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be found in his bailiwick, and him safely keep, so that you may have his body before [&c. proceed and conclude as in the ordinary form of a ca. sa.; see forms, ante, 190, 191.]

26. Alias or Pluries Ca. sq. to a County Palatine. Victoria, &c. to the chancellor [&c. as in preceding form.) We command you, as before (or if a pluries, as oftentimes"] we have commanded you, that by our writ, [&c. proceed as in preceding form.]

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27. Testatum Ca. sa. to a County Palatine. Victoria, &c. [as ante, 196, No. 25,) greeting: Whereas we lately commanded our sheriff of [Middlesex) 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 [&c. as in the ca. sa. to the words], whereof the said C. D. Fas convicted, as appeared to us of record, [or in C. P. omit" as appears to us of record,” or in Erch. say, "as by inspecting the rolls of our Exchequer appears to us,"] together with interest [&c. as in the ca. sa. and our said sheriff of (Middlesex] on [or at that day,"] returned to us (or in C. P. to our justices,” or in Erch." 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 our said county palatine; therefore 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 be found in his bailiwick, and him safely keep, so that you may have his body before [&c. conclude as in the ordinary form of a ca. sa., see forms, ante, 190, 191.]

28. Testatum Ca. sa. from a County Palatine. Victoria, [&c. as ante, 190, No. 1,] to the sheriff of [Middlesex], greeting: Whereas we lately commanded our chancellor of our county palatine of Lancaster (or “ Durham,” (a)](according to the direction of the ca. sa.), 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, he should cause the said sheriff to be commanded that he should take C. D. if he might be found in his bailiwick, and him safely keep, so that he might have his body before [&c. as in the ca. sa. if in Q. B. to the words “ whereof the said C. D. was convicted, as appeared to us of record, or in C. P.to the words whereof the said C. D. was convicted,” or in Exch. to the words “as by inspecting the rolls of our Exchequer appeared to us”), together with interest (&c. us in the ca. sa.] And our said chancellor of our said county palatine (or the person by whom the return was made) on (or “at that day"] returned to us (or in C. P." to our justices,” or in Erch.to our barons"] at Westminster, that by virtue of the said writ to him directed, he had, by another writ under the seal of our said county palatine duly made and directed to the sheriff of the said county palatine, commanded the said sheriff as by the said first-mentioned writ he was commanded; and which said sheriff, in answer to the said writ so directed to him as aforesaid, had returned to our said chancellor of our said county palatine (or the person by whom the return if any was mude), that the said C. D. was not found in his bailiwick. Whereupon, on the behalf of the said A. B., it is testified in

(a) See as 1o Durham, ante, 21, n. (b).

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 xe. conclude as in the ordinary testatum ca. st., see ante, 195, 196, No. 23, 24.]

29. Ca. sa. to a County Palatine, after a Levy of Part under

a Fi. Fa. [Proceed as in the fi. fa. ante, 156, No. 17, 18, to the asterisk, and then thus :] Therefore 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 the said C. D. if he may be found in his bailiwick, and him safely keep, so that you may have his body before us (or in C. P. “ before our justices,” or in Exch. " before our barons"] at Westminster, immediately after the execution hereof, (or “on—,"] to satisfy the said A. B. £-, residue of the damages (or “ the debt and damages"] and interest as aforesaid ; and have you there then (or in C. P. or Erch. omit the word then”] this writ. Witness (nume of chief justice or chief baron), at Westminster, the

in the year of our Lord

- day of

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[Indorse it as directed with respect to the ca. s., ante, 190, No. 1.]

