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in our Court of to the said action, and that in default of so doing such proceedings may be had and taken as are mentioned in the warning written or indorsed hereon. And we do further command you, that immediately after the execution hereof you do return this writ to our said Court of , together with the manner in which you shall have executed the same, and the day of the execution thereof; or if the same shall remain unexecuted, then that you do so return the same at the expiration of one calendar month from the date hereof, or sooner if you shall be thereto required by order of the said Court or by any judge thereof. Witat Westminster, [or as the case day of

ness

may be,] the

Memorandum to be subscribed to the Writ.

This writ is to be executed within one calendar month from the date thereof, including the day of such date, and not afterwards.

A Warning to the Defendant.

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.

Indorsements to be made on the Writ.

Bail for

pounds by order of [naming

the judge making the order,] dated this

day of

This writ was issued by E. F. of attorney for the plaintiff [or plaintiffs] within named.

Or,

This writ was issued in person by the plaintiff within named, who resides at [mention the city, town, or parish, and also the name of the hamlet, street, and number of the house of the plaintiff's residence, if any such there be.]

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construction and extent of, 184

remedies, authorities, and provisions of, to apply to Courts
of Lancaster and Durham, 69, 71

to extend to cases now of record in Insolvent Debtors'
Court, 132

ACT OF BANKRUPTCY, what constitutes in lieu of lying
in prison on arrest, 17

filing petition for discharge, to be, 92

ACTIONS, in what, arrest in allowed, 1, 3, 9

personal, to be commenced by writ of summons, 3
must be commenced before a capias can be obtained, 8
alterations of practice as to proceedings after arrest, 4
by assignees of insolvent, not to abate, &c. 107
by sheriff, on bills, &c. taken in execution, 43

against commissioners, assignees, &c. for any thing done
under the act, 88, 96

against insolvent after discharge, 155
ADJOURNMENT of sittings of Court, 80

of hearing, 138

of Court on circuit, when commissioner does not arrive, 82
ADJUDICATION, order of, 141, 142, 143

to what debts to extend, 142

order of need not specify debts, 148

may be conditional, 149

to be final, unless obtained on false evidence, &c. 161

ADVOWSONS, judgment, a charge on, in equity, 46
not extendible at law, 28

purchaser of, without notice of judgment, protected, 51
AFFIDAVIT, to found application for order to hold to bail,
must be entitled in cause, 8

by whom made, 9

must not be sworn before plaintiff's attorney, id.

must state facts, as well as allege belief, id.

by prisoner to obtain discharge on 1st of October, 16
of debt, to found act of bankruptcy, 17

AFFIDAVIT-(continued.)

by assignees of insolvent, verifying accounts, 125

of creditors in opposition to discharge, when received, 139
ALIENS, act to extend to, 184

ALLOWANCE may be made to insolvent before adjudication,
for support, and expense of making out schedule, &c. 96
by detaining creditors after adjudication, 150

to assignees for trouble, &c. 97

ANNUITIES, belonging to insolvent, how to be disposed of,

100

payable by him, to be valued, 145

government, may be charged by order of judge, 52

ARREST, on mesne process, abolished, except in certain

cases, 1

cannot be had in action in any inferior Court, 1, 3

nor without order of a judge, 1, 7

how to be effected when defendant in prison of Court, 10
ASSIGNEES OF INSOLVENT DEBTORS,

appointment and removal of, 97, 130

need not be creditors, 97

remuneration to, id.

how proved, 98, 131

property to vest in by appointment, without conveyance,
97, 131

duties of, as to disposal of property, 99, 100, 104, 111
filing accounts, 125

accounts of, how investigated, 128

may be charged with interest on money retained, not ex-
ceeding 20 per cent. 129

may execute powers vested in insolvents, 102

not empowered to dispose of estates tail, 103

may sue in their own names, make composition, &c. 105
death or removal of, not to abate suits, 107

may obtain a sequestration, 108

have no priority therein over a judgment creditor, 37, 49,

109

not entitled to pay, pension, &c. of insolvent, 109

ATTACHMENT, persons imprisoned under, for non-payment

of money, costs, &c. may petition and be brought up for
discharge to Insolvent Debtors' Court, 34, 36

persons committed under, not entitled to discharge on 1st
of October, 16

ATTENDANT TERM, bound by judgment, 32

ATTORNEYS OF INSOLVENT DEBTORS' COURT,
admission of, 181

persons practising without admission, guilty of contempt, id.

B.

BAIL to sheriff, and special, to be given as before, 14
deposit of money in lieu of, id.

proceedings not now delayed for want of putting in, 4
not waived by declaring absolutely, id.

recognizance of, in Common Pleas, binds lands from date of
caption, 66

may procure exoneretur on and after 1st October, 16
insolvent may procure discharge from custody before adju-
dication, on giving, 91

BAIL-BOND, when proceedings may be taken on, 4
BANK NOTES may be taken in execution, 42
BANKRUPTCY, act of, how constituted in lieu of lying in
prison on arrest, 17

filing petition, an act of, 92

effect of, where estates vested in provisional assignee, 93
Insolvent Debtors' Court to proceed notwithstanding, id.
within a year after date of judgment, defeats the charge in
equity, 47

judgment creditor cannot extend the lands after, 30

but

may hold them if elegit executed before, 48

orders in, to have the effect of judgments, 59

Court of, to issue writs of execution, 69

BILLS OF EXCHANGE, bonds, &c. may be taken in exe-
cution, 42

id.

sheriff to sue in his own name,
not compelled to sue on without in-
demnity, id.

BOOKS, power of Insolvent Debtors' Court to compel produc-

tion of, 77

punishment of insolvent for withholding, falsifying, &c.

143

C.

CAPIAS, Writ of, issued before 1st October, may be served
afterwards, but not executed, 2

action commenced by, must be continued by, id.

no action can be commenced by, after 30th September, 3
cannot issue out of any inferior Court, 1, 3

but may out of Courts of Lancaster and Durham, 71
cannot issue without judge's order, 7, 71

order for, how and when obtained, 7, 8

issuing out of Courts at Westminster cannot be executed in
counties palatine, unless indorsed for bail in 50l. 3

how to be executed when defendant in prison of Court, 10

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