for that pur- pofe J and we do alfo authorize and dire£l you to do, or caufe to be done, fuch further or other a£ls, as our faid court of Exchequer upon fuch motion Ihall or may judge neceffary for rendering our intentions herein mofl firm, valid and effectual ; and for fo do- ing, this (hall be your warrant. Given at our court at Saint James's^ the day of in the — — year of our reign. By his majefty's command. To our trufty and well-beloved ■ Sir John Mitford Knight, our . attorney-general. . George the Third, by the grace of God, of Great Suh^xna. Britain., France and Ireland, king, defender of the faith, Isfc. To efquire, (heriftof our county of , or to his under-flierifF, greeting : We command you, that laying afide all excufes, you obey, fulfil and perform all and every matter and thing fpecified in an order of our court of Exche- \ quer at We/iminjler, made in a caufe in our faid court depending between us and C, D. outlawed at the fuit of A, B. upon an outlawry; the tenor of which order, for your fuller information therein, is F 2 hereto 6S OUTLAWRY. heretu annexed •, and this you are not to omit, under the penalty of one hundred pounds, which we fliall caufe to be levied upon your goods and chattels, lands and tenements, for our ufe, if you negle£t this our conim;ind. Witnefs Sir Arcbibuld lilacdonald knight, at Weftminjlcry the day of in the year of our reign. By the faid order made the fame day, and by the faid barons. Ord.r for the It is found in 3 Certain book, of orders of this Ex- iherlirto pay ihe . n i i r money to tU chequer, to Wit, amonglt the orders ot term in pro ecutor. ^|^^ ^^^^ ^£ ^^ reign of king George the Third, in the page, on the part of his majefty's re- membrancer, as follows : the day of 179 - . Between the kiiig and C. D. outlawed at the fuit of A. B. upon an outlawry. Upon the motion of Mr. of connfel for A. B. informing the court, that the faid C. D. having been profecuted to an outlawry by the faid A. B. upon an a6lion of tref- pafs on the cafe, in his majefty's court of King's Bench, a writ of fpecial capias utlngatum tliereupori ifTued again il the faid defendant, under the feal of the faid court, directed to the flierlff of ; by virtue whereof, the faid fheriff feizcd by inquifition feveral goods and chattels belonging to the faid de- fendant, appraifed at — — /. ; and further inform- ing the court, that the faid writ of capias utlagatum and inquifition being tranfcribed into this court, a writ of vendition: exponas y under the feal of this court, iflued on the day of laft, for felling the faid goods, returnable the day of , at v^hich time, — — efquire, the prefcnt flierifF of — — * Be- OUTLAWRT. ^9 • ■■■ , returned the faid vrir, and certified that he had fold the faid goods and chattels for the faid fum of /. It was therefore prayed by the faid Mr. , that the faid efqulre, or his under-(he- {herifF, might forthwith pay to the faid ^. B. or his order, the faid fum of /.towards fatisfadlon of the debt due from the faid defendant to the faid profecutor Whereupon, and on hearing Sir John Miiford knight, his majefty's attornev-general, con- fenting thereto on the behalf of his majefly, it is ordered by the court as prayed, the faid (heriff firft deducting out of the faid /. the ufual poundage. EfigJatid, (to wit). George the Third, Is'c. To Writ of error our juftices affigned to hold pleas before us, greet- t>u;iiwry. ing : Becaufe in the record and proceedings, and alfo in the pronouncing of the outlawry agalnfl C. D. late of , in a plea of, i^c. whereon he is out- lawed in the county of , (or, in London,) lately pronounced, and before us returned, as it is faid, manifell: error hath intervened, to the great damage of him the faid C D. as by his complaint we have underftood : We being willing the error, if any hath been, fhould be duly corrected, and full and fpeedy juftice done to the fiid C. D. in this behalf, com- mand you, that if the outlawry aforefaul be re- turned before us, then the record and proceedings aforefald being infpe£led, you further caufe to be done thereupon, for the annulling of the outlawry aforefaid, what of right and according to the law and cuflom of England fliali be meet to be done. Witnefs ourfelf at WejlminJIcry the day of ■ ' ■ in the year of our reign. F 3 , After- 7© - OUTLAWRY. Aflignmentof Afterwards, to wit, on next after , in this fame term, before the lord the king at Wejimiti' Jler^ comes the faid C. D. by his attorney, and immediately fays, that in the pronouncing of the outlawry aforefaid, there is manifeft error in this, to wit, that the faid writ of exigi facias is infuflicient, invalid, and void in law ; therefore in that there is manifeft error; there is alfo error in this, to wit, ^r. (afligning the errors) : And the faid C. Z). prays the writ of the lord the king, to warn the faid A. B. to be before the faid lord the king, to hear the record and proceedings aforefaid ; and it is granted to him. Special entry of , (to wit). A. B. by his attorney, of- Lwry, plea of fcrcd himfclf on the fourth day againft C. D. late of no p'rociamaiion, ^£ ^ j^^ ^^_ , ^ -^^ ^j^^ • ^^ ^j^^ ^^^.j^ and outlawry re- r » v r ' verfed thereupon. " as it is faid,") and the faid C. D. did not come : Therefore, as before, the fheriff was commanded, that he fhould take the faid C. 7). if, b"f. and the fheriff thereupon returned, that he was not found, i^c. Therefore, as oftentimes, let the faid C. D. be taken, that he be before our lord the king on wherefoever, ^c. At which day before our faid lord the king at Wefiminjler came the faid A. B. by his attorney aforefaid, and offered himfelf on the fourth day againft the faid C. D. of the plea afore- faid ; and the faid C D. did not come : Therefore, as oftentimes, it was commanded to the {heriff, that he (hould take the fiud C D. l^c. and the (herifF re- turned that he was not found, 'zs'c Therefore the IherifF was commanded that he fhould caufe the faid C. D, to be demanded from county-court to county- court, OUTLAWRY. 7 1 ccuit, (or In Londotty from hufting tohufting,) until he fliould be outlawed, if he did not appear; and if, l^c. then that he fliould take him, and him fafely keep, fo that he might have his body before our lord the king on wherefoever, ^c, to anfwer the fald A, B. of the plea aforefaid : It was alfo commanded to the flierifF, that in purfuancc of the (latute in fuch cafe made and provided, he fliould caufe the faid C. D. to be proclaimed upon three feveral days, according to the form of that fta- tute, thst he fliould render himfelf to the faid (herifF, fo tliat he might have his body before our lord the king at the aforeHiid time, to anfwer to the faid A. B. of the plea aforefaid : And be it known, that the writ of our faid lord the king thereupon, on, is'c, (the tefte of the exigent) in this fame term, was de- livered of record to the deputy fheriff of the county aforefaid, in due form of law to be executed, is'c. At which faid before our faid lord the king at Wejlm'mjler^ came the faid A. B. by his attorney aforefaid ; and the (heriff of , namely , re- turned, that at the county-court held at in and for the county of , on ■ the day of (or in London^ at the hufting of pleas of land, holden at the Guildhall of tlie city of London on next after ) in the year, ^r. the faid C D. was a fivft time demanded, and did not appear: And at the county-court (or hufting), \jfc. (as in the return) and he did not appear: Therefore the faid C. D. is outlawed : And afterwards, to wit, on then next following, before our faid lord the king at Wejlmiiijler^ comes the faid C D. in his oivn proper per/on J and rtnders himfelf io theprifon of the marfhal of r 4 the OUTLAWRY. the court of our /aid lord the ling, before the king him" felf hercyon occnfton of the outlaivry nforefaid* , and im- mediately fays, that no writ of our faid lord the king of proclamation, according to the form of the ftatute of the thirty-firft yenr of the reign of the Lady Eliza^ bethy late Queen of England, in that cafe made and provided, ifTued againft the faid C. D. in the plea aforefaid, whereby the outlawry aforefaid, againft the faid C. D. in form aforefaid pronounced and had, is by the faid ftatute void, and of no force or efFe£l in law ; and this he !s ready to verify, where- fore he prays judgment, and that the outlawry afore- faid againft him the faid C. D. in form aforefaid pronounced and had, may be revoked, annulled, and altogether held for nothing, and that he may be re- ftored to all things which he hath loft on occafion of the faid outlawry : And the faid C. D. according to the form of the ftatute i:» that cafe made and pro- vided, finds fufficient bail, to wit, E. F. of, ^c. and G. H. of, is'c. And now here at this day come the bail aforefaid, and each of them for himfelf feverally acknowledges to owe to the faid ^. B. /. which faid feveral fums of /. they grant, and each of them for himfelf grants, fhall be made of their and each of their lands and chattels, and levied to the ufe of the faid A. B. on condition, tliat the faid C. D. {hall appear and anfvver the faid A. B. to a new ori- ginal writ, by the faid A B. to be profccuted for the caufe in the faid writ mentioned, and fliall pay the ♦ ThJ3 was beforethe flatute 4& 5 W. & M. c. i8. §3. when it was neceffdry that the defend.m: ihould appear in ferjon to reverfe an outlawry : Since the above ftatute, the form is as follows : " After- wards, &e. comes the faid C. D. by — — his iUorney, and immediatciy fays," ^c. ccn- OUTI AWRY. 73 condemnation wlncli fliall be recovered if the faul A. B. fliall profecute his fuit within two terms, l^c. Whereupon the aforefaid writ being feen, and the file of writs of the return of the fald writ of tx'igi facias being fearched for the proclamation aforefaid, it manifeftly appears to the fame court now here, that the allegation of the faid C D. above made for his difcharge from the outlawry aforefaid is true : Therefore it is confulered, that the outlawry afore- faid againft the faid C. D. in form aforefaid pro- nounced and had, be revoked, and that the faid C. D. be difchargcd from tlie outlawry aforefaid, and be in no-wife molefted or aggrieved on that occafion, but go thereof quit, and that the faid C. D. be re- ftored to all things which he hath loft on otcafion of the outlawry aforefaid, t^c, George the Third, &c. To the (herlfF of Supojedea^ unon greeting : Whereas by our writ we lately commanded o^^tilwr'^^for ^" you, that you fhould not omit by reafon of any li- want of procia- 1 r t 1 1 1 r 1 n mations. berty of your county, but by the oath of honelt and lawful men, ^c, (reciting the writ of fpecial capias utlogatum, to the words, " to do and receive what our court before us fhould confider of him In that behalf,") And becaufe it fufliciently appears to us of record, in our court before us, that the outlawry aforefaid is reverfed for want of proclamations, ac- cording to the form of the (latute in that cafe made and provided ; and that the faid C. D. thereupon came here into our court before us, and found fufu- cient bail to anfwer to the faid j4. B. upon a new original writ, to be brought by the faid A. B. within two terms next after the reverfal of the outlawry aforefaid, 74 OUTLAWRY. aforcfaid, and to fatisfy the condemnation, if the laid C. D. fliould be convi6led : Therefore we command you, that if you have taken the goods and chattels of the faid C. D. by virtue of the writ aforefaid, you caufe them to be re-delivered to the faid C. D. with- out delay : We alfo command you, that you wholly ceafe from taking the faid C. D., attaching, impri- foning, or in any-wife molefling him on the occafion aforefaid ; and if you have taken him on that occa- fion, and no other, then that you caufe him to be fet at liberty without delay, at your peril. Witnefs, O herwife, by George the Third, Is'c To the (lierlfF of p!l".nt^ff?a«or. greeting: Whereas by our writ, we lately command- ney, on the de- ^^ ^^^ /^g jj^ jj^g preceding form, to the words fendaot's putting J * \ r o in bail. " confidet of him in that behalf,") And becaufe the faid C. D. by the aflent of the attorney of the faid A. B.y came into our court before us, and found fufhcient bail to anfwer to the faid A. B. of the plea aforefaid, and to fatisfy the faid A. B. all damages, cofts and charges in that behalf to be recovered, if it fhould happen that the faid C D. (hould be con- vided in the plea aforefaid, and did not fatisfy the faid damages, cofts and charges, or render himfelf to the prifon of the marflial of the MarJIjalfea of our court before us on that occafion : Therefore we command you, l:!fc. (as la the preceding form to the end). jiKigment in the That liis majeHy's hands be removed from the "SotC"'^^ poiTeiilon of the premifcs in the inquifition men- outlawry, or tioned ; and that the faid C. D. (the outlaw or re- rfeath ot the out- ^ . . . law. prefentative) OUTLAWRY. 75 prefentatlvc) be rcftored to his poflcflion tliereof, together with the rents, iffiies and profits thereof, which have not ns yet been anfwercd to his faid majefty ; and (in cafe a leafe has been granted) that the faid leafe in form aforefaid made, be void and of no efFedt ; and that as well the faid '■ late flieriff of the county of , as all others who have been, now are, or hereafter (hall be fheriffs of the faid county, {hall be difcharged in their accounts towards his faid majefty, his heirs and fuccefTors, as well of the rents and profits of the faid premifcs, as of the faid annual rent of which have not been an- fwered to his faid majefty ; and laftly, that the faid CD. as to the faid premifes, may be difmifled the court, by reafon of the faid confclTion, and other tlie premifes. G^or^^ the Third, isfc. To the fherifF of Schf facias Mfon Tin ^ r. 1 1 • I r ^'^^ pardon of an greetmg : Whereas A. B. lately in our court beiore outlawry by the us, by our writ, impleaded C D. late of of a plea, ^c. as it is faid ; and the faid C. D., becaufe he did not appear in our court before us to anfvver the faid A. B. thereupon, according to the law and c\x{\.om oi Englandy was put in exigejit in your county to be outlawed, and was on that occafion outlawed, as appears to us of record ; And we, being moved with pity, have pardoned the aforefaid outlawry, and granted to him our firm peace thereupon ; neverthe- lefs, fo that he ftand rightly in our court before us in refpe£t of this outlawry, according to the form of the ftatute in fuch cafe made and provided : And be- caufe it is neceflary and expedient before the faid C. D, quietly withdraws from our court before us, that king. 76 OUTLAWRY. that the faid A. B. be warned : Therefore we com- mand you, that by honed and lawful men of your bailiwick, you make known to the faid J. B. that he be before us on wherefoever we fliall then be in Efiglandy to profecute further his plea aforefaid againft the faid C. D. if he will, and further to do aild receive what our court before us (hall confider of him in this behalf; and have there the names of thofe by whom you fhall fo make known to him, and this writ. Witnefs, is'c. Stirefjdas upon George the Third, tsfc. To the (herifF of ou^tiawVMl*^-" g''c^ting : Whereas by our writ we htely commanded "»'*^* you, that you fiiould not omit by reafon of any li- berty of your county, but that you fiiould take C D. late of , being outlawed at in your county on, isfc. at the fuit of yf. B. of a plea, l^c. if he fhould be found in your bailiwick, and him fafely keep, fo that you -might have his body before us Ott wherefoever we fliould then be in England, to do and receive what our court before us (hould ctfn- fider of him in that behalf: But becaufe by a certain a£l, made in our parliament holdtu at WeJJmitiJIer in the county of Aliddlefex, on , the faid out- lawry againd the faid C. D. in form aforefaid pro- nounced and had, wjs pardoned to the faid C. D.; neverthelefs, fo that the faid C D. profecute in our court before us our writ oi fcire facias to warn the faid A. B. of the plea aforefaid, if the faid A. B. will complain againft him ; and becaufe it is expe- dient and necefTary that the f.iid A. B. for his interefl in this behalf be warned, before any further proceed- ings are had for difcharging the faid C. D. of thp out- OUTLAWRY. 77 outlawry afortfaid : Therefore we command you, that by honefl and lawful men of your bailiwick, you make known to the faid A. B. that he be before us on ■, wherefoever we (liall tlien be in Eng-' landy to profecute his plea aforefaid againfl: the faid C. D. if he fhall be willing ; and have there the names of thofe by whom you (hall fo make known to him, and this writ. Witnefs, bV. At which faid , before our faid lord the king Return thcret*. at Wejlininjler, came the faid C, D. in his proper perfon ; and the flierifF of the county aforefaid, to wit, efquire, by virtue of the faid writ to him thereupon directed, returned, that he by E. F. and G. H. honeft and lawful men of his bailiwick, had made known to the faid A. B. to be before our lord the king at the day aforefaid, wherefoever, Ss'r. to profecute his plea againfl the faid C. D. ; and the faid A. B. although at that day folemnly called and fo warned, did not come, but made default : Therefore he and his pledges to profecute, to wit, jfoin Doe and Richard Roe, are thereupon in mercy, ^c. and let the faid C. D. go thereof without day, l^c. and let the pardon of our lord the king, according to the form of the aforefaid flatute, be allowed to the faid C. D. &c. ^B PONE, TO REMOVE A CAUSE. Forehythe Geofge the Third y l^c. To the fliCTifF of , picvin. greeting : Put, at the prayer of the plaintiff, before us on wherefoever we fhall then be in Efig- laiidy the plaint which is in your county, by our writ, between J. B. and C. D. of the cattle, goods and chattels of the faid A. B, taken and unjuftly de- tained, as it is faid ; and fummon by good fum- moners the faid C. D. that he be then there to an- fwer to the faid A. B. thereupon ; and have there the fummoners, and this writ. Witnefs ourfelf at Wejlmhifiery the day of in the year of our reign. The like, by the G^oro^' the Third, ^V. To the fhcriff of iz endant. greeting : Put before us on wherefoever we fhall then be in England, the plaint which is in your county, by our writ, between A. B. and C. D. of the cattle, goods and chattels of the faid A. B. taken and unjuftly detained, as it is faid ; and apprize the faid A. B. that he may be there if he will, to profe- cutw his plaint aforefaid againit the faid C. D. ; and have there this writ, and the other writ, Witnefs ourfelf at lVi'ftminf:er, the ■ day of in the year of our reign. And becaufe E. F. clerk of , flieriiTof the county aforefaid, who fre- quently in the abfence of the flieriff of that county holds the pleas of the fame county. Is the kinfman of the faid A. B. for which the fame (heriff favours him the faid A. B. in the plea aforefaid, as it is faid ; let this writ be executed, if the caufe be true, and the faid C. D. require it, otherwife not. RECORDARI FACIAS LOQUELAM, &C. 79 George the Third, i^c. To the fherifF of , J^ear da ri facias kquchm by the greeting: We command you, that in your full piaintiiiinie- county you caufe the plaint to be recorded, which is P*^""* in the fame county, without our writ, between A. B. and C. D. of the cattle, goods and chattels of the faid A. B. taken and unjuftly detained, as it is faid ; and that you have the faid record before us on — — . wherefoever we fhall then be in E.nglandy under your feal and the feals of four lawful knights of the fame county, of thofe who were prefent at the faid recording ; and that you prefix the fame day to the parties, that they be then there to proceed in that plaint, as fhallbe juft ; and that you have there the names of the faid four knights, and this writ. Witnefs ourfclf at Wejlmiiifler, the day of in the — year of our reign- Let this writ be executed, if the aforefaid A. B, require it, otherwife not. If the recordari be fued out by the defendant, there muft be a caufe afligned at the end of the writ, as thus : Becaufe the faid C. D. in pleading aflerts, that he took the faid cattle, goods, and chattels in his feparate foil, as doing him damage there, in which foil the faid A. B. claims to have common of pafture, as he fays ; which faid plaint, inafmuch as it concerns the freehold as aforefaid, ought not, ac- cording to the law and cuftom of England^ to be impleaded in the fame county, without our writ ; let this writ be executed, if the caufe be true, and the fjiid C. D. require it, otherwife not. 4 By 8o RFCORDA.II rACIAS I.OCiUEI.AM, &CC. Return to tlic By vjrtue of tills writ to me dire6lecl, in my tul! coumy hoklen at • in and for the county of , on ■ tlie day of , in the year of the rtign, iafr. 1 caufed to be recorded the plaint, which is in the fame county, without the writ cf our faid lord the king, between yi. B. and C. D., of the cattle, goods and chattels of the faid A. B. taken and unjullly detained, as it is faid ; which faid plaint appears in a certain fchedule to this writ an- nexed J and I 'have the faid record before our faid lord the king at Wejlm'injler, at the day within con- tained, under my feal and the feals of E. F. &c. four lawful knights of the fame county, who were prefent at the fiiid recording ; and I have prefixed the fame day to the parties withln-named, that they may be then there, ready to proceed in the faid plaint, as (hall be juft, and as I am within com- inanded. The anfwer of flierifF. ■ , (to wit). At the county-court of efquire, {heriff of the county aforefaid, held at in and for the faid county, on the day of in the year of the reign of our fove- reign lord George the Third, by the grace of God, ts'c. and in the year of our Lord , before E. F. ^c. freeholders of the faid county ; A. B. yeoman, complains of C D. of a pica of taking and unjuftly detaining his cattle, goods and chattels, to wit, , and alfo found pledges, as well to profecute his fuit with efTe^l, as to make a return of the faid cattle, goods and chattels, if a return RfeCaRDAfel FACIAS LOQUELAM, ScC. 8 I Return thereof fiiall be adjudged by laW;, to wif, G. H. of — : — , and j. K. of . Ey the fame flier iff. Gecrge the Third, iffc. To the fheriff of , Pore uprn a greeting : Put by gages and fafc pledges C. D. late of , that he be before us on •■ ■■■ wherefoever ■we fliall then be in England, to anfwer to A. B. of a plea, wherefore he took the cat:le, goods and chattels of the faid A. B. and them unjaltly de- tained againft gages and pledges, as it is faid ; and to fliew wherefore he was not in our court before xis, on laft paft, as that day was prefixed to him ; and have there the names of the pledges, and this writ. Witnefs L/oyd Lord Kenyan at J'F'e/i- tninjler, the — — day of in the year of our reign. George the Third, feV. To the flierifr of ^ D:ftnnga% greeting : We command you, that you diftrain C. D. ""°^"' late oi , by all his lands and chattels in your bailiwick, fo that neither he, nor any one by him, do lay hands on the fame, until you fhall have another command from us in that behalf, and that you anfwer to us for the iflues thereof, fo that you have his body before us, on , wherefoever we fliall then be in England^ to anfwer to A. B. of ^ plea wherefore, \S:c. (as in the pone, to the words ** as it is faid"), and to hear his judgment there- upon of many defaults; and have there this writ. Witnefs LloydhoxA. Kenyon, &c. G 82 RECORDARi FACIAS LOQjJELAM, EiC» PrKcdenicwhtxt Gcofge the Third, ^c. To the fherifF of , the ncotdari is . » i i i i i i i t sot returned. greeting : Although we lately commanded you, that in your full county you fliould caufe the plaint io be recorded, which was in the fame county, with- out our writ, between A. B. and C. D. of the cattle,, goods and chattels of the faid A. B. taken and un- juftly detained, as it was faid j and that you fhould have the faid record before us on wherefoever we fhould then be in England, under your feal, and the feals of four lawful knights of the fame county, of thofe v/ho fhould be prefcnt at the faid record- ing ; and that you fhould prefix the fame day to the parties, that they might be then there to proceed in \ that plaint, as fhould be juft ; and that you fliould have there the names of the faid four knights, and that writ ; Yet we being now moved with certain caufes in our court before us, command you, that m the fame plaint againft the faid C. D. at the fuit of the faid A. B. before you levied or afSrmed, and now depending undetermined, you proceed at your next county-court to be holden in and for the fame county, with what fpeed you can, in fuch manner, according to the law and cufi:om oi England, as you Ihall fee proper, our faid writ to you in that behalf heretofore direfted to the contrary in any-wife not- withflanding. Witnefs, ^c^ ACCEDAS AD CURIAM, &C. §3 Gd-i^r^^ the Third, &c\ To the {herlffof— — — , AtaJaiad greeting: We command you, that taking with you <^"''"""' four difcreet and lawful knights of your county, vou go in your proper perfon to the court of — — — , and in that full court you caufc to be recorded the plaint which is in the fame court, without our writ, between A. B. and C. D. &c. and have that record. before us on wherefoever we fhall then be in England, under your feal and the feals of four law- ful men of the fame court, who were prefent at that recording ; and prefix the fame day to the par- ties aforefaid, that they be then there to proceed in that plaint, as {hall be juft ; and have there the iiames of the faid four lawful men, and this writ. Witnefs ourfelf at JVefmlnfer, &c. Becaufe the faid C. D. is bailiff of the aforefaid of his court aforefaid, and holds pleas in the fame court, and ought not to be a judge in his own caufe ; let this writ be executed, if the caufe be true, and the faid A. B. require it, otherwife not. George the Tliird, ^c. To the flieriff of • ■ ', Prccedende greeting: Whereas by our w^rit we lately com- ' "^°"' manded you, that taking with you four difcreet and lawful knights of your county, you fhould go in your proper perfon to the court of , and ia that full court you fliould caufe to be recorded the plaint, which was in the fame court without our writ, between A. B. and C, D. &c. and that you fhould have that record under your feal and the feals of four lawful men of the fame court, who were prefent at that recording, and prefix the fame day to the parties that they fhould be then there to pro- G 2 ceed ACCEDAS AD CURIAM, ScC. cccd ill that plaint, as fliould be juft, and that yorf iliould have there the names of the faid four lawful men, and that writ ; hecaufe the faid C. D. was bailiff of the aforefiild of his court aforefald, and held pleas in the fame court, and ought not to be a judge in his own caufe; -and that the faid writ fhould be executed If the caufe were true, and the faid A. B. required it, otherwife not. And you on that day returned to us, that by virtue of the faid writ to you dire£led, on , taking with you four difcreet and lav/ful knights of your county, you went In your proper perfon to the court of then held there, and in that full court you caufed the plaint to be recorded, whereof mention is made in the aforefald writ, the record of which faid plaint annexed to the faid writ, you had ready before us at the aforefaid day, under your feal and the feals of four lav/i^ul men of the fame court, who were prefent at that recording, and that you had prefixed the fame day to the parties aforefaid, as by the faid writ you were commanded j which faid record follows in thefe words, to wit, A.B. complains againft C. D, of a plea, ^c. (here copy the record): And for di- vers caufcs us thereunto moving, it was confidei'ed in cur fame court, that the faid — — (the lord) ought further to proceed in the plaint aforefaid, be- tween the parties aforefaid : Therefore we command you, firmly enjoining you, that you give in charge to the faid that he proceed further In the plaint aforefaid, according to law and the cufliom of his manor aforefaid, our aforefaid writ to you thereupon dlredled In anywife notvvithftanding ; and that he render to the parties aforefaid full and fpeedyjuf- tice EILL and PT10CE3S aga'tnj} MEMBERS, S:c. tice in the piemifes, according to the cuftom afore- faid, as of right, and according to law and the cuftom of the naanor aforefaid, fliall have been ufed to be done. Witnefs Lloyd Lord Kenyon, &c. V/ay, term in the year of the reign of King George the Third. . (to wit), J, B. complains of C. D. efouire. Beginning and "^ '' conv-iufion ot a having privilege of parliament, of a plea of trerpafs. biiiaja'.nfta on the cafe, ^c. (or as the plea is) : For that where- Kou'icof ^°'^' as, l^^c. omitting the charge of fraud and deceit in '"""^' the breach in affumpjlty and concluding as follows : And the faid A. B. prays the procefs of our lord the king, to be made to him thereupon again (l the faid C. D., according to the form of the ftatute in fuch cafe made and provided , and it is granted to him, b't. Pledges, K5fe. ' (to wit). A. B. complains of CD. E.F, Beglnwrgofa ,.,,_,. ... - bill a^iainit leve- and G, H., the faid C. D. having privilege of par- rai de'it-ndants, liament, and the faid E. F. and G. H. being in the "^g r^j^'j^^.tr cuftody of the marftial of the MarfJjalfea of our lord ^"d *''^ °'^'-'''' '"^ •' _ . . ofloJy ot t^ie the now king, before the king himfelf, of a plea of siiiThil. trefpafs on the cafe, \^c. (or as the plea is) : f or that whereas, tfrV, ■ ^ ■' (to wit). Writ of funimons for A. B. Pranpe for wi\t • n. n n r • i • • -i r t offuuimons, agauiit L. 1). eiquire, having privilege of parha- G 3 ment 8(J BILL and PROCESS againjl ment. Cafe, for /. Upon promifes, (or as the a6tion is) returnable on • next after . E. F. attorney. 179-. Writoffum- George tht Thvciy ^c. To the fheriff of °^°"^* greeting : We command you, that you caufe to be fummoned C. D. efquire, having privilege of parlia- ment, that he be before us at Wejlmhijlery on — — next after — — to anfwer A, B. of a plea of trefpafs on the cafe, to the damage of the faid A. B. of - /. (or as the plea is), as he fliall be able reafon- ably to fliew, that thereof he ought to anfwer ; and have there then this writ. Witncfs Lloyd Loisl Kenycijy Sec. Way. Traaft for (to M^It). D'fjlriiigas for A. B. againft aijinngas. q^ j^ ^ cfquire, having privilege of parliament. Cafe, for /. upon promifes, (or as the adlion is,) returnable on next after . E. F. attorney. W'Jlringas. Giofge the Third, l^c To the (herifF of greeting : We command you, that you diftraia C D. efquire, having privilege of parliament, by all his lands and chattels in your bailiwick, fo that neither he, nor any one by him, do lay hands on tiie fame, until you fliall have another command , from us in that behalf, and that you anfwer to us for the iflues thereof, fo that he be before us at IFeJJminJer, on next after to anfwer A. B. in a pica of trefpafs on the cafe upon pro- mifes, to the damage of ihe faid A. B. of . A 8 (or MEMBERS o/*?^^ HOUSE o/* COMMONS. • 87 (or as the plea is), and to hear his judgment there- upon of many defaults j and have there then this writ. Witnefs, ^c. Way. George the Third, ^c. To the flieriff of > - ■ •- Mas otpkria greeting: We command you, as before, (or as '■^ ""^'"' oftentimes before) we have commanded you, that you diftrain, i^'c. (as before). George the Third, i$'c. To the {hcrifF of Tejlatum d:j~ greeting : We command you, that you diftrain, ^c. '^'"^^ ' (as in the dtjlringas to the words, " many defaults," and then as follows) : And whereupon our ftierifFof — — , at a certain day now paft, returned to us at WeJIminJlery that the faid C. D. hath nothing in his bailiwick by which he can be diflrained ; whereas it is teftified in our faid court before us, that the faid C. D. hath fufficient lands and chattels in your bailiwick, by which he may be diflrained ; and have there then this writ. Witnefs, is'c. Way. As yet of term in the year of the reign of King George the Third, Witnefs Lloyd Lord Kenyan. ■ ■ (to wit). Be it remembered, that on — — Entry of a bill next after in this fame term, before our lord aa.iinrta"rr;'emb«- the king at Weflminlier, comes A. B. by E. F. his °'"^l«^°- °^ <=> J J ' J Commons, to attorney, and brings into the court of our faid lord lave the ftatutct the king, before the king himfelf now here, his cer- tain bill againft C. D. efquire, having privilege of parliament, of a plea of trefpafs on the cafe, ^c, (or as the plea is) j and there are pledges for the G 4 profecution 68 BILL Ctnd PROCESS Ogalnjl MEMnERS, &c. profecution thereof, to wir, John Doe and Richard Roe; which faid bill follows in thefe words, (that is to fay) : (to wit), A. B. complains of CD. efquire, ^c. (here copy the bill, to the words, <' and therefore he brings his fuit; ^V." and then proceed as follows) : And the faic! A. B. prays the procefs of our faid lord the king to be made to him thereupon agaiiift the faid C Z)., according to the form of the ftatute in fuch cafe made aad provided j and it is granted to him, i^c. whereby the fheriff of ■ is commanued!, that he caufe to be fummoned the faid C. D. having privilege of parliament, that he be before our faid lord the king at Wejiminjler, on ■ next after , to anfwer the fai-acipe for a "" E. P. attorney. (to wit). The (herifFwas commanded, that Entryofcom- he fliould take C. D. late of, i^c. if, ^c. and him j^ original, fafely keep, fo that he might have his body be- fore our lord the king on wherefoever, ^c. to anfwer to A. B. of a plea, ^c. (as in the capias, to the words " as it is faid.") And the faid C. D. by E. P. his attorney, prays tliat his appearance thereupon may be recorded by the couyt h§re, and it h recorded, ^e. 92 COMMON BAIL, Common bail- term in the - year of the reign of King George the Th ud. Way. — — , (to wit). C. D. having been fcrved with procefs, is delivered to bail to Jo/m Doe, of — — , yeoman, and Richard Roe, of the fame place, yeoman. at the fuit of A. B. E. F. attorneyj ', 1 79 - • If common bail be filed by the plaintiff according to the ftatute, thefe words (liould be written on the ^ail-piece, " Filed according to the ftatute." Affidavit of fer. rice of process. In the King's Bench. A. B. plaintiff, and C. D. defendant, G. H. of, ^<;-. clerk to E. E. gentleman, attorney for the above-named plaintiff, maketh oath and faith, •that he this deponent did on the day of — — . inftant, perfonally ferve the above-named defendant with a true copy of a bill ofMiddk/ex, (or latitat , Sec.) which appears to this deponent to have been regu- larly iffued out of this honourable court againfl: the faid defendant, at the fuit of the above plaintiff, and SPECIAL BAiL. find returnable on next after /under wlilcli fiild copy was written an Englip notice to the faid defendant, of the intent of fuch fervice, purfuant to the ftatute in fuch cafe made and provided. Sworn, ^V. G.hL P.1 In the King's Bench. A. B. plaintifFi and C. D. defendant. Take notice, that this honourable court will be Notice of motiofl j-noved on . or fo foon after as counfel can be f'j!!^ k°-?'^ ' common baa. heard, for a rule to fliew caufe why the ' defendant fhoula not be permitred to file common bail In this a£lion, atid in the mean-time all proceedings be flayed. Dated, ^c. Your's, t2fc\ • term, in the year of the reign of King Goorge the Third. TFay. • , (to wit). C. D. is delivered to bail upon a cepi corpus^ to E. F. of , and G.H. of , Oath ' /. J. K. attorney, , 179-. at the fult of A. B. Special bail- piece. If 94 Recognizance of bail. filacer's entry ®f fpecial bail by original. Kotice of bail Ibe.'ng p'Jtin. Special baiL. tf takch before a commiffioner in tTie country, add thefe words : " Taken and acknowledged the - day of 179 - > before L. J\I., one of the commiflioners, fS'f." You do jointly and feverally undertake, tliat if C. D. fliall be condemned in this action, at the fuit of A, B.y he fliall fatisfy the cofts and condemnation, or render himfelf to the cuftody of the mar- flial of the Mar/Jja/fea, or you will do it for him. Are you content ? (to wit). Capias, C. D. late of, ^c. at the fuit of A. B. of a plea of trefpafs on the cafe, to the damage of the faid A. B. of /. (or as the plea Is). Bail, E. F. of, ^c. and G. H. of, '^c. Defendant himfelf in /. Each of the bail in A J. K. attorney for defendant. in the King's Bench. A. B> plaintiff, and C D. defendant.. Take notice, that fpecial bail was this day put iri (If by original, fay, put in with the filacer) for the defendant in this caufe, before the Honourabie Mr^ Juflice at his chambers in Serjeani's-iivj^ Chan* eery-lane, Lo?idon; and the names and additions of fuch bail are of ■- and of >. jDated the day of 179-' Your's, bfc. E. F. attorney for defendant (attorney's refidencc). To Mr. , attorney for plaintiff. SPECIAL BAIL." 95 If the bail are the fame as to the fherlfF, then add, ** and they are the fame, as are bail to the fherifF." A.B. plaintifF, In the King's Bench. and C. D. defendant. G.H, of, i^c. clerk to E. F. gentleman, attorney Affidavit of no^ for the above-named defendant, maketh oath and n'"excf^pterto" faith, that he this deponent did on the day of tobeindo.fed _ *• ^ _ 'on bail-piece, in - laft, ferve Mr. the plaintiff's attorney order to file with a notice in writing, purporting that the within- named bail were on the day of ■ ' ■ put in for the defendant in this caufe, before, ^c. G.H. Sworn, ^c. A. B. plaintifF, In the King's Bench. and C, D. defendant. J. K. of, ^c. maketh oath and faith, that the Affidavit of bsit recognizance of bail or bail- piece hereunto annexed, commiffionTr* was duly acknowledged by E. F. of, &c. and G. H. ''^ ^^^ "untry, of, ^c, before — — efquire, the commiflioner who took the fame, in this deponent's prefence, the — — day of laft paft. Sworn, Isfc. y.K. A. B. plaintifF, In the King's Bench, and C. D. defendant-^ E. F. of, i^c, and G. H, of, ^c. bail for the de- Affid^tvlt of fendait in this caufe, feveraHy make oath and fay ; 1^,,^ ^^J"" "^ and p(y SPECIAL GAIL.' and firft, this deponent E. F. for liinifelf faltii, that he is houfekeeper in . aforefaid, and that he this deponent is worth the fum of /. (double the fum fworn to) over and above what will pay all Lis debts : And this deponent G. H. for himfelf faith, that he is a houfekeeper in , and is worth the fum of /. over and above what will pay all his debts. E.R Sworn, ts'c. G. H. J. B. plaintiff. In the King's Bench. and C. D. defendant. Notice of the Take notice, that tlie bail-piece in this caufe, bail-piece and - i t rr- i • r i affitiavic being With thc affidavit of the due taking thereof, was this *'^'^' day filed with the Honourable Mr. Jullice at his chambers in Serjeanfs-infif Chancery-lane^ Lo?i- don. Dated the day of 179 -. Your's, ^c. J. K. agent for defendant. To Mr. L. AL agent for plaintiff. Entry of excep- I except Hgainft thefc bail. tiontc bail. . 7- 77 1 • .-/rj x«. ii./'. plaintiff s 'attorney, ^. B. plaintiff. In the King's Bench. and C. D. defendant. Notice of excep- Take notice, thr.t I have excepted againfl the ball put in for the defendant in this caufe. E. F. plaintiff's attorney. - — i79- in tiort. SPECIAL BAlLi, 97 J, B. plalntiiF, tri the King's Bench. and C. D. defendant. Take notice, that the bail put in for the defend- Notice of juftl- fication by fame ant in this caufcj and of whom you have already bail. had notice, will on next juftify rhemfclves in open court, at Wejlminjier-hall^ in the county of Middlefexy as good bail for the faid defendant* Dated this day of lyg - . Your's, ^c. E. F. attorney for defendant. To Mr. G. H. attorney for plaintiff. If the bail were put in before a commiflioner, the iiotice (liould exprefs that they will juftify them- felves " by affidavit." J. B. plaintiff, tn the King's Bench. and C. D. defendant. Take notice, that E. F. of, Isc. will on K.-Jce of aJding next be added to the bail already put in for the de- [uftitying!'^ fendant in this caufe, and that he, together with G. H. one of the bail already put in for the faid de- fendant, and of whom you have before had notice, will at the fame time juftify themfelves in open court, at Wejlminfier-hall^ in tlie county of Middle- fex, as good bail for the faid defendants Dated the • day of > 179 - . Your's, l^c. J. K. attorney for defendant. To Mr. L.M. attorney for plaintiff, K A. B. p$ SPECIAL BAIL. ^. B. plaintiff. In the King's Bench. and C. D. defendant. Notice of atidlng Take noticc, that E, F. of, ^c. and G. H. of, d?ffe«nlS ^'' ^i" o" "ext be added to the bail already put in for the defendant in this caufe, and at the fame time will juftify themfelvcs in open court, at Wejimwjier-hally in the county of Middlefexy as good bail for the faid defendant. Dated the day of ^ — 179-. Tour's, Id'c. J. K, attorney for defendant. To Mr. L. M. attorney for plaintiff. A. B. plaintiff. In the King's Bench. and C. D. defendant. Affidavit of fer- G. H. of, ^c. clcrk to E. F. gentleman, attorney ^^ifUficacbn." °^ ^°^ ^^^ defendant in this caufe, makethoath and faith,^ that he this deponent did on the • « day of — — inftant, perfonally ferve Mr. — — , the plaintiff's at- torney, with a true copy of the notice hereunto annexed. (If the notice be ferved on the clerk or fervant of the plaintiff's attorney, fay, " ferve Mr, ■ , the plaintiff's attorney in this caufe, with a true copy of the notice hereunto annexed, by de- livering the fame to the clerk (or fervant) of the faid , at his houfe (or chambers) in — — .") C.H. Sworn, b'r. In SPECIAL BAIL. 99 J. B. plaintiff. In the King's Bench. and C D. defendant. E. F. of, ^c. clerk to Mr. G. H. attorney for the Affidavit to op- plaintiff in this caufe, maketh oath and faith, that ^° ^ Mr. y. K. attorney for the defendant in this caufe, having ferved the faid G. H. with notice of juftifying bail in this adion, he this deponent by the order and direftions of the faid G. H. inquired into the fuffi- ciency of the bail intended to be juftified for the faid defendant •, and faith, that L. M. one of the faid bail hath been a bankrupt, and hath not yet obtained his certificate, as this deponent hath been informed and verily believes. E.F, Sworn, ^c. A. B. ■^ Upon reading the affidavit of G, H. it Is Rule for the al- V. > ordered, that the bail put in for the de- '*^*"" ° C. D. J fendant in this caufe, who have this day juftified themfelves in court, be allowed, and (if by bill) the bail-piece filed. Upon the motion of Mr. . By the court. As yet of term (the term of which the Entry of re- declaration is intitled) in the year of Zth^'mf the reign of King George the Third. Wit- nefs Lloyd Lord Kenyan. (to wit). Be it remembered, that on — — next after — in this fame term, before our lord tlie king at Wejiminjier, comes J. B. by his K 2 attorney. SOO SPECIAL BAIL. attorney, and brings Into the court of our faid lord the king, before the king himfelf, now here, his cer- tain bill againfL C. D., being in the cudody of the niarfhai of the marfhalfea of our faid lord the king, before the king himfelf, of a plea of trefpafs on the cafe, (or as the plea is,) and there are pledges for the profecution thereof, to wit, John Doe and Richard Roe; which faid bill follows in thefe words, that is to fay : (to wit). ^. B. complains of C. D. &c. (here copy the declaration to the end, omitting the pledges, and proceed on a new line as follows j : And the faid C. D. by his attorney, comes and defends the wrong and injury when, Is'c. And thereupon E. F. of, ^c. and G. H. of, iffc. come in- to the court of our faid lord the king before the king himfelf, now here, in their proper perfons, and be- come pledges and bail,, and each of them becomes pledge and bail for the faid C 1)., that if the faid C. D. fhall happen to be convicted at the fuit of the faid ^. B, in the plea aforefaid, then the faid bail confent, and each of them confents, that all fuch damages (or in debt, that as well the faid debt as all fuch damages) as fiiall be adjudged to the faid j4. B. in that behalf, fhall be made of their, and each of their lands and chattels, and levied to the ufe of the faid J. B.y if it fhall happen that the faid C D, (hall not pay the faid damages, (or in debt, the faid debt and damages,) or render himfelf to the prifon of the marflial of the marfhalfea of our faid lord the king» before the king, himfelf, on that occafion. Th^ SPECIAL BAIL. I^^ The entry (or further entry) of J. K. gentleman, Do:icct.paper. •eae, ^c. of term, 40th George the third. Entry of recognizance of bail, by E. F. and G. H. bail of C. D. defendant, at the fuit of A. B. plain- tiiF. Roli . As yet of term, (the term v/herein the Entry of recog- J r J nizance of bail procefs upon which the detendant was af-ty original, refted was returnable,) in the year of the reign of King George the Third. Wit- nefs Lloyd Lord Kenyan. • * (to wit). The flieriff was commanded. that he fhould take C. D, late of , if he (hould be found in his bailiwick, and him fafely keep, fo that he might have him before the lord the king on . , wherefoever the faid lord the king (liould then be in England, to anfwer A.. B. he. (as in thecapiaSy to the words, " as it is faid^" and if there was ao alias, proceed as follows) : Whereupon the fheriff of , to wit, efquire, did return to the faiJ lord the king, before the king himfelf, that the faid C. D. was not found in his bailiwick: And there- upon the faid fnerifF was commanded, as before, that he might have him before the faid lord the king on — , wherefoever the faid lord the king fhould then be in England, to anfwer the faid A. B. in the plea aforefaid : At which day, that is to fay, on , before the faid lord the king at JiTeJIminJIery the faid A. B. comes in his proper perfon, and offers himfelf on the fourth day againft the, faid C D. in the pica aforefaid ; and the find C. D. by his attorney * The county or city where the baal was put in. '^ H 3 alfo •t02 SPECIAL BAIL'. alfo comes, and defends the wrong and injury when, t2fc. And thereupon at the fame day E. F. of, l5\: and G. H. of, Is'c. come here into the court of the faid lord the king, before the king himfelf at Wejl- ni'injler, in their proper perfons, and become pledges and manucaptors, and each of them by himfelf be- comes pledge and manucaptor, for the faid C. £)., and acknowledge themfelves to owe, and each of them doth acknowledge himfelf to owe, to the faid A. B. the fum of /. and do fubmit and grant for themfelves and their heirs, and each of them dotli fubmit and grant for himfelf and his heirs, that the faid fum of /. fhall and may be made of their, and each of their, lands and chattels, and levied to and for the ufe of the faid A, B. in cafe the faid C, D. (hall happen to be convidled in the plea afore- faid, at the fuit of the faid A. B. and if the faid C. D. fhall not pay and fatisfy unto the faid A. B all fuch damages, cofts and charges (or in debt, as well the faid debt or fum of /. as all fuch damages, cofts and charges) as fhall be adjudged to the faid A. B. in the plea aforefaid, or render him- felf to the cuftody of the marfhal of the marfhalfea of the lord the king before the king himfelf, on that occafion. A.B, plaintiff. In the King's Bench. and C. D. defendant. Intry er minute (to Wit). C, D. thc above defendant did £oaratt^?nl this day of 1 79 - , render himfelf (or was rendered) in difcharge of his bail, at the fuit of the above SPECIAL BAIL. IO3 above plaintlfF, and was thereupon committed by Mr. J u (lice to the cuftody of th-* marihal, Iffir. there to remain until, ^c. A. B. plaintiff. In the King's Bench. and C. D. defendant. Take notice, that the above defendant did this Notice of render. day render himfelf (or was this day rendered) in difcharge of his bail, at the fuit of the above plaintiff, and was thereupon committed by Mr. Juftice '• to the cuftody of the marfhal, Isfc. there to remain until, tsfc. Dated the — — day of — — . I79-. Your's, ^c. To Mr. G. H. attorney E. F. attorney for for plaintiff. defendant (or for the bail, as the cafe is). A.B. plaintiff. In the King's Bench* and C. D. defendant. G. H. of, is'c. clerk to E. F. gentleman, attorney Affidavit of (tr. for the defendant's bail in this caufe, maketh oath render."""" ° and faith, that he this deponent did on th^ ■ day of inftant, perfonally ferve Mr. the plaintiff's attorney, with a true copy of the notice hereunto annexed ; and if the fervice was on his clerk or fervant, add, " by delivering the fame to the clerk (or fervant) of the faid Mr. at his houfe (or chambers) in •— in the county of — ," Sworn, ^f. «4^ I04 PROCEHDINGS AGAINST SHERIFFS, Rule to return writ. A. B. "^ It is ordered, that and fherlffs V. > of Lc.:Jon, (hall within four days next after C. D. J notice of this rule, to be given to their fe- condarks, (or that Iheriff of the county of ■ flrall within days next after notice ot this rule to be given to his under-lherifF ) peremptorily return the writ of iilued between the parties. Affidavit of fer- vice of rule to return the writ, Sec. In the King's Bench, 4.B, plaintiff, and C. D. defendant, A. B. ofj ^3G3 AGAINST SHERirf ^. 'alfo to a bill, Wf (or by original, the body of E. F. late of, <3'c. whom b^ our command the faid G. H. lately took, as you- returned to us at Wcjlminjier-^ on ^Ljil paft, to nnfw^er to A, B. of a plea of,C5*6-.) and for the faid G. H. to hear h''. judgment there- upon of many defaults ; and have tb.ere then (or, by eriginaljvhaVc there) this writ. Vv^itnefs, ^c. T^ntiv thereof 'I'^he flierifF wa's commanded, that he fhould tike H°«i'"-*'- C. Z>^ late of, &ff. if, ^c. and him fafely keep fo that he might have his body before the lord the king on, CsV. laft paft, wherefoever, ^Ifc. to anfw^er to vf.- Z). of a plea, ^r. And now here at this day, comes the faid A. B. by E. F. his attorney, and offers himfelf on the fourth' day againft the faid - G. D. of the pica aforefaid ; and the faid C. D. does not come : And the fheriffretumaj that he hath made Lis mandate to C H. bailiff of the liberty of in the county afcrcfaid, who has the return of all writs and procefs and the execution of the fame within the liberty afQi'cf;^id, and vidthin which the execution of that writ, by him the faid flierifF could not be made ; which f-ud bailiff gave this anfwer to . the. faid {he riff, that he had taken the body of the laid C. D. whofe b.)dy he would have here at this ' day. And becaufe the did bailiff hath not the body of the faid C. D. here ad this day : Therefore the faid baililf is in mercy, and amerced by the court of * o-ur lord the king here to /.,- and it is com- manded to the Oieriff, tlvat he dilkain the aforefaid ■ baili-tf by all his lands, iffc. and that he anfvver, iS'c. u fo that he have before the Icrd the 'king, on i — :— wherefoever, ^a. the bedy of the faid C D; whom. PROCEEDINGS AGAINST SHERIFFS. ICC) ^c. to anfwer to the f.ud y^. B. of the plea afore- faid, ^c. George the Third, ^c. To the coroner of the Attachment againft the flie- cpunty of greeting: We command ycu, that ri rF, for not bring- you attach C. D. fheriffof our faid county, fa that '"^'^''^^^^^■ you may have huii before us on, ^c. to anfwer to us, for c&rtain trefpaflVs and contempts done arid committed in our court before us ; and have there this writ. Witnefs, (S'c. By the court. Templer. By rule of court. E. F. clerk In court- Indorfeavewt. A. B, "p It is ordered, that and — — nieriffs Rule to briu^ ' V. > of Z(?;/Jo;/, {hall within four days next after '"^^*" '" CD. J notice of this rule to be given to their fecondaries, (or that flierifip of the county of < fliall within days next after notice of this ♦ule to be given to his Tider-flieritT,) peremptorily bring into court the body of the defendant. A.B. plnlntilF, In the King's Bench. and CD. defendant. E. F. of, ^c. clerk to G. H. gentleman^ attorney Affidavit o«f ibr- for the plaintiff in this caufe, maketh oath and faith, bring in iher that he this deponent did on the day of '^°'^^* *^*'' inflant, pcrfonally fcrve Mr. ■ , who ads as deputy-fecondary of the compters, (if in London ; or if in Aliddlefexy 'Mr. ^ who ads as deputy- fiieriff of the county of Middltftx; or if in any other county, Mr. , who ads as under-0ierifF of the ■••■> - ■' 5 comM^ lib HABEAS CORPUS. county of ,) with a true copy of the rule here- unto annexed, and at the fame time fiiewcd him the faid original rule : And this deponent further faith, that no bail above has been put in for the defendant in this caufe, (or that bail above was put in, but that the fame is not perfedled). E,F. Sworn, l3fc. Prae'tfe for ■ (to wit). Habeas corpus for C. T). to d© habta% corfut . , i , • i- t ium (aujd. and receive, <^c. returnable immediately. E. F. attorney, WntofftaBea! George the Third, ^c. To the (heriff of , 7odoVnTrtcliZ g'^eeting: We command you, that you have the '^'^- body of C. D. detained in our prifon under your cuftody, as it is faid, under fafe and fecure condudl, together with the day and caufe of his being taken and detained, by whatfoever name he may be called in the fame, before our right trufty and well- beloved Lloyd Lord Kenyotif our chief-jullice af- figned to hold pleas in our court before us, at his| chambers, fituate in Serjearifs-Inn, Chancery-Lane, LondoHy immediately after the receipt of this writ, to do and receive all and fingular thofe things which our faid chief juftice fhall then and there confider of him in this behalf ; and have there then this writ. "Witnefs Lloyd Lord Kenyon, at Wejlminjlery the day of in the — — year of our reign. E. F. attorney. Way, George HABEAS CORPUS. Ill Vjeorge the Third, f^c. To the warden of our Uahtai cor(,ui ad prifon of the Fleets greeting : Wc command you, ^'• that you have the body of C. D. detained in our prifon under your cuftody, as it is faid, under fafc and fecure condu£V, together with the day and caufe of his being taken and detained, by vvhatfo- cver name he may be called in the fame, before us at WeJiimnJIefy on next after , to anfwer A. B. in a plea of trefpafs, and alfo to a bill of the faid A. B. to be exhibited againft the faid C. D. for ■ — /. upon promifes ; and further to do and receive all and fingular thofe things which our faid court before us fhall then and there confider of him in this behalf i and have there then this v/rit. Witnefs, ^c. Way. - " Oath for /. by affidavit filed. E. F. attorney. George the Third, ^c. To the {herifF of , The like, Ixci greeting : We command you, that you have the W"'-*"*- body of C. D. by you taken, and in our prifon un- der your cuftody detained, (although fick,) as by your return, fent into our court before us, mani- feftly appears, (or as manifeftly appears to us by the return of — — , late fherifFof the county aforefaid,) before us at Wejlminjler^ on next after , to anfwer to A. B, &c. (to wit). Habeas corpus ad fat'isfaciendum Praaps for /U- for A.B. againft CD. for /. damages, (or ;;-;/S,t for /. debt, and — — /. damages and cofts,) returnable, ^c. E. F. attorney. Ceorse li^ HABEAS CORPUS. ■fiabeas eyrfus ad George the Third, t3c. To the warden of Olif ■' pnion 01 tne Pleety greeting : We command you^ that you have before us cit WeP.minfter, on next after the body of C. D. under fafe and fecure conduct, detained in our prifon under your cudody, as it is faid, together with the day and caufe of his being taken and d t uned, by whatfo- ever name he may be called in the fame, to fatjsfy A. B. /. which the faid A, B lately in our court before us at Wejlmirijler^ recovered againft the faid C D. for his damages which he had fuftained, as well by reafon of the not performing certain pro- mifes and undertakings then lately made by the faid C D to the faid A. B. as for his cods and charges by him laid out about his fuit in that behalf, : or i£ in debt, to fatisfy A. B as well a certain debt of 7. which the faid A. B. lately, in our court before us at WeJ]minJ}er^ recovered againft the faid C D. as alfo A for his damages which he had fuftained, as well by reafon of detaining the faid debt, as for his cods and charges, <^V.) whereof the faid C. D. is conviiled, as appears to us of re- cord ; and further to do and receive what our faid court before us fhall then and there confider of him in this behalf ; and have there then this writ. Wit- nefs, ^c. Direaion of To the marfhal of our prifon of the Marjhalfea habtdt cor bus, . tochemaifliai. before US. Warden of the To the warden of our prifon of the Fleet. flee:. Mayor'? court To thc tnayorj aldermen and fheriffs of London, of London. To HABEAS CORPUS. I I 3 To tlie fhcriffs of the city of London. ?he ifT'^coait of London. To the flierifF of . Counry-court. To the judges of our palace-court of Wijlniinfcr, Mr.vrtiaiica. and to each of them. To the fteward of the court of the liberty of the Borough courtof mayor and commonalty and citizens 01 the city 01 Londori^ of their town and borough of Soiithwark in the county of Surry, and alfo to the bailiff of the jQime liberty. To the fteward of our court of record, within the wh'.techapd manors of Stepney and Hackney in the county of Middiefex, the hamlets and liberties of the fame, and alfo to the prothonotary of the fame court. To the mayor, bailiifs and burgefles of the borough Abingdon. of Abingdon in the county of Berls, and to every of them. To the mayor, recorder and aldermen, juftices of Bath, our city of Batb in the county of Sonierfety and to every of them. To the mayor, aldermen, burgefTes and recorder Bedford. of the town of Bedford In the county of Bedford. To the mayor, aldermen and (herifFs of the city BriftJ. of BriJIoly and to the mayor and conftables of the ftaple of the fame city, and alfo to the bailiffs of the mayor and commonalty of the fame city of Briflolj of their court of Tolfey. and to the bailiffs I ■ of , ■ 114 HABEAS CORPUS. of tlie fald mayor and comiiionalty of the fnmc cify of their court of Piepowder, and to every of them. Bu.kingham. To t.hc bailifF ant! burgelfes of the town of Buck- i'ighain in the cour.ty of Biichhigham. Cambiuigc. To the mayor and brahlTs of the town of Camf bridge. Car'iile. To tlie mayor, alucrmen, bailifls and citizens of our city of Caylijle in tlie county of Cumhtrlavd. Coventry. To the mayor, bai'iiils and commonalty of our city of Coventry. Ceiby» To the mavor and burr^eiTes of our borough of Derh in the county of Derby. Exeter. To tlie mayor and bailiiTs of our city of Exeter in the county of Devon, and to the baihf/s, citizens and provofts of the fame city. Gioucefter. To the mayor, aldermen and flieriffs of our city of Gloucejler. Heref&rd. To the mavor^ aklermeu -iiw^ citizens of our city of Hereford. rjettford. To the mayonand enpital burgeffes of the borough ■of Hertford in the county of Hertford, and alfo to^ the ftev/ard of our court of record there. Huntingdon. To the mayor, alderm.en and burgeffes of the bo- rough of HuntingdiH in the county of Hiaiihigdou. * 2 Te HABEAS C0RPU5. I r $ To the mayor and (herilTs of our town and county Kingfton-upo ; the ITork. of the town of KhigJIon-tipon-Hull in the county of To the bailiffs and fleward of our court of our Kinjfton-upoa- to'wn oi KliigJIon'itpon-Thanies ; and in the abfencc ^^'''""' of the faid fteward, to the bailiffs and recorder of the fame town, or any two of them. '' To the mayor, fhcrlfTs and citizens of our city of Lincoln. Lincoln. To the bailiffs, burgefftrs and citizens of otir city Litchfield, of Litchfuld. To the mayor and bailiffs of our borough of Liverpool, Liverpool in the county of Lancajlcr. To the recorder, bailiffs and capital burgefles of Ludlow„ our borough of LucUoto in the county of Salop. To the mayor and bailiffs of our town of Alon- Monmouth. mouth. To the mayor, aldermen and burgeffes of our Newbury. borough of Newbury in the county of Berks, To the mayor and bailiffs of our town and bo- Northampton, rough oi Northampton in the conuty oi Northaf!2pton. To the mayor, aldermen and iherlffs of our Norwich. county of the city of Noriv'uh. To the mayor and burgeffes of our town of Net- Nottmgham, tinghatn. 12 To ii6 HABEAS CORPUS. Oxfjj-d. 'to tKe mayor and baillfTs of our city of Oxford In the county of Oxford. rorfmouth. To the mayor, aldermen and burgefles of our borough of Portjmouth iti the county at Southampton, Southampton. To the mayof and bailiffs of our town of South- amptoft. ^Vorceftef. To the mayor, recorder and aldermen of our city of Worcejler. York. To the mayor, aldermen and fherlfTs of our eity of York. Bail-piece on habeus corpus. term, in the year of the reign of King George the Third. Jfay. ', (to wit). C. D. is delivered to bail upon habeas corpus^ to E. F. of , and G. H. of , Oath for /. J. K. attorney. At the fuit of the plaintiff in the plaint. tlecogniz.ince of You do jointly and feverally undertake, that If the illtur^ ''"'"^ defendant be condemned at the fuit of the plaintiff (or plaintiffs) In the plaint, that he fhail fatisfy the coils HABEAS CORPUS. £ I 7 coils and comlemnation, or render hlmfclf to die cullocly of the marllial of tlie marflialfca of the court of King's Dench, or you will do it for him. J.B. plaintiff, Jn ihe King's Bench. and C. D. defendant. Take notice, that f^^ecial bail was this day put in Notice of bail upon the habeas corpus iilued in this caufe, before the ^ifaHl^pui!^ honorable Mr. Juftice , at his chambers in 5^';- jeants'-Inn, Chancery-Lane y London ; and the names of the bail are of — — and of — — . Dated, 15" c. Yours, ^c. E. F. defendant's attorney, To Mr. G. H. attorney for tlic plaintiff. Take notice, that the bail already put in for the Notice of juftl- defendant in this caufe, upon the writ of habeas ' ' ' corpus, and of whom you have had notice, will on — — ,~ ne>;t, juflify themfelves in open court, at W^e/I- niinjler-hall in the county of Middlefexy as good bail for the faid defendant. Dated, ^^r. Yours, ^c. E. F. defendant's attorney, To Mr. G. H. attorney for the plaintiff. George the Third, l^c. To the Hieriff of , Procederdoo^. greeting: Although we lately by our writ com- " ^'^^^■"F"^* manded you, that you fhould have the body of CD. detained in our prifon under your cuftody, as it was I 3 f^idj jl8 CERTIORARI. fald, under fafe and fecure condu£l:, together with the day and caufe of his being taken and detained, by whatfoever name the faid C. D. might be called in the fame, before our right trufly and well-beloved Lloyd Lord Kffiyon, our chief jufticc afliirncd to hold pleas in our court before us, at his chambers fituate in Stijeants'-Inn, Chancery-Laney London^ immedi- ately after the receipt of that writ, to do and receive all and fingular thofe things which our faid chief- juHiice {hould then and there confider of him in that behalf; yet we being now moved with certain caufes in our court before us, command you, and every of you, that in all plaints and faits again ft the faid C. D. at the fuit of A. B. in our court before you, or any of you, levied or affirmed, or before you or any of you now depending undetermined, you pro- ceed with what fpeed you can, in fuch manner, ac- cording to the law and cuftom of England^ as you (hall fee proper, our faid writ to you thereupon be- fore directed to the contrary thereof in any wife notwithftanding. Witnefs Lhyd Lord Kenyon^ Sec. Way. (V.'i"5rfl/!to re- George the Third, Iffc. To greeting: We from anTrUerior b^ing willing for Certain caufes, to be certified of a ^'^^^^- plaint levied in our court before you againft C. D, at the fuit of y^. B. of a plea of trefpafs on the cafe, (or as the plea is,) command you that you fend to us at Wejlmwjler^ on next after , the plaint aforefaid, with all things touching the fame, as fully and CERTIORARI. 119 and entirely as it rciiKiins in our court before you, by whatfoever names the parties may be called there- in, together with this writ, that we may further caufe to be done thereupon, what of right we fliall fee lit to be done- Witnefs Lloyd Lord Keiipii^ he. George \\\Q.T\\\r(\y i^c. To tlie mayor, aldermen The ilk?, to the and (lieriffs of Z, o o ^ n L£-«J.«. willing, for certain caufes, to be certified as well of a certain bill original in our court before you, or fomcofyou, levied or affirmed againft CD. late of , at the fuit of A. B. of a plea of debt on demand for /. as of a certain atiaclmient tiiere- upon made of /. in the hands and cuflody of E. F. being attached and defended, lately by our writ commanded you and every of you, that you fhould fend tlie bill original and attachment afore- laid, with all things toucliing the fame, as fully and entirely as they remained in our court before you, or any of ycu, by whatfoever names the parties miglit be called therein, before us at Wefminjiery on next after , together with that writ, that we m.ight further caufe to be done thereupon, what of right w^e (hould fee fit to be done : Never- thelefs for certain caufes, now fpeeially moving us in our court before us, we command you, and every of you, that as well in the bill original aforefaid, in our faid court before you, or fome of you, levied or affirmed againft the faid C. D. at the fuit of the faid ^. J5. in the plea aforefaid, as in the attachment aforefaid thereupon made of the faid /. in the hands and cuftody of the faid E. F, with what fpeed you can, you proceed in fuch manner, according to the law and cuftom of England, as you fliall fee proper, our writ of ccriiomri aforefaid to you there- upon before dire£l:ed to the contrary thereof in any- wife notwithftanding. Witnefs Lloyd Lord Kcnyon^ &c. term PRISONER^. '^3 «—— term in the year of the reign cf King George the Third, f to wit', yl. B, complains of C D. beinfj Beuinmnc of a bul agiinlt a pri- in the cuftody of the ,mar{hal of tiie mavflialfea of foner mcuftody ou'.- lord the now ] that whereas, i2c. oui- lord the now king, before the king hinifelf j for "'''''" "'^'■'^'*' — — (to wit). Be It remcmhereil^ thnt on the The like, where , r . 1 ^ , . - t'le caufe of • day ot HI the year of die reign of ,,aion arifes and our lord the now king, (a day after the caufe of ac- ^''-'''''"^ •'''"'* '•'* tion accrued) A. B. brought into the oQice of the clerk of the declarations of the court of our faid lord the king himfelf, according to the courfe and 5ra£lice of the fame court, his certain bill againft C. D. being in the cuftody, isfc. of a pica of tref- pafs on the cafe, ^c. (or as the plea is,) and filed the fame bill as of term, in the year of the reign of our faid lord the king ; which faid bill follows in thefe words, (that is to fuy'i : , (to wit,) A. B. complains of C. D. being, bV. • • (to wit). yl.B. complains of C. Z). being Rpginningofa in the cudody of the flieviffof by virtue of a vvhei-rdefl'dant certain precept called a bill of Middlefex. (or by vir- isi.i cmtody oi tue of a certain writ of our lord the king called a latitat, or alias capias^ &c.) iflbing out of the court of our faid lord the king, before the king himfelf, at the fuit of the faid A. B. againfl: the faid C. D. and returnable In the fame court on next after — — in this fame term i for that whereas, Is'c. ■— — (to wit). A.B. complains of C. Z). 'being The like, wher* in the cuftody of the flierifFof the county-nalatine ''^'■^"daaihm q£ Iheriff of a c )un- ty-pjhtine. Y24 PRISONERS. of by virtue of a certain writ of our lord the now king called a latitat^ IfTuing out of the court of our faid lord the king, before the king himfclf, at the fuit of the faid A. B. againfl: the faid C. D. di- ViJe ante, p. 13, reeled to , and alfo by virtue of a certain other writ of our faid lord the king, under the feal of the faid county-palatine, thereupon duly made and di- re£led to the flierifF of the fame county-palatine •, for that whereas, ^c. «+• The like, where — ; — f to wit). A. B. ccmplaius of C. D. being in in*^cuftody^"t an ^'^^ cuftodv of by virtuc of a certain writ of officer ()f a par- q^^ ]qj.j jj^jg j^^^^ j^;,-[„ caUgd a latitat, ifluing out of ticuUr hdncliile ° ° the court of our faid lord the king, before the king himfelf, at the fuit of the faid A.B. as>ainn: the faid C Z). and alfo by virtue of the faid flieriff's man- date on the faid writ, diredled to aforefaid, of a plea of trefpafs on the cafe, ^c. (or as the plea is) j for that whereas, t c. TliiE Ike, agalnft __ — (towit). A. B. complains of CD. and' where one is In -£"• j^^ the faid C. Z). bcing In the cuflody of the fhe- ftetiff^and'ths ^'ffof by virtue of a certain precept called a o her ot the [jjji of MiddL'fex. (or by virtue of a certain writ of our lord the now king called a latitat^ or a/Ias capias. See.) iffuing out of the court of our lord the king before the king himfelf, at the fuit of the faid A. B. againfl the faid C. D. and the faid E. F. being in the cuflody of the marfhal, £5V. j for that whereas, bV. ^ la PRISONERS. i2§ A. B. plaintift. In the King's Bench. and C. D. defendant. E. F. of, ^c. gentleman, maketh oath and faith, Affidavit of the 1 t 1- I T 1 r 1 A. a J delivery of a copy that he did, on the day ot Jalt palt, de- ofthedeciaratioa. liver unto G. H. gaoler or keeper of his majefty's gaol in and for the county of , a true copy of the declaration hereunto annexed ; and the faid gaoler or keeper then acknowledged to this depo- nent, that the faid defendant was a prifoner in the faid gaol : And this deponent further faith, that the faid defendant was arrefted (or charged in cuftody) at the fuit of the faid plaintiff, by virtue of a certain writ of latitat iflued out of this honourable court, and returnable before the delivery of the faid de- claration. E.F. Sworn, ^c. A. B. ■) It is ordered, that tlie marflial of the mar- 1^"'^ on tf"* V. > fiialfea of this court fhall bring the defend- knowledge ti C. D. J ant into this court, within three days next '^'^J"^^'" '" after notice of this rule to be given to him, or fnall give a note in writing under his hand, acknowledg- ing the defendant to be in his adual cuftody, or (hall (hew caufe to the contrary within the time aforefaid, upon notice thereof being given to the attorney for the plaintiff. (to wit). C. D. Is committed to the cuf- Commiiutur^ tody of the marflial, ^c. in execution, at the fuit of ^"*" A. B. in a plea of trefpafs on the cafe for /. q*' damagssjj 1 26 PRISONERS. damages, (or In a plea of debt for /. and /♦ damages,) there to remain until, ts^c. Judgment of terra, . George the Third. Roll , E. F. attorney. Entry of cow- Afterwards, (to wit:,) on next after in mil tit ur. the year of the reign of our lord the now king, before our faid lord the king ac IVcJlmhiJler^ comes the faid A. B. in his proper perfon ; and the faid C. D. being then prefent here in court, at the prayer of the faid A. B. by the court of our faid lord the king now here, is committed to the cuftody of the marfhal of the marfhalfea of our faid lord the kins before the king himfelf, in execution for the da- mages (or for the debt and damages) aforefaid, there to remain until the faid A. B. (hall be fully fatisfied the dan ages (or debt and damages) aforefaid. Gaoler's certifi- I E. F. keeper of the county-gaol of — — , do cate for the dif- .• r ■% . r^ t\ ^V, j C charge of a pri- certuy, that C. D. was on the day of ^"''sr. i^j(^^ (or -(^. £). .79-,) committed to the county- gaol of by virtue of a writ of latitat iflued out of his iv.r.jelly's court of King's Bench at Wejlmin- Jler, returnable on next after , at the fuit of ^. B. in a plea of, ^c. : And I do further cer- tify, that fince the faid commitment, there has not been delivered to me, or my turnkey, any declara- tion againft him the faid CD. at the fuit of the faid A. B. or any other perfon whatfoever -, and that no writ of habeas corpus has been brought for the re- uiovai of the faid C. D. Witnefs my hand, ^c. E.F. In PRISONERS. 127 A. B. plaintiff'. In the Iving's Bench. and C. D. defendant. G. H. of, tsfc. maketh oath and faith, that he this Aflidjvit of gaolei'i liyualurc deponent did, on the day of lalt, fee thersto. E. F. keeper of his majclly's gaol in and for the county of , fubfcribe his name to the certificate hereunto annexed, and thr.t at tlie fame time he tliiij deponent fubfcribed his name as a witnefs to the faid certificate, and that J.K. of, \^c. did then alfo fubfcribe his name as a witnefs to the faid certificate, in tlic prefence of this deponent. Sworn, ^c. A, B. plaintiiT", In the King's Bench. and C. D. defendant- E. F. of, RISONERS. 131 of the writ, then as follows) : And wliereas the faid ^, B. in term lalt pad, obtained judgment in our court before us againft the faid C. Z). upon the faid writ : But bccaufe it appears to us, that the faid A. B. hath not proceeded to charge the faid C. D. in execution within two terms after the fiiid judg- ment fo obtained, according to the courfe and prac- tice of our faid court before us ; and becaufe the faid C. D, hath come into our faid court befpre us, and filed common bail, ^c. (as before), George the Tliird, ^t". To the IherifF of , The like, uooti greetmg: Whereas by our writ we lately com- p^ui„gi„goo4 inanded you, 't^c. (reciting the writ as in Tufuperfedeai '*•'''' for not declaring) : And becaufe the faid C. D. came into our court before us, and found fufficient bail to anfwer the faid A. B. of the plea (or of the plea and to the bill) aforefaid : Therefore we command you, Wc (as before). George the Third, ^c. To the marfhal of our The liks, wliju marfhalfea before us, greeting : Whereas C. D. was ^^\^ff'''lll "lately committed to our prifon under your cuftody, naar.liai, for want of good bail, at the fuit of A. B. in a pIsa ■ol, ^c. And becaufe, i£^c, (as in the laft). ^ % 13^ ATTOPvNIES^, Artickiofcleik- AcTicLEf. of agreen-ieiit indented, had, made, con" eluded and fully .agreed upon the ■ day of ■ , in the — — year of the reign of our fovereign lord George the Third, by the grace of God of Great Brl» tain, France and Ireland king, defender of the faith, ' B. be de- tained in your cuftody by any writ or writs, precept or precepts, other than fuch as particularly relate to us, (pkas of freehold, felonies and appeals only ex- cepted,) ATTORNIES. I39 ecptcd,) that then you dHcharge the faid A. B. out o!* your cufbody, and fufFer him to go at l.irge, as you will anfvver the contrary at your peril ; and that you inform the party or parties, plaintiff or plaintiffs in the plaint or plaints, that he, (he or they may profe- cute his, her or their a£tion or actions, fuit or fuits, in our court before us, by bill to be exhibited to us in our faid court before us at Wef.minjier againft the faid A, B. if he, fhe or they (hall think it expedient fo to do. Witnefs, ^r. ^ George the Third, t^c. To the conimiffioners The like, to <3i3- appointed for carrying Into execution the feveral a£ls ^e^fL^ the"^" of parliament hereinafter enumerated, that is to fay, <>*" ofcoiicc- • 1 tor of t4xes- an act, i^c. (here enumerate the a£ls as m the war- rant of appointment,) and particularly to E. F.y G. H. and J. K.^ three of the faid commiffionersj greeting : Whereas It hath been fliewn to us, on be- half of ^. B. one of the attornies of our court before us, that whereas he is one of the attornies of our faid court before us, and profecutes and deiends di- vers fuits and bufineffes of and for many of our liege fubjedls profecutlng and defending in our faid court before us, as their attorney, and that according to the liberties and privileges of the faid court from time whereof the memory of man is not to the con« trary ufed and approved of, no attorney of the fame court ought to be appointed or compelled to take upon him any office or ftrvice, to be exercifed or per- formed elfewhere than in cur court aforcfaid, where- by he may be withdrawn from his due attendance in our faid court : Neverthelefs, you or fome of you contriving to aggrieve the faid A, B, have appointed or 140 ATTORNIES. or intend to appoint him to the office of one of the collectors of the feveral taxes, rates and duties under, the management of the commiiBoners for the affairs of taxes, within the town and hamlet of in the jower divifion of the hundred of in the county of . ; which offi(ie,as weare informed, will require his conftant refidence there, and which if it be per- mitted, would tend to the manifed lofs and damage of the faid A. B. and many of our liege fubjedls, whofe attorney he is in the court aforefaid : Where- fore the faid A. B. has humbly befought us to pro- vide him a proper remedy in this behalf; and we being willing that the liberties and privileges of our faid court fliould be inviolably obfcrved, command you and every of you, that without regard to the aforefaid appointment of the faid A. B. you or fome of you caufe to be appointed another fit perfon to the faid office, and that you or fome of you without delay exonerate and difcharge the faid A. B. from the faid office, and that you al- together ceafe and abllain from proceeding againft him for not taking upon him the fame, as you will anfwer the contrary at your peril. Witnefs, i^c. Eeelnningofa Way. — term, in the year of the ttT::!