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 damages [or "debt and damages"] and interest aforesaid, or any part thereof [let this agree with the return]: And hereupon the plaintiff prays another writ of our said lady the queen of fieri facias, to be directed to the said sheriff of —, commanding him in form 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" on -"]; the same time [or “day”] is given to the plaintiff at the same place.

68. Entry of Fieri Facias and Return of Nulla Bona, and Award of Capias ad Satisfaciendum.

[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 our lady the queen of fieri facias to be directed to the sheriff of, commanding him [&c. as in the preceding form.] And afterwards, to wit, on ——, [or "at which day] before our said lady the queen, [or in C. P. " before the justices of our lady the queen," or in Exch. "before the barons of our lady the queen," at Westminster, comes the plaintiff by his 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 [&c. as in the preceding form.] And hereupon the plaintiff prays the writ of our said lady the queen of capias ad satisfaciendum, to be directed to the said sheriff of commanding

him that he take the defendant, if he be found in his bailiwick, and him safely keep, so that he may have his body 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 "on"], to satisfy the plaintiff the damages [or “debt and damages"] and interest aforesaid, and it is granted to him &c.; the same time [or "day"] is given to the defendant, at the same place.

69. Entry of Venditioni Exponas and Return, and Award of Fieri Facias for the Residue.

returns,

[Proceed as in the form, ante, 175, No. 67, to the asterisk*, and then thus:] And afterwards, to wit, on — [or "at which day,"] before our said lady the queen, at Westminster, comes [or in C. P. or Exch. "at which day comes here,"] the plaintiff in his proper person; and the sheriff, to wit, S. S., esquire, sheriff of the said county of that by virtue of the writ of our said lady the queen to him thereupon directed, he hath taken goods and chattels of the defendant to the value of £--, which remain in the hands of the said sheriff unsold, for want of buyers; wherefore he cannot have the said money before our said lady the queen at Westminster, [or in C. P. " before the said justices," or in Erch. "before the said barons,"] on the day aforesaid; and that the defendant hath no other 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 any more of the money in the said writ mentioned [let this agree with the return]. Therefore the sheriff is commanded, that he expose to sale the goods and

chattels aforesaid, by him in form aforesaid taken; and that he have the money arising from such sale before our said lady the queen at Westminster, [or in C. P. " before the justices here," or in Exch. "before the barons here,"] immediately after the execution thereof, [or " on --"] to be rendered to the said plaintiff [&c. as in the preceding form.] The said sheriff is also commanded, that of the goods and chattels of the defendant in his bailiwick, he cause to be levied £--, residue of the damages [or "debt and damages,"] and interest aforesaid; and that he have that money before our said lady the queen at Westminster, [or in C. P. "before the said justices here,” or in Exch. “before the said barons here," at the time [or "on the day,"] aforesaid, to be rendered to the plaintiff for his damages and interest aforesaid; the same time [or "day"] is given to the plaintiff at the same place.

70. Bill of Sale from Sheriff, of Goods taken on a Fieri Facias.

To all to whom these presents shall come. I, S. S. esq. sheriff of the county of, send greeting: Whereas by virtue of her majesty's writ of fieri facias, issued out of her majesty's Court of Queen's Bench, [or "Common Pleas," or "Exchequer of Pleas,"] at Westminster, to me directed and delivered, for levying £- on the goods and chattels of C. D., which A. B. in the said court hath recovered against him, together with interest on the said sum of £, at the rate of £4 per centum per annum, from the day of A.D. -, [as in writ,] as by the said writ may more at large appear, I have taken into my hands the several goods and chattels of the said C. D. hereafter mentioned, that is to say, [here set them out,] which by good and lawful men have been valued and appraised at £- Now know ye, that I, the said S. S., by virtue of the said warrant and my office, and for and in consideration of the sum of £ of lawful money of Great Britain to me in hand paid by the said A. B., do hereby, as much as in me lieth, by virtue of my said office, fully and absolutely bargain, sell, and deliver to the said A. B., his executors, administrators and assigns, the said goods and chattels, to have, hold, and enjoy the same, as his, her, and their own proper goods and chattels, for ever, in part satisfaction of the said sum of £. In witness whereof I have hereunto set my hand and seal the

A.D.

