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writ. Witness (name of chief justice, or in Exch. 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, 149.}

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Fi. fa. for Plaintiff in Covenant. [Same as in the fi. fa. in assumpsit, ante, 148, 149, Nos. 1, 2, ercept that instead of the words “ on occasion of not performing certain promises and undertakings made by the said C. D. to the said A. B.say on occasion of the breach of a certain covenant (or certain covenants”) made by the said C. D. to the said A. B."]

7. Fi. fa, and Distringas for Plaintiff in Detinue in Q. B. or C. P. Victoria [&c. as ante, 148, No. 1,] 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 the sum of £--, which in our court before us (or in C. P.“ before our justices") at Westminster were awarded to A. B. for his damages which he sustained, as well on occasion of the detaining certain goods and chattels (or deeds and writings, &c." as in the judgment] of the said A. B. by the said C. D. as 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 “as appears to us of record,"] together with interest upon the said sum of £--, at the rate of £4 per centum per annum from the day of (a), on which day the judgment aforesaid was entered up, and have you that money before us (or in C. P. “ before our justices”) at Westminster, immediately after the execution hereof (or “on -"], to render to the said A.B. for his said damages and interest, 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”) at Westminster, immediately after the execution thereof. We also command you, that you distrain the said C. D. by all his lands and chattels in your bailiwick, so that neither the said C. D. nor any one for him, do lay hands on the same, until you shall have another command from us in that behalf, and that you answer to us for the issues of the same, so that the said C. D. render to the said A. B. the said goods and chattels [deeds and writings], that is to say [&c. here enumerate the goods, &c. us in the judgment], or the sum of £ for the value of the same; whereof the said C. D. is also convicted, as appears to us of record (or in C. P. omit

as appears to us of record”]: And in what manner you shall have executed this part of our command make appear to us (or in C. P. "to our justices”) at Westminster, immediately after the execution hereof (or “on the same day above written"), and have you there then (or in C. P. omit the word "then"] this writ. Witness (name of chief justice), at Westminster, the

-, in the year of our Lord Indorse it thus : “ Levy under the within Fieri Facias £-, and interest at £4 per cent. from -, 1839, besides sheriff's poundage, officers' fees, and all other incidental expenses. (In the Queen's Bench add, “ The defendant is a stailor] and resides at [No.

Street.) P. A. [Temple), plaintiff's attorney.")

66

day of

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

8. The like, in E.rchequer. 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 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 the detaining of certain goods and chattels (or “deeds and writings, &c. as in the judgment) of the said A. B. by the said C. D. 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 L4 per centum per annum, from the

day of

(a), on which day the judgment aforesaid was entered up, and have you that money before the barons of our Exchequer at Westminster, immediately after the execution hereof (or “on — 5"] to be then and there paid to the said A. B. or his attorney in this behalf: We also command you

that you distrain the said C. D. by all his lands and chattels in your bailiwick, so that neither he the said C. D., nor any one for him, do lay hands on the same until you shall have another command from us in that behalf, and that you answer to us for the issues of the same, so that the said C. D. render to the said A. B. the said goods and chattels [deeds and writings], that is to say, [&c. enumerate the goods, &c. as in the judgment,] or the sum of £- for the value of the same, whereof the said Č. D. is also convicted, as by inspecting the rolls of our said Exchequer appears to us; and in what manner you shall execute this part of our command make appear to the barons of our Exchequer immediately after the execution hereof (or “on the same day above written,"] and that you do all such things as by the statute passed in the second year of our reign you are authorised and required to do in this behalf: and in what manner you shall have executed this our writ make appear to the barons of our said Exchequer at Westminster, immediately after the execution thereof, and have you there this writ. Witness (name of chief baron), at Westminster, the

in the

year of our reign. (Indorse it as directed, ante, 150, No. 2.]

- day of

9. Fi. fa. for Plaintiff, in Case or Trover. [Same as the fi. fa. in assumpsit, ante, 148, 119, No. 1, 2, except that instead of the words “on occasion of not performing certain promises and undertakings made by the said C. D. to the said A. B." suy

" on occasion of a certain grievance (or 'grievances') then lately committed by the said C. D. to the said A. B."]