^ ^^hn of King George the Third. •'^y* . (to wit). //. B. gentleman, one of the at- tornies of the court of our lord the now king before the king himfelf, being prefent here in court in his own perfon, according to the liberties and privileges of the faid court, for fuch attornies and other officers of the court aforefaid, from time immemorial ufed and approved of in the fame court, complains of C. D. ATTORNIES* I4I C JD. being in the cuftody of the marflial of tlie marfhalfea of our faid lord the king before the king himfelf : For that whereas, ^c. ly'ay, ——term, in the year of the Reginningofa reign of King George the ihird. attorney. (to wit). j1. B. complains of C. D. gentle- man, one of the attornles of the court of our lord the now king before the king himfelf, being prefent here in court in his own perfon, of a plea of trefpafs on the cafe, life, (or as the plea Is) : Tor that where- as, l^c. (to wit). A. B. gentleman, one of the at- The like, by one r 1 r ,11 1 • u f attorney againft tornies of the court of our lord the now king beiOre another, the king himfelf, being prefent here In court In his own perfon, complains of C. D. gentleman, one other of the attornles of the faid court of our faid lord the king before the king himfelf, being alfo prefent here in court In his own perfon, of a plea of trefpafs on the cafe, ^c. (or as the plea is) ; For that whereas, i^fc. (to wit). Be it remembered, that on the The like, where , r • 1 r 1 • r the caufe of ac- day of , in the year of the reign of ^-^^ ^rifes, and our lord the now king, (a day after the caufe of a£tion accrued,) A, B. brought into the office of the clerk of the declarations of the court of our faid lord the king before the king himfelf, accordin;; to the courfe and praftlce of the fame court, his certain bill againft C. D. gentleman, one of the attornles, ^c. (as before), and filed the fame bill as of — — term, in the • year of the reign of our faid lord the the bill is filed, in vacation. |>|2 DECLARATIONS. the king ; which faid bill follows in thefe words, (that is to fay): (to wit). A. B. complains of C.J). gentleman, one of the attornies, ^c. The like, againft (to wit). A. B. complains of C. D. efquire, ttke marfliai. marfhal of the marftialfea of our lord the now king, before the king himfelf, prefent here in court in his own perfon, of a plea that he render, ^c. (or as the plea is) : For that whereas, bV. Rule for time, ^. s. '\ It IS ordered, that the plaintiff have time or further time, / r i • • ^ r n. ij> declare. V, > (or further time) to declare until the nrit C. D. J day inclufive of the ne\t term, (or laft day inclufive of the prefent term,} if the defendant be not in cuftody. Beginning of a Way, —— term, in the year of the tJeclaration by , bill, in cafe or JTCign of King George the Third. tiefpafs. — — (to Wit). A. B. complains of C. D. being in the cuftody of the marfhal of the marftialfea of our lord the now king, before the king himfelf j for that whereas, (or in trefpafs, " for that,) ^c. The like, by an (to wit). A- B-hy £. F. who is admitted ' by the court of our lord the king before the king himfelf here, to profecute for the faid A. B. who is an infant within the age of twenty-one years, as the next friend of the faid A. B. complains of C. J0» being, bfc If the plaintiffs are afTignees of a bankrupt or jnfolvent debtor, or the adlion be brought by or againft DECLARATIONS. I43 againft executors or adminiftrators, they fhould be defcribed accordingly. (to wit). A. B. complains of C. D. being, The like, In ac- (sfe. of a plea that he render to the faid A. B. z reafonable account, for the time he was bailiff to the faid A. B. in in the county of (or receiver of the monies of the faid A. B.). Of a plea that he render to the faid A. B. the In annuity. fum of /. of lawful money of Great Britain^ which is in arrear to the faid A. B. of a certain an- nuity or yearly rent of — — /. and which the faid C. D. owes to the faid A, B. Of a plea of breach of covenant. jn covcawt. Of a plea that he render to the faid A. B. tlie fum In debt, of /. of lav/ful money of Great Britain^ which he owes to and unjuftly detains from him. «— — (to wit). A. B. who fues as well for our la-i^ifu^tem. fovereign lord the king (or for the poor of the pari(h of in the county of -) as for himfelf in this behalf, complains of C. D. being, t5fc. of a plea that he render to our faid lord the king (or to the poor of the faid parifh of ), and to the faid A. B. who fues as aforefaid, the fum of /. of lawful money of Great Britair/y which he owes to and unjuftly de- tains from them. Of a plea that he render to the faid A. B. cer- in dcdnur. tain goods and chattels (or deeds znd writings) to th? 144 DECI-ARATI0N3, the value of A of lawful money of Great Bri- tairty which he unjuftly detains from him. By original, in Jii the Kinc's BcHch. cafe. ° . . . ■ ■ term in the year of the reign of King George the Third. (to wit). C. D. was attached to anfwer A. B. of a plea of trefpafs on the cafe, ^c, and thereupon the faid A. B. by his attorney com- plains ;, that whereas, ^f» The like, by an — — (to wit). C. D. was attached to anfwer lafant. ^^ ^^ ^^ ^ pj^^ ^^ trcfpafs on the cafe, ^c. and thereupon the faid A. B. by E. F. who is admitted by tlie court of our lord the king before the king himfelf here, to profecute for the faid A. B. who is an infant within the age of 21 years, as the next friend of the faid A. B. complains j that where- as, CSff. The like, againfl (to wIt). The right honourable earl a peer, or member r / r- r^ r ' \ i • • •^ c or the Houfe of 0^ > (o^ ^' ^' efquire,) havmg privilege of par- Commons, liament, v/as fummoned (or attached) to anfwer A. B. of a plea of trefpafs on the cafe, ksfc. (or as the plea is) ; and thereupon the faid A. B. bf E. F. his attorney complains ; that whereas, Isfc, The like, againft • (to wit). The mayor and commonalty and corporaiwn. citizens of the city of Loudon were attached (or fum-- moned) to anfwer A. B. of a plea of trefpafs on the cafe, ^c. (or as the plea is) j and thereupon the faid A.B. DECLARATIONS. 145 ..f . B. by his attorney complains : that whereas the faid mayor and commonalty and citizens, K^fc. (to wit). The men inhabiting within the Thei;k?,agalnft t , , r f 1 ^ r hundredors. hundred of in the county oi were at- tached to anfwer j^. B. who fues as well for our fovereign lord the king as for himfelf in this behalf, of a plea of trefpafs and contempt againll the form of the ftatute, ^c. And thereupon the faid A. B. who fues as aforefaid by his attorney complains} ' that, ^c. ' (to wit). C. D. was fummohed to anfwer The nke, In co= A. B. of a plea that he keep with him the covenant made by the faid C D. with the faid A. B. accord- ing to the force, form and effecSb of a certain indent- ure (or of a certain deed-poll, or articles of agree- ment) in that behalf made between them, ^c. And thereupon the faid J. B. by his attorney com- plains ; that whereas, is'c. N. B. In account, annuity, debt and detinue, the defendont is faid to he fumvioned to anfwer; and the plea is defcribed as in an adtlon by bill. (to wit). C. D. was fummoned to anfwer The ilke^ inrr* A. B. of a plea wherefore he took the cattle (or goods and chattels) of the faid A. B. Snd unjuftly detained thera againfl: fureties and pledges, until, Is'c, And thereupon^ i^'c. (.'vin. (to wit). C, D. was attached to anfwer A. B. the nice, in of a plea wherefore the faid C. D, with force and arms, broke and entered, (or made an affault,) ^c. h (bating trefpafs. 146 prcceedinGs after declaration (ftating the trelpafTes at length, but without parti- cularizing the time, number, quality or value, ^c.) and other wrongs to the faicl A. B. there did, to the great damage of the faid A. B. and againft the peace of our lord the now king, Is'c. And thereupon the faid A. B. hy E.F. his attorney complains; that the faid C. D. on, i^c. at ^c, (repeating the trefpafles, with the circumftances of time, number, quality, and value, isfc.) and otlier wrongs to the faid A. B. then and there did, to the great damage of the faid A. B. and againft the peace of our faid lord the now king ; wherefore the L\\AA. B, faith that he is injured, and hath fuHained damase to the value of ■/. and O therefore he brings his fuit, ^c. Not'ce to pieavi, The defendiiit is to plead hereto in four (or eight) indcrfed on de- , • 1 • ^ r r, r 1 r chratior. dtii- "^ys, (or wuhui the nrlt tour days oi next — — veied abfoiuteiy. ^^j.^^^-. othervyife judgment. The like, when This declaration is delivered conditionally, until -li t tne ^pg^j^i ^^;j j,g perfecled, and tlae defendant is to plead hereto in four (or eight) days, otherwife judg- ment. A.B. plaintiff, \\\ the King's Bench. and CD. defendant. Notice of deck- Take notice, that a declaration was this day filed ration &c. upon ^:,j^ j|^^ j,},^|^ ^f ^l^^ declarations in the King's vyhere bail is Bciich ofEce, lu the Iniier-Temple London, as of this filed, or an ap- - . - ^ 1 r • r i- rearanca entered, prclcnt — — term, agauilc you, at the iuit ot tne taiutt"^ ^^ '^"^ above-named plalntiiF, in an a<^ion of trcfpafs on the cafe AND before plea. '47 cafe upon promlfes, to the plaintiff's damage of .., , . /. (or in an a£lion of debt for /. or as the aftion is,) and unlefs you plead thereto in four (or eight) days from the date hereof, (or within the firft four days of next term,)judgment willbe figned againft you by default. Dated this day of 179-. ^ Your s, l^c. E. F. attorney for plaintiffs To Mr. C. D. the above defendant. A.B. plaintiff^ In the Khig's Bench. and C. D. defendant. T.ike notice, that a declaration v/as this day filed The like de here • 1 ir- J ^-'» "P"'^ com" with the clerk of the declarations xn the Kmg s mon or b.uiabtc Bench office, in the Inner-Temple Loudon, condition- P"^"" ^* ' ally, until common bail be filed, (or by original, until a common appearance be entered •, or in a bailable a£lion, until fpecial bail be put in and perfefted,) as of this prefent term, againfl you, at the fuit of the above-named plaintiff, in an a^lion of trefpafs on the cafe upon promifes, to the plaintiff's damage of /. (or in an action of debt for /. or as the aftion is), and unlefs you appear and plead thereto in eight days from the date hereof, (or on bailable procefs, in four or eight days, as the cafe may re- quire) judgment will be figned againfl: you by de- , fault. Dated tliis day of ^79 - • Your's, fe'V. E. F. plaintiff's attorney (or agent). To Mr. C. D. the aliove defendant. L 2 In S4^ i^RoCEEDIN'GS after DECLARATION A. B. plaintifF, In the King's Bench* and C. D. defendant. Terfti's notice Take notice, that the plaintiff intends to proceed after the end of the enfuing term, by giving a rule to plead in this caufe. Dated, is'c. Your's, ^c. E. F. plaintiff's attorney. To Mr. G. H. defend- ant's attorney. to plead. Ziuls to p'cad. In the King's Bench. A,B.-^ V. ^ Rule to plead. C. D.) E. F. attorney^ 179-. In the King's Bench. B. againfl D. iJsmnd of plea. The plaintiff demands a plea In this caufe, by Your's, l3c. E. F. plaintiff's attorney, To Mr. G. H. defend- ant's attorney. A,B. plaintiff. In the King's Bench, and C. D. defendanL Notice of motion Take notice, that this lionour; I.!, .^ourt will be to fet afide pro- j , r r c. r i ceedinos for ir- "''oved to-morrow, or io loon alter as counfel can regularity. ^g heard, for a rule to (hew caufe why al' the pro- ceedings in this caufe fliould not be fet ;iude for irregularity, AND before PLEA. 1^9 kregularlty, and in the mean time all further pro- ceedings be flayed. Dated, d5V. Your's, l^c. G. H. defendant's attorney. To Mr. E. F. plain- tifF's attorney, Take notice, tliat tliis Iionourable court will be The like, ro '?.." moved, ^c. for a rule to Ihew caufe why all the F"«<-^i';s', tii/ , proceedings in thisS caufe fiiould not be flayed, t'ui cofcs. until fecurity be given for the payment of cods. Dated, ^c. Let the plaintiff's attorney or agent attend me at Summons to my chambers in Serjeants' -Inn ^ at of the clock in on "pay men/"?''' the , to fliew caufe why upon payment of , debt and coUs, the debt for which this adlion is brought, together with cods to be taxed, all further proceedings in this caufe fliould not be flayed. Dated the day of ^ 79 - • Upon hearing the attornies or agents on both Order thereupon, fides, I do order, that upon payment of , the debt due from the defendant to the plaintiit, for which this action is brought, together with cods to be taxed and paid , all further proceedings in this caufe be ftayed. Dated the day of 1 79 - «- Take notice, that this honourable court will be Notice of iriotlou moved, ^-c. for a rule to thew caufe, why it fhould ^^^^^^^ not be referred to the Mafler to compute the princi- ?•*' ^"'^ intereft nil- n • ^'^ * tiQad, pal and nitereit due upon the pond m queition, and L 3 wh^ 1^0 yROCEEpiNGs after declaration why upon payment thereof, together with the cods to be taxed by him, the faid bond fhould not be de- Jivered up to the defendant to be cancelled. Dated, Warrant of af- Xo E. F. G. H. and J. K. gentlemen, attornles torney to COllfefs r Tr- > t> i rrr n judgment. of his majcfly's court of King s Bench at Wejl^ minJlcTf jointly and feverally, or to any other attorney of the fame court. THESE are to defire and authorize you, the at- tornles above-named, or any one of you, or any other attorney of the court of King's Bench aforefaid, to appear for me C. D. of, ^f. In tlie faid court, as of this prefent term, or any other fubfequent term, and then and there to receive a declaration for me, in an a6lion of debt for /. for money borrowed, (or on a bond or obligation made and entered into by me the faid CD. to the faid y^. B. in the penal fum of /.) at the fuit of the faid ^. B. and there- upon to confefs the fame aclion, or elfe to fuffer a judgment by nil dkit or otherwife, to pafs againfl me in the fame action, and to be thereupon forthwith entered up againfl: me of record of the faid court, for the faid fum of ^- /. befides cods of fuit : And I the faid C Z). do hereby further authorize and em- power you the faid attornles, or any one of you, after the faid judgment fliali be entered up as afore- faid, for me and in my name, and as my a£l and deed, to fign, feal and execute a good and fufhcient releafc in the law to the faid A. B. his heirs, exe- cutors and adminiftr^Uors, of all and all manner of error and errors, vrit and writs of error, and all beneiit AND before PLEA. IJI benefit and advantage thereof, and all mlfprlfions of error and errors, defers and imperfedions whatfo- ever, had, made, committed, done or fuffered, or to be had, made, committed, done or fuil'cred, in, about, touching or concerning the aforef.iid judgment, or in, about, touching or concerning any writ, warrant, pro- cefs, declaration, plea, entry or other proceedings what- foever, of or any way concerning the fame ; and for what you the faid attortiies, or any one of you, fliall do or caufe to be done in tlie premifes,or any of them, this fhall be to you and every of you a fufficient war- rant and authority. In witnefs whereof, I have hereto fet my hand and feal, the day of , in the - ■■ ■ year of the reign of our fovereign lord George the Third, by the grace of God, of Great Britain, France and Ireland king, defender of the faith, and fo forth, and in the year of our Lord 179 -. Sealed and delivered, being firll duly ftamped, in the prefence of J. B. plaintiff. In the King's Bench. and C. D. defendant. ^. B. of, l5fc. the above-named plaintiff, and Affidavit toenter £. F. of, ^c. feverally make oath and fay ; and firft ;^ie"on?,fter a this deponent j4. B. for himfelf faith, that the above- y""^- named defendant being juflly indebted to this depo- nent in the fum of /. for goods fold and deli- vered by this deponent to the faid defendant (or as the cafe may be), did, in order to fecure unto this deponent the payment thereof; on or about the — — L 4 day 152 PROCEEDINGS after DECLARATION day of i79-> execute and deliver unto this deponent a warrant of attorney, bearing date the fame day and year aforefaid, thereby authorizing certain attornles therein-named, or any other attorney of this court, to appear for him the faid C. D. in the fame court, as of the then term, or any other fubfequent term, and then and there to receive a de- claration for him in an a<5lion of debt for /. for money borrovyed, (or otherwife, according to thq warrant of attorney) at the fuit of this deponent, and thereupon to confefs the fame a6lion,or elfe to fuffer a judgment by uU elicit or otherwife, to pafs againft him in the fame a6lion, and to be thereupon forth- v;ith entered up againft him of record of this court, for the faid fum of ■ - /. befides cofls of fuit : And this deponent further faith, that there is juflly due and owing from the faid defendant to him this depo- nent, for principal money and intereft thereon, the fum of /. and that he verily believes the faid defendant is living, he this deponent having feen and converfed with him about days fince : And this deponent E, F. for himfelf faith, that he was pre- fcnt, and did fee the faid warrant of atrorney exe- cuted by the faid defendant, and that the name CD. fet and fubfcribed thereto, is of the proper hand- writing of the faid defendant; and that he the faid defendant did fign, feal, and as his a£l: and deed de- li vc fhe fame, in the prefence of this deponent ; and that rhe name E. F. fet and fubfcribed as witnefs to the execution thereof, is of the proper hand- writing ji him this deponent. A.B, Sworn, ^c, jE. F. In AND hejore PI. FA. 153 A. B. who, ^c. plaintiff. In the Khig's Bench. and C. D. defendant. ji. B. of, ^c. the above-named planitifF, maketh Affidavit for . . , , , . ^, , . , , f. , leave to com- cath and fauh, that this adlion is brought tor the pound a penal recovery of certain penakL^s to tl^c amount of /. ^ '°"' alledged to have been incurred by the above-named defendant, upon and by virtue of an a6l of parlia- ment, made and pafled in the year of the reiga of, &c, intituled, iffc. and this deponent hath de- clared in the faid action againfl; the defenqant, w^ho has pleaded thereto the general iiTuc of rul debet: And this deponent further faith, that it hath been agreed between this deponent and the faid defend- ant, to apply to this honourable court, for leave to compound the faid adion, upon the defendant's paying the fum of /. to our lord the now king, and — ■ — /. to this deponent, together with the cofls of this fuit, and' of the prefent application, to be taxed by the proper ofiicer (or otherwife, according to the ngreement of the parties) : And tUs deponent fur- ther faith, that the above are the real and only terms upon wliich this action is meant to be com- pounded, and that he this deponent hath not, nor hath nor have any other perfon or perfons for his ^ife, received any fum of money whatfoever for com- pounding the faid a£lion, nor doth he this deponent intend, nor is nor are any other perfon or perfons by his order or appointment, or for his ufe, or for the life of any other perfon cr perU ns to his knowledge, or with his privity an.; Confent, at any time hereafter, to have or receive for conipounding the fame, more than j-4 PROCEEDINGS after declaration than the faid fum of — — — /. and the cofls to be taxed as aforefaid. A. B. Sworn, Is'c. A.B, plaintiff. In the King's Bench. and C. D. defendp.nt. Confeffion of the I confefs this a£lion, and that the plaintiff hath zaion/maj.mp- fuft^ined damages to the amount of /. (the damages as laid in the declaration) befides his cods and charges, to be taxed by the Mafter ; but no judg- ment is to be entered up, or execution iffued, until the day of next, in default of payment of the fum of A (the real debt) being the debt in this a6lion, together with the faid cofts : And I do hereby agree that no writ of error fiiall be brought, nor bill in equity filed ; and that in cafe the plaintiff fliall enter up his judgment in default of payment, he ihall be at liberty to levy the faid fum of /. together with the cofts, (heriff 's poundage, and all other incidental expences. As witnefs my hand this « ■ day of 1 79 - • The like in debt. I confefs the debt in this caufe, and that the plain- tiff hath fuftained damages to the amount of i x. befides his cofts and charges to be taxed by the Mafter, is'c. (as above). The like, n^icJa I do hereby agree to withdraw the plea (or demur- wrijic^tione. ^cr) by me pleaded (or put in) in this caufe ; and do confefs this aclion, or the debt therein, l2fc. (as above). In 'tj' AND before PLEA, 155 In the court of King's Bench. Middlefexy 7 E. F. is retained to enter up judgment Memerandum of C • T / r warrant on a to Wit. ) on a cognovit actiotmn^ (or warrant of cogmv\t, &c. attorney to acknowledge judgment, as the cafe may- require,) dated on the day of , at the fuit of A. B. againft C. D. E. F. attorney ; (if by an agenr, add) by G. H, his agent. Entered (or filed of record, as the cafe may re- quire) this day of in the year of the reiirn of (Officer's name.) J'or entries of Judgments by nil dic'it, or mtifunt informatiiSy vide pojfy tit. Judgments. A.B. plaintiff. In the King's Bench, and C. D. defendant. Take notice, that this honourable court will be Notice of motios , - . . . , , to fet afide inter- moved to-morrow, or 10 loon alter as counlel can be locutoiy judg- heard, for a rule to fhew caufc why the interlocutory ^"^"''i^^tY °' judgment figned in this caufe, and (if a writ of in- quiry has been executed) the v/rit of inquiry exe- cuted thereon, fhould not be fet afide for irregularity, with colls to be taxed by the Mailer j and (if there has been any mifconducl on the part of the plain- tiff) why the plaintiff fliould not anfwer the matters *8 of Ij5.<5 proceedings after declaration of the affidavit, and in the meantime all proceedings be flayed. Dated, ^c. Your's, ^c. ^ ' G, H. defendant's attorney. To Mr. E. F. plain- tiff's attorney. J.B. plaintifT, In the King's Bench. and C. D. defendant. Nonce of inquiry Take notice, that a writ of inquiry of damages in ;n London, ^j^jg caufc will be executed on the day of . inftant, between the hours of and of the clock in the forenoon of the fame day, at the fecondaries office, No. 14. Lothbiiryy London. Dated this day of ^ 79 ~ • Your's, ^r. E. F. plaintiff's attorney. To Mr. G. //. defend, ant's attorney. The like, In If in MiddkfeXy fay, *' between the hours of eleven of the clock in the forenoon and one of the clock in the afternoon of the fame day, at the {lieriff's office. No. 12. TooFs -Courts Cur/iior-Stre^t, Chancer 'j-Lane, in the county of Middl'cfcx.^' Thelikr, in the If in the country, *' at the houfe of , corn- country, monly called or known by the name or fign of , in Jl^'^^i) in the county of ." Term's notice of Take notice, that the plaintiff intends to proceed after the end of the enfuing term, by giving notice of inquiry in this caufe. Dated, i^c. ■ I do AND hefof-e VLEk. 1S1 1 do hereby continue the notice of executing the Notice of con- - . , . ... J. , tinuance. writ of inquiry, given you in this caule, to the » day of next, when the fame will be exe- cuted between the hours of, (s'c. at, is'c. Dated, ^c. Your's, iffc. E. F. plaintiff's attorney. To Mr. G. H. defendant's attorney. I do hereby countermand the notice of executing Notice of coun- the v/rit of inquiry, given you in this caufe. Dated, George the Third, by the grace of God, of Great Writ of inq-iiry Britain. France and Ireland king, defender of the ^^ ' '* faith, and fo forth. To the flieriff of — , greet- ing : Whereas A. B. lately in our court before us at Wejlmifijlery by bill without our writ, impleaded C. D. being in the cuflody of the marflial of our marfhalfea before us : For that whereas, life, (here recite the declaration,) to the damage of the faid A. B. of /. as he faid, and thereupon he brought hisfuit, l^c. And fuch proceedings were thereupon had in our faid court before us at Wcftminjlcr afore-- faid, that the faid A. B. ought to recover again ft the faid C D. his damages on occafxon of the pre- mifes : But becaufe it is unknown to our faid court before us, what damages the faid A. B. hath fuf- tained by means of the premifes aforefaid : There- fore we command you, tlrat by the oath of twelve good and lawful men of your bailiwick, you dili- gently inquire what damages the faid A. B. hath fuftained, as well by means of the premifes afore- faid, as for his cods and charges by him. about his *7 fuit 158 PROCEEDINGS after DECLARATION fult in this behalf expended ; and that you fend to U3 at Wejlm'injler^ on next after , the inqui- fition which you fliall thereupon take, under your fcal, and the feals of thofe by whofe oath you fhall take that inquifition, togctlicr with this writ. Wit- nefs Llo'^d Lord Kenyon, at Wejlminjler^ the day of in the year of our reign. Way. The like, into a George the Third, ^c. To our chancellor of our county-palaiine. i • r r n ^ ■ ^ i county-palatine oi Juancajler, or to his deputy there, ' - greeting : Whereas A. B. lately in our court before us at IVeJlmwfcr^ by bill without our writ, im- pleaded CD. being in the cul'lody, ^c. (as before): And fuch proceedings were thereupon had in our faid court before us at Wejlminjler aforefaid, that the faid A. B. ought to recover againft the faid C D. his damages on occafion of the premifes : But becaufe it is unknown to our faid court before us, what damages the faid A. B. hath fuRained by means of the premifes aforefaid : Therefore we command you, that by our writ under the feal of our faid county-palatine, to be duly made and di- refted to the flierifFof the fame county, you com- mand the faid fhcrlff, that by the oath of twelve good and lawful men of his bailiwick, he diligently inquire what damages the faid A. B. hath fuftained, as well by means of the premifes aforefaid, as for his cods and charges by him about his fult In this behalf expended j and that you fend to us at IVeJI- m'wjlir, on next after tlie Inquifition which the faid {heriff fhall thereupon take, under his fealj and the feals of thofe by whofe oath he (hall take AND he/ore PLEA. 1 59 take that Inqulfitlon, together with tlils writ. Wlt- nefs, i^fc. George the Third, tV. To the IherlfF of , Writ of inquiry greeting : Whereas C. D. was attached (or fum- ^ "^' moned) to appear in our court before us, to anfwer A. B. of a plea, that whereas, bfc. (to the end of the declaration.) And fuch proceedings were there* upon had, ^c. (as in a writ of inquiry by bill, making the return general, wherefoever, t?V.) G^ (reciting the whole of the declaration) to the damage of the faid A, B. of • /. as he faid, and therefore he brought his fuit, ts'c. And fuch proceedings were thereupon had in our faid court before us, that it was after- wards confidered by the fame court, that the faid A, B. ought to recover againft the faid C. D. his debt aforefaid, together with his damages which he had fuflained on occafion of the detention thereof, Cs'f. whereof the faid C D. is convitled, as appears to us of record : And the faid A. B. having prayed our writ to inquire of the truth of tlie afore faid breaches of covenant above affif^ned, and to afiefs the damages which he the faid A. B. hath fuftinned there- by : Therefore, according to the form of the (tatute in fuch cafe made and provided, we command you, that you caufe to come, ^c. (as in the laft, to the end). M Qeorze l<^a PROCEEDINGS ^j/?^;* DECLARATION Writ of Inquiry George the Third ^ t^fc. To the fherifF of — — ^ ca the ftarute . _, /-•>-» 17 Car. 11. c. 7. gi'C^ting • Whereas C. D. was fummoned to appear ladgrnen""]* re- ^" ^"^ court b'=^fore US, oti , wherefocver we plevin, for want fhould then be in England, to anfwer unto A. B. of a of idttlaratioii. plea wherefo:C he took the poods and chattels of the faid A. B. and unjuflly detained the fame againft fureties and pledges, until, l^c. And the faid C. IX offered himfelf in our faid court before us, on the fourth day, againft the faid A, B. in the plea afore- faid ; and the faid A. B. although folemnly called, came not, but made default j therefore it was con- fidered by the fame court, that the faid A. B. and his pledges to profecuie fiiould be in mercy, ^c. and that the faid C. D. fhould go thereof without day, t^c. and have a return of the faid goods and chattels: And thereupon it hath been fuggefted in our faid court before us, by the faid C. D. that he the faid C. D. took the faid goods and chattels of the faid • A. B. for the taking whereof he was fummoned to appear in our faid court before us, to anfwer the faid A. B. as aforefaid, at in the faid county, in a certain meffuage or dwelling-houfe there, and that he took the fame as bailiff of E. F. for that the faid A. B. for the fpace of one year, next before and end- ing on the day of , in the year of our Lord 1 79 - , and from thence until and at the time of taking the faid goods and chattels, held and en- joyed the faid meffuage or dwelling-houfe and pre- mifes, with the appurtenances, amongft other things, as tenant thereof to the faid E. F. at and under the yearly rent of /. And becaufe A of the rent aforefaid, for one year ending as aforefaid, on the faid, 5gJ*c. and from thence until and at the time AND before PLEA. J^3 time of taking the fald goods and chattels, were due and in arrear from the faid A. B. to the faid E. F. he the faid C* D. as bailiff of the faid JE. F. took the faid goods and chattels, as for and in the name of a diftrefs for the faid rent, fo due and in arrear from the faid A. B. to the faid E. F. as aforefaid j and the faid C. D. according to the form of the flatute in fuch cafe made and provided, prayed our writ to be direded to you, to inquire of the arrears of the rent aforefaid, and of the value of the faid goods and chattels, and it was granted to him, ^c. as by the record and proceedings thereof, ftill remaininf^ in our faid court before us, at JVeJlminJier aforefaid j fully appears : Therefore we command you, that according to the form of the ftatute aforefaid, you diligently inquire by the oath of twelve good and lawful men of your bailiwick, how much of the yearly rent aforefaid, at the time of taking and diftraining the faid goods and chattels, was in arrear and unpaid, and how much the faid goods and chat- tels fo as aforefaid taken and diftrained were worth, according to the true value of the fame 5 and the in^ quifition which you (hall thereupon take, make appear to us on , wherefoever we fhall then be in England^ under your feal. and the feals of thofe by whofe oath yoa (hall take the faid inquifition *, and have there the names of them by whofe oath you (liall take the faid inquifition, and this writ: Wit- nefs Lloyd Lord Kenyoriy &c. George the Third, ^c. T*o the fherlff of , The like, uponj greeting: Whereas C. D. lately in our court before '^t^T^%^ us at Wejlmltijler^ was fummoned to anfwer A. B. '" ''"• M 2 . of 164 PROCEEDINGS afler DECLARATION of a plea wherefore he took the goods and chattels of the faid ^, B. and unjuftly detained them againft fureties and pledges, i5^c. whereupon the faid A. B. by his attorney complained, that the faid C. D* theretofore, to wit, on, l^c. at, ^c. in your county, in a certain place there called , had feized and taken the goods and chattels of the faid A. B. to wit, (fet out the goods mentioned in the declaration,) and unjuftly detained the fame againft fureties and pledges, until, ^c. And the faid C. D. appearing in our faid court before us at Wejitninjier aforefaid, by — — his attorney, well avowed the taking of the faid goods and chattels, ^c. (here recite the whole of the avowry, and proceed as follows) : And fuch proceedings were thereupon had in our faid court before us at Wejlminjier aforefaid, that it was after- wards confidered in the fame court, that the faid A. B. (hould take nothing by his writ aforefaid, but that he and his pledges to profecute Ihould be in mercy, ^c. and that the faid C. D. fhould go thereof without day, i^c. and have a return of the faid goods and chattels ; and thereupon the faid C Z)., according to the form of the ftatute in fuch cafe made and provided, prayed our writ, iSc. (as in the laft, to the end). i'radbe for to wit. Subpcena to teflify on inquiry, be- tween A. B. plaintiff and C D. c part of the plaintiff (or defendant). jubp,enaoa^ twccn A. B. plaintiff and C. D. defendant, on the writ or inq*ry. * E. F. attorney. 179-. George AND before PLEA, 165 George the Third, ^r. To G. H. &c. (here Infert Suh^eena. the names of the witnefles,) greeting : We command you, and every of you, that laying afide all and fin- gular bufinefles and excufes whatfuever, you, and every of you, be and appear in your proper perfons, before our (heriff (or fheriiFs) of on, isc. at, ^c. (according to the notice of inquiry) then and there to teltify the truth, according to your know- ledge, in a certain caufe now depending in our court before us, between yi. B. plaintiff and C. D. de- fendant, of a plea of trefpafs on the cafe, (or as the aftion is,) on the part of the plaintiff, (or defendant,) on which our certain writ of inquiry of damages hath been fent by us out of our faid court, and di- re£led to our faid (heriff, for flieriffs,) then and there in due form of law to be executed ; and this you, or any of you, fliall in no-wife omit, under the penalty of 100/. Witnefs Lloyd Lord Kenyo^i^ ace. By virtue of a writ of fuhpcena to you dire£led, 5«i/ftrffa-tkkei. and herewith (hewn unto you, you are to be and appear before the flierifF (or fheriffs) of on, ^c. at, ^c. (as in the fiibpoena) to teftify the truth ac- cording to your knowledge, in a certain caufe now depending between A. B. plaintiff and C. D. defend- ant, of a plea of trefpafs on the cafe, (or as the adioti , is,) on the part of the plaintiff (or defendant), in which caufe a writ of inquiry of damages will then and there be executed ; and this you are not to omit under the penalty of 100/. Dated the ——day of ■ ■ • in the — — year of the reign of our fove- M 3 reign 1^<5 PROCEEDINGS after DECLARATION reign Lord George the Third, king of Great Britain^ &c. and in the year of our Lord 1 79 - . By the court, ^. F. attorney for the plaintiff ^ (or defendant). Notice of at- tending by counfel. In the King's Bench, J. B. plalntifF, and C. D. defendant. Take notice, that the plaintiff (or defendant) will attend by counfel, on the execution of the writ of inquiry in this caufe. Dated, i^c. Rule for judg- ment. A. B. againft C. D, Rule for judgment on inquiry. Notice of motJon Take noticc, that this honourable court will be to fet afide judg- ment and execu- movcd, ijfc. for a rule to (hew caufe, why the judg- laiity.'^'^anTThat "icnt figncd in this caufe, and the execution iflued the money levied ^^^ executed thereon, fliould not be fet afide for >e rcltored. irregularity, with cofls to be taxed by the Mafter; and why the fum of /. levied and paid into the hands of the fheriff of (hould not be reftored to the defendant, and why the faid fheriff (hould not retain the fame in his hands, until the further order of this court, and in the mean-time all proceedings be flayed. Dated, i^c. Notice to tlie llienfif', to retain the money le- vied. Take notice, that this honourable court will be moved, ^c. for a rule to fhew caufe, why the judg- ment in this caufe, and the execution executed thereon, ihould not be fet afide for irregularity^ with AND hefore PLEA. »^7 with colls to be taxed by the Mafter ; and why the money paid Into your hands (hould not be reftored to the defendant, and that in the mean time you retain the fame until the further order of this court. Dated, ^c. In the King's Bench. S. againft D, The defendant demands oyer and copy of the Demand of oyer 11- • 1 • 1. J 1 .• • liv the defend' writing obhgatory mentioned in the declaration in g^^. this caufe, and the condition thereof, (or of the deed-poll, indenture, articles of agreement, ^r. mentioned in the declaration in this caufe). Your's, ^c. me at my chambers in herj e ants - Inn ^ puintiff's de- A. B. J at of the clock in the , to (hew "'^"''• caufe, why he fiiould not deliver to the defendant's attorney or agent, an account in writing of the parti- culars of the plaintiff's demand, for which this aftion is brought, and why in the mean time ail proceedings in this caufe (hould not be ftayed. Dated the day of l79-« C. D. "^ Upon hearing the attornies or agents on Order thereupirs. ats. > both fides, I do order, that the plaintiff's A, B. J attorney or agent (haU deliver to the de- M 4 fendant's J*53 PROCEEDINGS after DECLARATION, ScC. fendnnt's attorney or agt^nt, an account in writing of the particulars of the plaintiJs demand, fov which this adion is brought, and that in the mean time all further proceedings in this caufe be Itayed. Dated the day of 179-. Affidavit to change venye* In the King's Bench, A. B. plaintiff, and C, D. defendant. C. D. of, &c. the above defendant, maketh oath and faith, that the plaintiff's caufe of a£lion (if any) arofe in the county of L: and not in the county of ilf. (where the venue is laid) or elfewhere out of the faid county of L. CD. Sworn, is'c. Rule tbeteon. J. B. ~\ Upon reading the affidavit of the defendant, V. > it is ordered, that the aftion be laid in C. D. J the county of L. Upon tlie motion of Mr. . l^ule for bring- ing muiiey into ifourt. A. B- ") It IS ordered, that the defendant have leave V. > to bring into court /. j and there- C. D. J upon, unlefs the plaintiff fhall accept thereof, with cofts to be taxed by the mafter, in full difcharge of this fuit, the fald /, fhall be {truck cut of the declaration, and paid out of court to the plaintiff or his attorney \ and upon the trial of the iffue, the plaintiff fnall not be permitted to give evidence for the faid — - — /. Upon the motion of Mr, . term PLEA IN ABATEMENT, ScC. 1 69 — term in the year of the reign of king George the Third. C. D. fued~] And C. D. againfl: whom the faid Plea in abafe- by the name I Jl. B. hath exhibited his faid bill by "oWr in defend. oiE.D. J> the name of E. D. in his own ^nf s chriftian- t name. ats. j perfon comes and fays, that he A. B. J was baptized by the name of C to wit, at, is'c. and by the Chriftian-name of C. hath always fince his baptifm hitherto been called and Icnown j without this, that he the faid C. D. now is, or at the time of exhibiting the faid bill was, or ever before had been, called or known by the Chrif- tian-name oiE. as by the faid bill is above fuppofed ; and this he the faid C D. is ready to verify, where- fore he prays judgment of the faid bill, and that the fame may be quaflied, ^c. S.M. A. B. plaintiff. In the King's Bench. and C. D. fued by the name of E. D. defendant. CD of, &c. the defendant in this caufe^ maketh Affidavitofthe oath and faith, that the plea hereunto annexed is true, in fubftance and matter of fadl. CD. Sworn, tstc. term in the year of the reign of king George xh.Q Third. And the faid CD. by his attorney, Pleaof««« comes and defends the wrong and injury "^"'"^-^ when, ^c. and fays, that he did not 5 unjiertake 170 CEKERAL ISSUE, and undertake or promife, In manner and form as the faid A. B. hath above thereof complained againft him ; and of this he the faid C. D. puts himfelf upon the country, i^c A. B. plaintiiT, In the King*s Bench. Between and C. D. defendant. Mr. E. F. Notice of fet-off Take notice, that the above-named defendant on ihZTXl^.^ the trial of this caufe, will give in evidence and in- fill, that the above-named plaintiff before and at the time of the commencement of this fuit, was and ftill is indebted to the faid defendant, in the fum of /. of lawful money of Great Britain^ for the work and labour, care and diligence of the faid defendant, by him the faid defendant before that time done, performed and beflowed for the faid plaintiff, and at his requefl ; and for divers materials and other neceffary things, ufed and employed in and about that work and la- bour, by the faid defendant before that time found and provided for the faid plaintiff, and at his like requeft ; and for divers goods, wares and merchan- dizes, by the faid defendant before that time fold and delivered to the faid plaintiff, and at his like requefl ; and for money by the faid defendant be- fore that time lent and advanced to the faid plaintiff, and at his like requeft ; and for other money by the faid defendant before that time paid, laid out and expended for the faid plaintiff, and at his like re- queft ; and for other money by the faid plaintiff be- fore that time had and received to and for the ufe of the faid defendant j and that the faid defendant will NOTICE g/*sET-OFF, &C. 17* will {et off and allow to the fald plaintiff, on the trial of the faid caufe, fo much of the faid fum of ■ /. fo due and owing from the faid plaintiff to the faid defendant, againft any demand of the faid plaintiff to be proved on the faid trial, as will be fufficient to fatisfy and difcharge fuch demand, ac- cording to the form of the ftatute in fuch cafe made and provided. Dated this ■ day of ■■ ^19 ~ - Your's, tsfc. G. H. defendant's attorney, next after is given to the plain- Rule to reply. tiff to reply. Entered. A.B. plaintiff, Jn the lying's Bench. and C. D. defendant. Take notice, that the plaintiff intends to proceed Term's notice after the end of the enfuing term, by giving a rule to reply in this caufe. Dated, ^c. Your's, ^c. E» F. plaintiff's attorney. To Mr. G. H. defendant's attorney. Ji. B. "^ It is ordered, upon payment of cofts to be Rule to difcon- V. C taxed by the Maftec, that the adion be *'""'• (X D.J difcontinued. ci.iiii'.!on. T72 ISSUES. ifTue by bill, of ■■ ■ ■ term in the year of the reign of tlie fame term 1 • /-i i m. • 1 viiih the dc King Gecrgc the Third. Way. " to wit. Be it remembered, that on — — - Tiext after in this fame term, (the firft day of the term of whicli the iflue is made up, unlefs the caufe of a£lion accrued after that day, in which cafe the memorandum is fpecial, ftating the bill to have been exhibited on the day mentioned in the title of the declaration,) before our lord the king at Wejlmlnjlery comes A. B. by » his attorney, and brings into the court of our faid lord the king before the king himfelf now here, his certain bill agalnft C. D. being in the cuftody of the marfhal of the marfiialfea of our faid lord the king before the king himfelf, of a plea of irefpafs on the cafe upon promifes ; (or in covenant, of a plea of breach of covenant ; in debt, of a plea of debt ; in detinue, of a plea of detaining the goods and chattels of the faid A. B. ; in cafe, of a plea of trefpafs on the cafe ; in trefpafs, of a plea of trefpafs ; or in afl'ault or imprifonment, in a plea of trefpafs and aflault, or of trefpafs aflault and falfe imprifonment, is'c.) and there are pledges for the profecution thereof, to wit, John Doe and Richard Roe; which faid bill follows in thefe words, that is to fay ; to wit. A. B. complains of C. D- &c. (here copy the declaration to the end, omitting the pledgti;, and proceed on a new line as follows:) And the faid C. D. by his attorney, comes and defends the wrong and injury when, i^c and fays that he did not undertake or promife^ in man- ner ISSUES. 1/3 ncr nnd form as the faid u4. B. hath above thereof complained againft him ; and of this he tlie faid CD. puts himfelf upon the country •, and the faid A. B. doth the Uke: Therefore let a jury thereupon come before our lord the king at Wef.mmjler, on next after , (fome return-day before the trial ; and if the trial be at the afiizes or fittings after term, the laft return-day of the preceding term,) by whom, ^c. and who neither, l^c. to re- cognize, l^c. becaufe as well, feV. the fame day is given to the parties aforefaid at the fame place. If the pleadings are fpecial, they {hould be copied in their proper order, beginning each with a nevi' line. — term (the term of which iffue is ioined) The like, of a ■^ term lubfequeat in the year of the reign of king to th^ dcdaia- George the Third. Way. to wit. Be it retnernheredy that in uon. term laft paft, (the term of which the declaration is intitled ; and if the iffue be made up more than four terms after the declaration, inftead of the words " laft paft," fay " in the year of the reign of our lord the nov/ king,"} before our lord the king at Wejlmmf.ery came A. B, by his attorney, and brought into the court of our faid lord the king before the kmg liimftlf then there, his certain bill againft C. D. being in the cuftody of the marfhal of the marftialfea of our faid lord the king before the king himfelf, of a plea of tref- pafs on the cafe upon promifes ; (or as the plea is;) and there are pledges for the profecutron thereof, to wit, John Doe and Richard Roe; which faid bill follows 1^4 ISSUES. follows in thefe words, that is to fay, ' to wit. A. B, complains of C. D. &c. (here copy the declaration to the end, omitting the pledges, and proceed on a new line as follows:) And now at this day, that is to fay, on ■• next after in this fame term, until which day the faid C. D. had leave to imparl to the faid hill, and then to anfwer the fame, before our faid lord the king at Wejlminjler, come as well the faid A.B. by his attorney aforefaid, as the faid C. D. by ■ his attorney ; and the faid C. Z). defends the wrong and injury when, iSc. and fays, fs'r. (to the end of the pleadings, beginning each, if fpecial, with a new line) : Therefore let a jury thereupon come, \sfc. (as before.) -- . .. , »— term (the term of which the declaration Ifltte by original, ^ is intitled) in the year of the reign of King George the Third. — — to wit. C. jD. was attached (or fummoned) to anfwer -<^. 5. &c.(as.in the declaration, to the end). And the faid C. D. by his attorney, comes and defends, tsfr. (copying the pleadings in order) therefore it is commanded to the fherifF, that he caufe to come before our lord the king, on ■, whercfoever our faid lord the king fhall then be in England^ twelve, tsfc. by whom, ^c. and who nei- ther, ^r. to recognize, (ffc. becaufe as well, l^c. The like, with term in the year of the reign of King George the Third. — — to wit. C Z). was attached (or fummoned) to anfwer A* B. &c. (as in the declaration, to the tnd). And ISSUES. 175 And the fald C. D. by hh attorney, comes and defends the wrong and injury when, d5'r. and prays a day thereupon to imparl to the faid declara- tion of the faid A. B. and it is granted to him, i^c. And upon this a day is given to the parties afore- faid, before our lord the king until wherefoever, f r. that is to fay, for the faid C D. to imparl to the declaration aforefaid, and then to anfwer the fame : At which day, before our faid lord the king at JVtjimiriJier, come the parties aforefaid, by their attornies aforefaid ; and the faid C. D. fays, I3C. (to- the end of the pleas). And the faid A. B. prays a day to imparl to the faid pleas of the faid C. D. and it is granted to him, fV. and hereupon a day is given to the faid A. B. before our faid lord the king until , wherefoever, ^V. that is to fay, for the faid A. B. to imparl to the faid pleas of the faid C. D. and then to reply to the fame j the fame day is given to the faid C. D, there, ^'c. At which day before our faid lord the king at Wejiminjier^ come as well the faid A. B. as the faid C D. by their refpeclive attornies aforefaid ; and the faid A. B. as to the faid plea of the faid C. D. &c. (to the end of the pleadings) : Therefore it is com- manded to the fherifF, Is'c. (as before). Therefore as well to try this iffue, as the faid Award of wmV«, other iffue (or iffues) above joined between the par- j;m!i'hT;is'in ties aforefaid, let a jury thereupon come, iSc. (or ^^^• by original, it is commanded, l3c,) And as well to try the faid iflue (or ilTues) above i'*»« '*'''«> where ... , . r r • 1 there are feveral joined between the parties aforefaid, to be tried by iiiaes in laa aa* the '■'^^^- l-jC ISSUES. the country, as to inquire what damages the faid ^. B. hath fuftained by reafon of the premifes, whereof the faid parties have put themfelves upon the judgment of the court, if judgment fhall happen to be thereupon given for the faid A. B. againll the faid C. D. let a jury thereupon come, i^c. (or by original, it is commanded, ._ c.) The like, whfre Therefore as v;ell to try this iiTiie, as the faid defendan's whj) Other iflue (or ifTues) ibove joined between the faid plead feparately. j^ ^^ ^,^j jj^g f^jj ^_ p^ Jgj ^ j^-y thereupon COmC, iJc. (or by original, it is commanded, j?V.) Entry and award (After copying the plea and liTue thereon, proceed therrareVeve"}^ as follows :) And the faid E. F. in his own perfon, defendants, c e ^.^^gg ^^^ clcfends the wrong and injury when, fjc. ot whom pleads " j j and another lets gnd fays nothing in bar orpreclufion of the faid action of the faid A. B. whereby the faid A. B. remains therein undefended againft the faid E. F. wherefore the faid A. B. ought to recover againfl the faid E. F. his damages by reafon of the premifes : But becaufe it is unknown to the court here, what damages the faid ^. ^. hath fuftained by reafon thereof; and becaufe it is alfo at prefent unknown to the court here, whether the faid C. D. will be convi6led of the premifes, upon which the faid iflue is above joined between thic faid A. B. and the faid C D. or not ; and becaufe it is convenient and neceflary, that there be but one taxation of damages in this fuit ; ther.efore let the giving of judgment in this behalf againft the faid £. i^. be flayed, until the trial or determination of the faid iflue above joined between the faid A. B. and the faid C. D. And as well to try the faid iffue above joined between the faid A. B. and judgment go by default. ISSUES. T7*? find the faid C. D. as to inquire agaiiiO: the faid E. F. what damages the faid A. B, hatli fuftaincd in this behalfj let a jury thereupon come, ^c, (or by btigi- nal, it is commanded, h'c-) Therefore let a jury be made thereof j and be- A'sz\i of mitti ■ -,..,. ^. , .... , . . v!ut to the coun- caule the laid lilue above joined between the parties ty-paiatine of aforefaid, ought to be tried by men of the cdunty- ^""'"f''- palatine of Lancajlery that is to fay, of the body of the fud county, where the writ of our faid lord the king doth not run, and not elfewhere ; therefore to try the faid iflue above joined between the parties aforefaid, let the record of the plaint aforefaid be fent to his majefty's juftices of the faid ccunty-paln- tine of Lancajlei-y fo that the fariie juftices, by his faid majefty's writ of that county to be duly made, and to the fherifFof the fame county diredled, do command the ii\. by whom, ^c. and who neither, ^c. to recognize, Iz c. becaufe as well, ^c. And when the verification and iflue aforefaid (hall have been there made and tried, then the faid mayor ■fliall fend the record of the plaint aforefaid, together with every thing that Oiall have been done thereupon before him, to the faid chamberlain or his deputy* fo that the faid chamberlain or his deputy may remit the fame into the court of our faid lord the king, be- fore the king himfelf at Wcjlm'wjler^ at a certain day which the faid mayor fhail appoint to the faid parties 10 be in the fame court here, to hear judgment there- "ipon, CSrV-. ISSUES. 179 — ^ — to wit. C D. was attached (or fum- Suggeftlonof the jmoneJ) to anfwer A. B. and E. F. of a plea of tref- the piair.tift^, pafs on the cafe, fffr. (or as the plea is) ; and there- ^f ^^e tigS^ upon the faid^ B. by his attorney, comes and writ and before gives the court here to underftand and be informed, that fince the fuing out of the original writ in this caufe, and before this day, to wit, on, ^c, the faid E. F. died, to wit, at, ^c. and the faid A. B. there farvived him ; which the faid C. D. docs not den^j, but admits the fame to be true ; and hereupon the faid A. B. by his attorney aforefaid complains, that whereas, isfc. And the faid C. D. and E. F. by their attor- The like, of the ney, come and defend the wrong and injury when, SefendTntsf ^c. and pray leave to imparl to the faid declaration ¥'"''"" ^f"'^'"'' ' tion and plei. until next after , (or by original, until wherefoever, ^c.) and it is granted to them, t^c. the fame day is given to the faid A. B. at the fame place : At which day before our faid lord the king at Wejltnin'k^y come as well the faid A. B. by his attorney aforefaid, as the faid C. D. by his attor- ney aforefaid ; and the faid E. F. comes not : And hereupon the faid A. B. gives the court here to un- derftand and be Informed, that after the laft continu- ance of the plea aforefaid, and before this day, to wit, on, &c. at, ts^c. the faid E. F. died, and the faid C. D. furvived him •, which allegation the faid C D, doth not deny, but admits tlie fame to be true : Therefore let all further proceedings in this caufe againft the faid E. P. be ftayed. And the faid C. D. idefends|he wrong and injury when^ <3c. (here copy N % the the plea of the furvlving defendant, and go on with the proceedings againfl: him only). Suggeftionofthe. (After the end of the defendant's plen, proceed as deaih of one of . .11 r ' 1 ^i rt it-t-> r • > it- \ the plaintiffs, followsj : And the laid A. B. and Ji. t. (plamfitis) SplicSon" '"'' P"y ^ ^^y *0 ''"P^^^ ^° *^^ ^^^^ P^^3» 3"^ '^^" *^ reply to the fame, and it is granted to them, l£c. ; and thereupon a day is given to the parties aforefaid, to cortie before our faid lord the king at Wejlminjlcry <5n next after , (or by original, on , wherefoever, ^c. ) that is to fay, for the faid A. E. and E. F. to imparl to the faid plea, and then to reply to the fame, ir'c. At which day before our faid lord the king at Wejlminjlery come as well the faid A, B. by his attorney aforefaid, as the faid C. D. by his attorney aforefaid ; and the faid E. F. cometh not : And hereupon the faid A. B. gives the court here to- underfland and be informed, that after the laft con- tinuance of the plea aforefaid, and before this day, to wit, on, i^c. at, ^V. the faid E. F. died, and the faid A. B. furvived him ; which allegation the faid C. D. doth not deny, but admits the fame to be true : Therefore let no further proceedings be had in this caufe, at the fuit of the faid E. F. And as to the faid plea of the faid C. D. Sec. (here go on with the . replication). SuggeftitfB that And hereupon the faid mafter and keepers, or riffs is a party to wardcns and commonalty of the myftery or art of thefmt, and brazIcrs fav, that E. F. efquire, now one of the t J the other. fheriffs cf the city of London aforefaid, is mafter of (he faid company of braziers ; and for that reafon the • faid ISSUES. i8i fald mafter and keepers, ^c. pray the writ of our lord the king to be diredled to G. H. efquire, the other fherifF of the faid city of Londorif to caufe to come before our lord the king at TVeJiminJlery twelve, Iffc. to try the faid iflue (or iffues) above joined be- tween the parties aforefaid ; and becaufe the faid C D. doth not deny the aforefaid allegation of the faid mafler and keepers, ^c. but admits the fame to be true, it is granted to them, i^c. : Therefore it is commanded to the faid G. H. the faid other (herifF of the city of London aforefaid, that he caufe to come, ^c. And hereupon the faid united company fay, that Suggeftion by the, E. F. and G. H. efquires are flieriffs of the city of ^^^yJltL^Z London, and that the faid E. F. one of the faid that one of the fterifts IS in- fheriffs, in his own right, is proprietor of and inte- tereited as a pro- n J . n . • r 1 • • i prietor of itmk, relied m a Ihare and proportion oi the pnncipal ^^j a^ard of ftock of the faid united company, to the value of ^^'^^''/^ '" '^* ■ /. and is a member of the faid united company ; and this the faid united company are ready to verify, and for this caufe, the faid united company pray a writ, to be dire£ted to the faid G. H. efquire, the other (heriff of the faid city of London, to caufe to come twelve, ^c. to try the faid iflue (or iflues) above joined between the parties aforefaid ; and be- caufe the faid C. D. doth not deny the aforefaid allegation of the faid united company, but admits the fame to be true, it is granted to them, Isfc, : There- fore it is commanded to the faid G. H. the faid other flierifF of the city oi London aforefaid, that he caufe to come, isfc. N3 And ]S2 ISSUES. Snggeftion that the /herirt is a party, and award of tenire to the coroner. Suggeftion that the flieriff is of kin to the de- fendant, and award of •venire to the coroner. And becaufe it is fuggedcd to the court of our lord the king now here, that the faid A. B. (the plaintiiF) is {h,tri{F of aforefaid ; it is. therefore commanded to the coroner of the faid county of — — that he caufe to come, ^<;. And hereupon the faid A. B. fays, that , now fherifF of the faid county of , is of kin, that is to fay, brother to the faid C. D. and for this caufe the faid A. B. prays a writ of our lord the king of venire fnciasy to be dire£ted to the coroner of the faid county of ; and becaufe the faid C D. doth not deny the aforefaid allegation of the faid A- B. it is granted to him, tifc. : Therefore it is commanded to the coroner of the faid county of that he caufe to come, ts'c. Suegpftion that the (herifts and cor'iner are in- tereOed, and award of "venire to elij'.rs. And hereupon the faid A. B. fays, that and - , now iheriffs of the city of Coventry and county of the fame citv, are bailiffs of the city of Coventry aforefaid, and therefore parties to the matter aforefaid above put in iflue between him the faid A. B. and the faid C. D. and that , now coroner of the faid city of Coventry and county of the fame city, is one of the faid commonalty of the city of Coventry afore- faidj and therefore likewife a party to the faid matter above put in ilTue between the faid A. B. and the faid C. D. as aforefaid j and the faid A. B. prays a writ of our lord the king, to be dire6led to two dif-^ creet and indifferent perfons, refiding within the faid county of the city of Coventry aforefaid, by the court here to be eledltd, to caufe to come twelve free and lawful men of the neigtibouihcod of W. in the faid county trial in a a ad- joining county. ISSUES. 183 county of the city of Coventry aforefaid, to try the j flue aforefaid above joined between the parties afore- faid; and becaufe the fald C. D. doth not deny the allegation aforefaid Therefore it is commanded to and , with the aflent of the parties afore- faid, by the court here eleded and named, that they caufe to come, Isfc. But becaufe it is fuggefted and proved, and mani- suggeftion fof a feftly appears to the court here, that the faid ilfue above joined between the parties aforefaid, cannot be fairly and impartially tried by a jury of the faid town and county of the town of - • . ; Therefore let a jury of the county of , being the county next adr- joining to the faid town and county of the town of thereupon come, is'.c. (qr by original, it is commanded, isfc.) And becaufe the faid iflue (or ilTues) above joined Award of vrnv* , , . r r • , 1 1 . , , to the flierifFof between the parties atorefaid, ought to be tried by the next Englijh men of the next Efi^/i/h county to the faid county of '=°"'^'' '^^^[^.. •^ ' •' •' th- venue i« laid , and not elfewhere ; and becaufe the county i" Jf^aku •of is the next Englip county to the faid county of : Therefore let a jury of the faid county of thereupon come, i3c. (or by original, it is commanded, ^c.) And becaufe the borough of Berwick is a place The like, where where the king's writ of venire facias to fummon a i^^^^^r'^ick^iieL. jury to try the faid iflue, doth npt run ; and becaufe '^■«'«'^- the burgefles of the faid borough, by reafon of their privileges, ought not to be put upon any jury to try the laid ifl^ue out of the faid borough, but the faid N 4 iffue IC<4 ISSUES. ^ hTue ought to be tried by a jury of the county of Northumberland^ which is the next adjacent county to the faid borough of Berwick ; which alleg tions of the f.iid - — are not denied by the faid — : Therefore let a jury of the faid county of Nrtoum- berlatid thereupon come, ^r. (or by origuiai, it is comnnanded, Is'c.) CnnpUifipp of That there is fuch a record, ^c. as appears by iifue, oil a tepli- , ^ r • - i cuio,) to a plea the record thereof in term, in the year ofrjuXme'nt °^ ^^^ reign of our faid lord the now king, in the &c. ir, [be fame roll : and he prays that the term and roll aforefaid may be feen and infpedled by the court of our faid lord the king now here : And becaufe the court of our faid lord the king now here, are not yet advifed what judgment to give of and upon the premifes, a day is therefore given to the parties aforefaid, before our faid lord the king at Wejlmhi^ fiery until ■ next after (or by original, until wherefoever, ^r.) to hear the judgment of the faid court thereupon, for that the faid court of our faid lord the king now here, are not yet ad- vifed thereof, isfc. The Tike, In a And this he the faid A. B. is ready to verify, ^c. diJaent court. . , , , r ■ i ^ t> • ' i i i i And hereupon the laid A B. is commanded, that he have the faid record before our faid lord the king at W':ftminJ}er,ovL next after (or by original, on • wherefoever, ^c.) and that he fail not at his peril ; the fame day is given to the faid C. D.. at the iame place. And ISSUES. 1 8^ And this he the faid J. B. Is ready to verify, l^c. Conciufion of _ and becaule the court of our faid lord the king now cadonT/w rT^/ here will advlfe themfelves upon infpeaion and ex- record o( ^ im^^. ■ ment, «c. in tr.e amination of the record, by the faid C. D. above fame court. alleged, a day is given to the parties aforefaid be- fore our faid lord the king at Wejlminjier^ until • -^ next after (or by original, until where- foever, l^c.) to hear the judgment of the faid court thereupon, for that the faid court of our faid lord the king now here are not yet advifed thereof, \^f. And this he the faid A. B. Is ready to verify, ^c. The like, In 2 (or, If the replication concludes with a verification ' '•'^^'^"^°"^^' and prayer of judgment, and the defendant rejoins quod habetur tale recordum, " And this he the faid C. D. Is ready to verify, ^c") And hereupon the faid C. D. is commanded, that he have the faid re- cord before our faid lord the king at Wejiminjler^ on next after (or by original, on wherefoever, isfc.) and that he fail not at his peril; the ixx^c day \% given to the faid A, B. at the fame plaice. But becaufe the court of our lord the king now Condufionof , 1 T 1 1 • , • r (iemurrer-btok. here, are not yet adviled what judgment to give or and upon the premifes, a day is given to the parties aforefaid, before our faid lord the king at Wejimhi- Jler^ on next after (or by original, on wherefoever, l5fc,) to hear judgment thereon, for that the faid court of our faid lord the king now here, are not yet advifed thereoi, ^c. Thelikeentry Is ufed upon an \^\itoi mil tid record j where it is not determined the fame term. Unlefs 1 86 ISSUES. Rule to retui 1 Unlefs the defendant receives this paper-book, and returns the fame on the day of to be enrolled, let a writ be made (if the judgment would be interlocutory j or if final, " let a rule be en^ tered"J. Mr. E. F. Notice of having I have ftruck out the rejoinder, and left a demur- Itruck outre- . i- • • t m joinder, &c. rcr to the plamtiiF s replication in the office. Rule to enter the ifTue. next after is given to the plaintiff to enter the iffue. Entered, The like, on demurrer. A. B. ■\ Unlefs the plaintiff enters the iffue on V. C record, on next after let the C. D.y fame be entered on the part of the de- fenda^it. Entered. Entry of ifliie by bill. As yet of term (the term of which iffue is joined) in the year of the reign of king George the Third. Witnefs Lloyd Lord KenyotJ. • to wit. A. B. puts in his place E. F. his attorney, againft CD. in a plea of trefpafs on the cafe, (or of debt, i^c. as the plea is). — — to wit. C. D. puts in his place G. H. his attorney, (or if common bail was filed by the plaintiff, according to the ftatute, fay, *' the faid C. D. in perfon,") at the fuit of the faid A. B, in the plea aforefaid. s X — — tc ZSSO£S. 187 — — to Wit. Be it remembereJi Sec. (here copy the whole of the iflue, to the end of the award of the. venire focias ; and if the caufe be not tried the fame term iifue is joined, or in the vacation after that term, it is continued from term to term, as follows :) At which day, before our faid lord the king at Continuance oi IFeJimitjJicr, come the parties aforefaid, by their at- .ukt^'mnml tornies aforefaid ; and the ftieriff hath not fent the fi/J' *''""» '^ writ of our faid lord the king to him in that behalf directed, nor hath he done any thing thereupon : Therefore, as before, let a jury thereupon come be- fore our faid lord the king at Wejlminjlery on — — next after , by whom, \^c. and who neither, l^c. to recognize, ^V. becaufe as well, l^c. the fame day is given to the parties aforefaid at the fame place. ^ Enter the warrants of attorney as by bill j but in- Entiy of iffuc (lead of a memorajidnniy go on immediately with the ^ ' * .declaration, as follows : to wit. C. D. was attached (or fum- phoned) to aiifwer A. B. &c. (copying the whole o£ the iffue as before i and if the caufe be not tried the fame term iffiie is joined, or in the vacation after that term, the continuance is as follows :) At which day, before our faid lord the king at Continuance of Wejimin/icry come the parties aforefaid, by their at- \^ce!'(^l7 nol tornies aforefaid ; and the flierifF hath not fent the "'f'\ ^''f^'> ^^ otigiaal. writ of our faid lord the king to him in that behalf dire6led, nor hath he done any thing thereupon : yhereforcj as before, the flierifF is commanded, that iS'3 ISSUES. he caufe to come before our lord the king on j wherefoever our faid lord tlie king fliall then be in England^ tweh'e, is'c. by whoin, ^c. and wi)o nei- ther, isc, to recognize, isc. bccaufe as well, Isfc. the fame day is given to the parties afortfaid at the fame place. 5',;j~eft':onof the After the award of the venh-e fac'uis, or conti- deacU.ot one ^i . -r » i r t isNeriipiaihiitis nuance by vicecomes tjon unjit breve^ proceed as iol- nr defendants, , . ar-r itiac joined ^^^^^ * lad bstwe trial. Before which day, to wit, on, dffr. the faid £■. i^. (or G. H.) to wit, nt, b J , cofts, for notpro-" aflion was commenced in term lalt, and that ceeding to trial. in . term following iflue was joined, and notice of trial given thereon for the fittings after the faid term (according to the fad) : And tliis deponent further faith, that the above-named plaintiff did nOt proceed to the trial of the faid aftion, nor counter- mand fuch notice. Sworn, ^c. G. /z. Upon reading the affidavit of It is or- Rule of cours dered, that the attornies of both parties ^^^'^^°"' C. D. ) (hall attend the Mafter, and he (hall ex- amine the matter and tax the defendant his-cofts, for that the plaintiff hath not proceeded to trial purfuant to his notice ; which cofts when taxed fhall be paid by the plaintiff, if it fhall appear to the Mafter that cofts ought to be paid. Upon the motion of Mr* -i A.B, plaintiff. In the King's Bench. and C D. defendant, G. H. of, Isfc. and C. D. of, ^c. feverally make Affidavit of dc oath and favj and firft, this deponent G. H. for him- 7"d;nd refd J ' ' r or c Its, wnea felf faith, that he did on the day of payable to the . attorney. laft, perfonally ferve the above-named plaintiff with a true copy of the rule, and the Mafters allocatur thereon, hereto annexed, and at the fame time fhewed him the faid original rule and allocatur-, and that he this deponent then demanded of him the cofts al- o lowed ^94 PROCEEDINGS Oft ISSUES lowed by the Mafler on the faid rule, but that the faid plaintiff did not then, or at any time fmce, pay the fame to this deponent, and the fame now remains unpaid to him ; And this deponent C. D. for himfelf faith, that he hath not received the faid cofts, or any part thereof, but the fame now remains due and un- paid to this deponent. G.H. CD, Sworn, ^c. i.B.y. Rule^for trial by ji. B. *) Let there be a record of niftprius hy provlfof '■-■vljo. I if the plaintiff fhall have made default. Entered. A. B. plaintiff, In the King's Bench. and C. D. defendant. Notice of motion Take notice, that this honourable court will be for judgment as , r r c. r i i ir cafe of a non- i^ovcd on , or fo loon after as counfel can be ^'"'' heard, that the like judgment may be had for the defendant in this caufe as in the cafe of a nonfuit, purfuant to the ftatute in fuch cafe made and pro- vided. Your's, £sfr. G. H. defendant's attorney. To Mr. E, F. plain- tiff's attorney. A. B. plaintiff. In the King's Bench. and CD. defendant. Affidavit for G. H. of, iSc. attorney for the defendant In tliis cafe'oTa'noV" caufe, makcth oath and faith, that iffue was joined • triable by the COUNTRY, 19^ »n this caufe In term laft paft, and notice of trial given for the fitting in (or for the fittings after) the faid term (or for the laft aflizes holden at ■ in and for the county of ); and that the faid plaintiff did not proceed to the trial of this caufe, purfuant to the faid notice, G.H. Sworn, t^c. The affidavit, If made after the fecond term in town, or next aflizes but one in the country, need not (late the notice of trial. A. B. '\ Upon reading the affidavit of — — , and the Rule of court V. > entry of the iflue on record, it is ordered ^^^^^'^°-' C. D. ^ that the plaintiff, upon notice of this rule to be given to his attorney, fhall upon (hew caufe, why the like judgment fhculd not be given for the defendant as in the cafe of a nonfuit, purfuant to the ftatute in fuch cafe made and provided. Upon the motion of Mr. ——. A. B. plalntlfF, In the King's Bench. and C. D. defendant. G. H. of, i^c. attorney for the defendant in this Affidavit for caufe, makethoath and faith, that this honourable J^^gment asm ' ' cale of a non- court was moved in laft term, for judgment as in f^it, after a pe- r r r ' i n ' r i ^ ■ Temptory under- cale or a noniuit, and upon Ihewmg cauie, the plain- taking. tiff peremptorily undertook to bring on the faid iflue to be tried, at the fitting within this prefent — term ; whereupon the annexed rule was made : And this deponent further faith, that the SplaintifF 02 hath 1^5 PROCEEDINGS Oft ISSUES, &C. hath not proceeded to the trial of the faid iflue, in purfuance of his faid undertaking. G.H. Sworn, (^c. A. B. plaintiff, In the King's Bench. and C. D. defendant. Notice of motion Take notice, that this honourable court will be fo/the°fbfence'' i^oved OH, t^c. OX fo fooH after as counfel can be of I witncfs. heard, that the trial of the caufe may be put off un- til next term, on account of the abfence of a material witnefs on the part of the defendant, and in the mean time all further proceedings be ftayed. Your's, l^c. G. H. defendant's attorney. To Mr. E. F. plain- tiff's attorney. A, B. plaintiff. In the King's Bench. and C. D, defendant. Affidavit in fup- C. X>. of, b'f. the defendant In this caufe, maketh oath and faith, that iffue was joined in this caufe in >■ ■■ - term laft paft, and that notice was given for the trial thereof at the fitting within (or at the fittings after) the faid term : And this depo- nent further faith, tliat E. F. late of, ^c. is a mate- rial witnefs for him this deponent in the faid caufe, as he is advifed and believes, and that he cannot fafely proceed to the trial thereof without the tefti- mony of him the faid E. F. And this deponent fur- ther faith, that in confequence of the notice of, trial fo RECORD OF NISI PRIUS. Ijl/ fo given as aforefaid, he this deponent caufed in- quiry to be made, i^c. (dating the nature and refuU of the inquiry made after the witnefs, and the l;im€ when he is Ukely to attend). Pleas before our lord the king at Weflminftery of R«"^'lof'''A — — term (the term in which iflue is joined) in the «— — i year of the reign of our fovereign lord George the third, by the grace of God, of Great Britain^ France and Ireland king, defender of the faith, and fo forth, and in the year of our Lord 1 79 - • Roll Way, • to wit. (Here copy the iflue, beginning with the memorandum by bill, and the declaration by original j and then proceed as follows) : Pleas before our lord the king at Wejminjiery of Second fla^n. • term (the term in or after which the caufe is tried), in the . year of the reign, ^c. (as be- fore). — ■ to wit. The jury between A. B. by his at- jurata, torney plaintiff, and C D. (inferting his addition by original) defendant, of a plea of trefpafs in the cafe, (or as the a£lion is,) is refpited before our lord the king at Wejlminjieri until next after — — , (the return of the di/lringaSi or by original until wherefoever, l^c.) unlefs the right honourable Lloyd Lord Kenyan^ his majefty's chief-juftice afligned to hold pleas in the court of our faid lord the king before 03 the 198 RECORD OF KISI PRIUS. the king himfelf, (hall firft come on ■ • the day of (the day of trial), at the Guildhall of the city of London, (or if in Middle/ex y at Wejlminjier' hall in the county of Middle/ex ; or if in the country, *' unlefs his majefty's juftices afligned to take the aflizes in and for the county of fliall firft come on — - — (the commiflion-day of the affizes) at • , (the place where the aflizes are holden) in the faid county,") according to the form of the ftatute in fuch cafe made and provided, for default of the ju- rors, becaufe none of them did appear : Therefore let the fherifFhave the bodies of the faid jurors, to make the faid jury between the parties aforefaid of the plea aforefaid accordingly j the fame day is given to the parties aforefaid at the fame place. At the aflizes, the jurata concludes as follows : Sciendum. And be It known, that the king's writ on record was delivered to the under-flierifi^ of the faid county, on .. •' — the day of in this fame term, (the laft day of the term preceding the trial,) before our lord the king at Wejlminjlery to be executed according to law, at his peril. JURY-PROCESS. 199 George the Third, l^c. To the (herlfF (or coro- Vtmrtfaaau ncr) of (or to and el'ifon duly ap- pomted in this behalf) greeting: We command you, that you caufe to come before us at Wejlmlnjler^ on next after (or by original, on — — whcrefoever we ftiall then be in England : making the writ by bill returnable on a particular return- day ; or by original, on a general return-day, before the trial J and if in a country caufe, on the laft par- ticular or general return-day of the term;) twelve free and lawful men of the body of your county, each of whom has ten pounds a-year at the leaft of lands, tenements or rents, by whom the truth of the matter may be the better known, and who are in nowife of kin either to A. B. the plaintiff, or to C D. (inferting his addition, by original) the de- fendant, to make a certain jury of the country be- tween the parties aforefaid, of a plea of trefpafs on the cafe (or as the adlion may be), becaufe as well the faid C. D. as the faid A, B. between whom the matter in variance is, have put themfelves upon that jury ; and have there then (or by original, " have there") the names of the jurors, and this writ. Witnefs Lloyd Lord Kenyan at Wejiminjler^ the — — day of (the firft day of the term in which the venire is returnable,) in the year of our reign. Way, (As in the former writ, to thefe words, ** to The like, where , . . r 1 ^ u i jA. ons defendant make a certam jury of the country between the ^\^^^^^ and an- parties aforefaid," and then as follows :) as well to ''^'^" lets judg. • ' _ ment go by d?- try the iflue joined between the faid A^ B, and CD. fault. 