V. THE ARREST-BAIL-BOND-DEPOSIT WITH THE SHERIFF, &c. 1. Warrant to Arrest. Middlesex (the county, &c. to the sheriff of which the writ is directed.) S. S. esquire, and J. S. esquire, sheriff of the county aforesaid. To B. B. and J. D. my bailiffs, greeting: By virtue of the queen's writ issued out of her majesty's court of Q. B. (a) [or "C. P." or " Exch. of Pleas,"] bearing date at Westminster the day of 1840, to me directed, I command you, each and every of you, jointly and severally, that you or any of you omit not, by reason of any liberty in my bailiwick (b), but that you enter the same and take C. D. if he shall be found in my bailiwick, and him sefely keep until he shall have given me bail, or made deposit with me according to law, in an action on promises [or "of debt," &c. as the action is,] at the suit of A. B., or until the said C. D. shall, by other lawful means, be discharged from my custody; and I do further command you, and each and every of you, jointly and severally, that on execution hereof you do deliver to him the copy of the said writ herewith delivered to you: And I do further command you, or any of you, that immediately after the execution hereof you do certify to me the manner in which you shall have executed the same, and the day of the execution hereof, so that I may return the same to her majesty's said court, or that, if the same shall remain unexecuted, then that you do so return this my warrant at the expiration of one calendar month from the date of the said writ, or sooner, if thereto required. Dated the day of 1840. (Seal of sheriffs.) Writ issued by P. A. of Judge's order for £—. plaintiff's attorney [or "by the said A. B. in person."] Before you arrest the defendants, beware they are not privileged, as ambassadors, or servants to ambassadors, or any otherwise privileged or protected. This warrant is allowed for one defendant, and no more; and to be executed by no bailiffs but those who have given the said sheriff security (c). Memorandum subscribed to the above-named Writ. This writ [&c. here copy the memoranda and warning as in the writ] (c). [As to this warrant, see 1 Chit. Ar. Pr. 524.] 2. Mandate to the Sheriff of the County Palatine of Lancaster. Victoria, [as in the form, ante, 228.] To the sheriff of Lancashire, greeting: We command you that you omit not by reason of any liberty in (a) It is not necessary to specify the court, Astley v. Goodjer, 2 Dowl. 619; 2 C. & M. 682; 4 Tyr. 414, S. C. (b) If the defendant reside in a district or place parcel of one county, but wholly situate in and surrounded by another-or if the writ be directed to the sheriff of the surrounding county, the form is here different. See ante, 148, n. (c). (c) These memoranda, except as to the duration of the writ, are not in the form in Tidd's Supplement of Forms, 274. if he your bailiwick, but that you enter the same and take C. D. of shall be found in your bailiwick, and him safely keep [&c. as in the writ of capias to the teste, commanding the sheriff in the second person to do what is required to be done by the writ, and the mandate is tested as follows:] Witness ourself at Lancaster, the -, in the day of year of our reign. [Let it contain the memorandum subscribed to the writ and warning, as in the preceding form.] [See 1 Chit. Ar. Pr. 509.] 3. Indorsement on Writ of Execution thereof. C. D. was arrested by me X. Y. on the within writ, on day of 1840. 一, the X. Y. If there be more than one defendant make such an indorsement for each. [See 1 Chit. Ar. Pr. 534.] 4. Bail-Bond. Know all men by these presents, that we C. D. (the defendant arrested) E. F. of and G. H. of and firmly bound to S. S. esquire, sheriff of the county of of are held in the sum (usually double the sum indorsed on the writ (a)) of lawful money of Great Britain, to be paid to the said sheriff, or his certain attorney, executors, administrators, or assigns; for which payment well and truly to be made, we bind ourselves, and each of us for himself, in the whole, our and every of our heirs, executors, and administrators, firmly by these presents, sealed with our seal. Dated the year of our Lord 1840. day of in the taken Whereas the above-bounden C. D. was on the by the said sheriff, in the bailiwick of the said sheriff, by virtue of the queen's writ of capias issued out of her majesty's court of Queen's Bench, [or " C. P." or "Exch. of Pleas,"] bearing date at Westminster the day of to the said sheriff