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his attorney in that behalf."] And you on - [or “ at that day "] returned to us (or in C. P. " to our justices,” or in Erchequer, " to our barons,"] at Westminster aforesaid, that by virtue of the said writ to you directed, you had, by another writ under the seal of our said county palatine, duly made and directed to the sheriff of the said county palatine, commanded the said sheriff as by the first-mentioned writ you were commanded*; and which said sheriff, in answer to the said writ so directed to him as aforesaid, had returned to you that had taken goods and chattels of the said C. D. to the value of the damages (or " debt and damages") and interest therein mentioned, which goods and chattels remained in his hands for want of buyers, and that therefore you could not have that money before us (or in Č. P." before our said justices," or in Erchequer, " before our said barons,"] at the time (or “ day") and place in the said first-mentioned writ contained, as you were thereby commanded. Therefore we, being desirous that the said A. B. should be satisfied his damages (or " debt and damages”) and interest aforesaid, command you that by our writ, under the seal of our said county palatine, to be duly made, and to be directed to the said sheriff of our said county palatine, you cause the said sheriff to be commanded that he expose to sale and sell, or cause to be sold, the said goods and chattels of the said C. D. so by him taken as aforesaid, for the best price he can get for the same, and at least for the damages (or debt and damages"] and interest aforesaid; and have the money arising from such sale before us, (or in C.P.“ before our justices," or in Exchequer, “ before our barons”,) at Westminster, immediately after the execution hereof (or “ on -"], to render unto the said A. B. for his damages (or "debt and damages"] and interest aforesaid, (or in Exchequer, to be then and there paid to the said A. B. or his attorney in this behalf,"] and have you there then (or in C. P. or in Erchequer omit the word then”] this writ. Witness (name of chief justice or chief baron), at Westminster, the

day of in the year of our Lord

[See 1 Chit. Ar. Pr. 436.]

9

40. L'enditioni Exponus to a County Palatine (a) after a Levy of Part,

and Fi. Fa. for the Residue. (Sume as in the preceding form to the asterisk®, and then thus :) And which said sheriff, in answer to the said writ so directed to him as aforesaid, had returned to you that he had taken goods and chattels of the said C. D. to the value of (£100] parcel of the damages therein mentioned, which goods and chattels remained in his hands for want of buyers, and that therefore he could not have that money before us, (or in C. P. " before our justices," or in Erchequer, “ before our barons,"] at the time (or * day”] and place in the said writ contained, as by the said writ he was commanded, and that the said C. D. had not any other or more goods, chattels, money, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, in his bailiwick, whereof he could cause to be made the residue of the damages (or “ debt and damages "] and interest aforesaid, or any part thereof. Therefore we, being desirous that the said A. B. should be satisfied his damages [or " debt and damages") and interest aforesaid, command you, that by our writ, under the seal of our said county, palatine to be duly made, and to be directed to the said sheriff of our said county palatine, you cause the said sheriff to be commanded that he expose to sale and sell, or cause to

(2) See as to Durham, ante, 21, note (b).

be sold, the goods and chattels of the said C. D. so by him taken as aforesaid, and have the sum of [£100) parcel of the said damages (or " debt and damages") and interest aforesaid, before us, (or in C. P. “ before our justices,” or in Exchequer, “ before our barons,"] at Westminster, immediately after the execution hereof (or “on — "] to render unto the said A. B. in part satisfaction of his damages (or “ debt and damages”] and interest aforesaid, (or in Erchequer, “ to be then and there paid to the said A. B. or his attorney in this behalf,"] and also that he cause to be levied of the goods and chattels in his bailiwick of the said C. D. the sum of £-, residue of the damages (or "debt and damages"] and interest aforesaid: and that he do all such things as by the statute passed in the second year of our reign he is authorised and required to do in this behalf: and have you that money [&c. us in the form, ante, 165, No. 38, to the end.]

