before the barons of our Exchequer at Westminster, immediatety 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 the barons of our Exchequer at Westminster, recovered against him, as also £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 by inspecting the rolls of our said Exchequer appears to us, together with interest [&c. as in form, ante, 191, No. 2, to the end.]. [Indorse it as directed with respect to the ca. sa. ante, 190.] 5. Ca. sa. in Covenant. 66 [Same as the ca. sa. in assumpsit, ante, 190, 191, Nos. 1 and 2 respectively, except that instead of the words "on occasion of not performing certain promises made by the said C. D. to the said A. B." say on occasion of the breach of a certain covenant (or certain covenants') made between the said A. B. and the said C. D.] 6. Ca. sa. and Distringas in Detinue. [A ca. sa. may be readily framed from the fi. fu, and distringas in detinue, ante, 152, 153, No. 7, 8, and the preceding forms.] 7. Ca. sa. in Case or Trover. 66 [Same as the ca. sa. in assumpsit, ante, 190, 191, Nos. 1 and 2 respectively, except that instead of the words "on occasion of not performing certain promises made by the said C. D. to the said A. B." say, on occasion of a certain grievance (or certain grievances') then lately committed by the said C. D. to the said A. B."] 8. Ca. sa. in Trespass. [Same as the ca. sa. in assumpsit, ante, 190, 191, Nos. 1 and 2 respectively, except that instead of the words "on occasion of not performing certain promises made by the said C. D. to the said A. B." say "on occasion of a certain trespass (or "certain trespasses') then lately committed by the said C. D. to the said A. B."] 9. Ca. sa. where one Issue is found for Plaintiff and another for Defendant. [Same as in ordinary cases where the judgment is for plaintiff or defendant alone.] 10. Ca. sa. where one Defendant is found guilty and another acquitted. [If the ca. sa. be for the plaintiff, it is the same as in ordinary cases where there is a verdict for plaintiff only, see ante, 190, 191, Nos. 1 and 2: and if the ca. sa. be for the defendant, it is the same as in ordinary cases where there is a verdict for defendant only. See form, post, 202, No. 4.] 11. Ca. sa. in Q. B. or C. P. in Vacation on Verdict for Plaintiff, the Judge having certified under 1 Will. 4, c. 7, s. 2, that such Writ ought to issue. [Same as in the fi. fa. ante, 154, No. 15, to the asterisk*, and then thus:] Therefore we command you that you take the said C. D. if he shall 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 the said A. B. for the said sum of £-, together with interest [&c. as in form, ante, 190, No. 1, to the end.] [Indorse it as directed with respect to the ca. sa. ante, 190.] [See 1 Chit. Ar. Pr. 289, 397.] 12. The like, in Exchequer. [Same as in the fi. fa. ante, 154, No. 15, 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 take the said C. D. if he shall 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 the said A. B. for the said sum of £ -, together with interest [&c. as in form, ante, 191, No. 2, to the end.] [Indorse it as directed with respect to the ca. sa. ante, 190, No. 1.] 13. Ca. sa. in Assumpsit, in Q. B. or C. P. after a Levy of Part, under a Fi. Fa. Victoria [&c. as ante, 190, No. 1,] to the sheriff of greeting: Whereas by our writ we lately commanded you that you should cause to be made of the goods and chattels in your bailiwick of C. D. the sum of [&c. as in the fi. fu. to the words] whereof the said C. D. was convicted, as appeared to us of record, [in C. P. omitting “as appeared to us of record,"] together with interest [&c. as in the fi. fa.], and that you should have that money before [&c. as in the fi. fa.], and that you should have there then [in C. P. omit the word "then"] that writ: And you on [or "at that day"] returned to us, [or in C. P. "to our justices,"] at Westminster aforesaid, that by virtue of the said writ you had caused to be made of the goods and chattels of the said C. D. £, parcel of the damages and interest aforesaid, which said money you had ready at the time [or "day"] and place in the said writ contained, as by the said writ you were commanded; and that the said C. D. had 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 your bailiwick, which you could seize or take, or pay or deliver to the said A. B., or whereof you could cause to be made the residue of the said damages, and interest, or any part thereof, according to the exigency of that writ. [Let this agree with the return.] Therefore we command you that you take the said C. D. if he shall 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 the said A. B. for £- -, residue of the damages and interest as aforesaid, and have you 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 [Indorse it as directed with respect to the ca. sa. ante, 190, No. 1.] K 14. The like, in Exchequer. [Same as in the fi. fa. in the Exchequer, after a levy of part, ante, 156, No. 18, to the end of the return, 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 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 the said A. B. for £————, residue of the damages and interest as aforesaid, and have there this writ. Witness (name of chief baron), the day of in the year of our Lord [Indorse it as directed with respect to the ca. sa. ante, 190, No. 1.] 15. Ca. sa. in debt, in Q. B. or C. P., after a Levy of Part. [Same as in the fi. fa. in debt, in Q. B. or C. P., after a levy of part, ante, 157, No. 19, to the return of the writ, and then thus:] Therefore we command take the said C. D. if he shall be found in your that you you 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 the said A. B. residue of the debt and damages and interest as aforesaid; and have you there then [or in C. P. omit the word "then"] this writ. Witness (name of chief justice), at Westminster, the in the year of our Lord day of [ Indorse it as directed with respect to the ca. sa. ante, 190, No. 1.] 