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No. IV.

2 W. 4, c. 39.

the

Indorsement to be made on the Writ after Service thereof.

This writ was served by me X. Y. on

day of

18

on

X. Y.

No. 2.

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To the sheriff of

greeting:

We command you, that you omit not by reason of any liberty in your bailiwick, but that you enter the same, and distrain upon the goods and chattels of C. D. for the sum of forty shillings, in order to compel his to answer A. B. in a plea of trespass appearance in our court of on the case [or debt, or as the case may be]; and how you shall execute this our writ you make known to us in our said court on the day of

now next ensuing.

Witness

at Westminster the

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day of

Notice to be subscribed to the foregoing Writ.

In the court of

Between

A. B. Plaintiff
and
C. D. Defendant.

Mr. C. D. Take notice, that I have this day distrained upon your goods and chattels in the sum of forty shillings, in consequence of your not having appeared in the said court to answer to the said A. B., according to the day exigency of a writ of summons bearing teste on the of ; and that in default of your appearance to the present writ within eight days inclusive after the return hereof, the said A. B. will cause an appearance to be entered for you, and proceed thereon to judgment and execution, or [if the defendant be subject to outlawry] will cause proceedings to be taken to outlaw you.

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We command you [or as before or often, we have commanded you],

that you omit not by reason of any liberty in your bailiwick, but that you enter the same, and take C. D. of

No. IV.

if he shall 2 W. 4, c. 39.

be found in your bailiwick, and him safely keep until he shall have given
you bail or made deposit with you according to law in an action on pro-
mises [or of debt, etc.], at the suit of A. B., or until the said C. D. shall
by other lawful means be discharged from your custody. And we do
further command you, that on execution hereof you do deliver a copy
hereof to the said C. D. And we hereby require the said C. D. to take
notice, that within eight days after execution hereof on him, inclusive of
the day of such execution, he should cause special bail to be put in for
him in our court of
to the said action, and that in
default of his so doing such proceedings may be had and taken as are
mentioned in the warning hereunder written or indorsed hereon. And
we do further command you the said sheriff, that immediately after the
execution hereof you do return this writ to our said court, together with
the manner in which you shall have executed the same, and the day of
the execution hereof; or that if the same shall remain unexecuted, then
that you do so return the same at the expiration of four calendar months
from the date hereof, or sooner if you shall be thereto required by order
of the said court or by any judge thereof.

Witness

at Westminster the

day of

Memoranda to be subscribed to the Writ.

N. B. This writ is to be executed within four calendar months from the date thereof, including the day of such date, and not afterwards.

A Warning to the Defendant.

1. If a defendant, being in custody, shall be detained on this writ, or if a defendant, being arrested thereon, shall go to prison for want of bail, the plaintiff may declare against any such defendant before the end of the term next after such detainer or arrest, and proceed thereon to judgment and execution.

2. If a defendant, being arrested on this writ, shall have made a deposit of money according to the statute 7 & 8 G. 4, c. 71, and shall omit to enter a common appearance to the action, the plaintiff will be at liberty to enter a common appearance for the defendant, and proceed thereon to judgment and execution.

3. If a defendant, having given bail on the arrest, shall omit to put in special bail as required, the plaintiff may proceed against the sheriff or on the bail bond.

4. If a defendant, having been served only with this writ, and not arrested thereon, shall not enter a common appearance within eight days after such service, the plaintiff may enter a common appearance for such defendant, and proceed thereon to judgment and execution.

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This writ was issued in person by the plaintiff within named, who

resides at

[mention the city, town, or parish, and also

No. IV.

2 W. 4, c. 39. the name of the hamlet, street, and number of the house of the plaintiff's residence, if any such there be.]

No. 5.

Writ of Detainer.

WILLIAM the Fourth, etc.

To the Marshal of the Marshalsea of Our Court before Us [or To the
Warden of our Prison of the Fleet].