directed and delivered, against the said C.D. [and I. K. &c. as in the writ,] in an action on promises, [or" of debt," &c. as in the writ,] at the suit of A. B. And whereas a copy of the said writ, together with every memorandum or notice subscribed thereto, and all indorsements thereon, was on the execution thereof delivered to the said C. D. And whereas he is by the said writ required to cause special bail to be put in for him in the said court to the said action within eight days after execution thereof on him, inclusive of the day of such execution. Now the condition of this obligation is such, that if the said C. D. do cause special bail to be put in for him to the said action in her majesty's said court, as required by the said writ, then this present obligation to be void and of no force, otherwise to stand and remain in full force, vigour and effect. Sealed and delivered in the presence of W. W. [See 1 Chit. Ar. Pr. 536.] 5. Assignment of, and Proceedings on. See the Forms, post, 239. (a) See 1 Chit. Ar. Pr. 537. C. D. G. H. (L. s.) 6. Affidavit for Defendant to obtain out of Court Money deposited with Sheriff in lieu of Bail. In the Q. B. [or "C. P." or " Exch. of Pleas."] A. B. plaintiff against C. D. defendant. ----- day of in —, at the D. A. of ——, attorney for the above-named defendant, maketh oath and saith, that the said defendant, on or about the stant [or "last"], was arrested by an officer of the sheriff of suit of the above-named plaintiff, by virtue of a certain writ of capias, dated, &c. issuing out of this honourable court, and indorsed for bail for L- - and that the said defendant thereupon, in lieu of giving bail to the said sheriff, deposited with the sheriff's officer aforesaid the sum of £, being the sum indorsed on the said writ, together with the sum of ten pounds, to answer costs*. And this deponent further saith, that he hath searched at the office of -, esquire, one of the masters [or "with the proper officer"] of this honourable court, and finds that the said several sums have been paid into the hands of the said last-mentioned officer, [except a deduction of -] And this deponent further saith, that bail above has since been duly put in in this action for the said defendant, and duly perfected [or, if the defendant was rendered, then, instead of the last sentence, insert the following one: "And this deponent further saith, that the said defendant hath been duly rendered in discharge of his bail in this action, at the suit of the above-named plaintiff."] D. A. Sworn [&c. ante, 207.] The motion paper for this purpose should be indorsed-To move upon the within affidavit for a rule to show cause why the defendant should not be at liberty to take out of court the sum of £, deposited by him with the sheriff in lieu of bail, bail above having since been put in and perfected, [or "the defendant having since been duly rendered in discharge of his bail in this action."] B V. D. [See 1 Chit. Ar. Pr. 539.] 7. Rule for Defendant to take Money out of Court. On the day of in term, Victoria. Upon reading the rule made in this cause, on -, the affidavit of D. A., and no cause being shown to the contrary, it is ordered that the sum of £ paid into the hands of the sheriff of the county of - by the defendant for the debt, on his arrest in this cause, in lieu of bail, and since brought into court by the said sheriff, pursuant to the statute in that case made and provided, be paid out of court to the defendant, or his attorney; the said defendant having put in and perfected bail above, [or "having surrendered himself in discharge of his bail to the custody of --"] in this action. Upon the motion of Mr. By the Court. [See 1 Chit. Ar. Pr. 540.] 8. Affidavit for Plaintiff to obtain out of Court the Money deposited with Sheriff in lieu of Bail. [As in the form, ante, 233, No. 6, to the, stating the deponent to be plaintiff's attorney, and then thus:]-And this deponent further saith, that bail above has not been put in in this action for the said defendant, [or "that bail above has been put in in this action for the said defendant, but that the same has not been perfected."] Sworn [&c. ante, 207.] P. A. The motion paper for this purpose should be indorsed thus :-To move upon the within affidavit for a rule to show cause why the plaintiff should not be at liberty to take out of court the sum of £- deposited by the defendant with the sheriff in lieu of bail, bail above not having been put in, [or "bail above having been put in, but not perfected.”] B. T. [See 1 Chit. Ar. Pr. 540.] 