04 of 2do JURY-PROCESS. of a plea of trefpafs on the cafe (or as the aftion may be^ as to inquire againfl the faid £. F. what damages the faid J. B. hath fuftained, as well by- means of the not performing of the faid promifes and undertakings of the faid E, F. as for his cofts and charges by him about his fuit in this behalf ex- pended •, whereupon it hath been confidered, that the faid A. B. ought to recover his damages againft the faid E, F. becaufe as well the faid C. D. as the faid A. B. between whom, ijfc. (as before). The nice, where — — as well to try the iffue joined between them, there are feveral , « ^ • , i ^i , r i r_. iiTues in faft and to be tried by the country, ot a plea, l5fc. as to inquire in law, and the ^^^^ damages the faid A. B. hath fuftained on oc^ jury are to afleis " contingent da- cafion of the prcmifes, whereof the faid parties have latter. put themfelves upon the judgment of the court, if judgment fliall happen to be given thereupon for the faid A. B. againft the faid C. D. becaufe as well, Venire dc rto-vo, George the Third, ^c. To the fherifF, i^c. greet- ing : We command you, that you caufe to come atiew before, iffc. (as in a common venire). pjfirittgat, George the Third, b*r. To the IherifF, feV. greet- ing : We command you, that you diftrain the feve- ral perfons named in the panel hereunto annexed, (or if it be a fpecial jury, •* that you diftrain E.F. of, i^c. G. H. of, i^c." naming them as in the Matter's lift,) jurors fummoned in our court before us, between A. B. plaintiff and C. D. defendant, by all their lands and chattels in your bailiwick, fo fhat neither they, nor any one by them, do lay hand§ JURY -PROCESS. 201 hands on the fame, until you fliall have another command from us in that behalf; and that you an-r fwer to us for the iflues of the fame, fo that you have their bodies before us at Wejiminjler^ on next after , (or by original, on wherefo- ever we (hall then be in England ; making the dif- tringas returnable on the firft particular or generaj return -day after the trial,) or before our right trufty and well-beloved Lloyd Lord Kenyan^ our chief-juf- tice affigned to hold pleas in our court before us, if he fhall firft come on the day of ■■ (the day of trial) at the Guildhall of the city of Lon- don aforefaid, (or if in Mlddkjexy at Wejlmlnjler-hall in the county of Mlddlefex aforefaid ; or if at the aflizes, " before our juftict? afligned to take the af- fizes in your county, if they (hall firft come on — — (the commifiion day of the aflizes) at , (the place where the aflizes are holden,) in your faid county,") according to the form of the ftatute in fuch cafe made and provided, to make a certain jury be- tween the faid parties, of a plea of trefpafs on the cafe, or as the plea is,) and to hear their judgment thereupon of many defaults ; and have there then (or by original, ** have there") the names of the jurors, and this writ. Witnefs Lloyd Lord Kenyan at Wejlminftery the day of (the return- day of the venire by bill, or quarto diepojl by original) jn the year of our reign. Way, (After the words " many defaults" infert the fol- The like, on f lowing /row/o;) Provided always, that if two writs *"»• ''y /"''''' ?»• {hall 202 JURY-PROCESS. fhall come to you thereupon, then you execute and return one of thera only j and have there, ^'c. Rale for a view, u^. B. ^ It IS Ordered, that there iflue a writ of dif- a^a commoa ^^ I fyifj^^^ juratoreSy to be diredled to the CD. J IherifF of the county of , in which Ihall be contained a claufe, commanding the faid IherifF to have fix or fome greater number of the jurors, to be impannelled and returned to try the iflTue between the parties, who Ihall be mutually confented to by the faid parties or their agents, at the place in qucftion, before the time of the trial of the faid iffue, to wit, upon the day of ■ i and that on the part of the plaintiff, and — — on the part of the defendant, fhall attend the fame day, and ftiew the matters in queflion to the faid fix or fome great number of the faid jurors, who fhall be confented to as aforefaid ; and that the expence of taking the faid view {hall be equally borne by both parties, and no evidence (hall be given on either fide at the time of taking thereof: the plaintiff (or defendant) confenting, that in cafe no view fiiall be had, or if a view fhall be had by any of the jurors, whether they (hall happen to be fix or any particular number of the jurors who fliall be fo mutually confented to as aforefaid, yet the faid trial fl.all proceed, and no objedtion fliall be D>ade on account thereof, or for want of a proper return to the faid writ. Upon the motion of Mr. A. B, JURY-PROCESS. 203 j9. B. '\ It Is ordered, that there iflue a writ oi dlf- The like, by a V. K tr'mgas jtiratores^ to be diredled to the ^^ ' ^ C. D. 3 flierlfF of the county of , in which fhall be contained a claufe, commanding the faid (heriff to have fix or more of the firft twelve of the jurors, to be impannelled and returned to try the iflue between the parties, at the place in queftion, before the time of the trial of the faid iflue, to wit, upon the day of j and that on the part of the plaint! fl^, and on the part of the defendant, (hall attend the fame day, and ftiew the matters in quefliion to the faid fix or more of the firft twelve of the faid jurors ; and that the expence of taking the faid view {hall be equally borne by both parties, and no evidence fhall be given 5 this writ fhall be delivered to you, each of whom having ten pounds a year at the leaft, of lands, tene- ments or rents, by whom the truth of the matter in queftion may be the better known and inquired into, and who are in nowife akin either to the faid A. B. or to the faid C. D. to recognize and make a certain jury of the country between the faid parties, of the plea aforefaid, becaufe as well the faid C. D. as the faid A. B, between whom the matter in va- riance is, have put themfelves upon that jury; and alfo that you make fuch further procefs againfl: the faid jurors, fo to be impanelled between the faid parties, as is in this behalf ufed and commonly made, according to the law and cuftom of the faid county- palatine, until the iflue aforefaid between the faid parties fliall be fully tried ; and when the verification and ifTue aforefaid fliall have been there made and tried before you, then do you fend the record of the plaint aforefaid, together with every thing tliat fhall have been done before you thereupon, and alfo this writ, to us at Wejlmlnjler^ at a certain day which you fliall appoint to the faid parties to be in our faid court here, to hear judgment thereupon. Witnefs £.loyd Lord Kenyan^ &c. (As in the laft writ, to thefe words, *' until the The like, where iflue aforefaid between the faid parties (hall be fully jjj"* " ^° tried," and then proceed as follows ;) and that in the writ of habeas corpora juratorum to be ifl'ued by you in this caufe, there be contained a claufe, com- manding the flierifF of the faid county-palatine to have fix or more of the firft twelve jurors, fo to be impannelled and returned, who (hall be mutually 14 confented 20< JURY-PROCESS. confcnted to by the faid parties or their agents, at the place in queftion, before the time of the trial of the faid iflue, to wit, on the day of — — - next enfuing ; and that on the part of the faid A. B. and on the part of the faid C. D. Ihall attend the fame day, and (hew the matters in queflion to the faid fix or more of the firft twelve jurors, who Ihall be confented to as aforefaid ; and when the verification and iflue aforefaid fhall have been there made and tried, l^fc. (as before). The like, to the George the Third, faj', to wit. 5«i5/)fl?«a to teftify, between A.B. PradptiQipi- plaintiff and C. D. defendant, on the part of the plaintiff (or defendant). E. F. attorney. 179- • George the Third, &c. To E. F. &c. greeting : Suh^cenm, We command you, that laying afide all and Angular bufinefles and exciifes, you and every of you be and appear in your proper perfons, before our right trufliy and well beloved Lloyd Lord Kenyo7i, our chief- juftice afligned to hold pleas in our court before us, at the Guildhall of the city of Lo^idon^ (or in M'ld- dlefexy at Wejlminjler-hall in the county of Middle^ fex\ or at the aflizes, before our juftices afligned to take the aflizes in and for the county of at 2b8 witnesses. — in the faid county,) on the -— — day of — inftant (or next), by of the clock In the forenoon of the fame day, to teftify all and lingular thofe things which you or either of you know, in a certain caufe now depending in our court before us, between A, B. plaintiff and C. D. defendant, of a plea of trefpafs on the cafe (or as the adlion is), on the part of the plaintiff (or defendant), and on that day to be tried by a jury of the country j and this you, or any of you, fhall by no means omit, under the penalty upon each of you of lOO /. Wlt- nefs Lloyd Lord Kenyoiiy &c. Suhfeena-\\tktu By virtuc of a writ of ftibpoena to you dire£led, and herewith ihcwn unto you, you are perfonally to be and appear before Lloyd Lord Kenyotiy chief- juftice of his majefty's court of King's Bench, on — — the day of inftant (or next), by — — of the clock in the forenoon of the fame day, at the Gttildhally &c. (as in the fubpoetia)y then and there to teftify the truth according to your know- kdge, in a certain caufe now depending, and there to be tried, between A. B. plaintiff and C. D. de- fendant, of a plea of trefpafs on the cafe (or as the a£lion is), on the part of the plaintiff (or defendant),-, and this you are not to omit, under the penalty of jog/. Dated the day of in the year of the reign of our fovereign lord George the Third, king of Great Britabiy &c. and in the year of our Lord 179 - . • By the court. E. F. attorney for plaintiff (or defendant). George WITNESSES. • 209 George the Third, ^c. (as in a common fubpcena^ Subpoena Jaca to the day of trial, and then proceed as follows :) and alfo that you bring with you and produce, at the time and place aforcfaid, a certain deed or in- ftrument in writing, bearing date, ^c. (defcriblng the thing to be produced,) then and there to teftify and fliew all and fingular thofe things, which you or either of you know, or the faid deed or inftrument doth import, of and concerning a certain caufe now depending, ^c. (as before). ^ J. B. plaintiff. In the King's Bench. and C. D. defendant. ^. B. of, ^c. the above-named plaintiff, m;iketh Affidavit to ob- ^•L \ r • \ ^ . -n r> • r r 11 l^^'" habeas coitus oath and laitn, that ^. t. now a priloner tor debt, ad tejlijicandun:. in cuftody of the marfhal of this court, (or as the cafe may be,) is and will be a material witnefs for this deponent, at the trial of this caufe : And this deponent further faitli, that he is advifed and verily believes, that he cannot fafcly proceed to the trial thereof, without the teftimony of the faid E.F. and that he the faid E. F. is ready and willing to attend as a witnefs at tlie trial of the faid caufe. Sworn, ^c. — — Habeas corpus to teflify, betweert ^. B. plain- p^^cijie for tiff and C. D. defendant, on the part of the plaintiff ^^™^* (or defei.dant). £. F. attorney. — -179-. Georgt 210 WITNESSES. Haifjs cerpus ad Geofge the Third, cffr. To the marfhal of our tjijicanum. prifon of the marfhalfea, (or the officer in whofc cuflody the prifoiier is,) greeting : We command you, that you have the body of E. F. detained in our prifon under your cuftody, as it is faid, under fafe and fecure conduft, before our right trufty and well-beloved Lloyd Lord Kenyoti^ our chief-juftice affigned to hold pleas in our court before us, at the Guildhally Sec. (as in x\\e fitbpoena^) on the — — day of next, by — — of the clock in the fore- noon of the fame day, there to teftify the truth ac- cording to his knovi^ledge, In a certain caufe novr depending in our court before us, and then and there to be tried, between A. B. plaintiff and C D. defendant, of a plea of trefpafs on the cafe (or as the adlion is), on the part of the faid A. B. (or the faid C. D.) and immediately after the faid E. F. Ihall then and there have givea his teftlmony before our faid chief-juftice, (if in town-, and if in the country, before our faid juftices,) that you return him the faid E. F. to our faid prifon, under fafe and fecure conduct ; and have there then this writ. Witnefs Lloyd Lord Kenyotiy &c, in^rrogatories INTERROGATORIES to be adminiftered to E. F. a tof plaintirt. . ^ , i i r i • i i Witnefs to be produced, Iworn and exammed, on the part and behalf of A, B. plaintiff, in a certain caufe now depending in his majefty's court of King's Bench at WeJJm'wJiery againft C. D. defendant, be- fore ■ one of his faid majefty's juftices of the fame court, purfuant to a rule of the faid court, made o-n — • — next after in the year of the reign of king George the Third (or if under an order, fay. WITNESSES. i^^I Tay, " purfuant to an otder of the faid juRIce, made the day of 179 - •") Imprimis. Do you know the patties, plahitifF and defendant, in the title of thef^ interrogatories named, or either and which of them, and how long have you known them, or either and which of them ? De- clare, i^c. Secondly. Look updn the deed or writing now prd- duced and fliewn to you, at this the time of your ex- amination, marked with the letter (A), and purporting to be an indenture of leafe, ^c. bearing date, i2fi\ Was fuch deed or writing fealed and delivered in your prefence, and by v/hom ? Were you a fubfcribing wit- nefs to the fealing and deUvery thereof? And is the name E. F. indorfed thereupon, and appearing as the name of one of the witnefles, of your own hand- writing ? Do you know the hand v^^rlting of G. H. appearing to be the other witnefs to the faid deed or writing ? Is the name G. H. -indorfed thereupon, of the proper hand-writing of the faid G. H. ? And did you fee him fet and fubfcribe his name as a wit- nefs thereto ? Declare, ^c. LaJIly. Do you know of any other matter or thmg, or have you heard, or can you fay any thing touching the matters in queftion in this caufe, that may tend to the benefit and advantage of the faid plaintiff, be- fides what you have been interrogated unto ? De- clare the fame fully and at large, as if you had been particularly interrogated thereto. Interrogatories to be admmiftered to jE, F. a T^^ '''^'^' ^"° defendants witnefs to be produced, fwotn and exami!]€d, on the part and behalf of C, P. the defendant, in a certain ? 2 " caufs 112 ARBITRATION. caufe now depending againft him, in his majefty's court of King's Bench at Wejlminjler, at the fuit of A, B. plaintiff, before, ^c. The like, to Intekrogatories to be adminiftercd by Way of ciofs examii;e a . . 7-' r- • r c_3 witnefs. crols-e.sanmiation, to ii. r. a witnels, ^c. Order of refer- London, 1 At the fitting of nifi priuSi held at Guild" en^ejii r.ijif'ius. ^^ ^^jj.^ ^ ^,^^ jj^ ^^^^ ^^j. jj^^ ^j^y q£ London, on the day of — — — , in the year of our Lord 179-, and in the year of the reign of our fovereign lord George the Third, now king of Great Britain, &c. before the right honourable Lloyd Lord Kenyan, chief- juftice of our lord the king, affigned to hold pleas be- fore the king himfelf : A. B. "^ It is ordered by the court, by and with the V. > confent of the plaintiff and defendant, C. D. J their counfel and attornies, that the laft juryman fvvorn and impanelled in this caufe, be with- drawn out of the panel, and that all matters in differ- ence between the faid parties, be referred to the award, order, arbitrament, final end and determin- ation of, ks'c. fo as he fliall make and publifh his award in writing, of and concerning the premifes in queftion, on or before the day of term now next enfuing ; and that the faid parties (hall and do perform, fulfil *and keep fuch award, fo to be made by him the faid arbitrator as aforefaid : And it is alfo ordered, by and with fuch confent as aforefaid, that ARBITRATION. 2 I 3. that the ccfts of the faid caufe fhall abide the event and determination of the faid award, and that the cofts of the faid reference fhall be in the difcretion of the faid arbitrator, who fliall dire£l and award by whom, and to whom, and in what manner the fame fhall be paid : And it is likewife ordered, by and with fuch confent as aforefaid, that the plaintiff and de- fendant refpeclively (hall be examined upon oath, to be fworn before the faid lord chief^-juftice, or fome other juftice of the fame court of our lord the king before the king himfclf, if thought neceffary by the faid arbitrator; and do produce before the faid arbi- trator, all books, papers and writings, touching and relating to the matters in diflerence between the faid parties, as the faid arbitrator fhall think fit ; and that the witnefles of the plaintiff and defendant refpec- tively (hall be examined upon oath, to be fworn be- fore the faid lord chief-juftice, or fome other juftice of the fame court of our lord the king before the king himfelf : And it is likev/ife ordered, by and with fuch confent as aforefaid, that neither the plaintiff nor the defendant (hall profecute or bring any action or fuir, in any court of law or equity, againft the laid arbi- trator, or bring or prefer any bill in equity againft each other, of and concerning the premifes in quef- tion, fo as aforefaid referred : And it is further or- dered, by and with fuch confent as aforefaid, that if either party (hall by affe61;ed delay, or otherwife, wilfully prevent the faid arbitrator from making an award, he fhall pay fuch cofts to the other, as the faid court of our faid lord the king before the king himfelf (hall think reafonable and juft ; And laftly it is ordered, by and with fuch confent as aforefaid, p -i that iI4 ARBITRATION. that the fald court of our faid lord the king before the king himfelf may be prayed, that this order may be made a rule of the fame court. Arbitration- Know all men by thefe prefents, that 1 C. D ericetotwojwith of, &c. am held and firmly bound to j4. B. of, ^r. in — -. pounds of good and lawful money of Great a claufe of um- Britain^ to be paid to the faid A. B. or his certairi attorney, executors, adminiftrators or affigns ; for which payment well, and truly to be made, I bind myfeif, my heirs, executors and adminiftrators, firmly by thefe prefents : Sealed v/ith my feal. Dated the day of , .in the year of the reign of our fovereign lord George the Third, by the grace of (jod, of Great Britain^ France^ and Ireland king, de- fender of the faith, and fo forth, and in the year o^ our Lord 1 79 - . The condition of this obligation isfuch, that if the above-bounden C. D. his heirs, executors and admi- niftrators, and every of them, do and fliall, for his and their part and behalf, in all things well and truly ftand to, obey, abide, obferve, perform, fulfil and keep the award, order, arbitrament, final end and determination of E. F. of, ^c. and G. H. of, ^c. arbitrators indifferently named, ele£ted and chafen, as well by and on tlie part and behalf of the above- bounden C. D. as of the above-named A. B. to arb'i- irate, award, order, judge and determine, of and concerning all and all manner of action and a£lions, caufe and caufes of adlion, fuits, bills, bonds, fpe- ciallies, judgments, executions, extents, quarrel^, controverHes, trefpalTcs, damages and demands what- foever^ ARBITRATION. ^t $ focvcr, both at law and in equity, at any time or times heretofore had, made, moved, brought, com- menced, fucd, profecuted, done, fuffered, committed or depending by and between the faid parties, fo as the faid award be made in writing, on or before the — — day of now next enfuing ; but if the faid arbitrators do not make fuch their award, of and concerning the premifes, by the time aforefald, then if the faid C. D. his heirs, executors and adminiftra- tors, do and fliall, for his and their part and behalf, in all things well and truly Hand to, obey, abide, ob- ferve, perform, fulfil and keep the award, order, ar- bitrament, umpirage, final end and determination of y. K. of, i^c. a perfon indifferently named and chofen as an umpire between the faid parties, of and concerning the premifes, fo as the faid umpire do make his award and umpirage in writing, of and concerning the premifes, on or before the day of now next enfuing j then this obligation to be void, or elfe to remain In full force and virtue : And the faid C. D. doth confent and agree, that his fubmifiion to the award or umpirage above-men- tioned, fhall be made a rule of his majefty's court of King's Bench at Wejlmlnjlery purfuant to the ftatuts in fuch cafe made and provided. Sealed, ^c. In the King's Bench. E. F. of, l^c. maketh oath and faith, that he was Affidivlr of tL* prefent at the time of figning and fealing the bond ^^^'"^^ or obligation hereunto annexed ; and that C. i>, of, ^c. therein-mentioned, did duly fign, fea!, and P 4 aj; 2l6 ' ARBITRATION. as hisacl and deed deliver the faid bond, in the pre- fence of this deponent; and that the name C. D. fet and fubfcribed to the faid bond, is of the proper hand-writing of the faid C. D. and that the name E. F. fet and fubfcribed as the witnefs thereto, is of the proper hand-writing of this deponent. E. F. Sworn, iffc. In the King's Bench. Affidavit of the E. F of, i^v. maksth oath and faith, that he this due execution of , •• i r cv r^ r t makes tiont'd, George Kenyon efquire being aflbciated unto the faid chief-juftice, according to the form of the' ftatute in fuch cafe made and provided, comes the within-named A. B. by his attorney within-men- tioned, and the within-named C. D. although fo- lemnly required, comes not, but makes default ; therefore let the jurors of the jury, whereof mention is within made, be taken againlt him by his default: Antl the jurors of that jury being fummoned, alfo come, who, to fpeak the truth of the matters within contained, being chofen, tried and fworn, fay upon their oath, that the faid C. D. did undertake and promife, in manner and form as the faid A. B. hath within complained againft him ; and they alTefs the damages of the faid A. B. on oc- cafiou of the not performing the promifes and un- dertakings P0STEA3. 219 ^^ertakings within-mentioned, over and above his Cofts and charges, by him about his fuit in this be- half expended, to /. and for thofe cofts and pharges to forty (hillings : Therefore, i^c. uifterivardsy that is to fay, on the day and at the The like, whcrtj place within-contained, before the right honourable appears. Lloyd Lord Kenyo'tiy the cliief-juftice vi^ithin-men- tioned, George Kenyan efquire being aflbciated unto the faid chief-juftice, according to the form of the ftatute in fuch cafe made and provided, come as well the within-named A, B. as the within-named C. D, by their refpeftive attornies within-meii- tioned ; and the jurors of the jury, whereof men- • tion is within made, being fummoned, alfo come, yirho, to fpeak the truth of the matters within-con- (tained, being chofen, tried and fworn, fay upon their oath, ^c. Afterwards, that is to fay, on the day and at the The like, with place within-contained, before the right honourable Lloyd Lord Kenycn, the chief-juftice within-men- tioned, George Ke?jyon efquire being aflbciated unto the faid chief-juftice, according to the form of the ftatute in fuch cafe made and provided, comes the within-named A. B. by his attorney within-meo- tioned, and the within-named C. D. although fo- lemnly required, comes not, but makes default ; therefore let the jurors of the jury, whereof men- tion is within made, be taken againft him by his default : And the jurors of that jury being fum- moned, fome of them, that is to fay, E. F. &c. (here name fuch of the jurors as appeared at the trial,) a talis. 220 roSTEAS. trial,) conic and arc fworn upon that jury; and be- caufe the refidue of the jurors of the fame jury do not appear, therefore others of the by-flanders, being chofen by the fherifF of the county aforefaid, at the reque{l of the faid A. B. (or CD.) and by the qommand of the faid chief-juftice, (if in London ox Middle/ex ; if at the afTizes, '* by command of the faid julHces,") are appointed anew, whofe names are annexed to the within-written panel, ac- cording to the form of the (latute in that cafe made and provided ; which faid jurors fo appointed anew, that is to fay, G. H. &c. (naming the tnles-men) being called, likewife come, who, together with , the faid other jurors before impanelled and fworn, being chofen, tried and fworn to fpeak the truth of the matters within-contained, fay upon their oath, that the faid C D. did undertake and pro- mife, lufc. (as before). The like, at t!;c Afterwards^ that is to fay, on the day and at the pl.ice witliin-containcd, before one of the ' j'jftices, isc. and • one of the barons, ^c. juf- tices of our faid lord the king, affigned to take the aluzes in the county of , according to the form of the ftatute, b'f. The like, in the AJ^emvardsy that is to fay, at the next general "^^Ll'a^jhrT^ feffion of affize hoh'en at LancaJJer, in and for the county-palatine of Lcjicnjler within-mentioned, upon the day of in the year of the reign of his prefent majefly king George the Third, before one of the juftices of our faid lord the king, y.-. and one of the juftices of 4 our POSTEAS. 221 our find lonl the king, ^c. juftices of our faid lord the kli)g at Lancajler aforefaid, cometh the within- named A. B. by his attorney, and prayeth to be done to him what the law requireth, in order to try tne iflue within-joined between him and the within- named C. D. and whereupon by a writ of our faid lord the king, the (herifF of the faid county is com- manded, that he caufe to come before the faid juf- tices here at Lancajler^ on next to come, in the fame feflion of aflize, twelve, ^c. by whom, l£c. and who neither, life, to recognize, ^c. becaufe as well, ^c. the fame day is given to the faid parties here, ^6-. At v/hich day here, come as well the faid A. B. by his attorney aforefaid, as the faid C. D. by his attorney ; and the (herifF, to wit , now returneth before the faid juftices at Lancajlerf the faid wx'it oi venire facias to him in form aforefaid direcled, together with a panel of the name's of the jurors to the fame writ annexed, in all things ferved and executed ; and the jurors thereupon impanelled come not : therefore by another writ of the faid lord the king, the fame (herifF of the county aforefaid is commanded, that he have their bodies before the faid juftices at Lancafter^ on next to come, in the fame fefilon, i^c. At which day, to wit, on — — in the year of the reign, i^c. come here as well the faid A. B. as the faid C. D. by their re- fpeftive attornies aforefaid ; and the flierifF return- eth before the fame juftices at Lancafler^ the fame writ, in all things ferved and executed •, and there- upon the jurors impanelled and drawn by ballot, ac- cording to the form of the ftatute in fuch cafe made and provided, being called over, likewife come, who 222 POSTEAS. who to fpcak the truth of the matters within-men- tioned, being eledled, tried and fworn, on their oath fay, ^c. And hereupon the faid jufllces at Lancajler aforefaid, have prefixed to the faid parties, next to come, to be before the faid lord the king, to hear judgment, Isc. The like, in the Afterivards. that Is to fay, at the fefTion of Chefter. county-palatine •> ' ■' J ' ^iCiujicr. held at CheJIer in the coanty of Chejler^ in the com- mon-hall of pleas of the faid county, upon the ■ ■■- day of in the year of the reign of our fovereign lord George the Third, by the grace of God, of Great Britain^ France^ and Ireland king, defender of the faith, ISc, before the hono\irablc James Mansjieldy the faid lord the king's chief-juf- tice of CheJIer^ and Francis Burton efquire, the faid lord the king's other juftice of the faid county, being the next fefhon for the faid county after the within- written record was delivered to the faid juftices here comes the within-named A. B. by his attorney, and prays a writ of the faid lord the king of caufing to come before the faid juftices, upon — — - in this fame fefllon, twelve, l^c. by whom, ^r. and who neither, i^c. to recognize, l^c. becaufe as well, ^c. the fame day is given to the parties afore- faid here, (Jc. upon which fame , before the fame juftices here, come as well the faid A. B. by his attorney, as the within-named C. D. by - his attorney ; and — — efquire, fherifF of the faid county, doth now return here the faid writ of caufing to come, to him in form aforefaid directed, t(igether with a panel of the jurors' names to that writ annexed, in every thing ferved and executed ; and roSTEAS. 223' and the jurors thereupon Impaneiled, being required, none of them came ; therefore that jury was refpited until next in this feffion, for defeat of jurors, Kjfc. Therefore It is commanded to the flieriff of the faid county, that he then have the bodies of the jurors aforefaid, ^c, the fame day is given as well to the faid J. B. as to the faid C. D. here, iffc, upon which , before the fame juHices here, come as well the faid j4. B. by his faid attorney, as the faid C. D. by his faid attorney ; and the faid fherlff now returns here- the faid writ of having the bodies of the jurors aforefaid, to him in form afore- faid direded, together with a panel of the jurors' names to that writ annexed, in every thing ferved and executed ; and the jurors thereupon impanelled, being required, that Is to fay, E. F., G. H,y &:c. &c. do come, and being chofen by ballot and fv/orn, ac- cording to the form of the ftatute In that cafe made and provided, upon their oaths fay, isfc. Therefore the faid juftices prefix to the faid parties, to be be- fore the king himfelf at TVeJlinlnJlcrf on , tlien and there to hear judgment. Afterivardsy at the court of our lord the king of The like, in the Vorimote of the city of Chejlc;\ held at the fame city, in the common-hall of pleas there, according to the ufe and cuftom of the fame city hitherto ob- tained and ufed, from time whereof the memory of man is not to the contrary, upon — — the day of in the year of the reign of the fam.e lord the king, before efquire, mayor of the faid city of Chefiery being the next court of Port- mote after this writ was delivered, here cometh the 7 faid 224 FOSTEAS. {■/{<] A. B. by his attorney, and prays the falJ lovd tlie king's writ, to the (licrifFof the faid city of Chificr to be directed, to caufe to" come before the faid mayor, twelve free and Liwful men of the faid city, to try the faid ifTue ; and it is granted unto him, returnable here at the next court of Fortmote of the faid city of CheJJer, at the faid city in the faid common-hall of pleas, before the m 'yor of the faid city for the time being, to be held by adjournment upon the day of in the fame year : At which next court of Fortmote of the f lid city of CheJleKy held at the fame city, in the faid common- hall, upon the faid day of in the fame year, before the fame mayor of the faid city here come as well the faid A. B. by his faid at- torney, as the faid C. D. by his attorney ; and and , {heriffs of the faid city of Chejier^ now return the faid writ of 'ueiilre facias^ to them in form aforefaid direcled, together with a panel of the juror's' names to that writ .nnexed, in every thing ferved and executed ; and the jurors thereupon im- panelled being called, to wit, ii. F.y G. H.y Sec. &C. do come, who, to fay the truth of the premifes being chofen, tried and fworn, fay upon their oath, tyc. And hereupon the faid efquire, mayor of the faid city of Chejler^ prefixes ■ next after for the parties aforefaid to be before the king himfelf at IFfJIminJier, then and there to hear judg- ment. The like, on Say upon their oath, that the faid C. D. did un- o^'^"fevera/ dcttake and nromife, in manner and form as the faid defendants, ^^ jg^ j^^^i^ within comphincd againft him j and they where another * » has let judgment allelS go b^' default. PbSTEAS, 22$ aflefs the damages of the faid A. B. on dccafion of the not performing the within-mentioned promifes and undertakings, as well againfl: the faid C. D. as againft the within-named E. F. over and above the cofts and charges of the faid J. B^ by him about his fuit in this behalf expended, to / and for thofe cofts and charges to 40 s. : Therefore, ^c. Say upon their oath, that the faid C. D. did The like, ois xvithm fix years next before the day or exhibitmg the infra Jex annes> bill (or by original, of fuing out the original writ) of the faid ^. B. againft the faid C. D. in this caufe, undertake and promife, in manner and form as the faid ^. B. hath within complained againft him j and they aflefs the damages, ^c, (as before, p. 218 — 19). Say upon their oath, that the within-named The like agamfl E. F. in his life-time did undertake and promife, in „,„ 'aj}]m°tfit ly manner and form as the faid A. B. hath within ^^* teft^cor. in that behalf alledged ; and they aflefs the da- mages, i^c. Say upon their oath, that the faid C. D. on the The like, on day of exhibiting the within bill of the faid A. B. ^-"^ '"'"^ (or by original, of fuing out the original writ of the faid A. B. in this behalf,) had divers goods and chattels, which were of the within-named E. F. at the time of his death, in the hands of him the faid C. D. as executor of the laft will and teftament of the faid E. F. to be adminlftered, to the value of . /. as the faid J. B. hath within in that behalf alledged ; and they afl'efs the damages, ^c. Q^ Say fj5 POSTEAS. The like, on nil Say iipoti their oath, that the faid C. D. doth ' *'' owe to the faid y^. B. the within-rr.entioned fum of . /. in manner and form as the faid ^. B. hath within in that behalf alledged j and they aflefs the damages of the faid A. B.'on occafion of the detain- ing the within debt, over and above his cofts and charges by him about his fuit in this behalf expended, to I J. and for thofe cofts and charges to 40 s. : Therefore, ^c. The like, on Say upon their oath, that the within-mentioned non eji faStum. .. . ijri./--./^T^ wntmg obligatory is the deed 01 the laid C. D. as the faid A. B. hath within in that behalf alledged; and they alTcfs the damages, Ssfr. (as in the laft). The like, on , Say upon their oath, that the faid C. D. did not f:lv;t ud diem. ir-i^ni -i- pay to the faid A. B. the within-mentioned fum of • /. or any part thereof, on the day of - — — , in the condition of the within writing obliga- tory mentioned, according to the form and efFe£l 9f the faid condition, in manner and form as the faid C. D. hath within in that behalf alledged ; and they aflefs the damages, ^r. e, II. The like on an Say upon their oath, that the faid C. D. did not where damages' indemnify, ^f. but wholly refufed and neglefted Tj!%l^^w.nL ^" ^° *^^» contrary to the tenor and efFeft of the condition of the within-mentioned writing obligatory, in manner and form as the faid A. B. hath within in that behalf alledged ; and they aflefs the damages of the faid A. B. on occafion of the detaining the within debt, over and above his cofts and charges by him about his fuit in this behalf expended, to I So POSTEAS. 227 i J", and for thofe cofts and charges to 40 s. ; and they alfo aflefs the damages of the faid A. B. on oc- cafion of the breach of the faid condition within afllgned, according to the form of the ftatute in that cafe made and provided, to /. : Therefore, (5*r. — as to the fum of : /. in the - ■■■- count of the The like on a within declaration mentioned, parcel of the fum of whe^re p^an ?s /. within demanded, upon their oath fay, that d°J"„da°;/^*" the faid C. D. doth owe the faid fum of /. to our faid lord the king and the faid A. B. who fues as aforefaid, in manner and form as the faid A. B. who fues as aforefaid hath within complained againft him ; and they affefs the cofts and charges of the faid A, B who fues as aforefaid, by him about his fuit in this behalf expended, to 40/; And as to the refidue of the faid fum of /. in the other counts of the within declaration mentioned, the jurors aforefaid upon their oath aforefaid fay, that the faid C. D. doth not owe the fame or any part thereof to our faid lord the king and the faid A. B. who fues as aforefaid, as the faid C. D. hath within in that behalf alledged : Therefore, i^c. Say upon their oath, that the faid C. D. is guilty The like, on of the premifes within laid to his charge, in manner cafe!**' ^' "^ and form as the faid A, B. hath within complained againft him ; and they aflefs the damages of the faid A. B. on occafion thereof, over and above his cofts and charges by him about his fuit in this behalf ex- pended, to /, and for thofe cofts and charges to 40 s. : Therefore, Is'c. i i. • confefling )e,:fe, lorc, come, who to fpeak the truth ot the matters withm drawn, contained, were chofen tried and fworn ; whereupon for certain caufes, moving as well the faid chicf- juftice (or ju{lices)as the within-named plaintiff and defendant, E. F. one of the jurors of the faid jury, is withdrawn from the panel thereof; and the refidue of the jurors of that jury are altogether difcharged from giving any verdi£t of and upon the premifes within-mentioned, i^c. — and the jurors of that jury being fummoned alfo Poflea for the come, who to fpeak the truth of the matters within nonf^ic^' contained, were chofen tried and fworn ; and after evidence being given to them thereupon, they went from the bar of this court, to confider of their verdi£i: to be given of and upon the premifes j and after the faid jury had confidered thereof, and agreed among themfelves, they returned to the faid bar, to give their verdift in this behalf; upon which the faid A. B, being folemnly called, comes not, nor does he fur- ther profecute his bill (or writ) againft; the faid C. D,\ Therefore, i2?c, a Say upon therr oath, that the faid C. D. did not The like, on a undertake or promife, in manner and form as the "aLLpfiT "'"" faid A. B. hath within complained againft him : Therefore, l^c, Q.4 Say 232 POSTEAS. Ths like, where Say upon their oath, that the faid C. D. did not had kt^judgment undertake or promife, in manner and form as the go by default. ^^[^ j^ ^^ ]y^{\^ within complained againft him ; and hereupon the faid jurors are difcharged from inquir- ing againft the within-named E. F. what damages the faid ^. B. hath fuftained by reafon of the pre- mifes within-mentioned : Therefore, ^c. The like, on a plea of fet-oft'. Say upon their oath, that the faid Jt. B. was and is indebted to the faid C. D. in manner and form as the faid C. D. hath within in pleading alledged : Therefore, i^c. The like for an g^y upon their oath, that the within-named executor, on Ht/« ' *^ , t • affumpfit by the E. F. in his life-tmie did not undertake or promife, in teftaior. manner and form as the faid A. B. hath within in that behalf alledged : Therefore, ^r. The like, on/)/t«e fidm'inlfiravit. Say upon their oath, that the faid C, D. on tlie day of exhibiting the within bill of the faid j^. B. (or by original, of fuing out the original writ of the faid A. B. in this behalf,) had not any goods or chattels, which were of the within-named E. F. at the time of his death, in the hands of him the faid C. D. as executor of the laft will and teftament of the faid E. F. to be adminiftered, as the faid C. Z), liath within in pleading alledged : Therefore, ^c. The like, on }iil ii'Jjtt. Say upon their oath, that the faid C. D. doth not owe to the faid A. B. the within-mentioned fum of /. or any part thereof, as the faid A. B. hath within in that behalf alledged : There- fore, i^fi.: Say tOSTEAS. 1233 Say upon their oath, that the wlthln-mentlcned The like, on ■writing obHgatory is not the deed of the faid CD. as the faid j4. B, hath within in that behalf alledged ; Therefore, ^c. — as to the firfl iflue within joined between the The like on the parties aforefaid, upon their oath fay, that the within- ^^^^^^ the"tm- mentioned writing obHgatory is the deed of the faid ^'ff »" «»« 'ft C. D. as the faid A. B. hath within in that behalf alledged : And as to the laft iflue within joined be- tween the parties aforefaid, the jurors aforefaid upon their oath aforefaid fay, that it was corruptly and againft the form of the ftatute, ^c. agreed between the faid A. B. and the faid C. D. in manner and form as the faid C. D. hath within in pleading alledged : Therefore, ^f. Say upon their oath, that the faid CD. is not Theiike, on not guilty of the premifes within laid to his charge, in ^ manner and form as the faid A. B. hath within complained againft him : Therefore, ^c. — as to the firfl: liTue within joined between the par- The like in re, ties aforefaid, upon their oath fay, that the faid A.B. veranffues/~ held and enjoyed the withln-mentloned meflhage or dwelllng-houfe and premifes with the appurtenances, as tenant thereof to the faid C D. by virtue of the within-mentioned demlfe, as the faid C. D. hath within in that behalf in pleading alledged : And as to the lafl: iflue within joined between the parties aforefaid, the jurors aforefaid upon their oath afore- faid fay, that at the time in that behalf within-men- tioned, the rent within-fpecified was in arrear and unpaid 234 POSTEAS. unpaid from the faid A. B. to the faid C. D. as the faid C. D. h^th within in that heh;ilf in pleading alledged : Therefore, ^c. The like on the (As in the laft, to the end of the finding upcn the c.'?. '^ '"^' ' iffues, and then as fbiiows :) And the jurors afore- faid, at the prayer of the faid C. D. according to the form of the ftatute in fuch cafe made and provided, having proceeded to inquire concerning the fum of the arrears of the rent within-fpecified, and the value of the goods and chattels diftrained, upon their oath aforefaid fay, that the fum of fuch arrears was /. and that the goods and chattels diftrained were of the value of /. : Therefore, ^c. The like, on not Say upon their oath, that the faid C. D. is not guilty/mtrefpafs. ^^jj^.^ ^^ ^^^ ^^^^^^^ trefpalTcs within laid to his charge, in manner and form as the faid A. B. hath within complained againft him : Therefore, is'c. The like, In Say upon tlieir oath, that the within-named C. D. ejeament. j^ ^^^ guilty of the trefpafs and ejedment within laid to his charge, in manner and form as the faid A. B. hath within complained againft him : Therefore, r'Mtniiiiit'~""' SPECIAL VERDICT, 235 jiftevivardsy that is to fay, on the day and at the Special verdia place within-contained, ^c. (as in a common pojlea^ to the finding of the jury, which varies according to the fa6ls of the cafe, and conclude as follows:)— But whether or not upon the whole matter afore- i^iid, by the jurors aforefaid in form aforefaid found, the faid C D. is guilty of the trefpafs and ejeclment ■within-fpecified, the jurors aforefaid are altogether ignorant ; and thereupon they pray the advice of the court of our faid lord the king, before the king him- felf : And if upon the whole matter aforefaid, it fhall feem to the faid court, that the faid C. D, is guilty of the trefpafs and ejectment aforefaid, then the jurors aforefaid upon their oath aforefaid fay, that the faid C D. is guilty thereof, in manner and form as the faid John Doe hath within thereof complained againft him ; and in that c;ife, they aflefs the damages of the ■ faid John Doe on occafion of the trefpaft and ejecSl- ment aforefaid, befides his cods and charges by him about his fuit in that behalf expended, to /. and for thofe cofts and charges to s. But if upon the whole matter aforefaid, it fhall feem to the faid court, that the faid C. D. is not guilty of the trefpafs and ejectment aforefaid, then the jurors aforefaid upon their oath aforefaid fay, that the faid C. D. is not guilty thereof, in manner and form as he hath within in pleading alledged. And becaufe, , bfc. -avwaOK^BilBVa 236 DEMURRERS TO EVIDENCE. Demurrer to eci- Aftcvwards^ that Is to fay, on the day and at the fendant,' where place within-containcd, bcforc one of the juflices InLltrcS -''' °^ ^"'^ ^^^^ ^^"^^ ^^^ ^^"g' afTigned to hold pleas in the tionaliy. court of our faid lord the king before the king him- felf, and one of the barons of our faid lord the king, of his court of Exchequer at Wejlminjler^ and others their fellows, juftices of our faid lord the king, afligned to take the afTizes in and for the county of • , according to the form of the ftatute in fuch cafe made and provided, come as well the within- named A. B. as the within-named C. D. by their re- ^e£live attornies within-mentioned : and the jurors of the jury whereof mention is within made, being fummoned, alfo come, and being chofen tried and fworn to fay the truth of the matters within-con- tained, the faid A. B. to prove and maintain the iflue within joined on his part, fhews in evidence to the jury aforefaid, by E. F. a witnefs duly fworn in that behalf, that, ^c. (here flate the evidence on the part of the plaintiff:) And the faid C. D. fays, that the aforefaid matters to the jurors aforefaid in form aforefaid fhewn in evidence by the faid A. B. ate not fufficient in law to maintain the faid iflue within joined on the part of the faid A. B., and that he the faid C. D. to the matters aforefaid, in form aforefaid fhewn in evidence, hath no neceflity, nor is he obliged by the law of the land to anfwer ; and this he is ready to verify, wherefore for want of fufficient matter in that behalf, fliewn in evidence to the jury aforefaid, the faid C. D. prays judgment, and that the jury aforefaid may be difcharged from giving any verdi£l upon the faid iflue, and that the faid A. B. may be barred from having his faid adion againft the faid €. D. &c. And DEMURRERS TO EVIDENCE. 237 And the fald A. B. for that he hath (hewn in Joinder m de- evidence to the laid jurors, lulncient matter in maintenance of the faid ifTue, which matter the faid C. D. doth not deny, nor in any manner an- fwer thereto, prays judgment, and his damages by reafon of the premifes to be adjudged to him, i^c. Whereupon it is told to the jurors aforefaid, that they fhall inquire what damages the faid A. B. has fuflained, as well by reafon of the matter fhewn in evidence as aforefaid, as for his cofts and charges by him about his fuit in this behalf expended, in cafe it fhall happen that judgment fliall be given upon the evidence aforefaid for the faid A. B. And the jurors aforefaid upon their oath aforefaid thereupon fay, that if it (hall happen that judgment fhall be given for the faid A. B. upon the evidence aforefaid, then they affefs the damages of the faid A. B. by him fuftained by reafon of the matter fhewn in evidence as aforefaid, befides his cofts and charges by him about his fuIt in this behalf ex- pended, to /. and for thofe cofts and charges to s. And thereupon the faid jurors, by the aflent of the faid parties, are difcharged from giving any further verdidl upon the premifes. Afterwards f that is to fay, on the day and at the The like, by the , • 1 • • 1 cj / • 1 1 n • plaintiff, where place witlun-contamed, Z5c. (as in the lalt, mutatis the jury aie dif- mutandisy to the prayer at the end of the demurrer, '^^^''e^'^* which is as follows:) prays judgment, and that the jury aforefaid may be difcharged from giving any verdidl upon the faid iffue, and that his damages by reafon of the premifes within -mentioned may be adjudged to him, i^c. And jjaS fclLL OF EXCEPTIONS. Joinder in de. And thc faid CD. for that he hath fliewn m minrcr. evidence to the jury aforefaid, fufficient matter to maintain the faid iflue within joined, on the part of the faid C. D. and which he is ready to verify j and forafmuch as the faid J. B. doth not deny, nor in any manner anfwer the faid matter, prays judgment, and that the faid A. B. may be barred from having his aforefaid adion againil him, and that the jury aforcfaid may be dii'charged from giving their ver- di£l upon the faid iflue, i^c. : Wherefore let the jury aforcfaid be difcliargcd by the court here, by thc affent of the parties, from giving any verdidl there- upon. Eiliofexcep- towit. Be it rememheredy that in the term *•*""• of in the year of the reign of our fove- reign lord George the Third, now king of Great Bri- faitty and fo forth, came A. B. by his attorney^ into the court of our faid lord the king before the king himfelf at Wejlmmjlerf and impleaded C. D. in a certain plea of trefpafs on the cafe upon pro- mifes ; on Vv'hich the faid A. B. declared againft him, that, i^c. (fet out the declaration and other plead- ings, and then proceed as follows :) And thereupon iflue was joined between the faid A. B. and the faid C. D. And afterwards, to wit, at the fittings of n'lft prius held at the Guildhall of the city of Lon- don aforefaid, in and for the faid city, on the ___ day of in the year of the reign of Our faid lord the king, before the right honourable Llo^d Lord Kenyonj chief-juftice of our faid lord the 3 king, BILL OF EXCEPTIONS. 239 king, afligned to hold pleas in the court of our faid lord the king before the king himfelf, George Kenyan efquire being nflbciated unto the faid chief-juftice, accordinjr to the form of the ftatute in fucli cafe made and provided, the aforefaid ifTue fo joined between the faid parties as aforefaid, came on to be tried by a jury of the city of London aforefaid, for that purpofe duly impanelled, that is to fay, E. F, of, if^c. and G. H. of, ^c. good and lawful men of the faid city oi London : At which day came there as well the faid ^. B. as the find C D. by their refpec- tive attornies aforefaid; and the jurors of the jury aforefaid, impanelled to try the faid iflue, being called, alfo came, and were then and there in due manner chofen and fworn to try the fame ifTue ; and upon the trial of that iflue, the counfel learned in the law for the faid A. B. to maintain and prove the faid iflue on his part, gave in evidence that, i^c. (here fet out the evidence on the part of the plain- tiff, and afterwards that on the part of the defend- •^ant, and then proceed as follows :) Wiiereupon the faid counfel for the faid C. D. did then and there inflfl before the faid chief-juftice, on the behalf of the faid C. D. that the faid feveral matters fo pro- duced and given in evidence on the part of the faid C. D. as aforefaid, were fufficient, and ought to be admitted and allowed as decifive evidence, to entitle the faid CD. to a verditl, and to bar the faid A. B. of his aftion aforefaid ; and the faid counfel for the faid C, D. did then and there pray the faid chief- juftice, to admit and allow^ the faid matters fo pro- duced and given in evidence for the faid C. D. to be conclufive evidence in favour of the faid C. D. to entitle 240 BIM. OF EXCEPTIONS. entitle him to a verdi£l in this caufe, an(d to bar the faid A. B. of his a£lion aforefaid : But to this the counfel learned in the law of the f;iid A. B. did then and there infift before the faid chief-juftice, that the fame were not fufficient, nor ought to be admitted or allowed to entitle the faid C. D. to a verdifl:, or to bar the faid A. B. of his a£l:ion aforefaid ; and the faid chief-juftice did then and there declare and deliver his opinion to the jury aforefaid, that the faid feveral matters fo produced and given in evi- dence on the part of the faid CD. were not fufficient to bar the faid A. B. of his action aforefaid, and with that direction left the fame to the faid juryj and the jury aforefaid then and there gave their ver- di£l for the faid A. B. and /. damages ; where- upon the faid counfel for the faid C. D. did then and there, on the behalf of the faid C. D. except to the aforefaid opinion of the faid chief-juftice, and infifted on the faid feveral matters as an abfolute bar to the faid a£lion : And inafmuch as the faid feveral matters fo produced and given in evidence on the part of the faid C. D. and by his counfel aforefaid obje£led and infifted on as a bar to the a£lion aforefaid, do not appear by the record of the verdi£l: aforefaid, the faid counfel for the faid C D. did then and there propofe their aforefaid exception to the opinion of the faid chief-juftice, and requefted him to put his feal to this bill of exceptions, con- taining the faid feveral matters fo produced and given m evidence on the part of the faid C. D. as aforefaid, according to the form of the ftatute in fuch cafe made and provided ; and thereupoh the faid chief-juftice, at the requeft of the faid counfel for the faid C. £>. 14 ' did TAXING COSTS, &C. 54' did put his feal to this bill of exceptions, purfuant to the aforefaid ftatute in fuch cafe made and provided, on the faid day of in the year of the reign of his prefent majefty. J. B. 1 it 13 ordered, that the attorney for the — - — R"l« to te pre- / ■« «• /• '^"^ ^^ taxing V. >• (hall give notice to Mr. attorney for coils. C. D. J the of the time of taxing cofts be- tween the parties, that he may be prefent if he thinks fit. A.B. plaintiff; In the King's Bench. ^ and C. D. defendant. E.F. of, $s*r. gentleman, attorney for the above- Affidavit of in- named plamtiff, and A. B. of, NIL DICIT. 245 lord the now king, by the oath of twelve good and lawful men of his bailiwick ; by which it is found, that the faid A. B. hath fuftained damages by means of the premifes to / over and above his cofts and charges by him about his fuit in this behalf ex- pended, and for thofe colts and charges to /, Therefore it is confidered, that the faid A. B. do re- Judgment figned cover againfl: the faid C. D. his damages aforefaid, by -iTTyj -V the (^lid inquifition above found, and alfo for his faid colls and charges, by the court of our faid lord the king now here adjudged of increafe to the faid A. B and with his aflent ; which faid damages cofts and charges in the whole amount to /. And the faid C D. in mercy, ^c. Mercy. (Entry of warrants of attorney, as before.) TU like, of a to wit. Be it retnemhred, that in term Jitran' imparl laft; paft, before our lord the king at WeJlminJIefy came A. B. by E. F. his attorney, and brought into the court of our fiiid lord the king before the king himfelf then there, his certain bill againft C D, being In the cuftody of the marflial of the marlhalfea of our faid lord the king before the king himfelf, of a plea of trefpafs on the cafe upon promifes ; and there are pledges for the profecution thereof, to wit, John Doe and Richard Roe; which faid bill follows in thefe words, that is to fay : to wit. (Here copy the declaration to the end, omitting the pledges, and proceed on a new line as follows :) And now at this day, that is to fay, on • next after in this fame term, until which day the faid C D. had leave to imparl to the faid bill, and then KQ anfwer the fame, ifc. before our faid lord the R 3 king ance. 24(5 JUDGMElJTs/or the PLAlNTlFJf king at Wejlmwfery come as well the faid A. B. by his attorney aforefaid, as the faid C. D. in his proper perfon (or by G. H. his attorney; ; and the faid C. D. defends the wrong and injury when, ^c. and fays nothing in bar or preclufion, ijfc. (as before). The like, by (Entry of warrants of attorney, as before). '"'"'"^ ■ to wit. C. D. was attached to anfwer A. B. tifc. (here copy the declaration verbatim, and proceed on a new line as follows :) And the faid C. D. in his proper perfon (or by G. H. his attorney), comes and defends the wrong and injury when, Isfc. and fays nothing in bar or preclufion, if^c. (as before, making the writ of in- quiry returnable on a general return-day). The like, where And the faid C. D. In his proper pe=rfon, comes fendants died ^^^^ defends the wrong and injury when, tfc. and after deckration j|^g f^-^ ^_ jp^ ^^^^^^ j^^. . ^^^^ hercupon the faid and before inter- '^ locutoryjuds- A. B. givcs the court of our lord the king now here ment. to underfland and be informed, that after the ilTuing of the original writ in this caufe, and after the lad continuance of the plea aforefaid, and before this day, to Vvlt, on, ii:'c. the faid E. F. died, to wir, at, '^c. and the faid C. D. there furvived him ; which the faid C. D. doth not deny : And the faid C. D. fays nothing in bar or preclufion, ^f. (as before). The like, and And the faid C. D. in his proper perfon, comes award of inquiry j j r i , ... , c^ . into a county- ^nd deiends the wrong and mjury when, ert-. and paatme. ^^^^ nothing in bar or preclufion of the faid a£lion of th6 faid A. B. whereby the faid A, B. remains ^* therein by NIL DIGIT. 247 therein undefended againft the faid C. D. where- fore the faid A. B, ought to recover againft the faid CD. his damages on occafion of the premifes: But becaufe it is unknown to the court of our faid lord the king now here, what damages the faid A. B. hath fuftained by means of the premifes aforefaid ; it is commanded to the chancellor of the faid county-palatine of Lancajlery that by the writ of our faid lord the king, under the feal of the faid county- palatine to be duly made, and diredled to the fherifF of the faid county-palatine, he command the faid fherifF, that by the oath of twelve good and lawful men of his bailiwick, he diligently inquire what damages the faid A. B. hath fuftained, as well by- means of the premifes, as for his cofts and charges by him about his fuit in this behalf expended ; and that the inquifition which the faid fherifF fhall there- upon take, he make known to the faid chancellor, under his feal, and the feals of thofe by whofe oath he fhall tnke that inquifition, together with the names of the perfons by whofe oath he fliall take the fame •, fo that the faid chancellor may certify the fame to our faid lord the king at WeJIminJIery on next after , together with the name of the faid fheriiF, and the writ of our faid lord the king to the faid chancellor in tliat behalf direfted ; the fame day is given to the faid A. B. at the fame place : At which day, before our faid lord the king at Wejlmiiifter, comes the faid A. B. by his faid at- torney ; and the faid chancellor now here certifies a certain inquifition indented, taken before the faid fherifF, at • in the faid county, on the ■■ day cf iu the year of the reign of pur faid R4 lord 24^ JUDGMENTSyor the PLAINTIFF lord the now king, by the oath of twelve good and lawful men of tlie faid {herifF's bailiwick j by which it is found, ^c. (as before, p. 245.) The like, with a (As bcforc, p. 243, ^c. to the end of the (herifF's, ''oUhiZmz^VC ^^turn on the writ of inquiry, and tlien as follows:) aCur the letum j^^^^ hereupon the faid A. B. fr. eiv here in court of the inquiry. _ ' ' _ ' remits to the faid C. D. the lum of /. parcel of the damages colts and charges aforefuid, by the faid inquifition in form aforefaid fouwu , and prays judgment for the refidue of thi fe damages cofts and charges, together with his further cofts and charges by him about his fuit in that behalf ex- Takmentfigned, pended : Therefore it is cotifidered, that the faid ^^' A. B. do recover again ft the faid C. D.. the fum of /. refidue of the damages cofts and charges aforefaid, by the faid inquifition above found, and alfo /. for his further cofts and charges afore^ faid, by the court of our faid lord the king now here adjudged of increafe to the faid A. B. and "with his afient j which faid refidue of the damage^ cofts and charges by the faid inquifition above found, together with the faid further cofts and char<^es fo adjudged of increafe, amount in the whole to /. Mercy. "^"^ ^^^^ ^'^''^ ^' ■^' "^ "lercy, {3'c. And let the faid C. D. be acquitted of the faid fum of /. parcel, bfc. fo remitted by the fa^d A. B. as aforefaid, ^c Tne like, with a ( To the end of the av/ard of the inquiry, and then fuggdtion of the OS follows:) At which dav, before our faid lord the deith or one of ' ■* ' the plaintiffs, at king at Weflm'mjier^ Comes the faid A. B. by his at- the re'urn of the ^ . . iin-n-r /ir inquiry. torney aforefaid; and the Iherift, C5^r. (as betoreg p. 244, 5, to the end of the inquifition ;) and the faid 9 * E.F. hy NIL DIGIT, a^^ E. F. at the fame day, being folcmnly demanded, comes not : And hereupon the faid A. B. gives the court of our faid lord the king nowhere to underftand and be informed, that fnice the hid continuance of this plea, and before this d;iy, to wit, on, ^'c. the faid E. F. died, to wit, at, ^c. and the f lid A. B. there furvived him ; and becaufo this is not denied, therefore let no further proceedings be had at the fuit of the faid -£". F, ; and upon this the faid A. B, prays judgment againft the faid C. D. for the da- mages cofts and charges aforefald : Therefore it is confidered, i^f. (as before, p. 245.) And the faid CD. in his proper perfon, comes Thsiiki, againft 1 1 r , 1 1 • • -L e_5 I '" executor or and detends the wrong and xnjury when, Ks^c. and adminiibator. fays nothing in bar or preclufion, ^f. (as before, p. 244, 5, to the final judgment, which is as follows :) Therefore it is confidercd, that the faid. A. B. do Judgment recover againft the faid C. D. executor (or admini- '" ' ftrator) as aforefaid, his damages aforef^\id by the faid inquifition above found, and alfo /. for his faid cofts and charges, by the court of our faid lord the king now here adjudged of increafe to the faid A. B. and with his aflent ; which faid damages cofts and charges in the whole amount to /. to be levied of the goods and chattels which were of the faid E.F. at the time of his death, in the hands of the faid C. D. as executor (or adminlftra- tor) as aforefaid to be adminiftered, if he hath fo much thereof in his hands to be adminiftered, and If he hath not fo much thereof in his hands to be adminiftered, then /. parcel of the damages aforefaid, 250 JUDGMENTS_/or the PLAIXTirir aforefaid, being for the cofls and charges aforefaiJ, to be levied of the proper goods and chattels of the W"^y- faid C. D. And the faid C. D. in mercy, ^c. The like, w! ere And the faid C. D. in his proper pcrfon, comes the damages arc - , , . affeHed oy the and defends the wrong and injury when, ^c. and fnys nothing in bar or preclufion of the faid adlion of the faid A. B. whereby the faid A. B. remains therein undefended againfl the faid C. D. where- fore the faid A. B. ought to recover againfl the faid C. D. his damages on occafion of the premifes : And hereupon the faid A. B. freely here in court remits to the faid C. D. all damages fuilained by him the faid A. B. 'on occafion of the not perform- ing the feveral promifes and undertakings in the Lift counts of the faid declaration mentioned ; and he prays judgment, and his damages by him fuftained on occafion of the not performing of the faid promife and undertaking in the faid firfl count mentioned, to be adjudged to him, ^c. Andbecaufe it is fuggefted and proved, and manifeftly appears to the court here, that the faid A, B. liath fuflained damages on occafion of the not performing of the faid laft- mentioned promife and undertaking, to the fum of ■• /. befides his cods and charges by liini Judgment about his fuit in this behalf expended : Therefore ^'"^ ' "^ ' it is confidered, that the faid A. B. do recover againfl the faid C D. his damages aforefaid, to the faid fum of /. and alfo /. for his faid cofts and charges, by the court of our faid lord the king now here adjudged to tlie faid A. B, and with his aflent ; which faid damages cofls and charges in the /y NIL DIGIT. 251 tlie whole amount to /. And the faid CD. Mercy. in mercy, iffc. And let the faid C. D. be acquitted of the damages fo remitted as afovcfaid, i^c. As yet of — — term, ^C. Judgment by nil dick in debt oil a i ■ to v;it. A. B. puts in his place E, F. his mutuatui by bill, attorney, agamic C. i>>. m a plea or debt. with the dedara- • to wit. Tlie faid C. D. In perfon, (or if he appeared by attorney ; " The faid C. D. puts in his place G. H. his attorney,") at the fuit of the faid A. B, in the plea aforefaid. ■ to \A'it. Be it remembered^ that on tion. next after in this fame term, before our lord the king at Wejimmjler, comes A. B. by E. F. his attorney, and brings into the court of our faid lord the king before the king himfelf now here, his certain bill againft C. D. being In the cuftody of the marflial of the marlhalfea of our faid lord the king before the king himfelf, of a plea of debt ; and there are pledges for the profecutlon thereof,'to wit, John Doe and Richard Roe ; which faid bill follows in thefe words, that is to fay : to wit. A. B. complains of C. D. being in the cuftody of the marflial of the marflialfea of our lord the now king before the king himfelf, of a plea that he render to the faid A. B. the fum of /. of law- ful money of Great Britain, which he owes to and unjullly detains from him ; for that whereas the faid C. D. on the day of in the year of our Lord 1 79 - > at , had borrowed of the faid A. B, the faid fum of /. above demanded, to be paid to the faid A. B. when he the faid C, D, fliould be thereto 2;2 JUDGMENTS /&/• the PLAlNTirr thereto afterwards requefled : Yet the faid C. D. (although often requefted, k^c.) hath not as yet paid the faid fum of /. above demanded, or any part thereof to the faid A. B. but to pay the fame or any part thereof to the faid A. B. he the faid C. D. hath hitherto wholly refufed, and ftill doth re- fufe ; to the damage of the faid A. B. of lo/. and therefore he brings his fait, l^c. And the faid C D. in his proper perfon (or by G. H. liis attorney), comes and defends the v/rong and injury when, ^c. and fays nothing in bar or preclufion of the faid adion of the faid A. B. whereby the faid A. B. remains therein undefended againft Judgment the Lud C. D. Therefore it is confidered, that the: faid A. B. do reeover againlt the faid C. D. his faid debt, and alfo s. for his damages which he hath fuftained, as well on occafion of the detaining the faid debt, as for his cofts and charges by him about his fuit in this behalf expended, by the court of our faid lord the king now here adjudged to the faid A. B. and with his afient : And the faid C. D, llctcj. in mercy, ^c. The like, in debt (Entry of warrants of attorney and memorandum as in the lad ; declaration as foUoM's :) — — to wit. A. B. complains of C. D. being in the cuilody of the marfhal of the marfhalfea of our lord the now king before the king hlmfelf, of a plea that he render to the faid A. B. the fum of — /. of good and lawful money of Great Britain, which he owes to and unjuftly detains from him j for that whereas the faid C. D. on the ^ day of • ill the year of cur Lord 179-, at ,— — , by his certain h^ NIL DICIT. ' 253 certain writing obligatory fcalcd with tlie feal of the faid C. D. and now fhewn to the court of our faid lord the king before the king himfelf here, the date whereof is the fame day and year aforefaid, acknow- ledged himfelf to be held and firmly bound unto the faid A. B. in the faid fum of /. above de- manded, to be paid to the faid yl. B. when he the faid C. D. fliould be thereto afterwards requeued : Yet the faid C. D. (although often requefted, i^c.) hath not as yet paid the faid fum of /. above demanded, or any part thereof, to the faid A. B. but to pay the fame or any part thereof to the faid A. Bi he the f^iid C D. hath hitherto wholly refufed, and ftill doth refufe ; to the damage of the faid A. B. of /. and therefore he brings his fuit, t^c. And the faid C. D. in his proper perfon, (or by G. H. his attorney,) comes and defends the wrong and injury when, cfV. and fays nothing in bar or preclufion, ^c. (as in the laft). And the faid C. D. in his proper perfon, comes The like, nnd and defends the wrong and injury when, £s*r. and breaches°"&c. fays nothing in bar or preclufion of the faid action oV^^,^/^;rf of the faid ^. 5. whereby the faid A.B. remains c. ii.§8. therein undefended again ft the faid C. D. wherefore the faid A. B. ought to recover againft the faid C. D. his faid debt, together with his damages by him fuitained on occafion of the detention thereof, ^c. And hereupon the faid A. B. according to the form of the ftatute in fuch cafe made and provided, fays that the faid writing obligatory, whereon the faid judgment was fo recovered agaiaft the faid C. D. as aforefaid, was made and given by him the faid C. D. under jr^ JUDGlMENTSj^r the PLAINTIFF under and fubjeft to a certain condition thereto fub- fcribed, whereby, after reciting, ^c. (dating the recital, if any, preceding the condition of the bond,) it was declared that if, ^c. (reciting the condi- tion) : And the faid A. B. further faith, l^fc. (ftating the breaches, and concluding as follows :) And here- upon the faid A. B. prays the writ of our faid lord the king, to be dire£lcd to the (herifF of and to the right honourable Lloyd Lord KetiyoJiy his ma- jefty's chief-juftice, affigned to hold pleas in the court of our faid lord the king before the king himfelf, commanding the faid fheriff, that he caufe to come before the faid chicf-judice, on the — — day of next, at the Guildhall of the city of London y twelve, iijc. by vvhom, CS'r. and who neither, ^c. to inquire the truth of the faid breaches above affigned, and to aflefs the damages thereby fuftained by the faid xL B. and alfo that it be com- manded in the faid writ to the faid chief-juflice, that he make a return thereof to the faid court of our faid lord the king before the king himfelf at Wcji- mirijler, on next after ; and it is granted him, dsrV. the fame day is given to the faid A. B. at the fame place. As yet of term, i^c. Judgment by «;/ to wIt. Johu Doe on the demife of A. B. dkit in cjcEimcnt .,., ^r:,,. •nj-.-rr by bill, with a . puts in his placc ii. P. his attorney, againlt Richard Rocy in a plea of trefpafs and ejectment. remittitur damna. to wit. The faid Richard Roc m perfoil, at the fuit of the faid John Doe, in the plea aforefaid. to hy NIL DlciT. 255 » ■■ to wit. Be it rcmcjr.bi'reil y tliat in — — • term laft paft, before our lord the king at Wejlmin- Jlery came John Doe by E. F. liis attorney, and brought into the court of our faid lord the king be- fore the king^himfelf then there, his certain bill againft Richard Roey being in the cufhody of the marflial of the marfhalfea of our faid lord tlie king before the king himfelf, of a plea of trefpafs and eje£lment ; and there are pledges for the profecution thereof, to wit, Johfi Dean znd. Richard Fenn ; which faid bill follows in thefe words, that is to h.-^-, — to wit. John jD^if complains ol Richard Roe being in the cuftody, BV. (here copy the declaration to the end, ■ omitting the pledges and notice, and then proceed ou anew line as follows :) And now at this day, that Is to fay, on ~— — next after — — in this frar.e term, until v/hich day the faid Richard Roe had leave to, imparl to the faid bill, and then to anfwcr tlie fame, C"V, before our faid lord the king at Wejlminjlery come as well the faid John Doe by his attorney afore- said, as the faid Richard Roe In his proper perfon ; and the faid Richard Roe defends the force and in- jury when, l^c. and fays nothing in bar or preclii- fion of the faid aftion of the faid John Doe; whereby the faid John Doe remains therein undefended againft the faid Richard Roe : Therefore it is confi- Judgrnent dered, that the faid John Doe recover againft the '^ " '" ' faid Richard Roe his faid term yet to come of and in *the tenements' aforefaid with the appurtenances, and alfo his damages fuftained by reafon of the tref- pafs and eje£lment aforefaid ; and hereupon the faid John Dee freely here in court remits to the faid Richard 25<5 JUDdMENTs/cr the PLAINTIFF Richard Reej all fuch damages cods and charges as might or ought to be adjudged to him the faid ^ohn Doe, by reafon of the trefpafs and eje6tment aforefaid : Therefore let the faid Richard Roe be acquitted of thofe damages cods and charges, ^c» And hereupon the faid John Doe prays the writ of our faid lord the king, to be dire6led to the fiierifF of the county aforefaid, to caufe him to have pofleflion of his faid term yet to come of and in the tenements aforefaid with the appurtenances ; and it is granted to him, returnable before our faid lord the king at Wcjlmivjler, on — — - next after ; the fame day is given to the faid Richard Roe there, i^c. •riginal. •rt^irla"' ^^ (Entry of warrants of attorney, as in the laft.) — — to wit. Richard Roe was attached, ^V. (here copy the declaration to the end, and then proceed as follows :) And the faid Richard Roe in his proper perfon, comes and defends the force and injury when, t^fc, and fays nothing in bar or preclufion, i^c. (as be- fore, making the writ of pofleflion returnable on a general return-day). h) NON SUM INFORMATUS* 257 As yet of term, ^c, — — to wit. A. B. puts in his place E. F. his Judgment by . , non jum irformS' attorney, againft C. D. in a plea ot trefpafs on the tus in afjumpf.t . T by bill, of the cafe upon promilcs. f^'^^ term with to wit. The faid CD. puts in his place the declaration. G. H. his attorney, at the fuit of the faid A. B. in the plea aforefaid. -- ■■■ to wit. Be it rememkredf &c. (as before, P-243-) And the faid C. D. by G. H. his attorney, comes and defends the wrong and injury when, ^c, and the faid A, B. prays that the faid C. D. may an- fwer his faid declaration ; whereupon the faid attorney of the faid C. D. fays that he is not in- formed by the faid C. D. of any anfwer to be given for him to the faid A. B. in the premifes, nor doth he fay any thing in bar or prccluHon of the faid ac- tion of the faid A. B. whereby the faid A. B. re- mains therein undefended againft the faid C. D, wherefore the faid A. B. ought to recover againft the faid C. D. his damages on occafion of the pre- mifes : But becaufe it is unknown, ^c. (as before, P- 244> S') (Entry of warrants of attorney and rnejnorandum^ Sic. "^'^'^ ^'^^ ''° ^^^'' as before, p. 251. making the defendant appear by attorney, and not in perfon.) And the faid CD, by G. //.his attorney, comes and defends the wrong and injury when, ^c. and the faid A.B. prays that the faid C. D. may anfwer his faid de- claration ; whereupon the faid attorneyof the faid CD, fays that he is not informed by the faid C. D. of any anfwer to be given for him to the faid A. B. in the s premifes. 258 JVDGUEtirsfor the PLAINTIFF premlfes, nor doth he fay any thuig In bar or pre- clufion of the faid adlion of the faid A. B. wheveby the faid A. B. remains therein undefended againft the faid C. D. : Therefore it is confidered, that the faid A. B. do recover againft the faid C D. his faid debt, ^iT. (as before, p. 252.) As yet of term, &c. ijcigmentby (Entry of warrants of attorney and memorandum^ r-r. uwvo ; i\i\xt of allots in but that the faid E. F. in his lifetime did undertake, future, on a pica r t t /• • >* r> "^ flere admir.t' ^c. (as in the lafl:,) and inafmuch as the faid A. B. ftra-vH pricitr in cannot deny but that the faid C. D. hath not any "■^"'"^J'"' croods or chattels which were of the faid E. F. at the time of his death, in his hands to be adml- niftered, except the faid goods and chattels to the value of /. as aforefaid, prays judgment, and his damages by him fuftained on occafion of the not performing of the faid feveral promifes and under- takings in the faid declaration mentioned, to be ad- judged to him J to be levied, as to — — /. part thereof, of the faid goods and chattels fo remaining In the hands of the faid C. D. unadminiftered as aforefaid, and as to the refidue thereof, to be levied of other goods and chattels which were of the faid E. F. at the time of his death, and which after final judgment in this refped fliali come to the hands of the faid C. D. to be adminiftered : There- fore it is confidered, that the faid A. B. recover againft the faid C. D. his damages by him fuftained on occafion of the premlfes, to be levied in form aforefaid : But becaufe it is unknown, ^c. (award of inquiry and return as in the laft, and final judg- ment as follows.) Therefore it is confidered, that judgment the faid A. B, do recover againft the faid C. D. the ^'e^ed, &c. faid damages, by the inqulfition aforefaid above found, to be levied as to the faid -A part thereof, of the goods and chattels fo remaijiing in the hands of the faid CD. unadminiftered as aforefaid, and as to the refidue thereof, to be levied of other goods b 3 and t62 )VDCUEnrs fcf the TLAiar irv and chattels of the faid E. F. at the time of his death, and which Ihall hereafter come to the hand^ of the faid C D. ro be adminiflered/yr. fhfi5ke, agakft And the faid A.B. forafmuch as the faid C. D. the lands and chattels of a doth not deny the faid a£lion of the faid A. B. nor chavgerundcr ^"^ ^^■^^^ ^^ ^^'^ ^^^^ ^' ^' *^^'' Undertake and pro- an iiifolveat-aa. j^ife, iti mann'Cr and form as the faid A. B. hath above thereof complained againft him, nor but that he ought to recover his damages by reafon of the non-performance of the faid feveial promifes and undertakings in the faid declaration mentioned, againfb the faid C. D. and forafmuch as the faid A. B. canT not deny the faid feveral allegations of the faid C. D. - contained in his faid plea, but admits the fame to be true, he the faid A. B. prays judgment, and his damages by him fudained on occafion of the not performing of the faid feveral promifes and under- takings to be adjudged to him ; to be levied not oii the perfon of the faid C. D. but on his lands goods and chattels, according to the form of the ftarutc in furh cafe made and provided : Whereupon it is confidered by the court here, that the faid A. B, ought to recover nis damages on occafion of the not performing of the faid feveral promifes and under- takings, agaiTift the faid C, D. to be levied in form afoiciaid : Uut becaufc it is unknown, is'c. (award of inquiyy and return as before, p. 244, 5. final judg- Judjmen* ment as follows :) Therefore it is confidered, that the (aid A. B. do recover againft the faid C. D. his damages, iforefaid, by the faid inquifition above found, dnd alfo / for his faid cofts and charges, by the court ot our faid lord the king now here adjudged of by CONFESSION. 