10. Fi. fa. for Plaintiff, in Trespass. [Same as the fi. fa. in assumpsit, ante, 148, 149, No. 1, 2, except that instead of the words “on occasion of not performing certain promises and undertakings made by the said C. D. 10 the said A. B.”

suy sion of a certain trespass (or certain trespasses') then lately committed by the said C. D. to the said A. B."]

6
on occa-

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

11. Fi. fa. where one Issue is found for Plaintiff and another for

Defendant. [Same as in ordinary cases where the judgment is for the plaintiff only.]

12. Fi. fa. where one Defendant is found guilty and another acquitted.

[If the execution be for the plaintiff it is the same as in ordinary cases, where there is a verdict for plaintiff only; and if it be for the defendant, it is the same as in ordinary cases, where there is a verdict for the defendant only.]

13. Fi. fa. in Assumpsit, by and against surviving Partners. Victoria [&c. as ante, 148, No. 1,] to the sheriff of greeting : We command you, that of the goods and chattels of E. F. in your bailiwick, you cause to be made £- which A. B. and C. D. in the lifetime of the said C. D. now deceased, and whom the said A. B. hath survived, lately in our court before us (or in C. P." before our justices," or in the Exchequer, “ before the barons of our Exchequer"] at Westminster, recovered against the said E. F. and one G. H. (the deceased partner) in his life-time now deceased, and whom the said E. F. hath survived, for their damages [&c. stating the promises to have been made by all the defendants, and to all the plaintiffs, and that the plaintiffs or defendants, according to the fact, were all of them convicted :] And have that money [&c. conclude as ante, 149, No. 1, in the Queen's Bench or Common Pleus, or as ante, 150, No. 2, in the Exchequer; stating that the damages are to be rendered or paid to the survivor, 8c.]

14. The like, in Debt. Victoria [&c. as ante, 148, No. 1,] to the sheriff of greeting : We command you, that of the goods and chattels of G. H. and I. K. in your bailiwick, you cause to be made a certain debt of £-, which A. B., C. D., and E. F., in the life-time of the said E. F. now deceased, and whom the said A. B. and C. D. have survived, lately in our court before us [or, in C. P. “before our justices," or, in the Erchequer, “before the barons of our Exchequer,"] at Westminster, recovered against the said G. H. and I. K. and L. M, in his life-time, now deceased, and whom the said G. H. and I. K. have survived, and also £, which in our same court before us (or in C. P." before our said justices,” or in Exch. “ before our said barons") at Westminster, aforesaid, were adjudged to the said A. B., C. D., and E. F., for their damages, [&c. as ante, 150, No. 3, 4,] whereof (&c. us ante, 149, No. 1.) And have that money [&c. as ante, 150, No. 3, in the Q. B. or C. P. or, as ante, 150, No. 4, in the Exchequer.]

15. Fieri facias in Q. B. or C. P. in Vacation on Verdict for Plaintiff,

the Judge having certified, under 1 Will. 4, c. 7, sect. 2, that such Writ ought to issue immediately. Victoria (&c. as ante, 148, No. 1,) to the sheriff of greeting : Whereas, at the assizes (or " at the sittings”] holden at in and for the county (or "city"] of —, on the

day of

instant (or “ last") a certain action upon promises (or as the action was), wherein A. B. was plaintiff and C. D. was defendant, came on for trial at nisi prius before the Honourable one of the justices of her majesty's Court of Queen's Bench (or if a judge of C. P. say one of the justices of her majesty's Court of Common Pleas," or if a buron of the Exch. say, “one or the barons of her majesty's Court of Exchequer,"] at Westminster, upon which the jury found a verdict for the plaintiff

, for the sum of £— and costs; and thereupon the said judge (or “baron") according to the form of the statute in such case made and provided, certified on the back of the record, that in his opinion execution ought to issue in the said action forth with for the whole of the said sum found by the said verdict [let this be according to the terms of the certificate] (a) and judgment was thereupon on the

day of

instant (or “ last") duly signed and recovered by the said A. B. against the said C. D. in the said action, for the sum of £- damages (or in debt say, "debt and damages"] whereof the said C. D. is convicted. Therefore we command you, that of the goods and chattels of the said C. D. in your bailiwick you cause to be made the said sum of £-, together with interest upon that sum at the rate of £4 per centum per annum from the day of

A. D. on which day the judgment aforesaid was entered up, and that you have that money before us (or in C. P.“ before our justices”) at Westminster, immediately after the execution hereof (or "on —"], to be rendered to the said A. B. for his damages (or in debt say, "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 authorised 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") at Westminster, immediately after the execution thereof, and have 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 it as directed with respect to the fi. fa. ante, 149.]