9. Rule thereon for Plaintiff to take Money out of Court. Upon reading the rule [&c. as in form, ante, 234, No. 7,] It is ordered, that the sum of £- paid into the hands of the sheriff of D. the county of by the defendant, on his arrest in this cause, in lieu of bail, and since brought into court by the said sheriff, pursuant to the statute in that case made and provided, be paid out of court to the plaintiff or his attorney, together with such sum as one of the masters shall allow for costs on taxation, out of the sum of ten pounds, deposited and brought into court as aforesaid, for the said costs; the said defendant not having put in and perfected bail, [or "having put in but not perfected bail." Upon the motion of Mr. By the Court. * VI. PROCEEDINGS AGAINST THE Sheriff. 1. Rule to return the Writ in Term. [Same as ante, 168, No. 42, mutatis mutandis.] 2. Judge's Order to return the Writ in Vacation. [Same as ante, 169, No. 43, mutatis mutandis.] 3. Return of Non est inventus. The within-named C. D. is not found in my bailiwick. The answer of S. S. esq., sheriff. 4. Returns of Cepi corpus, et paratum habeo, &c. On the day of, A.D. 1840, I took the within-named C. D. in my bailiwick, and forthwith delivered to him a copy of this writ, and him safely kept until he gave me bail [or "made deposit with me"] according to law in the within-named action, as by this writ is required, as I am within commanded. The answer of S. S. esq., sheriff. On the day of, A.D. 1840, I took the within-named C. D. and forthwith delivered to him a copy of this writ, and whose body I have ready, as within I am commanded (a). The answer of S. S. esq., sheriff. [As in the last to the*, and then thus:] whose body remains in the prison of our lady the queen, under my custody (a). The answer of S. S. esq., sheriff. [As in the last to the*, and then thus:] whose body I have ready, as within I am commanded; but the within-named E. F. is not found in my bailiwick. The answer of S. S. esq., sheriff. 5. Return of Rescue. By virtue of this writ to me directed, I made my certain warrant in writing, under my seal of office, to B. B. and C. B. my bailiffs, jointly and severally, to take and arrest the within-named C. D.; by virtue of which warrant the said B. B. and C. B. afterwards, and before the expiration of the time limited for executing the said writ, to wit, on the day ofat, in my county, and within my bailiwick, took and arrested the within-named C. D. according to the exigency of the said writ, and safely kept him in their custody, until O. O. of· and divers other persons to my said bailiffs unknown, on aforesaid, with force and arms assaulted and ill-treated my said bailiffs, and the said C. D. out of the custody of my said bailiffs then and there rescued, and the said C. D. then and there, with force and arms, rescued himself, and escaped out of the custody of my said bailiffs, against the peace of our lady the now queen; and afterwards the said C. D. is not found in my bailiwick. of at The answer of S. S. esq. sheriff. 6. Return of Discharge on Supersedeas. By virtue of this writ to me directed, I on &c. took the within-named C. D. and safely kept him in her majesty's prison in and for the county until afterwards, to wit, on, by virtue of a certain other writ of our said lady the now queen to me directed, and to this writ annexed, I caused the said C. D. to be delivered out of the said prison; wherefore I cannot 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 our said lady the queen," at the day and place within contained, as within I am commanded. The answer of S. S. esq. sheriff. 7. Return of Delivery over on Habeas Corpus to Marshal. By virtue of this writ to me directed, I on &c. took the within-named C. D. and safely kept him in her majesty's prison, in and for the county of —, until afterwards, to wit, on I received her said majesty's writ of habeas corpus cum causâ, commanding me to have the body of the said C. D. before the right honourable (name of the chief justice), her said majesty's chief justice, assigned to hold pleas in the court of our lady (a) The return of cepi corpus et paratum habeo means, that the sheriff has taken the defendant, and that he is at large upon bail. The sheriff ought to return the defendant in custody if that be the fact. See per Littledale, J. 4 N. & M. 708. |