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the now queen, before the queen herself, at his chambers situate in Serjeant's Inn, Chancery Lane, London, immediately after the receipt of that writ: by virtue of which said writ, and in obedience thereto, I had the body of the said C. D. with the said last-mentioned writ, and the return of the within cause, mentioned in a certain schedule thereunto annexed, before her said majesty's chief justice, at his chambers aforesaid, on the day of last, who then received of me the body of the said C. D. and committed him to the prison of the marshal of the Marshalsea of our said lady the queen, before the queen herself, and altogether discharged and exonerated me from further keeping the said C. D.; wherefore I cannot have the body of the said C. D. before our said lady the queen, at the day and place within contained, as within I am commanded.

The answer of S. S. esq. sheriff.

8. Return of Languidus in prisoná.

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By virtue of this writ to me directed, I on &c. took the within-named C. D. who remains in her majesty's prison of under my custody, so weak and infirm that, without great peril and danger of his life, I cannot have his body before the lady the queen, [or in C. P. "before the justices of the lady the queen," or in Exch. before the barons of our lady the queen."] at the day and place within contained, as within I am commanded.

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The answer of S. S. esq. sheriff. [See 1 Chit. Ar. Pr. 546, 551, and a form of return to final process, ante, 199.]

9. Affidavit of Service of Rule to return Writ, &c. [Same as ante, 169, No. 44, mutatis mutandis.]

10. The like, of Service of Judge's Order, &c.

[Same as ante, 169, No. 45, mutatis mutandis.]

11. Rule for Attachment for not returning the Writ. [Same as ante, 169, No. 46, mutatis mutandis.]

12. Rule to bring in the Body in Q. B.

On

in

term, Victoria.

B. It is ordered, that the sheriffs [or "late sheriffs"] of London v. shall within four days next after notice of this rule to be given to D. their secondaries. [or "that the sheriff" (or "late sheriff") of the county of shall within four days (in London or Middlesex, or eight days in any other county) next after notice of this rule to be given to his under-sheriff or deputy,"] peremptorily bring into court the body of the defendant.

Side Bar.

[See 1 Chit. Ar. Pr. 551.]

By the Court.

Side Bar.

In the Common Pleas.

B.

V.

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It is ordered, that the sheriff [or "late sheriff"] of the county of within four days [in London or Middlesex, or eight days in D.any other county,] next after notice of this rule to be given to his under-sheriff, do peremptorily bring into this court the body of the defendant*. By the Court.

On

In the Treasury Chamber, at the instance of the plaintiff.

in

term,

14. The like, in Exchequer.

Victoria.

A. B. against C. D. Side Bar.-It is ordered, that the sheriff [or "late sheriff"] of the county of do peremptorily bring here into court the body of the said defendant whom he has taken and detained in his custody by virtue of her majesty's writ of capias, issued between the said parties, as the said sheriff has charged himself by his return made on the said writ, within four days [in Middlesex, or eight days in any other county] next after notice of this rule to be given him or his under-sheriff or deputy. By the Court.

B.

V.

15. Judge's Order in Vacation to bring in the Body (a).

ROSE.

I order that the sheriff, [&c. proceed as in the three preceding forms, Nos. 13, 14, 15, respectively, according to the court in which D. the action is, to the asterisk*, adopting the word "order" instead of the word "rule."]

[Judge's signature.]

[See 1 Chit. Ar. Pr. 553.]

16. Affidavit of Service of Rule to bring in the Body, &c.

In the Q. B. [or “ C. P.” or “ Exch. of Pleas."]

A. B. plaintiff against C. D. defendant. C. C. of clerk to P. A. gentleman, attorney for the abovenamed plaintiff, maketh oath and saith, that he this deponent did, on the day of instant [or "last"] personally serve, [&c. as ante, 169, No. 44.] And this deponent further saith, that no bail above has been put in for the defendant in this cause, [or "that bail above has been put in for the defendant in this cause, but that the same has not been perfected;" adding in the Common Pleas, "this deponent having this day searched with the proper officer of the court for that purpose."] Sworn, [&c. ante, 207.]

