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against them in our said court before us, and whereof by your return you have charged yourself (or “yourselves”). Witness (nume of chief justice) at Westminster, this day of in the

year of our reign. By the Court. LUSHINGTON.

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55. Return of Fieri Feci. By virtue of this writ to me directed, I have caused to be made of the goods and chattels of the within-named C. D. the damages (or " debt and damages"] within-mentioned, which I have ready before her majesty, (or in C. P. “ before her majesty's justices,” or in Érch. “ before the barons of her majesty's Exchequer,"] at the time (or “day”) and place within mentioned, to be rendered to the said A. B. for his damages (or “ debt and damages”] and interest aforesaid, (or in Exch. "to be paid to the said A. B. or his attorney,"] as within 1 am commanded.

The answer of S. S. esq. sheriff.

56. Return of Mandavi Ballivo. By virtue of this writ to me directed, I made my mandate to the bailiff of the liberty of - in my county, to whom belongeth the execution and return of all writs and processes within the said liberty, and without whom no execution of this writ could be made by me within the same; which said bailiff hath returned to me, that by virtue of my said mandate to him thereupon directed as aforesaid, he hath caused to be made of the goods and chaitels of the within-named C. D. the damages (or "debt and damages"] and interest within mentioned, and that he hath that money ready before our lady the queen, (or in C. P." before the justices of our lady' the queen," or in Exch. “ before the barons of her majesty's Eschequer,"] at the day and place within-mentioned, as by my said mandate it was commanded.

The answer of S. S. esq. sheriff. [See 1 Chit. Ar. Pr. 412.]

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57. Return of Fieri Feci for Part, and Nulla Bona as to Residue.

By virtue of this writ to me directed, I have caused to be made of the goods and chattels of the within-named C. D. to the value of £-; which said money I have ready before our lady the queen (or in C. P. before the justices of our lady the queen," or in the Exchequer, “ before the barons of her majesty's Exchequer,"] at the day and place within mentioned, to render (or, in Exchequer, paid”] to the said A. B. in part satisfaction of his damages (or “debt and damages"] and interest within specified : And I further certify to our said lady the queen (or in C. P." to the justices of our lady the queen of the bench," or in Erchequerto the barons of her majesty's Exchequer,"] that the said C. D. hath no more goods, chattels, money, bank notes, cheques, bills of exchange, promissory notes, bords, specialties, or other securities for money, in my bailiwick, which I can seize or take, or pay or deliver to the said A. B., or whereof I can cause to be made the residue of the said damages (or "debt and damages”] and interest, or any part thereof, as the within writ commands me.

The answer of S. S. esq. sheriff.

58. Return of Fieri Feci for Part, and that Sheriff has paid part of Sum

levied to the Landlord, for Rent, and retains for Poundage, 8c. By virtue of this writ to me directed, I have caused to be made of the goods and chattels of the within-named C. D. to the value of £part of which said sum of £— I have paid to L. L., the landlord of the premises on which the said goods and chattels were taken, for £rent due to him for the said premises at last, such sum not exceeding a year's rent of the said premises ; and I have retained in my hands the sum of £- for poundage, officers' fees, and expenses of the levy; and f—, the residue of the said sum of £-, I have ready before our lady the queen, (or in C. P." before the justices of our lady the queen,' of, in Erchequer, " before the barons of her majesty's Exchequer,"] to render to the said A. B. for part of his damages and interest within mentioned: And the said C. D. hath not any more goods, chattels, money, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, in my bailiwick, which I can seize or take, or pay or deliver to the said A. B., or whereof I can cause to be made the residue of the said damages (or “ debt and damages”] and interest, or any part thereof, as within I am commanded.

The answer of S. S. esq. sheriff. [See 1 Chit. Ar. Pr. 423, 436.] 59. The like, for Rent and Tares ; to be annered to the Writ. I S. S. esq., sheriff of the county of humbly certify and return, that by virtue of her majesty's writ, which is hereto annexed, I have caused to be made of the goods and chattels of C. D. in the said writ named in my bailiwick, the sum of £

-; £– part whereof, I have paid to L. L. of - the landlord of the premises whereon the goods and chattels were seized, for rent (not exceeding one year) due to the said landlord, in respect of the said premises on last; £— further part thereof, I have paid for taxes (not exceeding one year) due from the said C. D. to her majesty; £-, further part thereof, I have retained for poundage, officers' fees, and expenses, &c. due to me on the levy; and £residue thereof, I have paid to A. B. in the said writ also named in part satisfaction of the damages (or "debt and damages”] and interest in the said writ mentioned (or if not already paid, see the next form): And I further certify and return that the said C. D. hath no more goods, chattels, money, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, in my bailiwick, whereof I can cause to be levied the residue of the said damages and interest, or any part thereof.

