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upon which the said judgment of outlawry was pronounced, and from thence continually afterwards until the time of pronouncing the said judgment of outlawry, and afterwards, was in parts beyond the seas, to wit, at the city of Madrid, in the kingdom of Spain; and this the said C. D. is ready to verify : wherefore he prays judgment, and that the said judgment of outlawry so against him the said C. D. in form aforesaid pronounced, may be reversed, annulled, and altogether holden for nought, and that he the said C. D. may be restored to all things which he hath lost by occasion of the judgment aforesaid, &c.

24. Rule to plead thereto, see ante, 145, No. 14.

ats.

25. Plea to the first Assignment. In the Q. B. (or “ C. P.”]

On the day of, A, D. A. B. And hereupon the said d. B. by P. A. his attorney, freely,

here in court comes and says, that by reason of any thing C. D. above for error assigned, the judgment aforesaid ought not to and wife. be revoked, annulled, or held for nothing: because he says In error.

that the said E., at the time of the commencement of the suit aforesaid, was not nor is covert of the said C. D. in manner and form as the said C. D. and E. have above alleged; and of this he the said A. B. puts himself upon the country, &c.

[See 1 Chit. Ar. Pr. 393.]

, A.D.

ats.

26. Pleas to the last Assignment. In the Q. B. (or “ C. P.”]

On the

day of 4. B.

And hereupon comes the said A. B. by P. A. his attorney,

and says that the judgment of outlawry aforesaid, by reason C. D. of any thing above for error assigned, ought not to be revoked, In error. ) annulled, or holden for nought; because he says that the said C. D. before and at the time of awarding and issuing the writ of exigi facias aforesaid, or from thence until the time of pronouncing the judgment of outlawry aforesaid, was not in parts beyond seas, in manner and form as the said 'C. D. hath above in that behalf alleged; and of this he the said A. B. puts himself upon the country, &c.

27. Entry of the Proceedings thereon upon the Roll. [Proceed as in the entry, ante, 145, to the end of the writ, then add the assignment of errors, the plea thereto, the similiter, and the award of the venire, as unte, 44. It is questionable whether this entry is necessary.]

28. The Issue thereon. [The issue is a copy of the judgment roll and subsequent entries, including the award of the venire. "See i Chit. Ar. Pr. 393.]

29. Notice of Trial thereon. [The notice of trial is the same as in ordinary cases ; see ante, 50.]

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30. The Nisi Prius Record thereon. [ This will be nearly in the usual form us those unte, 66, &c. entering the writ of error, assignment, &c. to the award of venire, inclusive, as in the issue ; and, lastly, the juratu. But in the jurata substituting the words * of a plea of error in fact,” for “ in an action of trespass," &c.]

[See 1 Chit. Ar. Pr. 394.]

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31. Jury Process thereon. [The jury process will be the same as in ordinary cases ; see ante, 68, &c. mutatis mutundis, and vide the preceding observation.]

32. The Postea thereon. [This will be the same as in ordinary cases, see ante, 92, &c. with the finding of the affirmative or negative of the matter put in issue.]

33. The Judgment thereon. [The form of the judgment will be the same as those unte, 132, &c.]

34. Erecution, Restitution, &c. thereon. [For the forms of writs of execution, see ante, 122, 124, und for those writs of restitution, 8c. see ante, 125, &c.]

SECTION IV.

EXECUTION.

1. Fieri Facius, 148 to 180.
2. Elegit, 180 to 190.
3. Lerari Facius, 190.
4. Capius ad Satisfaciendum, 190 to 200.
5. Execution, for Defendant, 201 to 203.

I. Fieni Facias. 1. Fi.fa. for Plaintiff in Assumpsit, in Q. B. or C.P.(a). Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of -, greeting (b): We command you that of the goods and chattels of C. D. in your bailiwick (c) you cause to be made £- which A. B. lately in our

(a) See 5 Bing. N. C.366.

(b) See as to the different directions of writs, ante, 20, n. (a).