(See 1 Chit. Ar. Pr. 553.]

16. The like, in Erchequer. [Same as last to the asterisk®, and then thus :) Therefore 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 of the said C. D. in your bailiwick, the said sum of £% together with interest on that sum at the rate of £4 per centum per annum from the day of — A.D. on which day the judgment aforesaid was entered up, and that you have that money before the barons of our Exchequer, at Westminster, immediately after the execution hereof (or "on

—"] to be paid to the said A. B. or his attorney in his behalf

, and that you do all such things as by the statute passed in the second year of our reign you are authorised and required to do in this behalf: and in what manner you shall have executed this our writ make appear to the barons of our Exchequer 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.]

(a) See the form of the certificate, ante, 101.

17. Fi. fa. for Plaintiff in Assumpsit, in R. B. or C. P., after a Levy

of Part.

Victoria [&c. as ante, 148, No. 1.] to the sheriff of greeting: Whereas by our writ we lately commanded you that you should cause to be made of the goods and chattels in your bailiwick of C. D. the sum of [&c. as in the fi

. fa. ante, 148, No. 1, to the words] whereof the said C. D. was convicted, as appeared to us of record (or in C. P. omit the words "

as appeared to us of record"] together with interest [&c. as in the fi. fa. ante, 148, No. 1,) and that you should have that money before [&c. as in the fi. fu. ante, 148, No. 1,) and that you should do all such things [&c. as in ine fi. . ante, 148, No. 1,) and that you should have there then (or in C. P. omit the word " then"] that writ

. And you on (or " at that day"] return to us (or in C. P.“ to our justices,"] at Westminster aforesaid, that by virtue of the said writ you had caused to be made of the goods and chattels of the said C. D. £- parcel of the damages and interest aforesaid, which said money you had ready at the time (or “ day") and place in the said writ contained, as by the said writ you were commanded; and that the C. D. had not any other or more goods or chattels, money, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, in your bailiwick, whereof you could cause to be made the residue of the said damages and interest, or any part thereof, according to the exigency of that writ*, [let this agree with the return.] Therefore we command you, that you cause to be made of the goods and chattels in your bailiwick of the said C. D. the sum of £- residue of the damages aforesaid; together with interest upon the said sum of £- [&c. conclude as in the fi

. fa. ante, 149, No. 1.] [Indorse it as directed, with respect to the fi. fa. ante, 149.]

[See 1 Chit. Ar. Pr. 438.]

on

18. The like, in E.rchequer. Victoria [&c. as ante, 148, No. 1,] to the sheriff of - greeting: Whereas by our writ we lately commanded you that you should not omit by reason of any liberty of your county, but that you should enter the same and cause to be made of the goods and chattels in your bailiwick of C. D. the sum of [&c. us in the fi. ja. ante, 149, No. 2, to the words ] whereof the said C. D. was convicted, as by inspecting the rolls of our said Exchequer appeared to us, together with interest [&c. as in the fi. fa. ante, 149, No. 2,] and that you should have that money before the barons of our Exchequer, at Westminster, immediately after the execution thereof, [or

,"] to be then and there paid to the said A. B. or his attorney in that behalf

, and that you should do all such things [&c. as in the fi. fa. unte, 149, No. 2,) and that you should have there that writ. And you on

Çor “ at that day,"] returned to the barons of our Exchequer, at Westminster, that by virtue of the said writ you had caused to be made of the said goods and chattels of the said C. D. £parcel of the damages and interest aforesaid, which said money you had ready at the day and place in the said writ contained, as by the said writ you were commanded; and that the said C. D. had not any other or more goods or chattels, inoney, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, in your bailiwick, whereof you could cause to be made the residue of the said damages and interest, or any part thereof, according the exigency of that writ, [let this agree with the return.] Therefore we command you that you onnit

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