263 of increafe to the faid ^. B. and with his aflent j which faid damagc-s cods and charges in the whole amount to /. to be levied not on the pcrfon of tlie faid C. D. but on his lands goods and chattels, according to the form of the ftatute in fuch cafe made and provided : And the faid C. D. in mercy, Mercy. (To the end of the iflue, and then as follows :) Judgment by At which day, before our f lid lord the king at \nojjhmpfit afier _ _ f, . ^ iiir-i/«r> T. iflufj rtl'iBd vcr Ivejtminjler^ come as well the faid A. B. as the ^ificatione, faid C. D. by their refpe^live attornies aforefaid ; and hereupon the faid C. D. by his faid attorney, relinquifliing his faid plea by him above pleaded, fays that he cannot deny the action of the faid A. B, nor but that he the faid C. Z). did undertake, /««^ C D. doth not deny the aQion of the faid A. B, '^^f'^'^" »» nor but that the faid writing obligatory Is the deed of the faid E. F. nor but that he the faid C. D. de- tains from the faid A, B, the faid fura of /. above i66 . JUDCMENTs/o^- i/:c J'LAINTItF above (.demanded, in manner and form as the fald ^. jB. hath above in that behalf alkdged ; and inaf- much as the faid ^. B. cannot deny but that the fald C D. hath not any goods or chattels which were of ilie faid E. F. at the time of his death, in his hands to be adminiftered, in manner and form as the faid C. D. hath above in his faid plea in that behalf ailed ged, prays judgment, and his faid debt, together with his damages by him fuftained on oc- cafion of the detaining tlicreof, to be adjudged to him ; to be levied of the goods and chattels which were of the faid E. F. at the time of his death, and M'hich flvall hereafter come to the hands of the faid Judgment C. Z). to be adminiftered : Therefore it is confidered, *^" ' * that the faid A. B. do recover againft the faid C. D. executor (or adminiftrator) as aforefaid, his faid debt, and alfo /. for his damages which he hath fuftained on occafion of the detaining thereof, by the court of our faid lord the king now here adjudged to the faid A. B. and with his aflent ; to be levied of the goods and chattels which were of the faid E. F. at the time of his death, and which {hall hereafter come to the hands of the faid C D. to be adminiftered, ^c. TV>e yike wf C^o the end of the plea, and then as follows:) aHetsacknow- ^^^ hereupon the faid A. B. inafmuch as the faid ledged in part, ^ »nd for the re- Q. D. doth not deny the adlion of the faid A. B. nor futuro, on a plea but that the writing obligatory aforefaid is the deed Jirwuit prater in debt. from the faid ^. 5. the faid fum cf /. above demanded, in manner and form as the faid A, B. hath above in that behalf alledgedj and inafmuch hy CONFESSION. 267 as the faid A. B. cannot deny but that the fald C. D, hath not any goods and chattels which were of the faid E. F. -"t tlie time of his death, in his hands to be adminiftered, except the f^ld goods and chattels to the value of /. as aforefaid, prays judgment and his faid debt, logrther with his damages by hitn fuftainedonoccafion of the detaining thereof, to bead- judged to him; to be levied, as to /. part thereof, of the faid goods and chattels fo as aforefaid acknow- ledged to be in the hands of tlie faid C. D. to be adminiflered, and as to the refidue thereof, to be levied of other goods and chattels which were of the faid E. F, at the time of his death, and which (hall hereafter come to the hands of the faid C. D. to be adminillered : Therefore it is confidered, that the Judgment faid A. B. do recover againd the faid C. D. his faid * ' debt, and alfo /. for Iiis damages which he hath fuftained on occafion of the detaining thereof, by the court of our faid lord the king now here adjudged to the faid A. B. and v/ith his afTent ; to be levied, as to the faid /, part thereof, of the faid goods and chattels fo as aforefaid acknowledged to be in the hands of the faid C. D. to be adminif- tered, and as to the refidue thereof, to be levied of other goods and chattels which were of the faid E. F. at the time of his death, and which {hall here- after come to the hands of the faid C. D. to be ad- minillered, l^c. And the faid CD. znAE.F. by their at- The like agamft J 1 r • t i- 7-7- • 1 • r three executors, - torney, and the laid G. H. in his proper perion, where one pleads come and defend the wrong and injury when, ^c. ^J,^lrau'r" &nS and the faid C. D, fays that the faid A,B. ought oiherpkne ad^ r ■ minilira-vtt ge- IlOt neiaily, and the 26Z JUDGMENTSyo>- t/:e TLAINTirT tljii.i letsjudg- not to have or maintain his aforefaid aQion thereof rn.nt go by dt- ^^^-^^^-^ j^j^^^ . bccaufe he fays that he the faid C. D. hath fully adminiilered, ts'c. (ftatiiig the plea of plene adminij} ravit prater:) And the faid E. F. fays that the Did A, B. ought not to have or maintain his aforefaid a£lion thereof againfl; him ; becaufe he fays that he the faid E. F. hath fully adminiftered, (5V. (ftating the plea of plette adntimjiravit gene-i rally:) And the faid G. H. fays nothing in bar or preclufiOH of the faid a£lion of the faid A. B. by which the faid A. B. remains therein undefended again il the faid G. H. And hereupon the faid A. B. inafmuch as he cannot deny the feveral matters above pleaded by the faid C. D. and E. F. refpec- tively, but admits the fame to be true, prays judg- ment, and his debt aforefaid, together with his da- mages by him fuilained on occafion of the detaining Jadgment thereof, to be adjudged to him : Therefore it is ' * confidered, that the faid A.B. do recover againlt the f.iid C. D.y E. F.^ and G. //., as executors as aforefaid, his debt aforefaid, and alfo /. for his damages which he hath fuilained on occafion of the detaining thereof, by the court of our faid lord the king now Iiere adjudged to the faid A.B. and with his afient ; to be levied as to the faid fum of i /. part thereof, of the faid goods and chattels fo as aforefaid acknov/ledged to be in the hands of the faid C D. as executor as aforefaid to be admi- niftered, or of the goods and chattels which were of the faid J. K. deceafed at the time of his death, and which fliall hereafter come to the hands of the faid E. F. as executor aforefaid to be adminiftered, or which are now in, or (liall hereafter tome to the hands hy CONTESSION. 26iJ hands of the faid G. H. as executor as aforefald to be adminiftered ; and as to the refidue thereof, to be levied of the goods and chattels which were of the fald J. K. deceafed at the time of his death, and which fliall hereafter come to the hands of the faid C. D. and E. F. as executors as aforefaid, or cither of them, or which are now in, or fhall here- after come to the hands of the faid G. H. as exe- cutor as aforefaid to be adminiftered : It is alfo confidered by his majefly's court here, that the faid A. B. do recover againft the faid G. H, executor as aforefaid, the fum of A for his cofts and charges by him about his fuit in this behalf ex- pended, by t-he court of our f:u(l lord the king nov^r here adjudged to the faid A. B. and with his aflent; to be levied of the goods and chattels which were of the faid J. K. deceafed at the time of his death, in the hands of the faid G. H. as execucor as aforefaid to be adminiftered, if he hath fo much thereof ia his hands to be adminiftered, and if he hath not fo much thereof in his hands to be adminiftered, to be levied of the proper goods and chattels of the faid G. H. And the faid G. H. in mercy, Cifr. Mercy, (To the end of the iffue, and then as follows:) Judgment by At which day, before our faid lord the king at WeJ}- Tm, '^ tn'mfcr^ come the parties aforefaid by their attor- '^"e, rf//,??^ -^t- ' T'Jicatione. nies aforefaid ; and hereupon the faid C. D. relin- quifliing his faid plea by him above pleaded, faith that ho cannot deny the aflion of the faid A. B. nor but that the faid writing obligatory is the deed, iJc. J[as before p. 26'?,) (To 1']0 The like In ejeflmet.t, with a remittnur of part oi the da- mages. JutJgment JL'DGMENTSyor i/j^ PLAlNTirF (To the end of the ilTue, and then as follows :) At which day, before our faid lord the king at IVeJl" •viinjlcvy come the parties aforefaid by their attornlea afovtiaid ; and hereupon the faid C. D, relinquilhing his faid pica by him above pleaded, fays that he cannot deny the aftion of the faid A. B. nor but that he the faid C. D is guilty of the trcfpafs and ejedlment above laid to his charge, in manner and form as tlie faid A. B. hath above thereof complained againfi: him ; and he confcfies and admits that the faid yf. £. hath fultained damages by reafon of the faid vrefpafs and ejecTtment, to the fum of one penny, befides his coRs and charges by him about his fuit in this behalf expended : And hereupon the faid A. B. freely here in court remits to the faid C. D<, the refidue of the damages in the faid declaration mentioned, and prays judgment and his term yet to corne of and in the tenements aforefaid with the ap- purtenances, together with his faid damages fo con- fefied, and his coHs and charges aforefaid, to be ad- judged to him, ilfc. Therefore it is confidered, that the faid A. B. do recover againd the faid C D. his faid term yet to come of and in the tenements afore- faid with the appurtenances, together with the damages aforefaid to the faid fum of one penny in form aforefaid confeiied, and alfo /. for his faid colls and charges, by the court of our faid lord the king now here adjudged to the faid A. B. and with his aflent •, which faid damages cofts and charges in the whole amount to /. And hereupon the faid A. B. prays the wrii of our {"aid lord the king, to be dire£led to the flieriff of aforefaid, to caule him to have pofl'effion of his faid term yet to /ji CON IE 5s ION. 271 to eome of an^l In the tenements aforefaid vlth the appurtenances; and it is granted to him, returnable before our faid lord the king, on — whercfoever, (To the end of the iluie, and then as follows :) The like for the At which day, before our faid lord the king at part ouhe pre- ' mfmwjier, come the parties aforcfaid by their Jl^'^efeTdaiTon attornies aforefaid ; and hereupon the faid CD. & ndk p-oje^ui sz . . , r • to the rcfidue. as to parcel or the tenements ni the faid de- claration mentioned, relinquifliing his faid plea by him above pleaded, fays that he cannot deny the adlion of the faid Joh?i Doe, nor but that he the faid 6'. D. is guilty of tlie trefpafs and €Jc6lment above laid to his charge, in manner and form as tlie faid john Doe hath above thereof complained againfc him: And upon this the faid John Dee fays that he - will not further profecute his fuit againfl: the faid C. D. for the trefpafs and ejcclment in the refidue of the tenements aforefaid ; and he prays judgment and his term yet to come of and in the faid — — - with the appurtenances, parcel, t^c. together with his damages cofts and charges by him in this be- half fuftained : Therefore it is confidered, that the judgment faid Jofm Doe do recover againfl: the faid C. D. his '^"^ ' faid term yet to come of and in the faid with the appurtenances, parcel, isfc. and alfo /. for his faid damages cods and charges, by the court of our faid lord the king -ow here adjudged to the faid Johi Doe and with his aflent, and alfo with the aflent of the faid C. D. And let the faid C. D. be acquitted of the faid trefpafs and ejeiSlment in the refidue of the tenements aforefaid, and go thereof without day, 271 jUDGMENTsySr ike PLAlNTlPl? day, ts'c. And the faid John Loe prays the writ oi our faid lord the king, to be diredled to the flierifF of aforefaid, to caufe him to have poflefliion of his faid term yet to come of and in the faid with the appurtenances, parcel, l£c. and it is granted to him, returnable before our faid lord the king, on ■. wherefoever, ^c. Judgment ior die plaintift, on de- murrer to a de- claiation in ajjumpfit. The tike, on de- imirrer to i le- I'licitioi). As yet of term, isfc* (Entry of warrants of attorney as before, p. 257.) to wit. Be it remembered, &c. (here copy the demurrer-book ■vcrhathn^ and then proceed as fol- lows :) At which day, before our faid lord the king at Wejlmhijler^ come as well the faid A. B. as the faid C. D, by their attornies aforefaid : Whereupon all and lingular the premifes being feen, and by the court of our faid lord the king now here fully un- derflood, and mature deliberation being thereupon liad, it appears to the faid court here, that the de- claration aforefaid, and the matters therein con- tained, are fufiicient in law for the faid A. B. to iiave and maintain his aforefaid aftion thereof agalnft the faid C. D. wherefore the faid A. B. ouglit to recover againft the faid C. D, his damages by reafou of the premifes : But becaufe it is unknown, i^c. (as before, p. 244, 5. or if the damages are aflefled by the court ; *' And becaufe it is fuggefted, ^V." as before, p. 250. or In debt ; ** Therefore it is con* fidered, ^V." as before, p. 252.) (To the end of the demurrer-book, and then as follows:) At which day before our faid lord the king #9 '^^ en fcEMURRER. 5i7 J' at WeJiminfteKy come the parties aforefaid by their at- torjiies aforefaid : Whereupon all and fingular the premifes being feen, and by tlie court of our laid lord the king now here fully underftood, and mature deli- beration being thereupon had, it appears to the faid court here, that the fald plea in manner and form aforefaid by the faid A. B. above in reply pleaded, tnd the matters therein contained, are fufRcient in law for him the faid A. B. to have and maintain his •aforefaid a£lion thereof againft the faid C. D. \vherefore tlie faid //. B. ought to recover agalnib the faid C. D. his damages by rcafon of the pre- mifes : But becaufe it is unknown, ^c. (as in the lafl). (To the end of the demutrer-book, and then as The like, oh follows:) At which day, before our faid lord the plication to one king at We/lminjkry come the parties aforefaid by |'^ l^^^'^^^ ^'^hl. their attornies aforefaid : Whereupon all and fingu- a rehtia •venfi^a- lar the premifes being feen, and by the court ot our other. faid lord the king now here fully underftood, and mature deliberation being thereupon had, it appears to the faid court here, that the fald plea by the faid A, B. in manner :ind form aforefaid above in reply pleaded, to the faid plea of the faid C. D. by him laftly above pleaded in bar, as to the trefpafles in the introductory part of that plea mentioned, and the matters therein contained, are fufficient in law for him the faid A. B. to have and maintain his aforefaid aftion thereof againft the faid C. D. And hereupon the faid C D. relinquifl^Ing his faid plea by him firft above pleaded, fays that he cannot deny the a<^ion of the faid A. B. uor but that he the faid T A, S, 27.^ ]VDGMEtiTsfor the TLMHTlTf A. B. ought to recover agalnfl the faid C. D. his damages by reafon of the premifes; wherefore the faid A. B. ought to recover his damages againft the faid C. D. But becaufe it is unknown, i3c. (as be- fore, p. 244, 5.) The like in (To the end of the demurrer-book, and then as demurrer '0 a follows:) At which day, before our faid lord the rejoinder. j.j,^g „j JV^^/Im'ui/Ier, come as well the faid A. B. as the faid C. D. by their attornies aforefaid : Where- upon all and fingular the premifes being feen, and by the court of our faid lord the king now here fully underftoodj and mature deliberation being there- upon had, it appears to the faid court here, that the faid plea of the faid C. D. by him above pleaded by way of rejoinder, and the matters therein con- tained, are not fufficient in law to quafh the faid bill (or writ) of the faid A. B. Therefore it is con- fidered, that the faid C. D. further anfwer the faid A. B. to his bill (or writ) and declaration aforefaid i and thereupon a further day is given by the court here to the parties aforefaid, before our faid lord the king at Wejiminjlcr, until next after , that is to fay, for the faid C. D. to plead in chief to the faid declaration of the f;\id A. B. At which day, before our faid lord the king at Wcjlmlnjler^ come as well the faid A. B. as the faid C D. by their attornies aforefaid ; and the faid C. D. by his faid attorney, defends the wrong and injury when, \sc» tn N'UL TIEL RECORD. ij ^ (To the end of the iflue, and then as follows :) Jiidgment for the plainilfr, on% At which day, before our faid lord the king at Wcjt' pica of nu! nd untijh-r, come as well the faid A. B. as the faid ''''"'' '" '^'"'• C. D. by their attornies aforefaid ; upon which the record aforefaid being feen and infpecled by the faid court here, it fulBciently appears to tlie fame court, that there is fuch a record of recovery again ft him the faid C. D. at the fuit of the faid A. B. as he the faid A. B. hath above in that behalf alledgcd: Therefore it is confidered, that the faid //. B. do juagment recover againft the faid C. D. his faid debt, and alfo ^&"''' '^'' • /. for his damages which he hath fuftained, as well by reafon of the detaining the faid debt, as for his cods and charges by him about his fuit in this behalf expended, by the court of our faid lord the king now here adjudged to the faid A. B> and vvith his aflent, according to the form of the ftarute in fuch cafe made and p-'ovided : And the faid C. D. in mercy, i^c. Merer. (To the end of the iflue, and then as follows ) The like, on » At which day, before our faid lord the king at Weft- ]]l rejrd la'^''' minjiery comes the faid A. B. by his faid attorney ; "/""'^''f* and the faid C. D. although folemnly demanded in open court, to appear and produce the faid record by him above in pleading alledged, cometh not, nor pro- duceth the fame, but therein wholly fails and makes default J wherefore the faid A. B. ought to recover againfl: the faid C D. his damages on occafion of thepremifes: But bccaufe it is unknown, Ifc. 'as before, p. 244* 5-) T 2 27^ jVTiGUElirs for the PLAINTIFF ]fu adniinntrator, recovcr againlt the laid L.D. executor (or admnu- n'nd"a.Ssirthe ^''^to^^ ^^ aforcfaid, his faid debt, and sifo his da- aniountofpdii majTCs aforcfaid by the faid jury in form aforefaid oi the deb:. , ... afielTed, and likewite /. for his faid coUs and charges, by the court of our faid lord the king now here adjudged of incrcafe to the faid A, B. and with his ailent ; whicli laid damages cofls and charges in the whole amount to /. to be levied as to the fum of /. parcel of the Hiid debt, be- ing the value of the faid goods and chattels of the faid E. F. fo found by the faid jury to be in the hands of the faid CD. to be adnlinillered, and ?.lfo as to the faid - /. for the damages cofts and charges , aforefaid, of the goods and chattels which were of the faid £. F. at the time of liis death, in the hands of the faid C. D. to be adminiftered, if he hath fo much thereof in his hands to be adminiftered, and if he hath not fo much thereof in his hands to be adminiftered, then the faid .— — /. for the damages cofts and charges aforefaid, to be levied of the pro- per goods and chattels of the faid C. D. and as to the refidue of the faid debt, to be levied of the goods and chattels which were of the faid E. F, at the time of his death, and which {hall hereafter come to the hands of the faid CD. to be adminiftered. And Mercy. the faid C. D, in mercy, ^c. There- on VERDICT. 283 Therefore It is confidered, that the fiild A. B do Thciik.-.a^aiiift recover againft the fjid C D. his faid debt, and his damages aforefaid to /. by the faid jury in forni aforefaid afTefled, and alfo for his cods and charges aforefaid, by the court of our faid lord the king now here adjudged of increafe to the f.iid ui. B. and with his aflcnt ; which drimages cods and charges in the wliole amount to /. to be levied of the lands and tenements which were of the faid E. F. in fee-fimple at the time of his death, and. which came to and are now in the hands of the faid C D. by hereditary defcent from the faid E. F. And the faid C. D. in mercy, iffc. Mercy. Therefore it is confidered, that the faid A. B. do The like, in di, recover againft tlie faid C. D. the goods and chattels aforefaid, or the faid /. for the value of the fame, if the faid A. B, cannot have again the faid goods and chattels, and his faid damages to — — x. beyond the value aforefaid, by the faid jury in form aforefaid aflefled, and alfo /, for his faid cods and charges, by the court of our faid lord the king now here adjudged of increafe to the faid A. B, and with his aflent *, which faid damages cofts and charges in the wliole amount to /. And the faid C. D. in mercy, ts'c. And hereupon the fhe- Mercy. riff is commanded, that he diftrain the faid C. D. by all his lands, i^c, and that for the iflues, ^c. fo that he render to the faid A. B. the goods and chat- tels aforefaid, or the faid > /. for the value of the fame ; and in what manner, ^c. There- ■2fiA jUDGMENTsy^r //v PLAINTIFF The like, where Therefore It is confidered, that the faid yi. B. do thrpbintift", and rccovcr agalnft the faid C. D. the goods and chattels, jurt tor ihc rfe- •which bv the jurors aforefaid are above found to be detained by the faid C. D. from the faid A. B. or the faid /. for the value of the fame, if the faid A. B. cannot have again thofe goods and chattels, and his faid damages to beyond the value aforefaid, by the jurors aforefaid in form aforefaid afleffed, and alfo A for his faid cofls and charges, by the court of our faid lord the king now here adjudged of increafe to the faid A. B. and with his affent ; which faid damages cofls and charges in the whole amount to A ^nd the Mercy. iaid C. D. in mercy, isfc. And the faid A. B, is alfo in mercy for his falfe claim, of the refidue of the faid goods and chattels, whereof the faid C. D. by the jurors aforefaid is above acquitted ; and let the faid C D. go thereof without day, ijc. And hereupon the llierifF is commanded, that he diftrain, ^c. (as in the laft). Thf. 1,'ke, in Therefore it is confidered, that the faid jfo/m Doe fjedtment. j^ recover againft the faid C. D. his faid term yet to come of and in the tenements aforefaid with the appurtenances, and his faid damages to A by the jurors aforefaid in form aforefaid afllfled, and alfo 1, for his faid cofls and charges, by the court of our faid lord the king now here adjudged of increafe to the faid A, B. and with his aflent j which faid damages cofls and charges in the whole g^faiur, amount to /. And let the faid C. D. be taken, fer'f. And hereupon the faid John Doe prays the writ an Verdict. 2%$ writ of our faid lord the king, to be dlre£led to the fherifF of the county of aforefald, to caufe him to have pofleflion of his faid term yet to come of and in the tenements aforefaid with the appur- tenances ', and it is granted to him, returnable be- fore our faid lord the king, on wherefoever, Therefore it is confidered, that the faid John Doe The like, for the • n 1 r • T-. 1 • r • plaintiff as to do recover agamft the faid C. D. his faid term yet part of the pre- to come of and in the faid parcel, c^c. with "h."'t>ndan^^» the appurtenances, and the damages cofls and '^ '^e rL-fiiue. charges aforefaid by the jurors aforefaid in form aforefaid aflefled, and alfo /. for his faid coflis and charges, by the court of our faid lord the king now here adjudged of increafe to the faid John Docy and with his aflent ; which faid damages cofts and charges in the whole amount to ' /. And let the faid John Doe be amerced, for his falfe claim againft the faid C. D. as to the refidue of the tene- ments in the faid declaration mentioned, whereof the faid C. D. is acquitted in form aforefaid : And the faid C. D. go thereof without day, i^c. and hereupon the faid John Doe prays the writ, ^c. (as in thelaft). a86 jvnGULSTsfor the depencant' As yrt of term, i^fc^ Judgment of ^.^ to wit. C. D. puts in his t)lace G. H. his non-proi for want ^ ^ ot a dec'ar^^t . n, attorney, at the fuit of yl. B. in a plea of trefpafs. on comm n piu- seubybili. . td wit. C Z). according to the form of the ftatute in fuch cafe made and provided, was ferved ■with a copy of a certain precept chilled a bill of AlidiUeftXy : or of a certain writ of our lord the king called a latitat or alias capias, &c.) ifluing out of the court of our faid lord the king before the king him- felf, direded to the fheriffof , (if a latitat or alias capias, S:c.) and returnable before our faid lord the king at Wcfminjler, on next after in — — term now lafl pall, to anfwer A. B. in a plea of trefpafs \ and the faid C. D. at the fame day ap- peavet!, by G. H. his attorney, according to theforffi cf the ftatute in fuch cafe made and provided : And the faid A. B- hath not declared in the faid court of our faid lord the king before the king himfelf at Wejlvn'njler aforefaid, by his bill or declaration In any pcrfonal adlion or ejeftment againft the faid C D. before the end of this prefent term, (or of term then next enfuing,) being the next term after the appearance of him the faid C. D» at Jwdgmert the fuit 01 the faid //• B. Therefore it is confidered, fjgncd, &c. jj^^^ ^1^^ ^^Ij ^^ j^^ j.^1^^ nothing by his faid precept (or writ}, but that he be in mercy, i^c. And it i$ further confidered by his majefty's court here, that the f.iid C. D. do recover againfl; the faid A. B* . ■■ I. for his cofts and charges by him laid out about his defence in this behalf, by the court of our faid lord the king now here adjudged to the faid C. 1), and with his aflent, according to the foriji of ths on a NON-rRos. t^'] the lluure in I'ucli cafe made and pro\ idcJ ; and tlr.it she faid C. D. have execution thereof, "^t. Zxc • 1 ,- r r Ol'igiflul. attorney, at t;ie luit ot A. B. in a pica oi trelpals on the (Mk upon promifes (or as tJie pica is). to wit. C. D. late of ■■■ ■, according to the form of the llatute in fuch cafe made and pro- vided, was fcrved with a copy ot a certain writ of our lord the king called a fpecial capias aid refpondcn- dum^ ifTuing out of the court of our faid lord the king before the king himfelf, diredled to the (lieriff of , and returnable before our faid lord the king, on wherefoever our faid lord the king (hould then be in F.nglavd^ to anfwer A. B. in a plea of trefpafs on the cafe upon promifey, to the damage of the faid A. B. of /. (or as the plea is) ; and the faid C. D. at the fame day appeared, ciff, (as in the lafl;). (Entry of warrant of attorney for the defendant The like, on , r n ^ \ bailable pcocsrs as before, p. 286.) by bin. • to wit. C. D. was arrefted by virtue of a precept called a bill of Jlfidd/tftXy (or of a certain writ of our lord the king called a latitat or a/Za/ capias^ &c.) ifTuing out of the court of our faid lord the king before tlie king himfelf, dire(£lcd to the flierifF of , (if a latitat or aliaf capias, &c.) and returnable' before our faid lord the king at Weftmiri' Jter, on next after in term now lafl pafl, to anfwer A. B. in a plea of trefpafs, and alfo to a bill of the faid A. B. to be exhibited again (I tl»e faid C, D. for /. on promifes, (or as the ac *A etiam a88 Judgments _/or the DEJENOANt et'iam Is) according to the cuflom of the court of our faid lord the king before the king himfelf ; and the faid CD. at the fame day appeared, and put in fpecial bail by G. H. his attorney, at the fuit of the faid A. B. And the faid A. B. hath not declared, i^c. T^jc like, in a county- palatine. The Hke, after the defendant's appearance on un. exigifuaai. • ( to wit. C D. was arrefted by virtue of a certain writ or mandate, dire61;ed to the flierifF of the county-palatine of Lancajler^ and grounded upon a certain writ of our faid lotd the king called a latitat or alias capiaSy &c. ifluing out of the court of our faid lord the king before the king himfelf, di- re£led to the chancellor of the faid county-palatine, and returnable, ^<:. to wit. A. B. who brought a writ of exigi facias of the lord the king before the king himfelfj agalnft C D. late of, ^c, of a plea, iffc. did not profecute his writ aforefaid : Therefore he and his pledges to profecute are thereupon in mercy, ^c, and let the names of the pledges be inquired, ^c» and the faid C. D. go thereof without day, ^c. It is alfo confidered, ^c. (as before, p. 286, 7.) The like, in debt JuJpment bgncd, iScC. to wit. C. D. puts in his place G. H. his attorney, at the fuit oiA.B. who as well, i^fc. in a plea of debt on flatute. to wit. A. B. who brought a writ of our lord the king, as well for our faid lord the king as for himfelf, againfl: C. D. of a plea of debt on lla- tute, hath not profecuted his writ aforefaid : Therc'^ fore it is confidered, that t'^ie faid A. B. take nothing by his faid writ, but that ..e and his pledges to pro- fecute on a NON-PROS. 28^; fecute be in mercy : And it is further confidered, ilfc. (as before, p. 286, 7.) to wit. C. D. puts in his place G. H. his The like in re- attorney, at the fuit of A. B. in a plea of taking and of I'decUmion! unjuftly detaining the goods and chattels of the faid A. B. againfl: fureties and pledges, bfc. ' to wit. C. D. was fummoned to anfwer A. B. of a plea wherefore he took, Isfc. (the goods mentioned in the plaint) of the faid A. B. and un- juftly detained them againft fureties and pledges, ^f. And hereupon the faid C. D. in his proper perfon, offers himfelf on the fourth day againft the faid A. B. in the plea aforefaid ; but the faid A. B. al- though folemnly called, comes not, but makes de- fault, nor does he further profecute his writ againft the faid C D. Therefore it is confidered, that the Judgment faid A. B. take nothing by his faid writ, but that he '^"^ ' and his pledges to profecute be in mercy, ^c. and that the faid C. D. do go thereof without day, t^fc. and that he have a return of the faid goods and chat- tels, feV. : It is alfo confidered by the court here, that the faid C. D. do recover againft the faid yf. B. — — /. for his cofts and charges by him laid out about his defence in this behalf, by the faid court here adjudged to the faid CD. and with his aflent, according to the form of the ftatute in fuch cafe made and provided : And that the faid C D. have execution thereof, ^c. Execution. * — to wit. A. B. puts In his place E.F. his The like, for attorney, againft C. D. in a plea of taking and un- bT/afcommsn" u juftly ^''^' apG JUDGMENTS y2»* the DEFENDANT juflljf detaining the goods and chattels of the fai2 Judgment figncd, &c. Execution. JUDGMENTS^or the DEFENDANT worth, according to the value thereof, the fum of /. Therefore it is confidered, that the faid C. D. do recover againft the faid ui. B the faid fum of /. being the arrearages of the faid rent, by the faid inquifition in form aforefaid found, and alfo — — /. by the court of our faid lord the king novr here adjudged to the faid C. D. and at his requeft, for his cofts and charges by him about his fuit in this behalf fuftained, according to the form of the ftatute in fuch cafe made and provided ; which faid arrearages, cofts and charges in the whole amount to /. And that the faid C. D. have execution thereof, idc. The like, where the goods are found to be of Jefs value than the rent. "Execution. Judgment of non-frot for not replying. Therefore it is confidered, that the faid C. D. do recover againft the faid ^. B. the faid /. parcel of the rent aforefaid, by the faid inquifition in form afcrefaid found, and his damages by reafon of the premifes to /. by the court of our faid lord the king nowhere adjudged to the faid C. D. and at his requeft, for his cofts and charges by him in this be- half fuftained, according to the form of the ftatute in fuch cafe made and provided ; which faid value cofts and charges in the whole amount to /. And that the faid C. D. have execution thereof, WV. (Entry of warrant of attorney for the defendant.) • to wit. Be it remembered^ &c. (as in an iflue, to the end of defendant's plea, and then a& follows :) And upon this the faid C. D. prays that the faid A. B. may reply to the aforefaid plea of him the faid C» D. and thereupon a day is given by the court 9n a NON-PROS. 293 court here to the fa'ul A. B. before our lord the king at WeJImin/icry until days next after the end of this fame term, that is to fay, for him the faid A. B. to reply to the aforefaid plea of the faid C. D. the fame day is given to the faid C. D, at the fame place : At which day, before our faid lord the king at Wejlm'mjlery comes the faid C. D. by his attorney aforefaid ; and the faid A. B. although at that day folemnly called, comes not, nor hath he replied to the aforefaid plea of the faid C. D. nor doth he fur- ther profecute his faid fuit : Therefore it is confi- Judgment dered by the court here, that the faid A. B. take nothing by his faid bill, but that he and his pledges to profecute be in mercy, ^'c. And it is further confidcred by his majelly's court )iere, is'c. (as be- fore, p. 286, 7.) (Enter the warrants of attorney for both parties ; The like, for not and after copying the iflue, to the end of the award i'^Je?"^ ' " of venire facias f proceed as follows:) At which (lay, before our faid lofd the king at JVe/I- minjlevy came as well the faid A. B. as the faid C. D. by their attornies aforefaid; and the fherifFdid not fend the writ of our faid lord the king to him in that behalf diredled, nor did he do any thing thereupon : Therefore, as before, let a jury thereupon come be- fore our faid lord the king at Wejlminfler^ on next after , by whomj l^c. and who neither, ^c. to recognize, ^c. becaufe as well, i^c. the fame day is given to the parties aforefaid at the fame place : At which day, before our faid lord the king at Weft' minftery came the parties aforefaid by their attornies V 3 afore- 294 itigncd, &c. JUDGMENTSy^'r the DEFENDANT afprefaid ; and the iheriffdid not fen J the writof ouf faid lord the khig to him in that behjit diredled, nor did he do any thing thereupon : Whereupon the faid C D, prays the court of our faid lord the king now here, that the faid A. B. may enter the faid iffue above joined between the parties aforefaid : And hereupon the faid A. B. is ordered by the court of our faid lord the king now here, that he enter the faid ilTue on next after in this fame term, on the peril attending the negle£l thereof; the fame day is given to the faid C. D. there, ^c. At which day, before our faid lord the king at Weftm'mjlery comes the faid C. D. by his faid attorney, and the faid A. B. although folemnly called, comes nor, but makes default, nor hath he entered the faid iflue above joined in the plea aforefaid : Therefore it is confidered by the court here, that the faid A. B, take nothing by his faid bill, but that he and his pledges to profecute be in mercy, i^c. and that the faid C. D. do go thereof without day, i^c. And it is further confidered, Isfc (as before, p. 286, 7.) JuJgment as in cafe of a nonfu.f. Judgment (As in the laft, to the end of the fecond award of the venire, and then as follows :) At wh ch day, before our faid lord the king at We/i^ tninjlery comes the faid C. D. by his faid attorney j and the faid A. B although folemnly called, comes not : And it appearing to the court of our faid lord the king row here, that the faid A. B. hath negleOed to bring the iffue above joined on to be tried, according to the courfe and praftice of the faid court : Therefore, ;iccoruing to the form of the flatute in fuch cafe made ' tn a DISCONTINUANCE and NOLLE PliOSEQUI, &:C. ^^S made aiicl provided, it is confidered, that the id'ul A. B. take notliing by his Lid bill, but that ne and his pledges to profecute be in mercy, ^c. and that the faid C. D. do go thereof without day, i^c. And it is further confidered, ^c. (as before, p. 286, 7.) Afterwards, to wir, on next after ■ in Fnt'^v <"'" d;rcon» . qnuaiice b) bill. • term, m the year of tlie reign ot our lord the now king, before our faid lord the king at WeJ}- minjler, came the faid C D. by his attorney afore- faid ; and the f.iid A. B. did not then and there profecute his faid bill againft the faid C. D. with efFed, but voluntarily permitted his fuit to be difcon- tlnued : Therefore it is confidered, that the faid A. B. take nothing by his faid bill, but that he and his pledges to profccute i)e in mercy, Iffc. And it is further confidered, ^c. (as before, p. 286, 7.) It is recorded by the court, on, <2'c in term The like, '^j in the year of the reign of our lord the novi' '" king, that the plea aforciaid hath not a day of con- tinuance by the Lme roll, beyond the afcrcfaid : Therefore let the plea aforefaid be difcontiuued, at the requefl of the faid A. B. &c. And hereupon the faid A. B. inafmuch as he can- Ju^^gment for ^ , ^1 r , 1 t I I 1 1 ihe octendant, on not deny tne leverai matters above pleaded by jthe -i, „eiie pn.cffu . faid C D. freely here in court confelTes, that he will not further profecute his fuit againlt the faid C. D. Therefore it is confidered by the court here, that the fai4 ^^ B, take n;>thij>g by his faid bill, but that he u 4_ and ap5 JUDGMENTSyof the DEFENDANT and his pledges to profecute be in mercy, l^fc. and that the faid C £). do go thereof without day, ^e. And it is further confidered, l^c. (as before, p. 286,7.) The like, as to a particular count* Cajfetur b'llla f/tl lireve. And hereupon the faid A. B. freely here in court confefles, that he will not further profecute his fuit againft the faid C. D. in refped of the premifes in the — count of the faid declaration mentioned : Therefore, as to the premifes in that count mention- ed, let the faid C. D. b^ acquitted, and go thereof without day, t^c. And hereupon the faid A. B. inafmuch as he can- not deny the feveral matters above pleaded by the faid C. D,y but admits the fame to be true, prays judgment, and that the faid bill (or writ) of him the faid A, B. may be quaftied, to the intent that he the faid A. B. may exhibit a better bill (or fue out a better writ) againft the faid C. D. Therefore it is confidered by the court of our faid lord the king be- fore the king himfelf now here, that the faid bill (or writ) of the faid J. B. be qualhed, i^c. ]udgmentfor tlie defendant, onde- im\itriv to a plea. (To the end of the demurrer-book, and then as follows :) At which day, before our faid lord the king at Wejimwjlery come the parties aforefaid by their attornies aforefaid : Whereupon all and Angular the premifes being feen, and by the court of our faid lord the king now here fully underftood, and mature en DEMURRER and nul tiel record. 2p7 mature deliberation being thereupon had, it appears to the faid court here, that the faid plea above pleaded by the faid C. D. in manner and form afore- faid, and the matters therein contained, are fufficient in law to bar the faid A. B. from having or main- taining his faid a£lion againft the faid C. D. There- Judgment fore it is confidered, that the faid A. B. take nothing by his faid bill, but that he and his pledges to pro- fecute be in mercy, ^c. and that the faid C. D. do go thereof without day, ^c. And it is further confidered, ^c. figned, &:c. (To the end of the iflue, and then as follows :) The like, on a I'll ir r • , 1 lit- ITT- n P'^^ of nu I tiel At which day, before our faid lord the kmg at Ivcji- recard. minjier, come the parties aforefaid, by their attornies aforefaid ; and the faid A. B. hath not here in court the record of the fuppofed recovery in the faid de- claration mentioned, but hath failed and made de- fault in producing the fame : Therefore it is confi- Judgment dered, that the faid A. B. take nothing by his faid bill, but that he and his pledges to profecute be in mercy, iffc. and that the faid C. Z). do go thereof without day, ^c. And it is further confidered, i^c. 298 JUDGMENTSycr Z/?'^ DEPENDANT J»> as well on occafion of the not performing certairt promifes and undertakings, made by the faid E. F. in his life-time to the faid A. B. as for his cofts and charges by him about his fuit in that behalf expended, whereof the faid C. D. is convidled, as appears to us of record, if the faid C. D. hath fo much thereof in his hands to be adminiftered j and if he hath not fo much thereof in his hands to be adminiftered, then that you caufe to be made /. parcel of the damages aforefaid, being for the cofts and charges aforefaid, of the proper goods and chattels of the faid C. Z). in your bailiwick ; and have that money, George the third, tsfc. To the fherifF of — — Fliri/adat 1» greeting : We command you, that of the goods and chattels of C D. in your bailiwick, you caufe to be made a certain debt of /. which A. B. lately in our court before us at Weftmhijler^ recovered againft him, and alfo /. which in our fame court be- fore us at Wejlmhijler aforefaid, were adjudged to the faid A. B. for his damages which he had fuftained, as well on occafion of the detention of the faid debt, as for his cofts and charges by him about his fuit in that behalf expended ; whereof the faid C D. is con- vi£led, as appears to us of record : And have that naoney before us at Weflminjler^ on next - after — — , to render to thtt faid A, B, for his debt % and 3o6 EXECUTION and damages aforefaid ; and have there then this writ. Witnefs, ^c, The like, in George the Tliird, ilfc. To the fheriiF of • debt jai tam. greeting : We command you, that of the goods and chattels of C. D. in your bailiwick, you caufe lo be made a certain debt of /. which yl. B. who fuedas well for us as for himfelf in that behalf, lately in our court before us at Wejlminjler^ recovered againll C. D. that is to fay, one moiety thereof to the faid A. B. who fued as aforefaid, to his own proper ufe, and the other moiety thereof to our own proper ufe ; (and if the judgment was for cofts, add, "and alfo /. which in our faid court before us were adjudged to the faid ji. B. who fued as aforefaid, and with his aflent, according to the form of the flatute in fuch cafe made and provided, for his cofts and charges by him. about his fuit in that behalf expended j") whereof the faid C. D. is convicted, as appears to us of re- cord : And have that money before us at Wejlmitifler^ on next after , to render one moiety thereof to us, and the other moiety thereof to the faid A. B. who fued as aforefaid; (oriftherearecofls,"onemoiety of the faid debt of /. to us, and the refidue thereof, as well as the faid fum of /, for the cofts and charges aforefaid, to the faid A. B.v/ho fued as afore- faid ;") and have there then this writ. Witnefs, ^c. The like, by and George the Third, CsV. To the {heriff of ^artnfrs'"'^^'""^ greeting : We command you, that of the goods and chattels of G. H. and J. K. in your bailiwick, you caufe to be made a certain debt of /. which A^ B. C. D. and E. F. in the life- time of the faid E, F. now deceafed, and whom the faid A. B. and CD. by ilERI YkClkS for PLAINTIFF. 307 C D. have furvived, lately in our court before us at Wefminjltr^ recovered againft the faid G. H. and J. K. and L. M. in his life-time now deceafed, and whom the faid G. H. and J. K. have furvived, and alfo /. which in our fame court before us at Wejlminjler aforeGiid, were adjudged to the faid A. B. C. D. and E. F. for their damages, is'c. whereof the faid G.Ji. J. K. and L. M. were con- vlfled, as appears to us of record ; and have that money, ^c> I George the Third, Is'c. Td the fherifF of — The like, againft greeting : We command you, that of the goods and admSraTorT^* chattels, l^c. vou caufe to be made a certain debt of ^'""' '(M"''h ' ^ Sec. /. which A. B. lately in our court before us at Wejlminjler^ recovered againft the faid C. D. as iexecutor (or adminiftrator) as aforefaid, and alfo /. which in our faid court before us at Wejl- minjler aforefaid, were adjudged to the faid A. B. for his damages, l^c. (as in 2. coKiwxiQn fieri facias \w debt) if the faid C. D. hath fo much tliereof in his hands to be adminiftered ; and if he hath not fo much thereof in his hands to be adminiftered, then that you caufe the damages aforefaid to be made of the proper goods and chattels in your bailiwick of the faid C. D. and have that money, ^t. G^o;-^^ the Third, Id'c To the fherifF of — — F/Vn/aaas ia greeting : We command you, that of the goods and chattels of C. D. in your bailiwick, you caufe to be made /. which A. B. lately in our court before us at Wejlminjler y recovered againft the faid C D. for his damages which he had fuftained, as well on 2C 2 occafion 3o8 ExEculrioN occafion of the breach of a certain covenant made between the faid A. £. and the faid C. D. as for his cofts and charges by him about his fuit in that be- half expended ; whereof the faid C. D. is convicted, as appears to us of record ; and have that money, In cafe. Por his damages which he had fuftained, as well on occafion of a certain grievance then lately com- mitted by the faid C. D. to die faid A. B. as for his cofts, ^c. In. trover. For his damages which he had fuftained, as well on occafion of the converting and difpofing of certain goods and chattels of the faid A, B. by the faid C, D. as for his cofts, l3fc. In amnion for For his damages which he had fuftained, as well * ' on occafion of the fpeaking and publifliing of certain falfc, fcandalous, malicious and defamatory v/ords, then lately fpoken and publiihed by the faid C. D, to of and concerning the faid A. B. as for his cofts. In replevin. For his daffia^s which he had fuftained, as well on occafion of the taking and unjuftly detaining of the cattle goods and chattels of the faid A. B. as for his cofts, ^c. In trefpafs. For his damages which he had fuftained, as well on occafion of a certain trefpafs then lately com- For by FIERI FACIAS for PLAtNTlFF. 3©9 For his damages which he had fuftained, as well J" trefpafs and ° ' affsult. on occafion of a certain trefpafs and affault then lately committed by the fald C. D. on the faid A, B. as for his cofts, ijfc. For his damages which he had fuftained, as well l" trefpaft and on occafion of a certain trefpafs and eje^ment then lately committed by the faid C. D. againft the faid A. B. as for his cofts, ^c. George the Third, if^c. To the chancellor of our To a county-pa- county-palatine of Lancajiery or to his deputy there, greeting : We command you, that by our writ under the feal of our faid county-palatine, to be duly made and directed to the fherifF of the fame county, you command the faid (heriff, that of the goods and chattels of C. D. in his bailiwick, he caufe to be made, tsfc. whereof the faid C D. is convifted, as appears to us of record : And have you that money before us at Wejlminjlery on — — next after , to render to the faid A. B. for his damages (or debt and damages) aforefaid j and have there then this writ. Witncfs, ^c. (As in a common fieri faciasy to the words, Ahtxfdrt facia s^ « whereof the faid CD. is conviaed, as appears '^'''f*""- to us of record :") And whereupon it is confidered in our fame court before us, that the faid A. B. have his execution againft the faid C. D. of the damages (or debt and damages) aforefaid, according to the force form and effedt of the faid recovery, by the default of the faid C. D. as alfo appears to us of re- cord J and have that money, i^c. , X 3 -^— where pf 310 EXECUTION The like, aftef • ■ whcrcof the faid C. D. Is convlfted, bfc. plcaor demurier, jir / t-'i- r • i \ r and alio /. which in our laid court before us were adjudged to the faid A. B. according to the - form of the {latute in fuch cafe made and provided, for his cods and charges by him laid out in and about the profecution of our writ oifcire facias, for having execution upon the f lid judgment, for the damages (or debt and damages) aforefaid : And whereupon it was after plea pleaded (or demurrer joined) there- in, confidered in our fame court before us, that the faid A. B. {hould have his execution again ft the faid C. D. of the damages (or debt and damages) afore- faid, according to the force form and efFe£l of the faid recovery, as alfo appears to us of record 5 and have the faid monies, i^c» The like, aguinft Whcreupon It is confidercd in our fame court the lands, &c. of a defendant, before US, that the faid A. B. have his execution for sn'infofventaa" ^^^ damages aforcfald, to be levied not on the per- fon, but on the lands goods and chattels of the faid C. D. by the default of the faid C. D. as^alfo appears to us of record ; and have that money, $5V. Entry of/w Aftcrwards, to wit, on the day of ■ ^ in /flc/as on therol', , . r ^ r • ^ a -n I and awaid of this fame term, the laid A. B. comes here mto court by his attorney aforefaid, and prays the writ of the lord the king of fcri facias, to be dire£led to the fheriffof , commanding him that of the goods, > and chattels of the faid C. D. in his bailiwick, he caufe to be made the damages (or debt and damages) aforefaid ; and it is granted to him, returnable before the faid lord the king at Weflmiufler, on next after •, the fame day is given to the faid A. B. J 9* at thai. h^' FIERI FACIAS yor DEFEKDANT. S^ at the fame place : At which day before tlie fald lord the king at Wejlm'wjlcr^ comes the faid A. B. by his attorney aforefaid ; and the faid flieriff of hath not fent the faid writ, nor hath he done any thing thereupon : Therefore, as before, let another writ be thereupon made, and dirc£ted to the faid fheriffof , commanding him in form aforefaid ; and it is granted, i5fc. returnable before the faid lord the king at IVeJlminJIer, on next after ; the fame day is given to the faid A. B. at the fame place. George iht Third, ^c. To the flierifr of — — Fieri facias on -ITT 1 1 r 1 11^ non-pros, for greetnig : We command you, that ot the goods and not declaring chattels of y^. i?. in your bailiwick, you caufe to be °Jlr^''^^f,f'f' J 'J dlejex or la'.ttat, made /. which lately in our court before us at ^^' We/ImifjJIer, were adjudged to C. D. according to the form of the ftatute in fuch cafe made and provided, for his cofts and charges by him laid out in and about his defence, of and upon a certain precept called a bill of Middlefexy (or our certain writ of ,) iffiied out of our faid court before us, at the fuit of the faid A.B. againft the faid C. D. for that the faid A. B. had not declared thereupon, in our faid court before us, by his bill or declaration in any perfonal adtion or cjedlment againft the faid C. D, before the end of term, in the year of our reign, being the next term after the appearance of the faid C. D. at the fuit of the faid y^. B. whereof the faid A. B. is convided, as appears to us of re- cord : And have that money before us at JVeJiminJIer, on ne:;t after , to render to the faid C. D. X 4 " for 312 nXECtlTION, &c. for his cofts and charges aforefaid ; and have ther then this writ. Witnefs, iJc. The like, by For his cofls and charges by him laid out in and original. about his defence, in a certain plea of trefpafs on the cafe upon promifes, to the damage of the faid A. B. of /. (or as the plea is) then lately com- menced and depending in our faid court before us, at the fuit of the faid J. B. againft the faid C. D. for that the faid Jl. B. had not profecuted his writ againft the faid C. D. in the plea aforefaid j whereof the faid A. B. is convidled, l^c. The like, for For hls cofts and charges by him laid out In and about his defence in a certain adlion of trefpafs on the cafe upon promifes (or as the adlion is), then lately commenced and depending in our faid court before us, at the fuit of the faid A. B. againft the faid C. D. for that the faid J. B. had not replied to certain pleas then lately pleaded by the faid C. D,- in the faid adllon, or further profecuted the fame; whereof the faid A. B. is convifted, iSc. The like, for For his cofts and charges, t^c. for that the faid not uirejoinmg. ^^ ^^ ^^^ ^^^ furrejoined to certain rejoinders then lately made by the faid C. D. in the faid adlion, or further profecuted the fame ; whereof, i^c. The like, for For his cofts and charges, ^c. for that the faid mot c iflue. «ot entering the ^ ^^ j^^j ^^^ entered a certain iflue (or certain iflTues) then lately joined between the faid A, B. and the faid C. D. in the faid adion, or further profe- cuted the fame j whereof, ^c,. 8 For RETURNS to FIERI FACIAS. 313 For his cofts and charges, If^c. for that the fald Jhcl)ke,ona ° ^ _ judgment as m A,B. had neglected to bring a certain iflue before «feofanoafuit. then joined in the faidadlion, on to be tried, accord- ing to the courfe and practice of the faid court ; whereof, ^c. For his cofts and charges by him laid out in and The like, on * about his defence in a certain adiion of trcfpafs on '*°" ""* the cafe upon promifes (or as the a£lion is), lately brought in our faid court before us, by the faid A. B. againft the faid C. D. for that the faid A, B, did not profecute the faid adlion ; whereof, ^c» For his cofts and charges by him laid out in and The like, on a about his defence in a certain a£iion of trefpafs on f^^^^^;, °^ the cafe upon promifes (or as the adlion is), lately profecuted in our faid court before us, by the faid A. B. againft the faid C. D. whereof, i^c. The within-named C. D. has no goods or chattels Return of rulh in my bailiwick, whereof I can caufe to be made the damages (or debt and damages) within-men- tioned, or any part thereof, according to the exi- gency of this writ. The anfwer of — — fherifF. By virtue of this writ to me diredled, I have Fterifea, caufed to be made of the goods and chattels of the within-named C. D. the damages (or debt and damages) within>mentioned j which I have ready before 314 RETURNS to FIERI FACIAS. before the lord the king, at the day and place within-contained, to render to the faid A. B. for his damages (or debt and damages) aforefaid, as within I am commanded. The anfwei , i^c. The like, upon By virtue, tifc. I made my mandate to the a «.W«.i tai- jj^jj.^ ^f ^^ j,^ efquire, of his liberty of, , who hath the execution and return of all writs and pro- cefs within the faid liberty, and without whom no execution of this writ could be made by me within the fame; which faid bailiff hath returned to me, that by virtue of my faid mandate to him thereupon dire£led, he hath caufed to be made of the goods and chattels of the within-named C. D. the damages (or debt and damages) within-mentioned ; and that he hath that money ready before the lord the king, at the day and place within-containedj as by my faid mandate he was commanded. The anfwer, ^c. Fieri fed for By Virtue, ^c. I have caufed to be made of the TJra as to the goods aiid chattels of the within-named C D. the refidue. ^^^^ q£ ^ which money I have ready before our lord the king, at the day and place within-con- tained, to render to the faid J. B. in part of his damages (or debt and damages) within-mentioned: And I further certify to our faid lord the king, that the faid C. D. has not any other or more goods or chattels in my bailiwick, whereof I can caufe to be made the refidue of the damages (or debt and da- mages) aforefi^id, according to the exigency of this writ. , The anfwer, i^c. By RETURNS to FIERI FACIAS. ^|f By virtue of this writ to me direfted, I have caufcd The like, and to be made of tlie goods and chattels of the \^^^L\i pan'of within-named C. D. to the value of /. And '*^« '"i" 'evied to the landlord for I further certify, that 1 have paid to the land- rent. lord of the premifcs on which the faid goods and chattels were taken, the fum of /. for • rent due to him for the faid premifes at lad j and that I have retained in my hands the fum oi" — — /. for poundage upon the faid fum of /. making together with the faid fum of /. the fum of — ~ /. and the remaining fum of — — /. I have ready, as within I am commanded : And the faid C. D' hath not any other or more goods or chattels in my baili\vick, whereof I can caufe to be made the refidue of the damages (or debt and da^ mages) within-fmeutioned, or any part thereof. The anfwer, ^c. By virtue, iJc. I have fent my mandate to The like, upon _ a marida-vi bal- the bailiff of the liberty of in my county, /ii;o,unvier fpecial who hath the execution and return or all writs and procefs within the, fame liberty, and with- out whom no execution of this writ by me could be made within the fame liberty; which faid bai- liff hath gnfweved me, that by virtue of the faid mandate to him dire£led, he took in execution divers goods and chattels of the within-named C. D. which he kept poffeffion of for the fpace of — — days, and at the expiration of that time fold by public au£lion, by the diredion of E. F. the attor- ney of and for the within-named A.B. and that the faid E. F. as fuch attorney of and for the faid A, B. was the higheft bidder for, and declared the buyer 3T6 returns to FIERI FACIAS.' buyer at fuch fale of divers of the fald goods and chattels, to the amount of A, wljich fum ftill re- mains unpaid ; and that the faid bailiff* caufed to be made of the faid goods and chattels fo taken in exe- cution, over and befides the faid fum of /.. the fum of /., out of which laft-mentioned fum of money- he paid to G. H. the landlord of the premifes whereon the faid goods and chattels were taken, the fum of — — /. for rent due to him at laft ; and that he alfo paid the fum of /. for king's taxes, due for and in refpeft of the faid pre- mifes, at the time of taking the faid goods and chat- tels ; and that he hath retained the fum of /. with the confent of the faid E. F. for the neceflary charges and expences of, and attending the keeping pofleflion of and felling the faid goods and chattels by au£lion as aforefaid, and alfo the fum of /. for poundage ; and the remainder of the faid fum of /. the faid bailiff hath paid to me, and I have the fame ready to render to the faid A. B. as within I am commanded : And the faid bailiff hath further anfwercd me, that the faid C. D. hath not any other or more goods or chattels in his liberty, whereof he can caufe to be made the refidue of the damages (or debt and damages) within-mentioned, or any part thereof : And I further certify and return, that the faid C. D. hath not any other or more goods or chat- tels in my bailiwick, whereof I can caufe to be made , the refidue of the damages (or debt and damages) aforefaid] or any part thereof. The anfwer, ^c. By RETURNS /(? FIERI FACIAS. 317 By virtue, isfc. I have taken goods and chattels That the flietiff r ^ •!• 1/^7^ 1 1 rii ^'•^ taken goo^s, of the within-named C. J), to the value 01 the da~ which remain ia mages (or debt and damages) within-mentloned, JJ^'nt'^/Lljer*. which goods and chattels remain in my hands unfold, for want of buyers ; therefore I cannot have that money before the lord the king, at the day and place within-contained, as I am within-commanded. The anfwer, tsfc. By virtue, tffc. I have taken goods and chattels of The like, whcr« the within-named C. D. to the value of /., and have*been^old have expofed them to fale from day to day, and have ^^^ th^'^fl^ «- *■ J J ' main in his thereof fold to the value of — — /., which money I hands, &c. have ready before the lord the king, at the day and place within-contained, to render to the within- named ^. B. as within I am commanded ; and the refidue of the goods and chattels aforefaid flill remain in my hands unfold, for want of buyers. The anfwer, l3c. The within-named C D. has no goods or chattels, N"!^a hona^ and nor any lay fee, in my bailiwick, whereof I can caufe ant is a beneiic«4 to be made the damages (or debt and damages) ^^'^^i^"^* within-mentioned, or any part thereof, as within I am commanded -, but I do hereby certify, that the faid C. D. is a beneficed clerk, to wit, redlor of the reftory (or vicar of the vicarage) and parifti church of — -— in my county ; which faid redlory (or vicarage) and parifh church are within the diocefe of the reve- rend father in God — ■ — by divine peruiiflion, lord bifhop of f— ^. The anfwer, ^f. •^tt EXECUTION ^y ALIAS, PLURlfeg, Kulla bona tejia- The within-named C. D. has no goods or chattels in'an^laioC"* which wcre of the withui-named E. F. at the time of agaif.it an exe- j^j^ death, ill his hands to bc adminiftercd, in my tutor or admini- ' flrator. baillwick, whereof I can caufe to be made the da- mages (or debt and damages) within-mentioned, or any part thereof ; and he has not any of his own proper goods or chattels, in my bailiwick, whereof I can caufe to be made the within-mentioned fum of /. parcel, ^r. (or in debt, " the damages aforefaid,") or any part thereof, according to the exirjcncy of this writ. The anfwer, iffc. The like, with a "pjig within-named C. D. has no goods or chattels* dtvafio'vit, . isfc. (as before) but divers goods and chattels which were of the faid E. F. at the time of his death, to the value of the damages (or debt and damages) within-mentioned, after the death of the faid E. Fi came to the hands of the faid C D. to be admini- ftercd ; which faid goods and chattels the faid C. D. hath before the coming of this writ to me dire£led| eloigned, wafted, and converted to his own ufe. The anfwer, i^d j/Jias or p!unes George the Third, is'c. To the fheriff of • jttnjaaas. greeting : We command you, as before (or as often- times before) we have commanded you, that of the: goods and chattels, is'c. (as in the former writs^ altering the return.) George \0N OMITTAS, fl«C? TESTATUM FIERI FACIAS. 3I9 . George the Third, i^c. To the fherlff of - Non omittas fieri ITT I 1 . • fucias. greeting : We command you, that you do not omit by reafon of any liberty in your county, but that you entgr the fame, and of the goods and chattels, ^c. George the Third, i^c. To tlie (herifF of Teflatum fieri greeting : Whereas we lately commanded our fheriff yjv."^ ' of that of the goods and chattels of C. D. m his bailiwick, he fhould caufe to be made /. which j4. B. lately in our court before us at We/^-, minjier^ recovered againft him, for his damages which he had fuftained, as well on occafion of the not performing certain promifes and undertakings, then lately made by the faid C. D. to the faid A. B. as for his colls and charges by him about his fuit ia that behalf expended j whereof the faid C. D. was convidled, as appe-ared to us of record ; and that the faid flieritF of fhould have that money be- fore us at Wejlminjler^ on next after to render to the faid A. B. for his damages aforefaid : And our faid flieriff of it that day returned to us, that the faid C. D. had not any goods or chat- tels in his bailiwick, whereof he could caufe to be made the damages aforefaid, or any part thereof : Whereupon on the behalf of the faid A. B. it is fuf- ficiently teftified in our faid court before us at Weji- minjler aforefaid, that the faid C D. hath fufficient goods and chattels in your bailiwick, whereof you may caufe to be made the damages aforefaid, and every part thereof : Therefore we command you, that of the goods and chattels of the faid C D. in your baili- wick, you caufe to be made the faid /. for the • damages aforefaid j and that you have that money before ^20 execution; before us at Weflminjiery on — next after — c-^, to render to the faid A. B. for his damages afore- faid J and have there then this writ. Witnefs, ^c» Entry offiri Afterwards, that is to fay, on the —— day of /a«'on"heroll! in this fame term, the faid A. B. comes here into court, by his attorney aforefaid, an^ prays the writ of the faid lord the king oi fieri facias^ to be direded to the IherifF of , commanding him that of the goods and chattels of the faid C D, in his bailiwick, he caufe to be made the damages (or debt and da- mages; aforefaid ; and it is granted to him, returnable before the faid lord the king at Wejlminjlery on ■ next after ; the fame day is given to the faid A. B. at the fame place : At which day before the faid lord the king at Wejlminflery comes the faid A. 5. by his attorney aforefaid ; and the Iheriff, to wit, fherifF of the county aforefaidj^^^^ hereupon returns to the faid lord the king at Wejlmhifler afore- faid, that the faid C. D. hath not any goods or chat- tels in his bailiwick, whereof hf can caufe to be made the damages (or debt and damages) aforefaid, or any part thereof : Whereupon on the behalf of the faid A, B. it is fufficiently teftified in the faid court of the faid lord the king before the king him-» felf, that the faid CD. hath fufficient goods and chat- tels in the county of ^whereof the (heriiF of that county may caufe to be made the damages (or debt and damages) aforefaid, and every part thereof : And thereupon the faid A. B. prays the writ of the faid lord the king of tejiatum fieri facias^ to be diredled to the (herifF of the faid county of , command- ing him that of the goods and chattels of the faid hy TESTATUM FIERI FACIAS. 321 C. D. in his bailiwick, he caufe to be made the da- mages (or debt and damages) aforefaid j and it if granted to him, returnable before the faid lord the king at WeJtminJJer, on next after ; the fame day is given to the faid A. B. at the fame place : At which day, before the faid lord the king at Wejlminjler^ comes the faid A. B. by his attorney aforefaid ; and the faid flieriff of thereupon returns to the faid lord the king at Wejlminjler afore- faid, that he hath caufed to be made of the goods and chattels of the faid C D. in his bailiwick, the fum of /. which money he has paid to the faid A. B. in part fatisfa£lion of the damages (or debt and damages) aforefaid ; and that the faid C. D. hath not any other or more goods or chattels in his bailiwick, whereof he can caufe to be made the re- fid ue of the damages (or debt and damages) afore- faid, or jy part thereof. George the Third, iffc. To our chancellor of our Ttflatum feri 1 • r T n 1-1 t facias, into a eounty-palatine o Lancajiery or to his deputy there, county -paUtbe. greeting : Whereas we lately commanded our {herifF of that of the goods and chattels of C D. in his bailiwick, he fliould caufe to be made, i^c. (re- citing the former writ to the end) : And our faid fherifF of —— at that day returned to us at Wejlm tnlnjler aforefaid, that the faid C. D. had not any goods or chattels in his bailiwick, whereof he could caufe to be made the damages (or debt and damages) aforefaid, or any part thereof; whereupon on behalf of the faid A. B. It is fulHciently tcftified in our faid court before us at Wejlminjler aforefaid, that th« faid C. D. hath fufEcient goods and chattel* in our T faid 211 . txEcuriOxN fnid coutity-palatine, whereof the damages (or debt and damages) af'orefaid may be made : T herefore we con)mand you, that by our writ under the feal of our faid couuty-palathie to be duly made, and di- rected to the (herifF of the fame county, you com- mand the faid iheriff, that of the goods and chattels of the faid C. D. in his bailiv/ick, he caufc to be made the damages (or debt and damages) aforefaid, fo that you may have that money before us at We/i- mifijferj on next after , to render to the faid ^. B. for his damages (or debt and damages) aforefaid ; and have there then this writ. Witnefs, T he like, from George the Third, is'c. To the flierifF of , a M^uii y p. a greeting : Whereas we lately commanded our chan- cellor of cur county-palatine of Lancajlery that by our writ under the feal of our faid county-palatine to be duly made, and directed to the flierifF of our faid county-palatine, he {hould command the faid {heriiF, that of the goods and chattels of C. D. in his bailiwick, he fliould caufe to be made, ^c. (reciting the former writ) : And our faid chancellor of our faid county-palatine at that day returned to us, that by vir- tue of the faid writ to him dire6led, he had by another writ under the feal of our faid county-palatine duly nnde, and diredled to the flierifF of the fame county, commanded the f - /. refi- due of the debt and damages aforefaid ; and have that money before us at Wejiminjier, on next after , to render to the faid A. B. for the refi- due of his debt and damages aforefaid j and have there then this writ. Witnefs, iSc. ^eftatum fieri fa. George the Third, ^c. To the (herifF of — , (Tws for the refi- due. greeting : Whereas by our writ we lately com- manded our (herifF of , that of the goods and chattels, ^c. (to the end of thtj^eri facias, and then as follows) : And our faid fiierifF of at that day returned to us, that by virtue of the faid writ to him directed, he had caufed to be made of the goods and chattels of the faid C D. — — /. parcel of the damages (or debt and damages) aforefaid, which money he had ready before us, at the day and place in the faid writ contained, as by the faid writ he was commanded ; and that the faid C. D. had Slot any other or more goods or chattels in his bailiwick, whereof he could caufe to be made the refidue of the damages (or debt and damages) afore- faid, or any part thereof: And becaufe it is fuf- ficiently teftified in our faid court before us, that the faid C. D, hath fufficient goods and chattels in your bailiwick, whereof you may caufe to be made the refidue of the damages (or debt and damages) aforefaid : Therefore we command you, that of the goods and chattels of the faid C. D. in your baili- wick, you caufe to be made /. refidue of the damages (or debt and damages) aforefaid ; and have that money before us at Wejlir.'mjler, on — — next sfteiT hy FIERI FACIAS y^/" /Zv RESIDUE. ^^7 after , to render to the faid A. B. for the re- fidue of his damages (or debt and damages) afore- faid i and have there then this writ. Witnefs, i^c. George the Third, ^c. To the HierlfF of , The like, where greeting: Whereas by our writ we lately com- V^^^o^^^a'. manded our Hieriffof , that of tlie goods and ^"" to a formrt chattels, isc. (nere recite the hxvi. fieri facias) : And our faid (herifFof — — at that day returned to us, that the faid C. D. had not any goods or chattels in his bailiwick, whereof he could caufe to be made the damages (or debt and damagesj aforefaid, or any part thereof: And thereupon, on behalf of the faid A. B. it was fufficiently teftified in our fiiid court before us, that the faid C, D. had fufficient goods and chattels in your county, whereof the damages (or debt and damages) aforefaid might be fully made ; whereupon, by our certain other writ, we commanded the then flierifF of your faid county, that of the goods and chattels of the faid C. D. m his bailiwick, he fhould caufe to be made the da- mages (or debt and damages) aforefaid ; and that he (hould have that money before us at IVefimifJlery on ■— next after laft paft, to render to the faid A.B. for his damages (or debt and damages) afore- faid : And the faid then (lierlff of your faid county on that day returned to us, that by virtue of th« faid writ to him diredled, he had caufed to be made, \^c. (as in the laft): And now on behalf of the faid A. B. it is further fufficiently teftified in our faid court before us, that the faid C. Z>. hath fufticlent goods and chattels in your bailiwick, whereof the refidue of the damages (or debt and damages) afore-» V 4 faid 3Z8 EXECUTION faid may be fully made : Therefore we command you, that of the goods and chattels of the faid A. B* in your bailiwick, you caufe to be made /. re- fidue of the damages (or debt and damages) afore- faid ; and have that money, i^c. The like, where the tejiatumi jirued into a eounly-palatJne. George the Third, i^c. To our chancellor of our county-palatine of LancaJIery or to his deputy there, greeting : Whereas by our writ we lately com- manded our fiieriff of , that of the goods and chattels, i^c. (reciting the firft Jieri facias) : And our faid ftieriffof at that day returned to us, that the faid C D. had no goods or chattels in his bailiwick, whereof he could caufe to be made the damages (or debt and damages) aforefaid, or any part thereof: And it was thereupon fufficiently tef- tified in our faid court before us, that the faid C. D. had fufficient goods and chattels in our faid county-, palatine, whereof the damages (or debt and da- mages) aforefaid might be fully made : Whereupon, by OMX v/x\i oi tejlatum Jiiri faciasy we lately com- manded our chancellor of our faid county-palatine, that by our writ under the feal of our faid county- palatine to be duly made, and directed to the fheriff of the faid county, he fliould command the faid fherifF, that of the goods and chattels of the faid C. D. in his bsiliwick, he fliould caufe to be made the damages (or debt and damages) aforefaid j and that the faid fheriff fhould have that money before? us at Wejlminjier, on next after • , to ren- der to the faid A. B. for his damages (or debt and damages) aforefaid : And our faid chancellor of our faid county-palatine at that day returned to uSj that by FIERI FACIAS for the RESIDUE. '^^j^ by virtue of the faid writ to him dire£led, he had by another writ under the feal of our faid county-pala- tine duly made, and dirc£led to the fheriffof the fame county, commanded the faid (heriff, as by the faid writ of teftatum jieri facias he M'as commanded ; -which faid (heriff, in anfwer to the faid laft-men- tioned writ, i»ad returned to our faid chancellor, that by virtue of the faid writ to him diredled, he had caufed to be made, ^c, (as in the two former writs) : And now on behalf of the faid srf. B. it is further fufficiently teftified in our faid court before us, that the faid C. V. hath fufficient goods and chattels in our faid county-palatine, whereof the refitue of the damages (or debt and damages) afore- faid may be fully made : Therefore we command you, that by cur writ under the feal of our faid county-palatine to be duly made, and diredred to the (herifF of the fame county, you command the faid iheriff", that of the goods and chattels of the faid C. D. in his bailiwick, he caufe to be made • /. xefidue of the damages (or debt and damages) afore- faid J and that he have that money, ^c. George the Third, l^c. To the reverend father In Fieri facias i}e €fod by divine permiffion, lord bifhop of , \adJ)X, ^■'^''•'"^*** greeting : "We command you, that of the ecclefiafti- cal goods of C, D. clerk, in your diocefe, you caufe to be made a certain debt of /. which A. B, lately in our court before us at Wejim\nf}er^ recovered againft him, and alfo /. which in our faid court before us at IVeJiminJier aforefaid, were adjudged to the 33Q EXe.CUTION by FIERI FACIAS, &C. the {d.\AA.B. for his damages which he had fuftaiu- ed, as well on occafion of the detention of the faid debt, as for his cofts and charges by him about his fuit in that behalf expended ; whereof tlie faid G. D. is conviiSled, as appears to us of record : And have that money before us at Wejlminjlery on next after , to render to the faid A. B. for his debt and damages aforefaid : And whereupon our fherifF of — — returned to us at Wejlminjler afore- faid, on next after in this fame term, (or in term laft paft,) that the faid C. D. had not any goods or chattels, or any lay fee, in his bailiwick, whereof he could caufe to be made the debt and damages aforefaid, or any part thereof; and that the faid C. D. was ^ beneficed clerk, to wit, re£lor of the re6lory (or vicar of the vicarage) and parifli church of in the faid fheriff's county, and within your diocefe •, and h^ve there then this writ. Witnefs, ^c. Entry thereof. The fherifF wag comman^ied, that of the goods and chattels of C. D. in his bailiwick, he fliould c^ufe to be made , a certain debt of /. which A. B. lately in the court of the lord the king before the king him- felf here, recovered againft him, and alfo — — /. which in the fame court here were adjudged to the faid A. B. for his damages which he had fullained, as well on occafion of the detention of the faid debt, as for his cofts and charges by him about his fuit in that behalf expended, whereof the faid C. D. was convided ; and that the faid fherifF fliould have that money before the faid lord the king here, on this day, that is to fay, on next after — — , to ren-. 9 ^^^ agcihljl BENEFICED CLERK9. 