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said to them thereupon severally directed, nor did either of them send the writ aforesaid to him thereupon directed, nor do any thing thereupon : Therefore, as before, the plaintiff prays the several other writs of the said lady the queen, to be directed to the sheriffs of Y. and L. aforesaid severally, in form aforesaid, and they are granted to him, returnable [&c. as supra); the same time (or “ day'] is given to the plaintiff at the same place or in C. P. or Erchequer, here," &c.]

[See 1 Chit. Ar. Pr. 444.]

12. Award of Re-elegit. Afterwards, that is to say, on (the teste of the second writ,) before the lady the queen at Westminster, comes (or in C. P. or Exchequer, " at which day comes here"] the plaintiff by his attorney aforesaid, and gives the court here to understand and be informed, that the defendant on the day of — in the - year of the reign of our said lady the queen (being the day on which the judgment aforesaid was given), had, and still hath, divers other lands, tenements, rectories, tithes, rents, and hereditaments, in the said county, besides those which are mentioned in the return to the said writ; which said other lands, tenements, rectories, titbes, rents, and hereditaments, the defendant ought also to have in execution for the more speedy recovery of his damages (or “ debt and damages") and interest aforesaid: and the plaintiff humbly prays and chooses the same to be delivered to him accordingly, to hold to him and his assigns, according to the nature and tenure thereof respectively, according to the form of the said statutes, until the damages (or " debt and damages") and interest aforesaid shall be thereof fully levied; and he prays the writ of the said lady the queen thereupon, to be directed to the sheriff of the said county of — and it is 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 thereof (or “ on -"); the same time (or “ day"] is given to the plaintiff at the same place (or in C. P. or Erchequer, here," &c.]

[See 1 Chit. Ar. Pr. 446.]

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13. Writ of Re-elegit. Victoria, [&c. as unte, 180, No. 1,] to the sheriff of greeting Whereas A. B. lately in our court [&c. recite the first writ:] And you

[or" on that day") returned to us (or in C. P. " to our said justices," or in Erch. “ to the barons of our said Exchequer"], at Westminster, a certain inquisition, indented, taken before you at

- day of last past, by the oath [&c. as ante, 183, No. 7,] whereby it is found [&c. reciting the return in the past tense :) And because we are now given to understand in our said court, that the said C. D. at the time of giving the judgment aforesaid, and afterwards, had and still hath divers other lands, tenements, rectories, tithes, rents, and hereditaments in your bailiwick, besides those which are mentioned in the return above set forth, which said other lands, tenements, rectories, tithes, rents, and hereditaments the said A. B. ought also to have in execution, for the more speedy recovery of his damages (or “ debt and damages") and interest aforesaid : therefore the said A. Ž. hath humbly besought us, that he may so have them, according to due course of law: Therefore we command you, that you cause to be delivered to the said A. B. in the presence of the said C. D. to be warned on that occasion, if he will attend, all the other lands, tenements, rectories, tithes, rents, and hereditaments of the said C. D. in your bailiwick, as well as those before extended in’execution, for the payment of the damages (or “ debt and damages"] and interest aforesaid; to hold to the said A. B. and his assigns, according to the nature and tenure thereof, according to the form of the statutes aforesaid, until the damages (or “debt and damages"] and interest aforesaid shall be thereof fully levied : And in what manner you shall have executed this our writ (&c. conclude as in form, ante, 180, No. 1, in Q. B.or C. P., or us ante, 181, No. 2, in Exchequer.]

[See 1 Chit. Ar. Pr. 446.]

