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and the seals of those by whose oath you shall make the said extent and appraisement, (or “on — -,"] and have there this writ. Witness (name of chief baron), at Westminster, the

-, in the year of our Lord

[Indorse it as a fi. fa. as directed, ante, 149, but you may omit that part of the indorsement relative to the defendant's addition and place of abode.]

day of

A.D.

3. The like, in a County Palatine.(a) Victoria, [&c. as ante, 180, No. 1,] to the Chancellor (&c. as ante, 161, No. 29.] Whereas d. B., lately in our court (&c. stating the judgment as in the preceding forms, according to the court in which it was obtained,] and afterwards the said A. B. came into our said court before us (or in C.P. “ before our justices of the bench," or in Exchequer, " before the barons of our Exchequer,"] at Westminster aforesaid, 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 the said county palatine, 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 the said county palatine, as the said c.D. or any person in trust for him, was seised or possessed of on the day of

-, on which day the judgment aforesaid was entered up [&c. as in the form, ante, 180, No. 1, to the asterisk*, and then proceed as follows:) therefore we command you, that by our writ under the seal of our said county palatine, to be duly made and directed to the sheriff of the same county, you command the said sheriff, that without delay he 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 his bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, [&c. us in the form ante, 181, No. 1,] in the said county palatine, as the said C. D. or any person in trust for him [&c. as in the form, ante, 181, No. 1, to the daggert,) and in what manner he shall have executed the said last-mentioned writ make appear to us, (or in C.P." to our said justices,” or in Erchequer, “ to our said barons,"] at Westminster, immediately after the execution thereof, [or on ;”] under his seal, and the seals of those by whose oath he shall make the said extent and appraisement; and have you there then (or in C. P. or Erchequer, omit the word “ then,"] this writ. Witness (name of chief justice or chief baron,) at Westminster, the day of of our Lord

[Indorse it as a fi. fa. as directed, ante, 149, but you may omit that part of the indorsement relative to defendant's addition and place of abode.]

in the year

4. Mandate to the Sheriff of a County Palatine, in pursuance of an

Elegit. Victoria, [&c. as above,] to the sheriff of Lancaster (or Darham(a)], greeting : We command you, [&c. as in the above writ of elegit to the teste, commanding the sheriff in the second person to do what is required by the writ.] Witness, ourself

, at Lancaster for Durham (a)], the - day of

year of our reign.

in the

(a) See, as to Durham, page 21, n. (6).

5. Non omittas Elegit. Victoria, [&c. us ante, 180, No. 1,] to the sheriff of , greeting : Whereas A. B. lately in our court [&c. as the form, ante, 180, No. 1, 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 without delay cause to be delivered (&c. conclude as in the preceding forms, ante, 180, 181, Nos. 1, 2.]

6. Return to Elegit, that Defendant has no Goods or Lands, fc. The within-named defendant has no goods or chattels, nor any lands, tenements, rectories, tithes, rents, or hereditaments, in my bailiwick, whereof I can cause to be levied the damages (or " debt and damages," and interest, within mentioned, or any part thereof, as within I am commanded.

The answer of S. S. sheriff,

7. Return of Inquisition, where lands are extended. The execution of this writ appears in the inquisition hereunto annexed.

The answer of S. S. sheriff. to wit. An inquisition indented, taken at --, in the county of -, the day of —, in the year of the reign of our sovereign lady Victoria, before me S. S., sheriff of the county aforesaid, by virtue of her majesty's writ to me directed in this behalf and to this inquisition annexed, by the oath of [name the jurors upon the inquest] twelve honest and lawful men of the county aforesaid ; who being sworn and charged, say upon their oath that C. D). named in the said writ to this inquisition hereunto annexed, on the day of taking this inquisition {if there be no goods or chattels, say, “ had no goods or chattels in my bailiwick to the knowledge of the said jurors,otherwise, say) was possessed of the goods and chattels following, to wit (set out the goods] of the price of £ , as of his own proper goods and chattels; which said goods and chattels I the said sheriff have caused to be delivered to the said A. B., to hold to him the said goods and chattels, as his own proper goods and chattels, in part satisfaction of his damages [or" debt and damages,"] and interest in the said writ mentioned, as by the said writ I am commanded : And the jurors aforesaid, upon their oath aforesaid, do further say, that the said C. D. on the