(c) Supposing the property to be in a district or place, parcel of one county, but wholly situate within and

court before us (or in C. P.“ before our justices of the bench") at Westminster, recovered against him for his damages which he had sustained as well on occasion of the not performing certain promises and undertakings then lately made by the said C. D. to the said A. B., as for bis costs and charges by him about his suit in that behalf expended, whereof the said C. D. is convicted, as appears to us of record, [orin C. P.omit the words, " as appears to us of record,"] together with interest upon the said sum of £— at the rate of four pounds per centum per annum from the day of

-(a), in the year of our Lord -, on which day the judgment aforesaid was entered up, and have that money, with such interest as aforesaid, before us (or in C. P.“ before our said justices”) at Westminster, immediately after the execution thereof, to be rendered to the said A. B. for his damages and interest as aforesaid, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf, and in what manner you shall have executed this our writ make appear to us (or in C. P." to our said justices"] at Westminster immediately after the execution thereof, and have there then this writ. Witness (name of chief justice), at Westminster, on the day of —, in the year of our Lord 1840.

Indorse it thus: Levy the whole (or 'levy £-] and interest at £t per cent. from -, 1840, besides sheriff's poundage, officers' fees, and all other incidental expenses.” And when the writ is issued out of the Queen's Bench, also indorse on it: “ The defendant is a stailor) and resides at (No. — street.] P. A. [Temple), plaintiff's attorney. - 1840.]

[See 1 Chit. Ar. Pr. 419.]

2. The like, in Erchequer. Victoria [&c. as ante, 148,] to the sheriff of -, greeting: We command you, that you omit not by reason of any liberty of your county, but that you enter the same and cause to be made of the goods and chattels in your bailiwick of C. D. the sum of £- which in our court before the barons of our Exchequer at Westminster were awarded to A. B. for his damages which he sustained as well on occasion of not performing certain promises and undertakings (or " a certain promise and undertaking," as in the judgment), made by the said C. D. to the said A. B. as for his costs and charges by him about his suit in that behalf expended, whereof the said C. D. is convicted, as by inspecting the rolls of our said Exchequer appears to us; together with interest upon the said sum of £-, at the rate of £4 per centum per annum, from the

day of

-(a), in the year of our Lord on which day the judgment aforesaid was entered up; and have you that money, with such interest as aforesaid, before the barons of our Exchequer at Westminster immediately after the

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surrounded by another, the sheriff of the county may be commanded that be cause to be made of the goods and chattels of C. D. in his bailiwick, or within any district or place which is wholly situate within and surrounded by the county of —;" or if the writ be directed to the sheriff of the surrounding county," within any district or place which is wholly situate

within and surrounded by your county.”

(a) The day on which the judgment was entered up, or if entered up prior to the 1st October, 1838, say * from the 1st day of October, in the year of our Lord 1838,” omitting the words "on which day the judgment aforesaid was entered up.”

)

execution hereof (a) (or “on - -"], to be then and there paid to the said A. B. or his attorney on his behalf, for his damages and interest as aforesaid, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to our said barons at Westminster immediately after the execution thereof, and have you there this writ. Witness (name of chief baron), at Westminster, the day of —, in the year of our Lord

Indorse it thus: Levy the whole, and interest at £4 per cent. from

-, 1840, (or levy L-'] besides sheriff's poundage, officers' fees, and all other incidental expenses.”

“ The within writ was issued on the day of 1810, by A. A. of attorney for the within-named plaintiff.”

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3. Fi. fa. for Plaintiff in Debt in Q. B. or C. P. Victoria [&c. as ante, 148,] to the sheriff of greeting: We command you that of the goods and chattels in your bailiwick of C. D. you cause to be made as well a certain debt of £— which A. B. lately recovered against him in our court before us [or in C. P. “ before our justices”] at Westminster, as also £- which in our same court were awarded to the said A. B. for his damages which he sustained, as well on occasion of detaining the said debt as for his costs and charges (6) by him about his suit in that behalf expended; whereof the said C. D. is convicted, as appears to us of record, (or in C.P. omit “as appears to us of record,"] together with interest upon the said several sums of £—and £- at the rate of £4 per centum per annum, from the - day of

(c) A.D. -, on which day the judgment aforesaid was entered up, and have

you

that money, with such interest as aforesaid, before us (or in C. P. “ before our justices”) at Westminster, immediately after the execution hereof (or “ on – -"], to render unto the said A. B. for his debt and damages and interest aforesaid, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us (or in C. P.to our said justices”) at Westminster immediately after the execution hereof, and have you there then (or in C. P. omit the word “then”] this writ. Witness- -(name of chief justice), at Westminster, the -day of —, in the year of our Lord

[Indorse the writ as directed with respect to the fi. fa. ante, 149.]