We command you, that you detain C. D. if he shall be found in your
custody at the delivery hereof to you, and him safely keep in an action
on promises [or of debt, etc., as the case may be], at the suit of A. B.,
until he shall be lawfully discharged from your custody. And we do
further command you, that on receipt hereof you do warn the said C. D.,
by serving a copy hereof on him, that within eight days after service of
such copy, inclusive of the day of such service, he do cause special
bail to be put in for him in our court of
to the said action;

and that in default of his so doing the said A. B. may declare against him before the end of the term next after his detainer, and proceed thereon to judgment and execution. And we do further command you the said [marshal or warden, as the case may be], that immediately after the service hereof you do return this our writ, or a copy hereof, to our said court, together with the day of the service hereof.

Witness

at Westminster the

day of

N. B.-This Writ is to be indorsed in the same Manner as the Writ of
Capias, but not to contain the Warning on that Writ.

[No. V.] 2 W. 4. c. 43.-An Act to continue until the First day of March 1836, an Act of the Ninth Year of His late Majesty for the Relief of Insolvent Debtors in India.

[No. VI.] 2 W. IV. c. 44.-An Act to continue for Three Years, and to amend the Laws for the Relief of Insolvent Debtors in England. [6th June 1832.] 7 G. 4, c. 57. WHEREAS an act was passed in the seventh year of his late Majesty king George the Fourth, intituled An Act to amend and consolidate the Laws for the Relief of Insolvent Debtors in England: And whereas a 1 W. 4, c. 38. certain other act was passed in the first year of his present Majesty, intituled An Act to continue and amend the Laws for the Relief of Insolvent Debtors in England, whereby, amongst other things thereby enacted, the said first-mentioned act was continued for a certain time therein mentioned: and whereas it is expedient to continue the said acts; be it therefore enacted by, &c., that the said acts shall be and the same are hereby continued.

Recited acts continued. Assignees not required to execute counterpart of conveyances, but provisional as

signee to execute them in duplicate.

II. And whereas it is by the said first-recited act enacted, that a counterpart of every conveyance and assignment by the provisional assignee of the court for relief of insolvent debtors to the other assignees therein mentioned, shall be filed of record in the said court: and whereas the requiring such counterpart has been productive of delay and inconvenience; be it therefore enacted, That from and after the passing of this act the said assignees shall not be required to execute

No. VI.

such counterpart as aforesaid, but that in lieu thereof the said provisional assignee shall execute every such conveyance and assignment as afore- 2 W. 4, c. 44. said in duplicate, and that one part of such conveyance and assignment so executed by such provisional assignee shall be filed of record in the said court; and that a copy of any such record so made and so purporting to be certified and sealed as by the said first-recited act is directed for evidence of the records therein mentioned in that behalf, shall be recognized and received as sufficient evidence of such conveyance and assignment so to be executed as aforesaid, and of title under the same, as fully and effectually in every respect as the said records are required te be recognized and received by the provisions of the said first-recited act, to all intents and purposes.

III. That the said court shall and may, from time to time as occasion Examiners may shall require, appoint examiners for the purposes of the said recited acts be appointed in and of this act within the counties of Middlesex and Surrey, and the London as well city of London and borough of Southwark, as well as within the other as in the parts of England, as directed by the said first-recited act; and that the county. said court may order references in pursuance of the said recited acts to be made to any such examiner, or to an officer of the said court, as shall appear most expedient; and that all things shall and may be done in pursuance of a reference made to such examiner as may be done in pursuance of a reference to an officer of the said court according to the provisions of the said first-recited act.

V. That the said recited acts and this act shall continue in force Duration of until the first day of June one thousand eight hundred and thirty-five, acts. and from thence until the end of the then next session of parliament.

[No. VII.] 3 & 4 W. IV. c. 67.-An Act to amend an Act of the Second Year of His present Majesty, for the Uniformity of Process in Personal Actions in His Majesty's Courts of Law at Westminster. [28th August 1833.]