17. The like, of Judge's Order, &c..

[A form may be readily framed from the last, and that supra.]

C. C.

(a) This order is obtained without any affidavit. 1 Chit. Ar. Pr. 550.

B.

T.

18. Rule for Attachment for not bringing in the Body.

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Upon reading the rule [or "order"] made in this cause, on

and the affidavit of C. C., it is ordered that a writ of attachment do D. issue against the sheriff [or "late sheriff"] of the county of for his contempt in not bringing into court the body of the defendant, pursuant to the said rule [or "order."] Upon the motion of Mr.

[See 1 Chit. Ar. Pr. 555, 556.]

By the Court.

19. Attachment against the Sheriff for not bringing in the Body or not returning the Writ in Q. B., C. P., or Exch.

[Same as ante, 170, Nos. 47, 48, 49, mutatis mutandis.]

20. Rule on Coroner to return Attachment in Q. B., C. P., or Exch. [Same as ante, 171, Nos. 50, 51, mutatis mutundis.]

21. Attachment against Coroners directed to Elisors.

[Same as ante, 171, No. 52, mutatis mutandis.]

22. Rule for Habeas Corpus to bring in the Body of Sheriff. [Same as ante, 171, No. 53.]

23. Habeas Corpus thereon.

[Same as ante, 171, No. 54.]

VII. PROCEEDINGS UPON THE BAIL-BOND.

1. Assignment of the Bail-bond.

I, the within-named sheriff of —, have, at the request of A. B. the plaintiff, also within-named, assigned to him the said A. B. the withinwritten bail-bond, and all benefit and advantage arising therefrom, pursuant to the statute in that case made and provided. In witness whereof I have hereunto set my hand and seal of office this 1840.

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day of

S. S. Sheriff.

[See 1 Chit. Ar. Pr. 559.]

2. Declaration on the Bail-bond.

In the Q. B. [or "C. P." or "Exch. of Pleas."]

On the day of, in the year of our Lord 1840. (venue in this action) to wit:-A. B. assignee of J. H. esquire, and R. P. esquire, sheriff of the county of [Middlesex], according to the form of the statute in such case made and provided, by P. A. his attorney, complains of C. D., J. S. B. and J. L., who have been summoned to answer the said A. B. in an action of debt (a), and he demands of them the sum of £ (the penalty in the bond), which they owe to and unjustly detain from him. For that whereas the plaintiff, on the day of, in the year of our Lord (date of the writ of capias), according to the form of the statute in such case made and provided, and pursuant to the order of Sir —, knight, (name of the judge who made the order to hold to bail,) one of the justices of her majesty's court, before the queen herself (or as the case may be), sued and prosecuted out of the court of Q. B. [or "C. P." or "Exch. of Pleas"] at Westminster, a certain writ of our said lady the queen, called a Writ of Capias, against the said C. D., directed to the sheriff of and dated at Westminster the day and year aforesaid, by which said writ our said lady the queen commanded the said sheriff that (b) he should omit not by reason of any liberty in his bailiwick, but that he should enter the same and take the said C. D. if he should be found in his bailiwick, and him safely keep until he should have given him bail, or made deposit with him, according to law, in an action of debt (as in the writ of capias) at the suit of the plaintiff, or until the said C. D. should, by other lawful means, be discharged from his custody; and our said lady the queen thereby required the said C. D. to take notice, that within eight days after the execution thereof on him, inclusive of the day of such execution, he should cause special bail to be put in for him, in our said lady the queen's court of Q. B. [or "C. P." or "Exch. of Pleas"] at Westminster, to the said action, and that in default of his so doing such proceedings might be had and taken as were mentioned in the warning thereunder written or indorsed thereon: And our said lady the queen did further command the said sheriff, that immediately after the execution thereof he should return the said writ to our said lady the queen's said court, together with the manner in which he should have executed the same, and the day of the execution thereof; and that if the same should remain unexecuted, then that he should so return the same at the expiration of one calendar month from the date thereof, or sooner, if he should be thereto required by order of the said court, or by any judge thereof (c). Which said writ afterwards and before the delivery thereof to the said sheriff to be executed as is hereinafter mentioned, to wit, on the day and year first aforesaid, was marked and indorsed for bail for £- by order of the said sir order to hold to bail,) according to the made and provided (d). And which

(a) There is no occasion to state in this part of the declaration the form of action, though it is usual to do so.