331 der to the faid A. B. for his debt and damages aforc- faid : And now here at this day, comes the faid A. B. by his attorney ; and the fheriff now here returns, that the faid C. D. hath no goods or chat- tels, nor any lay fee in his bailiwick, whereof he can caufe to be made the debt and damages afore- faid, or any part thereof; and that the faid C^. is a beneficed clerk, to wit, reftor of the re£lory (or vicar of the vicarage) and parifli church of in the faid flierifF's county, and within the diocefe of r : Therefore it is commanded to the reverend father in God by divine permiffion, lord bifhop of , that of the ecclefiaftical goods of the faid CD, in his diocefe, he caufe to be made the debt and damages aforef.iid ; and that he have that money here, on next after to render to the faid A. B. for his debt and damages aforefaid, i^c. George the Third, l^c. To the right reverend fa- Se jaaaj for the q^^ ^ j-yi„g permiffion, lord bifhop of , jefitiue, de boms y r » r ' *ulefiap:u. greeting : Whereas by our writ we lately command- ed you, that of the ccclefiaftical goods of C. D. clerk, in your diocefe, you fliould caufe to be made a cer- tain debt of /. which ^, B. lately in our court before us at We/imhijer, recovered againft. him, and alfo /. which in our faid court before us at Wejiminjier aforefaid, were adjudged to the faid A. B, for his damages which he had fuftained, as well on cccafion of the detention of the faid debt, as for his cofts and charges by him about his fuit in that behalf expended ; whereof the faid C, D. was convicted, as appeared to us of record ; and that you {hould have that money before us at Wejiminjier^ on — — next after , to render to the faid A. B. for his debt and damages aforefaid : And whereupon our fnerifr of had then lately returned to us at Wejiminjier aforefaid, that the faid C. D. had no goods or chattels, nor any lay fee, in his bailiwick, whereof he could caufe to be made the debt and da- mages aforefaid, or any part thereof; and that the faid C. D. was a beneficed clerk, to wit, reftor of the r»£loiy againjl BENEFICEt* CLERKS. 333 tiB.ory (or vicar of the vicarage) and parlfli church of in the faid (herifF's county, and within your diocefe : And you at that day returned to us, that by virtue of the faid writ to you directed, you had caufed to be made of the ecclefiaftical goods of the faid C. D. in your diocefe /. parcel of the debt and damages aforefaid j and that the faid C. D. had no ecclefiaftical goods in your faid diocefe, whereof the refidue of the debt and damages aforefaid, or any part thereof, could be made : Therefore v^^c com- mand you, that of the ecclefiaftical goods of the faid C. D. in your diocefe, you caufe to be made /. refidae of the debt and damages aforefaid ; and that you have that money before us at Wejlminflery on ■ next after , to render to the faid A. B. for the refidue of his debt and damages aforefaid ; and have there then this writ. Witaefs, ^c. George the Third, iJc. To the right reverend F^en pdona father in God by divine providence, archbiftiop ji C^vh e.chpf. of Canterbury, primate of all Englafid, and metropo-' ''■■'> dur4ng thar J' ^ c> ' i vacancy or a litan, greeting : We command you, that of the ecck- bifr.op's fee. fiaftical goods of C. D. clerk, in the diocefe of • which is within the province of Canterhuryy as ordi- nary of that church, the epifcopal fee of now- being vacant, you caufe to be made, ^c. " ' by divine permiffion, biftiop of To Scquefiranon, our well-beloved in ChrJjl, E. F. of, ^c. greeting : Whereas we have with all due reverence, lately re- ceived his majefty's writ hereafter fet forth, ifiuing out of his faid majefty's court of King's Bench, in the words following, to wit : Qeorge the Third, cift-. (here 334 EXECUTION hy FIERI FACIAS, &C. (here copy the fieri facias de bents eccleftajllcis to tlic end, and then proceed as follows :) On v/hich faid writ, there was and is a certain indorfement lii writing, diredling us to levy /. and the yearly payment of /. befides all expences of .fequeftra- ticrf and levy : We therefore, proceeding by virtue of and in obedience to the faid writ, and inafmuch as in us lies duly executing the fame, have fequeftrated all and fingular the tithes, fruits, profits, oblations, obventions, and all other ecclefiaflical rights and emoluments of and belonging to the redlory (or vicarage) and pari{h church of in the comity of and diocefe of , of which th» faid C. D. mentioned in the faid writ, is the prefent re£lor (or vicar), and by thefe prefents do fequefter the fame, and give and grant unto you the faid E. F. full power and authority to fequeftrate, colledl;, levyj gather and receive all and fingular the tithes, fruits, ptofits, oblations, obventions, and all other eccle- fiailical rights and emoluments of and belonging to the re6tory (or vicarage.) and parifh church of — — aforefaid, and the fame to fell and difpofe of, and the money aiifing therefrom to apply to and for the due payment of the debt and coils in the faid writ mentioned, fubjedl to the faid indorfement on the faid writ, and alfo fubje£t to a decree made and in- terpofed by us, on the day of in the year of our Lord 179- , in a certain caufe or bufinefs de- pending before us in judgment agalnft the faid C. JJ. that the faid fruits, profits and emoluments what- foever of the faid re£lory (or vicarage) and parifli church of • (liould be fequeftrated for and during the fpr.cc of three years, to the end that the faid parifli agaiii/i BENEFICED CLERKS. 33^ panfli church and cure of fouls within the Aime might be duly fupplied with the performance of di- vine fervice, and that the parfonage-houfe, together with the other buildings and fences on the prcmifes, might be put and kept in fubflantiai repair, and that ■ ^ all duties and impofitions incumbent on the fald redtory (or vicarage), might be difcharged, andfub- jecl alfo to the execution of the fame decree ; and alfo to publifli or caiife to be publifhed this our prefent fequeftration, in the parifh church of — — aforefaid, during the celebration of divine fervice therein, and in fuch fit terms, and in fuch fit places, as to you fhall feem moft proper and expedient : hereby requiring you to take care and provide, that during this our prefent fequcftration, the cure of fouls within the faid parifh of be well, duly and canonically fupplied with the performance of divine fervice, by fome fit and able minifter, to be approved of or nominated by us or our fucceflbrs, if occafion Ihall require, and that the faid parfonage- houfe, together with the other buildings and fences on the premifes, may be repaired and kept and con- tinued in fubftantial repair, and all tenths, fubfidles, procurations, fynodals, and all other impofitions, both ordinary and extraordinary whatfoever, incum- bent on and payable out of the faid re£lory (or vicarage) be well and duly fatisfied, anfwered and paid, during the continuance of this our prefent fe- qucftration ; and laftly, that you make and render before us, or our vicar-general and official princi- pal, or other competent judge in this behalf, a true juft and faithful account of and upon your receipts and dilburfements in your cfiice of fe^ue.^rator, when 33<5 EXECUTION h;^ FIERI FACIAS when and at fuch time or times as you (hall be there* unto lawfully required : In wltnefs whereof, we have caufed the feal of office of the worfhipful — — dodtor of laws, our vicar-general and official prin- cipal, which we ufe in this behalf, to be affixed to thefe prefents. Dated at the day of in the year of our Lord 1 79 - and in the '— — year of our tranflation. Wrjlt, Fieri facial jGeoKge the Third, if^c. To the (herifF of — — , sgainlt an exc- . _^^, , , cutor or admi- greeting : AV hereas we lately commanded you, that r,iftraror ^. W. of the goods and chattels which were of E. F. ^t. xetMxn oi dt-uaj- ccafed at the time of his death, in the hands of C. D. executor of the laft will and teftament of the faid E. F. (or adminiftrator of all and fingubr the goods chattels and credits which were of the faid E. F. at the time of his dei:th, who died inteftate) to be adminiftered, in ycur bailiwick, you fhould caufe to be made, ^c. (reciting the Jieri facias de lonis iejlatorisf &c,) And you at that day returned to us, that the faid C. D. had no goods or chattels, which were of the faid E. 2*'. &c. (reciting the fhe- rifF's return): Therefore we command you, that of the proper goods and chattels of the faid C. D. in your bailiwick, you caufe to be made the faid /. and havo that money before us at Wejlminjler^ on next after , to render to the faid A. B. for his damages (or debt and damages) aforefaid j and have there then this writ. Witnefs. t^c. George agahi/f EXt.Cvrons, &C. de bonis proprl'ts, 337 George the Third, i^c. To the (herifF of ■, The like; after a . devafiav'tt re- greetmg : Whereas we lately commanded our Iheriff turned on a ff^j- of , that of the goods and chattels, ^c. (re- '««/'"/""-'• citing the firfl: writ oi fieri facias de bonis iejiatoris, &c.) And our faid (herifF of — — at that day re- turned to us at Wejiminjler aforefaid, that the faid C. D. had no goods or chattels, ^c. (reciting the ftieriff's return of nulla botiOj for which vide antef p. 318.) "Whereupon on behalf of the faid A. B. it was fufficiently teftified in our faid court before us, that the faid C. D. had fufRcient goods and chattels^ which were of the faid E. F. at the time of his death, in the hands of him the faid C. D. to be admini- ftered, in your bailiwick, whereof you might caufe to be made the damages (or debt and damages) aforefaid ; And we therefore commanded you, that of the goods and chattels, ^c. (reciting the tejlatum fieri facias de bonis tejlatorisi &c.) And you at that day returned to us, ^c. (reciting the return of de- vq/lavity for which vide ante^ p. 318.) Therefore we command you, that of the proper goods and chattels of the faid C, D. in your bailiwick, you caufe to be made the damages (or debt and damages) aforefaid ; and have that money, l^c. 338 EXECUTION y^ndkhniex^ George the I'hird, ^c. To the fherlfF of , ^*'*^'' greetuig : Wliereas by our writ we lately commanded you, that of the goods and chattels, i^c. (here recite the fieri facias to the end) : And you at that day returned to us at Weflminfler afovefaid, that by vir- tue of the faid writ to you directed, you had taken gaods and chattels of the faid C. D. to the value of the damages (or debt and damages) aforefaid \ which fiid goods and chattels remained in your hands un- fold, for want of buyers : Therefore we being de- firous that the faid A, B. fhould be fatisfied his damages for debt and damages) aforefaid, command you, that you fell or caufe to be fold the goods and chattels of the faid C. D. by you in form aforefaid taken, and every part thereof, for the befl price that can be got for the fame, and at leaft for the da- mages (or debt and damages) aforefaid : And have the money arlfing from fuch fale, before us at Wefi^ minfery on next after , to tender to the faid A. B. for his damages (or debt and damages) aforefaid j and have there then this writ. Witr ' nefs, l^c, Theiikeforpsrt, George i\i& TlvLxA, Iff c. To the fheriiF of ]l'^d\i ididli. greeting : Whereas by our writ we lately command- ed you, that of the goods and chattels, ^c. (reciting the ftri facias): And you at that day returned to us at Wejluilnjler aforefaid, that by virtue of the faid WTit to you direy VENDITIONI EXPONAS, &C. have that money before us at Wejlmlnfterf at the day aforcfaid ; and that the faid C. D. had no other or more goods or chattels in your bailiwick, whereof you could caufe to be made the refidue of the damages (or debt and damages) aforefaid, or any part thereof^ as by the faid writ you -vC^ere commanded : Therefore we comniand you, that you expofe to fale the goods and chattels of the faid C. D. by you In form aforefaid taken ; and have the faid ■ /. parcel, ^c. before us at Wejlminjler^ on — — next after , to ren- der to the faid A. B. for fo much of the damages (or debt and damages) aforefaid : We alfo command you, that of the goods and chattels of the faid C. D: in your bailiwick, yoii caufe ^o be made /. refidue of the damages (or debt and damages) afore- faid ; and have' that money, together with the faid — — /. parcel, l^c. before us, at the day and place aforefaid, to render to the faid A. B. for his damages (or debt and damages) aforefaid ; and have there theri this writ. Witnefs, i^c» 33i> The (herlfF was commanded, that of the goods Entiy of -z^fflA- tloni exponas and and cnattels of CD. in his bailiwick, he fhould return, W award caufe to be made /. and that he (hould have "^e refidu"!'* that money before the lord the king at Wejlminjiery on next after — -— to render to A, B. for his damages, (or debt and damages,) ^c. (as in a fieri facias) : At which day before the faid lord the king at Weflinhfiery comes the faid A. B. in his proper perfon \ and the (herifF returns, that by virtue of th6 writ of the faid lord the king to him thereupon di- fe George the Third, t^c. To the fheriff of — — — , The like for part greeting : We command you, that you diftrain E. F. ^^J, f^A"he &c. (as in lad writ to the words, " iffues of the "fidue. fame," and then as follows :) fo that he expofe to fale thofe goods and chattels which were of C. D, in your bailiwick, to the value of — — /. parcel of a certain debt of /. which A. B. lately in our court before us at WeJIminJlery recovered againft him, and alfo /. which in our faid court were ad- judged to the faid A. B. for his damages which he had fuftained, as well on occafion of the detention of the faid debt, as for his cofts and charges by him about his fuit in that behalf expended, whereof the faid C. D. is convicted, as appears to us of record ; and which goods and chattels he lately took by vir* tue of our writ, and which remain in his hands unfold for want of buyers, as the faid late fheriff returned to us at Wejlminjler, on, l2?c. laft paft ; and have that money before us at Wejimitifier^ on '. pext after to render to the faid A, B. for 23 fo 342 EXECUTION fo much of his debt and damages aforefald : We aiio command you, that of the goods and chattels of tht- faid C. D. in your bailiwick, you caufe to be made ■ /. refidue of the debt and damages aforefaid j and have that money before us at Weftmtnftefy on the day lafl: aforefald, to render to the faid A. B for the refidue of his debt and damages afore- faid ; and have there then this writ. Witnefs, fe"V. Jtimfio habenJa George thc Third, t^fc. To the fherlfF of » *noZlrlTior "" greeting : Whereas C. D. was fummoned to be iii want of a de- ^yy^ court before us, to anfwer A. B. of a plea where- claration, . . . ' fore he took the cattle goods and chattels of the faid A, B. and unjuftly detained them againft fureties and pledges, as it is faid : And the faid y^. B. afterwards in our fame court before us made default ; wherefore it was confidered in our fame court, that he and his pledges to profecute (hould be in mercy, t^c. and that the faid C. D. (hould go thereof without day, i^c. and that he (hould have a return of the faid cattle goods and chattels : Therefore we command you, that without delay you caufe the faid cattle goods and chattels to be returned to the faid C, D. and that you do not deliver them on the complaint gf the faid A. B. without our writ, which makes exprefs mention of the judgment aforefaid ; and in what manner you Ihall execute this our writ, make appear to us oh — ---', wherefoever we ihall then be in England', and have, there this writ. Witnefs, to ly RETORNO HABENDO. 343 / .—— to wit. C. D. by hit. attorney ofFered him* 'FAtry thereof felf on the fourth day againll A. B. of a plea where- fore he the faid C. D. took the cattle goods and chattels of the faid A. B. and unjuftly detained them againft furcties and pledges, ^c. And the faid A. B. being folemnly called, came not -, and was the plain- tiff, y^. : Therefore it is confidered, that he and his pledges to profecute be thereupon in mercy, i^c. and that the faid C. D. go thereof without day, ^V. and that he have a return of the faid cattle goods and chattels, ^c. and let the names of the pledges be inquired, l^c. and in what manner, isfc. let the flieriff make appear to the lord the king, on , wherefoever, ^c, George the Third, ^c. To the fherilF of ^ The like, on a greeting: Whereas C. i>. was fummoned to be In "^{'/^l^HZu our court before us, to anfwer A. B. in a plea where- fore the faid C, D. on the — — day of in the year of our lord 1 79 - , at the parifh of — in the county of , in a certain place there called — — , took the cattle goods and chattels of him the faid A. B. to wit, ^c. (here fetout the cattle and goods, as in the declaration,) and unjuftly detained the fame againft furcties and pledges until, ^c. as it "Was faid : And the faid C. D. appearing in our faid court before us, for certain caufes by him alledged In our fame court, as bailiif of E. F. well acknow- ledged the taking of the faid cattle goods and chat- tels, in the faid place in which, ^c. and juftly, ^c. for damage there done (or for certain arrears of rent, to wit, for the fum of — — /. due and In arrcar from the faid A. B, to the faid C. D. for the faid z 4 place, 344 E^ECTTTION place in which, ^c. with the appurtenances, held and enjoyed under and by virtue of a certain demife thereof, made by the faid C. D. for the fpace of next before and ending on the day of ' ■■ ■ in the year of our Lord 179-:) Whereupon the fald A. B- being afterwards folemnly called in our faid court before us, came not, nor did he fur- ther profecute his writ aforefaid : Wherefore it was eonfidered in our faid court before us at WeJIminJiery that the faid A. B. fliould take nothing by his writ aforefaid, but that he and his pledges to profecute Ihould be in mercy, ^c. and that the faid C. D. fhould go thereof without day, i^c. and that he fliould have a return of the faid cattle goods and chattels ; Therefore we command you, that without delay you caufe the faid cattle goods and chattels to be returned to the faid C. D. and that you do not deliver them on the complaint of the faid A. B. without our writ, which makes exprefs mention of the judgment aforefaid; and in what manner you (hall have executed this our writ, make appear to us on wherefoever, ^Jc \ and have there this writ. Witnefs, i^c. Thel'ike, and George the Third, l^c. To the fheriff of , Gf damagesT"^^ greeting : Whereas C. D. v^'as fummoned to be in our court before u£, i^c. (as in the laft, to the end of the judgment for a return, and then as follows :) and alfo that the faid C. D. ought to recover againft the faid A. B. his damages on occafion of the pre- jnifes, according to the form of the ftatute In fuch cafe made nnc' provided : Therefore we command ypu, that without delay you caufe the faid cattle goods and chattels to be returned to the faid C. D. iy ELEGIT. 345 Uc. (as In the laft, to " wherefoever, ^c") ; and alfo that by the oath of honeft and law ful men of \our county, you iligently inquire what damages the faid C. D. hath fuftained, as well on occafion of the premifes, as for his cofts ard charges by Lim ^bout his fuit in this behal'" expended ; and the inqnfition which you fhc'i' chereupon take, make appear to us at the aforefaid time, wherefoever, ^c. under your feal, and the feals of thofe by whofe oath you fliall 'take that inquifitlon -, and have there the names of them by whofe oath you fliall take that inquifition, and this writ. Witnefs, i^^c. Ceorge t\\tT\\\xA, Isfc To the flicrilFof •, Fiez^t- greeting : Whereas A. B. lately in our court before us at WeJlmitiJIer, by bill without our writ, (or by ori- ginal, by our writ,) and by the judgment of the fame court, recovered againft CD. A, which in our faid court before us were adjudged to the faid A. B, for his damages which he had fuftained,as well on oc- cafion of the not performing certain promifes and undertakings then lately made by the faid C. D. to the faid A. B. (or if in debt, " recovered againft the faid C. D. a certain debt of /. and alfo , v/hich in our fame court were adjudged to the faid A. B. for his damages which he had fuftained, as well on occafion of the detention of the faid debt,") as for his cofts and charges by him about his fuit in that behalf expended ; whereof the faid C. D. is conviftcd, as appears to us of record : And after- wards. '3 4 6 EXECUTION - wartls, the faid ^. B, came into our court before ti$, and according to the form of the ftatute in fuch cafe made and provided, chofe to be delivered to him all tlie goods and chattels of the faid C. D. except the -oxen and beads of his plough, and alfo a moiety of all the lands and tenements of the faid C. D, in your bailiwick ; to hold to him the faid goods and chattels, as his proper goods and chattels, and to hold a moiety of the lands and tenements aforefaid to him and his affigns, as his freehold, according to t!ie form of the faid ftatute, until the damages (or debt and damages) aforefaid (hould be thereof fully levied : Therefore we command you, that without delay you caufe to be delivered to the faid j^. B. by a reafonable price and extent, all the goods and chattels of the faid C. D, in your bailiwick, except the oxen and beafts of his plough, and alfo a moiety of all the lands and tenements in your bailiwick, whereof the faid C D. or any perfon or perfons in truft for him, on the day of in the ■ year of our reign, (the day of figning judgment,) o,n which day the judgment aforefaid was given, or ever afterwards, was feized ; to hold tlie faid goods and chattels to the faid A. B. as his proper goods and chattels, and alfo to hold the faid moiety of the lands and tenements aforefaid to him and his affigns, as his freehold, according to the form of the ftatute aforefaid, until the damages (or debt and da- mages) aforefaid ftiall be thereof f\illy levied ; and ia what manner you ftiall have executed this our writ, make appear to us at Wejlminjlery on next after — — under your feal, and the feals of tl^ofe. thereon. ly ELEGIT. 34^ ihofe by whofe oath you fhall make the faid extent and appraifement j and have there then tliis writ. Witnefs, isfc to wit. An inquifition indented, taken at inquifiiioq »■ - in the county of , ftie day of — in the year of the reign of our fovcreign lord George tlie Third, by the grace of God of Great Britaitty France and Ireland king, defender of the faith, l^c. and in the year of our Lord 1 79 -, before me .. flierifF of th^ county aforefaid, by virtue of his majefty's writ to me directed, and to this in- quifition annexed, by the oath of E. F. Sec. twelve honeft and lawful men of the county aforefaid, who being fworn and charged, fay upon their oath that C. D. named in the faid writ to this inquifition an- nexed, on the day of taking this irtquifition, was poflefled of the goods and chattels following, to wit, — . of the price of , ^c. (here fet out the goods, and the price or value of them,) as of his own proper goods and chattels; which faid goods and chattels I the faid flierifF have caufed to be deli- vered to the faid A. B. to hold to him the faid goods and chattels, as his own proper goods and chattels, in part fatisfadlion of his damages (or debt and damages) in the faid writ mentioned : And the jurors aforefaid upon their oath further fay, that the faid C. D. on the day of in the — — ^ year of his faid majefty's reign, being the day oti which the judgment in the faid writ fpecifie^ was ■given, was feized in his demefne as of fee of and in cue mefluage, and one clofe of pafture thereto" ad- Joining, with the appurtenances, containing by efti- tnation 348 EXECUTION ination acres more or lefs, fituate lying and being in tlie parifh of in the county aforefaid, and now or late in the tenure or occupation of , and being of the clear yearly value of /. in all ifliies, beyond reprifes j and alfo of and in one other clofe, ^c. and (if the preraifes are in mortgage, fay) which faid premifes are fubjedl to a mortgage made thereof by the faid C. D. to one E. F. of, &e. by indenture bearing date, t^c. for the term of— years, at the yearly rent of one pepper-corn, fubje^l to redemption, on payment of /. and interefl; at 5 /. per cent, per antiiim, at a day fince paft : And the jurors aforefaid upon their oath aforefaid further fay, that the faid melTuage, i^c. (defcribing a moiety of the premifes,) fubjeftas aforefaid, are a true and equal moiety of all and fnigular the lands and tene- ments of the faid C. D. in the faid writ named, or any perfon or perfons in truft for him, in my county j which faid moiety I the faid fherifF, on the aforefaid day of taking this inquifition, have caufed to be de- livered to the faid J. B. in the faid writ named, fub- jedl as aforefaid, by a reafonable price and extent j to hold to him and his afligns, as his free tenement, according to the form of the (latute in fuch cafe made and provided, until he fliall have thereof fully levied the faid damages (or debt and damages) in the faid writ fpecified, as by the faid writ it is corar manded : And laflly, the jurors aforefaid upon their oath aforefaid fay, that the faid C. D. in the faid writ named, on the aforefaid day of taking this in- quifition, had not any other or more goods or chat-? tels in my bailiwick ; nor had he, or any perfon or perfons in tiull for him, on the day the judgment aforefai4 by ELEGIT. 349 aforefaid was given, or at any time afterwards, any other, or more lands or tenements in the county aforefaid, to the knowledge of the faid jurors. In witnefs whereof, as well I the faid fheriff, as the jurors aforefaid, have fet our feals to this inqui- fition, on the day and year, and at the place afore- faid. Afterwards, that is to fay, on — — next after Award of eUgtt then next following, before the faid lord the king at Wejlmwjiery comes the faid A. B. by his at- torney aforefaid, and according to the form of the llatute in fuch cafe made and provided, choofes to be delivered to him all the goods and chattels of the faid C. D. except the oxen and beafts of his plough, and alfo a moiety of all the lands and tenements of the faid C. D. to hold to him the goods and chat- tels aforefaid, as his proper goods and chattels, and to hold a moiety of the lands and tenements afore- faid to him and his afiigns, as his freehold, accord- ing to the form of the ftatute aforefaid, until the damages (or debt and damages) aforefaid fhall be thereof fully levied j and he prays the writ of the faid lord the king thereupon, to be diredled to the flieriffof , and it is granted to him, ^c. re- turnable before the faid lord the king at Wejlminjlery on — — . next after » ; the fame day is given to the faid A. B. there, i^c. At which day, before the f lid lord the king at TFeJiminJler, comes the faid A. B. by his attorney aforefaid ; and the flierifF, to wit, efquire, fheriff of the county aforefaid, now here returns the writ aforefaid to him in form aforefaid dire^f^ed, in all things ferved and executed, II together 2$0 EXECUTION togethelf with a certain inquifition to the faiJ writ annexed, taken before the faid (herifF in the pre- niifes, by virtue of the faid writ ; which faid inquiO- tion follows in thcfe words, that is to fay : ■ to wit. An inquifition, ^c. (here copy the inquifition.) RK'tlck, George the Third, ^c. To the flierifF of ,' greeting: Whereas A. B. lately in our court before us at TFeJhninJler^ &c. (reciting the firft writ.) And yon on that day returned to us at Wefiminjler^ a cer- tain inquifition indented, taken before you at ■ — on the day of — — laft pad, by the oath, ^c. whereby it is found, Ijfc. (reciting the return.) Aud becaufe we are now given to under- itaud, in our faid court before us, that the faid C D. at the time of giving the judgment aforefaid and afterwards had, and (till hath divers other lands and tenements in your county, befides thofe which are mentioned in the return above fet-forth, one moiety of which faid other lands and tenements the faid A. B. ought alfo to have in execution, for the more fpeedy recovery of his damages (or debt and damages) - aforefaid j wherefore the faid A. B. hath humbly befought us, that he may fo have them, according to due courfe of law : Therefore we command you, that you caufe to be delivered to the faid A. B. in the prefence of the faid C. D. to be warned on that occafion if he will attend, a moiety of all the other lands and tenements of the faid C. D. in your bai- liwick, as well as of thofe whereof a moiety is be- fore extended in execution, for the payment of the damages (or debt and damages) aforefaid ; to hold to tke faid A. B. and his affigns, as his freehold, acr cording hy ELEGIT 351 cording to tlie form of the ftatiite aforefaid, until the dvimages (or debt and damages) aforefaid (hall be thereof fully levied : And in what manner you fliall execute this our writ, ^c. George the Third, i^c. To the flierifF of , ELg^.t for the "greeting: Whereas A. B. lately in our court before fieri facLs. us at WeJlmhiJJtr, by bill without our writ, (or by ori- ginal, by our writ,) and by the judgment of the fame court, recovered, IJc. (as in a common elegit^ to the words, <* as appears to us of record,") and where- upon by our writ we lately commanded you, that of the goods and chattels, ^V. (reciting the Jicri fadas,) And you at that day returned, iSc. (reciting the re- turn :) And afterwards, the faid A. B. came into our court before us, and chofe to be delivered to him all the goods and chattels of the faid C. D. in your bailiwick, except the oxen and beafls of his plough, and alfo a moiety of all the lands and tene- ments of the faid C D. in your bailiwick, by a rea- fonable price and extent; to hold to him and his afTigns, according to the form of tlie ftatute in fuch cafe made and provided, until /. reHdue of the damages (or debt and damages) aforefaid, Ihould be thereof fully levied : Therefore we command you, i^c. (as in a common ehgity to the words " according to the form of the ftatute aforefaid,") until the faid — -/. refidue of the damages (or debt and damages) aforefaid, (hall be thereof fully levied; and in what manner you (hall have executed this our writ, {^c. 352 EXECUTION Habere fadai Geoigc the Third, &c. To the fherliT of , tjfimen't '" gtecting : Whereas A, B. lately in our court before us at Wejiminjler^ by bill without our writ, (or if by original, by our writ,) and by the judgment of the fame court, recovered againft C D. his term then and yet to come of and in two dwelling-houfes, i^c. (as in the declaration in ejetlment,) with the appur- tenances, fituate lying and being in the parilh of in your county, which E. F. on the day of in the — ~ year of our reign, had demifed to the faid A. B. to hold the fame to the faid A. B. and his afligns, from the day of then laft paft, for and during and unto the full end and term of • years from tlience next enfuing, and fully to be complete and ended ; by virtue of which faid demife the faid A. B. entered into the faid tene- ments with the appurtenances, and was poffeffed thereof, until the faid C. D. afterwards, to wit, on the day of in the — — year aforefaid, with force and arms, ^c, entered into the faid tene- ments with the appurtenances, which the faid £. F, had demifed to the faid A. B. in manner and for the term aforefaid, which was not then nor is yet ex- pired, and ejeded the faid A. B. from his faid farm ; whereof the faid C* D. is convi6>.ed, as appears to us of record : Therefore we command you, that tvithout delay you caufe the faid A. B. to have the pofleflion of his faid term yet to come of and in the tetiements aforefaid with the appurtenances j and in what manner you {hall have executed this our writ, make appear to us at Wejlminjlery on next after « — — and have there theft this writ. Witnefs, ^c, George hy HABERE FACIAS POSSESSIONEM. 353 Geor(r;e the Third, ^V. To the ftierifF of , The like, on a . Ti 1 1 . - 1 /• double demifc. greeting : Whereas A. B. lately m our court before us at Wtjlmhijler^ by bill without our writ (or by original, by our writ,) and by the judgment of the fame court, recovered againft C. D. his term ' then and yet to come of and in two dwelling-houfes, Isfc. (as in the declaration in ejeiSlment) with the appuiftenances, fituate lying and being in |he parifli of in your county, which E. F. on the ■ day of ■ in the year of our reign, had de- mifed to the faid A. B. to hold the fame to the faid A. B. and Iiis alTigns, from the — — day of in the ■ year aforcfaid, for and during and unto the full end and term of ■■■ years, from thence »ext enfaing, and fully to be complete and ended ; and alfo his term then and yet to come of and in two other dwelling-houfes, i^c. with the appurte- nances, which G. H. on the — — day of • in the year aforefaid, had demifed to the faid A. B. to hold the fame to the faid A. B. and his afTigns, from the day of in the —— year aforefaid, for and during and until the full end and term of years from thence next enfuing, and fully to be complete and ended ; by virtue of which faid feveral demifes, the faid A. B. entered into the faid feveral tenements with the appurtenances, and was poflefled thereof, until the faid C. D. afterwards, to wit, on the day of in the '-^^ year aforefaid, with force and arms, Isfc. entered into the faid feveral tenements with the appurtenances, which the faid E. F. and G. H. had refpe£lively de- mifed to the faid A. B. in manner and for the feve- ral terms aforefaid, which were not then nor are A A yet 554 EXECUTIOI^J yet expired, and eje^lred the {\vid A. B. from Ins faid feveral farms ; whereof the faid C. D: is convided^ as appears to us of record : Therefore we command you, that without delay you caafe the hid A.B. to have the pofliffiou of his faid feveral terms yet t& come of and in the faid feveral tenements with the appurtenances ; and in what manner you fliall have executed this our writ, make appear to us at IVeJl-^ minjlcr^ on next after ; and have there then tliis writ. Witnefs, ^c- The like, to a G^or^^ the Third, '^c. To our Ghanselior of GUI' cQaiuy-palatinc. county-palatine of Lancojler^ or to his deputy there, greeting : Whereas, ^V. (as in the lail writ, to the words " as appears to us of record," then as fol- lows :) Therefore we command you, that by our writ under the feal of our faid county-palatine, to be duly made, and dire£led to the flierifF of the fame county, you command the faid flierifF, that without' delay he caufe the faid A, B. to have the pcireffion of his feveral terms aforefaid, yet to come of and in the feveral tenements aforefaid with the appurte- nances ; and in what manner the faid fherifF fhall exe- cute our faid writ, let him certify to you, fo that you may make the fame known to us at Wejlmuifler^ on next after 5 and have there then this writ. Witnefs, Liff. The like, and G^crg-^- the Tlilrd, ^c. To the flieriffof -,- f.y/.ciasior greeting: Whereas, ^f. {as in the /:nl>ere facias^ to the return-day, then proceed as follows :) We alfo command you, that of the goods and chattels of the faid C. D. ill your bailiwick, you caufe to be made ^;' HABERE FACIA^ POSSESSIONEM. ^^^ ' • ^- which the faid A. B. lately in ou^ faid court before us at iVeJlininJlcr afovcfaid, recovered agaiufl the faid C, D. for his damages which he had fuf- tained, as well on occafionof the trefpafs and eject- ment aforefaid, as for his cofls and charges by him about his fuit in tliat behalf expended j whereof the faid C. D. is alfo convicted, as appears to us of re- cord ; and have you the faid monies before us at Wejlimtijiery on the return- day aforefaid, to render' to the faid A. B. for his damages aforefaid j and Iiave there then this writ. "Witnefs, ^c, George the Third, '^c. to the fnerifl' of ^, The like, and greetfilg : VVherea^, 0^% {■a.^iiMht haBerejacias pQj- dinjum for coiU, feJJtofii)hy to tkt return-day, arid then a's follows :) Wfi ailfo cortimaftd you, that you take tli^ faid' C D. if he fli'all be found in your bailiwick, ?nd hirifi fafely keep, fo that you may have his body before us at WeJlmYnJier^ oA the retur'n-day aforefaid, to fatisfy thd faid A. B. /. which, in our faid court before us at" WeJlir.'!nJ}er aforefaid, we're adjudged to the faid A. B. for his damages v/hich he had fuftained, ns well on bccafion of the trefpafs and eje'^lment aforefaid, as for his cofts and cliarges by hitn about his fuit in that behalf expended ; whereof the faid C. D. is alfo convidled, as appears to us of re- <:ord 5 and have there then this writ. Witnefs, . of, ^c, if he was a layman, and fliould be found in- your bailiwick, and him fafely keep in our prifon, until he (hould ially fatisfy A. B. of /. which the faid C. D. on the day of in the — — year of our reign, before efquire, then mayor of the city of , and gentleman tov/n- clerk of the fame city, then being the clerk deputed and afTigned to take recognizances of debts in the city aforefaid, according to the form of the Ratute- merchant, acknowledged himfelf to owe to the faid A. B and which he ought to have paid to him ou the feaft of then next following, but which he had not then paid to him, as it was faid ; and in what manner you fliould have executed that our writ, you fliould make known to us at Wejlmiiijieff on next after : And you at that day re- turned to us at WcJiminJIer, that the faid C D. is a layman, and not found in your bailiwick : There- fore we command you, that without delay you caufe to be delivered to the laid A. B. by a reafon- able price and extent, all the goods and chattels of the faid C. D. and all the lands and tenements in your bailiwick, of which the faid C D. on the aforefaid day of acknowledging the debt aforefaid, or ever afterwards, v/as feifed, to whofe hand.s A A 4 focver 36© EXECUTION foever they have come, unlefs they have defcetided to anyone, being withhi age, by hereditary defcent; to hold the goods and chattels aforefaid to the faid A. B. as his proper goods and chattels, and the lands and tenements aforefaid, as his freehold, to him and his afligns, according to the form of the flatute in fuch cafe made and provided, until he ihall have levied thereof the debt aforefaid, together with his damages, and all neceflary and reafonablc cofts in labours, fuits, delays and ex- pences ; and neverthelefs, that you take the body of the faid C. D. if he fhall be found in your bai- liwick, and him fafely keep in our prifon, until he fhall fully fatisfy the faid A. B. of the debt afore- faid J and in what manner, ^c. I,er*nagainft George the Third, l^c. To the fiierlif of j greeting : We command you, that of the moveable goods and chattels of C D. parfon of the church of In your bailiwick, without delay you caufe to be levied /. which the faid C. D. on, ^c. before, ^c. acknowledged, i^c. (as in the capias^ laicusj to the words " as it is faid") i and that you caufe the faid A. B. to have the fame ; and in what manner, ^c, Extent on a George the Third, ^c. To the fheriff pf , ftatute-ibpie. greeting : Becaufe C. D. of, i^c. on the day of • in the year of our reign, before — — . of, i^c, mayor of our ftaple of , deputed to take recognizances of debt in the fame ftaple, ac- knowledged himfelf to owe to A. B. of, ^'c. /. £5*r. which he ought to have paid to him on the feaft of then next following, but which he hath en STATUTES-MERCHANT, &C. 3^1 hath not yet paid to him, as it is faid : "We command youj tlaat you take the body of the faid C. D. if he be a layman, and fhall be found in your bailiwick, and fafely keep him in our prifon, until he (hall fully fatisfy the faid A. B, of the debt aforefaid ; and that by the oath of honeft and lawful men of your bailiwick, by whom the truth of the matter may be the better known, you diligently caufe to be extended and ap- praifed, and to be taken into our hands, all the lands and tenements, and chattels of the faid C, D. in your bailiwick, according to the true value of the fame, and caufe them to be delivered to the faid A. B, until he fliall be fully fatisfied of the debt aforefaid, according to the form of the ordinance thereof made ; and in what manner you fhall have executed this our commajid, make known to us in our Chan- cery, on — — next coming, wherefoever, ^c. by your letters fealed ; and have there this writ. Wit- nefs, ^c. George the Third, t^fc. To the flierlff of , Liberate ^tnoxi, greeting : Whereas C. D. of, ^c on the day of , i^c. (as above, to the M^ords " by your let- ters fealed," and then as follows :) And you have returned to us, that the faid C. D. 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, and chattels of the faid C. D. in your faid bailiwick, and caufed them to be extended and appralfed, according to the tenor of our writ afore- faid, to wit, meiTuages, which are appralfed at -■■ ■ /. &c. : Therefore we command you, that you -deliver to the faid A. B. all the lands and tenements and 3^52 EXLCUTION and chattels aforefaid, by you fo taken into ouf hands, if he "will have tliem, by the extent and ap- praifement aforefaid i to hold according to the form of the ordinance aforefaid, until he (liall be fatisfied of his debt aforefaid; and in what manner, t^c, (as in the lafl writ), jmmcHiatc ex- George the Third, c^r. To the flierifF of , tent ffjr ihs ^. itti » • i r ■, , f Icing's debt, on a g^^ceting : \\heveas by judgment of the barons of judgment of tke oy^ Exchequcr at Wejlihin/jery given on , we have lately recovered againft C. D. the fum of " /. of lawful money of Great Britain^ as by the fecords of our Exchequer appears : Now we being willing to be fatisfied the faid — — /. fo due to us, with all t|ie fpecd we can, as is jufl, do command you, that you omit not by reafon of any liberty, but enter the fame, and take the faid C. D. by his body, wherever he (hall be found in your bailiwick, and keep him fafely and fecurely in prifon, till we fliall be fully fatisfied the faid debt ; and that as, well on the oath of honeft and lawful men of your bailiwick, as by the tellimony on oath of any other honeft and lawful men, by whom the truth may be the better known, as by all other lawful means, you diligently inquire what lands and tenements, and of what yearly values, the faid C. D. had in your bal" liwick, on the ^ day of in the year of our reign, wlien the faid C- D, firft became in- debted to us in the faid money, or at any time after, until now -, ^nd what goods and chattels, and of what (orts and prices, and what debts, credits, (pecialties l^ E'ATEST for the KING. J^j ^eclaltles zw^ fums of money, the fai At which day, before the lord the king at 7Ve/I- Entry of return Viinjlery comes the faid A, B. m ms proper perfon ; M^omfieA faciei j^nd chancellor of our bifhoprick of Durham '^c^l^ t\Ltl'\ln. aforefaid fy- palatine c?f 3So EXECUTION hy CA. SA. DurL:m, and afortfaid rctums, that by virtue of the fald writ to /■I./L /' £T/j ^i""* thereupon dire6led, he hath commanded the /ro;)n7'; and upon (hetifF of the coui'tv of Durham aforefaid, that the the return of rart U\ied, aivarci faid fherifF Ihouki in all things fully execute the %fuciendum tni. ^^^^ Writ of the faid lord the king ; which faid ftie- Sae' ^""^ ^^'"^ ^^^ anfwered him,' that before the coming of the faid writ of the faid lord the king to him dire£led, divers goods and chattels, which were of the faid E. F. deceafed at the time of his death, came to the hands and poffeflion of the faid C. D. to be ad- miniftered, v^hich faid goods and chattels the faid C D. afterwards, and before the coming of the faid writ to him, had eloigned, wafted and converted to his own ufe: Wherefore the faid flieriff could not caufe the faid /. for the damages aforefaid, or any part thereof, to be made of the goods and chat- tels, which were of the faid E. F^ deceafed, as by the faid writ he was commanded ; and the faid (he- riff further anfwered the faid chancellor, that of the proper goods and chattels of the within-named C D. he had caufed to be made the faid /. for the cods and charges aforefaid, as he was com- manded : Which faid — — /. by the faid fheriff brought here into court, by the fame court here are delivered to the faid A. B. in part of the damages aforefaid -, therefore let the faid fherifi' be acquitted of the faid /. i^fc. And as to /. refidue of the da^iages aforefaid, it is confidered that the faid A. B. have execution againft the faid C. D. of the faid /. refidue of the damages aforefaid, of the proper goods and chattels of the faid C D. - There- fore it is commanded to the faid chancellor of tlie bifhpprick aforefaid, that by the writ of the faid lord agaifi/^ EXECvro-Rs ami administrators. 3^^ lord the king to be duly made, nnd diredled to tlic flieriffof the faid county of Durhaniy \\q caufe it to be commanded to the fnerifFof that county, that of the proper goods and chattels of the faid C. D. in his baihwick, he caufe to be made the faid /. refidue of the damages aforefaid ; and that he have that money before the faid lord tlie king at Weftmin- JicKy on next after , to render to the faid A. B. in form aforefaid 5 the fame day is given to the faid A. B. there, &c. At which day, before the faid lord the king at Wejlmi^ijier^ comes the faid A. B. in his proper perfon ; and the faid — — chancellor of the bifhoprick aforefaid returns, that by virtue of the faid writ to him thereupon di- rected, he hath commanded the fiieriff of the faid county of Diirhavi, that the faid fherifF fhould in all things fully execute that writj which faid (heriff anfwered him, that the faid C. D, had no goods or chattels in his bailiwick, whereof he could caufe to be made the faid /. or any part thereof i Therefore it is commanded to the chancellor of the bifhoprick aforefaid, that by the writ, t^r. he caufe to be commanded, kd'c. that the faid fi^ieriff fhould take the faid C, X). if, t^c. and him fafely keep, fo that he might have his body before the faid lord the king at Wejlminjler^ on - next after , to fatisfy the faid A. B. of the faid /. refjdue of the damages aforefaid ; the fame day is given to the faid A. B. there, k^c. At which day,, before the faid lord the king ac Wejlminjier^ comes the faid A. B. in his proper perfon ; and the faid chancellor ef the bilhoprick aforefaid returns, that by virtue, iJc. he commanded the (heriiF, ^c. which faid (he- rifF 3^1 BXIGI 1ACIA5. riff anfwcred him, that the faid C. D. is not found m his bailiwick ; whereupon on behalf of the faid /^. B. it is teftified in our faid court here, that the faid C. D. runs lip and down and fecretes himfelf in the county of : Therefore it is commanded tcf the flierifFof , that he take the faid C. D. if, ts'c. and him fafely keep, ts'c. fo that he have, <3c, on next after , to fatisfy the faid A. B. of the faid /. refidue of the damages aforefaid : At which day, before the faid lord the king at H'ejl' vtitijlery comes the faid A. B. in his proper perion ; and the ftieriff of aforefaid returns, that the faid C. D. is not found in his bailiwick j whereupon on behalf of the faid A. B. it is fufficiently tefti- fied in the faid court of the faid lord the king be- fore the king himfelf, that the faid C D, runs up and down and fecretes liimfelf in the county of — — : Therefore it is commanded to the flieriff of » that he take the faid C. D. if, t^c^ and him fafely keep, fo that he have, ^c. on next after , to fatisfy the faid A. B. of the refidu^ of the damages aforefaid, in form aforefaid 5 the fame day is given to the faid A, B, there, l^c* Exigifaciasyihti George the Third, i^'c. To the Iheriffof ^ flSnJum^""'^' greeting : We command you, that you caufe C.D> late of, &c\ to be demanded from county-court to county-court (or if in Londotiy from hufting to huf- ting), until, according to the law and cuftom of Englandy he be outlawed, if he doth not appear $ and if he doth appear, then that you take him, and eaufi? •NOTICES, Sec* 3^5 caufe him to be fafely kept, fo that you may have his body before us, on — - wlierefoever we fliall then be in Englatidy to fatisfy A. B. of /. (or of a certain debt of——/.) which the fuid A. B. lately in our court before us at Wejlminjler^ recovered againft him, l^c. (as in a common capias ad fatisfa- ciendumy to the words ** whereof the faid C. D. ig convi<5led, as appears to us of record") : And where- upon you returned to us, on, i^c. (the return-day of the capias ad fatisfacienduni,) lall paft, that the faid C. D. was not found in your bailiwick; and have there this writ. Witnefs Lloyd Lord Kenyan, &<;- In the King's Bench. ■ A. B. plaintiff. Between and C. D. defendant. To Mr. ^.5. Take notice, that I intend, at the expiration of Notke by in* fourteen days from the delivery hereof, or fo foon intencion to j^c-- after as I can be heard, to petition his majefty's [j^^^^,""^'*^ court of King's Bench at Wejlminjiei', for fuch relief and benefit as I am entitled to, by virtue of an adi o£ parliament made and paffed in the thirty-fecond year of the reign of his late majefty king George the Second, intitled, " An aft for the relief of debtors, with refpedt to the imprifonment of their per- fons," t5fc, and alfo of an a£l made and pafTcd in the thirty-third year of the reign of his prefent majefty, intitled, " An aft for the further relief of debtors," ^c. and alfo of an aft made and pafled m 3t^4 ^JotlCES, oCC. in the thirty-fcventh year of the reign of his pre- fent majefty, intitled, " An zdc to amend fo much of the firfl-mentioned a£l, as relates to the weekly fums thereby dire£led to be paid to prifoners in exe- cution for debt, in the cafes therein mentioned ;" and that I have no debts, eftates or effedls what- foever, nor had 1 at the time of my firft imprifon- ment in this a6lion, or at any time fince, either in pofTeflion, reverfion, remainder or expe£lancy, other than and except what are mentioned and con- tained in the fchedule or inventory here-under writ- ten, (if there be one,) and the neceflary wearing ap- parel and bedding for myfelf and family, and the tools or inflruments of my trade or calling, not exceeding the fum of ten pounds i-n value in the whole. As witnefs my hand this day of — — » '79- C. D 'Vv''itnefs E. F. Schedule. A fclicdule or inventory of all the eftate and ef- fects, which i C. D. 3. prifoner in execution, in the cuRody of the marfnal of the marfhalfea, (or of G. H. efquire, IherifFof ihc county of ,) at the fait of A. B. or any perfon or perfons in truft for me, was or were pofleffed of or entitled unto, at the time of my firft imprifonment, at the fuit of the faid A. B. or at any time fince, either in pofleJTion, reverfion, remainder or expedancy, other than and txcept the neceiTary wearing apparel and bedding of or for me and my family, and the tools or inflru- ments of my trade or calling, not exceeding ten pounds in value in the whole. As witnefs my hand this day of 1 79 - . 6 Real an the Lords* act. ^ 3^5 RealeJlaU: (defcribing it, if any, according to the mode pointed out by the ftatute ; or if there be none, fay, " I have none, either in pofleffion, ve- verfion, remainder or expe£lancy.") ^ Goods: (fetting them forth.) Debts : (naming the perfons from whom they are due, and dating the amount of them ; and if arifing on notes or bills, their dates, t^c.) CD. Witnefs E. F. In the King's Bench. A. B. plaint!^, Between and C. D. defendant. E. F. of, tsfc. maketh oath and faith, that he was Affidavit to be prefent and did fee the above-named C. D. fign his tke and fchedule." name (or mark) to the notice and fchedule hereunto annexed, on the day of the date thereof, and alfo to a copy of the fame j and that the name E. F. fub- fcribed as a witnefs thereto, is of the proper hand- writing of this deponent. E.F. Sworn, isfc. E. F. of, ^c, maketh oath and faith, that he this Affidavit offer* , ... , 1 r • n ^'t^s of noii.e deponent did, on — — the day of mltant and fchedule. (or laft), ferve the above-named A. B. with a true copy of the notice and fchedule hereunto annexed, by delivering the fame to at his (ivvelling-houfe or place of abode, fitnate at — — in the county of . E,F. Sworn, ^c» cc To 3^6 iJOTlCES, &C. retltion. To the right honorable Lloyd Lord Kenyan, lord chief-juflice of his majefty's court of King's Bench at Wejlmmjler, and the reft of the judges of the fame court. The humble petition of CD. Sheweth, That your petitioner is a prifoner in the cuftody of tliemarflial of the marflialfea (or in his majefty's gaol in and for the county of ), charged in execu- ' tion at the fuit of A. B. for the fum of — — /. da- mages and cofts, (or /. debt and /. da- mages,) as by the certificate annexed more fully appears. ^ That your petitioner humbly apprehends he is en- titled to the benefit of an a£t of parliament made and pafled in the 3 2d year of the reign of h;s late majefty king George the Second, intitled, *« An adt for the rehef of debtors, with refpe£t to the impri- fonment of their perfons," ^c. and alfo of an aft made and pafled in the 33d year of the reign of his prefent majefty, intitled, " An a£l for the further relief of debtors," kSc. and alfo of an aft made and palTed in the 37th year of the reign of his prefent majefty, intitled, " An aft to amend fo much of the firft mentioned aft, as relates to the weekly fums thereby direfted to be paid to prifoners in execution for debt, in cafes therein mentioned." That your petitioner hath not at the time of exhi- biting this his petition, nor had he at the time of his firft imprifonment in this aftion, or at any time fince, any debts, eftate or effefts whatfoever, either in c . pofleffion, on the lords' ACT. 387 pofleflion, reverfion, remainder or eirpeflancy, other than and except what are mentioned and contained in the fchedule or inventory hereunto annexed, (iF there be one,) and the neceffiiry wearing apparel and bedding for himfelf and family, and the tools or implements of his trade and calling, not exceeding the fum of ten pounds in value in the whole. . Your petitioner being willing and defirous to conform himfelf to the direftions of the faid fe- veral a£ls, mod humbly prays your lordfliips to grant a rule or order of this honorable court, for the plaintiff to fhew caufe why he fliould not be difcharged purfuant to the faid acls. And your petitioner, as in duty bound, will ever pray, t^c. - CD. Schedule (if any) as before, p. 384, 5. E. F. of, ^c. maketh oath and faith, that he this Affidavit of deponent did fee G. H, the keeper of his majefty's gtul/utc?'''' gaol or prifon of, i^c» fign the certificate hereto an- nexed ; and that the name G. H. fet and fubfcrlbed at the foot of the faid certificate, is of the proper hand- writing of the faid G. H. ' E.F, Sworn, ^c. E. F. of, ^c. maketh oath and faith, that he this Affidavit of fer- deponent did on the day of inftant, per- '^'«°^^"*«- fonally ferve the above-named A. B. with a true copy of the rule hereto annexed. (Or if the fervice was on his wife or fervant, fay, " ferve the above- named ^. B. with a true copy, ^c. by delivering C c 2 tlie S88 KOTICES, &C. the fame to the wife or fervatit of the fa'id A. B. at his dwell ing-houfe or place of abode, fituate at in the county of .") E.F. Sworn, ^c. Note for pay- ment of allow, ance. A.B.'^X hereby promlfe to pay and allow to C. Z>. V. > three ftiilUngs and fixpeoce per week C. jD. ) weekly, on Monday in every week, for fo long time as he (liall continue in prifon in execution at my fult. As witnefs my hand tliis day of 179-- A.B, Witnefs E. F. Notice on com- pulfive claule, to prifoner. In the King's Bench. A. B. plaintiff. Between and C. D. defendant. Sir, Take notice that I intend on the firft day of next -. term, or as foon after as I can be heard, to petition his majefty's court of King's Bench at We/l-. tninjierj fer a rule or otder of the faid court, diredl- ing you to be brought up into this honorable court, in order that you may be compelled to difcover and deliver into the faid court upon o?th, a true account in writing, figned by you, of all your real and per- fonal eftate, and of all incumbrances afFe£ling the fame, according to the bed of your knowledge and belief, in order that your eftate and efFe6ls may be divefted out of you, and may by the judges of the faid court be ordered to be affigned and conveyed, in manner and for the purpofes declared in and by St cettain a£i: of parliament, made and pafled in the 3*4 on the Lords' act. 38p 3 2d year of the reign of his late majefty king George the Second, intitled, " An aft for the relief of debtors, with refpeft to the imprifonment of their perfons, and to oblige debtors who (hall continue in execution in prifon beyond a certain time, and for fums not exceeding what are mentioned in the a6V, to make difcovery of and deliver upon oath, their eftates for their creditors' benefit j" and alfo in and by a certain act of parliament, made and pafled in the 33d year of the reign of his prefent majefty, intitled, •* An a£l for the further relief of debtors, with refpeft to the imprifonment of their perfons, and to oblige debtors who (hall continue in execution in prifon beyond a certain time, and for fums not ex- ceeding what are mentioned in the a£l, to make dif- cof ery of and deliver upon oath, their eftates for theif creditors' benefit." Dated the day of — — J 79-. A.B. the above-named plalntiff- To Mr. C. D. the above-named defendant. Witnefs E. F. In the King's Bench. A. B. plaintiff. Between and C. D. defendant. other cieditors. Sir, Take notice that I intend on the firft day of next The like, to — — — term, or as foon after as I can be heard, to petition his majefty's court of King's Bench at WeJ}- viiftjiei-y for a rule or order of the faid court, direftp- ing the above-named defendant C. D. to be brought up Into this honorable court, jn order that he may be compelled to difcover and deliver into the faid c c 3 court 2Q9 NOTICES, &C. court upon oath, a true account in writing, figncd by him, of all his real and perfonal eftate, and of all incumbrances afFefting the fame, according to the^lj^eft of his knowledge and belief, in order that his eftate and efFe£ls may be diverted out of him, and may by the judges of the faid court be ordered to be afligned and conveyed, in manner and for the purpofes declared in and by a certain a£l of parlia- ment, made and pafled in the 3 2d year of the reign of his late majefty king George the Second, intitled, " An a£l for the relief of debtors," ^c (as in the . laft). ^. B. the above-named plaintiff. To G. H. &c. creditors of the above-named defendant. Witnefs J. K. The notice to the flieriff or gaoler, of the plaintiff's intention to have the prifoner brought up, fhould require him to bring up the prifoner accordingly. In the King's Bench. A. B. plaintiff. Between and C. D. defendant. Petition. To the right honorable Lloyd Lord Kenyouy lord chlef-juftice of his majefty's court of King's Bench at IVeJl/mnJlery and the reft of the judges of the fame court. The humble petition of A. B. of, i^c. the above- named plaintiffj Sheweth, That C. D. the above-named defendant Is a pri- foner in the cuftody of charged in execution at the on the lords' act. 3 91 the fuit of your petitioner, for the fum of /. as appears by the annexed eertificatc. That your petitionet apptehends he is authorized and empowered, by virtue of the compulfive claufe in an a6l of parliament, made and palTcd in the 32d year of the reign of his late majefty king George the Second, intitled, " An aft for the relief of debtors, with refpeft to the imprifonment of their perfons, and to oblige debtors who fliall continue in execution in prifon beyond a certain time, and for fums not exceeding what are mentioned in the aft, to make difcovery of and deliver upon oath, their eftates for their creditors' benefit ;" and alfo of an aft of par- liament, made andpafled in the 33d year of the reigri of his prefent majefty, intitled, " An aft for the further relief of debtors, with refpeft to the impri- fonment of their perfons, and to oblige debtors who (hall continue in execution in prifon beyond a cer- tain time, and for fums not exceeding what are mentioned in the aft, to make difcovery of and deliver upon oath, their eftates for their creditors' benefit ;" to compel the above-named defendant C. D. to deliver into this honorable court upon oath, a true account in writing, figned by the faid de- fendant, of all his real and perfonalreftate, and of all incumbrances affefting the fame, according to the beft of his knowledge and belief, in order that his eftate and effefts might be diverted out of him, and affigned and conveyed in manner and for the purpofes declared in the faid feveral afts. Your petitioner therefore humbly prays a rule or order of this honorable court, for the above-named c c 4 defendant 392- SATISFACTION. defendant C. D. to (hew caufe, why he fhould not conform himfelf to the dircftions of the faid a^s. And your petitioner fliall ever pray, ^c. A.B. the above-named plaintiff. To E,F. G.H. and J. K, attornies of the court of King's Bench at Wejlminjier, jointly and feverally, or to any other attorney of the fame court. Warrant of at- Whcreas I A. B. of, l^c. heretofore, to wit, in toriiey to ac- knowledge fa- or about the term of ■ laft paft, obtained final tlsfa(Sion. . , - i • . n i r tt- » t> l_ ^ jua^'ment in his majelly s court or Kings liencn at Wejlminjier^ againft C. D. of, isfc. for < /. debt and ■ — /. cofts, (or for /. damages and cofts,) as by the record thereof may appear : And whereas I the faid A. B. have received fatisfaftion for the fame : Thefe are therefore to defire and authorize you, the attornies above-named, or any one of you, or any other attorney of the fame court, to acknow- ledge and enter fatisfa£lion upon the record of the fame judgment ; and for your fo doing, this fhall be your fufficient warrant and difcharge in that be- half. In witnefs whereof, I have hereunto fet my hand and feal the — day of — in t^e — — year of the reign of our fovereign lord George the Third, by the grace of God of Great Bntairt, France and Ireland king, defender of the faith, ^c, and in the year of our Lord 1 79 - . Sealed and delivered, being ") firfl: duly ftamped, in the > prefence of >■ ■ j — — term SATISFACTION. 393 term in the year of the reign of King George the Third. Way. ■ to wit. Satisfaction is acknowledged between A. B. plaintiff and C. D. defendant, of a plea of trefpafs on the cafe, for /. damages and cofts, (or, of a plea of debt for /. debt, and /. damages, l^c.) Judgment entered of —— E, F. attorney. term Geo. 3. Roll Satisfa^IoR- piece. Afterwards, to wit, on • by original, on in the next after (or Entry of fatif- year of the reign of faction. our fovereign lord George the Third, now king of Great Britain^ Sec. before our faid lord the king at Wejimittjier^ cometh the aforefaid A. B. by his at- torney aforefaid, (or, by E. F, his attorney in this behalf,) and acknowledgeth himfeif to be fatisfied by the faid C. D. of the damages, cofts and charges aforefaid, (or in debt, of the debt and damages afore- faid): Therefore let the faid C. D. be thereof ac- quitted, ^c. qp^ WRiTS ofsClkE FACIAS j>radpe for Micldlefex. Scire facias for A. B. againft E. F\ V.ST;il. ^»d G.H. bail of CD. for /. damages (or /. debtj and • /. damages), returnable on. ^ J. K. attorney- iVire/acias George the Third, i]fc. To the (herlff of Middle- a£,ainft bail, on , 7- c r c^ 1 /-> rr r 3 recognizance Jex^ greeting: Whereas is. r. ot, c5f. and Cz. li. or, ^ ' * &c. heretofore, to wit, in term, in the year " of our reign, came into our court before us at U^e/i' tnifi/Ierj in their proper perfons, and became pledges and bail, and each of them became pledge and bail, for CD. that if the faid C. D. fiiould happen to be convi£led, at the fuit of A. B. in a certain plea of trefpafs on the cafe upon promifes, to the damage of the faid A. B. of /. (or in debt, in a certain plea of debt for /.) then lately commenced and depending in the fame court, by and at the fuit of the faid A. B. againfh the faid C. D. then the faid £,. F. and G. H. ccnfented, and each of them con- fented, that all fuch damages (or in debt, that as well the faid debt, as all fuch damages) as fhould be adjudged to the faid A. B. in that behalf, fhould be made of their and each of their lands and chattels, -and levied to the ufe of the faid A. B. if it fliould liappen that the faid C. D. fliould not pay and latisfy the faid damages (or in debt, the faid debt and damages), or render himfclf to the piifon of the marflial of our marftialfea before us, on that occa- f;on ; as by the record of the faid recognizance, ftill remaining in cur faid court before us at WeJIminJier aforefaid, more fully appears : And although the faid A. B. afterwards, to wit, in — — term, in the .— — year aga'injl BAIL. ogr ^— — year of our reign, in our faid court before us at Wcjhninjier aforefaid, by bill without our writ, and by the judgment of the fame court, recovered in the faid plea, agalnfl: the faid C. D. /. for his damages which he had fuftained, as well on occafion of the not performing certain promifes and under- takings then lately made by the faid C. D. to the faid ^. 5. (or if in debt, the "faid debt, and alfo /. for his damages which he had fuftained, as well by means of the detaining of the faid debt) as for his eofts and charges by him about his fuit in that behalf expended ; whereof tlie faid C. D. is con- vi£led, as by the record and proceedings thereof ftill remaining in our faid court before us at Wejl- m'lnjler aforefaid, more fully appears : yet the faid C. D. hath not paid or fatisfied the faid damages (or debt and damages), or any part thereof, to the faid A. B. or rendered himfelf to the prifon of the marfhal of our marflialfea before us, on that occafion, according to the form and efFet^ of the faid recog- nizance ; and as well the faid recognizance, as the faid judgment, (lill remain in full force and effed. In no wife fet afide, i-everfed, paid off or fatisfied ; as we have received mformation from the faid A. B. in our faid court before us : Wherefore the faid J. B. hath humbly befought us to provide him a proper remedy in this behalf; and we being willing that what is juft in this behalf fliould be done, command you, that by honed and lawful men of your baili- M'ick, you make known to the faid E. F. and G. H. that they be before us at Wejlminjler^ on next after to fhew if they have or know, or if either of them hath or knoweth, of any thing to fay for 14 themfelves 39'^ WRITS 2/" SCIRE FACIAS tlicmfclvcs or himfelf, why the faid ^. B. ought not to have execution againft the faid E. F. and G. //. for the damages (or debt and damages) aforefaid, ■according to the force, form and effeft of the faid recognii^ance, if it fhall feem expedient for him fo ' to do ', and further to do and receive what our faid court before us fliall then and there confider of them in this behalf ; and have there then the names of thofe by whom you (hall fo make known to them, and this writ. Witnefs Lloyd Lord Kenyan at JVe/i- minjlevy the day of in the — — year of our reign. The iike, on a Gcorge the Third, Uc. To the (lierifF of Middle- c;igitar"^^ /..v, greeting: Whereas E, F. of, i^c. and G. H. of, ^c. heretofore, to wit, in term, in the . year of our reign, came into our court before us at Wejlmwjler, in their proper perfons, and be- came pledges and manucaptors, and each of them by himfelf became pledge and manucaptor, for C Z). late of, ^c. and then and there acknowledged them- felves to owe, and each of them did acknowledge himfelf to owe to A. B. the fum of /. and did fubmit and grant for themfelves and their heirs, and each of them did fubmit and grant for himfelf and his heirs, that the faid fum of /. fhould and midit be made of their and each of their lands and chattels, and levied to and for the ufe of the faid A. B. in cafe the faid C. Z). fhould happen to be eonvidled, in a certain plea of trefpafs on the cafe upon promifes, to the damage of the faid A. B. of — — I. (or in debt, in a certain plea of debt foi- — — /.) then lately commenced and depending in tht- tigaifjjl BAIL. 297 the fame court, by and at the fu'it of the fald A. B. again (t the faid C. D. and if tlie faid C. D. fhould not pay and fatisfy unto the faid A. B. all fuch da- mages (or if in debt, as well the faid debt or fum of • ■ - /. as all fuch dnmage&) as fliouid be adjudged to the faid A. B. in the plea aforcfaid, or render himfelf to the prifon of the marfhal of our mar- Ihalfea before us on that occafion ; as by the record of the faid recognizance, ftill remaining in our faid court before us at WeJhiinJIer aforefaid, fully ap- pears : And although the faid A. B. afterwards, to wit, in ' term, in the year of our reign, in our faid court before us at WeJJminJier aforefaid, by our writ, and by the confideration and judgment of the fame court, recovered, ^c. (as in the laft, to the mandatory part of the writ, which is as follows) : that by honed and lawful men of your bailiwick, you make known to the faid E. F. and G. H. that they be before us, on wherefoever we (hall then be in Etigiand^ to fliew if they have or know, or if either of them hath or knoweth,of any thing to fay for themfelves or himfelf, that is to fay, the faid E. F. why the faid fum of /. by him in form aforefaid acknowledged, fhould not be made • of his lands and chattels, and the faid G. H. why the faid fum of /. by him in form aforefaid ac- knowledged, fliould not be made of his lands and chattels, and levied to and for the ufe of tlie faid A. B. according to the force, form atid tScCt of the faid recognizance, if it fliall feem expedient for him fo to do ; and further to do and receive what our faid court before us (hall confider of them in this behalf J and have there the names of thofe by whom vou 393 "WRITS o/" SCIRE FACIAS you (hall fo make known to them, and this writ. Witnefs L/oyd Lord Kenyan, &c» The like, on a George the Third, ^c. To the (her 1 IT of Middle- S"befor"a >'^» greeting : Whereas E. F. of, bfc. and G.//. of, commimoner in ^^. heretofore, to wit, on the dav of in the country, _ j > " terra, in the • year of our reign, came in their proper perfons, before a commiflioner duly empowered to take and receive all and every fuch recognizance or recognizances of bail or hails, as any perfon or perfons fiiall be willing or defirous to acknowledge, or make before him, in any action or fuit depending in our court before us, according to the form of the flatute in fuch cafe made and provided ; and then and there, before the faid , fo being fuch commiflioner as aforefaid, became pledges, dff^. (ftating the recognizance, as in the former writs) ; which faid recognizance afterwards, to wit, on the day of in the year of our reign, was duly tranfmitted by the faid fo being fuch commiflioner as aforefaid, to the honorable , then and fl:ill beingoneof the jufticesof ourfaid court before us, at his chambers in Serjeants^-Innj Chancery- Laney London^ and by him the faid juflice was after- wards, to wit, in term, in the year of our reign, produced in our faid court before us at JVe/i- minjler aforefaid, and then and there recorded in the fame court ; as by the record thereof, fliil remaining in our faid court before us at Wejlminjier aforefaid, more fully appears : And although, Isfc. (as in the former writs). George agahiji BAIL. 399 George the Tliird, &c. To the (hcrlfF of Middle' The like, on a j^Af, greeting : Whereas E. F. of, i?V. and G. //. SenTetore a ' oLi^c. on tlie day of in the year 3"^^^. «" "ror ^ ' tiom the Lom- of our Lord 179-j came before the honorable mon Fleas to one of our juftices of the bench, at his cham- yench. ° bers in Serjeants' -Lm, C/:ancery-La?ie^ LoTidon^ and acknowledged, and each of them Separately did ac- knowledge himfelf to owe to A. B. the fum of — — /. to be levied of their lands and chattels, and of the lands and chattels of each of them ; which faid recognizance in form aforefaid taken, our faid juflice, afterwards, to wit, on the day of in term, in the year of our reign, delivered with his own proper hands into our faid court of the bench, to wit, at Wejlminjler in the county of Middlefex^ to be enrolled, and the fame was then and there, before John Lord Eldeti and his brethren, then our juftices of the faid bench, enrolled of record in the fame court ; as by the record thereof, remaining in our faid court, it manifeftly appears : which faid /. the faid E. F. and G. H. have not, nor hath either of them paid to the faid A. B. as v/e are informed by the faid A. B. And becaufe we are willing, that thofe things which in our faid court are rightly done and acknowledged, fliould be duly carried into execu- tion ; we command you, that by honefl: and lawful men of your bailiwick, you make known to the faid E. F. and G. tl. that they be before our juftices at Wejlminjier, on , to (hew if they have or know, or if either of them hath or knoweth, of any thing to fay for themfelves or himfelf, that is to fay, the faid E. F. why the faid /, by him in form aforefaid /jOt> WRITS of SCIRE FACIAS aforefald acknowledged, {hould not be levied of his lands and chattels, and the faid G. H. why the fald /. by him in form aforefaid acknowledged, fhould not be levied- of his lands and chattels, and rendered to the faid ^. B. according to the form of the faid recognizance, if it fhall feem expedient for him fo to do ; and have there the names of thofe by whom yt)u fliall fo make known to them, and this writ. V7itnefs John Lord £/don at JVeJlininJIerf the — -w day of » - in the — — year of our reign. The like, oji George the Third, ' bail, upon the Jlfidd/efeXf to w\t. Our lord the king fcnt to his '^"'"°>"^*^ flieriffof Middle/ex, his writ clofe in thefe words, that is to fay : George the Third, ^V. (copy the fclre fa- ciaSy and proceed as before, p. 404. to the end of the flieriff's return, and conclude as follows) : And the faid E. F. and G. if. being folemnly* called, come by their attorney ; and hereupon the faid A. B, prays that execution may bq adjudged to him againd - the faid E.F. and G. H- of the damages (or debt and damages) aforefaid, according to the force, form and efFetl of the faid recognizance, l^c. M'lddleft'Xy to wit. Our lord the king fent to his The like, upon f]ieriff oi Middle/ex^ his writ clofe in thefe words, that turn^dt' ^^" is to fay : George the Third, ^c. [co\)y the fnUfcire facias to the end, and proceed as follows): At which day, before our faid lord tlie king at Wejiminjlery came the faid A, B. in his proper perfon ; and the flierifF, to wit, — — {heriff of Middle/ex aforefaid, thereupon returned to our faid lord the king, that |he faid E. F. and G. H. had not, nor had either of D D 4 then; ^Og I'ROCEfeDlNGS /// sClUE FACIAS them any thing in his bailiwick, where or by which he could give them or either of them notice, as by the faid writ he v/as commaiided, nor were they the faid £. F. and G. H. nor was either of them found in the fame ; and the faid E. P, and G. H. came not, nor diil either of them come : f berefore, as before, it was commanded to the (herifF, that by honeft and lawful men of his b iiliwick, he fli< uld make known to the faid E. E. and G. H. that they {hould be before our faid lord the king at Wefitninjier, on next after to fhew in form aforefaid, if, i^c. and further, ^V. the fame was given to the faid A. B. there^ i^fc. At which day, before our faid lord the king at W^/ImifiJIer, comes the faid A. B. in his proper perfon ; and the faid {heriff of Middlefexy as before, returns that the faid E. F. and G. H. have not, nor has either of them any thing in his bailiwick, whereby he can give them or eithef of them notice, as by the faid laft-mentioned writ he is commanded, nor are they the faid E. E. and G.H. nor is either of them, found in the fame; and the faid E. E. and G. H. being folemnly de- manded, come by their attorney 5 and here- upon the faid yi. B. prays that execution may be adjudged to him againft the faid E.E. and G. H. of the damages (or debt and damage) aforefaid, ac- cording to the force, form and effeft of the faid xc-* cognizance, cifc. -^— term, in the year of the reign ot king George the Third. ]nuein/>«/'«- Mlddlefex^ towit- Our lord the king fent to his c;a5a2amftb.ii. fhciifT of Middle/ex, his writ clofe in thefe words, that againjl BAIL. 409 Ihat is to fay : George the Third, ^r. (here copy the writ and declaration \r\ fcire facias). And the faid E. F. and G. H. by their at- torney, come and fay that the faid A. B. ought not to have execution, i^c. (here copy the pleadings, be- ginning each with a new line, and conclude with the award of the venire facias y in the common form.) As yet of term, in the year of the Entry of ifTw;, and awaid ot'et- reign of king George the Third. Witnefs ecut)on,&c.aftt* Lloyd Lord Kej^you. MidcUefexj to M^it. A B. puts in his place . his attorney, againft E. F. and G. H. bail of C. D, in a plea of debt ov\ fcire facias. Middlefcx, to wit. The faid E. F. and G. H. put in their place their attorney, at the fuit of the faid A. B. in the plea aforefaid. Middhfex^ to wit. Our lord the king fent to his (herifFof Midd'efeXy his writ clofe in thefe words, to wit: George the Third, ^c. (here copy the iffue, to the end of the award of the venire facias^ and proceed as follows) : Afterwards the procefs thereof is continued, \^c. (as before, p. 277, concluding as follows) : Therefore it is confi- Jurfgment dered, that the faid A. B. have his execution againfl: ° ' the faid E. F. and G. H. of the damages (or debt and damages) aforefaid, according to the force, form and efFetl of the faid recognizance, l^c. ; It is alfo confidered by his majefty's court here, that the faid A.B. do recover againft the faid E. F. and G. H. /. for his cofts and ch;irges by him laid out about his fuit in this behalf, on occafion of the fatd E. F. and G. H. having pleaded to the i^xiA fcire 4 facias. 