WHEREAS by an act passed in the second year of his Majesty's reign 2 W. 4, c. 39. intituled An Act for Uniformity of Process in Personal Actions in His Majesty's Courts of Law at Westminster, it is enacted, that the process in certain actions therein mentioned shall be according to the form contained in a schedule to the said act annexed, and shall be called a writ of summons, and that such writ shall be issued by the officer of the said courts respectively by whom process serviceable in the county therein mentioned hath been heretofore issued from such court: and whereas since the commencement of the said act the writ of summons, and other writs mentioned therein, issued into the county of Middlesex, have been issued, signed, and sealed by the signer of the bills of Middlesex in the king's bench, whilst such writs into all other counties and cities have been issued and signed by a different officer, and have been sealed by the sealer of the writs, under and by virtue of an order of the judges of the said court: and whereas it is expedient that all writs issued into the county of Middlesex from the court of king's bench should be signed and sealed by the same persons and in like manner as all other writs issued from the said court into other counties and cities: be it therefore enacted, &c., That so much of the said act passed in the second year of Part of recited his Majesty's reign as provides that the writ of summons therein men- act repealed. tioned shall be issued by the officer of the said courts respectively by whom process serviceable in the county therein mentioned hath been

heretofore issued from such court, shall be and the same is hereby re- Writs of sumpealed and that from and after the passing of this act, all writs of sum- mons, distrin

No. VII.

mons, distringas, capias, and detainer, issued into the county of Middle3 & 4 W. 4, sex from the court of king's bench, shall be signed, sealed, and issued, c. 67. and the fees thereon shall be taken and accounted for, by the same person or persons and in like manner as all other writs of summons, gas, &c. issued dristringas, capias, or detainer, issued from the said court of king's into Middlesex, bench, under and by virtue of the said recited act; any law, custom, or to be signed usage to the contrary notwithstanding.

and fees accounted for in like manner as writs under recited act.

writs.

Teste and reII. And whereas by the existing law, and the practice of the said courts turn of certain of common law, actions may be brought and issues proceed to trial and final judgment, in vacation, notwithstanding the cause of action may have arisen subsequent to the then preceding term, and jury process of writs of execution are now by law tested in term time only; be it therefore enacted, That from and after the passing of this act the writ of venire facias juratores may be tested on the day on which the same shall be issued, and be made returnable forthwith, and that the writ of distringas juratores or habeas corpora juratorum may be tested in term or vacation on a day subsequent to the teste of the writ venire facias juratores, and that all writs of execution may be tested on the day which the same are issued, and be made returnable immediately after execution thereof: provided always, that when any trial is to be had at bar, the writ of venire facias juratores shall be made returnable as heretofore.

1 & 2 G. 4. c. 59.

1 & 2 W. 4,

c. 31.

Recited acts continued in force for one year.

[No. VIII.] 4 & 5 W. IV. c. 56.-An Act to continue for
One Year, and from thence to the End of the then next
Session of Parliament, the Acts for the Relief of Insolvent
Debtors in Ireland.
[13th August 1834.]
WHEREAS an act was passed in the session of parliament holden in
the first and second years of the reign of his late Majesty king
George the fourth, intituled An Act for the Relief of Insolvent Debtors
in Ireland, to continue in force for a certain time therein limited; and
the said act was amended by another act passed in the third year of the
same reign; and both the said acts were continued by another act made
in the seventh and eighth years of the same reign: And whereas another
act was made in the tenth year of the same reign, whereby the said re-
cited acts of the first and second and third years of the same reign were
amended and further continued; and the same, so amended, were by
an act made in the first year of his present Majesty's reign further con-
tinued; and the same, so amended, were by another act made in the
second year of his present Majesty's reign further continued until the
end of this present session of parliament: And whereas by an act made
in the first and second years of the reign of his present Majesty, intituled
An Act to improve the Administration of Justice in Ireland, certain provi-
sions of the said recited act of the first and second years of the reign of
his late Majesty were repealed, and certain other provisions were made,
and certain persons declared, in certain cases therein specified, to be
entitled to the benefit of the acts for the relief of insolvent debtors in
Ireland: And whereas it is expedient that the said acts for the relief of in-
solvent debtors should be further continued: Be it therefore enacted, &c.
That the said recited act of the first and second years of the reign of his
late Majesty, as the same is amended by the said recited acts of the third
and tenth years of the same reign, and save and except as any provisions
thereof may be repealed, or other provisions substituted therefore, by the
said recited act of the first and second years of his present Majesty's
reign, shall be continued; and the said recited acts of the first and
second, third, and tenth years of the reign of his late Majesty, and such
parts of the said recited act of the first and second year of the reign of

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