-, in the year of our Lord

-, being the day on which the judgment in the said writ mentioned was obtained, was seised in his demesne as of fee of and in one messuage [&c. describe the lands, fc. by metes and bounds, and state the place and county in which they lie, estate the defendant had in them, and whether seised in severalty, or as joint tenant or tenant in common, see form, No. 8, post, 184, adding after each messuage or parcel of land the value thus :] and being of the clear yearly value of £-, in all issues, beyond reprises (and if the premises are mortgaged, say, " which said premises are subject to a mortgage made thereof by the said C. D. to one E. F. of by indenture bearing date(&c.) for the term of - years at the yearly rent of £-, subject to redemption on payment of £- and interest at the rate of £5 per centum per annum, at a day since past]: which said premises (subject as aforesaid] I the said sheriff, on the aforesaid day of taking this inquisition, have caused to be delivered to the said A. B. by a reasonable price and extent; to hold to him and his assigns, according to the nature and tenure thereof, according to the form of the statutes in such case made and provided,

day of

until the said damages (or "debt and damages, &c."] in the said writ mentioned, together with such interest as therein also mentioned, shall be thereof levied, as by the said writ it is commanded : And the jurors aforesaid, upon their oath aforesaid, do further say, that the said C. D., on the day of taking this inquisition aforesaid, had not any other or more goods or chattels in my bailiwick; nor had he, or any person or persons in trust for him, on the day of —, in the year of our Lord

(the day which the judgment was signed], or at any time afterwards, any other or more lands, tenements, rectories, tithes, rents, or hereditaments, in my bailiwick, to the knowledge of the said jurors. In witness whereof, as well I the said sheriff, as the jurors aforesaid, have set our seals to this inquisition, on the day and year and at the place first aforesaid.

[See 1 Chit. Ar. Pr. 445.]

8. The like, where the Defendant has no Goods, but Lands holden in Joint

Tenancy are extended. to wit. An inquisition indented [&c. as in the preceding form to the words “sworn and charged," and then thus:] say upon their oath, that C. D. named in the said writ hereunto annexed, on the day of taking this inquisition, had no goods or chattels in my bailiwick, to the knowledge of the said jurors: And the jurors aforesaid, upon their oath aforesaid, further say, that the said C. D. on the day of —, in the year of our Lord on which day the judgment in the said writ mentioned was obtained, was seised in his demesne as of fee, of and in one undivided moiety (the whole into two equal moieties to be divided) of' and in one messuage [&c. describe the whole of the premises, as directed in the preceding form.] And I, the said sheriff, on the aforesaid day of taking the said inquisition, have caused to be delivered to the said 4. B., in the said writ named, by a reasonable price and extent, one undivided moiety (the whole into two equal moieties to be divided) of the said messuage [&c. describe the moiety of the premises], to hold to him and his assigns, according to the nature and tenure thereof, according to the form of the statutes in such case made and provided, until he shall have thereof fully levied the damages (or “ debt and damages") and interest in the said writ specified, as by the said writ it is commanded. In witness [&c. conclude us in the preceding form.]

9. Award of Elegit on the Roll, and Return of Inquisition thereon.

[ To the end of the entry of the judgment, and then thus :) Afterwards, that is to say, on — before the said lady the queen ai Westminster, comes (or in C. P. or Erchequer, “ Afterwards, that is to say, on comes here") the plaintiff by his attorney aforesaid, and, according to the form of the statute in such case made and provided, chooses to be delivered to him all the goods and chattels of the defendant, except bis oxen and beasts of the plough, and also a moiety of all the lands and tenements [&c. as in form, ante, 180, No. 1, to the asterisk",) and he prays the writ of our said lady the queen thereupon, to be directed to the sheriff of and it is granted to him, &c. returnable before the said lady the queen at Westminster, (or in the C. P. or Exchequer, “ returnable here”) immediately after the execution thereof (or “ on -"]; the same time (or

day"] is given to the plaintiff there for in the C. P. or Exchequer, “ here"] &c. And afterwards, to wit, on (or " at which day"], before the said lady the queen (or in C. P.“ before the justices of the

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bench,” or Erchequer, “ before the barons of the Exchequer"] at Westminster, comes (or in the C. P. or Erchequer, “comes here"] the plaintiff by his attorney aforesaid; and the sheriff, to wit, S. S. esq. sheriff of the said county aforesaid, now here returns the writ aforesaid to him in form aforesaid directed, in all things served and executed, together with a certain inquisition to the said writ annexed, taken before the said sheriff in the premises by virtue of the said writ; which said inquisition follows in these words; that is to say,

to wit. An inquisition [&c. copy the inquisition.]