14. Entry of quashing Inquisition, for Defects therein, and Award of new

Writ of Elegit. Afterwards, that is to say, on _, (the teste of the second writ) before the said lady the queen at Westminster, comes (or in C. P. or in Erch. “ at which day comes here,"] the plaintiff by his attorney aforesaid, and shows to the court here, that the inquisition aforesaid, by the said sheriff in form aforesaid taken and returned upon the said writ of elegit, is uncertain, insufficient, and bad in law, in this, to wit, (that the premises therein stated to be delivered by the said sheriff to the plaintiff as a true and equal moiety of all and singular the lands and tenements of the defendant in the county of — aforesaid, are not in and by the said inquisition set out by metes and bounds, nor otherwise described with convenient certainty, so that the plaintiff could have and hold the said moiety as his freehold, to him and his assigns, according to the form of the writ aforesaid (a).] Therefore the plaintiff prays, that for the defect aforesaid, as well the said writ of elegit as the inquisition aforesaid, in form aforesaid taken and returned, be vacated, annulled, and altogether holden for nothing; and that another writ of the said lady the queen may be issued, and directed to the sheriff of the county aforesaid : And thereupon the aforesaid writ and return being seen, and by the court here fully understood, it appears to the said court here, that the allegation aforesaid of the plaintiff is true, and that the inquisition aforesaid is uncertain, insufficient, and bad in law : Therefore it is considered, that as well the aforesaid writ of elegit, as the inquisition aforesaid, by the said sheriff, by virtue of the said writ, in form aforesaid taken and returned, be vacated, annulled, and altogether holden for nothing: And thereupon the plaintiff by his attorney aforesaid, according to the form of the statute in such case made and provided, chooses, as before, to be delivered to him all the goods and chattels [&c. conclude as ante, 184, No. 9.]

[See 1 Chit. Ar. Pr. 446.]

15. Entry of Award of Fieri Facias and Levy of Part, and Award of

Elegit for the Residue. [To the end of the entry of the judgment, and then thus :) Afterwards, that is to say, on

, (teste of the fieri fucias,) before the said lady the queen at Westminster, comes (or in°C. P. or Erchequer, " at which day comes here"] the plaintiff 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 [&c. as in the fi. fa. to the words

(a) This objection is given merely as an example.

“ entered up']: and it is granted to him, returnable before the said lady the queen at Westminster, (or in C. P. “ before the justices here,” or in Erch. “ 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 in Erch. “ 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 E.rch.“comes here") the plaintiff by his attorney aforesaid; and the sheriff, to wit, S. S. esquire, sheriff of the county of

aforesaid, now here returns to the said lady the queen at Westminster, (or in C. P. “ to the said justices here,” or in Erch. “ to the barons here,"] that by virtue of the said writ to him directed, he has caused to be made of the goods and chattels of the defendant in his bailiwick £— parcel of the damages (or "debt and damages") and interest aforesaid: which money he has ready at the day and place in the said writ contained, to render to the plaintiff for so much of his damages [or " debt and damages") and interest aforesaid, as by the said wriť he is commanded; and that the defendant has 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 be can cause to be made the residue of the damages (or “ debt and damages"] and interest aforesaid, or any part thereof: And for having execution of the said residue of the said damages (or “ debt and damages") and interest, the plaintiff afterwards, that is to say, on (&c. teste of the eleyit], comes before the said lady the queen at Westminster, (or in C. P. or Erch. “ comes here,"] 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 (&c. as in form, ante, 184, No. 9,] to hold, &c. (as in form, ante, 181, No. 1, to the asterisk*, ] until £- residue of the damages (or "debt and damages") and interest aforesaid, shall have been levied: and he prays the writ {&c. conclude as in form, ante, 187,

No. 12.]

[or

16. Elegil for the Residue, after a Fieri Facias. Victoria [&c. as ante, 180, No. 1,] to the sheriff of greeting : Whereas A. B. lately in our court [&c. proceed us in a common elegit, as in forms, ante, 180, 181, No. 1, 2, to the words “ whereof,” &c.) and whereupon by our writ we lately commanded you, that of the goods and chattels (&c. recite the fieri fucius us ante, 156, No. 17, 18]: and you on

at that day,"] returned (&c. recite the return, as ante, 156, No. 17, 18]: and afterwards the said A. B. came into our court before us (or in C. P. “ before our justices,or in Exch. “ before the barons of our Exchequer,"] at Westminster aforesaid, and 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 [&c. as ante, 185, No. 10, to the words“ and his assigns," and then thus :7 according to the form of the statute in such case made and provided, until .- residue of the damages (or “ debt and damages") and interest aforesaid, should be thereof fully levied : Therefore we command you [&c. proceed as in a common elegit, ante, 180, to the words “to him and to his assigns”] until the said £- -, residue of the damages (or “ debt and damages,"] together with interest as aforesaid, shall have been levied: And in what manner you shall have executed this our writ (&c. in Q. B. conclude as in form, ante, 180, No. 1, or in C. P. as in form, ante, 181, No. 2, in Exchequer.]

[See 1 Chit. Ar. Pr. 438, 447.]