41. Wurrunt on a Fieri Fucias in debt. to wit. S. S. esquire, sheriff of the said county, to B. B. my bailiff

, greeting: By virtue of her majesty's writ to me directed and delivered, I command you that you cause to be made of the goods and chattels of C. D. in my bailiwick, as well a certain debt of £— which A. B. had recovered against him in her majesty's court before her majesty at Westminster, as also £— which in her majesty's same court were awarded to the said A. B. for his damages which he sustained as well on occasion of the detaining the said debt, as for his costs and charges about his suit in that behalf expended, [or, if not in debt, or if in C. P. or Erch. alter the form accordingly, so as to correspond with the fieri facias,] together with interest upon the said several sums of £- and Ë- at the rate of £4 per centum per annum from the

[as in fi. fa.), so that I may have that money before her said majesty (or in C. P.“ before her majesty's justices,” or in Erch.before her majesty's barons") at Westminster, immediately after the execution hereof (or s on -"], to render to the said A. B. for the [debt and] damages aforesaid, (or in Exch. to be then and there paid to the said A. B. or his attorney,"] and that you do all such things as by the statute passed in the second year of the reign of Queen Victoria you are authorised and required to do in this behalf; and have you this, and so forth. Given under the seal of my office, the By the sheriff

(Seul of office.) Levy £-, besides poundage, &c. (Let this direction correspond with the indorsement on the writ.)

day of

day of

A.D.

42. Rule to return the Writ in Term. In the Q. B. (or “ C. P.” or “ Exch. of Pleas."]

On in term, - Victoria. B.2. It is ordered, that the (late(a) ] sheriffs of London shall within v. four days next after notice of this rule to be given to their secondD. Saries, (or “ that the (late (a)) sheriff of the county of shall within four days (in London or Middleser, or eight days in any other county,) next after notice of this rule, to be given to bis under-sheriff,"] peremptorily return the writ of fieri facias issued between the parties

Side Bar (Q. B.or Exch.) or “In the Treasury Chamber at the instance of the plaintiff ( in C. P.)

By the Court. [See 1 Chit. Ar. Pr. 410.]

(a) Omit this word if the sheriffs be still in office.

V.

43. Judge's Order to return Writ in Vacation (a). B.) I order that the sheriff (&c. proceed as in the form, supra, No. 42, adopting the word "order," instead of the word“ rule. Dated the day of 1839.

[Judge's signature.] [See 1 Chit. Ar. Pr. 410.]

D. S

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44. Affidarit of Service of Rule to return Writ, gc. In the Q. B. (or “ C. P.” or “ Exch. of Pleas.”]

A. B. plaintiff against C. D. defendant. C.C. of - clerk to P. A. gentleman, attorney for the above-nañed plaintiff, maketh oath and saith, that he this deponent did, on the day of instant (or last) personally serve Mr. who is, or acts as deputy to the secondaries of the city of London, at their office, No. 5, Basinghall Street, (if in London ; or, if in Middleser, “ Mr. who is or acts as deputy sheriff of the county of Middlesex;" or if in any

other county, “ Mr.

who is the under-sheriff or deputy to the sheriff of the county of at his residence or office, situate Nc.”] with a true copy of the rule hereunto annexed; and at the same time showed liim the said original rule. And this deponent further saith, that he has this day searched, (or “did on the

instant, or last, search,"] in the proper office of this honourable court, for the return of the writ of fieri facias issued in this cause, but that the same was not filed in the said office. Sworn [&c. See Index, tit. “ Jurut."]

C. C. [See 1 Chit. Ar. Pr. 410, 412.]

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day of

45. The like, of Service of Judge's Order, &c. In the Q. B. (or “ C. P.” or “ Esch. of Pleas."]

Between A. B. plaintiff and C. D. defendant. [As in the preceding form to the end, substituting the word "order" for the word “rule," and concluding as follows :) “And this deponent further saith, that the said order was, on the day of

in this present term, being the term next following the making and granting of the said order, made a rule of this honourable court, as appears by such rule hereunto annexed," (annering it.) Sworn [&c. See Index, tit. “ Jurat."]

C.C.

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46. Rule for Attachment for not returning the IT'rit(b).

On

term, Victoria. B. Upon reading the rule (or “ order "] made in this cause on

and the affidavit of C.C., it is ordered, that a writ of attachment D. ) issue against the sheriff of the county of for his contempt in not returning the writ of fieri facias issued in this cause, pursuant to the said rule (or " order."] Upon the motion of Mr.

By the Court. [See 1 Chit. Ar. Pr. 410, 412.]

(a) This order is made without any affidavit, R. H. 1 Vict.

(b) In Q. B. a judge's order for returning the writ cannot be made a

rule of court, and an attachment for disobedience theieto obtained on one motion, Semble, aliter in Exchequer, 3 Dowl. 99.

47. Attachment against the Sheriff for not returning the Writ, in Q. B.

Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the coroner of the county of

-, greeting : We command you, that you attach S. S. esquire, sheriff of our said county, so that you may have him before us on to answer to us for certain trespasses and contempts by him lately done and committed in our court before us; and have there then this writ. Witness (name of chief justice) at Westminster, this — day of —, in the year of our reign. By the Court.