30. Warrant on a Ca. sa. (to wit.) S. S. esq. sheriff of the said county, to B. B. my bailiff, greeting : By virtue of her majesty's writ to me directed and delivered, I command you, that you (if in Exch. say, " omit not by reason of any liberty in my county, but that you enter the same and"] take C. D. where soever he may be found in my bailiwick, and him safely keep, so that I may have his body before the barons of her majesty's Exchequer, (or in Q. B. “ before our lady the queen,

," or in C. P. “ before the justices of our lady the queen,"] at Westminster, immediately after the execution hereof, (or “on >''] to satisfy A. B. of 211. 11s. 6d. which the said A. B. in her majesty's court, before the barons of her majesty's Exchequer, (or in Q. B. "before the queen herself,” or in C. P. “ before the justices aforesaid,"] at Westminster, recovered against him for his damages which he sustained by reason of not performing certain promises (as the form of action is) by the said C. D. to the said A. B. lately made, whereof the said C. D. is convicted, together with interest [&c. as in the ca. sa.:] and have you this warrant, and fail not at your peril. Given under the seal of my office the

By the Sheriff. Mr. P. A. attorney for the plaintiff.

(Seul of office.) The writ issued the

Take no bail whatever.

day of

A.D.

day of

31. Supersedeas to a Ca. sa. irregularly issued. Victoria, [&c. as ante, 195, No. 23,] to the sheriff of —, greeting: Whereas we lately commanded you by our writ, that you [&c. reciting the writ of ca. sa. to the words appears to us"), as in the said writ is more fully contained : Nevertheless, because after the issuing of the said writ, it appeared to the court of our lady the queen before the queen herself

, for in C. P." to the justices of our lady the queen,” or in Erch. to the barons of our said Exchequer"] at Westminster aforesaid, that the said writ

was issued erroneously, therefore we command you, that if the said C. D. be detained in your custody for that cause and no other, then you suffer him to go at large, as you will answer the contrary at your peril. Witness

(name of chief justice or chief baron), at Westminster, the day of in the year of our reign.

[See 1 Chit. Ar. Pr. 417.]

32. Return of Cepi Corpus (a). I have taken the within-named C. D. whose body I have ready, at the time (or "day"] and place within contained, as within I am commanded.

The answer of S. S. sheriff.

33. Return of Non est inventus (a). The within-named C. D. is not found in my bailiwick.

The answer of S. S. sheriff.

34. Return of Cepi Corpus as to one Defendant, and Non est inventus

as to another (a). I have taken the within-named C. D. whose body I have ready, at the time (or “ day"] and place within contained, as within I am commanded; but the within-named E. F. is not found in my bailiwick.

The answer of S, S. sheriff.

35. Return of Languidus, &c. (a). By virtue of this writ to me directed, I took the within-named C. D. at a dwelling-house, situate in the parish of - in my county, and afterwards removed him, with great difficulty, to another dwelling-house, situate in the parish of in my said county ; but the said C. D. was then so aged, sick and ill, and in so weak, infirm, and debilitated a state, that he could not be taken or removed from the said last-mentioned dwelling-house, to the common goal of my said county, without great peril and danger of his life; and that he the said C. D., for the cause aforesaid, remained and continued, and still remains and continues in my custody in the said last-mentioned dwelling-house, so aged, sick and ill, and in such a weak, infirm and debilitated state as aforesaid, that I cannot, without peril and danger of his life, have the body of the said C. D. before our said lady the queen, (or in C. P." before the justices of our said lady the queen," or in Exch. “ before the barons of her majesty's Exehequer,"] at the time (or “ day”] and place within contained, as within I am commanded.

The answer of S. S. sheriff. [See 1 Chit. Ar. Pr. 453, and see a form of return of languidus, &c. by the late and present sheriff, Tidd's Forms, 389.]

36. 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 take and arrest the within-named C. D, which said bailiff hath the full return of all writs and process,

(a) As to these returns, see 1 Chit. Ar. Pr. 453, 410.

and the execution of the same within the liberty aforesaid, so that no execution of this writ can be made by me within the said liberty, which said bailiff hath not yet given me any answer thereto, [or “ hath answered that the within-named C. D. is not found in his bailiwick," or “ that he hath taken the within-named C. D. whose body he hath ready.")