Signed, sealed, and delivered in

the presence of me, IV. W.

of

[See 1 Chit. Ar. Pr. 418, 422, 423.]

day of

S. S.

71. Condition of Bond, to indemnify Sheriff for selling under a Fieri

Facias.

Whereas the above-named S. S., as sheriff of the county of ——, by virtue of her majesty's writ of fieri facius to him directed, against the goods and chattels of C. D. issued at the suit of A. B. out of her majesty's Court of Queen's Bench (or "Common Pleas," or "Exchequer,"] at Westminster, and there returnable on and whereby he was to cause to be made of the goods and chattels of C. D. the sum of £-hath seized and taken divers goods and chattels, as the proper goods and chattels of the said C. D. in execution; and whereas, since the seizing and taking of the said goods and chattels in execution as aforesaid, the said goods and chattels, and each and every part thereof, have been claimed by one C. C., who hath given notice to the said sheriff not to pro

ceed to a sale of the said goods and chattels, or to pay over the money arising from the sale thereof, to the said A. B.: and whereas the said A. B. hath applied to the said sheriff, and requested him to sell the said goods and chattels so seized as aforesaid, under and by virtue of the said writ of fieri facias, notwithstanding such claim and notice, and to pay to the said A. B. the money arising from the sale thereof, in satisfaction of the said sum of money directed to be levied by the said writ of fieri facias, which the said S. S. has consented to do upon being indemnified for so doing. Now the condition of the above-written obligation is such, that if the above-bounden A. B., his heirs, executors, or administrators, do and shall from time to time, and at all times hereafter, well and sufficiently save harmless and keep indemnified the said sheriff, his under-sheriff, deputy and officers, and each and every of them, of, from, and against all losses, costs, charges, damages, and expenses, which he or they shall or may sustain, suffer, bear, pay, expend, or be put unto, for or by reason or means of seizing or selling the said goods and chattels so seized and taken in execution as aforesaid, or paying unto the said A. B. the money arising from the sale thereof, in satisfaction of the said sum of £——, so directed to be levied by the said writ of fieri facias; and also of, from, and against all action and actions, suit and suits, or any proceeding or proceedings at law or equity, which now are, or shall or may at any time or times hereafter be brought, commenced, or prosecuted, rightfully or wrongfully, against the said sheriff, his under-sheriff, deputy, and officers, or any or either of them, for or on account, or by reason or means of the seizing or selling the said goods and chattels under the said writ of fieri facias, or paying unto the said A. B. the money arising from the sale thereof as aforesaid, or for or by reason or means of any other act, matter, cause or thing, whatsoever, relating thereto, or to the execution of the said writ of fieri facias, then the above-written obligation to be void, otherwise to stand and remain in full force, vigour, and effect.

Signed, sealed, and delivered, in the

presence of me, W. W. of

[See 1 Chit. Ar. Pr. 423.]

A. B.

72. Condition of a Bond of Indemnity to Sheriff for abandoning Goods and returning Nulla Bona.

Whereas the above-named sheriff, by virtue of her majesty's writ of fieri facias to him directed against the goods and chattels of C. D., issued out of her majesty's court of Queen's Bench, [or "C. P." or "Exchequer," at Westminster, and there returnable on --, at the suit of one A. B., hath seized and taken divers goods and chattels of the said C. D. in execution. And whereas he the above-bounden C. C. hath given notice to the said sheriff, and claimed the said goods and chattels, and hath requested the said sheriff to quit possession of and abandon and deliver to the said C. C. the said goods and chattels so seized as aforesaid, and to make his return to the court when called on so to do, that the said C. D. had not any goods or chattels, money, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, in his bailiwick, if there were other goods state according to the fact,] which the said sheriff has consented to do on the said C. C. indemnifying him the said sheriff for so doing. Now the condition of the above-written obligation is such, that if the above-bounden C. C., his heirs, executors, and administrators, do and shall, from time to time and at all times hereafter, well and sufficiently save harmless and keep indemnified the