4IO EXECUTION in SCIRE FACIAS faciasy by the court of our faid lord the king now here adjudged to the faid A. B. and with his aflent : Mercy. And the faid E. F. and G. H. in mercy, l^c. rterl facias George tlie Third, &'c. To the fiierifFof Middle-- the'aaion,bthe A'^> greeting: We command you, that of the good^ King's Bench ^nd chattels of E. F. and G. H. the bail of C. D. by bill, after tie»'aaiton/c/>e in your bailiwick, you caufe to be made /. "* ' ' which A. B. lately in our court before us at IVe/l- vihifler^ recovered againfl the faid C D. for his da- mages which he had fullalned, as well on occafion of the not performing certain promifes and underr takings then lately made by the faid C. D. to the faid J. B. (or if in debt, " a certain debt of /. which A. B. lately in our court before us at WeJI- viuijler^ recovered againfl the faid C. T>. and alfo — — /. which in our fame court before us were ad- judged to the faid A. B. for his damages which he had fuftained, as well on occafion of the detaining the faid debt"), as for his cods and charges by him about his fuit in that behalf expended ; whereof the laid C. D. is convidled, as appears to us of record : And whereupon it is confidered in our fame court before us, that the faid A^ B. have his execution againfl: the faid E. F. and G. H. of the damages (or debt and damages) aforefaid, according to the force, form and effe6l of a certain recognizance by them the faid E. F. and G. H. acknowledged in our faid court before us, for the faid C. D. at the fuit of the faid A. B. in the plea aforefaid, by the default of the faid E. F. and G. H. as likewife appears to us of record j and have that money before us at Wejl- xninjiery on -— — next after -- — j to render to the agatnji hkVL. , 4H faul A. B. for his damages (or ucbt and damages) aforefaid; and have there then this writ. Witnefs, (As before, to the end of the award of execution, The like, after without dating it to be by default, and then as fol- P''" " "-'''"' lows:) and alfo /. which in our fame court before us, were adjudged to the faid A. B. for his damages colts and charges which he hath been put unto, on occafion of the faid E. F. and G. //. hav- ing pleaded to our writ oi fcire facias, fued out againfl them, at the fuit of the iciid A. B. iti that be- half; whereof the faid E.F. and G. H. are con- vi£led, as alfo appears to us of record ; and have the faid monies before us at Wejminjler^ on next after , to render to the faid A. B. for his da- mages (or debt and damages) cods and charges aforefaid ; and have there then this writ. Witnefs, ^c: George the Third, i!lfc. To the IherifF of , Tcjfatumferi greeting: Whereas we lately commanded our (herifF baii'to ^heTdtion of MicUhfex, that of the jroods and chattels of E.F. '" '-^\ ^•■'''°'' ' ^ " .... Bench by bill. and G. H. the bail of C. D. in his bailiw^ick, he fliould caufe to be made /. (or a certain debt of /.) i^c. (reciting ihtferi facias, to the end) : i'^nd our faid fnerifF of Middlefex, at tliat day re- turned to us, that the faid E. F. and G. H. had not, nor had either of them, any goods or chattels in his bailiwick, whereof he could caufe to be made the damages (or debt and damages) aforefaid, or spy part thereof ; whereupon on the behalf of the ♦aid ^. B. it iq fufliciently tcftified iii our faid court hefore Hit Execution ifi scire facias befort us, that the faid E. F. and G. H. have fuf- ficient goods and chattels in your bailiwick, whereof you may caufe to be made the damages (or debt and damages) aforefaid, and every part thereof ; There- fore we command you, that of the goods and chat- tels of the faid E, F. and G. H. in your bailiwick, you caufe to be made the faid /. (or the faid debt of /. and the faid •— — /.) the damages aforefaid ; and that you have that money before us at Wejim'wjler^ on next after , to render to the faid A. B. for his damages (or debt and damages) aforefaid ; and have there then tliis writ. Witnefs, The like, from George 'ih.t. Third, oV. To our chamberlain of pai^atTne'to'an- ^""^ couiity-palatine of ChcJIery or his deputy, greet- other, after a j^g • "Whcreas by our writ we lately commanded our forroer tcjiatum, o / chancellor of our county-palatine of Lancajler^ that by our writ under the feal of our faid county-pala- tine to be duly made, and dire£led to the flierifFof the fame county, he (hould command the faid (heriflp, that of the goods and chattels of E. F. and G. H. the bail of C. D. in his bailiwick, he fliould caufe to be made /. (or a certain debt of /.) i^c. (reciting tlie former tejlatiim fieri facias ^ to the end) : And our faid chancellor of our faid county-palatine of Lancajlery at that day returned to us, that by another writ, under the feal of our fame county-pa- latine duly made, and directed to the (heriff of the fame county, hs had commanded the faid fherifF, as in the faid firfl-mentioned writ he was commanded; which faid fherifF had thereupon returned, that the faid E, F. and G. H. had not, nor had either of them. againji BAIL. 4.IJ them, any goods or chattels in his bailiwick, whereof he could caufe to be made the damages (or debt and damages) aforefaid, or any part thereof; whereupon on the behalf of the faid A. B. it is fufficiently tef- tified in our faid court before us, that the faid E. F, and G. H. have fufficient goods and chattels in our faid county palatine of Chejiery whereof the da- mages (or debt and damages) aforefaid, and every part thereof, may be fully made : Therefore we comn^and you, that by our writ, under the feal of our faid county-palatine of Chejler to be duly made, and directed to the fherlff" of the fame county-pala- tine, you command the faid flieriff, that of the goods and chattels of the faid E. F. and G. H. in his baili- wick, he caufc to be made the damages (or debt and damages) aforefaid, fo that you mayhave that mo- ney before us at WeJminJIer^ on next after , to render to the faid A, B. for his damages (or debt and damages) aforefaid ; and have there then this writ. Witnefs, i^c, George xhQ Third, ^c. To the (herifF of ^lliY/J/^- Fhri fadas r ■• Tir 1 T r 1 i againft bail t removed — — /., and or the goods and chattels of G. H. into the King's late of, ^c. another of the bail of the faid C. D. in l^^^] *'^ your bailiwick, you caufe to be made / and have the fciid monies before us, on wherefoever, i^c. to render to A. B. according to the form and efFe£l of the adjudication of execution upon a certain re- cognizance, by them the faid E. F. and G. H. ac- knowledged to the faid A. B. for the faid C, D. m our 414 tXfeCUTIDN ifi SCIRE PAClis our court before Jo/:n Lord £lcIon and his compai'! nions^ our julllces of the Bench at Wejiminfter ; ad by the record and proc edhigs of the adjudication of execution thereupon, which by virtue of our writ for correfting error we lately caufed to be brought into cur court before us, appears to us of record : And whereupon, iri our faid court before us at WeJiminJIer, it iS confidercd, that the l^iid A. B. have his execution tliereupon againit the faid E. F. and G. H. of the faid feveral fums of /. and /. by them in form aforefaid refpe6live]y acknowledged, to be levied of their refpe£live lands and chattels, by the default of them the faid E. F, and G. H. as alfo nppears to us of record ; and have there this writ. Witnefs, ^c. 'Thelike, agalnft bail in error, on a recognizance taken in ihe Common Pleas. George the Third, bV. To the fheriff of MUU d!efe>:^ greeting : Vv^'e command you, that of the goods and chattels of E. F. of, t7>. and G. H. ofj i^c. the bail of C. D. in your bailiwick, you caufe to be made A and have that money before us on , whcrefoever we flird] then be ia Eftglaiid, to rendei to A. B. according to the form and efFe6l of a certain recognizanccj by them the faid E. F. and G. H. acknowledged to the faid J. B. for the faid C. D- upon our certain writ of error, in our court before jfo/jii Lord Eidon our chief-juftice of the Bench, at his chambers fituate in Setjeants*- Jmiy Chancery-Lave^ London ; as by the record thereof, which we lately for certain reafons caufed to be brought into our court before us at WeJiminJIer^ appears to us of record : And whereupon it is cob- fidered in cur fame court before us at Wejlmtnjler afore- Jiforefaid, that the faid A. B. have his execution thereupon again ft the faid E. F. and G. H. for the faiil /, by the default of them the faid E. F. and G. H. as alfo appears to us of record ; and have there this writ. Witnefs, ^'c. Geot'Pe the Third, feV. To the flieriff of HHd' Ti.e like, on a dlefex, greeting: We command you, that ot the taken in the goods and chattels of E. F. and G. H. the bail of ^^'"^'^ ^■""'''• C. D. in your bailiwick, you caufe to be made 1 /. and have that money before us at Wejiminjier, on next after , to render to A. B. accord- ing to the form and efFe6l of a certain recognizance, by them the faid E. F. and G. H. acknowledged to the faid A. B. for the faid C. D. upon our certain writ of error, in our faid court before us at V/eJlmhi' Jier aforefaid : And whereupon it is confidcred, in our faid court before us, that the faid A. B. have his execution thereupon againft the faid E. F. and G'. H. by the default of them the faid E. F. and G. H. as appears to us of record j and have there this writ. Witnefs, &c. G«)r^^ the Third, U'c. To the fherifF of Mid- C^ph, ^d faf.f- , 1 1 fctcicndum againft d/efex, greetinp;: We command you, that you take baiUorheaaion, E. F. and G. H. the bail of C. D. if they be found '" '"^^ ^^i^s',^ J Beiicti by bill, in your bailiwick, and them fafely keep, fo that you after detauU on may have their bodies before us at Wsjlminjier, on next after . to fatisfy A. B. /. which the faid A. B. lately in our court before us, reco- vered againft the faid C. D. for his damages which he had fuftained, as well on occafion of the not per- forming certain promifes and undertakings then 1 1 lately 4l6 EXECUTION in SCIRE FACIAS lately made by the faid C. D. to the faid A. B. (or if in debt, " a certain debt of /. which A. B. lately in our court before us at WeJiminJIert xqcO' vered againll the faid C D. and alfo /. which in our fame court before us were adjudged to the faid A. B. for his damiges which he had fuflained, 3S well on occafion of the detaining of the faid debt"}, as for his cofts and charges by him about his fuit in that behalf expended ; whereof the faid C. D, is convicted, as appears to us of record ; And where- upon it is confidered in our fame court before us, that the faid A. B. have his execution againft fha* faid E. F. and G. H. for the damages (or debt and damages) aforefaid, according to the force, form and efFc£t of a certain recognizance by them the faid E. F. and (?. H. acknowledged in our faid court before us, for the "faid C. D. at the fuit of the faid A. B. in the plea aforefaid, by the default of the faid E. F. and G. H. as alfo appears to us of re- cord ; and have theie then this writ. Witnefs, &c. The like, after //^g }„ (i.q ]^{];^ ^^ the end of the award of execu- plea to a jcire/a- ^ tiui. tion, without ftating it to be by default, and then as follows ;) and alfo to fatisfy the faid A. B. ■ /, for his damnges cofls and charges which he hath been put unto, on occafion of the faid E. F. and G, H.. having pleaded to our writ oi Jcire facias, fued out againft them, at the fuit of the faid A. B. in that behalf; whereof the faid E. F. and G.H. are con- vidled, as 'alfo appears to us of record ; and have shere then this writ. Witn-rfs, ^V. ^ George agahijl BAIL. 417 George the Third, ^c. To the fherifF of , 'T:^atum capias -.TTi 11 11 n 'rr or' '" greeting : Whereas A. B. lately in our court before us at W'efminjlery by bill without our writ *, and * Thi3 and the following writs are drawn as if the former proceedings were by bill ; if they were by originjl, fay, " by our writ, and by the judgment of the fame court," &c. making the writ returnable on a ge- ireral return-day, whcrefoever, &c. and infte^d of concluding with the words " have there tlien the names," &c. fay, " have there the names,'' Sec. by on JUDGMENTS. i 4^9 by the judgment of the fame court, recovered againft C. D. /. for his damages which he had fuf- tained, as well on occafion of the not performing certain promifes and undertakings then lately made by the faid C. D. to the faid A. B. as for his cofts and charges by him about his fuit in that behalf ex- pended ; whereof the faid C. D. is convi£led, as appears to us of record : And now on the behalf of the faid A. B. in our faid court before us, we have been informed, that although judgment be thereupon given, yet execution of the damages aforefaid (lill remains to be made to him ; wherefore the faid A. B. hath humbly befought us to provide him a proper remedy in this behalf : And we being willing that what is juft in this behalf fliould be done, com- mand you, that by honefl and lawful men of your bailiwick, you make known to the faid C D. that ,. he be before us at Wejlmifijler^ on next after , to Ihew if he has or knows of any thing to fay for himfelf, why the faid A, B. ought not to have his execution againft him, of the damages aforefaid, according to the force, form and efFe£l of the faid recovery, if it fhall feem expedient for him fo to do ; and further to do and receive what our faid court before us (hall then and there confider of him in this behalf i and have there then the names of thofe by w^hom you fhall fo make known to him, and this writ. Witnefs Lloydljox^ Kenton at Weji' minjier-j the •■ day of in the.—— year of our reign. IVay^ E E 2 . George 420 WRITS £/■ SCIRE FACIAS The like, m George the Third, ^c. To the flierifF of i' debt. . greeting : Whereas A. B, lately in our court before us at Wefiminjler^ by bill without our writ, and by the judgment of the fame court, recovered againfl: CD. a certain debt of ■ /. and alfo /. which in the fame court were adjudged to the faid A. B. for his damages which he had fuftaincd, as well on occafion of the detention of the faid debt, as for his cods and charg;es by him about his fuit in that behalf expended \ whereof the faid C. D. is convicted, as appears to us of record : And now on the behalf of the f;nd A. B. in our faid court before us, we have been informed, that although judgment be thereupon given, yet execution of the debt and damages aforefaid flill remains to be made to him ', wherefore the faid A. B. hath hum.bly befought us to provide him a proper remedy in this behalf: And we being willing that what is juft in this behalf fnould be done, command you, that by honeft and lawful men of your bailiwick, you make known to tiie faid C. D. that he be before us at Wejlmlnjlery on next after , to fliew if he has or knovv'S of any thing to fay for himfelf, why the faid A. B. ought not to have his execution againfl; hiai, of the debt and damages aforefaid, according to the force, form and effe£l of the faid recovery, if it ihall feem expedient for him fo to do j and further to do and receive, l^c. (as in the laft). the like, in Gecrge ihcT\\\n]y Id" c. To the flierifF of , Hoover, ant. *" , - greetnig : Whereas A. B. lately m our court betore us at We/JmwjJet'y by b:!' virhout our writ, and by tlie judgment of the fame court, recovered againft 14 CD. Otl JUDGMENTS. ^jt C D. /. for his damages which he h^d fuf- tained, as well on occafion of the breach of a ertain covenant made between tlie faid A. B. and the faid C. D. as for his colli and charges by him about his fgit in that behalf expended ; whereof the faid C. D. is convifted, is'c. For his damages which he had fudained, as well in cafe, on occafion of a certain grievance then lately com- mitted by the faid C. D. as for his cods, ksC For his damages which he had fuftanied, as well Inreplcvia. en occafion of the taking and unjuRly detaining of the cattle goods and chattels of the faid A. B. as for his cofls, ^i'. For his damages which he had fudained, as well in trcfpafs. on occafion of certain trefpafles then lately com- mitted, by the faid C. D. as for his cods, td'c. George the Third, i^c. To the flierifFof - , In ejeamcnt, by greeting : Whereas A. B. lately in our court before us at Wejlminjler, by our writ, and by the judgment of the fame court, recovered againd C. D. his term then and yet to come of and in one mefluage, ijc. with the appurtenances, in the parifii of in your county, which E. F. on the day of in the — — year of our reign, had demifed to the faid A. B. to have and to hold the fame to the faid A. B. and his affigns, from tlic day of . then lad pad, for and during and unto the full end and term of years from thence next enfuing, and fully to be complete and ended ; by virtue of which faid deraife, the faid A. B. entered into the E E 3 tene-' original. 422 WRITS of SCIRE FACIAS tenements aforefaid with the appurtenances, and was thereof poflefled, ur.til the faid C. D. afterwards, to wit, on the day of — in the year aforefaid, with force and arms, t^c. entered into the tenements aforefaid with the appurtenances, which the faid E. F. had demifed to the faid A. B. in manner and for the term aforefaid, which is not yet expired, and ejected the faid A. B. from his faid farm ; and alfo /. for the damages which the faid A. B. had fuftained, as well on occafion of the trefpafs and ejectment aforefaid, as for his colls and charges by him about his fuit in that behalf expended ; whereof the faid C. D. is convi£lqd, as appears to us of record : And now on the behalf of the faid A. B. in our faid court before us, we have been informed, that although judgment be thereupon given, yet execution of that judgment ftill remains to be made to him; wherefore, ijfc. (as before): And we being willing that what is juft in this behalf llaould be done, command you, that by honeft-and lawful men of your bailiwick, you make known to the faid C. D. that he be before us on where- ibever, ks'c. to fhew if he has or knows of any thing to fay for himfelf, (or if the judgment was againft the cafual ejeclor, the fherifF fliould be commanded to make known to the faid C. D. and alfo to — — and the tenants of the tenements aforefaid, that they be, i^c. to fhew if they have or know, or if either of them hath or knoweth, of any thing to fay for themfelves or himfelf,) why the faid A. B. ought not to have the pofielTion of his faid term yet to com.e of and in the tenements aforefaid with the appurtenances, and alfo execution of the damages coils and charges aforefaid, according to the force, form on JUDGMENTS. 423 form and efle^l of the faid recovery, if It fiiall feem expedient for him fo to do j and further to do and receive, i^c, George the Third, i5'c. To the flieriff of , ^che fecm fas ^ . the d .-ndant, greetmg: Whereas CD. lately m our court before us for coiis. at TVeJlminJlei-y hy the judgment of the fame court recovered again ft A. B. /. which in the fame court were adjudged to the faid C. D. according to the form of the ftatute in fuch cafe made and pro- vided, for his cofts and charges by him laid out, in and about his defence of and in a certain plea of trefpafs on the cafe, isfc. (or as the plea was) before then commenced and depending in our fame court, by and at the fuit of the faid A. B. againft the faid C. D. whereof the faid A, B. is convifted, ^c. And now on the behalf of the faid C. D. in our faid court before us, we have been informed, that although judgment be thereupon given, yet execution of the cofts and charges aforefaid ftill remains to be made to him ; wherefore the faid C. D. hath humbly befought us to provide him a proper remedy in this behalf: And we being willing, is'c. command you, that by honeft and lawful men of your bailiwick, you make known to the faid A. B. that he be before us at Wejimtnjler, on next after , to fhew if he hath or knoweth of any thing to fay for himfelf, why the faid C. D. ought not to have his execution againft him, of the cofts and chargei^ aforefaid, ac- cording to the force, form and effe£l of the faid recovery, if it fl^all be expedient for him fo to do ; and further to do and receive, b't\ . E E 4 George 424 JScirefaclat to a county-palatine. WRlTo of SCIRE FACIAS George the Third, i^c. To our chancellor of our county-palatine of Lnnca/ier, or to his deputy there, greeting : Whereas A. B. lately in our court before lis at Wejlminjler^ by bill without our writ> and by the judgment of the fame court, recovered, bfr. (as before, to the mandatory part of the writ, which is as follows) : command you, that by our writ under the feal of our faid county-palatine to be duly made, and directed to the fneriff of the faid county- palatine, you command the faid (heriff, that by good and lawful men of his bailiwick, he make known, i^c. (as before) ; and have you there then the names of thofe by whom the faid (herifF (hall fo make known to him, and this writ. Witnefs, Sdreju'clas after ^ tbcmer revival. George the Third, 'iSc. To the Iheriff of , greeting : Whereas ^. B. lately in our court before us at Wejlmlnjler, by bill without our writ, and by the judgment of the fame court, recovered, k^c. (dating the judgment) ; whereof the faid C. D. ^ convi6led, as appears to us of record •, and where- upon it was afterwards confidered in our faid court before us, that the faid j4. B. fliould have his exe- cution againft the faid C. D. of the damages (or debt and damages) aforefaid, according to the force, form and efFe£l: of the faid recovery, as alfo appears to US of record : And now on the behalf of the faid ji, B. in our faid court before us, we have been in- formed, that although judgment be thereupon given, and execution awarded in form aforefaid, yet exe- cution of the damages (or debt and damages) afore- faid ftill remains to be made to him j wherefore the (ai4 Ofl JUDGMENTS, petuUllg ERROR. 42^ laid A. B. hatli humbly befought us to provide him a proper remedy in this behalf: And we being wil- ling that what is jufl: in this behalf {hould be done, connnand you, that by honefl and lawful men of your bailiwiclc, you make known to the faid C. D. tiiat he be before us at Wejiminjhr, on next after , to fliew if he has or knows of any thing to fay for himfelf, why tlie f;*id A. B. ought not to have his execution againft him, of the damages (or debt and damages) aforefaid, according to the force, form and effedl of the faid recovery and award of execution, if it fliall feem expedient for him fo to do ; and further to do and receive, i^c. George the Third, l^fc. To the flieriff of , Sdrepcht pcTi.ling error, oji greeting: Whereas A. B. lately in our court before a judgment of the right honorable John Lord Eldon and his com- pigas°'"'^°° panions, then our ju dices of the Bench at W'efl- minjler, by our writ, and by the judgment of the fame court, recovered, c^c. (flating the judgment) ; vihereof the faid A. B. is convicled, as by the in- fpeflion of the record and proceedings thereof, which for certain caufes of error, we lately caufed to be brought into our faid court before us, appears to us of record : And now on the behalf of rhefaid A. B. in our faid court before us, we have been in- formed, iffc. (as before, p. 419. making the writ returnable on a general return- day, wherefoever. Gec^ge 42f> WRITS of SCIRE FACIAS The nice, on George the Third, f^V. To the fherifFof ' , ktaio'r^wun. greeting : Whereas J. B. lately in our court of . before the judges of the fame court, without our writ, and by the judgment of the fime court, re- covered againft C. D. /. for his damages which he had fuftained, as well on cccafion of the not per- forming certain promifes and undertakings then lately made by the faid C. D. to the faid A. B. at in your county, and within the jurifdicliou of the fame court, as for his coils, ^ct, whereof the faid C. D. is convi£led, as by the infpe^tion of the record and proceedings thereof, which for certain caufes of error, we lately caufed to be brought into our faid court before us, manifeflly appears : And now on the behalf of the faid J. B. in our faid court before us, we have been informed, &c. (as in the Scire fadasy^h^r George the Third, i^c. To the fiierifiF of , a judgment of the ^gg^ing : Whcreas ^. 2^. lately in our court before Common Fleas, b b J affiimed in the (\^q right honorable John Lord Eldon and his com- panions, then our juftices of the Bench at Wejl- m'lnjUr^ by our writ, and by the judgment of the fame court, recovered, ^c. (ftating the original judgment); whereof the faid C Z}. is convi£l:ed, as by the infpedlion of the record and proceedings thereof, which we lately caufed to be brought into our court before us, by virtue of our certain writ of error profecuted by the faid C. D. of and upon the premifes, and which now remains in our faid court before us, in all things affirmed, appears to en JUDGMENTS, afUf AFFIRMANCE, &C. i^lj to US cf record ; and alfo /. which in our faid court before us were adjudged to the faid ^. B. ac- cording to the form of the ftatute in fuch cafe made and provided, for his damages cofls and charges whicli he had faftained, on occafion of the delay of execution of the judgment aforefaid, on pretence of profccuting our faid writ of error, by the faid C. D. fo as aforefaid profecuted of and upon the premifes; whereof the faid CD. is alfo convi(fled, as appears to us of record : And now on the behalf «f the faid A. B. in our faid court before us, we have been informed, that although judgment be thereupon given and afiirmed in form aforefaid, yet execution of that judgment dill remains to be made to him ; wherefore the faid A. B. hath humbly be- fought us to provide him a proper remedy in this behalf : And we being willing that what is juft in this behalf fliould be done, command you, that by honed and lawful men of your bailiwick, you make known to the faid C. D. that he be before us on — — — wherefoever we fiiall then be \x\ Esiglandy to (liew if he hath or knoweth of any thing to fay for himfelf, why the faid A. B. ought not to have his execution againfl him, of the djmages colts and charges aforefaid, according to the force, form and efFe»£l of the recovery and adjudication aforefaid, if it (hall feem expedient for him fo to do ; and fur- ther to do and receive, Is'c. , George the Third, iyc. To the ftierifF of , The like, after ^ greeting : Whereas A. B. lately in our court before ^KSg^'B.nch!" us at Wef.in'injlcri by bill without our writ, and by a'^'^cd in the . r 1 /- Exchequer- xm judgment ot the fame court, recovered, isfc. chamber. (dating 428 WRITS o/'SCIRE FACIAS (ftating the original judgment) ; whereof the laid C. D. is convi6led, as appears to us of record ; and alfo /. adjudged to the faid ^. 5. in our Ex- chequer-Chamber, according to the form of the fta- tute in fuch cafe made and provided, for his da-^ mages cofts and charges which he had fuftained, on cccafion of the delay of execution of the judgment aforefaid, on pretence of profecuting our certain writ of error, profecuted by the faid C. D. againft the faid A. B. in our Exchequer-Chamber aforefaid, before our juftices of the Bench, and the baions of our Exchequer of the degree of the coif, according to the form of the ftatute in fuch cafe made and provided : And now on the behalf of the faid A. B, in our faid court before us, we have been informed, that although judgment be thereupon given and affirmed in form aforefaid, yet execution of that judgment ftill remains to be made to him 5 where- fore the faid A. B. hath humbly befought us to pro- vide him a proper remedy in this behalf: And we being willing that what is juft in this behalf fhould be done, command you, that by honeft and lawful men of your bailiwick, we make known to the faid C. D. that he be before us at Wejlminjler^ on — — next after , to fliew if he hath or knoweth of any thing to fay for himfelf, why the faid A. B. ought not to have his execution againd him, of the damages cofts and charges aforefaid, according to the force, form and effedl of the recovery and adju- dication aforefaid, if it fliall feem expedient for him fo to do •, and further to do and receive, i^c. George udamenc. on JUDGMENTS, after AFFIRMANCE, ScC. 429 George the Third, l£c. To the (herifF of , The like, after a . , o ' von pros, on a greeting : Whereas A. B. lately, to wit, at the writ of faife- councy-court of efquire, fiierifF of your county, held at in and for the faid county, and within the jurifdi£lion of the fame court, on the day of in the year of our Lord 179 - , before E. F. G. H. J. K. and L. M. gentle- men, freeholders of the faid county, and fuitors of the fame court, by the confidcration and judg- ment of the fame court, recovered, ^c. (dating the judgment in the county-court); whereof the faid C. D. is convidled, as by the record of the plaint between the faid A. B. and C. D. in that behalf, which we lately caufed to be recorded in the full county afoi-efaid, and the record thereof had in our court before us at Wejlnnnjler^ on, iSc. lafb paft, under the feal of the faid flierifF of the faid county, and the feals of four lawful knights of the fame county, of fuch as were preffint at the faid recording, by virtue of our writ, at the inftance of the faid C. Z>. who complained that falfe judg- ment had been given againft him in the faid county, and which faid writ the faid C D. did not further profecute in the fame court, mauifeftly appears ; neverthelefs execution of the faid judgment fLill re- mains to be made, as on the information of the faid A. B. in our faid court before us, we have been given to underftand : And becaufe we are willing that thofe things which in our faid court, and in the county-court aforefaid, are rightly done and tranf- a6led, fhould be duly carried into execution ; therefore we command you, that by honeft and lawful men of your bailiwick, you make known, 43® URITS of SCIKE FACIAS Scire facias on the 8 & 9 IF. 111. c. II. ^8. for further bre'iches, on articles of , agreement. George \\\t Third, ^c. To the flieriffof y greeting : Whereas A. B. heretofore, to wit, in term, in the year of our reign, in our court be- fore us at WeJIip.hiJIcry by bill without our writ, and by the judgment of the fame court, recovered againft C. D. a certain debt of « /. and alfo /. which in the fame court were adjudged to the faid A, B. for his damnges which he had fuftalned, as well on occafion of the detaining of that debt, as for his cofts and charges by him about his fuit in that behalf expended ; whereof the faid C» D. was con- vidted, as by the record and proceedings thereof, remaining in our faid court before us at Wejlmwjier aforefaid, manifeftly appears: And afterwards, at this day, to wit, on the day of in the year of our reign, the faid A. B. by E. F. his attorney, comes into our faid court before us at Wejlminjler aforefaid, and according to the form of the ftatute in fuch cafe made andprovided, gives the fame court here to underfland and be informed, that the faid debt fo by him recovered as aforefaid, was and is a certain penal fum of /. mentioned in certain articles of agreement, made the — day of in the year of our Lord 1 79 -, to wit, at, l^c. between the faid A, B. (by the name and ad- dition of, t5V.) of the one part, and the faid C. D. (by the name and addition of, tSc.) of the other part, (one part of which faid articles of agreement, fealed with the feal of the faid C. D. and bearing azt^i the day and year lad aforefaid, the fa-d A. B. now brings here into court,) by which faid articles of agreement, redting, i5'c. it is witnefled, l^c. (fetting forth fo much of the articles, as is neceffary for af- 14 ■ figning for MATTERS ariftng after JUDGMENT. 43 * figning the further breaches) : And the faid A. B. alfo gives our faid court here to underftand and be informed, that the bill of him the faid A. B. in the faid a(Stion, in which he fo obtained fuch judg- ment as aforefaid, was exhibited upon the day of in the year of our Lord 179 - ; and that the faid action was brought and commenced upon and for a certain breach of the aforefaid articles of agree- ment by the faid C. D. before the exhibiting of the bill aforefaid : But the faid A. B. for further and other breaches of the faid articles of agreement, according to the form of the ftatute in fuch cafe made and provided, gives our faid court here to un- derftand and be informed, ^c. (c.ffisining the fur- ther breaches) ; which faid feveral breaches of the faid articles of agreement fo affigned, the faid A. B, doth aver and give our faid court here to underftand and be informed, are further and other breaches than the breaches for and by reafon of which he ob- tained the faid judgment fo by him recovered as aforefaid ; and for which faid further and other breaches, he hath humbly befought us to provide him a proper remedy : And we being willing that what is juft in this behalf Ihould, be done, do, ac- cording to the form of the ftatute in fuch cafe made and provided, command you, that by honeft and lawful men of your bailiwick, you make known to the faid C. D. that he be before us at Wefnnnfler^ on next after , to fhew caufe why exe- cution fliould not be had and awarded againft him, upon the faid judgment fo obtained as aforefaid, for the damages which the faid A, B, hath fuftained, by reafon 43t WRITS £/" SCIRE FACIAS tcafon of the faid further and other breaches of tKt faid articles of agreement, if it (hall feem expediert for him fo to do j and further to do and receive, Scirffcri George the Third, ^c. To the fliefiff of , greeting : Vv'hereas by our writ we lately command- ed you, that of the goods and chattels in your baili- • Ivick, which were of E. F. deceafed at the time of his death, in the hands and poflefTlon of C. D. executor of the lafl will and teftament of the faid E. F. (or adminiftrator of all and fingular the goods chattels and credits, which were of the faid E. F. at the time of his death, who died inteftate, as it is faid,) to be adminiftered, you (hould caufe to be made a certain debt of /. v/hich A B. lately in our court before us at Wejlminjler^ recovered, i^.c. (as in the writ q{ fieri facias) ; Vi'hereof the faid C. D. was convicted, as appeared to us of record : if the faid CD. had fo much thereof in his hands to be ad- miniftered, and if he had not fo much thereof in his hands to be adminiftered, then that you fliould caufe the damages aforefaid to be made of the proper goods and chattels of the faid C D, and that you fhould have that money before us at I'VeJlmin- Jler, on a certain day now paft, to render to the faid A, B. for his debt and damages aforefaid : And you at that day returned to us, that the faid C. D. had no goods or chattels in your bail- iw'ck, which were of the faid E, F. at the ;:ime of his death, in the hands cf.the faid C. D. to be adminiftered, whereof you could caufe to be made for MATTERS ariftig after JUDGMENT. 433 made the debt and damages aforefaid, or any part thereof; and that the faldC. D. had not any of his own proper goods or chattels in your bailiwick, whereof you could cauTe to be made the damages aforefaid, or any part thereof : And becaufe the re- turn aforefaid by you made in our faid court before us, feems to be in delay of execution of the debt and damages aforefaid ; and becaufe on the behalf of the faid A. B. in our faid court before us, it is fufficiently teftified, that divers goods and chattels v^hich were of the faid E. F. at the time of his death, to the value of the debt and damages aforefaid, after the death of the faid E. F. came to the hands and pofleffion of the faid C. D. to be adminiftered, and that the faid C. D. hath fold and wafted thofe goods and chattels, and converted and difpofed o£ the money arifing therefrom to his own ufe ; and that the faid C. D. hath eloigned the refidue of the goods and chattels which were of the faid E. F. at the time of his death, to places to the faid A.B. unknown, and hath converted and difpofed of the faid laft-mentioned goods and chattels to his own ufe, with intent that execution thereof fhould not as yet be made ; and becaufe we arc unwilling that thofe things which in our faid court before us, are rightly done or adjudged, fhould be rendered inef- fedtual by fraud or fubtilty ; therefore we command you, that of the goods and chattels in your baili- wick, which were of the faid E. F. at the time of his death, in the hands of the faid C. D. to be ad- miniftered, you caufe to be made the debt and da- mages aforefaid, if they can be levied thereof; and have the money thereof levied before us at Wef}~ F F minJJerf '134 WRITS o/" SCIRE FACIAS — next after , to render to tlic minjler, on - faid A. B. for his debt and damages aforefaid ; and if they cannot be thereof levied, then if It (hall ap- pear to you, by the inquifition upon oath of honeft and lawful men of your bailiwick in this behalf to be taken, or in any other manner by which you may the better know, that the faid C. D. hath fold, eloigned, wafted, or converted or difpofed of to his own ufe the goods or chattels which were of the faid E. F. at the time of his death, in the hands of the faid C. D. to be adminiftered, to the value of the debt and damages aforefaid, or any part thereof, that then by honeft and lawful men of your baili- wick, you make known to the faid C. D. that he be before us at WeJ}minJ}cry on next after — , to {hew if he has or knows of any thing to fay for himfelf, why the faid A. B. ought not to have his execution againft him, of the debt and damages aforefaid, to be levied of the proper goods and chat- tels of the faid C. D. If it fhall feem expedient for him fo to do j and further to do and receive, i^c. Scire facks Gcorge the Third, tfr. To the fherlfF of , againft an exe* , a -n i • i r- cutor or admi- grcctmg : Whereas A. B, lately m our court before j"t-nto7aLs y^^^tWcJminJler, by bill without our writ, and by f^nJo accidirint. the judgment of the fame court, recovered againft C. D. executor of the laft will and teftament of £. F. deceafed (or adminiftrator of all and fmgular the goods chattels and credits, which were of the faid F. F. deceafed at the time of his death, who died inteftate) A for his damages, t^c. (or a certain debt of /.) to be levied of the good's and chattels which were of the find E. F. at the time for MATTERS arifing after JUDGMENT. 43 J time of his death, and which fhould tliereafter come to the hands of the faid C. D. executor (or admi- niftrator) as aforefaid to be adminiflered ; whereof the faid C. D. was convI£led, as appears to us of record : And although judgment be thereupon given, yet execution of the damages (or debt) aforefaid, flill remains to be made to him ; and after the judg- ment aforefaid, in form aforefaid given, divers goods and chattels which were of the faid E. F. at the time of his death, to the value of the damages (or debt) aforefaid and more, came to and are now in the hands and pofleflion of the faid C. D. executor (or adminiftrator) as aforefaid to be adminiftered, whereof he may fatisfy the faid A. B. for the da- mages (or debt) aforefaid, as by the information of the faid A. B. in our faid court before us, we have been given to underftand ; wherefore the faid A. B. hath humbly befought us to provide him a proper remedy in this behalf: And we being willing that ■what is juft in this behalf fhould be done, command you, that by honed and lawful men of youi? bailiwick, you make known to the faid C. D. execu- tor (or adminiflrator) as aforefaid, that he be before us at Wejiminjler, on — — next after , to fliew if he hath or knoweth of any thing to fay for him- felf, why the faid A. B. ought not to have execution againft him for the damages (or debt) aforefaid, to be levied of the goods and chattels which were of the faid E. F. at the time of his death, and which fo as aforefaid came to and are now in the hands of the faid C. D. exeeutor (or adminiflrator) as afore- faid to be adminiftered, if it fhall feem expedient for him fo to do j and further to do and receive, ^c. F r 2 George 43^ Scire fac'iis againft the fur ture effe£ls of a bankrupt, whofe eftate did not pay fifteen (hillings in the pound, under a fecond comiTiifiior.. WRITS of SCIRE FACIAS George the Third, &c. To the fterifF of ; , greeting : "Whereas yi. B. lately in our court before us at Wejltninjlei'y by bill without our writ, and ty the judgment of the fame court, recovered, k2fc. (as in a common fcire facias, to the words " as appears to us of record") : And whereas alfo we have been informed, that after the 24th day of Jutie in the year of our Lord 1732, and before the iffiiing of the fecond comminion of bankrupt agaiaft the faid C. D. hereinafter mentioned, to wit, on, l^c. at, k^c. the faid C. Z). became a bankrupt, within the true intent and meaning of the feveral ftatutes made and now in force concerning bankrupts, or fomc or one of them j and that thereupon afterwards, to wit, on, if^c. at, ^c. aforefaid, a commiflion of bankrupt, under the great feal of Great Britain, was duly awarded and iflued againft the faid C. D. as by the faid commilTion appears ; and that the faid CD. afterwards, to wit, on, ifff. at, ^'c. aforefaid, was under and by virtue of fuch commiffion, duly found to have become a bankrupt, before the date and if- fuing forth of the faid commiflion, and was there- upon then and there declared and adjudged a bank- rupt accordingly ; and that the faid C. D, after- v/ards, to wit, on, tsfc. at, ^c. aforefaid, did in due manner obtain his certificate under the faid com- miflion of bankrupt, fo awarded and iflued againft. the faid C. D. as aforefaid ; and that the faid C. D. was thereupon afterwards, to wit, on, Isfc. lafl: aforefaid, at, i^c. aforefaid, difcharged in that behalf, by virtue of a certain a£l of parliament made and pafled in the fifth year of the reign of his late majeft;y king George the Second, intitled " An a6t to prevent the for MATTERS ar'iftng after judgment. 437 the committing of frauds by bankrupts j" and that the faid C. D. after fuch difciiarge, to wit, on, iSc. did again become bankrupt, within the true intent and meaning of the feveral (latutes made and now in force concerning bankrupts, or fome or one of them ; and that thereupon afterwards, to wit, on^ i^c. at, ^c. aforefaid, another comniifBon of bank- rupt, under the great feal of Great Britain^ was duly awarded and iflued againft the faid C. D. as by the faid lad- mentioned commilfion appears ; and that the faid C. D. afterwards, to wit, on, cifc. at, i^c. aforefaid, was under and by virtue of fuch iaft- nientioned commiflion, duly found to have become /■ a bankrupt, before the date and ifluing forth of the faid lall- mentioned commiflion, and was thereupon then and there declared and adjudged to be a bankrupt accordingly : And whereas we have been further in- formed, that the debt for which the judgment aforefaid was given, became and was due and owing from the faid C. D. to the faid A. B. after the faid C. D. was difcharged as hereinbefore-mentioned, and before the faid C. D. became bankrupt as laft above-mentioned ; and that the faid C. D. after the faid judgment was given in form aforefaid, to wit, on, k^c. at, ^c. was charged in execution upon the faid judgment for the debt and damages aforefaid, and was detained in prifon on that occa- fion, until the time of his difcharge as hereinafter- mentioned ; and that the faid C. D. after the faid judgment was given in form aforefaid, and after the faid C. D. was fo cliarged in execution aforefaid^ to wit, on, i^c. at, ^c, aforefaid, duly obtained his certificate under the faid laft-mentioned com- F F 3 miffion 43 S " -WRITS o/' SCIRE FACIAS miiiion of bankruptcy, fo awarded and iflued againft the faid C. D. as aforefaid, and was thereupon afterwards, to wit, on, ^c, difcharged out of cuftody on fuch execution, by virtue of the faid act of parliament made and pafled in the fitth year of the reign of his faid late majefly king George the Second, intitled " An a£l to prevent the commit- ting of frauds by bankrupts j" and the eftate of the faid C. D. hath not at any time hitherto produced clear, after all charges, fufficient to pay every cre^ ditor under the faid laft-mentioned commiflion, fo awarded and ilTued againft the faid C. D. as afore- faid, fifteen fliillings- in the pound for their refpec- tive debts : And whereas alfo we have further been informed, that the faid C. D. is poflefled of divers goods and chattels in your bailiwick, as of his own proper goods and chattels, which have become the goods and chattels of the faid C. D. fince the time pf his obtaining his certificate under the faid laft- nentioned commilfion of bankrupt, fo awarded and iflued againft the faid C. D. as aforefaid, •whereby the faid A, B. may be fatisfied his debt and damages aforefaid ; and tlie faid A. B. hath ob- tained no execution for the faid debt or damages, except as aforefaid j v.hereupon the faid A. B. hath befought us to provide him a proper remedy in this behalf: And we being willing that what is juft in this behalf fhould be done, comniand you, that by good and lawful men of your bailiwick, you caufe to be made known to tlie faid C. D. that he be be^ fore us at Wejlm'wjlery on next after — —, to fhew if he has or knows of any thing to fay for him- ielf, why the faid A. B. ought not to have his excr cucioa after MARRIAGE. 4l^ cution agalnfl the goods and chattels whloh have become the goods and chattels of the faid C. D. fince the time of his obtaining his certificate under the i\iid laft- mentioned commilhun of bankrupt, fo awarded and iiFued againft him as aforefaid, and aJfo againft the eftate and other effed'^s of the faid C. D. (the tools of trade, the neceflary houfeliipld goods and furniture, and neceflary wearing apparel of the faid C. D. and his wife and children, only excepted) for the debt and damages aforefaid, ac- cording to the force, form and effect of th4 faid recovery, and of the ftatute in fuch cafe made and provided, if it rtiall be expedient, for him fo to do ; and further to do and receive, ^d'c. Gw^^^ the Third, ISc. To the fneriff of , Sdrefadashy TTT-1 rf 7-» 1 1 • i L r baron ai)d fenr?, greetmg : Whereas A. B. lately m our court before ^^ ^ judgment us at Wefimtnfier. by bill without our writ, and by '"overed by the •'-'•' •' feme aum jola. the judgment of the fame court, recovered, ^c. Vi^hereof the faid C. D. is convi(51:ed, as appears to us of record ; and afterwards, to wit, on, ijfc. at, ^c. the faid J. B. intermarried with and took to huf- band E. F. as by the information of the faid E, F. and A. his wife, in our faid court before us, we have been given to underftand : And now on the be- half of the faid E. F. and A. his wife, we have been informed, that although judgment be thereupon given, yet execution of the damages (or debt and damages) aforefaid ftill remains to be made to them; wherefore the faid E.F. and A. his wife have humbly tefought U8 to provide them a proper remedy in this F F 4 behalf : 440 WRITS o/" SCIRE FACIAS behalf: And we being willing, ^^c. (as in a com- mor\ fcire facias i to the end.) The like, againft G^(7?'_g^ the Third, iSc. To the (heriff of , baron and feme, g^gefj^p . Whcreas ^. j5. lately In our court before upon a judgrnent t> o ' recovered againft ^g jj|- lye/lmifi/ler. bv bill witliout our writ, and by s/o/«. the judgment of the fame court, recovered againft C. D. &c. whereof the faid C. D. is conviOed, as appears to us of record ; and afterwards, the faid C. D. intermarried with and took to hufband E. F, And now on the behalf of the faid j^. B. in our faid court before us, we have been informed, that al- though judgment be thereupon given, yet execution of the damages (or debt and damages ; aforefaid, ftill remains to be made to him ; wherefore the faid A.B, hath humbly befought us, l^c. The like, by the George the Third, ^c. To the {heriff of , banfruot, on a greeting : Whereas A. B. lately in our court before l^ereTb-foreXe "^ at Wejlminjler, by bill without our writ, and by ba.kiuptcy. the judgment of the fame court, recovered, l^c, (dating the judgment); whereof the fiiid C.T>. is convided, as appears to us of record ; and after- wards, the faid A. B. became bankrupt, within the true intent and meaning of the feveral ftatutes made - and then In force concerning bankrupts, or fome or one of themj whereupon a certain commiflion of bai'krupt, under the great feal of Great Britain^ was duly awarded and iffued againft the faid A. B. and E. F. was duly chofen affignee of the eftate and effe^ls of the faid A. B. under the faid commiflion : i^ And after BANKRUPTCY. 44! And now on the behalf of the fa'ul E. F. afilgnce as aforefaid, in our faid court before us, we have been informed, that although judgment be thereupon given, t3'c. George the Third, ^c. To the fiicrifl- of — , Sche fidas by or fTri y» r> 1 1 • 1 r ngaind a!i execu- greeting: Whereas A. h. lately in our court before t„r or admini. us at Wejimmjler, to wit, in term laft paft, (or !J";,°^ g'^'"" in the year oT our reign,) by bill without our o?/'. ///. c. ti. writ, impleaded CD. being in the cudody of the of the parties dies marOial of our marflialfea before us, of a plea of f''^}^]^'^'^^^- ' r tory judgment, trefpafs on the cafe, i^c. (or as the plea is,) declaring an<^ ''cf'-f-s ^^e inuliig of a writ in the fame plea againft him ; for that whereas, t5'/-. inqjiry. (here recite the declaration) to the damage of the faid A. B. of A as he faid, and therefore he brought his fuit, ^c. And fuch proceedings were "* thereupon had in our faid court before us at Wejl- tninjler aforefaid, that afterwards, to wit, in that fame term (or in term) lafi: paf!:^ (or in the year aforefaid,) it was confidered by our faid court before us, that the faid A. B. ought to recover his damages on occaficn of the premifes ; and afterwards, and before the ifiliing of a writ of inquiry for afleflTing the faid damages, the faid A. B. (or C. Z).) died, having flrft duly made and pub- liflied his lad will and teflament in writing, and thereby <-onfl;ituted ?.nd appointed E.F. (or G, H.) executor thereof; after whofe death the faid E. F. (or G. H.) duly proved the faid laft will and teftament of the faid A, B. (or C. D. ) and took upon himfclf the burthen ^^2 WRITS ij/* SCIRE rACIAS burthen of the execution thereof, (or if the plaintiff or defendant died inteftate, fay, " the faid A. B. (or C. Z).) died inteftate, and adminiftration of all and fmgular the goods chattels and credits which were of the faid A, B. (or C D.) at the time of his death, by John by divine Providence, archbiihop of Canter' bury^ primate of all Ejigland and metropolitan, in due fo?m of law was granted to E. F. (or G. H.) to wit, at in your county •,") as by the information of the faid E. F. executor (or adminiftrator) as afore- faid (or of the faid A. B.) in our faid court before us, we have been given to underftand : Wherefore the faid E. F. executor (or admlniftrator) as aforefaid (or the faid A. B.) hath humbly befought us to pro- vide him a proper remedy in this behalf: And wc being willing that what is juft In this behalf fhould be done, command you, that by honeft and lawful men of your bailiwick, you make known to the faid C. D. (or to the faid G. H. executor, or adminiftra- tor, as aforefaid) that he be before us at Wejlmhijler^ on — — next after , to fliew if he has or knows of any thing to fay for himfelf, why the da- mages in the faid a6lion {hould not be aflefled and recovered by the faid E. F. executor (or adminiftra- tor) as aforefaid, (or by the faid A. B.) according to the form of the ftatute in fuch cafe made and pro- vided, if it fhall feem expedient for him fo to do ; and further to do and receive, iJc. The ilke, where George the Third, ^c. To the Iheriff of ■ ^ the death happens . ^ n , , • ■ r af er theifluing, greeting: Whereas A. B, lately in our court before Txecuta o? the "S at Wejlmwjler, to wit, in term laft paft, (or inquiry. JH on DEATH before final junGMENT. 443 in the — — year of our reign,) by bill without our writ, impleaded C. D. being in the cuftody of the marfhal of our marflialfca before us, of a plea of trefpafs on the cafe, t5V. (or as the plea is), declaring in the fame plea againd him ; for that whereas, Wf. (here recite the declMration), to the damage of the faid A. B. of /. as he faid, and therefore he brought his fuit, i^c. And fuch proceedings were thereupon had in our faid court before us at Weji- mitijier aforefaid, that afterwards, to wit, in that fame term (or in term) laft part, (or in the year aforefaid,) it was confidered by our faid court before us, that the faid A. B. ought to recover his damages on occafion of the premifes : But becaufe it was unknown to oui faid court before us, what damages the faid A. B. had fuftained on occafion of the premifes aforefaid ; therefore we commanded you, that by the oath of twelve honefl and lawful men of your bailiwick, you fhould dili- gently inquire what damages the faid A. B. had fuftained, as well on occafion of the premifes afore- faid, as for his cofts and charges by him about his fuit in that behalf expended; and that the inquifition which you ihould thereupon take, you fliould fend to us at Wejlmlnfter^ on next after laft paft, under your feal, and the feals of thofe by whofc oath you fliould take that inquifition, together with our writ to you thereupon directed ; the fame day was given to the faid A. B. at the fame place, as by the re. ord and proceedings thereof, remaining in our faid court before us at Wejlminjhr aforefaid, mor fully and at large appears : And the faid A. B. (or C, D.) after interlocutory judgment had been given 444 V,'RITS O/^SCIRE FACIAS given in form aforefaid, and before any aflcffrnent of damages had been made on cur fuid writ of in- quiry by us to you fent as aforefaid, for the pur- • pofe aforefaid, died, having firfl duly made and publiflied his lafl will and tcftament, i^c. (or died inteftate, ^c. as in the lad precedent) : Wherefore the faid E. F. executor (or adminiflrator) as afore- faid (or the faid C. D.) hath humbly befought us to provide him a proper remedy in this behalf: And we being willing that what is jull in this behalf lliould be done, command you, that by honefl and lawful men of your bailiwick, you make known to the faid C. D. (or to t'le faid G. H. executor, or adminiflrator, as aforefaid) that he be before us at IVejltninfiei-, on next after , to {hew if he has or knows of any thing to fay for himfclf, why the damages in the faid a6lion fliould not be aflefied, and recovered by the faid E. F. executor (or adminiftrator) as aforefaid, (or by the faid A. B.) according to the form of the ftatute- in fuch cafe m^de and provided, if it fiiall feem expedient for him fo to do j and further to do and receive. The like, where G^oro-^f the Third, ^c. To the (heriff of — pens Tfter the" greeting: Whereas -^. -S. lately in our "court before execut on, and ^g ^^ Weflmw/Ier. to wit, in term lad pad, (or b^-fore the return ^ J ^ ' ' ^ r \ •f the inquiry, in the year of our reign,) by bill without our writ, impleaded C. D. being in the cuftody of the mar- fhal of our marfhalfea before us, of a plea of trefpafs on the cafe, ^c. (or as the plea is), declaring in the fame plea againd him ; for that whereas, ijc. (here recite the declaration), to the damage of the faid A. B. on DEATH before FINAL JUDGMENT. 445 A. B. of /, as he faid, and therefore he brought his fuit, t^c. And fuch proceedings were there- upon had in our fajd court before us at Weftmhijitr aforefaid, that afterwards, to wit, in that fame . term (or in term) lafl: pad, (or in the ■ year aforefaid,) it was confidered by our faid court before us, that the faid A. B. ought to reco- ver his damages on occafion of the premifes :- But becaufe it was unknown, i^c. (as in the lafl prece- dent, to the words " more fully and at large appears") : And afterwards, a certain inquifition was taken before you, by the oath of twelve honeft and lawful men of your bailiwick, whereby it was found that the faid A. B. had fuftained damages on occafion of the premifes, to /. befides his coils and charges by him about his fait in that behalf expended, and for S thofe cods and charges to /. And although the faid damages have been aflefled in form aforefaid, yet final judgment for thofe damages flill remains to be given •, and tlie faid A. B. (or C. D.) after inter- locutory judgment had been given, and the faid damages affefled in form aforefaid, and before the return of our faid writ of inquiry by us to you fent as aforefaid, for the purpofe aforefaid, died, having firft duly made and publiflied his lafl will and tefla- ment, ^c. (or died inteflate, i$c. as in the lafl: pre- •edent but one) : Wherefore the faid E. F. execu- tor (or adminiflrator) as aforefaid (or the faid A. B.) hath humbly befought us to provide him a proper remedy in this behalf; And we being willing, that what is juft in this behalf fhould be done, command you, that by honefl and lawful men of your baili- wick, you make known to the faid C. D. (or to the faid 446 WRITS o/* SCIRE FACIAS faid G. H. executor, or adminiftrator, as aforefald,) that he be before us at Wejlminjier^ on . next after , to Ihew if he has or- knows of any thing to fay for himfclf, why the damages afoiefaid, in form aforefaid afleflcd, fhould not be adjudged to and recovered by the faid E. F, executor (or admi- niftrator) as aforefaid, (or by the faid A. B.) accord- ing to the form of the ftatute in fuch cafe made and provided, if it (hall feem expedient for him fo to do J and further to do and receive, l^c. Scire fa:'ias for a furviving plain- tiff. George the Third, is'c. To the fiierifFof , greeting : Whereas y/. B. and C. D. lately in our court before us at WeJiminJIerj by bill without our writ, and by the judgment of the fame court, reco- vered againft E. F. &c. whereof the faid E. F, is convifled, as appears to us of record j and after- wards, to wit, on, ^c. at in your county, the faid CD. died, and the faid A. B. then. and there furvived him ; as by the information of the faid A. B. in our faid court before us, we have been given to underftand : And now on the behalf of the faid A. B. in our faid court before us, we have been informed, that although judgment be thereupon given, tifr. The like, againft a furviving de- fendant. George the Third, ^c. To the fheritF of — — , greeting : Whereas A. B. lately in our court before us at Wejlmtnjler^ by bill without our writ, and by the judgment of the fame court, recovered againft C. D. and E. F, &c. whereof the faid C. D. and E.F. an executor. cfi DEATH afier final judgment. 447 E. F. are convicled, as appears to us of record ; and afterwards the hid E. F. died, to wit, at:, in your county, and the faid C D. there furvived him ; as by the information of the faid A. B. in our faid court before us, we have been given to under- ftand : And now on the behalf of the faid A. B. in our faid court before us, we have been informed, that although judgment be thereupon given, l^c. George the Third, i^c. To the (herifF of , Sdre facias for greeting : Whereas A. B. lately in our court before us at Wejimhijier^ by bill without our writ, and by the judgment of the fame court, recovered, l^c, whereof the faid C. D. is convidled, as appears to us of record ; and afterwards, to wit, on, ^c. at, i^c. the faid A. B. died, having firft duly made and publiftied his laft will and teftament in writing, and thereby conflituted and appointed E. F. execu- tor thereof; after whofe death the faid E. F. duly proved the faid laft will and teftament of the faid A. B. and took upon himfelf the burthen of the execution thereof ; as by the information of the faid E. F. in our faid court before us, we have been given to underftand : And now on the behalf of the faid E. F. executor as aforefaid, in our faid court before us, we have been informed, that although judgment bf thereupon given, yet execution of the damages (or debt and damages) aforefaid ftill re- mains to be made to him ; wherefore the faid E. F. executor as aforefaid hath humbly befought us to provide him a proper remedy in this behalf: And we being willing, i^c. George 44^ WRITS of SCIBE FACIAS The lite, againfl George the Third, ^V. To the fheriff of — — , an txecutor, . _ , ji n \ ^ • i <- greeting : vVhereas A. iJ. lately in our court before us at Wejlminjler^ by bill without our writ, and by the judgment of the fame court, recovered, i^c, whereof the faid C. D. is convicted, as appears to us of record ; and afterwards the faid C. D. died, iJc. (as in the laft, to the words *' execution thereof") ; as by the information of the faid A. B. in our faid court before us, we have been given to un- derftand : And now on the behalf of the faid A.B. in our faid court before us, we have been informed, that although judgment be thereupon given, yet execu- tion of the damages (or debt and damages) aforefaid ftill remains to be made to him •, wherefore, tsfc And we being willing, ^c, command you, that by honed and lawful men of your bailiwick, you make known to the faid E. F. executor as aforefaid, that he be before us at V/eJlminJlery on next after , to fhew if he hath or knoweth of any thing to fay for himfelf, vihy the faid A. B. ought not to have his execution againfl: him, of the damages (or debt and damages) aforefaid, to be levied of the goods and chattels which were of the faid C. D. at the time of his death, in the hands of the faid E. F. to be adminiflered, according to the force, form and effe anis. vered againft CD. 3i\d E. F. /. for his da- mages, (or a certain debt of li) ^c. whereof the faid C. D. and E. F. were convidled, as appears ^ to us of record : And whereas for having execution of the judgpient aforefaid, we lately by our writ commanded our fheriff of — — that of the goods and aga'mjl HEIRS and TERTENANTS. AC"^ and chattels of the faid C. D. and E. F. in his baili- wick, he (hould caufe to be made the damages (or debt and damages) aforefaid j and that he fliould have that money, &c. (as in Zj^eri facias): And our faid flierifF of at that day returned to us, that by virtue of the faid writ to him directed, he had caufed to be made of the goods and chattels of the faid C D. and E. F. the fum of /. parcel of the damages (or debt and damages) aforefaid, which money he had ready before us, at the day and place in the faid writ mentioned, to render to the faid ^. B. in part fatisfa£Hon of his damages (or debt and damages) aforefaid ; and that the faid C. D. and E, F. had not, nor had either of them, any other or more goods or chattels in his bailiwick, whereof he could caufe to be made the refidue of the damages (or debt and damages) aforefaid, or any part thereof: And although judgment be thereupon given, yet execution for /. being the refidue of the da- mages (or debt and damages) aforefaid, ftill remains to be made j and as well the faid A. B. as the faid C, D. and E, F. after the giving of the judgment aforefaid, refpedlively died, as by the information of G. H. executor of the laft will and teltament of the faid A. B. (or adminifhrator of all and fingular the goods chattels and credits which were of the faid A. B. deceafed at the time of his death, who died inteftate, or with the will of the faid A. B, annexed) we are given to under (land j wherefore the faid G, H. executor (or adminiftrator) as afore- faid, hath hiimbly befought us to provide him a pro- per remedy in this behalf: And we being willing that what is juft in this behalf fliould be done, com- G G 3 mand 454 WRITS ^SCIRE FACIASj &C. mane! you, that by honefl: %nd lawful men of your bailiwick, yoji make known to J. K. the fon and heir of the faid C. D. and the tenants of all and ^in- gular the lands and tenements in your bailiwick, whereof the faid C. D. on the day of in the year of our reign, on which day the judg- ment aforefaid was given, or ever afterwards was feifed in "fee-fimple, that they be before us at We/f' minjier, on next after , to fhew if they have or know, or if either of them hath cr knoweth, of any thing to fay for themfelves or himfelf, why the faid /. ought not to be made of thofc lands 3nd tenements, and rendered to the faid G. H. exe- cutor (or adminiftrator) as aforefaid, for the refidue of the damages (or debt and damages) aforefaid, ac- cording to the form and effeft of the faid recovery, if it fhall feem expedient for him fo to do ; and alfo that by honed and lawful men of your bailiwick, you make known to the heir and tenants of all and fmgular the lands and tenements in your baili- ■jvick, whereof the faid E, F. on the faid day of in the year afore faid, on which day the judgment aforefaid was given, or ever after- wards, was feifed in fce-fimple, that they be before us at Wejlmmf-er, on the faid next after , to {hew if they have or know, or if either of them hath or knowtth, of any thing to fay for themfelves or himfelf, why the faid • /. ought not to be made of tbofe laft-mentioned lands and tenements, jind rendered to the faid G. H. executor (or admi- Diftrator) as aforefaid, for the refidue of the da- mages (or debt and damages) aforefaid, according ^0 the form and effefl of the faid recovery, if it fliall feem ■RETURNS to SCIRE FACIAS. 455 feem expedient for him fo to do ; and further to do and receive what our faid court before us (hall then and there confider of the f.iid feveral and rcfpedlive heirs and tertenants in this belialf ; and have there then the names of thofe by whom you (hall fo make known to them, and this writ. Witncfs, ^c. By virtue of this writ to me directed, hy G. H. Return of fdrt and y. K. honed and lawful men of my b.iiliwick, I have given notice to the within-named C. D. to be and appear before the lord the king, at the day and place within-contained, to (hew, Wc. as by the faid writ he is required, and as I am within com- manded. The anfwer of flierifp. The within-named C D. hath not any thing in 2^;kff, my bailiwick, where or by which I can give him notice, as I am within commanded ; nor is the faid C. D. found in the fame. The anfwer, ^c. By virtue of this writ to me dlredled, by G. H. Sdn-fed as to and J. K. honeft and lawful men of my baihwick, "^"anotherl * * I have given notice to the within named CD. to be and appear before the lord the king, at the day and place within-contained, to fliew, ^c. as by the faid writ he is required, and as I am within commanded: But the within-named E. F. huth not any thing in my bailiwick, where or by which I can give him c G 4 notice. 45$ RETURNS io SCIRE 1?ACIA«. notice, as I am within commanded ; nor is the faid E. F. found in the fame. The anfwer, ^c. Return to a fare The within-namcd E. E. has no goods or chattels, JJcli inquiry. 1-1 r ^ • 1 • "Winch were of the withmrnamed C D, deceafed ^t the time of his death, in the hands of the fiid E. E, to be adminiflercd, in my baiUwick, whereof I can caufe to be made the damages (or ^ebt and damages) within-written, or any part thereof; but the faid E. E. after the death of the faid C. D. had divers goods and chattels, which were of the faid C. D, at the time of his death, in his hands to be ddmini- ftercd, to the value pf the damages (or debt and da- mages) within-written; which faid goods'and chat- tels the faid E. F. afterwards, and before the coming of this writ to me, fold, wafted, eloigned and con- . verted to his own ufe, as appears by a certain in- quifition taken before me in this behalf, on the oath of honeR and lawful men of my faid bailiwick, and to this writ annexed : And I further certify, that the faid E. E. hath nothing in my bailiwick, where or by which I can make known to him, as by the faid writ I am conimanded ; nor is he found in the fame : The refidue of the execution of this writ appears in. a certain inquifition, hereunto annexed. The anfwer, ^c. In^uifitlon. ^/^ji inquifition indepted, taken at — — on the day of — : — in the year of the reign of our fovereign lord George the Third, now king of Great Britain^ &c. before • Iheriffof the county afore- f;iid, by virtue of a writ of our faid lord the kin^ diredled K.ETURNS to SCIRE FACIAS. 45^ dire£led to the faid (herifF, and to this inquifition annexed, to inquire of and upon «.ertain matters in the faid writ contained and fpecified, by the oath of G, H. Sec. honed and lawful men of the bailiwick of the faid (heriff, who upon their oath aforefaid fay, that E. F. in the faid writ named, after the death of . the faid C. D, in the faid writ alfo named, had di- vers goods and chattels which were of the faid C. D. Tit the time of his death, in the hands of him the laid E. F. to be adminiftered, to the vclue of the da- mages (or debt and damages) in the faid writ fpeci- fied ; which faid goods and chattels the hid E.F. hath fold, waded, eloigned and converted to his own ufe : In witnefs whereof, as well the faid fhe- rifF, as the jurors aforefaid, have caufed their feals to be affixed to this inquifition, the day and year above-mentioned. I do hereby certify, that there is no heir, nor are Nihil to a/ri« , . , f facias againlt an there any tenants, nor is there any tenant or any ^5;^ a^^ tgj.. lands or tenements in my baiHwick, whereof the ""*'^'^* within-named C. D. on the day of giving the within-mentioned judgment, or ever afterwards, was feifed in fee-fimple, to whom I can make known, as by the faid writ I am commanded. The anfwer, i^c. The execution of this writ appears in the fchedule, Nihil as to tlie hereto annexed. ^f"' '\^^"" feci to the ler- Ihe anfwer, Cfr. tenants of one defendant ; and J, K. in the annexed writ named, hath nothing " ''•;'^ a^ to the '^ ' o heir and ter- jn my bailiwick, where or by which I can make tenants of an- Jtnovy^u to him, as by the faid writ I am commanded j nor I5» flETURNS to SCIRE FACIAS. " Kor is the faid J, K. found in the fame : And I have by and — — good and lawful men of my bai- liwick, given notice to L. HI. tenant of mef- fuages, ^c. with the appurtenances^ in the pnrifti of — ■ ■ in my bailiwick, alfo to A^ 0. tenant of — — . acres of land, i^c. with the appurtenances, in the iaid parifli of in my bailiwick, l^c. v»hich -were the mefluages, lands and tenements of the faid C. D. in the faid writ named in his life time, on the dny of giving the judgment in the faid writ mentioned, of which the faid C. D. then and after was feifed in fee-fimple, to be before the lord the king, at the day and place in the faid writ contained, to fliew in manner therein-mentioned : And I do hereby fur- ther certify, that there are no tenants, nor is there any tenant of any other lands or tenements in my bailiwick, whereof the faid C D, on the day of giving the faid judgment, or ever afterwards, was leifed in fee-fimple, to whom I can make known, as by the faid writ I am alfo commanded : And I do hereby alfo certify, that there is no heir, nor are there any tenants, nor is there any tenant of any lands or tenements in my bailiwick, whereof E. F, in the annexed writ named, on the day of giving the faid judgment, or ever afterwards, was feifed in fee-fimple, to whom I can make known, as by the faid writ I am alfo commanded. The anfwer, t^c* ALIAS SCIRE FACIAS, &C. 459 George the Third, l^c. To the flieriff of , Matfclrefocleu greeting : Whereas, i^c. (as in the firfl; writ, in- ferting thefe words, after the return to the ftierifF, *• as befort we have commanded you," and altering the tejie and return). A. B. again ft C. D. R^'e to appear. P.ule on fcire facias. As yet of term, In the year of the Entry of pro- reign of King George the Third. Witnefs judgment by dc- r 1 J 1 J r^ fin\l in fare fa~ Lloyd Lord Kevyon. ^.^^^ ^p-^^ ^4 (to wit). Our lord the king fent to his (he- J-^'" °^^''''' jrlfFof , his writ clofe in thefe words, that is to fay: George the Third, ^c. (here copy the /-fr^yrt- clas to the end, and proceed as follows) : At which day, before our fald lord the king at Wejlmwjiert comes the faid A. B. in his proper perfon ; and the (herifF, to wit, fheriff of aforefaid, now here returns, that by and honcft and lawful men of his bailiwick, he has given notice to the faid C. D. to appear before our faid lord the king, at the day and place in the faid writ con- tained, to (hew caufe as by the faid writ he is re- quired, and as the faid flierilFis therein commanded; and the laid CD. although on that day folemnly demanded, comes not, but makes default : There- fore it is confidered, that the faid A. B. have his execution againft the faid C. D, of the damages (or debt and damages) aforefaid, according to the force, form and efF>.'cl of the faid recovery, by the default pf the faid C. D. &c. (to 4<50 PROCEEDINGS in SCIRE FACIAS TliciJice, upon — — ~ (to wit). Our lord the king fcnt to lus (he- 6¥»u«d. ' ' ^^^ o^ > ^is writ clofe in thefe words, that is to Uy: George the Third, tfc. (here copy the firfl Jcire facias to the end, and proceed as follows) : At vi'hich day, before our faid lord the king at Wejl- minfur^ came the faid A. B. in his proper perfon ; and the fheriff, to wit, flierilF of afore- faid, thereupon returned to our faid lord the king, that the faid C. D. had not any thing in his baili- wick, where or by which he rould make known to him, as by the faid v/rit he was commanded, nor was he found in the fame ; and the faid C. D. came not: Therefore, as before, it was commanded to the (herifF, that by honeft and lavv'ful men of his bai-p liwick, he (hould make known to the faid C. D. that he fliould be before our faid lord the king at WeJ^minJJet\ on next after , (the return of the alias,) to fliew in form aforefaid, if, If^c. and furthet, isfc. the fame day was given to the faid ji. B. there, l^c. : At which day, before our faid lord the king at Wejlminjlcr^ comes the faid A. B. in his proper perfon ; and the faid llieriiFof — — , as before returns, that the faid C. D. hath not any thing in his bailiwick, where or by which he can make known to him, as by the faid lull mentioned writ he is commanded, nor is he found in the fame; and the faid C D. although on that day folemnly called, comes not, but makes default : Therefore it is confidered, that the faid A. B. have his execution againft the faid C Z). for the damages (or debt and damages) aforefaid, according to the force, form and effea ^n JUDGMENTS. 46< efH-tl of the faid recovery, by the default of the faid C. D. Sic. (to wit). Our lord the king fcnt to his (he- The like, by ^ .„.' ,. ■ , r ■ 1 r 11 • exfcutor or -vffl- nff ot J his writ clofe in thele words, that is to minirtrator, «a fay: C^w^^ the Third, ^r. (here copy thc/drefa- 8'&^9/"^''m. tvW to the end, and proceed as follows): At which en. §6. day, before our faid lord the king at WeJimirJI^ry comes the faid E. F. executor (or adminiftrator) as aforcfaid, in his proper perfon ; and the ftierifF, to wit, fneriff of aforefaid, iiov/ here re- turns, that the faid C. D. hath not any thing in his bailiwick, where or by which he can give him no- tice, as by the faid writ he is commanded, nor is the faid CD. found in the fame; and the faid C. D. comes not : Therefore, as before, the flierifr is commanded, that by good and lawful men of his bailiwick, he make knov/n to the faid C. D. that he be before our faid lord the king at Wejlmhijlsr^ on — — next after , to fhew in form aforefaid, if, i^c. and further, ^V. the fame day is given to the faid E. F. executor (or adminiftrator) as aforefaid, at the fame place : At which day, before our faid lord the king at V/cJlminJiery comes the faid E. P. executor (or adminiftrator) as aforefaid, in his proper perfon ; and the faid fheriff of -, as before re- turns, that the faid C. D. hath not any thing in his bailiwick, where or by which he can give him no- tice, as by the faid laft-mentioned writ he is com- manded, nor is the faid C. D. found in the fame; and the faid C. D. being folemnly demanded, comes not, but makes default : And hereupon the faid 1 1 E. F. 4(^2 PROCEEDINGS in SCIRE. FAcrXai £. K executor (or adminiftrator) as aforefaid, pfay^ that the damages In the faid adion may be afleifed, (or that the damages aforefaid, in form aforefaid affefled, may be adjudged to) and recovered by him; the faid E. F. executor (or adminiftrator) as afore- faid, according to the form of the ftatute in fuch cafe made and provided : Therefore it is confidered, that the damages aforefaid be afTefled, (or adjudged to) and recovered by the faid E. F. executor (or ad- miniftrator) as aforefaid, according to the form of the ftatute aforefaid, by the default of the faid C. D. Sec. : And becaufc it is unknown to the court of our faid lord the king now here, what damages the faid ^. B. in his life-time fuftained, on occafion of the premifes ; therefore the fherifF is com- manded, that by the oath of twelve honjeft and lawV ful men of his bailiwick, he diligently inquire, what damages the faid A. B. in his life-time fuftained, as well by reafon of the premifes, as for his cofts and charges by him laid out about his fuit in this behalf j and the inqulfition which the faid ftieriiFflnall there- upon take, he make appear to our faid lord the king at Wejlminjlery on next after , under his feal, and the feals of thofe by whofe oath he fhali take the faid inquifition, together with the writ of our faid lord the king to him thereupon dire6led ; the fame day is given to the faid E. F. executor (or adminiftrator) as aforefaid, at the fame place: At which day, before our faid lord the king at Wejl- mmjler aforefaid, comes the faid E, F. executor (or adminiftrator) as aforefaid, in his proper perfon; * and the flbei-iff of — aforefaid now here returns^ a certaiiy' en JUDGMENTS. 