By the same sheriff. (Make the following indorsement on the writ:) " The execution of this writ appears in the schedule hereunto annexed.

“ The answer of S. S. esq. sheriff.” [See 1 Chit. Ar. Pr. 423, 436.]

60. The like for Tares only. By virtue of this writ to me directed, I have caused to be made of the goods and chattels of the within-named C. D. to the value of £-; part of which said sum, to wit, £— I have paid to L. L. for queen's taxes (not exceeding one year) due for and in respect of the said premises at the time of taking the said goods and chattels, and I have retained in my hands the sum of £—, for poundage, officers' fees, and expenses of the levy, and £—, the residue of the said sum of £- I have ready before our said lady the queen (or in C. P. “ before the justices of our lady the queen,” or in Erchequer är before the barons of her majesty's Exchequer,"] to render to the said A. B., for part of his damages and interest within mentioned ; and the said C. D. hath not any more goods, chattels, money, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money in my bailiwick, which I can seize or take, or pay or deliver to the said A. B., or whereof I can cause to be made the residue of the said damages and interest or any part thereof, as within I am commanded.

The answer of S. S.

esq.

sheriff. 61. Return that the Goods taken were let to Defendant, and remain in

Sheriff's hands for wunt of Buyers. By virtue of this writ to me directed, I have taken in execution the interest and property of the within-named C. D. of and in certain goods and chattels of E. F. now in a certain messuage and premises situate and being at —, in my bailiwick, subject to the right of C. D. to use and enjoy the same during a certain term, the said goods and chattels having, before the said writ was delivered to me to be executed, been demised and let by the said E. F. to the said C. D. for such term, which is still unexpired, and which said interest and property of the said C. D. of and in the said goods and chattels, being of the value of the damages (or “ debt and damages”] and interest within mentioned (or “ of the value of £-"], remains in my hands unsold, for want of buyers [If the value returned be less than the amount of debt and interest ordered to be levied by the writ, proceed to return nulla bona for the residue, as in form, ante, 172, No.57.] Therefore I cannot have the money within-mentioned before our lady the queen, [or in C. P. “ before the justices of our said lady the queen," or in Erch.“ before the barons of her majesty's Exchequer,'') at the day and place within mentioned, as I am within commanded.

The answer of S. S. esq. sheriff. 62. Return, that the Sheriff' has taken Goods, which remain in his hands

for want of Buyers. By virtue of this writ to me directed, I have taken goods and chattels of the within-named C. D. to the value of £-, (or “ of the damages,” or “debt and damages,” and interest within mentioned]; which goods and chatteis remain in my hands unsold, for want of buyers ; therefore I cannot have that money before our lady the queen, (or in C. P. “ before the justices of our lady the queen," or in Erch.“ before the barons of her majesty's Exchequer,"] at the time (or “ day"] and place within mentioned, as I am within commanded [If the value returned be less than the amount of debt and interest ordered to be levied by the writ, proceed to return nulla bona for the residue, as in form, ante, 172, No. 57.)

The answer of S. S.

esq.

sheriff.

63. The like, where Part of the Goods have been sold, and the rest remain

in hand, 8c. By virtue of this writ to me directed, I have caused to be made of the goods and chattels of the within-named C. D. to the value of £m, and have exposed them to sale from day to day, and have thereof sold to the value of £-; which money I have ready before our lady the queen, (or in C, P. “ before the justices of our lady the queen,” or in Erch. before the barons of her majesty's Exchequer,"] at the day and place within mentioned, to be rendered (or in Exch. “ to be paid”] to the withinnamed A. B. as within I am commanded; and the residue of the said goods and chattels remain in my hands unsold for want of buyers [If the value returned be less than the amount of debt and interest ordered to be levied by the writ, proceed to return nulla bona for the residue, as in form, ante, 172, No. 57.]

The answer of S. S. esq. sheriff.

64. Return of Nulla Bona. The within-named C. D. has no goods or chattels, money, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, in my bailiwick, which I can seize or take, or pay or deliver to the said A. B., or whereof I can cause to be made the damages (or " debt and damages”) and interest within mentioned, or any part thereof, according to the exigency of this writ.

The answer of S. S. esq. sheriff.

65. The like, and that the Defendant is a Beneficed Clerk (a). The within-named C. D. has no goods or chattels, or any lay fee, or any money, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, in my bailiwick, which I can seize or take, or pay or deliver to the said A. B. or whereof I can cause to be made the damages (or “ debt and damages"] and interest within mentioned, or any part thereof, as within I am commanded; but I do hereby certify, that the said C. D. is a beneficed clerk, to wit, rector of the rectory (or « vicar of the vicarage”] and parish church of in my county; which said rectory (or "vicarage”] and parish church are within the diocese of the reverend father in God by divine permission lord bishop of — (or “within the peculiar jurisdiction of the very reverend the dean and chapter of the cathedral church of St. Peter of York, and instituted to try them as ordinary,” as the case may be.]

