peared to us of record," or in C. P. omit the words “as appeared to us of record," or in Exchequer, say, as by inspecting the rolls of our Exchequer appears to us"], together with interest [&c. as in fi. fa.], and that you should have that money before [&c. as in the fi. fa.], and that you should have there [then] that writ. And you on [or "at that

day,"] returned to us, [or in C. P. " to our justices," or in the Exchequer, "to our barons,"] at Westminster aforesaid, that, by virtue of the said writ, you had caused to be made of the goods and chattels of the said A. B. £, parcel of the said sum of £-- and interest, in the said writ mentioned, which 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 A. B. 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 C. D., or whereof you could cause to be made the residue of the sum and interest in the said writ mentioned as aforesaid, or any part thereof; according to the exigency of that writ. Therefore we command you that you cause to be made of the goods and chattels in your bailiwick of the said A. B. the sum of £, residue of the said sum of £ -- and interest in the said writ mentioned; and have you that money before [&c. conclude as in the fi. fa. ante, 201, No. 1.]

3. Fi. fa. for Defendant, on Verdict for Plaintiff, for the Difference between the Taxed Costs and Sum recovered, on Stat. 43 Geo. 3, c. 46, s. 3, where the Plaintiff recovers less than the Sum for which the Defendant was held to bail.

--- greeting:

Victoria [&c. as ante, 201, No. 1,] to the sheriff' of We command you, that of the goods and chattels of A. B. in your bailiwick, you cause to be made the sum of £——, parcel of the sum of £- which lately in our court before us [or in C. P. “before our justices," or in Exchequer "before the barons of our Exchequer,"] at Westminster, were adjudged 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 in and about his defence in a certain action on [promises] lately prosecuted in our said court by the said A. B. against the said C. D., (and in which said action he the said C. D. was arrested and held to special bail at the suit of the said A. B. to the amount of the sum of £,) after deducting the sum of £-- recovered by the said A. B. in the said action, from the amount of the said sum of £; for that the said A. B. had not any reasonable or probable cause for causing the said C.D. to be arrested, and held to special bail, in such amount as aforesaid; whereof [&c. conclude as usual as in form, ante, 201.]

[See 2 Chit. Ar. Pr. Book 4, Part 1, Chap. 30.]

4. Ca. sa. on a Verdict for Defendant.

Victoria, [&c. as ante, 201, No. 1,] to the sheriff of, greeting: We command you that you take A. B., 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," or in the Exch. "before the barons of our Exchequer," at Westminster, immediately after the execution hereof, [or "] to satisfy C. D. £--, which lately in our court before us, [or in C. P." before our justices," or in the Exch. "before our barons,"]

66 on

at Westminster, were awarded to the said 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 action was] lately prosecuted in our said court by the said A. B. against the said Č. D., whereof the said A. B. is convicted, as appears to us of record, [or in C. P. omit "as appears to us of record," or in the Exch. say, 66 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 [day on which judg

ment was entered up, or if entered prior to 1st Oct. 1838, then 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 then [or in C. P. or Exchequer, omit the word "then"] this writ. Witness (name of chief justice or chief baron), at Westminster, the

in the year of our Lord

day of

[Indorse this writ: "Levy the whole, (or 'levy £—,) and interest from 1840.] The plaintiff is a (tailor,) and resides at (Brentford.) D. A. (Temple,) defendant's attorney, 1840." As to when you may indorse the writ to levy poundage and expenses, &c. see 1 Chit. Ar. Pr. 456, and see form of indorsement, ante, 201, No. 1.]

5. Ca. sa. on Verdict for Defendant, after a Levy of Part. [Same as in the form, ante, 201, No. 2, to the asterisk*, and then thus:] Therefore we command you that you take the said A. B. 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," or in the Exch. "before our barons,"] at Westminster, immediately after the execution hereof, [or "on -"] to satisfy the said C. D. £, residue of the said sum of £- "" and interest, in the said writ mentioned; and have you there then [or in C. P. or Exch. omit the word "then"] this writ. Witness (name of chief justice or chief baron), at Westminster, the

day of, in the

year of our reign.

[Indorse it as directed with respect to the ca. sa. supra.]

SECTION V.

ENTRY OF SATISFACTION ON THE ROLL.

1. Warrant of Attorney to acknowledge Satisfaction. To E. F., G. H. and J. K. attornies of the Court of Queen's Bench, [or "Common Pleas," or Exchequer of Pleas,"] at Westminster, jointly and severally, or to any other attorney of the same

court.

on the

day of

A. D.

Whereas I A. B. of obtained final judgment in her majesty's Court of Queen's Bench, [or "Common Pleas," or " Exchequer of Pleas,"] at Westminster, against C. D. of for f debt, and £ costs, [or "for £

damages and costs,"] as by the record thereof may appear; and whereas I the said A. B. have received satisfaction for the same; these are therefore to desire and authorise you the attornies above-named, or any one of you, or any other attorney of the same court, to acknowledge and enter satisfaction upon the record of the said judgment; and for your so doing this shall be your sufficient warrant and discharge in that behalf. In witness whereof I have hereunto set my hand and seal the

-, in the year of our Lord 1840. Sealed and delivered in my presence, W. W.

