This writ was issued in person by A. B. 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]. 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 appearance in our Court of to answer A. B. in a plea of trespass 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 Witness in the day of now next ensuing. at Westminster the year of our reign. day of 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 exigency of a writ of summons bearing teste on the day 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. No. 3. ALIAS AND PLURIES WRITS. By R. M. 3 Wm. 4, it is ordered, That the alias or pluries writ of summons, into another county, shall be in the following form: in the county of [original county]. We command you, as before [or often] we have commanded you, &c. [as in the writ of summons, No. 1, in the schedule of the said act]. The day of day of in the year of our Lord 18 A. B. by X. Y. his attorney, complains of to Wit. C. D., who has been summoned to answer the said A. B. in an action on promises for that, whereas the said C. D. heretofore to wit on the in the year of our Lord 18 was indebted to the said A. B. in £100 for money then lent by the said A. B. to the said C. D. at his request, and in £100 for money found to be due from the said C. D. to the said A. B. on an account then stated between them, and whereas the said C. D. afterwards on the day and year aforesaid, in consideration of the premises respectively promised the said A. B. to pay the said several monies respectively to the said A. B. on request. Yet the said C. D. hath disregarded his promises, and hath not paid any of the said monies or any part thereof, to the damage of the said A. B. of £200, and thereupon he brings his suit, &c. PLEAS. Non Assumpsit and Statute of Limitations. In the Queen's Bench. The C. D. ats. A. B. day of } in the year of our Lord 18 And the said C. D. by P. Q. his attorney, in manner and form as the said A. B. hath above thereof complained against him, and of this he put himself upon the country, &c. And for a further plea in this behalf the said C. D. saith that the said several causes of action in the declaration mentioned, did not nor did either of them accrue to the said A. B. within six years before the commencement of the suit of the said A. B. against him the said C. D. in this behalf, in manner and form as the said A. B. hath above thereof complained against him, and this he the said C. D. is ready to verify, &c. REPLICATION. In the Queen's Bench. The A. B. v. day of , in the year of our Lord 18 And the said A. B. as to the plea by the said C. D. C. D. firstly above pleaded, and whereof the said C. D. hath put himself upon the country, doth the like, &c. And the said A. B. as to the plea by the said C. D. secondly above pleaded, saith, that he the said A. B. at the time when the several causes of action in the declaration mentioned, and each of them did accrue to him the said A. B. was in parts beyond the seas, to wit in France, and that he the said A. B. afterwards to wit on, &c. returned from the said parts beyond the seas, into this kingdom, which said return was the first return of him, the said A. B. into this kingdom, from the said parts beyond the seas, after the accruing of the said causes of action and each of them to the said A. B. and that he, the said A. B. commenced this action against the said C. D. within six years after his the said A. B.'s first return into this kingdom from parts beyond the seas, after the accruing of the said several causes of action, or any of them, to him the said A. B., and this he is ready to verify, &c. REJOINDER. In the Queen's Bench. The C. D. ats. day of in the year of our Lord 18 And the said C. D. as the said plea by the A. B. said A. B. secondly in replying pleaded, saith that he, the said A. B. did not commence his said action against him the said C. D. within six years after his the said A. B.'s said first return into this kingdom from parts beyond the seas, in manner and form as the said A. B. hath in his said plea by him in replying secondly above pleaded alleged, and of this he the said C. D. puts himself upon the country, &c. SURREJOINDER. In the Queen's Bench. The A. B. v. day of } in the year of our Lord 18 And the said A. B. as to the said rejoinder C. D. of the said C. D., whereof the said C. D. hath put himself upon the country, doth the like, &c. |