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4. The like, in Exchequer. Victoria [&c. as ante, 148, No.1,] to the sheriff of -, greeting: We command you, that you omit not by reason of any liberty of your county, but that you enter the same, and cause to be made of the goods and chattels within your bailiwick of C. D. as well a certain debt of — which A. B. lately in our court, before the barons of our Exchequer at Westminster, recovered against him, as also £- which in our same

(a) The 3 & 4 Will. 4, c. 67, s. 2, allows the writ to be returnable immediately after the execution of it. You may still, however, make it returnable on a particular day, and, it

should seem, whether that day be in
term or vacation.

(b) See Phillips v. Bacon, 9 East,
298.

(c) See note (a), last page.

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court were awarded to the said A. B. for his damages which he sustained as well on occasion of detaining the said debt, as for his costs and charges by him about his suit in that behalf expended, whereof the said C. D. is convicted, as by inspecting the rolls of our said Exchequer appears to us, together with interest upon the said several sums of 2- and £from the day of -(a), A. D. on which day the judgment aforesaid was entered up: And have that money, with such interest as aforesaid, before the barons of our said Exchequer immediately after the execution hereof (or “on -"], to be then and there paid to the said A. B. or his attorney in this behalf

, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf: and in what manner you shall have executed this our writ make appear to the said barons at Westminster immediately after the execution thereof, and have there this writ. Witness

(name of chief baron), at Westminster, the - day of —, in the year of our Lord

[Indorse it as directed with respect to the fi. fa. ante, 150, No. 2.]

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5. The like, in Debt qui tam, in Q. B., C. P., or Erch. Victoria [&c., as ante, 148, No. 1,] to the sheriff of greeting : We command you, that of the goods and chattels of C. D. in your bailiwick, you cause to be made a certain debt of £—, which A. B., who sued as well for us as for himself in that behalf, lately in our court before us for in C. P. “ before our justices,” or in Erch." before the barons of our Exchequer"], at Westminster, recovered against the said C. D., that is to say, one moiety thereof to our own proper use, and the other moiety thereof to the said A. B., who sued as aforesaid, to his own proper use, (and if the judgment was for costs, add “and also £-, which in our said court were adjudged to the said A. B., who sued as aforesaid and with his assent, according to the form of the statute in such case made and provided, for his costs and charges by him about his suit in that behalf expended”], whereof the said C. D. is convicted, as appears to us of record, (or in C.P. omit the words “appears to us of record.” or in Exch. substitute as by inspecting the rolls of our Exchequer appears”], together with interest upon the said several sum[s] of £-, (and £-] at the rate of £4 per centum per annum from the

(a), A. D. --, on which day the judgment aforesaid was entered up, and have that money with such interest as aforesaid before us (or in C. P. “ before our justices,or in Exch. " before the barons of our Exchequer”) at Westminster, immediately after the execution hereof, (or “on

"] one moiety thereof to be rendered to us and the other moiety thereof to the said A. B. who sued as aforesaid (or, if there are costs, “one moiety of the said debt of £—and interest to be rendered to us, and the residue thereof and interest, ' as well as the said sum of £for the costs and charges aforesaid, to the said A. B., who sued as aforesaid”]; and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf : and in what manner you shall have executed this our writ make appear to us (or in C. P. " to our justices," or in Erch. to the barons of our Exchequer,"] at Westminster, immediately after the execution thereof, and have there then [or in C. P. omit the word " then") this

day of

(a) See page 149, n. (a).

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