[See 1 Chit. Ar. Pr. 454.]

day of

66

on

37. Entry and Award of Ca. sa. Alias and Testatum. [To the end of the entry of the judgment, and then thus :) Afterwards, to wit, on the

the plaintiff comes here into court, by his attorney aforesaid, and prays the writ of the lady the queen of capias ad satisfaciendum, to be directed to the sheriff of —, commanding him, that he take the defendant if he be found in his bailiwick, and him safely keep, so that be may have his body before the said lady the queen (or in C. P.“ before the justices of our lady the queen," or in Erch.before the barons of our lady the queen of her Exchequer,"] at Westminster, immediately after the execution thereof Lor -"], to satisfy the plaintiff his damages (or “ debt and damages”] aforesaid, together with interest [&c. as in ca. sa.]; and it is granted to him &c.: the same time (or "day"] is given to the plaintiff at the same place : And afterwards, to wit, on (or “ which day"}, before the 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, now here, returns to the said lady the queen (or in C. P.“ to the said justices," or in Exch.to the said barons,"] at Westminster aforesaid, that the defendant is not found in his bailiwick: Whereupon the plaintiff prays another writ of the said lady the queen of capias ad satisfaciendum, to be directed to the said sheriff of

commanding him in form aforesaid; and it is granted to him, returnable before the said lady the queen, (or in C. P.“ before the said justices,” or in Erch. 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: And afterwards, to wit, on (or “ at which day"], before the 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 hath not sent the said last-mentioned writ, nor hath he done any thing thereupon : Whereupon, on behalf of the plaintiff

, it is sufficiently testified in the said court, that the defendant runs up and down and secretes himself in the county of -; and thereupon the plaintiff prays the writ of the said lady the queen of testatum capias ad satisfaciendum against the defendant, to be directed to the sheriff of the said county of

commanding him in form aforesaid ; and it is granted to him, returnable before the said lady the queen (or in C. P. “ before the said justices," or in Erch. " 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 time.

66

V. EXECUTION, FOR THE DEFENDANT.

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1. Fi. fa. on a Verdict for Defendant. 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 cause to be made of the goods and chattels in your bailiwick of A. B., the sum of £—, which lately in our court before us (or in C. P.“ before our justices,” or in the Erchequer, “ before the barons of our Exchequer,"] at Westminster were awarded to C. D. according to the form of the statute in such case made and provided", for his costs and charges by him laid out and expended about his defence in a certain action on promises, (or as the cause of action was,] lately prosecuted in our said court by the said A. B. against the said C. D., whereof the said A. B. is convicted, as appears to us of record, [or in C. P. omit the words “ as appears to us of record,” or in the Erchequer say, as by inspecting the rolls of our Exchequer appears to us,"] together with interest on 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 the 1st day 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 that money before us (or in C. P. " before our justices,” or in Erchequer, “before our barons”) at Westminster, immediately after the execution hereof (or “on -"], to render to the said C. D. for his costs and charges and interest aforesaid (or in Erchequer instead of the words "render" &c. say, “ to be then and there paid to the said C. D. or his attorney'], and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf, and in what manner you shall have executed this our writ make appear to us at Westminster immediately after the execution thereof, and have there then (or in C. P. or Exchequer, omit the word " then"] this writ. Witness (nume of chief justice or chief buron), at Westminster, the of our Lord

[Indorse this writ: “ Levy the whole (or • levy £>') [besides sheriff's poundage, officers' fees, and all other incidental expenses ().] The plaintiff is a (tailor,) and resides at (Brentford.) D. A. (Temple,) defendant's attorney,

1840."]
[See 1 Chit. Ar. Pr. 456.]

day of

in the year

2. The like, after a Levy of Part. Victoria, [&c. as supra,] 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 A. B. the sum of [&c. as in the fi.fu. supra, to the words “ whereof the said A. B. was convicted, as ap

(a) These cannot legally be levied pressly agrees that they may be levied in case of an execution against a in consideration of forbearance or the plaintiff, see 1 Chit. Ar. Pr. 456 ; like. excepi, perhaps, where plaintiff ex

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