same sheriff, his under-sheriff, deputy, or officers, and each and every of them, of and from and against all losses, costs, charges, damages and expenses, which he or they shall or may sustain, suffer, bear, pay, expend, or be put to for or by reason or means of quitting possession of, abandoning and delivering to the said C. C the said goods and chattels so seized as aforesaid, and making the return aforesaid; and also of, from, and against all action and actions, suit and suits, proceeding or proceedings, either at law or equity, which now are or shall or may at any time or times hereafter be brought, commenced, or prosecuted, rightfully or wrongfully, by the said A. B., or by any person or persons whomsoever, against the said sheriff, his under-sheriff, deputy, and officers, or any or either of them, for or on account or by reason or by means of the quitting possession of, abandoning, and delivering to the said C. C. the said goods and chattels, and making the return aforesaid, or for or by reason or means of any other act, matter, cause, or thing whatsoever relating thereto, or to the execution or return of the said writ of fieri facias, then the said obligation to be void, otherwise to stand and remain in full force, vigour, and effect.

C. C.

73. Proceedings by Sheriff, &c. in the case of Adverse Claims. [See the forms post, Book 4, Part 1, Chap. 11.]

II. ELEGIT.

1. Elegit in Q. B. or C. P.

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 (a): Whereas A. B. lately in our court before us [or in C. P. "before our justices of the bench"] at Westminster, by the judgment of the same court, recovered against C. D. £, which in our said court before us [or, in C. P. "before our said justices,"] were adjudged to the said A. B. for his damages which he had sustained, as well on occasion of the not performing of certain promises and undertakings then lately made by the said C. D. to the said A. B., [or if in debt "recovered against C. D. a certain debt of £, and also £- which in our same court were adjudged to the said A. B. for his damages which he had sustained, as well on occasion of the detention of the said debt," or as the form of action was set out in judgment, see forms, ante, 102, et seq.] 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"]; and afterwards the said A. B. came into our said court before us, [or in C. P."before our said justices,"] and, according to the form of the statutes in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said C. D., or any person in trust for him was seised or possessed of on the day of in the year of our Lord on which day the judgment aforesaid was en

(a) See forms of directions of writs, ante, 20 n. (a).

tered up, or at any time afterwards, or over which the said C. D. on the said -of- -(the day on which the judgment was entered up), or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, according to the form of the said statutes, until the damages [or in debt “debt and damages"] aforesaid, together with interest upon the said sum of £ at the rate of four pounds per centum per annum, from the day of in the year of our Lord [the day on which the judgment was entered up, or in case the judgment was entered up prior to the 1st of October, 1838, say, "from the first day of October, in the year of our Lord 1838,"] shall have been levied*. Therefore we command you that, without delay, you cause to be delivered to the said A. B., by a reasonable price and extent, all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said C. D., or any person in trust for him, was seised or possessed of on the said day of (the day on which the judgment was entered up) or at any time afterwards, or over which the said C. D. on the said day of -(the day on which the judgment was entered up) or at any time afterwards had any disposing power, which he might, without the assent of any other person, exercise for his own benefit; to hold the said goods and chattels to the said A. B. as his proper goods and chattels, and also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the damages [or in debt "debt and damages"] aforesaid, together with interest as aforesaid, shall have been levied. And in what manner you shall have executed this our writ make appear to us [or in C. P. "before our justices"] at Westminster, immediately after the execution thereof, under your seal and the seals of those by whose oath you shall make the said extent and appraisement, 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

2. The like in Exchequer (a).

Victoria, [&c. as ante, 180, No. 1,] to the sheriff of greeting: Whereas A. B. in our court before the barons of our Exchequer at Westminster, on the day of A.D. [day of signing judgment], by the consideration and judgment of the same court, recovered against Ć. D. £, which in our said court were adjudged [&c. as in the preceding form,] whereof the said C. D. is convicted, as by inspecting the rolls of our said Exchequer appears to us; and afterwards the said A. B. came into our court, before the barons of our said Exchequer, at Westminster aforesaid, and, according to the form of the statutes in such case made and provided, chose to be delivered to him [&c. as in the preceding form to the dagger †, and then thus:] 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, under your seal

(4) The writ in this court may, it should seem, contain a non omittas clause.