>

on

- [or " at that

10. Testatum Elegit (a). Victoria [&c. as ante, 180, No. 1,) to the sheriff of -, greeting: Whereas A. B. lately in our court (&c. stating the judgment as in the form, ante, 180, 181, Nos. 1, 2, according to the court'in which it is recodered.] And afterwards the said A. B. came into our said court before us (or in C. P.“ before our said justices,” or in Erchequer “ before our said barons,") at Westminster aforesaid, and, according to the form of the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. except his oxen and beasts of the plough, and also [&c. proceed as in the form, ante, 180, 181, Nos. 1, 2, to the asterisk*, and then thus :) therefore by our writ we lately commanded the said sheriff of that without delay he should 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 his bailiwick, except his oxen and beasts of the plough, and also [&c. as in the form, ante, 180, No. 1, to the daggert, mentioning the sheriff in the third person, and then thus :) and in what manner he should have executed that our writ, he should make appear to us (or in C. P. "to our justices,” or in Erch.to our barons,"] at Westminster, immediately after the execution thereof (or “on —

-"], under his seal, and the seals of those by whose oath he should have made the extent and appraisement: And our said sheriff of day"], returned to us, (or in C. P. “ to our said justices," or in Exch. to our said barons,"] at Westminster aforesaid, that the said C. D. had no goods or chattels, nor any lands or tenements, rectories, tithes, rents, or hereditaments, in his bailiwick, whereof he could cause to be levied the damages (or “ debt and damages”] and interest aforesaid, or any part thereof. Whereupon, on the behalf of the said A. B. it is testified in our said court, that the said C. D. hath divers goods and chattels, and also divers lands, tenements, rectories, tithes, rents, and hereditaments, in your baili wick, whereof you may cause to be levied the said damages Cor" debt and damages") and interest as aforesaid: And the said A. B. hereupon comes into our said court, and, according to the form of the statutes in such case made and provided, chooses 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 entered up, or at any time afterwards, or over which the said C. D. on the said — day of — [day on which judgment was entered up), or at any

(a) A testatum writ is unnecessary, venue is laid without a testatum clause; An elegit may be awarded into a dif- I Chit. Ar. Pr. 444. ferent county from that in which the

day of

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 £4

per
centum per annum,

from the -day of — (the day on which the judgment was entered up, or in case the judgment was entered up prior to the 1st October, 1838, say," from the 1st day of October, A.D. 1838,"] A. D. shall have been levied. Therefore we command you, that without delay you cause to be delivered (&c. as in the form, ante, 180, No. 1, to the daggert, and then thus :] And in what manner you shall have executed this our writ make appear to us (or in C. P.to our said justices," or in Erchequer, " to our said barons,'') at Westminster, immediately after the execution hereof (or “on -"] 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. or Erch. omit the word " then'] this writ. Witness - (name of chief justice or chief baron) at Westminster, the

in the year of our Lord

(Indorse it as a fi. fa, us directed, ante, 149, No. 1.] 11. Award of several I'rits of Elegit into different Counties, and on

Sheriff's not executing them, awurd of other Writs. And hereupon the plaintiff

, according to the form of the statute in such case made and provided, chooses to be delivered to him all the goods and chattels of the defendant, 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 the counties of Y. and L. 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 entered up, or at any time afterwards, or over which the said C. D. on the said = day of

- [day on which 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 £the rate of £4 per centum per annum, from the

day of

(the day on which the judgment was entered up, or in case the judgment was entered up prior to the 1st October, 1838, say, " from the 1st day of October, A. D. 1838,"] A. D. shall have been levied: And the plaintiff prays the several writs of the lady the queen thereupon, to be directed to the sheriffs of Y. and L. severally, in form aforesaid ; and they are granted to him, returnable before the said lady the queen at Westminster, (or in C.P." before the justices here,” or in Erchequer, “ before the barons here,"] immediately after the execution hereof (or “on -"]; the same time (or “ day") is given to the plaintiff at the same place (or in C. P. or Exchequer, “here," &c.] And afterwards, to wit, on - [or “ at which day,"] before the said lady the queen at Westminster, comes (or in C. P. or Érch.“ comes here”) the plaintiff in his proper person ; and the sheriffs of Y. and L. aforesaid did not send the several writs afore

at

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