(b) Let the following averments correspond with the writ in the original

action.

(c) Some forms have been adopted here, setting out also the memoranda,

knight, (the judge who made the form of the statute in such case said writ so indorsed, afterwards, to

on the writ, saying, "and by certain memoranda then and there subscribed to the said writ, it was made known that that writ was to be executed, &c."

but this appears unnecessary, and should be avoided.

(d) Some forms have here stated other indorsements on the writ; but this appears unnecessary.

wit, on the day and year first aforesaid, was delivered to the said J. H. and R. P., who then and from thence, until and at and after eight days after the execution of the said writ on the said C. D. as hereafter mentioned, were sheriff of the said county of [Middlesex,] in due form of law to be executed. By virtue of which said writ the said J. H. and R. P. so being sheriff as aforesaid, afterwards, to wit, on the day of A. D. ·(date of bail-bond,) and within his bailiwick, as such sheriff, executed the said writ and took and arrested the said C. D. by his body, and then had and detained him in his custody as such sheriff, at the suit of the plaintiff, for the cause aforesaid. And the said C. D. being so arrested and in custody of the said J. H. and R. P. so being sheriff as aforesaid, by virtue of the said writ, at the suit of the plaintiff, the said J. H. and Ř. P. afterwards and within eight days next after the execution of the said writ as aforesaid, inclusive of the day of such execution, to wit, on the day and year last aforesaid, and within their bailiwick, as such sheriff, took bail for the said C. D.'s causing special bail to be put in for him to the said action in her majesty's said court, as required by the said writ, and according to the form of the statute in such case made and provided; and on that occasion the said C. D., J. S. B, and J. L. then, to wit, on the day and year last aforesaid, by their certain writing obligatory, commonly called a bail-bond, sealed with the respective seals of the said C. D., J. S. B. and J. L,, and now shown to the said court of our said lady the queen, before the queen herself [or in C. P. "before her justices of the bench," or in Exchequer, "before the barons of her said Exchequer,"] the date whereof is the same day and year last aforesaid, acknowledged themselves to be held and firmly bound to the said J. H. and R. P. so then being sheriff as aforesaid, as such sheriff, in the penal sum of of good and lawful money of Great Britain, to be paid to the said sheriff, or his certain attorney, executors, administrators, or assigns, with and under a certain condition thereunder written, whereby (let the following correspond with the condition of the bond,) after reciting that the said C. D. was, on the day of then instant, taken 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 -, bearing date at Westminster the day of then instant, to the said sheriff directed and delivered, against the said C. D. in an action of debt (let this be according to the fact) at the suit of the plaintiff, being the said writ abovementioned and set forth, and that a copy of the said writ, together with every memorandum or notice subscribed thereto, and all indorsements thereon, was on execution thereof duly delivered to the said C. D., and that he was 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 the execution thereof on him, inclusive of the day of such execution, it was conditioned, that if the said C. D. should 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, that then the said obligation should be void and of no force, or otherwise should stand and remain in full force, vigour and effect, as by the said writing obligatory, and the condition thereof, reference being thereunto had, may more fully and at large appear. And the plaintiff in fact saith, that the said C. D. did not 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 in the condition of the said writing obligatory mentioned, according to the exigency of the said writ, but therein wholly failed and made default, whereby the said writing obligatory became forfeited; and tbe plaintiff further saith, that the said writing obligatory being so forfeited, and the money therein specified remaining unpaid and unsatisfied to the

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