4^3 a certain Inquifition indented, taken before him at, k^c. on the day of in the year of tlie reign of our faid lord the king, by the oath of twelve honeft and lawful men of his bailiwick j by which it is found, that the faid A. B. in his life- time fuftained damages by reafon of tlie premifes/ befides his cods and charges by him laid out about his fuit in this behalf, to /. and for thofe colls and charges to /. Therefore it is confidered, JucJgmerrt that the faid E. F. executor (or ndminiltrator) as ''^"^'*' ^^ aforefaid, do recover againft the faid C. D. the da- Biages aforefaid, by the faid inquifition in form aforefaid afllfied, and alfo /. for the cofts and charges of this fuit, by the court of our faid lord the king now here adjudged of increafe to the faid E. F, executor (or adminiftrator) as aforefaid, and with his afienc ; vrhich f.;id damages, colls and charges in the whole amount to /. And the faid C D. in mercy, Isfc. Merojr. A. B. againfl CD. Note of appear') ant, Uj facias iflued in this caufe. f appear for the defendant, upon the writ oi fcire To Mr. E. F. Yours, c*fr, G. H. attorney. ■■ ' ■ term, in the year of the reign of Declaration In kin? Gecrge the Third, iTJ,{'^l'f^' ^f°^' (to wir). Our lord the kingfent to his (he- •''"' rift of , his writ clofe in thefe words, that is to fay : George the Third, ifc. (copy the fcire facias ^ ajid- proceed as before> p. 459. to the end of the fher-iffV 464 - PROCEET)INGS in SCIRE FACIAS iherlff's return, and conclude as follows) : and th heir or one de- flrator) as aforefaid, by his attorney ; and the fendanc appears, n. -JT • n 'rr r r r • t t and the tertenants Inentt, to wit, — : — llienft of aforefaid, there- make default, on upon certifies and returns to our faid lord the king, fe^iT^^^ tii"'' that J. K» in the faid writ named, had nothin? in "'^'' "^ retum- ,. . .,• • 1 e 1 ed, as lo the heir his bailiwick, cs*r. (here recite the fherifPs return, and tertenants of quod vide ante^ p. 457, 8.) : And the faid J. K. at the an^t° H H fame 466' PROCEEDINGS ifl SCIRE FACIAS fame day being folemnly demanded, comes by — — . his attorney ; but the faid L. M, &c. although fo- lemnly demanded, come not, but make default : Therefore it is confidered, that the faid G. H. exe- cutor (or adminiftrator) as aforefaid, have his exe- cution againft the faid L. M. &c. of the faid /. refidue of the damages (or debt and damages) afore- faid, to be levied of the meffuages, lands and tene- ments, whereof they are returned tenants as afore- faid, according to the force, form and efFe£t of the faid recovery, by the default of the faid L. M. &c. : But let the faid execution be flayed, until it be de- termined, whether the faid G. H. executor (or ad- miniftrator) as aforefaid, ought to have execution againft the faid J. K. of the faid /. refidue, i^c. And the heir and tenants of all and fingular the lands and tenements whereof the faid E.F. was feifed as aforefaid, although folemnly demanded, come not, but make default : Therefore, as before, the fherifF is commanded, that by honeft and lawful men of his bailiwick, he make known to the heir and te- nants of all and fingular the lands and tenements in his bailiwick, whereof the faid E. F. on the faid day of in the — — year aforefaid, on which day the judgment aforefaid was given, or ever afterwards, was feifed in fee-fimple, that they be before our faid lord the king at Weflmlnjlery on next after , to fhew in form aforefaid, if, tSc. and further, i^c. the fame day is given to the faid G. H. executor (or adminiftrator) as aforefaid, and alfo to the faid J. K. at the fame place: At which day, before our faid lord the king at WeJ}- tninjiery come as well the faid G. H, executor (or admi- en JUDGMENTS. 4^7 adminiftrator) as aforefaid, as the fald J. K. by their refpe£live attornles aforefaid ; and the (herifF of aforefaid*now here certifies and returns to cur faid lord the king, that there is no heir, nor are there any tenants, nor is there any tenant of any lands or tenements in his bailiwick, whereof the faid E. F. in the faid writ named, on the day of giving the judgment in the faid writ mentioned, or ever afterwards, was feifed in fee-fimple, to whom the faid fheriffcan make known, as by the faid laft- mentioned writ he is commanded; and the faid laft-mentioned heir and tenants, although folemnly demanded, come not, but again make default : And thereupon the faid G. H. executor (or adminiftrator) as aforefaid, prays that execution may be adjudged to him againft the faid J. K. of the faid /. refidue of the damages (or debt and damages) afore- faid, to be levied of the lands and tenements, whereof the faid y» K. on the faid day of ' in the — — year aforefaid, on which day the judgment aforefaid was given, or ever afterwards, was feifed In fee-fimple, and which have defcended and come to the faid J. K. as the heir of the faid C. D. according to the force, form and effed of the faid recovery, i^c. The ifilae \\\ fare facias on judgments, is fimilar to that againft bail, for which vide ante, p. 408, 9. and for writs of execution, after fclre facias by or agamft executors or adminiftrators, vide ante, HH Z A6S WRITS of ERROH. Trft fat writ < to wIt. Writ of crror, coram tichisf for ^5^;" C. D. Tit the fuit of A. B. (or if by plaintiff, for A, B, againfl: C. D.) on a judgment in cafe (or as the judg- ment is), returnable on, i^c, G. H. attorney. . 179-. Writ of error twam nihit. George the Third, iSc, To our juftices affigned to hold pleas in our court before us, greeting : Be- caufe in the record and proceedings, and alfo in the giving of judgment, in a plaint which was in our court before us, by bill, between A. B. and C. D, of a plea of trefpafs on the cafe, (or of a certain debt, which the faid A. B. demanded of the faid C D.) as it is faid, which faid record and proceedings now remain before us as it is faid, manifeft error hath intervened, to the great damage of the faid C. D» (or if the writ of error be brought by hron znd/eme, on a judgment againft the feme, ** to the great da- mage of E. D. and the faid C. his wife,") as by his (or their) complaint we are informed : We being ^villing that the error, if any there be, (hould in due manner be correfted, and fuH and fpeedy juflice done to the parties aforefaid in this behalf, do com- mand you, that if judgment be thereupon given, then the record and proceedings aforefaid being infpe^led, you caufe to be further done thereupon, for corre£ling that error, what of right, and accord- ing to the law and cuftom of Evgland^ ought to be done. Witnefs ourfelf at Wejlmwjler^ the •— • day of in the year of our reign. Gfor^e WRITS of ERROR. 4<^9 Ceorge che Third, ^r. To our juftlces afTigned The like, after ^ ' •" _ ° an abatement of to hold pleas in our court before us, greeting : Be- a former writ. caufe in the record and proceedings, and alfo in the giving of judgment, in a plaint which was in our court before "John Lord Eldoji and his companions cujr juftlces of the bench, by our writ, between A. B. and C. D. late of, ^c. of a plea of trefpafs on the cafe (or as the plea is), as it is faid, which faid record and proceedings, by reafon of error happen- ing therein, we have caufed to be brought and the fame now remain before us, as it is faid, manifeft. error hath intervened, to the great damage of E. F» adminiftrator of all and Angular the goods chattels and credits, which were of the faid A. B, who is dead inteftate, as it is faid, as by the complaint of the faid E, F. we are informed ; We being willing that the error, if any there be, fliould be in due manner corrected, and full and fpeedy juftice done to the parties aforefaid in this behalf, ^o command you, ^c. (as before). It is ordered, that the writ of error iffiied be- Ruieofaifow- , . . !• r I .1 I 1 ancc, On a writ of tween the parties m this caute, be allowed ; and error coram noiu. up5)n the plaintiff in error putting in and juftifying his bail within four days next enfuing, that further proceedings be ftayed on the judgment in the ori- ginal adlion, until the faid writ of error now depend- ing between the parties, be determined. By the court. — — to wit. Writ of error for C. D. at the fuit Pradpt for writ •f A, B, (or for A. B. againft C. D.) on a judgment co'Zi^pTeis' H H 3 in *° the King'i ^ Bench. 470 VrKlTS 2/* ERROR. in cafe (or as the judgment is) in the common pleas, returnable, b°f. G. H. attorney. 179-. Writ of error George the Third, l^c. To cur right trufty and mon Pieaj to the well-beloved John "Loxd E/dofj, our chief-juftice of King's Bench. ^■^^ bench, greeting : Becaufe in the record and pro- ceedings, and alfo in the giving of judgment, in a plaint which was in our court before you and your companions our juftices of the bench, by our writ, between -^. B. and C. D. late of, ^c, of a plea of trefpafs on the cafe (or as the plea is), manifefl error hath intervened, to the great damage of the faid C. D. as by his complaint we are informed : We being willing that the error, if any there be, (hould in due manner be corre£led, and full and fpeedy juftice done to the parties aforefaid in this behalf, do command you, that if judgment be thereupon given, then you fend to us diftindly and openly, under your feal, the record and proceedings of the plaint aforefaid, with all things concerning the fame, and this writ, fo that we may have them on — — wherefoever we fhall then be in England^ that the record and proceedings aforefaid being infpedled, we may caufe to be further done thereupon, for cor- recting that error, what of right, and according to the law and cuftom of England^ ought to be done, Witnefs ourfelf, ^c. The like, in debt G^or^^ the Third, ^r. To our right trufty and ^'" *""' well-beloved Johi Lord Eldotiy our chief-juftice of the bench, greeting ; Becaufe in the record and pro- 6 ceedings, WRITS of ERROR. ceedings, and alfo in the giving of judgment. In a plaint which was in our court before you and your companions our juftices of the bench, by our writ, between A. B. who profecutes as well for us as for himfelf, and C. D. late of, i^c. of a plea that the faid C. D. fliould render to us and the faid A. B. ' - /. as it is faid manifeft error hath intervened, £5fr. (as in the lad). ^7- George the Third, \^c. To the judges of our The like, from . an inferior court court of our palace at Wejtminjter^ and to each of to the King's them, greeting : Becaufe in the record and proceed- *"' * ings, and alfo in the giving of judgment, in a plaint which was before you, in the court of our palace aforefaid, without our writ, between A. B. and C. D. of a plea of trefpafs on the cafe (or as the plea is), as it is faid, manifeft error hath intervened, ^c, (as in the laft, to the end). to wit. Writ of error for C. D. at the fulc ^:'^"P' [''^ «'^'^ or error, from the of A.B. (or iox A.B. againft CD.) on a judg- King's Bench to ment in cafe (or as the judgment is), in the King's chambe^r.*'^"*'^" Bench by bill, returnable, i^c. G. H. attorney. 179-. George the Third, i^v. To our right trufty and Writ of error ^ well-beloved Lloyd Lord Kenyan^ our chief-juftice Bench to the alTigned to hold pleas in our court before us, greet- ^^3^" ing : Whereas by a (latute made in the parliament of the Lady Elizabethy late queen of England, held at Wejlminjier, the 23d day of November in the twenty-feventh year of her reign, ifc was, among H H 4 other 472 WRITS of ERROR. Other things, enafted, by the authority of the fame parliament, that where any judgment fhould at any time thereafter be given in the court of King's Bench, in any fuit or aflion of debt, detinue, covenant, ac- count, aftion upon the cafe, ejeElione finna: or tref- pafs, firft commenced or to be firft commenced there, other than fuch only where we fliould beparty, the party plaintiff or defendant, againfl whom any fuch judgment fliould be given, mighty at his eleftion fue forth out of the court of Chancery, a fpecial writ of error, to be devifed in the faid court of Chancery, directed to the chief-juftice of the faid court of the King's Bench for the time being, commanding him to caufe the faid record and all things concerning the faid judgment, to be brought before the juflices of the Common Bench and the barons of the Exche- quer into the Exchequer cliamber, there to be exa- mined by the faid juftices of the Common Bench and barons aforefaid ; which faid juftices of the Common Bench, and fuch barons of the Exchequer as are of the coif, or fix of them at the leaft, by virtue of the fame aft, fhould thereupon have full power and authority to examine all fuch errors, as ihould be alTigned or found in or upon any fuch judgment, and thereupon to reverfe or affirm the faid judgment, as the law fliould require, other than for errors to be afligned or found for or concerning the jurifdidion of the faid court of King's Bench, or for any want of form in any writ, return, plaint, bill, declaration or other pleading, procefs, verdi£l: or proceeding whatfoever ; and that after the faid judgment fliould be affirmed or reverfed, the faid record, and all things concerning the fame, fliould ^4 be WRITS of ERROR. - • 473 be removed and brought back into the faid court of the King's Bench, that fuch further proceedings might be thereupon, as well for execution as other- wife, as fhould appertain ; as in the faid ftatutc is more fully contained : And becaufe in the record and proceedings, and alfo in the giving of judgment, in a plaint which was in our court before us, by bill, between A. B. and C. D. of a plea of trefpafs on the cafe (or as the plea is), as it is faid, manifefl: error hath intervened, to the great damage of tlie faid CD. as by his complaint we are informed j which faid error in nowife concerns us, or the jurlf- di61:ion of our faid court of King's Bench, or any want of form in any writ, return, plaint, bill, de- claration or other pleading, procefs, verdi(Sl or pro- ceeding whatfoever, as we are alfo informed : Wc therefore being willing that the error, if any there be, Ihould, according to the form of the ftatute aforefaid, be duly corrcfted, and full and fpeedy jullice done to the parties aforefaid in this .behalf, do command you, that if judgment be thereupon given, then you caufe the record and proceedings aforefaid, with all things concerning the fame, to be brought before the faid juftices of th^ Common Bench and the barons of our faid Exchequer, into our Exchequer-chamber aforefaid, on the day of next enfuing, that the faid juf- ticcs and barons, the record and proceedings afore- faid being feen and examined, may further caufe to be done thereupon, what of right, aiiji according to the form of the ftatute aforefaid, ought to be done. Witnefs ourfelf, Isfc, George 474 WRITS o/* ERROR. Writ of error Ceoi'ge the Third, t^c. To our right trufty and bTchVo d? ' well-beloved Lloyd Lord Kenyon, our chlef-juftke Houfe of Loid.s, rffio-ned to hold pleas in our court biefore us, 2-rect- ing : Becaufe in the record and proceedings, and alfo in the giving of judgment, in a plaint which was in our court before us, by our writ, between ji. B. and C. D. late of, i^c. of a plea of trefpafs on the cafe (or as the plea is), as it is fald, manifcft error hath intervened, to the great damage of the faid CD. as by his complaint we are informed: We being willing that the error, if any there be, (hould in due manner be corredled, and full and fpeedy juftice done to the parties aforefaid in this behalf, do command you, that if judgment be thereupon given, then without delay you diftincStly and openly fend under your feal, the record and proceedings aforefaid, with all things touching the fame, to us in our prefent parliament, and this vv'rlt, that the record and proceedings aforefaid being infpedled, we may further caufe to be done thereupon, with the afient of the lords fpirltualand temporal in the fame parliament, for correding that error, what of right, and according to the law and cuftom of England y ought to be done. Witnefs ourfelf, iSc. The like, after G^cr^f the Third, Isfc. To our right truily and KiDg's'"BcnTh. '^ well- beloved Lloyd luox A Kenyan, our chief-juftice affigned to hold pleas in our court before us, greet- ing: Becaufe in the record and proceedings, and alfo in the giving of judgment, in a plaint which was before John Lord Eldon and his companions our iafllces of the bench, by our writ, between WRITS of ERROR. 475 A, S, and C. D, late of, ^c. of a plea of trefpafs on the cafe (or as the plea is), and alfo in the af- firmance of the (lime judgmeui in our court before us, as it is faid, manife ft error hath inteivened, to the great damage, ^<:. We being willing, ^c. do command you, that if judgment be thereupon given and afHrmed, then you diftin^lly and openly fend under your feal, the record and proceedings aforefaid, with all things touching the fame, to us in our par- liament, at the next feffion thereof to be holden on the day of next enfuing, and this writ, that the record and proceedings aforefaid being in- fpefted, we may further caufe to be done there- upon, &c, (as in the laft). George the Third, ^c. To our right trufty and Tl^e like, after well-beloved Lloyd Lord Kenyon^ our chlef-juflice ExchTqusr- afllgned to hold pleas in our court before us, greet- ing: Whereas in the record and proceedings, and alfo in the giving of judgment, in a plaint which was in our court before us, by bill, between A. B. and C. D. of a plea of trefpaf^ on the cafe (or as the plea is), which faid record and proceedings, by rea- fon of error happening therein, we caufed to be brought before the jullices of the Common Bench and the barons of our Exchequer into our Exche- quer-chamber, and the judgment] thereupon is af- firmed, as it is faid, manifeft error hath intervened, to the great damage, £s"V. We being willing, isfc. do command you, that if judgment be thereupon given and affirmed, i^c, (as before). Between chamber. 476 Allowance of writ of error. Notice of bail ia error. Rule-for better ball* BAIL W ERROR. ^. B. ^ Between and ^ Cafe, (or. Debt, ^c.) C.D.J I have allowed a writ of error in this caufe, th« — day of 179 "• clerk of the errors- In Error. C. D. againft A. B. Take notice, that fpecial bail was this day put in, upon the writ of error brought in this caufe, with the clerk of the errors, before the honorable Mr. Juftice — — , at his chambers in Serjeants* Inn, Chaticery-Laney London; and their names are E. F. of, Is^c. and G. H. of, ts^c. Dated, ^c. Your8, ^c» J, K, attorney for plaintiff in error. To Mr. L. M, attorney for defendant in error. C. D. ■) Unlefs the plaintiff in the writ of error puts and > in better bail, within four days next after A, B. J notice hereof given to the faid plaintiff or his attorney, execution will iflue. clerk of the errors. In BAIL in CRROR. 477 fication. In Error, C. D. plaintiff, Between and A.B. defendant. Take notice, that E. F. and G. H. the ball put in Notice of jufti* upon the writ of error brought in this caufe, of whofe additions and places of abode you have al- ready had notice, will on juftify thcmfelves in this honorable court, as fufficient bail for the faid plaintiff. Dated the — — day of • 79 - • Yours, ^c. J. K, plaintiff's attorney. To L. M. defendant's attorney. You feverally acknowledge to owe A. B. the fum Recognizance of ef ■ /. (double the fum recovered) upon con- dition that C, D. profecutes his writ of error with cffe£t ; and if judgment be affirmed, {hall fatisfy and pay the damages and cods (or debt, damages and cofts) recovered, together with fuch cofls and damages as (hall be awarded by occafion of the de- lay of execution ; or elfe you will do it for him. bail, on error coram nobis. Pleas before our lord the king at Wejlminjlery Entry of recog- _ . . nizance of ball, et ' term (the term bail was put in), in the on error from •'■ year of the reign of our fovereign lord George [o^the'"Exche-*^ the Third, by the grace of God of Great Britain^ qucr-chamber. France and Ireland king, defender of the faith, $3^r. and in the year of our Lord 179 -. Roll — . England) to wit. Be it remetnheredy that on • next after — in this fame term^ before our lord thv: BAIL m ERROR. the king at Wejlminjler^ one of the juftlces of our faid lord the king afligned to hold pleas in the court of our faid lord the king before the king him- felfr hath here recorded, that on the day of «■ in the year of our Lord 179-, before the fame juftice, at his chambers fituate in Serjeants' -Inny Chancery-Lane y London^ came E. F. of, i^c. and G>. H. of, ksfc. \i\ their own proper perfons, and ac- cording to the form of the ftatute in fuch cafe made and provided, acknowledged themfelves, and each of them feparately did acknowledge himfelf to owe to A. B. the fum of /. of lawful money of Great Britain^ to be paid to the faid A. B, his exe- cutors or affigns 5 and unlefs they fhould fo do, the faid E. F. and G. H. did grant and agree, that the faid /. of their and each of their lands and chattels ftiould be made, and levied to the ufe of the hidA.B. The condition of the above recognizance is fuch, that whereas the aforefaid A. B. lately in the court of our faid lord the king before the king himfelf at Wejiminjiery by bill without the writ of our faid lord the king, and by the judgment of the fame court, recovered againft C. D. /. for his da- mages which he had fuflained, as well on occafion of the not performing certain promifes and under- takings then lately made by the faid C. D. to the faid A. B. as for his cofts and charges by him about his fuit in that behalf expended ; whereof the faid C. D. hath been convided, as appears of record in the faid court of the faid lord the king before the king himfelf at Wejlmin/Ier; and whereas the faid C. D> hath brought a writ of error upon the judg- ment PETITION for ORIGINAL. 47S> ment aforefuid, returnable before the juftlces of our faid lord the king of the Common Bench, and barons of his Exchequer of the degree of the coif, in the Exchequer-chamber, on the day of - ■ in the faid year of the reign of our faid lord the king ; if therefore the faid C. D. fliall profccute the faid writ of error With efFe6t, and alfo fliall fa- tisfy and pay to the faid A. B. if the faid judgment fhall be affirmed, or the faid writ of error be dif- continued in his default, or he (hall be nonfuit therein, as well the damages cofts and charges afore- faid, adjudged upon the faid judgment, as alfo all fuch cofts charges and damages as fliall be awarded to the faid A. B. for delay of execution of the faid judgment, by the profecution of the faid writ of error ; then this recognizance to be void, or other- wife to be and remain in full force and virtue. In Chancery. Petition to the A. B. plaintiff f'l^^';^ "?* t Rolls, for ori- Between and ginai-writ. C. D. defendant. To the right honorable the Mafter of the Rolls. The humble petition of A. B, plaintiff; Sheweth, That your petitioner in term (or vacation) lafl, commenced an adlion at law againft the above- named C. D. late of, bfc. in his majcfty's court of Common Pleas at Wejlminjler, in a plea of trefpafs on th^ cafe, to his damage of — — /, (or as the plea is). ^$0 PETi"^. lOTCyi'r ORIGINAL, iffc. lb), wherein your petitioner hath laid his venue \u the county of ; and judgment hath been ob- tained in fuch adlion, in terra laft paft, for . /. damages and —— /. cods (or according to the fa6l); whereupon the faid defendant hath brought his writ of error, returnable in his majefiy's court of King's Bench, on wherefoever, ^c, but no further proceedings have been had thereon. That your petitioner hath not as yet fued out any original writ to warrant the faid judgment ; and he. is advifed, that it is neceflary the fame fiiould be fued out to warrant the faid judgment : But the time for applying for the fame In the ordinary courfe being expired, the curfitor of the faid county can- not make out the fame, without your honor's order for that purpofe. Your petitioner therefore humbly prays your ho- nor, to grant unto him an order, that the curfitor for ifie faid county of — — may iffue an original writ in this caufe, out of his majefty's high court of Chan- cery, returnable in his faid majefty's court of Com* mon Pleas, on in — — - term laft. And your petitioner Ihall ever pray, btc. A,B. 179-. Fua lierten. Be it fo ; and let the petitioner pay the defendant his cofts in error, in cafe he (hall not, after having had notice of this order, further profecute his faid writ of error ; and hereof give notice forthwith. i?. P, Arden, -.— the TROCFEDINGS zV; ERROR, &C. 48 f - the tuiy of In the — — year Order thereon. of the reign of his majr fly king George the Third, 1 79 - . Between A, B, plaintiff and C. D. defendant. Upon confideration this day had by the right honorable the maOier of the Rolls, of the humble petition of the plaintiff", fetting forth that the pe- titioner having in term (or vacation) lad paft, commenced an atSlion, ^c. (reciting the petition). It is thereupon ordered, that the curfitor of the faid county of do iffiie an original writ in this caufe out of this court, returnable in his majefty's court of Common Pleas, on in term lafl pad : And it is further ordered, that the petitioner pay the defendant his cofts in error, In cafe the de- fendant (hall not, after having had notice of this order, further profecute his faid writ of error i and hereof notice Is to be given forthwith. In the Common Pleas. ^^. 5. ') Unlefs the philntiff" in the writ of error Ru'e to certify f, .... r -r 1 1 the record, on V. > brought ni this came, certihes the record error from the C.D.J Into the court of King's Bench, within CommonPiea% eight days next after notice hereof to be given to him or his attorney, a ncnfuit will be entered. clerk of the errors. In the King's Bench. ' .^. J5. ■) Unlefs the plaintiff In the writ of error The like, on V. > certifies the record, v/ithin eight days next ^'ing^'^'^Bcnch! C. D. J after notice hereof given to the faid plain- tiff or his attorney, a nonfuit will be entered. clerk of the errors. I'l , The 482 PROCEEDINGS in ERROR chicf-juftice's The anfv/er of Jo/jfi Lord E/dotij the chlef-juftice return, on error . , . , from the Com- withiii-named. Hion Pkds, The record and proceedings of the plahit, whereof mention is within made, follow in thefe words, to wit : Pleas at WeJlminJIery "hefore John Lord Eldon and his companions, juftices of our lord the king of the bench, of the term of in the year of the reign of our fovereigu lord George the Third, by the grace of God of Great Britain^ France and Ireland king, defender of the faith, and fo forth. Roll — . to wit. C. D. late of , was attached (or fummoned) to anfwer A. B. &c. (here copy the ' proceedings, as on the judgment-roll). Tiie tike., on The anfwer of Lloyd Lord Kenyony the chief-juf- crrar from the . ... , King's Bench to ticc within-named. chaoiberi " The rccord and proceedings of the plaint, whercof mention is within made, with all things concerning the fame, I certify to the juftices and barons within- fpecified, at the day and place within-containdd, ia a certain fchedule to this writ annexed, as within I am commanded. i^ Kenyan. Pleas before our lord the king at Wejlmtnjlerj of the term of , in the year of the reign of our fovereign lord George the Third, by the grace of God of Great Britain, France and Ireland king, de- fender of the faith, and fo forth. Roll — . . to wit. A. B. puts in his place E.F. his attorney, againft C. D. in a plea of trefpafs on the Cafe (or as the plea is). . ^to the bail. before ASSIGNMENT^ 4^3 «— — to wit. C D. puts in his place G. H. his cittorney, (or C. D. m perfon,) at the fuit of the faid A. B, in the plea aforefaid. to wit. Be it remembered, i^c. (here copy the proceedings^ as on the judgment-roll). Afterwards, to wit, on next after in Entry oi caffitHf bre-ve, on a writ this fame term, before Our lord the king at WeJImin" of error brought Jlerj comes the faid E. t. in his proper perfon; y„j,v;; again (t the and the faid A. B. in his proper perfon'alfo comes, P"""''^!' ?"""* and freely here in court fays, that the faid writ of, fxer.v/wn/i againft error, by the fiud E. F. in form aforefaid profe- cuted, did wrongfully and improvidently ifTue, for this, to wit, that by the writ aforefaid it appears, that the fame writ of error was profecuted by the faid E. F. as bail for the faid C* D. in the plaint aforefaid, as well upon the giving of judgment in the plaint aforefaid between the faid A. B. and the faid C. D. as upon the adjudication of execution oa the wsit of fcire facias^ ifluing out of the king's court of record of againft the faid E. F. as bail for the faid C. D. in the fame plaint ; whereas by the law of the land of England^ no fuch writ of error, in the name and at the fuit of the faid E. F, ought to have iflued ; and for that reafon, the faid J. B. prays that the writ of error, by the faid E. F, in form aforefaid profecuted, may be quafhed, avoided and held for nothing : Where jpon all and fingular the premifes being feen, and by the court of our faid lord the king now here fully underftood, and mature deliberation being thereupon had, it is confidered, that the faid writ of error, by the faid II 3 E.F, 484 Rule to appear to jc'ire facias, in the King's Bench. Rule to alledge tiiminution, in the Exchequer- chamber. PROCEEDINGS in ERROR, &C. E. F. In form aforefaid profecuted, be quafhec?, avoided and altogether held for nothhig. For writs oifcire facias qiiare executioneninofiy pend* ing error, vide antCy p. 425, 6. In the King's Bench. C. Z). plaintiff, -J and > In error. A, B. defendant, 3 Rule for judgment oh ftire facias quare execu- ii&tiem non. " attorney, 179.. In the Exchequer-chamber. C. D. ") Unlefs the plaintiff In the writ of error al- ledges diminution, within eight days next after notice hereof given to the faici plain- tiff or his attorney, a nonfuit will be entered. clerk of the errors. Ruieioaffign ■. , C. D. :ind J. B. ♦■rrors, in the King's Bench. -■ to alEgn crrors on record. Entered. In the Exchequer-chamber. Theilke,inthe Q f), "^ Unlefs the plaintiff in the writ of error af- Exchequer- ' ' t r vi.- • i j chamber. V. > figns error OP errors, withni eight days y^. B. J jiext after notice hereof given to the faid plaintiff or his attorney, a nonfuit will be enrer<;d. clerk of the errors. Upon ASSIGNMENTS, &C. 485 I . I7Q'. OrJer to alTign , . . 'err( rs, in the Upon reading^ the petition of ^. i?. Iliewing that Houfe of Lords, he obtained a judgment againft C. D. in term lafl:, and that the faid C. D. for delay hatli brought his writ of error into this houfe the of . laft, but hath not affigaed eij^ors thereon 5 and pray- ing that the faid writ of error may be remitted, to the end he may have execution thereupon : It is or- dered by the lords fpiritual and temporal in parliament aflembled, that the faid C. D. be and he is hereby required to affign error thereupon, on or before next, at of the clock in the forenoon j or other- wife the faid tranfcript of the faid judgment, made on the behalf of the faid J. B. fliall be and is hereby remitted, to the end he may have execution there- upon, as if no fuch writ of error had been brought into this houfe. —— ~ Cler. Pari. — term, in the year of the reign of king George the Third. Afterwards, to wit, on next after Affignment of . ^ intancy in the , in this fame term, before our lord defendant. the king at Wejiimnjler^ comes the faid C. D. by G. H. his attorney, and fays that in the record and proceedings aforefaid, and alfo in giving the judgment aforefaid, there is mani- feft error in this, to wit, that he the faid C. D. ap- peared in the fuit aforefaid, by his attorney ; neverthelefs the faid C. D. at the time of his faid appearance, and alfo at the time of giving the judg- ment aforefaid, .was under the age of twenty-one 1 1 3 years. 4^6 ASSIGNMENTS, Sec. years, to wit, of the age of — years, and no more, to wit, at, t5fc. in which cafe the faid C. D. ought to have been admitted to appear in the court aforefaid, to defend the fuit aforefaid, by his guardian, and not by his attorney ; therefore in that there is manifefl error: And this he the faid CD. is ready to verify, wherefore he prays that the judgment aforefaid, for the error aforefaid, may be revoked, annulled and altogether held for nothing, and that he may be reilored to all things which he hath loft by occafion of the judgment aforefaid, i^c. -fall at?e, ^x. j-». | ■% Replication of ^^ j^^ "J /Wid hereupon the faid J. B. by E- F, his attorney, freely here in court comes and fays, that by reafon of any thing above for error afligned, the judgment aforefaid ought not to be revoked, annulled or held for nothing j becaufe he fays that the faid C. D. at the time of his faid appearance, to wit, in the term of, i^c. and alfo at the time of giving the judgment aforefaid, was of the full age of twenty-one years, to wit, at, ^c. aforefaid ; and of this he the faid j^. B. puts himfelf upon the country, (5V. Amgnment of /-. n 1 -Afterwards, to wit, on next after c^veiturein the G. X/. i . , . - deter.djnt, at the ^nd wife ^" ^"^^ fame term, before our lord •liTaaion'"^^"^ ^- (^ the king at WeJlDiinJier^ come CD. ■^' -"• and E. his wife, which faid E. was and in error. . . , , , • i • r ■ i -l c J IS impleaded m tins luit by the name or E. F. in their proper perfons, and fay that in the re- cord and proceedings aforefaid, and alfo in giving the judgment aforefaid, there is manifefl error in thig; to wit, that before the day of exhibiting the bill on ERROR in FACT. 487 bill (or fuing out the original writ) of the faid A. B. againfl the faid E. by the name of E. F. and before the giving of the judgment aforefaid, to wit, on, if^c. at, {sfc. aforefaid, the faid E. intermarried with and took to hufband the faid C. D. and that llie the faid E. at the time of exiiibiting the bill (or fuing out the original writ) aforefaid, and alfo at the time of giving , the judgment aforefaid, was and yet is covert of the faid C. D. then and yet her hufbatid, to wit, at, i^i.\ aforefaid 5 therefore in that there is manifeft error : And this they the faid C. D. and E. his wife are ready to verify, wherefore they pray that the judgment aforefaid, for the error aforefaid, may be revoked, annulled and altogether held for nothing, and that they may be reftored to all things which they have lolt by occafion of the ju.lgment aforefaid, i^c. J -n ~\ And hereupon the faid A. B. by E. F. Rcpiicatioa jj^g^ I his attorney, freely here in court comes ''^"'^'^^°* C. D. y and fays, that by reafon of any thing and wife above for error ailigned, the judgment 'J aforefaid ought not to be revoked, an- nulled or held for nothing ; becaufe he fays that the faid E. at the time of exhibiting tlie bill (or fuing out the original writ) aforefaid, was not nor is covert of the faid C. D. in manner and form as the faid C. D. and E. have above alledged ; and of this he the fajd A. B. puts himfelf upon the country, Afterwards, to wit, on - next after AfTignrnpnt of , . - , ,- , , the death of the m this fame term, before our lord piainiiff before the king at Wejlmwjler, comes the faid '^::'}j:^^ C. D. by G. H. his attorney, and fays, his executois, 114 that -i'oB ASSIGNMENTS, &C. thnt in the record and proceedings aforefaid, and alfo in giving the judgment aforefaid, there is mani- feft error in this, to wit, that by the record aforefaid it appears, that the judgment aforefaid in form aforefaid given, was given for the faid J. B. againfl: the faid C D- in the plea aforefaid ; when in truth and in faft, the faid A. B. in the plea aforefaid named, before the trial of the ifTue joined in the record aforefaid, between the parties aforefaid, arid before the giving of the judgment aforefaid, to wit, on, ^6-. at, ^c, died ; therefore in that there is inanifeft error : And this he the faid C, D. is ready to verify, Ayherefore he prays that the judgment aforefaid, for -the error aforefaid, may be revoked, annulled and altogether htid for nothing, and that he may be reflored to all things which he hath loft by occafion of the faid judgment, l^c. And the faid C. D. alfo prays the writ of our lord the king, to give notice to and executors of the laft will and teftament of the faid A. B. that they be before owr faid lord the king at Wejhnhijler^ on , to hear the record and proceedings aforefaid, and the matter above affigned for error j and it is granted to him, ^c. The like, of the Q J) T Afterwards, to wit, on next after S:t£nrtf V. ' ( in this (^me term, before our lord ^ptheadiLn. A. B. j x\-\^Y\x\-g zt WePmhifler, comes the faid m error. \ ^ ^^ , ,-, rr t- . r J C. U. by G. H. his attorney, and lays that in the record and proceedings afoi^efaid, and alfo in giving'^he judgment aforefaid, there is mani- feft error in this, to wit, that by the record aforefaid it appears, that the judgment aforefaid in form sfprcfaid given, was given for the faid A. B. as well againft on ERROR in FACT.' 4^9 againfl: the faid E. F. ns ngalnfl; the f.ikl C. D. when in truth and in h€t the fuid E. F. in the plea afore- faid named, before the trial of the iflue joined in the record aforefaid, between the parties aforefaid, and before the giving of tiie judgment aforefaid, to wit, on, ^c. at, c^r. died ; therefore in that there is ma- nifefl error : And this he the hxA C. D. is ready to verify, wherefore he prays that the judgment afore- faid, for the error aforefaid, may be revoked, an- nulled and altogether held for nothing, and that he may be redored to all things which he hath loft by occafion of the judgment aforefaid, &c. >f D T And the faid J. B. by E. F. his attorney, RepHcatloa 'I J /• u U re thereto. ats. I comes and fays, that by reaion ot any C. D. ( thing above for error afligned, the judg- J ment aforefaid ought not to be revoked, annulled or held fornothing •, becaufe he fays that the faid E. F. in the plea aforefaid named, is yet living and in full life, to wit, at, i^c. without this that he the faid E. F. before the trial of the iflue aforefaid, joined in the faid record between the parties aforefaid, died, in manner and form as the faid C. D. hath above alledged : And this he the faid A. B. is ready to verify, wherefore he prays that the judgment aforefaid may be in all things affirmed. And the faid C. D. as before fays, that Rejoinder. the faid E. F. before the trial of the iflue aforefaid, joined in the faid record be- tween the parties aforefiiid, died, in planner and form as he the faid C. D. hath above alledged ; 490 ASSIGNMENTS c/" ERROR, &C. alledged ; and this be tlie faid C. D, prays may be inquired of by the country, isfc. taxemiaaamamma^ Affi^nnient of gentral eirors, in the King's Bcfich. . ASJganient ' f the wjujt of an term, in the year of the reign of king George the Third. Q^ D^ *] Afterwards, to wit, on in this fame V. I term, before our lord the king at JFe/^- A. B, f nnnjlery comes the fuid C D. by G. H. in error. \ , . , r , • , J his attorney, and lays that m the re- cord and proceedings aforefaid, and alfo iri giving the judgment aforefaid, there is manifefl error in this, to wit, that the declaration aforefaid, and the matters therein contained, are not fuflicient in law for the faid A. B. to have or maintain his aforefaid a6lion thereof again ft the faid C. D. there is alfo error in this, to wit, that by the record aforefaid it appears, that the 'judgment aforefaid in form aforefaid given, was given for the faid A. B, againft the faid C. D. whereas by the law of the land, the faid judgment ought to have been given for the faid C.D.^ againft the faid A. B. And the faid CD. prays that the judgment aforefaid, for the errors aforefaid, and other errors in the record and pro- ceedings aforefaid, may be reverfed, annulled and altogether held for nothing, and that he may be reftored to all things which he hath loft by occafioii of the faid judgment, ^V. C. D. "] Afterwards, to wit, on in this fame V. I term, before our lord the king at WeJ^- ^' B. \ vihijler, comes the faid C. D. by G. H. m error. \ , . ,,-•!• i J IHS attorney, and lays that in the re- cord /;; the KiNG*s BENCH. 49* cord and proceedings aforefaid, and alfo In giving the judgment aforefaid, there Is manlfefl. error in this, to wit, that the declaration aforefaid, and the matters therein contained, are not fufficlent in hiw for the faid A. B. to have or maintain his aforefaid adlion thereof againft the faid C. D. there is alfo error in this, to wit, that by the record aforefaid it appears, that the faid C. D. was atfa;!ied to anfwer to the faid J. B. in the plea aforefaid, yet no original writ between the parties aforefaid, in the pica afore- faid, is filed or remaining of record in the faid court of our faid lord the king of the bench at Wejlminjler aforefaid ; therefore in that there is nianifefl error ; there is alfo error in this, to wit, that by the record aforefaid it appears, that the judgment aforefaid in form aforefaid given, was given for the faid A. B. . againft the faid C. D. whereas by the law of the land the faid judgment ought to have been given for the faid C, D. againft the faid A. B. And the faid C. D. prays a writ of our faid lord the king, to be diredled to the cujlos brevlum of the faid court of the bench at Wejlmiti/lery to certify to our faid lord the king the truth of the fame ; and it is granted to him, ^r. And the faid A.B. prays that the judgment aforefaid, for the errors aforefaid, and other errors in the re- cord and proceedings aforefaid, may be reverfed, annulled and altogether held for nothing, and that he may be reftored to all things which he hath left by occafion of the faid judgment, ^c. — — to wit. Certiorari to certify an original writ, Fraapc for cer- between A. B. plaintiff and C. D. late of, l^c. de- ^'anZ'.QlnT^nr.. fend ant, returnable without delay, G. H, attorney. 179-. 49^ ttriknur.. ASSIGNMENTS 2/" ERROR, &C. George the Third, Is'c. To our right trufty and well-beloved , holding the ''office of keeper of the writs, rolls and records of our court of the bench, greeting : We being willing for certain caufes to be certified, whether any original writ between A. B. and C. D. late of, ^c. in a plea of trcfpafs on the cafe (or as the j^lea is), be filed in your cultody, of > term^ in the year of our reign, or not-, do command you, that having fearched our original writs direcled to the flieriff" of • , and which are filed of record in your cuftody, of the aforefaid term in the - year of our reign, what you fhall find therein of an original writ be- tween tke parties aforefaid, of the plea aforefaid, you certify to us without delay, wherefoever we fhall be ^n England y together with the return pnd jndorfement thereof, as fully and entirely as the fame femain In your cudody, and this writ. Wit- liefs L/oj'i/Lord Kenton ^ &c, B. and D. — — to return the writ of certiorari. Entered. rhatdncK '.< aa original \'';^:- The anfwer of holding the cIFice of keeper of the writs, rolls and records within-named. Bv virtue of this writ to us dire£led, we do hereby certify to our lord the king, tliat having fearched the original writs dire£led to the fherifF of — , which are filed of record in our cuftody, of term in the year of the reign of our faid lord the king, we find that there is an original writ hetween the parties v/ithin-named, in a plea of tref- pafs on the cafe (or as the pica is), diredled to tli^ fheriff torney. //; ihe king's Dencii. 493 ilieilfFof , filed of record in our cuftody, of the term aforefaid ; tlie tenor of wlilch faid original writ, together with the return -and indorfement thereof, as ful^y and entirely as the fame remain in our cuftody, we do hereby certify to our faid lord the king, as appears by tlie fchedulc hereunto an- nexed, and as we arc within-commanded. (Here follows a copy of the original writ, with the flieriff's return, ^c, indorfed thereon.) Afterwards, to wit, on in this fame term, AffismncTitof before our lord the king at Wejlminjier^ comes the wa^rran" of jii* faid C D. by G. H. his attorney, and fays that in the record and proceedings aforefaid, and alfo in giving the judgment aforefaid, there is manifeft er- ror in this, to wit, that the declaration aforefaid, and the matters therein contained, are not fufficient in law for the faid A. B. to have or maintain his aforefaid action thereof againft the faid C. D. ; there is alfo error in this, to wit, that by the record aforefaid it appears, that the judgment aforefaid, in form aforefaid given, was given for the faid A. B. againfl; the faid C. D. whereas by the law of the land, the faid judgment ought to have been given for the faid C. D. againft the faid A. B. ; there is alfo error in this, to wit, that there is no warrant of attorney filed or remaining of record, in the faid court of our faid lord the king of the bench at WeJI- minjlery between the p-^rties aforefaid. In the plea aforefaid, to warrant the faid E. F. to be attorney for the faid A. B. againft the faid C. D. in the plea aforefaid ; therefore in that there is manifeft error : And the faid C. D. prays a writ of our faid ]ord the 14 king, 494 ASSIGNMENTS o/" ERROR, &C. king, to be dire6led to the chief-juftice of the faid court of the bench, to certffy to our faid lord the king the truth of the fame ; and it is granted to hirn, is'c And the faid C. D. prays that the judg- ment aforefaid, for the errors aforefaid, and other errors in the record and proceedings aforefaid, may- be reverfed, annulled and altogether held for no- thing, and that he may be rellored to all things which he hath loll by occafion of the faid judgment, to wit. Certiorari to certify warrant of pfacipe for ctr- _ fij^ar/, to certify ^ _ _ wanants of at- attorney, for A. B. plaintiff againft C. D. late of, Q.ney. ^^^ defendant, returnable without delay. G. H. attorney.' 179-. Certiorari. G^cr^r the Third, ^V. To our right trufty and w^ell-beloired J'o.bu Lord Eldon, cur chief-juftice of the bench, greeting : We being willing for certain caufes to be certified, whethev- A. B. made E. F. gentleman his attorney of record, againft C D. late of, ^c. of a plea of trefpafs on the cafe (or as the plea is), before you and your companions our juftices of the bench aforefaid, of the term of — ■ — in the year of our reign, or not ; do command you, that having fearched the rolls and other memoran- dums of warrants of attorney, for the county of being in your cuftody of record, of the aforefaid term of In the year of our reign afore- fnld, what you {liall find therein concerning the faid warrant of attorney, between the parties aforefaid o£ the plea aforefaid, you certify to us without delay, where- in the king's bench. 495 whcrefoever we (hall be in England ^ as fully and entirely as the fame remains in your cullody, together with this writ. Witnefs Lloyd Lord Kcn- ycHf Sec. The anfwer of Joh/i Lord Eldon, the chief-iuftice Return thereto, •^ that there is i;o within-named. warrant of attor- ney. I certify to our, lord the king, that having fearched the rolls and other memoi'andums of warrants of attorney, for the county of , of the term and year within-written, being in my cuftody ; I have not found in the fame, any warrant of attorney be- tween the within-named ^. B. and C. D. of the plea within-mentione J . George the Third, ffrV. To the (herifF of — — , Scire fac'iai ad T, r • \_ , , ' 1 • audicnduTT. er- greetmg : iiecaule m the record and proceedmgs, rora, on error and alfo in the giving of judgment, in a plaint which ^°^ u,^ Com- o t) J o ' r tjien Pleas. was in our court before John Lord Eldon and his companions our jullices of the bench, by our writ between A. B. plaintiif and C D. late of, i^c. de- fendant, of a plea of trcfpafs on tlie cafe (or as the plea is), as it is faid, manifefl error hath intervened, to the great damage of the faid C. D. as by his complaint we are informed •, the record and pro- ceedings of which faid judgment we have lately caufed to be brought before us, for certain caufes of error; and the faid CD. hath duly afligned errors of record upon the judgment aforefaid : And we being wiUing that the error, if any there be, fhould in due manner be corrcfted, and full and fpeedy juftice done to the parties aforefaid, as is juft, com- mand you, that by good and lawful men of your bailiwick. 49^ ASSIGNMENTS o/* ERROR, See. bailiwick, you make known to the faid A. B. i\iit he be before us, on '■ wherefoever we fhall then be in England^ to hear the record and proceedings aforefaid, if it fnail feem expedient for the faid C. D.-y and further to do and receive what our faid court before us fliall confider of the faid A. B. in this behalf j and have there the names of thofe by whom you fhall fo make known to him, and this writ. Witnefs Lloyd Lord KenyoUy &c. The like, on George the Third, ^c. To the fherifFof , a judgment in Jcirefaciaiz^zm^ grcetmg : Whereas lately in our court before y<7>?i« Lord Eldon and his companions, our juftices of the bench at M'eJltninJIer, it was confidered, that A. B. fhould have execution agalnft E. F. and G. H. te- nants of the lands and tenements of C. D. late of, tf^c. then deceafed, as v/ell of a certain debt of /. as of /. which in our faid court of the bench aforefaid, were adjudged to the faid A. B. agalnft the faid C. D. for his damages which he had fuftained, on occafion of the detaining of that debt ; whereof the faid E. F. and G. H. on our writ Qifcire facias J IfTuing againft the tenants of the lands and tenements of the faid C. D. on the judgment aforefaid, are conviifted : And becaufe in the adju- dication of the execution aforefaid, rnanifeft error hath intervened In , the record and proceedings of that adjudication, to the great damage of the faid E. F. and G. H. as by their complaint w^e are in- formed ; the record of which faid judgment and ■writ of fcire facias^ for certain caufes of error, we lately caufed to be brought before us, as appears to us of record : Therefoie we command you, that by good in the king's bench. 497 good and lawful men of your bailiwick, you make known to the f.iiJ A. B. that he be before us, oa whcrcfoever we fhall then be in England^ to hear the record and proceedings aforefaid, if it fliall lecm expedient for the faid E, F, and G. H, j and further to do and receive, isc. George the Third, l^c. To the IherifF of — — , The like, o« greeting : Becaufe in the record and proceedings, [nfeaorwu'" and alfo in the giving of judgment, in a plaint lately levied in our court of — — before the judges of the lame court, between A. B. and C. D.. of a plea of trefpafs on the cafe (or as the plea is), manifefl error hath intervened, to the great damage of th^ faid ,C. D. as by his complaint we are informed j which faid record and proceedings we have for cer- tain reafons, caufed to come in our court before us j and the faid C. D. hath duly afljgned errors of re- cord upon the judgment aforefaid : And we being willing, i^c. (as before, p. 495, 6.) George the Third, ^c. To the flieriff of , The like, on greeting: Whereas A. B. lately in our court before ""^""o '^^^y''^ 00 1 an outlawry in US, impleaded C. D. late of, ^c. in a plea that '^'= King's . . , . . Bench. whereas, <^c. (recitmg the origmal writ,) to the da- mage of the faid A. B. of /. as it is fliid ; and the faid C. D. becaufe he did not come before us, to anfwerjto tlie faid A. B. in the fame plea, was put in exigent, and in your county -court (or in the huf- tings of pleas of land, holden in the Guildhall of the city of London) on that occafion was afterwards outlawed ; as by the record and proceedings thereof, remaining in our faid court before us, manifeftly K fc 9 appears ; Appears : And becaufe on behalf of the fald C. 17. as we are informed, manifeft error hath intervened in the record and proceedings aforefaid, and alfo in the pronouncing of the outlawry aforefaid ; and thereupon the faid C. D. hath profecuted our writ of error, directed to our jnftices afligrfed to hold pleas in our court before us, commanding them that the record and proceedings aforefaid being in- fpe£ted, they caufe to be further done thercupdh, for the annulling of the outlawry aforefaid, what of right and according to the law and cuftom of Eng- land, ought to be done in the premifes ; and the faid C. D. hath thereupon duly affigned his errors of rc- ^ cord, as by the iufpeOion thereof likev.ife appears to us : Therefore we command you, that by good and lawful men of your bailiwick, you make known to the faid A. B} that he be before us, on — — wherefoever we fliall then be in England^ to hear the record and proceedings aforefaid, and alfo the errors afligned in the pronouncing of the outlawry aforefaid, if it ftiali feem expedient for the faid C. D. J and further to do and receive, ^c. rhe'iike, on Giorge the Third, t^c. To the flieriff of — — , tt!min:oVreco- greeting : Becaufe in the record and proceedings, *'«y. aiiti alfo in the giving of judgment, in a plaint M'hich was in our court before John Lord Ehhn and hia companions, our juftices of the bench at Wejlmiri' ftetf upon a writ of entry y}/r dijfeiftn en le pojl^ be- ' tween A. B. demandant and C D. deforceant, of mefluages and acres of land with the ap- purtenances, in the patifli of — — in your faid -county, and in which faid plaint the faid C. D. then in the KING'S BENCH. 499 then tenant of the tenements aforefaid with the appurtenances in the fame court vouched thereof to warranty E. F. who did warrant the fame to him, and further thereof vouclied to warranty G. H. who did warrant the fame to him, which faid re- cord and proceedings we lately caufed to be brought and they now remain before us, manlfefl: error hath intervened, to the great damage of J. K. as by his complaint we are informed : And we being willing that the error, if any there be, (hould in due man- ner be correQed, and full and fpeedy juftice donetd the parties aforefaid in this behalf^ command youj that by honeft and lawful men of your bailiwick^ you make known to the faid A. B. and alfo to L. AL &c. the now tenants of the tenements aforefaid, that they be before us, on wherefoever we fhall then be in England^ to hear the record and proceedings aforefaid, if it fhall feem expedient for the faid J. K. j and further to do and receive, ^c* And hereupon afterwards, to wit, on join(!er in error, next after in term, in '" ^\ ^'"^'* ' Bench. the year of the reign of our faid lord the king, the faid A. Bi by E. F, his attorney, freely comes here into court, and fays that there is no error either in the record and pro- ceedings aforefaid, or in giving the judgment afore- faid ; and he prays that the court of our faid lord the king now here, may proceed to examine as well the record and proceedings aforefaid, as the matters aforefaid above afligned for error, and that the judg- ment aforefaid, in form aforefaid given, may be in ; all things affirmed, dfr. But becaufe, ^c. KK 2 5G« The like, after a rule given to return the cer- tiorari, with an entry of noii mijtt t'reuia. Plea of releafe oferrcrs. ASSIGNMENTS o/* ERROR, &C. A. B. 1 Whereupon next after in thk ats. I fame term, is given by the court of our . ^* ^^- { faid lord the king now here, to return J to the court of our faid lord the king, the feveral writs of certiorari above prayed ; the fame day is given to the faid j4. B. there, if^c. And the faid chief-jullice of our faid lord the king of the bench aforefaid, and the faid cujlos brcvium of the fame court at that day did not return the faid writs, nor did they do any thing thereon : And hereupon the faid A. B. comes voluntarily into court by his attorney, and fays that there is not any error either in the record and proceedings aforefaid, or in giving the faid judgment ; and he prays that the faid court of our faid lord the king here, may pro- ceed to examine as well the record and proceedings aforefaid, as the faid matters above afligned for error, and that the judgment aforefaid may be in all things affirmed, ^f. But becaufe, ^c. And the faid A. B. by E. F. his attorney, comes and fays that the faid C. D. ought not further to profecute or maintain his writ of error aforefaid, againfl; him the faid A. B. becaufe he fays that after the judgment aforefaid, in form aforefaid recovered, and before the day of fuing out the faid writ of error, to wit, on, tffr. at, ^c. he the faid C. D. by the name of, (^c. by his certain writing of releafe, fealed with the feal of him the faid C. D. and to the court of cur faid lord the king now here fhewn, the date whereof is the fame day and year aforefaid, did re- mife, releafe and for ever quit claim to the faid A.B. in the king's bench. 50 1 ^. B. by the name of, ijfc. his heirs, executors and adminiftrators, all and all manner of error and er- rors, writ and writs of error, and all benefits and advantages of the fame, and all mifprifions of error and errors, defefts and imperfedlions whatfoever, had, made, committed, omitted, done or fuffered in about touching or concerning the judgment afore-* faid obtained againfl; him the faid C D. by the faid ^. B. in the faid term then laffc pad, in the faid court of our faid lord the king of Common Bench at Wejimitifiery for /. of debt, befides cods of fuit, or in about touching or concerning any warrant, procefs, original, declaration, plea, entry or other proceeding whatfoever, of or in any manner concerning the fame judgment ; as by the faid writing of releafe more fully appears : And this he the faid A. B. is ready to verify, wherefore he prays judgment if the faid C. D. ought further to profecute or maintain his writ of error aforefaid againfl: him the faid A. B. Sec, And the faid C. D. fays that he, by rea- Repilcatioa fon of any thing by the faid A. B. in ^^"''''• his faid plea above alledged, ought not to be barred from further profecuting and maintaining his writ of error aforcfaid, againft the faid A. B. on the judgment aforefaid ; becaufe he fays that the faid writing of releafe by him the faid A. B. in manner and form aforefaid above pleaded in bar of the errors aforefaid, by the faid C, D. above affigned, is not the deed of him the faid C D. And this he the faid C. D. prays may b^ inquired of by the country, ^c. K K 3 5P2 ASSIGNMENTS o/" ERROR, &C. Aflignment of general eirms, in f/(Cj returned), ment of errors, '< And this he the faid CD. is om jch c fadai ready to verify," and then as follows :) And the faid C. D. prays the writ of our faid lord the king, to warn the faid A. B. to be before our faid lord the king, to hear the record and proceed- ings aforefaid, and the matters aforefaid for error affigned ; and it is granted to him, ffft-. by which it is commanded to the Iheriff of the county aforefaid, that by good and lawful men of his bailiwick, he make known to the faid A. B. that he be before our faid lord the king, on wherefoever our faid lord the king fliall then be in Englandy to hear the record and proceedings aforefaid, and the matter aforefaid for error affigned, if, I3c. and further to do and receive what .the faid court of our faid lord the king fhall confider of him in this behalf; the fame day is given to the faid C D^ &c. : At which day, before our faid lord the king at V/eJlmlnJier^ comes the faid C. Z). by his attorney aforefaid, and offers himfelf againft the faid A. B. ; and the (heriff, to wit, — flieriff of the faid county, returns that by virtue of the faid writ to him directed, he hath by and , good, isfa caufed it to be made known to the faid A. B. that he be before our faid lord the king, at the time in the faid writ mentioned, as by the faid writ he was commanded, bV. And the faid A. B. being folemnly called, comes by his attorney ; whereupon the faid C. D. as before faith, that in the record and proceedings aforefaid, and alfo in giving the judgment aforefaid, there is nianifeft error, by alledging the faid errors by him I. L in 5 74 ISSUES ;« ERROR y in foFtn aforefald alledged ; and he prays that che judgment aforefald in form aforefald given, for the errors aforefald, and other errors in the record and" proceedings aforefald, may be reverfed, annulled and' altogether held for nothing, and that he may be re- ftored to all things which he hath loft by occafioa of the fald judgment, cifr. And the fald A. B. by his attorney aforefald, comes and fays that there is no error, t^c. (here copy the joinder ill error, and conclude as before). The like aft.r ^^^ '" *^^ ^^^> *° ^^^^ ^^^ given on the fcire fa' ewo nikih te- cias, and then as follovi^s :) turned. At which day, before our fald lord the king at WeJlmmJUery comes the fald C. D. by his attorney aforefald ; and the fherlfF, to wit, fherifF of tlie fald county, returns that the fald A. B. hath not any thing irt his bailiwick, where or by which he can give him notice, as by that writ he was com- manded, neither is the fald A. B. found in the fame ; and the fald A. B, doth not come : There- fore as before, it is commanded to the fald ftierlft of that by good, ^c. he make known to the faid A. B. that he be before our fald lord the king, on (the return of the feeond fcire facias)^ •wherefbever our fald lord the king Ihall then be in England^ to hear the record and proceedings afore- fald, if, Is'c. and further, ^c. the fame day is glveiT to the fald C. D. &c. ; At which day, before our fald lord the king at Wejlminjler aforefald, comes the faid C. D. by his attorney aforefald ; and the fherlfF of the county aforefald as before returns, that she faid A. B. hath not any thing in his baillwlckj ■where ISSUES in ERROR. where or by which he can make known to him, ^c. nor is he found in the fame ; and the faid ^. B. being folemnly called, comes by — ■■• his attorney : Whereupon the faid C, D. as before faith, ^c. (as in the laft). 515 next after in the year of the Ru'efor««=* cilium, in the reign of king George the Third. King's Bench. — - next after is appointed to hear the counfel for both parties. Upon the motion of Mr. -. By the court. Pleas In the Exchequer-chamber at Wejltn'injiery before John Lord Eldon, chief-juftice of the Com- mon Bench of our fovereign lord the king, Sir Ar- chibald Macdonald knight, chief baron of the Exche- quer of our fovereign lord the king, of the degree of the coif. Sir Francis Buller baronet, John Heath efquire, and Sir Giles Rroke knight, the three other juftices of the Common Bench of our fovereign lord the king; and alfo before Sir Beaumont Hothatn knight. Sir Alexander Thomfon knight, and Sir Alan Chambre knight, the three other barons of the Ex- chequer of our fovereign lord the king, of the degree of the coif, on — the day of in the ■ year of the reign of king George the Third, ^c. Our fovereign lord the king hath fent to his right trulty and well-beloved Lloyd Lord Kenyon^ his chief- juftice affigned to hold pleas in the court of our faid lord the king before the king himfelf, his writ clofe in thefe words, to wit : George the Third, l^c, (here copy the writ of error and return, with tlie proceed- L L 2 ings Iffae on error, from the King'! Bench to the Exchequer- chamber. 5^6 ISSOES in ERUOR. ings in the original adion, as in the tranfcript, and- proceed as follows) : And thereupon comes here into court in the fald Exchequer-chamber, the faid C. D. in his proper perfon, and prays a day to affign error or errors in- the record and proceedings afore faid ; whereupon a day is given to him by the court here, to afhgn error or errors in the record and proceedings aforcfaid, until the day of next, ^c. Pleas in the Exchequer-chamber, i^c. (as beforcj mutatis mutandis). And thereupon comes here into court in the £aid Exchequer-chamber, the faid C. D. in his proper perfon, and prays a further day to affign error or errors in the record and proceedings aforefaid j whereupon a further day is here given him by this- court, to affign error or errors in the record and pro- ceedings aforefaid, until the ■ ■ day of — — next, i^c. Pleas in the Excliequer-chamber, ^c. (as before)^ At which day, comes here into court in the faid Exchequer-chamber, the faid C. D. in his proper perfon, and fays that in the record and proceedings aforefaid, and alfo in giving the judgment aforefaid, there is manifeft error, l^c. (here copy the affign- ment of errors). And the faid C. D. prays a writ to be dire«£led to the iherifF of to give notice to the faid A. B. that he be here, to hear the record and; proceedings aforefaid ; and it is granted to him, ^. Therefore the fncriff is commanded, that by good ISSUES i;t ERROH. 5 1? and lawful men of his bailiwick, he give notice, to the faid ^. B. that he be here, on — — the — — day of — --next,, ^c. Pleas in the Exchequer-chamber, ^c. (as before )» At which day, come here into court in the faid Exchequer-chamber, as well the faid C. D. in his proper perfon, as the faid u^. B, in his proper per- fon 5 and the ftierifF did not fend the writ, nor did he do any thing thereupon ; therefore the faid C. D» as before fays, that in the record and proceedings aforefaid, and alfo in giving the faid judgment, there is manifeft error, by alledging the error afore- faid, by him above for error affigned and alledged ; and he prays that the faid judgment by reafon of that error, and other errors in the record and proceed- ings aforefaid, may be reverfed, annulled and alto- gether held for nothing, l^c. And the faid A B. fays that there is not any error, ^c. (here copy the joinder in error). But becaufc the court of our lord the king here is willing to advife among themfelves of and upon the premifes, before judgment is given thereupon, a day is given here to the faid parties, till the day of ■ next, l^c. LL 3 5^8 RECORD of NISI PRIUS in ERROR." Record of mfi piggg before our lord the king at Weflmhijler. of ^nas in f rpr, on t> J J ' ^ an iffue in fadt. the term of in the year of the reign of our foyt^reign lord George the Third, by the grace of God of Great Britain ^ France and Ireland king, de- fender of the faith, l^c. Roll — Way, > England^ to wit. Our lord the king hath fent to his trufty and well-beloved John Lord Eldon, his chiefrjuftice of the bench, his writ clofe in thefe words, to wit : George the Third, f^c. (here copy the writ of error and return, with the proceedings in the original adion, as in the tranfcript, and pro«» ceed as follows) : Afterwards, to wit, on — — next after ■ in this fame term, before our lord the king at Wejim minjler^ comes the faid C. D. by G. H. his at-* torney, and fays that in the record and proceed- ings aforefaid, and alfo in giving the judgment aforefaidj there is manifeft error, ^c. (here copy the afiignment of errors, and pleadings thereon, to the end of the iflue and award of venire facias ^ and pro- ceed with a fecond placita^ Sec. as follows) : Pleas before our lord the king, ^c. ——— to wit. The jury between C. D. by his at- torney plaintiff in error, and ^. B. defendant, of a plea of error in fa£l, is refpited before our lord the king, until wherefoever our faid lord the king fhall then be in England, unlefs the king's right trufty and well-beloved Lloyd Lord Kenyan, his ma- jefty's chief-jultice afligned to hold pleas in the court of our faid lord the king before the king himfelfj (hall firll come on — — ihe — — day of at the Guildhall JUDGMENTS of NON-PROS, '&C. ^JI^ Guiliihall of the city of London (or at IVeJlm'ttiJier' hall in the county of Middlefex aforefaid), according to the form of the flatute in fuch cafe made and provided, for default of the jurors, becaufe none of them did appear : Therefore let the iheriff have the bodies of the faid jurors, to make the faid jury be- tween the parties aforefaid, of the plea aforefaid, eccordingly ; the fame day is given to the faid par- tsies, ^c. As yet of term, in the year of rhe Entry of ««-/.,-*» / ' reign of king George tlie Third. Witnefs Bench. Lloyd Lord Kenyan. England) to wit. C. D. puts in "his place G. H. his attorney, to profecute his writ of error againft A. B, in a plea of trefpafs on the,cafe (or as the plea is). England, to wit. The faid A. B. puts in his place E. F, his attorney, at the fuit of the faid C. D. oa the faid writ of error, in the plea aforefaid. England) to wit- Our lord the king hath fent to his right trufty and well-beloved his chief- juflice, l£c. his writ clofe in thefe words, to wit,* George the Third, ^.c. (here copy-the writ of error and return, with the proceedings in ,the original ac- tion, as in the tranfcript, and proceed as follows] ;: Afterwards, to wit, on next after in this fame term, before our lord the king at Weft' rn'mjler^ comes the faid A. B. by E. F. his attorney, and prays that the faid C. D. may affign errors of record, in tlie record and proceedings aforefaid ; L L 4 where- f JO JUDGMENTS of NON-PROS whereupon a day is given by the court of our faid lord the king now here, until next after , that is to fay, for the faid C. D, to afTign errors in the record and proceedings aforefaid : At which day, before our faid lord the king at Wejlminjler^ conres the faid A. B. by his attorney aforefaid j and the faid C. D. although folemnly called, doth not come, nor hath he affigned any error oi record in the record and proceedings aforefaid, nor doth he further profecute his faid writ of error, but makes "" default : Therefore it is confidered, that the faid C. D. take nothing by his writ aforefaid, and that the faid A. B. do go thereof without day, isc. and that the faid A. B. have his execution againft the faid C. D. of his damages (or d.ebt and damages) aforefaid, according to the force, form and effedl of the faid recovery, ^r. It is alfo confidered, that the faid A. B. do recover again (l the faid C D. /. by the court of our faid lord the king now here adjudged to the faid A. B. and with his aflent, according to the form of the ftatute in fuch cafe made and provided, for his damages cofts and charges which he hath fuflained and expended, by reafon of the delay of execution of the judg- ment aforefaid, on pretence of profecuting the faid writ of error-, and that the faid A. B. have execu- tion thereof, t^c. And the faid C. D. in mercyj The Tike, after (As In the lafl, to the end of the tranfcript, and a return of (ch-i . . .. , feci, on zfare thcu aS followS :) facias quare txe- » r i • r • iu'.mm K(i!. Afterwards, to wit, on next atter m this fanne term, btfore our lord the king at ?r>/?- nunfter^ ill ERROR. 5 2 it ifiifrj}ey, comes the faid A. B. by liis attorney afore- faid, and fays that execution of the judgment afore- faid ftill remains to be made to him ; therefore he prays the writ of our faid lord the king, to be di- redled to the iheriffof the county of aforefaid, that he make known to the faid C. D. to be before our faid lord the king, wherefoever, i^c. to (hew if he hath or knoweth of any thing to fay for himfelf, why the faid A. B. ought not to have his execution againfl him, of his damages, coils and charg'i:s afore- faid, according to the force, form and eileci of the faid recovery ; and it is granted to him, ^c. by which it is commanded to the (heriff of the county of aforefaid, that by honcft and lawful men of his bailiwick, he make known to the faid C. D. that he be before our faid lord the king, on (the return of the fc'tre facias\ wherefoever, i£c. to fliew in form aforefaid^ if, i^c and further, i^c. the fame day is given to the faid A. B. Sec. At which day, before our faid lord the king at IVeJiiniiifieri comes the faid A.B. by his attorney aforefaid, and offers himfelf againfl the faid C D. in the plea aforefaid j and the fheriff, to wit, flierifF of the faid county of returns, that by virtue of the faid writ to him diredled, by and honefl:, iSc, he has given notice to the faid C. D. to appear, i^c. to fliew, as by that writ he was required; and the faid C. D. being fclemnly called, doth not come, but makes default : And hereupon the faid A. B. fays, that the faid C D. hath rot afligned any error or errors in the record and proceedings aforefaid ; therefore a day is given to the parties aforefaid, to come before our faid lord the king, on ■. where- foever, J2Z JUDGMENTS of NON-PROS focver, bV. that is to fay, for the faid C. Z). to affign error or errors in the record and proceedings aforefaid, ^c. At which day, before our faid lord the king at Weflminjlery comes the faid A. B. by his attorney aforefaid ; and the faid C. D. at that day, ahhough folemnly called, doth not come, but again makes default, nor does he further profecute his faid writ of error again ft the faid A. B. There- fore it is confidercd, ^c. (as in the laft j. The like, after (As in the laft, to the (lieriff's return, and then two nihih re- . . _ . _ - turned. as follovvs :) And the iherift, to wit, llienfFoi the faid county, returns that the faid C. D. hath not any thing in his bailiwick, where or by which he can give him notice, as by that writ he was com- manded, nor is the faid C. D. found in the fame j and the faid C. D. doth not come : Therefore as before, the faid fheriff is commanded, that by ho- neft, ^; aflembled, comes the faid A. 3. 52.