17. Il'arrant to take the Defendant's Goods on Elegit.

to wit. S. S. esquire, sheriff of the said county of — to B. B. &c. my bailiffs, greeting: By virtue of her majesty's writ of elegit to me directed, I command that without fail you jointly or severally seize and take all the goods and chattels of C. D. (except oxen and beasts of the plough,) in my bailiwick, so that I may, by reasonable price, cause the same to be delivered to A. B., to hold to the said A. B. as his proper goods and chattels, and forthwith certify the same to me, so that I certify our lady the queen (or in C. P.to the justices of our lady the queen, or in Exchequer, " to the barons of her majesty's Exchequer,"] thereof at Westminster, at the time appointed for the return of the said writ.

Fail not at your peril. Given under my hand and seal of office. [Seal of office.]

By the sherift.

III. LEVARI Facias. [See 1 Chit. Ar. Pr. 238; Tidd's Forms, 406, &c.; 10 Wentro. 340. Ercept in the case of outlawry this writ is completely superseded in pruetice by the urit of elegit.]

IV. CAPIAS AD SATISFACIENDUM.

66

on

1. Ca. su. in Assumpsit, in Q. B. or C. P. Victoria, by the grace of God of the united kingdom of Great Britain

Ireland queen, defender of the faith, to the sheriff of -, greeting (a): We command you that you take C. D., if he shall be found in your bailiwick, and him safely keep, so that you have his body before us (or in C.F. “ before our justices,"] at Westminster, immediately after the execution hereof (or

"], to satisfy A. B. for £-, which in our court before us, (or in C. P. " before our justices,"] at Westminster, were awarded to the said A. B. for his damages which he sustained, as well on occasion of not performing certain promises (or “ a certain promise," as in the judgment,) made by the said C. D. to the said A. B., 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

-[the day on which judgment was entered up, or if ettered up before the 1st of October 1838, say, from the first day of October, A.D. 1838," und omit the words on which day the judgment aforesaid was entered up,"] A.D. — on which day the judgment aforesaid was entered up: and have you then (or in C. P. omit the word " then") there this writ. Witness (name of chief justice), at Westminster, the day of

-, in the year of our Lord [Indorse it thus : " Levy the whole (or • levy £- -') and interest at £4 per cent. from 1839. The defendant is a (tailor), and resides

(a) See the different directions of writs, ante, 20, note (a).

street.

at No.

P. A. (Temple), plaintiff's attorney, the

As to when you may indorse it, to levy poundage or expenses, &c. see ! Chit. Ar. Pr. 416; and see form of such indorsement, anle, 149.]

[See 1 Chit. Ar. Pr. 448.]

day of

A.D.

2. The like, in Exchequer. Victoria [&c. as unte, 190, No. 1,] to the sheriff of -, greeting : We command you, that you omit not by any liberty of your county, but that you enter the same, and take C. D. wheresoever he may be found in your bailiwick, and him safely keep, so that you may have his body before the barons of our Exchequer at Westminster immediately after the execution hereof (or “on — "), to satisfy A. B. for £-, which in our court before the barons of our Exchequer at Westminster were awarded to the said A. B. for his damages which he sustained, as well on occasion of not performing certain promises (or “a certain promise," as in the judgment,] made by the said C. D. to the said A. B., 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 £4 per centum per annum, from the

day of

--> [the day on which judgment was entered up, or if entered up before 1st of October, 1838, say, “ from the 1st day of October, A.D. 1838," and omit the words "

on which day the judgment aforesaid was entered up,"] A.D. on which day the judgment aforesaid was entered up, and have you there this writ. Wit(name of chief baron), at Westminster, the

day of in the

year of our reign. [Indorse it as directed in the ca. 8a. supra.]

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3. Ca. sa. in Debt, in Q. B. or C. P. Victoria [&c. as ante, 190, No. 1,] to the sheriff of -, greeting: We command

you
that
you

take C. D. if he may be found in your bailiwick, and him safely keep, so that you may have his body before us (or in C. P." before our justices,") at Westminster, immediately after the execution hereof, (or " on — "] to satisfy A. B. as well a certain debt of £—, which the said A. B. lately in our court before us, (or in C. P. “ before our justices,"] at Westminster, recovered against him, as also f—, which were adjudged to the said A. B. in our said court for his damages which he sustained, as well on occasion of the detaining the said debt 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 T&c. as in form, ante, 190, No. 1.] (Indorse it as directed in the ca. sa. ante, 190.]

[See 1 Chit. Ar. Pr. 448, &c.]

4. The like, in Exchequer. Victoria [&c. as ante, 190, 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 take D. wheresoever he may be found in your bailiwick, and him safely keep, so that you may have his body

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