The answer of Ś. S. esq. sheriff.

66. Entry of Fieri Facias and Testatum, with Return of Nulla Bona as

to Part on the Roll. To the end of the entry of the judgment, and then thus :] Afterwards, that is to say, on the day of the plaintiff comes here into court, by his attorney aforesaid, and prays the writ of the said lady the queen of fieri facias, to be directed to the sheriff of - -, commanding him, that of the goods and chattels of the defendant in his bailiwick, he cause to be made the damages (or "debt and damages”] aforesaid, together with interest on the said sum of £, at the rate of £4 per centum per annum, from the - day of (b), A.D. ---, on which day the judgment aforesaid was entered up; and it is granted to him returnable before our lady the queen (or in C. P. “ before the justices of our lady the queen," or in Euch. “ before the barons of our lady the queen,"] at Westminster, immediately after the execution thereof (or -"]; the same time (or “ day") is given to the plaintiff at the same place* : And afterwards, to wit, on -- [or" at which day"], before our said lady the queen (or in C. P. “ before the said justices,” or in Erch. “ before the said barons,"] at Westminster, comes the plaintiff

, by bis attorney aforesaid ; and the sheriff, to wit, S. S. sheriff of the county aforesaid, thereupon returns to our said lady the queen (or in C. P. "to the said justices," or in Erch. " to the said barons,"] at Westminster aforesaid, that the defendant hath not any goods or chattels, money, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, in his

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(a) See the forms as to execution against clergymen, post, Book 3, Part

2, Chap 12.

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

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66

bailiwick, which he can seize or take, or pay or deliver to the said plaintiff or whereof he can cause to be made the damages (or “debt and damages”] and interest aforesaid, or any part thereof (let this agree with the return, if any]: whereupon, on the behalf of the plaintiff, it is sufficiently testified in the said court, that the defendant hath sufficient goods and chattels in the county of

whereof the sheriff of that county may cause to be made the damages (or “debt and damages") and interest aforesaid : And thereupon the plaintiff prays the writ of our said lady the queen of testatum fieri facias, to be directed to the sheriff of the said county of commanding him that of the goods and chattels of the defendant, in his bailiwick, he cause to be made the damages [or " debt and damages"] and interest aforesaid ; and it is granted to him returnable before our said lady the queen (or in C. P. “ before the said justices," or in Exch. “ before the said barons"] at Westminster, immediately after the execution thereof (or

-"]; the same time for "day"] is given to the plaintiff at the same place: And afterwards, to wit, on [or" at which day"] before our said lady the queen (or in C. P. “ the said justices,” or in Erch. “the said barons,"] at Westminster, comes the plaintiff, by his attorney aforesaid; and our said sheriff of thereupon returns to our said lady the queen (or in C. P. “ to the said justices," or in Exch." to the said barons,"] at Westminster aforesaid, that he hath caused to be made of the goods and chattels of the said defendant in his bailiwick, the sum of £- which money he has paid to the plaintiff, in part satisfaction of the damages (or “ debt and damages”] and interest aforesaid; and that the defendant hath 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 his bailiwick, which he can seize or take, or pay or deliver to the said A. B., or whereof he can cause to be made the residue of the damages [or "debt and damages”) and interest aforesaid, or any part thereof (let this agree with the return).

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67. Entry of Fieri Facias on the Roll, with a Return of Nulla Bona,

and Award of another Fi. Fa. [To the end of the entry of the judgment, and then thus :) Afterwards, to wit, on the

day of

the plaintiff comes here into court, by his attorney aforesaid, and prays the writ of the said lady the queen of fieri facias, to be directed to the sheriff of commanding him, that of the goods and chattels of the defendant, in his bailiwick, he cause to be made the damages (or " debt and damages”) aforesaid, together with interest on 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 it is granted to him returnable before our said lady the queen, (or in C. P.“ before the justices of our said lady the queen," or in Erch. " before the barons of our said lady the queen,"] at Westminster, immediately after the execution thereof (or "]; the same time [or "day"] is given to the plaintiff, at the same place : And afterwards, to wit, on - -, [or “ at which day,"] before our said lady the queen, (or in C. P. “ before the said justices," or in Erch. “ before the said barons,") at Westminster, comes the plaintiff by his attorney aforesaid; and the sheriff

, to wit, S. S. sheriff of the said county, thereupon returns to our said lady the queen, (or in C. P. "to the said justices," or in Erch. “ to the said barons,"] at Westminster aforesaid, that the defendant hath not any goods or chattels, money, bank notes, cheques, bills of exchange,

(a) Sce ante, 149, n. (a).

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