|. JUDGMENTS of NON-PROS, &C. A. B. in his proper perfon, and prays that the faid C D. may afiign errors in the record and proceed- ings aforefaid ; therefore a day is given to the faid C. D. before our faid lord the king in parliament, to affign errors in the record and proceedings aforefaid, until ■ the day of inftant ; At which d.iy, before our faid lord the king in his parliament, conaes the faid A. B. in his proper perfon -, and the faid C. D. although folemnly called, doth not come, but makes defafultj nor doth he further profecute the- faid wri^ fpr correcting of errors againft the faid A. B. Therefore it is confidered by the faid court of our faid lord the king in his parliament, that the faid C D. take nothing by his faid writ of error, but that he be in mercy, i^c. and that the faid A. B, do go thereof without day, ^c. It Is alfo confidered by the faid court of our faid lord the king in his par- liament, that the faid A. B. recover againft the faid C D. — — /. by the court of our faid lord the king in his parliament adjudged to the faid A. B. and with his afient, for his damages cofts and charges which he hath fullained and expended, by reafon of the delay of execution of the judgment aforefaid, on pretence of profecuting the faid writ of error; and that the record and proceedings aforefaid be remitted from the court of parliament aforefaid, to the court of our faid lord the king before the king himfelf, to the end that execution may be had there- upon, difV. Cler, Parh JUDGMEN'rt o/* AFFIRMANCE, Sec. 52$ (Entry of warrants of attorney as before, p. e lo.) -Affirmancemthe * ' ' King's Bench, England, to wit. Our lord the kinff hath fent to ofajudgmentfcc •^ ' ^ the plainciff. his right trufty" and well-beloved John Lord Eldon^ his chief-juftice of the bench, his writ clofe in thefe words, to wit : George the Third, cs*^. (here copy the iflue, to the end of the continuance by curia ad~ vifari vidt, and proceed as follows) : At which day, before our faid lord the king at Wejlminfur^ come the parties aforefaid, by their attornies afovefaid j whereupon as well the record and proceedings afore- faid, and the judgment given in form aforefaid, as the matters aforefaid by the faid C D. above for error affigned, being feen and by the court of our faid lord the king now here fully underftood, and mature deliberation being thereupon had, it appears to the court of our faid lord the king now- here, that there is no error either in the record and proceedings aforefaid, or in giving the judgment aforefaid : Therefore it is confidered, that the judg- judgment ment aforefaid in form aforefaid given, be in all things ' affirmed, and (land in full force and effeft, the fe- veral matters above for error affigned in anywife not- withftanding : Audit is further confidered, that the faid A. B. do recover againft the faid C. D. as well his damages (or debt and damages) aforefaid, as alfo . /. adjudged to him by the court of our faid lord the king now here, according to the form of the ftatute in fuch cafe made and provided, for his damages cofts and charges which he hath fuftained and expended, by reafon of the delay of execution of the judgment aforefaid, on pretence of theprofe- cution of the faid writ of error ; which faid damages cofts ^26 JUDGMENTS of AFFIRMANCE, 8cC^ cofts and charges in the whole amount to ■ A and that the faid A. B. have execution thereof, ^c, Mercy. And the faid C. D. in mercy, i^c. Reverfai in the (As in the lafl, to the end of the iflue, and then as King's Bench, of a judgment for lOllOWS:) At which day, before our faid lord the king at Wejlminjier, come the parties aforefaid by their at- tornies aforefaid ; whereupon as well the record and proceedings aforefaid, and the judgment aforefaid in form aforefaid given, as the matter aforefaid by the faid C. D. above for error afligned, being feen and by the court of our faid lord the king now here fully underflood, and mature deliberation being thereupon had, it appears to the faid court of our faid lord the king now here, that in the record and proceedings aforefaid, and alfo in giving the judgment aforefaid, there is manlfeft error : There- fore it is confidered, that the judgment aforefaid, for the error aforefaid, and other errors in the re- cord and proceedings afoi-efaid, be reverfed, an- nulled and altogether held for nothing ; and that the faid C. D. be rellored to all things which he hath loft by occafion of the faid judgment, ^c. The like, on a ( As in the laft, to the beginning of the award of judgoient for the n- ■ 11 r n \ defendant in rcltitution, and then as follows :} — and that the faid ^. B. do recover agamlr the faid C. D. his debt aforefaid, and alfo — — /. for his damages which he hath fuftained, as well by means of the detaining the faid debt, as for his cofts and charges by him about his fuit in this behalf ex- pended, by the court of our faid lord the king now 7 here in ERROR. 5^7 here adjudged to the faid ^, B. and with his affent, and that he have execution thereof, i^c. And the faid C. D. in mercy, iJc. (To the end of the Iflue, and then aa follows :) Affirmance in ^ the Exchequer- ■ ■ ■ to wit. C. D. puts in his place G. H. his chamber, of a . judgment for the attorney, agaui ft -rf. iJ. in a plea of correcting error, plaintiff. ■ to wit. The faid A. B. puts in his place E. F. his attorney, at the fuit of the faid C. D» in the plea aforefaid. Pleas in the Exchequer-chamber, ifc, (as before, p. 515. mutatis mutandis). At which day, come here into court in the faid Exchequer-chamber, as' well the faid C. D. as the faid A. B. by their attornies aforefaid ; whereupon the premifes being confidered, and as well the re*- cord and proceedings aforefaid, and the judgment aforefaid thereon given, as alfo the caufe for error above afllgned, being by the court of our lord the king here diligently examined and fully underftood, it appears to the faid court of our faid lord the king here, that the judgment aforefaid is not in anywife erroneous or defedlive, and that in the record and proceedings aforefaid there is not any error : There- fore it is conlidered, that the judgment aforefaid be in all things affirmed, and ftand in its full force, flrength and efFe£l, the faid caufe above for error affigned and alledged in anywife notwithftanding : And it is further confidered, that the faid A. Bo recover againft the faid C, D. — /. by the court of our faid lord the king here adjudged to the faid A. B, and with his afl'ent, according to the form of the 5iS JUDGMENTS of AFflRMAKCE, &c. the {latute in that cafe made and provided, for his damages cofls and charges which he hath fuftained and expended, by reafon of the delay of execu- tion of the judgment aforcfaid, on pretence of the profecution of the faid writ of error ; whereupon the record and proceedings of the faid jufticcs of the Common Bench and the faid barons of the Ex- chequer, before them had in the premifes, are rC'- mitted by the faid juftices and barons, before our faid lord the king, wherefoever, i^c. according to the form of the ftatute of the 27th year of the reign of the late queen Elizabeth^ &c. Rule mfi for computing in- lerefi, on an af- iirmance in the i"xchcquer- •ih amber. It is ordered, that the plaintiff in error upon notice, ^c* (hall on, ^c, fhew caufe, why it {hould not be referred to the clerk of the errors, to calculate and afcertain the amount of the intereft upon the final judgment,, after the rate of 4/. per cent, from the time of final judgment being entered up, until the( affirmance of the faid judgment in this court ; and that fuch intereft may be added to the damages, for which fuch final judgment was entered up. Upon motion of Mr. . Entry of pro- ceeJings ani af- firmance In the Exchpquer- chambcr, and remiftifur to I he Kind's Bench. Afterwards, to wit, on the — — day o£ — in the year of the reign of our fovereign lord George the Third, king of Great Britain^ &c. a tranfcript of the record and proceedings aforefaid, between the parties aforefaid, of the plea aforefaid, with all things concerning the fame, by means of a certain writ of our lord the king for corre61:ing errors, profecuted by the faid C. D, againft the faid A.B. in ERROR. 529 A, B. of and upon the premlfc-s, by the court 'of dur faid lord the king before the king himfelf here, was tranfmitted before the juftices of our faid lord the king of his court of Common Bench and the barons of the Exchequer of our faid lord the king of the degree of the coif, in the Exchequer-chamber, ac- cording to the form of the ftatute made in the 27th year of the reign of the Lady Eiizabeih, late queen oi Etjglatidy &c. : And the faid CD. appearing in the Exchequer-chamber aforefaid, afligned certain matters for error in the record and proceedings aforefaid, and in giving the judgment aforefaid, ^for reverfnig the faid judgment ; to which the faid A. B. alfo appearing in the faid court of Exchequer-cham- ber, pleaded that there was no error either in the record and proceedings aforefaid, or in giving the judgment aforefaid : And afterwards, to wit, on ■ the day of • in the year of the reign of our faid lord the king, as well the record and proceedings aforefaid, and the judgment afore- faid given in form aforefaid, as alfo the matters by the faid C. D. for error afligned, being by the court of Exchequer-chamber diligently examined, and fully underftood, it feemed to the faid court of Ex- cliequer-chamber, that there was no error either in the record and proceedings aforefaid, or in giving the judgment aforefaid : Therefore it was then and there confidered by the faid court of Exchequer- chamber, that the judgment aforefaid fhould be in all things affirmed, and ft.md in its full force, ftrength and effect, the matters aforefaid above for error affigned and alledgcd in anywife notwith- ftanding : And it was then and there further confi- dered by the h^Q court, that the faid A, B. Ihould M M recover S^O Jtfi-MENTS 2/"AFFmMANC!^, &C. recover againft the faid C. D. /. by the fanld court there adjudged to the faid A. B. at his requeft, according to the form of the ftatute in fuch cafe made and provided, for his damages cofts and charges which he had fuftained and expended, on occafion of the delay of execution of the judgment aforefaid, on pretence of profecuting the faid writ of error : And thereupon as well the record aforefaid, as the proceedings of the juflices of the Common-Bench and barons of the Exchequer afore- faid, before them had in the premifes, were by the faid juftices and barons remitted into the court of our faid lord the king before the king himfelf, ac- cording to the form of the ftatute in fuch cafe made and provided, and now remain In the faid court of our faid lord the king before the king himfelf, l^c. Entry of failf- Afterwards, to wit, on next after — — in the ■ year of the reign of our faid lord the novT king, before the king himfelf at Wejlmitijler^ came the faid A. B. by his attorney aforefaid, and acknow* ledged that he had been fatisfied by the faid C. D. for the damages cofts and charges aforefaid : There- fore let the faid C D. be quit of the faid damages cofts and charges, Isfc. Petition for a To the right honorable the lords fpirltual and tem> hearing, in the *",.,. a- i t i Houfe of Lords. poraj, m parliament atlcmbled. The humble petition of A. B. defendant In a writ of error in parliament, wherein C. D, is plaintiff J Sheweth, That your petitioner obtained a judgment after verdiit, Ki the court of King's Bench, againft the faid CD, Zfi ERROR. S3l C D. in an action of debt for — — A which in ■ ■ — term laft, on a writ of error brought by the faid C. JOL in the Exchequer-chamber, was unanimoufly affirmed by all the judges of the court of Common . Pleas and barons of the Exchequer ; That the faid C. D. hath lately brought a writ of error returnable in parliament, in which the plaintiff in error hath named himfelf by a different addition, from what " . he is named in the faid a£lion, with an intent thereby, as your petitioner is advifed, to delay your petitioner, in a moft unreafonable and unufual man^ ner, from the recovery of his juil debt. That the plaintiff* in error hath neverthelefs affigned his errors j and your petitioner hath joined in error. Your petitioner therefore moft humbly prays your lordfliips, to appoint fuch a day for taking the pre- mifes into your confideration, and arguing the faid errors, as to your lordlhips great wifdom fiiall feem meet. And your petitioner (hall ever pray, ^r. At which day, before the fame court of parlia- Affirmance Jh ^Tr n ■ r, it i r • i ^ tn ^^^ Houfe M ment at iVeJimDijiery come as well the laid L. D. ?.s i.onisjofajudg- the faid A. B. in their proper perfons ; whereupon K^n^'s Bench all and fingular the premifes being; feen, and bv the ^^'^^^^ in the ° , ^ . Exchequer- court of parliament aforefaid novv here fully under- chamber. ftood, and as well the record and proceedings afore- ** faid, and the judgment thereon given, as the faid caufes and matters by the faid C D. above for error affigned, being diligently examined and infpe£led, and mature deliberation being thereupon had, it feeras to the court of parliament aforefaid now here, that there is no error either in the record and pro- "M M 2 ceedsngs 532 JUDGAIENTS c/" AFFIRMANCE, S:C. cccillngs aforefaid, or in the giving of the judgment aforefaid, or in the affirmance of the fame judgment, and that the faid record is in nowife vicious or de- fe£live : Therefore it is confidered by the fame court of parliament, that the judgment aforefaid, and alfo the affirmance of the fame judgment, be in all things affirmed, and {land in their full force and effe£l, ' the faid caufes and matters by the faid C D. above for error affigned in anywife notwithftanding : And it is further confidered by the fame court of parlia- inent now here, that the faid A. B. do recover agninft the faid C. D. -—— /. by the fame court of parliament adjudged to th.e faid A. B. and with his alTent, according to the form of the (latute in fuch cafe made and provided, for his damages cofts and charges which he hath faflained and expended, by reafon of the delay of the execution of the judgment aforefaid, on pretence of profecuting the faid writ of error : And thereupon the record aforefaid, and iilfo the proceedings aforefaid iij the fame court of parliament had in the premifes, are remitted by the fame court of parliament, to the court of cur faid lord the king before the king himfclf, wherefoever, CIcr. Farh Tiitiy ofpro- Aftciwards, to wit, on the — — • day of In wedings and af. ^ ^^ ^j ^.^ ^£ ^^^^ ^^.^ j^^ ^^ ^ •fivmance m the "-"^ / ^ to Houfecf Lords, \-\x\%^ the laid lord the king fent to his right trufly and rcmu.'i'.ir Lu " ^ the King's and well-belovcd Z,/o)y/ Lord Kaiyofi, thechicf-juftice ^^'^'^'^' of the fame lord the king, affigned to hold pleas in the court of our faid lord the king before the king himfelf, his writ clofe in thefe words;, to wit : George VI ERROR. George the Third, i^c. (here copy the writ of error, and proceed as follows) : By virtue of which faid writ, the faid chlef-jullice with his own proper hands brought the record and proceedings in the plaint aforefaid, with all things concerning the fame, to our faid lord the king in the prefent parjianient, according to the exigency of that writ. Afterwards, to wit, on the day of in the year of the reign of our faid lord the king, before our faid lord the king and the peers of this realm, in the prefent parliament at Wejlminjler in the county of Mtddlefix aifembled, comes the faid CD, in his proper perfon, and immediately fays that in the record and proceedings aforefaid, and alfo in the judgment aforefaid thereupon given, in the faid court of Exchequer- chamber of our faid lord the king, there is manifefc error, ^c. (dating the affignment of errors and joinder) : But becaufe the court of our faid lord the king before the king him- felf in his parliament, are not yet advifed what judg- ment to give of and upon the premifes, a day is therefore given to the parties aforefaid, before our faid lord the king in his parliament, until the »— day of next enfuing, wherefoever, ^c. to hear their judgment of and upon the premifes, becaufe the court of our faid lord the king In his parliament here, are not yet advifed thereof, ^c. At which day, before the fame court of parliament at Wejlminjler aforefaid, cdme as well the faid C D. as the faid A. B. whereupon all and fingular the pre- mifes being feen, ^'c. (as In the laft precedent, to the €nd). 533 534 EXECuTi^N Fiin fachs tf<:er Gfcfge the Third, id'c. To the flierlfF of , roil -pros or af- . -^^ , ,i , r i i * fitn-.ance in the greeting : We commana you, that of the goods arid Kings Bench. chattels of C. D. late of, <^c. in your bailiwick, yoi; cauie to be made /• (or a certain debt of A) which A.B. lately in our court before John Lord F.ldon and his companions, then our juftices of the bench at V/eJlmhiJlcr^ recovered againft the faid CD. Sec. whereof the faid CD. is convicted, as by the infpe^lion of the record and proceedings thereof, which we lately caufed to be brought into our court before us at WeJImifjJiery for certain fup-s pofed caufes of error therein, and which are now there remaining, appears to us of record ; and alfo -/. which in our faid court before us at Weji- rnwjler aforcfaid, were adjudged to the faid A. B, according to the form of the ftatute in fuch cafe made and provided, for his damages cofls and charges which he had fuftaioed and expended, on occafion of the delay of execution of the judgment aforefaid, on pretence of profecuting our writ of error brought thereupon by the faid C D. againft the faid A. B. becaufe the faid C D. did not profe- cute the faid writ of error with efFe£l ; (or on an affirmance, " the faid judgment being in our faid court before us, in all things affirmed-,") whereof the faid C D. is alfo convicted, as appears to us of record \ and have the faid monies before us, on — wherefoever we fhall then be in England, to rende? to the faid A. B. for his damages cofts and charges aforefaid ; and have there this writ. Wimefs Lloxd Lord Kenycni ^c, George in ERROR T 5^3? G'^.r^. the Third, ^c. To the fl.erifF of , J^^^f^^'^l"^' greeting : We command you, that of the goods and coftsineuot chattels of C. D. late of, ^c. in your bailiwick, *'" ^' you caufe to be made /. which lately in our court before us v/ere adjudged to the faid A. B. according to the form of the ftatute in fuch cafe made and provided, for his damages cofls and charges which he had fuftained and expended, on occafion of the delay of the execution of a certain judgment, obtained by the. faid A. B. againfl the faid C D. in our court before John Lord Eldon and his companions, our juftices of the bench at Weji- minjiery on pretence of profecuting our writ of error brought by the faid C. D. agalnft the faid A. B. of and upon the faid judgment, becaufe the faid C. D. did not profecute the faid writ of error with efFeft ; (or, the faid judgment being in our faid court before us, in all things affirmed ;) whereof the faid CD. is,convi£led, as by the record and proceedings thereof, which for certain fuppofed caufes of error ^herein, we lately caufed to be brought into our faid court before us, and which are now there remain- ing, appears to us of record j and have the faid mo- ney, ^c. (as in the laft). George the Third, ,^c. To the flierlfF of , The like, afcM a non-pros or greeting ; We command you, that of the goods and affirmance in chattels of C. D. in your bailiwick, you caufe to be ch^anibcV^^"' made /. (or a certain debt of /.) which A. B. lately in our court before us at Wejl minjiery recovered againfl the faid C. D- &c. whereof the faid C. D. is convi6led, as appears to us of record ; ?,pd alfo •— — /. which in our court of JEschequer- M M /\ chainber 53^ EXECUTION chamber at Wejlm'injler^ before our jufiices of tlie bench and the barons of our Exchequer of the de- gree of the coif, were adjudged to the faid A. B. according to the form of the (latute in fuch cafe made and provided, for his damages cofts and charges, which he had fuftained and expended, on occafion of the delay of the execution of the judg- ment aforefaid, on pretence of profecuting our writ of error brought thereupon by the faid CD, againft the faid A. B. becaufe the faid C. D. did not profe- cute the faid writ of error with effe£l: ; (or, the faid judgment being in our faid court of Exchequer- chamber in all things affirmed;) whereof the faid C. D. is alfo convided, as by the record and proceed- ings of our faid jufiices and barons, before them had in the premifes, and by them remitted into and now remaining in our faid court before us at JVeJIminJler aforefaid, alfo appears to us of record ; and have the faid monies before us at Wejlnii'iijler^ on next after , to render to the faid A. B, for his da- mages cofls and charges aforefaid j and have there then this v.-rit. \Vitn;fs, life. The like, after George i\itT^\x^^ &c. To the iIierifFof -, an action on the judgment, and a greeting : We command you, that of the goods and writ of error v ^i i r a> 7~> • l m- • i r » thereon. Chattels oi L. U. m your bailiwick, you caule to be made / (or a certain debt of /.) which A. B. lately in our court before us at WeJImuifieK, recovered againft the faid C. D. &c. whereof the faid C. D'. is convi£led, as appears to us of record ; and alfo /. v/hich in our court of Exchequev- chamber at TFefimiiiJier, before our jufiices of the bench and the barons pf our Exchequer of the degree of tn ERROR. 537 of the coif, were adjudged to the faid A. B. according to the form of the ftatute in fuch cafe made and provided, for his damages cofts and charges which he had fuflained and expended, on cccafion of the delay of the execution of the judgment aforefaid, on pretence of profecuting our writ of error brought thereupon by the faid C. D. againft the faid A. B. becaufe the faid C. D. did not profecute the faid yixit of error with efFeil ; (or, the faid judgment be- ing in our faid court of Exchequer-chamber in all things affirmed j) v/hereof the faid C. D. is alfo con- vi<£led, as by the record and proceedings- of our faid jufiices and barons, before them had in the premifes, and by them remitted into and now remaining in our faid court before us at Wejiminjl^r aforefaid, alfo appears to us of record; and alfo /. which the faid A.B. lately in our faid court before us at Wejlmlujler aforefaid, recovered againft the faid C. D. for his damages which he had fuflained, as well by reafon of the detention of the faid fird- menticr^ed damages (or debt and damages) cofts and charges, as for his cofts and charges by him about ' his fuit in that behalf expended ; whereof the faid C. D. Is alfo convicted, as appears to us of record ; and alfo /. which in our faid court of Exche- quer-chamber, before our juftices and barons afore- faid, were adjudged to the faid J. B. according to the form of the ftafute In fuch cafe made and pro- vided, for his damages cofts and charges which he had fuftained and expended, on occafion of tlic delay of the execution of the faid laft-mentioned judg- ment, on pretence of profecuting our writ of error ^roiight thereupon by the faid C. D, againft the faid 53^ E3CECUTI0N 'faid A. B. becaufe the faid C. D. did not profecute the faid laft-mentioned writ of error with cfFeQ ; (or, the faid lail-mentioned judgment being in our faid court of Exchequer-chamber in all things af- firmed ;) whereof the faid C. D. is alfo convifted, as by the record and proceedings of our faid juflices and barons, before them had in the premifes lad aforefaid, and by them remitted into and now re- maining in our faid court before us at Wejlminjler aforefaid, alfo appears to us of record ; and have the faid monies, ^c. Thei;ke,forthe Gecrge the Third, ISc To the PaenfF of , co!h iaeiror greeting : V/e command you, that ci the goods and °"^^' chattels of C. D. in your bailiwick, you caufe to be iiiade /. which lately in our court of Exche- quer-chamber at JVeJImhiJIery before our juftices of the bench and the barons of our Exchequer of the degree of the coif, were adjudged to A. B. accord- ing to the form of the ftatute in fuch cafe made and provided, for his damages cofts and charges which he had fuflained and expended, on occafion of the delay of the execution of a certain judgment, ob- tained by the faid A. B. againil the faid C. D. in our court before us, on pretence of profecuting ou^ \vrit of error brought thereupon by the faid C. jD, againil the faid A. B. becaufe the faid C. D, did not profecute the f^Id writ of error with effcdl ; (or, the faid judgment being in our faid court of Exchequer- chamber in all things affirmed;) whereof the faid C. D. is convicted, as by the record and proceed- ings of our faid juflices and barons, before them had, In the pvemifcs, and by them remitted into and now l^emaining in ERROR, 533 remaining in our faid court before us at Wejlimnjler aforefaid, appears to us of record j and have the faid monies, ^^. ' George the Third, ^c. To' the fheriff of , The Hlcc, after , a non-pros or at-, greeting : We command you, that oi the goods and fi,mance in the chattels of C. D. in your baihwick, you caufe to be ^"''■'^ " °"^' made /. (or a certain debt of /.) which A. B. lately in our court before us at Wejlminjlery recovered againft the faid C D. Sic. whereof the faid C. D. is convi£led, as appears to us of record ; and alfo /. which in our court of parliament were adjudged to the faid A. B. according to the form of the llatute in fuch cafe made and provided, for his damages cofts and charges which he had fuftained and expended, on occafion of the delay of execution of the judgment aforefaid, on pretence of profecuting our writ of error brought thereupon by the faid C. D. againft the faid ^. B. becaufe the faid C. D. did not profecute the faid writ of error with efFe£l; (or, the faid judgment being in our faid court of parliament in all things affirmed ;) whereof the faid C. D. is alfo convicted, as by the infpecHon of the record and proceedings thereof, remitted fronx pur faid court of parliament, into our court before us, alfo appears to us of record 5 and have the faid monies, i^c. Georg? the Third, ^c. To the fherifF of , Cap'as adjut'f greeting : We command you, that you take C. D. ■^^^^"tZlpro, if he ftiall be found in your bailiwick, and him fafely °l ^^r'"!'^",^*-. ■' ' 'the K ing s keep-, fp that you n>ay have his body before us, on Bcnth. " ■ ■ - where- 540 EXECUTION, &C. — — wherefoever we fliall then be in England^ to fatlsfy A. B. /. (or a certain debt of . /.) which the faid A. B. lately in our court before John LiOrdE/cIon and his companions, then our juftices of the bench at We/IminJIer, recovered againfl the faid CD. Sec. whereof the faid C. D. is convi£led, as by the infpe£lion of the record and proceedings thereof, which we lately caufed to be brought into our court before us at WeJJminJIer^ for certain fup- pofed caufes of error therein, and which are now there remaining, appears to us of record ; and alfo ■ /. which in our faid court before us at Weji" ininjier, were adjudged to tlie faid A. B. according to the form of the llatute in fuch cafe made and provided, for his damages cofts and charges which he had fuftained and expended, on occafion of the delay of execution of the judgment aforefaid, on pretence of profecuting our writ of error brought thereupon by the faid C. Z). againfl: the faid A. B. becaufe the faid' CD. did not profecute the faid %vrit of error with effect ; (or, the faid judgment being in our faid court before us in all things af- firmed ;) whereof the faid C. D. is alfo convicied, as appears to us of record j and have there this writ, Witnefs, is'c. The different writs of cnplns ad fatisfactendiitni after a nonpros or affirmance in the Exchequer- chamber or Houfe of Lords, may be eafily colle61:ed from the above form, and the foregoing writs of fieri facias in fimilar cafes. J li i llW RESTITUTION, &C. 54^ George the Third, isl'c. To the flierlfF of , Scire fadas quaie -.rn y» 71 1 , • . rejlltutkncm nor.y greeting : Whereas A. B. lately, to wit, in — — afier a judgment term, in the year of our reign, in our court be- ^Hn^'-f BeVch! fore John Lord Eldon and his companions, then our juftices of the bench at Wejlm'itiftery by our writ and by the judgment of the fame court, recovered againft Q. D. late of, b*r. /. which in our fame court were adjudged to the faid A, B. for his damages, ^c. whereof the faid C D. was convi£led, as by tlie infpe£lion of the record and proceedings thereof, which for certain caufes of error we caufed to be brought into our court before us at Wejlimnjler^ ap- pears to us of record : And for divers errors found in the record and proceedings aforefaid, and alfo in the giving of the judgment aforefaid, we have re- verfed and totally annulled the faid judgment j and we have farther confidered in our faid court before us at Wejlminjler aforefaid, that the faid C. D. be feftored to all things which he hath loft on occafion of the judgment aforefaid : And now on the behalf of the faid C. D. in our faid court before us v/e have been informed, that the faid A. B. hath had Ills execution of the damages aforefaid, on pretence of the judgment aforefaid, given in our court of the Bench aforefaid, and is yet poffefled thereof, to wit, at, ^c. whereupon the faid C. D. hath humbly be- fought us to provide him a proper remedy in tliis behalf: And we being willing that what is juft in this behalf (hould be done, command you, tliat by honed and lawful men of your bailiwick, you make known to the faid A. B. that he be before us, on whercfoever we ihall then be in England^ to fliew if he hath or knoweth of any thing to fay for himfdf. ^42 RESTITUTION lilmfelf, why the faid C. D. ought not to have reftl- tution of the damages aforefaid, according to the force, form and efFe£\: of the judgment aforefaid j given in our faid court before us ; and further to do and receive, is'c. The I'lke, after George the Third, fe'r. To the flieriff of i verfedTif'thr" greeting : Whereas A. B. lately in our court before Exchequer- yg aj Wefimiujler^ by bill without our writ, and by the judgment of the fame court, recovered agamll C. D. /. for his damages, ^c. whereof the faid C. D. is convifled, as appears to us of record ; and afterwards the faid C. D. brought our -writ for cor- recling error of and upon the record and proceed- ings aforefaid, againfl the faid A. B. returnable before our juftices of the Common Bench and the barons of our Exchequer, in ourExchequer-chamber : And thereupon afterwards, to wit, on the • day of in the year of our reign, beford our juflices of the Common Bench and the barons of our Exchequer aforefaid, in our faid Exchequer- Chamber, it was confidered, that the judgment afore- faid, for divers errors in the record and proceedings ^ aforefaid, fliould be reverfed, annulled and altogether held for nothing, and that the faid C. D. fiiould be reftored to all things which he had loft on occafion of that judgment ; as by the infpecSlion of the record and proceedings thereof, now remaining in our faid court before us, alfo appears to us of record : And now on the behalf of the faid C. D. In our faid court before us we have been informed, that the faid A^ B. hath had his execution of the damages aforefaid, in form aforefaid recovered, and is yetpofllfled thereof; where- hi ERROR. t^f V!/hereiipon tlie faid C. D. hath humbly befought lis to provide him a proper remedy in this behalf: And we being willing that wliat is juft in this behalf fliould be done, command you, that by honcll and lawful men of your bailiwick, you make known to the faid A. B. that he be before us at Weftminjler^ on next after , to fliew if he hath or knoweth of any thing to fay for himfelf, why the faid C. D. ought not to have reftitution of the da- mages aforefaid, if it fhall feem expedient for him fo to do ; and further to do and receive, ^c. George the Third, l^c. To the (herifF of ^ v/iit of reftifu- TTTi A -n ^ 1 T • • r • tion, after ajudg- greetmg : Whereas A. B. lately, that is to lay, m ^ent fev«ied m ■— — term, in the year of our reign, in our ll'f^j"^' court before J-ihti Lord EldoJi and his companions, then our jufllces of the bench at IVefimmJler, by our writ and by the judgment of the fame court, reco- vered again fl C D. late of, d?V. — — /. for his da- mages, i^c. \'v hereof the faid C. D. is convi£ledj as by the record and proceedings thereof, which for cer« tain caufes of error we lately caufed to be broug'it into our court before us, appears to us of record : And by reafon of divers errors in the faid record and proceedings, and nlfo in giving the i,udgment afore- faid, we have reverfed and totally annulled the f;ime 5 and we have further confidered in our faid court be- fore us, that the faid C. D. be reflorcd to a!l things which he hath lovt on occafion of the judgment aforefaid : And whereas the faid A. B. on pretence of the faid former judgment, hath had his execution of the damages aforefaid, and is yet pofTefied thereof, . as we have been Informed : Therefore we command 9 you. 544 REstlTUTIOI^ yrtu, that if It can be made appear to you, that tlic faid A. B. hath had his execution of the damages aforefaid, by virtue of the judgment aforefaid, then without delay you caufe the faid C D. to have full reflltution of the faid /. ; and if you cannot caufe him to have reftitutlon thereof, then that of the goods and chattels of the fiild A. B. In your baili- wick, you caufe to be made the faid — — /. and caufe that money to be delivered without delay to the faid C. D. (or, that you take the faid A. B. if he fhall be found in your bailiwick, and him fafely keep, fo that you may have his body before us, on where- foever, ^c. to reftorC'and make fatisfaclion to the faid C. D. of the faid /.): And In what manner you (liall execute this our writ, make appear to us, on wherefoever, c5^r. and have there this writ. Witnefs, ^c. The r,l-e, after George the Third, ' to nnal judg- tion of the fame court, according to the cuftom of mcfit afcer ver^ the faid court, from time-whereof the memory of man is not to the contrary there ufed and approved of in the fame court, on the day of in the year of the reign of our fovereign lord George the Third, by the grace of God of Great Bri- tain, France and Ire/and king, defender of the faith, and fo forth, and in the year of our Lord 179-, before L, M. &c. freeholders within the faid county, and fuitors of the fame court. Be it remembered, that at this court comes here A. B. m his proper perfon, and now in the fame court here, levies his plaint againft C. D of a plea of trefpafs in the cafe, to the damage of the faid A. B. of thirty-nine fjiillings and eleven-pence ; and in the fame court here finds pledges to profecute his faid plaint, to wit, john Doe znA. Richard Roe : and now in the fame court here, prays the procefs of the fame court here to be made to him thereon, againft the faid C. D. in the plea of his faid plaint ; and it is granted to him, i^c. And upon this it is in and by the fame court here com- N N 3 manded 548 FALSE'JUDGMENT; jnandeil to — — , one of the bailiffs errant of the fald J' K. fheriffof thefaid couniy, and minifter of the fame court here, that he fummon by good fummoners the faid C. D. within the jurifdidion of the fame court, that he be and appear at the next court of the county aforefaid, to be holden at aforefaid, in and for the county aforefaid, and within the jurifdic- tion of the fame court, on the — — day of — — jiext enfuing, to anfwer to the faid A. B. in the plea of the faid plaint ; and what the faid minifter fhall do ihcreon, that he certify to the fame next court-, the fam.e day is in and by the fame court here given to the faid A. B. to be there, Ijfc. At. which fame next eourt, to wit, the county-court of the faid J. K. efquire, (herifF of the county aforefaid, held at ■ iiforefaid, in and for the faid county, and within the jurifdi£iion of the fame court, on the day of in the faid year of tlie reign of our faid 4ord the now king, before N. 0. &c. freeholders within the faid county, and fuitors of the fame court, comes the faid A. B. in his proper perfon, and oifers himfelf againft the faid C. D. in the plea of his faid plaint ; and the faid bailiff and minifter of the fame court, now returns to the fame court here, the iforefaid precept to him in form aforefaid diredled, in all things ftrved and executed, to wit, that he by virtue of that precept, to him in fcrm aforefaid di- re(Sled, by — and good fummoners, hath fummoned the faid C. D. within the jurifdi^lion of the faid court, that he be and appear at the fame ne.xt court, to anfwer the faid A. B. in the plea of the faid plaint,, as he was ccmnaanded : Whereupon the faid FALSE-JUDGMENT. 54P fa'id C. D. being folemnly called, comes into this fame court here, in his proper perfon ; and there- upon the faid A. B. in this fame court, puts in his place E. F. his attorney, againft the faid C. D. in the plea of the faid plaint ; and the faid C. D. in this fame court here puts in his place G. H. his attorney, at the fuit of the faid A. B. in the plea of the faid plaint ; and thereupon the faid A. B. prays a day to declare againft the faid C. D. in the plea of the faid plaint here, until the next court of the county afore- faid, to be holden at aforefaid, in and for the county aforefaid, and within the jurifdidion of the fame court, on the day of now next enfuing ; and he hath it, Isfc. the fame day is given to the faid C. D, to be there, ISc. At which fame next court, to wit, the county-court of the faid y, K. efquire, (heriff of the county aforefaid, held at ' aforefaid, in and for the faid county, and within thejurifdi£lion of the fame court,on the aforefaid the day of in the year of the reign of our faid lord the now king, before P. ^ &c. free- holders within the faid county, and fuitors of the fame court, come as well the faid A. B. as the faid C, D. fay their attornies aforefaid ; and hereupon the faid A. B. prays a further day to declare againft the faid C. D. in the plea of the faid plaint here, until the next court of the county aforefaid, to be holden at — aforefaid, in and for the faid county, and within the jurifdiflion of the fame court, on the * day of now next enfuing ; and he hath it, t^c. the fame day is given to the faid C. D. to be there, Isfc. At which fame next court, to wit, the — — — county-court of the faid J. K. efquire, fheriff of the N N 3 faid ;j;« false-judgment, fiiid county, held at aforefaid, in and for the faid county, and within the jurifdidion of tlie fame court, on the aforefaid the day of — — in the year of the reign of our faid lord the now king, before R. S. &c. freeholders within the faid county, and fuitors of the fame court, come as well the faid J. B. as the faid C. D. by their attornies aforefaid ; And thereupon the faid A, B. by his faid attorney, now declares here in this fame court, againft the faid C. D. in the plea of the faid plaint, in manner and form following, that is to fay : In the county-court. A. B. complains agninfl C. D. of a plea of trefpafs on the cafe ; for that whereas, i^c. (here copy the declaration). And thereupon the faid C. D. prays leave to imparl thereto here, until the next court of the county aforefaid, to be holdtn in and for the fame county here, to wit, at aforefaid in the county aforefaid, and within the jurifdiclion of the fame court, on the — — . day of now next enfuing ; and he hath it, ^c, the fame day is given to the faid A. B. to be there, t^c. At which fame next court, to wit, the — — county-court of the faid J, K. efquire, (heriff of the county aforefaid, held at aforefaid, in and for the faid county, and within the jurifdi£lion of the fame court, on the aforefaid the day of — — in the year of the reign of our faid lord tl]e now king, before T. U. 8cc. freeholders within the faid county, and fuitors of the fame court, come as well the faid v^. B. as the faid C. D. by their at- tornies aforefaid; and thereupon the faid C. D. by his attorney aforefaid, defends the wrong and injury W:hen, ^c. ^nd faith that he did not undertake oy promife^ FALSE-jUDGfMiENT. * 55 1 promife, In manner and form as the fald^. B. hath above thereof complained againft him ; and of this he the faid C D. puts himfelf upon the country, ifjc. And hereupon the faid A. B. prays leave to reply thereto here, until the next court of the county afore- faid, to be holden in and for the fame county here, to wit, at aforefaid in the faid county, and within the jurifdi£tion of the fame county, on — — the day of now next enfuing ; and he hath it, iffc. the fame day is given to the faid C. D. to be there, ^c. At which fame next court, to ■wit, the county-court of the faid J. K. efquire, flierifF of the county aforefaid, held at aforefaid, in and for the faid county, and within the jurifdic- tion of the fame court, on the aforefaid the day. of in the year of the reign o£ our faid lord the now king, before V. TV. &c. free- holders within the faid county, and fuitors of the fame court, come as well the faid A. B. as the faid C. D. by their attornies aforefaid ; and thereupon the faid A. B. doth likewife put himfelf upon the country : Therefore to try the iflue above joined be- tween the parties aforefaid. It is coramandcd by the court here, to and bailifFs and minifters of the aforefaid court, that they caufe to come at the next court, to be holden at aforefaid, in and for the county aforefaid, and within the jurlfdidlion of the fame court, on the day of • now next enfuing, twelve honeft and lawful men of the fame county, and within the jurifdi£lIon of the fame court, by whom, l^c. and who neither, ^c. to recognize, i^c. becaufe as well, i^c. the fame day is given iu and by the faid court here to the parties N N 4 afore- vjjjJZ FALSE-JUDGMENT. aforcfaid, to be there, iSc. At which fame next court, to wit, at the county court of the faid "J. K. efquire, (herifF of the county aforefaid, held at aforefaid, in and for the faid county, and within the jurifdiclion of the fame court,. on the aforefaid the day of in the year of the reign of our faid lord the now king, be- fore X, T. &c. freeholders within the faid county, and fuitors of the fame court, come as well the faid ^. B. as the (aid C. D. by their attornies aforefaid ; and the faid — : — and bailiffs and minifters of the aforefaid court, to whom, l^c. have not returned the aforefaid precept, nor have they or either of theni 'done any thing thereon : Therefore, as before, it is commanded by the court here, to the aforefaid——. and bailiffs and minifters of the fame court, that they caufe to come at the next court to be holden at aforefaid, in and for the faid county, and within the jurifdidion of the fame court, on '-. .. • the day of now next enfuing, twelve honeft and lawful men of the fame county, and within the jurifdi^iion of the fame court, by whom, i^c. and v^ho neither, ^c, to recognize, ^c. becaufe as well, isfc. the fame day is given in and by the faid court here to the parties aforefaid, to be there, Ijfc. Before which faid next coiirt, the afore- faid J. K. was in due manner removed from his faid office of (heriff of the county aforefaid, and Z. A. efquire was duly chofen, conftituted and appointed flieriff of the faid county, in the lieu and ftead of the faid J. K. At which fame next court, to wit, at the iirft county-court of the faid Z. A. efquire, fherifF of tjie county aforefaid, held at --—- aforefaid in and 5ALSE-JUDGMENT, ^5| . 59. The like, for deeds, feV. ib. 00, For an afiault on board a fhip. ih. AFFIRMATION Of a Quaker to held to baili 16 See Atiomiesy 5. ALIAS. INDEX. 55^ ALIAS. See Bill cf Middle/ex, 3.6. Capias ad refpondetidum, \, 2. 6 Capias ad fatisfaciendum, 7. Dijlringas, 3. 7. Entries, 1, 2. 10. facias, 31. Pracipes, z. 4 Scire facias, 7. 23. APPEARANCE. See J?>ror, 18. Notices, 7.9. Fieri 6.9. Pr^- 8. 48. 2?;!'/fj, 24. Scire facias, ARBITRATIQN. I. Arbitration-bond on a reference to two, with a claufe of umpirage, 2J4 3. Afndavit of the due execution thereof. 215 3. The like, of the due execution ot the award. 2 16 4. The like, of demand and refufal, i5c. to ground attachment. ib. 5. The like, of the fum awarded and taxed cods. 218 See Order, 4. ASSIGNMENT of ERRORS. See Error. Fc^fe-Judgment, 3. ASSUMPSIT. See Ac'Ctiam, i, 2, 3. Affidavits of Debt, Capias adfatisfaciendimi, 1 . Fieri facias, I. 37. Judgments. Pleas, 2. Pojieas. Scire facias, 13. ATTACHMENT. r . On a queritur or plaint in tiefpafb' 10 2. On an original writ in covenant or debt, 44 3. Teftatum attachment. ^ 45 4,. Againft ftieiift" for not bringing in the body. 109 See Arbitration, 4. Returns, 1,2. ATTACHMENT of PRIVI- LEGE. I. Writ of, not bailable, 40 a. The like, bailable, ih. 3. fndorfcment thereon. 41 4. Writof, into a county-palatine, ib. See Entries, 3. Precipes, 12, 1 3. ATTORNIES. 1. Articles of clerkOtip. 132 2. Affidavit of execution. 135 3. The like, of payment of ftamp- duty. _ 13;^ 4. The like, of fcrvice under arti- cl.is. 137 c . Oath or affirmation on admiflion; ^ - ib. See Affidavits of Debt, 14, 15. At. tachment of Privilege. Bill, 5,6,7. Declura7ioi-t 5. Notices, 38.. Privilege, 1,2. Warrant of At .^ torney. AWARD. See Arlitration, B BAIL-BOND, 90. See Notices, 15. , BAIL TO THE Action !. Common bail-piece. 9f 2. Special bail-piece. itt 3. Recognizance cf bail. 94 4. Filacer*^ entry of fpecial bail by original. ib. 5. Notice of bail being put in, ib. 6. Affidavit of noiics of bai!, when not excepted to. 95 7. Afndavit of bail put in before a commifiioner. ib, 8. Affidavit of jollification of fuch bail. ib. 9. Notice of the bail-piece and affi- davit being filed. 96 10. Entry of exception to bail. ib. 11. Notice of exception. ib. 3 2. Notice of juftificaiion by fame- bail. 97 I}. Notice of adding or-e bail and jurtifying. tb. 14. Notice 560 r N I> E Xi J4. Notice of adding and jufiifying different bail. g^ i^. Affidavit of fcrvice of notice of jliftification. i^ 16. Affidavit to oppofe bail. 99 17. Rule for the aliowarceof bail. ii. is. bntry or minute of render and comn:iitment. 102 19. Notice of render. 103 20. Affidavit of fervice of notice of render. i^- 21. B&\\-p\eccort habeas corJ>KS. I 16 22. Recognizance of bail on habeas corpus, ih^ IN Error. , 23. Notice of. 476 24. Rule for better bail. ib. 25. Notice of juftiiication. 477 26. Recognizance of bail on error coram nobis, ib. See Capias adfatisfacieridum, 17, 18, 19, 20, 21. Entries, 6,7. 17. /■/m Facias, 47, ^c Judgments, 79, 76, 77, 78. ^«/^J-, 4. f Facias, 1,2, i^c. B ANKRUPT. S'ee Jc-Etiam, 3. Affidavits of Debt, 3O; 51, 2. 5r/V-^ Facias, 32. 35. B\RON AND FEME. See Jffida-viis cf Debt, 2. 48, 49. Error, 25, 2b. tSaVf Facias, 33, BERWrCK-upoN-TV/EED. See Proctfs, 6. Venire Facias, 7. BILL. 1, Beginning and conclufion of a bill againit a member of the Houfe of Commons. 85 2. Beginning of a bill againfl federal defendants, one of them being a member, and others in the cullody of the marfbal. ib. 3 Beginning of a bill againft a pri- ioner in the callcdy of the marlhal. J23 4. The like, v^^here the eaufe of ac- tion arifes and the bill is filed in vacation. 123 5. Beginning of a bill againft an attorney. \i\^x 6. The like, by one attorney againft another. ib, 7. The Jike, where the cauffe of ac- tion arifes and the bill is filed in vacation. ih, 8. The like, againft the marfhal. 142 See Certiorari, 1 1, 12, 1 3, 14. En- tries, 5. Error, 38. BILL OF EXCEPTIONS, 238. BILL OF MIDDLESEX. 1 . Not bailable. i \ 2. Indorfement thereon. ih. 3 . Alias or pluries bill of Middjefex not bailable. 12 4. Bailable. 31 5. Indorfement thereon. ib. 6. Alias or pluries bill of Middh/ex bailable. 33 7. Non omit t as bill of Middle/ex. ib. See Entries, i. Notices, 7. Prce- cipes, I, 2. 5. 7. CAPIAS AD RESPONDENDUM. l« Alias or pluries capias hy bill, not bailable. i \ 2. The like, bailable. 35 3. Non omittas capias bailable. 36 4. Capias ad refpondcjidum by origi- nal. 47 5. Indorfement thereon. ib, 6 Alias or pluries capias. 48 7. Tellatum capias. ib, 8. Non omittas capias. ib. See Capias fi laicus. Notices, q. Out- lawry, 10, II, 12, 13. Precipes, 4 9, 10. Returns, 3, 4, &c. CAPIAS INDEX. 56, CAPIAS AD SATISFACIEN- DUM . In affumpfit. 369 , To a county-palatine. 370 , In debt. ib. In covenant, cafe, replevin, tref- pafs, and ejedlnient. ih. 5. By or againlt furviving partners. ib. 6. By or againft executors or admi- nilirators. lb. Alias or Pluries, &c. 7. Alias or pluries capias ad fatisfa- ciendum. 373 8. N on omit t as capias ad J'atisfacien- dum. ib. 9. Tejlatum capias ad Jatisfaciendian. ib. 10. The like, to a county-palatine. 374 11. The like, from a county-pala- tine, ib. \1. The like, from one county-pala- tine to another. 375 For tks Residue 13. Writ of. 376 14. The like, to a county-palatine. 377 Against F.xecutors and Ad- mi KISTR ATORS. 15. Againft an executor or admini- ilrator, after ade^vci/ia'vit and return of ntdla bona to &Jieri facias de bo- nis propriis. 378 1 6 . Tejiatum capias adfatisfacieyidiim , in a fimilar cafe. 379 Ag ainst Bai l. 17. Againiibail to tlie aftion, in the King's Bench by bill, after default <) n J'cire facias . 4 1 5 l3. The like, after plea to afire facias. 4 1 6 1 9 . Te/latum capias ad fails faciendum againft bail to the aftion, in the King's Bench. 417 20. Againft bail in error on a recog- nizance taken in the Commijo Pleas. lb. 21. The like, on a recognizance taken in the King's Bench. 418 In Error. 22. After a nonpros or affirmance ia the King's Bench. 5:59 23. The like, in the Exchequer- chamber. 5^0 The like, in the Koufe of Lord?. H See Entriss, 14, 15 Pujfejftonem, 5. Outla'-j.ry Returns y 23, 24, 25. w. Habere Facias 26. CAPIAS SI LAlCUS Writ of, on a ftatute-merchant. 358 CASSETUR BILLA vel BREVE Entry of. 296 See Entries, 1 8. CERTIFICATE 1. Of counfe], on a petition to fue in forma pauperis. a 2. Of clerk in court, on proceedingst in outlawry. 64 3. Of gaoler, for the difcharge of a prifoner. 126 4. Of mafter, on the memorial of a judgment, 301 CERTIORARI 1. Toremoveacaufefrom anii^ferior court. ii3 2. To the mayor, ^r. of Lmdon to remove a bill, original, and attach- ment. 119 3. To the mayor, ^c. of Brifol, to remove all plaints and attach- ments, ib, 4. Toremove a plaint from the Com- mon Pleas z.t Lancafer. 120 5. To remove the irar.fcript of a judgment, ^c. on the ftatute 33 Geo. 3. c. 68. 121 6. For original writ. 492 7. Rule to return certiorari, ib. 8. Return thereto, tliat there is an original writ. ib, O a 9. For 562 INDEX. 9. For a warrant of attoi'ney. 494 10. Return thereto, that there is no warrant of attorney. 495 1 1. For a bili. 504 12. Return of a bill thereto. 505 13. For a bill and warrant of attor- ney, ib. li\. Return thereto, that there is no bill or warrant of atcoriicy. 506 See Error, 35. 46. Pracipes, 31,32. Procedendo, 4. CINQUE-PORTS. See Proce/s, 4. COGNOVIT ACTIONEM. 1 . ConfcfSon of the a£lion in ajju7np- ■fi^- ' . . ■ ^^.^ 2. The like, in debt. ib. 3. ThcWke, rcliild njerijicatione. ib. See Judg7ncnts, 17, l^c. 78. War- rant cf Attorney, 4. COMMITTITUR-PIECE. 125. See Entrie;, 9. CONSTABLE. See Demand, I • CONTINUANCES 1j By ^Icecovies non nnfit hre've. 39. 187. 552. 1. — imparlance. 174, 5 3. — cunu advifari fiilt. 185. 279. 5»»' 5»7'533-553'4 CORONER. See Proce/s, 2. Suggejiions, 7, 8, 9. CORPORATION. See Declaraiioii, 17. Original IVr it, 5- COSTS. See JJjida'viis, 10, il. 16, 17. Jlf- fidavits cf Debti 42. Habere Fa- cias PcJJeJJiomm, 4*5. judgments, 74. Kttices, 1 3 Outlui'jry, 19. i?^/c^-, 18. 23. Scire Fc-cias, 20. COUNTY-COURT Proceedings in, from levying the plaint to final judgment after ver- dift. 547 See Declaration, 22, COUNTY.PALATINE. See Attachment of Privilege , 4. Ca- pias ad Satisfaciendum^ 2. lO, II, 12.14. Declaration, 2. Entries', 15. i^;m Facias, 19. 34, 3^,36. 41.50. Habere Facias Pojfeffonem, 3. Inquiry t 2. "judgments, 53. Latitat, 4. Mittimus, 1, 2, 3> 4* Outla« Facias, i6,^c. Suggestions, I, 2, 3'4- DEBT. See Ac-etiam, 5 , 6, 7. Affidavits of Debt . Capias ad Sat i s feci end u?n, 5 . Declaration, II, 12. //m /"a- <-/aj, 7, 8. 38. Judgments. Ori- ginal VFrit, 3. Pojieas. Scire Facias, \A. DECLARA- INDEX. 563 DECLARATION. 1. Beginning of a declaration, where defendant is in cuflody of the flie- rifF. ., _ 123 2. The like, where he is in cuftody of the (herifFof a county-palacine. ib. g. The like, where he is in cuftody of the officer of a particular f ran- chife. 124 4. The likej againft two defendants, where one is in cuftody of the fhe- rifF, and the other of the marfhal. lb, 5. Beginning of a declaration, at tlie fuit of an attorney. 140 6. The like, by bill, in cafe or tref- pafs 7. The like, by an infant. 8. The like, in account. 9. annuity. 10. covenant. II. debt. 12. debt qui tarn, 13. — — detinue. 14. By original, in cafe. 15. by an infant. 16. againft a peer, or member of the Houfe of Commons. 17. againft a corporation 18. againft hundredors. 19. ■ in covenant. 20. in replevin. 21. in trefpafs. 142 ib. 143 lb. lb. ib. ib. ib. 14^ ib. ib. ib. 145 ib. ib. ib. 22. Beginning of a declaration in the county-court. So. 550 See Bill. Notices, 12,1 ■^. Rules, S. Scire Facias, 9, lO. 49, isfc. DEMAND 1. Onaconftable, of the perufal and copy of a warrant. 5 2. The like, on a gaoler. 6 3. Of plea. 148 4. Of 6)fr, by the defendant. 167 5. The like, by the plaintiff. ib. See Oi\i\r^ ^. Summons, 3. DEMURRER. Conclufion of demurrer-book. 185 Set Judgments. Rules, ly. DEMURRERS to EVIDENCE. 1. By the defendant, where the da- mages are afleffed conditionally. 236 2. Joinder in demurrer. 257 3. By the plaintiff, where the jury are dilcharged. ib, 4. Joinder in demurrer. 23S DETINUE. See Ac-etiam, 8. Affidavits of Debt, 55. Declaration, 13. Judgments, 46, 47. DEVASTAVIT. Sqc Affida'vits of Debt, 44. Capias ad Satisfaciendum, 15, 1 6. En- tries, 15. Fieri Facias, 45, 46, Returns, 21. Scire Facias, 130. DIRECTION OF PROCESS. See Procefs. DISCONTINUANCE. See Judgments, 63, 64. Rides, 144 DISTRINGAS 1 . On an original writ. 45 2. The like, againft a peer or mem -f ber of the Houfe of Commons. 46. 3. Alias ox pluries dijlringas. ib, iif. 'Tejlatum dijlringas. ib, 5. Aher a pcne upon a. recordari. 81 6. Againft a member of the Houfe of Commons, by bill. 86 7. Alias or pluries difringas, 87 8. Tejlatum di/lringas. ib, 9. Diflringas balli'vum. 107 10. Dijlringas juratores. 200 1 1. The like, on a trial by prsTjifc. 201 12. The like, where a view is to be had by a common jury. 203 O 2 13. Thtf 55+ 1 N D E )^. 13. The like, by a fpecinl jury. 204 14. Dijiringas niiper •vicecomitem, to expofe to (kle goods taken on a fieri facias in ajjumpfit. 3 40 15. The like, for part in debt, and fieri facias for the refidue. 341 See Entries, 8. Fracipcs, 1 8. Rules, 4- DOCJIET-PAPERS. 38. joi.iSS. E . EJECTMENT. See Capias ad Satisfaciendum, 4. F/Vrf Facias, <8. Habere Facias J-'D/JeJfionem. "Judgments, 13, 14. 30, 31. 48, 49. Pofieas, 23, 24, 25. 40. 5r;>(? Facias, 19. 5^f- <:;«/ Verdiil. ELEGIT 1. Writ of. 345 2. AwSrd of, on the roll. 349 3. Re-ekgit, 350 4. For the reiidue, after a /im facias. 351 See Inquifition, 2. ELISORS. See Suggefiions, 9. EL¥. See Prccrfs, 5. ENTRIES I. Of bill of MiddUfex, to fave the Itatute, and award of iz/V^j. 37 2f. Oi latitat f and award of ^*Vaj and ph.irics capias. 38 3. Of attachment of privilege. 41 ^. Of proccfs to outlawry, plea of no proclamation, and outlawry re- verfed thereupon. 70 5. Of a bill and proccfs again ft a member of the floufe of Com- Hions, to fave the llatute, 87 6. Of recognizance of bail, by bill. ^ a. 99 7. The like, by original. ib. 8. 0{ difiringas balli%>um, by origi- nal, log g. Of fo»?OT/////ar in execution. 126 10. Oi fieri facias, and award of alias. 310 I I . Of fieri facias de bonis ecclefiafii- cis, in debt. 350 12. Of 'venditioni exponas, and award o^ fieri facias for the refidue. 339 13 Oi retovfio hahcndo in replevin, on a nonpros for want of a declaration. 343 14. Ol capias ad fatisfaciendum, and award of teftatum. 371 15. Of Telurn oi de^afia'vit, upon a fieri facias de bonis tefiatoris, &c. to the county-palatine of Durham, and award of fieri facias de bonis propriis; and upon the return of part levied, award of capias ad fa- tisfaciendum for the refidue. 379 16. Of fatisfadtion. 393* 53^ 17. Of recognizance of bail, on er- ror from the Ring's Bench to the Exchequer-chamber. 477 18. Of ciiffetur bre%.'i', on a writ of error. 483. See J?fl//, 4. 10. i8. Elegit, 2. Er- ror, 3 5 . Iffues, 10, II. "Judg- Tnents. Rules, 16. Scire Facias, 12. 64. ERROR 1. Writ of, for reverfmg outlawry. 69 2. Aflignment of errors thereon. 70 3. Writ of, coram nobis. 468 4. The like, after an abatement of a former writ, 469 5. Rule of allowance, on a writ of error coram nobis. ih, 6. Writ of, from the Common Pleas to the King's Bench. 470 7; The like, in dQ\>t qui tarn. ib. 8. The like, from an inferior court to the King's Bench, 471 9. Writ index:. 565 9. Writ of, from the King's Bench to the Exchequei-chamber. 471 JO. The like, to the Houfe of Lords dircdly. 474 1 1 . The like, after affirmance in the King's Bv-'nch. ib. 12. The like, after affirmance in the Kxchequer- chamber. 471 13. Allovvanct; i)t writ of error. 476 14. Rule to certify the record, on error from the Common Pleas. 48 1 15. The like, on error from the King's Bench. ' ib. 16. Chief juftice's return, on error from the Common Pleas. 482 . 7. The like, on error from the King's Bi-nch to the Exchequer- chamber, ib 18. Brie to 2iV,X)t?LxXo fcire facial y in the Kirg's Bench. 484 19. Rule to alledge diminution, in the Exchiquer chamber ib. 20. Rule to affign errors, in the King's Bench. ib. 21. The like, in the Exchequer- chamber, ib. 22. Order to affign errors, in the Houfe of Lords. 485 23. Affignment of infancy in the defendant. ib, 24. Replication of full age. 486 25. Aihgnment of coverture in the defendant, at the time of bringing the action. ib. 26. Replication thereto. 487 27. Affignnienc of the death of the plaintiff befo.e trial, and award of J'cire facias to nis executors. ib. 28. The like, of the death of one of the defendants in the adion. 488 29. Replication thereto. 489 30. Rejoinder. ib. 31. Aflignment of general errors, in the King's Bench. 490 32. Affignment of the want of an original writ. ib. 33. The like, of a warrant of at- torney. 493 34. Joinder in error, in the King's Bench, 499 509 ib. 35. The like, after a rule given to return the certiorari, with an en- try of non mijit brevia. 500 36. Affij;nment of general errors, in the Exchequer-chamber. 502 37. Thi; like, on a judgment re- vived hy fcire facias. ib. 38. Affignment of the want of a bill and warrant of attorney. 503 39. Joinder in error, in the Exche- quer-chamber. 507 40 Affignmeiu of general errors, in the Houfe of Lods. ib. 4 I . The like, after affirmance in the Exchequer-chamber. ib. 42. Joinder in error, in the Houfe of Lords. 43. Iflue on error coram nobis. 44. The like, on error in law in the King's Bench. 510 45. The like, after a fcire facias quare executio,:cm non, 511 46. The like, after a certiorari, on error affigned for want of an ori- ginal writ 512 47 The like, after a certiorari, on error affigned for want of a war- rant of attorney. ib. 48. The like, after fcire feci re- turned, on a fcire facias ad audi- endum err ores. 513 49. The like, afcer two nihils re-> turned. 514. 50. The like, on error from the King's Bench to the Exchequer- chamber, ib, 51. Record of nif p-ius m error, on an ifTue in (at\. 518 See Capias ad Satisfaciendum, 20, 2 1 , 22,23,24. Certiorari, b, J, t^c. Entries, 17, 1 8. Fieri Facias, 5 \ , :; 2, Sifr. Judgments, 82, 83, or.- Petition, 7. Pleas .^ 3, 4« Pres- cipes,,z^, 29, 30. Reflitution. Rules, 25, 26. Scire Facias, 24.J EXCEPTIONS. See Bill of Exceptions, O 3 EXCISE- S66 INDEX. EXCISE-OFFICERS. See Notices, 5. EXECUTION. SeeCapias ad Satisfaciendum, Elegit. Entries, g, \o,i^c. Extent. Fieri \ Facias. Habere Facias Pojfejjionem Outlaivry, 26. Ret or no Habendo Returns, II, 12, ^V. Sequejira iion. Statute-merchant . Statute jiaple% Venditioni Exponas. EXECUTORS AND ADMI- NISTRATORS. See Ac-etiam, i, z. Afidanjits of Debt, 44. 53, 54. Capias ad Sa- tisfaciendum, 15, 16. Entries, i^. Error, 27, Fieri Facias, 3, 4, 5, 6. 10.45,46. judgments, 8. 18, 19, 20. 25, 26, 27, 28. 41. 44. 81. Fofteas, 10, II. 31, 32. Returns, 20, 2 1 . Scire Facias, 3 1 . 36, 37, 38. 41, 42,43,44.47.53. EXIGI FACIAS. See Judgments, ^^. Outlaiury, EXTENT r. Agalnfl. an heir, upon a fpecial judgment. 356 2. The like, on a general judg- ment. 357 3. On a (latute-merchant. 359 4. On a Jtatute-Ilaple, 360 5. Immediate extent for the king*s debt, on a judgment of the Ex- chequer, 362 (). The like, for a bond-debt. 363 7. Extent in aid. 366 See Capias fi Laicus. Inquiftion, 3. Liberate. Returns, 22. Superfe- (ieas, 8. F FALSE-JUDGMENT 1. Writ of. 5. For Defendant. 23. On a nonp'os, for not declaring OQ INDEX. 567 on a bill of Middle/ex or latitat, &c. 3 I I 24. The like, by original. 31? 25. The like, for not replying, ib. 26. Tlie like, for not furrejoining ib. 27. The like, for not entering the iflue. ib 28. On a judgment as in cafe of a nonfuit. 3 1 3 29. On a nonfuit. ib. 30. On a verdid for defendant, ib. Alias or Pluries, &c. 3 1 . v^//flj or pluries fieri facias. 3 1 S 3 2 . A^is;/ omittas fieri facias . 319 3 3 . Tejlatum fieri facias y in afump - fit. ib. 34. The like, intoa county-palatine. 3;. The like, from a county-pala- tine. 322 36. The like, from one county-pala- tine to another, 323 For the Rssipue. 37. Fieri facias for the refidue, in ajumpfit. _ 324 38. The like, in debt. 325 39. Tefiatiim fieri facias for the re- fidue. 326 40. The like, where part had bten levied upon a tejlatum to a former fheriff, 327 41. The like, where the teftatums iffued into a couQty-palatine. 328 Against beneficed Clerks, 42. De bonis ecclefinfiiciSjinAehx, 329 43. Tefiatufii fieri facias for tYiQ re- fidue, de bonis ecclefafticis. 332 44. Fieri facias to the archbilhop, de bonis ecclefafiicis, during the va- cancy of a biftiop's fee. 333 Against Execxjtors, &c. de bonis propriis. 45. Againft an executor or admi- niftrator de bonis propriis, after a return of dcvajla'vit, ^3^ 46. The like, after a de'vafiaruit re- turned on a fefi at urn ftri facias. 337 Against Bail. 47. Againlt bail to the aftion, in the Kind's Bench by bill, after default on fare facias. 4 1 o >8. rhe like, after plea to a fcire facias. 411 49. refiatum fieri facias againft bail to the adion, in the King's Bench by bill. ib, 50. The like, from one county-pa- latiae to another, after a. former tejlatum. 412 51. Againft bail to the adlion in the Common Pleas, upon an award of execution, removed into the King's Bench by writ of error. 413 52. The like, againft bail in error, on a recognizance taken in the Common Pleas. 414 53. The like, on a recognizance taken in the Kirjg's Bench. 4I5 In Error. -4. After nonpros or affirmance in the King's Bench. 53X 55. The like, for the damages and cofts in error only. 535 56. After 7ionpros or affirmance in the Exchequer-chamber. ib» 57. The like, after an aflion on the judgment, and a writ of error thereon. 536 58. The like, for the damages and cofts in error only. 53^ 59. The like, after a nonpros or af- firmance in the Houfc of Lords. 539 See Capias ad Satisfaciendum, 13, 1 4, 15, 16, Difiringas, 15. Elegit, a^. Entries, 1.0, ll, 12. 15. Habere Facias PoJJcJfionem^ 4. Returnst II, 12, &c. G GAOLER. See Certificate, 3. Demand, 2. Pri" fofiers, 2. O04 GUAR- 568 INDEX. GUARDIAN. See Prochein ami. Rules ^ 2, H HABEAS CORPUS J. Ca»i<.vja/^> to do and receive, ^r. no 2. Jd refpondendum. 1 1 1 2. The like, licet lavgutdus. ib. 4. Ad fpA'tsfaciendum, 112 5. Ad teftificandum. 210 6. Direction of, to the marfhal, 112 7. warden of the Fleet, ih. 8. mayor'scourtof LoWo;/. y^. - (herifF'scourtof I,&«^o«.ii3 - county- court. ib. - marfhalfea. ib. - borough court of South- -•wark, ib. 13. JVhitechapel couxt. ib. 14, Abingdon. ib. J 5. other places, ib. 114, 15, 16. See Affidavits, I5. Sail, 21, 22. Procedendo, 3. Returns j 8. ^a- perfedeas, 4. HABERE FACIAS FOSSES- SIONEM Writ of, in ejeftment. 352 The like, on a double demife. 3^3 The like, toacounty-palatine. 354 The like, and feri facias for cofts. ib. The like, and capias ad fatisfa- 'denJum for colls. 355 mPARLANCE. See Continuances, 2. IJj'ues, 2. Judg7nents, 2. INFANT. See Affida'vits, I. Declaration, I 5. Error, 23, 24. chein ami. Petition, I Rules, I, 2, Pro- 9- 10. 1 1. 12. HEIRS, See Extent, 1,2 yudgm-ents, 45. HE RS AND TERTENANTS. See Returns, 3Q, 31. 5c;>^ Facias, 45,46,47. 53. 56. HUNDREDORS. See Declaration, 1 8. Original Writ, INQUIRY Writ of, by bill. 157 The like, into a county-palatine. Writ of, by original. 1 59 The like by bill, in debt on bond, to afTefs damages on the ftatute Zl^ gW. III. c. vi, § 8. ib. 5. The like, in debt on articles of agreement. 164 6. Writ of, on the ftatute 17 Car. II. f. 7. §2. upon a judgment in re- plevin, for wantofadeclaration. 162 7. The like, upon a judgment for want of a plea in bar. 163 See Judgments. Notices, 24, 25, l^c. Retorno Habendo, 3. Rules, 10. Sa>g Facias, 30. Subpcena, I, z. INQUISITION On a fpecia! crz/ZaJ uilagatum. ^5 On an ^/^^;V. 347 On an e tent for the king. 564 On zfcire fieri inquiry. 456 INSOLVENT-DEBTORS. Notice by infolvent, of intention to petition on the lords'- ach. , Schedule. 384 . Affidavit to be annexed to notice and ichedule. S^^S The like, of fervice of notice and fchedule. ib^ . Affidavit of gaoler's fignature of certificate, 3^7 6. The INDEX. 569 6. The like, of fervlce of rule. 387 7. Note for payment of allowance. 38S 8. Notice on compulfive claufe, to prifoner. ib. 9. The like, to other creditors. 32, 3. 5. LORDS'-ACT. See In/olvent-Dehtors. M MANDAVI BALLtVO. S?e Rctuyns, 10. 13. 16. 25. MEMBERS OF THE HOUSE of COMMONS. See Declaration, 16. Diftringas, 2. 6. Entries,^, Original M^'rit, /\., Summcns, 1 . MEMORANDUM. 6ee Warrant of Attorney, 1,2.4. MEMORIAL. See Judgments, 94. MITTIMUS 1. Award of, to the county-palatine q{ Lin: after. I 77 2, The like, to the city of C;&^?f/-. 178 3. Mittimus to the county-palatine of Lancafier. 204. 4. The like, where a view is to be had. 205 5 . Mittimus to the city oiChefer. 206 MOTIONS. ^CQ Notices, 15, 16, S^fc, N NIL DIGIT. See Judgment s, NISI PRIUS RECORD. See Record ofNif Prius. NOLLE PROSEQUI. See Judgments, 31. 65, 66. NON OMITTAS. See Bill of Middlefex, 7. Capias ad Refpondendum, 3. 8. Capias ad Satisfaciendufn, 8. i^zm Facias, 32. Precipes, 7. 10. NONPROS. See Entries, 13. i^/m Facias, 24, 25, ^'c. 54, 55, ^c. Judgments, 50, 51, ^ff. 82, 83, ^r. Retarnci Habendo. Scire Facias, 28. NONSUIT. See /Affidavits, 12,1^. Fieri Facias, 28, 29. 'Judgments, 62. Notices ^ 22. Pojieas, 25. 27. Rules, 20. NON SUMINFORMATUS. See Judgments, 15, 16. NOTICES Of Action I.' To a juftice, by the/- 6. The like, in the county-palatine of Chejler. 222 7. The like, in the city of Chefnr. 223 8. On non ajfumpjit by one of icvcral defendants, where another has lee judgment g bv default. 224 9. O non a/jumpjit infra fexannos. 225 10. Againlt an xecutor, on «*;; of- fumpjit by the teftator. ib^ 11. Gn plene adminijlra'vit . ii, 12. On nil debet. 226 13. On non tjt fa£lum, ii. (4 Onfohjit ad diem. ib. Is. On an indemnity-bond, where damages are afieffed on the Itatute 8 esf 9 IV. m. f. II. ib. 16. On a penal-liatute, where part is found 'or the defondant. 227 17. On not guilty, in cafe. ib, 18. On non cepit, in replevin. 22S 19. On not guilty, in trefpafs. ib. 20. On feveral ifl'ues, in trelpafs and afiault. - ih, 21. On not guilty to a new aflign- ment, where feveral iffues arei found for the defendant. ibt 22. The liKe, where one defendant is found guilty, and another ac- quitted. 229 23. On not guilty, in ej^^ftment. 230 24. The like, where part is found for the plaintifF, and part for tiid defendant. ib. 25. The like on a nonfuit, for not confeffing leafe, entry and oufter. ib. z6- Pojlea, where a juror is with- drawn. ' 23 E For the Defsndant. 27. On a nonfait. ih* 28. On a verdid on non ajfumpjtt . ib. 29. The like, where one defe-ndanc hadletjuugment go by default, z-^z 30. On a plea of let-off. ib. 31. For an execu;or, on non eiffump' fit by the teilator. ib^ 32. On plcne adminijlra-'vit, ib, 33. On nil debet. ib^ 34. On ^7^ INDEX. 34 Ox\ 72011 eft faSiu}}!. 235 35. On tiie liatute of ufury, and ior the plaintiff on non eft fail um. ib. 36. On not gulUy, in cafe. ib. 37. In replevin, on feveraliffues. ib. 38. On the fiatute 17 Car. 11. c. 7. 35. On not guilty, in tiefpafs. ib. 40. In ejedment. ib. See Special Verdi£l, PRECIPES 1. For bill GtMiddkjex, not bailable. ! 1 2. — Jlias or plurieshWlon^liddle/ex , ib. 3. — Lark at, not bailable. 12 ij.. — - Alias ox pluries caputs, not bail- able. 13 5. — Bailable bill of ilf/^^/^/-v. 30 (5. — .'////2j or planes bill of Middle/ex, bailable. 33 ^. — //c^^ OOT////^ibiII of Middle/ex. ib. 8. — bailable latitat. 34 5. — ^iA'/3jor//«r/fj f.'?//^^',b.iilable. JO^ — A'ff«C7«//7flj-f«//'a;. bailable. 30 1 II. — Z,fl/;Va/intoacounty -paialine. } ^ 12. — Attachment of privih'gc, not bailable. 13. The like, brllable._ 14. For orig.nal writ, in cafe 15. The like, in covenant. 16. The like, in debt, 17. For writ of fum.iior,s aoainft a member oi the Houiii of Com- mons. 85 18. — Diftringas agsinfl fame. 87 19. — Appearance, by oiigina). 91 20. — Habeas corpus cum caujd. I lO 21. — Habeas corpus ad Jatisf sci- endum. I J I 22. — Super/edeas. i^S 23. — 6\fi^^*t?«rt, on a writ of inquiry. 1(:4. The like, on a trial. 207 For habeas corpus adteftijicandum 209 — Scire facias, agajr.fl bail. 394 9 24. 26. 27. The like, on judgmehts. 4!?? 28. For writ of error fcr^7««o^V. 468 29. The like, from the Com*non Pleas to the King's Bench. 469 30. The like, from the King's Bench to the Exchequer-chani)ber. 471 3 1 . For certiorari for original writ, 491 32. The like, for warrant of attor- ney. 494 PRISONERS. !. AfSdavit of the delivery of copy of declaration. 125 2. The like, of gaoler's fignature to certiiicate, for the difcharge of a prifoner. 127 3. The like, of fervice and attend- ance on fummons (or fummonfes) for a prifpner's difcharge. ib See Bill, 3, 4. Certificate, 3. De- claraticn^ l, 2, 3, 4. Entries, 9. Habeas Corpus. In/olvent-Debtors, Rules, 7. Super/cdeas, 4, 5, 6, 7. PRIVILEGE I. Writ of, for an attorney to be freeof fuits in a foreign court. 137 The like, to difcharg ♦ him frpm an oHice. 139 See Attachment »/ Privilege, PROCEDENDO 1. Writ of, where a recordari facias loquelam is not returned. 83 2. I'he like, on an accedas ad curiam* 3. The liivC, on habeas corpus, 117 4. The like, or. a certiorari to the mayor's court oi London, 122 PROCESS 1. Dire£lion of, to the fherifF or fheiiifs of a city, or town and county. 13 2. The like, to the coroner. ib. 3. to a cour.ty-palaune. ib. 14 4. to tiie cinque ports. ib. .;, ■ to the Ifle of £/>!. ib. 6. io'Beri'jicL ib' See Affidavits, 5. PROCHEIN INDEX, 577 PROCHEIN-AMI J. Confent of, for infant to fue by him. 7 2. General admiffion to profecuce and defend, ^c. 8 See j^ffida-viis, I . Petition^ 1 . Rules, I. PROCLAMATION. See EntrieSy 4. Outlawry , 3, 4,^, 6. PROVISO. SqC Dijlri/igas, II. ^«/ifj, ip. Q. QUAKER. See jfjirmalion. Attorniest ^» R RECOGNIZANCES of BAIL. See Bail, 3. 22. 26. Entries, 6, 7. 17. iSc/W Facias, 1,2, Sifr. RECORD OF NISI PRIUS. 197. See Error, 51. RECORDARI FACIAS LO- QUELAM 1. By the plaintiff in replevin. 79 2. By the defendant. i6. 3. Return thereto. 80 See Diftringas, 5. Pont, 3. Proce- dindo, I. REGISTERING JUDGMENTS. Ste Jffidaijits, 18. Certijicatt, ^. Judgments, 94, RELICT A VERIFICATION E. See Cogno'vit ALlionem, 3, Judg- ment Sy 2?. 29. 34. REMITTITUR. See Judgments, 6. 13. 24. 30. 91. 93. RENDER. See J5<»/7, 1 8, 1 9, 20. Super/edeas, 4. REPLEVIN. ^ee Declaration, 20. Entries, 13. F/m Facias, 15. Inquiry, 6, 7. Judgments, 56, 57, 58, 59. 72, Powf, 1, 2. Pofteas, 1 8. 37, 38. Recordari Facias Loquelam. Re^ iorno Habendo. Scire Facias, 17. RESCUE. See Returns, 6. RESPONDEAT-OUSTER. See Judgments, 35. RESTITUTION 1. Writ of, after a judgment re- verfed in the King's Bench. 543 2. The like, after a judgment re- verfed in the Exchequer- chamber. 544 See Scire Facias, 60, 6i. RETORNO HABENDO 1. In replevin, on a nonpros for want of a declaration. 342 2. The like, on a nonpros for want of a plea in bar. 343 3. The like, and writ of inquiry of damages. ii. See Entries, 13, RETURNS Of mesne Process. 1. JVyi*;/ to attachment, on a plaint in trefpafs. 1 1 2. Attachment to a fone by original. 45 3. Noa efi ina^nfus. 1 04 P p 4i C//> 57^ INDEX. 4. Cepi corpus et parafumhcheo. 104 5. Cept corpus as to one c'jfendant, and /w« ^'5 inventus as to another. 6. Rcfcue. 7^. 7. Dlfcharge on/uper/edeas. ib. 8. Delivery over on habeas corpus. io6 ^. Lnnguidns in prifona. ib. 10. ManJu'vi balli-vo, &C. 107 Of final Process. 1 1 . Nulla bona. 3 1 3 12. i^iVr/' Feci. ib. 13. Tlie like^ upon a 7nandaf Facias, 64. rule;s '. For the admiflion of a prochein ami to profecute. 8 2. The like, of a guardian to de- fend, ib, 3. For the fale ofiiTues upon writ3 of difringas, 47 4. For the allowance of bail. 99 q. On {heriiF to return writ. 104 6. The like, to bring in the body. 109 7. On the marfhal, to acknowledge defendant in his cuftody. 125 8. For time or further time to de- clare. ' 142 9. To plead. 148 ro. Forjudgment on inquiry. 166 11. To change venue. 168 12. For bringing nioney into court, ib,. 13. To reply. 171 14. To difcontinue. ib. 15. I'o return paper-book. 186 16. To enter ifl'ue. ib. 17. The like, on demurrer. ib, 18. For payment of coils, for not proceeding to trial. 193 19. For trial hy pro-vifo. 194 zo. For judgment as in cafe of a nonfuit. 195 2 1. For a view by a common jury, 20« 22. The like, by afpecial jury. 203 23. To be prefent at taxing cofls. 241 24. To appear in fcire facias. 404. 459 35. foJF INDEX. 579 25. For conciliur?:, in the King's Bench. 515 26, p'or computing intereft, on an afiirmance in the Exchequer- chamber. 528 See JJida-vits of Dtbt, 43. Bail, 17. 24. Certiorari, 7. Error, 5. 14, 15. l3, 19, 20, 21. SATISFACTION. 6atisfa£lion-plece. 393 ^cc Entries, 16. Warrant of At tor- t:ej, 5, SCIENDUM. 198. SCIRE FACIAS AGAINST Bail. 1; On a recognizance by bill. 394 2. The like, by original. ^96 3. On a recognizance taken before a commiilioner. 398 4. On a recogniizance taken before a judge, on error from the Com- mon Pleas to the King's Bench. .399 5. The like, oh error from the King's Bench to the Exchequer-Cham- ber. 4C0 6. The like, where the recognizance was taken in court. 403 7. Alias fcire facias. ib. 8. Note of appearance. 407 g. Declaration vn fcire facias againft bail, upon the return o\ fcire feci. ib. JO. The like, upon two nihils re- turned, ib. 1 1. liTue \r\ fcire facias againft bail. . 40S 12. Entry of iflue,?hd award of exe- cution after verdict. 4C9 Oh J u d g m e n ts 418 420 lb. 421 ib. ib. 13. \rx affumfylt , 14. In debt. 15. In covenant. 16. Ill cafe. 17. In replevin. 18. In trefpafs. 19 In ejeftni'jnt, by original. ib, 20. For the defendant, forcoris. 423 21. l,Toa county-palatine. 424 22. After a former revival. ib, 23. Alias fcire facias . 45^ Pending Error, 24. On a judgment cf the Commori Pleas. 425 25. On error from an inferior court. 426 After Affirmance, i^c. z6. On a judgmetit of the Common Pleas, afiiimed in the King's Bench. ^2.6 27. The like, aftir a judgment of the King's Bench, afhrmed in the Exchequer-chamber. 427 28. 1 he like, after a nonpros on a wiic cf falfe-judgmenc. 429 For Melters arifng afer Judgment, 29. On theS &9 /e Houfe of Commons. 86 2. To flay proceedings, on payment of debt and cofls. 149 SUGGESTIONS OF Deaths. I. Of the death of one of the plain- ' tiffs, after the ifTuing of the or;- j. 3. For particulars of the plaintiff"'s demand. 167 See Order, 2, 3. Vracipes, 17. Pri/oners, 3, SUPERSEDEAS I . For not declaring upon a latitat. 128 2. The 5«* i N D E Xi, 2. The like, by orig'nal. 129 3. For not proceeding to trial or final judgment. ib. 4. The like, to the warden of the Fleet, where the prifoner had rendered himfelf in difcKarge of his bail in the King's Bench, and was removed to the Fleet by ha- beas corpus. 130 r. For not charging the defendant in execution. ib. 6. Upon the defendant's putting in good bail. 131 7. The like, where the defendant is in cuftody of themarfhal. ib. g. Upon an extent in aid. 368 See Ouilanvry, 23,24. PracipestZZ. Returns, 7* SURVIVORSHIP. See Jffida-vits of Debt ,47.52. Ca- pias ad Satisfaciendum, 5. Fieri facias, g. Scire Facias^ 39, 40. 46. T TERMS AND RETURNS Table of. IS TERM'S NOTICE. See Notices, 14. 27. 35. 42. TESTATUM. See Capias ad Refpondendum , 7, Ca- pias ad Satisfaciendum, 9, 10, II, 12. 16. 19. Dijiringas, 4. 8. Entries, 14. Fieri Facias, ■^1, ^4^, &c. 39,40, 41. 43. 49. SO- TRIAL. See Jffidanjits, 10. 14. Notices, 30, 31, cic. Rules, i8, IQ.' Sub- pcsna, 3, 4, 5. Suggeftions, lO. U UNICA TAXATIO. 176. V VENDITIONI EXPONAS 1 . Writ of. 338 2. The like for part, zndi feri facias for the refidue. ib^ See Dijiringas, 14, 15. Entries, 12. Outlaivry, t <;, 16. VENIRE FACIAS 1. Award of, by bill. 173 2. The like, by original, J74 3. Award of, where there are feve- ral ifiues in faft. 175 4. The like, where there are feveral ifTues in fact and in law. ib. 5 . The like, where there are feveral defendants who plead leparacely. 176 6. Award of, to the fnenfF of the next Englip county , where the ve- nue is laid in Wales. 183 7. The like, where the venue is laid in Bernxjick upon Tiveed. ih, 8. Writ of. 199 9. The like, where one defendant pleads, and another lets judgment go by default. ib^ 10. The like, where there are feve- ral ifTues in fad and in law, and the jury are to affefs contingent damages on the latter. 200 1 1. Venire de novo. ib. See Continuances, I. Mittimus.,' Suggefions, 5, 6, &C. VENUE. See Jpdavits, 8. Rules, II. Sug'^' gejiions, ic. Venire Facias, 6, 7* VERDICT. , See Fojleas, Special Verdid. VIEW. See Dijiringas, 12, 13. Mittimus, \^ Rules, Zl, 22, WALES. INDEX. 5«3 w WALES. (See 'Judgment s^ 7 3 . Venire Facias > 6 . WARRANT To arreft. 89 See Demand, 1,2. QutJawry, 2 1 . WARRANT OF ATTORNEY. I . Memorandum of warrant for plain- tiff. 10 ^, The like> for defendant. 91 3. Warrant of attorney to confefs judgment. 150 4. Memorandum of warrant on a cogno'vit adicncm, SiC. 155 5. Warrant of attorney to acknow- ledge fatisfadtion. 392 6. Entrie3 of warrants of attorney. 186, 243. 251, 254. 257. 276, 286,7, 8, 9, 290. 469. 519. See Jffidarvits, 6. Certiorari, 9, IQ« 13, 14. £n-or, 33.38. 47. WITNESSES. See Afidanjits, 14, 15. Habeas Ccr* pusy 5. Interrogatories, NoticiSt 23. &ubpcsna% 'HE END, Lately publifhed by the fame AUTHOR, 1. The PRACTICE of the COURT of KING's BENCH in PERSONAL ACTIONS. Second Edition, correded and enlarged. In 2 Vols. 8vo. Price il. 4s. bound. 2. The LAW of COSTS in CIVIL ACTIONS. 8vo. Price ^s. 6d. Boards. Frinted for E, andR. Brooke and J. 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