LUSHINGTON. This writ is to be indorsed thus:-“By rule of court for not returning the writ of fieri facias, issued in a certain cause wherein A. B. is plaintiff, and C. D. is defendant, pursuant to a rule of court (or order of a judge,] with costs of attachment.

Bridges, clerk in court. P. A. solicitor for the prosecution. The within-named $. S. is sheriff of the county of and resides at (a)

[See 1 Chit. Ar. Pr. 410, 412.]

48. The like, in C. P. Victoria (&c. as in the preceding form.] To the coroner of -- greeting: We command you that you attach S. S. esquire, sheriff of our said county, so that you may have him before our justices at Westminster on

to answer to us of and concerning those things which on our behalf shall then and there be objected against him; and have there then this writ. Witness (name of chief justice) at Westminster, this

in the year of our reign. [Indorse it as directed in the preceding form, ercept as to the place of abode and addition of the sheriff, which is not, it seems, required in this court.]

day of

49. The like, in Exchequer. Victoria (Sc. as in the form supra, No. 47.) To the coroner of greeting: We command you that you omit not by reason of any liberty in your bailiwick, but that you enter the same, and attach S. S. esquire, sheriff of our said county, by his body, wheresoever you shall find bim in your bailiwick, and him safely keep, so that you may have him before the barons of our Exchequer at Westminster, on — to answer to us concerning divers trespasses, contempts, and offences, by him lately done and committed ; and have there then this writ. Witness (name of chief baron) at Westminster, this

in the

year of our reign.

By the Barons. This writ is to be indorsed thus :

A. B. against C. D. By rule of court, made the day of the day of granting rule for attachment,] for not returning the writ of fieri facias, issued in a certain cause wherein A. B. is plaintiff

, and C. D. is defendant, pursuant to a rule of court (or “order of a judge,"] made in the said cause for that purpose.

day of

(a) See R. H. 2 & 3 Geo. 4, 5 B. & Ald. 560, requiring this indorsement.

V.

66

50. Rule on Coroners to return Attachment in Q. B. [England.]

On,

in

term, - Vict. The Queen It is ordered, that the coroner (or “ coroners”]

of the city (or “county”) of - do, within four The Sheriff of days (in London or Middleser, or eight days” in

B. v. D. any other county,] next after the notice of this rule to be given to him (or “them, or one of them"), peremptorily return this writ of attachment.

By the Court. Side Bar.

[See 1 Chit. Ar. Pr. 410, 412.]

V.

51. The like, in C. P. In the Common Pleas. [England.]

On in

term, - Vict. The Queen It is ordered, that the coroner (or “coroners']

of the county of within days next after The Sheriff of - notice of this rule to be given to him (or " them”),

B. v. D. do peremptorily return the writ of attachment of contempt issued forth between the said parties. In the Treasury Chamber, at the instance of the plaintiff.

By the Court.

52. Attachment against Coroners, directed to Elisors in C. P. Victoria [&c. as ante, 170, No. 48]. To E. G. and E. H. elisors, appointed by our court of the bench in this behalf, greeting : We command you, that you attach C. C. esquire, coroner (or C. C. and D. C. Esquires, coroners”] of our county of

you may have him (or "them"] before our justices at Westminster, on [&c. conclude as in form ante, 170, No. 48.] Indurse it thus :- In Regina v. the Sheriff of

in the cause of B. v. D. for not bringing in the body of the said sheriff.

[See 1 Chit. Ar. Pr. 410, 412.]

so that

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53. Rule for Habeas Corpus to bring in the Body of Sheriff, in Q. B. [England.]

On -, in term, Vict. The Queen Upon reading this writ of attachment, and the

return made thereto, it is ordered, that a writ of The Sheriff of habeas corpus issue, directed to the coroner (or

B. v. Ď. coroners'] of the county of commanding him (or “ them”] to have the body of the defendant, the sheriff [or " bodies of the defendants, the sheriffs,"] before this court immediately, to undergo, &c. Upon the motion of Mr.

By the Court. [See 1 Chit. Ar. Pr. 410, 412.]

54. Writ of Habeas Corpus thereon. Victoria [&c. as ante, 170, No. 48.] To the coroner (or “coroners”] of the county of greeting : We command you, that you have in our court before us at Westminster, on the body of S. S. esquire, sheriff (or “the bodies of S. S. and L. S. esquires, sheriffs”] of our county of to answer to us, for certain trespasses and contempts, brought

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