16. The like, in Exchequer. [Same as the fi. fa. in the Exchequer, after a levy of part, ante, 157, No. 20, to the end of the return, 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 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 66 on- -"], to satisfy the said A. B. £-, residue of the debt and damages and interest as aforesaid, and have you there this writ. Witness (name of chief baron), at Westminster, the in the year of our Lord day of [Indorse it as directed with respect to the ca. sa., ante, 190, No. 1.] 17. Ca. sa. in Covenant, after a Levy of Part. [Same as the forms, ante, 193, et supra, No. 13, 14, respectively, except that instead of the words "on occasion of not performing certain promises made by the said C. D. to the said A. B." say, " on occasion of a breach of a certain covenant (or certain covenants') made between the said A. B. and the said C. D."] 18. Ca. sa. in Case or Trover, after a Levy of Part. [Same as the forms, ante, 193, et supra, No. 13, 14, respectively, except hat instead of the words "on occasion of not performing certain promises made by the said C. D. to the said A. B.” say on occasion of a certain grievance (or 'grievances') committed by the said C. D. to the said A. B."] 19. Ca. sa. in Trespass, after a Levy of Part. [Same as the forms, ante, 193, 194, No. 13, 14, respectively, except that instead of the words "on occasion of not performing certain promises made by the said C. D. to the said A. B." say " on occasion of a certain trespass (or certain trespasses') then lately committed by the said C. D. to the said A. B."] 20. Alias Ca. sa. 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: We command you, as before we have commanded you, that you take [&c. proceed as in the ordinary form of a ca. sa.] [See 1 Chit. Ar. Pr. 450.] 21. Pluries ca. sa. 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: We command you, as oftentimes we have commanded you, that you take [&c. proceed as in the ordinary form of a ca. sa.] [See 1 Chit. Ar. Pr. 450.] 22. Non Omittas ca sa. 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: We command you that you omit not by reason of any liberty in your bailiwick, but that you take [&c. proceed as in the ordinary form of a ca. sa.] [See 1 Chit. Ar. Pr. 450, 508.] 23. Testatum Ca. sa. 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 [Leicestershire] greeting: Whereas by our writ we lately commanded our sheriff of [Sussex] that he should take C. D. if he should be found in his bailiwick, and him safely keep, so that he might have his body before us [or in C. P. "before our justices"] at Westminster, immediately after the execution thereof [or "on"], 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 made by the said C. D. to the said A. B. [if in debt, covenant, case, or trespass, alter this as in the respective forms ante, 191, 192,] as for his costs and charges by him about his suit in that behalf expended, whereof the said C. D. was convicted, as appeared to us of record, [or in C. P. omit “as appeared to us of record,"] together with interest [&c. as in ca. sa.], and our said sheriff of [Sussex] on [or at that day"] returned to us [or in C. P. "to our justices at Westminster"], that the said C. D. was not found in his bailiwick. Whereupon, on the behalf of the said A. B., it is testified in our said court that the said C. D. wanders up and down and secretes himself in your county; therefore we command you that you take the said C. D., if he shall 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 the said A. B. for his damages [or "debt and damages"] and interest as aforesaid, and have you 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 [Indorse it as directed with respect to the ca. sa. ante, 190, No. 1.] [See 1 Chit. Ar. Pr. 450.] 24. Testatum Ca. sa. in Exchequer. Victoria, [&c. as ante, 195, No. 23,] to the sheriff of [Leicestershire], greeting: Whereas by our writ we lately commanded our sheriff of Sussex] that he should not omit by reason of any liberty of his county, but that he should enter the same and take C. D. wheresoever he should be found in his bailiwick, and him safely keep, so that he might have his body before the barons of our Exchequer at Westminster, immediately after the execution thereof [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 made by the said C. D. to the said A. B. [if in debt, covenant, case, or trespass, alter this as in the respective forms, ante, 191, 192] as for his costs and charges by him about his suit in that behalf expended, as by inspecting the rolls of our said Exchequer appeared to us, together with interest [&c. as in the ca. sa.]; and our said sheriff of [Sussex] on [or "at that day"] returned to the barons of our Exchequer at Westminster, that the said C. D. was not found in his bailiwick. Whereupon, on the behalf of the said A. B., it is testified in our said court, that the said C. D. wanders up and down and secretes himself in your county; therefore we command you, that you omit not by reason of any liberty in your county, but that you enter the same and take the said C. D. if he shall 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 the said A. B. for his damages for "debt and damages"] and interest as aforesaid, and have you there this writ. Witness (name of chief baron), at Westminster, the of in the year of our Lord [Indorse it as directed with respect to the ca. sa. ante, 190, No. 1.] 25. Ca. sa. into a County Palatine. day Victoria, [&c. as ante, 190, No. 1,] to the chancellor of our county palatine of Lancaster [or Durham (a),] or his deputy there, greeting: We command you, that by our writ under the seal of our said county palatine, to be duly made, and to be directed to the sheriff of our said county palatine, you cause the said sheriff to be commanded that he take C. D. if he shall (a) See as to Durham, ante, 21 n. (b). |