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

2. Satisfaction-piece in Q. B.

term, in the Victoria.

day of

A. B.

year of the reign of Queen Ellenborough.

to wit. Satisfaction is acknowledged between A. B. plaintiff and

C. D. defendant, in an action on promises for £[or "in an action of debt for £- debt, and £ Judgment entered on the

B.

V.

P. A. attorney,

1840.

damages and costs, damages, &c."]

day of - A.D.

Roll

[See 1 Chit. Ar. Pr. 457.]

3. Judge's Fiat, for entering Satisfaction, in C. P.

Upon reading the warrant of A. B. the plaintiff in this action, and upon hearing the attornies or agents on both sides, I order D. S that the masters do enter satisfaction upon the record in this action.

Dated the

day of

in the

Afterwards, to wit, on - in the year of the reign of the lady the queen, before the said lady the queen at Westminster, comes [or in C. P. or Exchequer, "afterwards, to wit, on year of the reign of the lady the queen, comes here"] the said A. B. by his attorney aforesaid, [or "by P. A. his attorney in this behalf,”] and acknowledgeth himself to be satisfied by the said C. D. of the damages, costs, and charges aforesaid [or in debt, "of the debt and damages aforesaid :] therefore let the said C. D. be thereof acquitted, &c.

[See 1 Chit. Ar. Pr. 457.]

day of —, A. D.

before our

his at

5. Entry of Satisfaction in Roll in Q. B. after Death of Plaintiff. Afterwards, to wit, on the lady the queen at Westminster, comes the said C. D. by torney, and the said A. B. comes not, and hereupon E. F. and G. H. by their attorney, appointed and constituted by special warrant to them in that behalf directed, and by leave of sir -, one of her majesty's justices of the court of - come here into court and give the said court here to understand and be informed, that after the giving of the judgment aforesaid, to wit, on the day of ——, A. D. — in the county of —, the said A. B. died, having first duly made and published his last will and testament in writing, bearing date the

day of

A. D. 1840, and whereby he appointed the said E. F. and G. H. executors thereof: after whose death, to wit, on the said day of, A. D.

in the county aforesaid, the said E. F. and G. H. duly proved the said last will and testament, and took upon themselves the burden of the execution thereof: and which premises the said C. D. doth not deny, but he admits the same to be true. And hereupon before our lady the queen at Westminster, the said E. F. and G. H., by their attorney aforesaid, acknowledge themselves, as executors as aforesaid, to be satisfied by the said C. D. of the damages [or "debt and damages"] aforesaid. Therefore let the said C. D. be thereof acquitted, &c.

BOOK I.

PART II.

BAILABLE PROCEEDINGS.

1. Affidavit to hold to bail, 206.

2. Judge's Order to hold to bail, 227.

3. Discharge of the Defendant from custody, &c., ib.

4. Process, &c., ib.

5. The Arrest, Bail-bond, &c., 231.

6. Proceedings against the Sheriff, 235.

7. Proceedings on the Bail-bond, 239.

8. Setting aside Proceedings against the Sheriff or on the Bail-bond, 242.

9. Bail put in and justified in Town, 247.

10. Bail put in in the Country, 261.

11. Bail put in and justified when Defendant in custody, 264.

12. Paying Money into Court in lieu of Bail, 267.

13. Proceedings by and against Bail, 268.

I. AFFIDAVIT TO HOLD TO BAIL.

1. Affidavit by the Plaintiff.

In the Q. B. [or "C. P." or "Exch. of Pleas” (a).]

A. B. plaintiff,

Between

and C. D. defendant (b).

A. B. (c) of (d) the above-named plaintiff, maketh oath and saith that C. D. (e) the defendant in this suit, before and at the time of the commencement of this suit, was and still is justly and truly in

(a) The title of the court in which the action is brought; and as to which title see 1 Chit. Ar. Pr. 484.

(b) The title of the cause in which the arrest is made; as to which see 1 Chit. Ar. Pr. 484.

(c) The party making the affidavit. It may be made by the plaintiff, or by one of several partners, or by any agent, clerk or third person, who is

a competent witness, and who can swear to the debt; and see in general 1 Chit. Ar. Pr. 496, and the Forms, post, 209.

(d) The deponent's addition and place of abode; and as to which see 1 Chit. Ar. Pr. 485.

(e) The christian and surname of the defendant at length; and as to which see 1 Chit. Ar. Pr. 485.