said sheriff, they, the said J. H. and R. P., so being sheriff as aforesaid, afterwards, to wit, on the day of "" in the year aforesaid (date of assignment,) at the request of the plaintiff, by an indorsement on the said writing obligatory, duly made and sealed with the seal of office of the sheriff of the said county of, assigned the said writing obligatory to the plaintiff, according to the form of the statute in such case made and provided; as by the said assignment indorsed on the said writing obligatory as aforesaid, and to the said court of our said lady the queen now here shown, the date whereof is the day and year last aforesaid, may more fully appear. By means whereof, and by force of the statute in such case made and provided, an action hath accrued to the plaintiff, as assignee of the said J. H. and R. P., so being sheriff as aforesaid, to demand and have of and from the defendants the sum of £-- above demanded; yet the defendants (although often requested so to do) have not nor hath either of them yet paid the sum above demanded, or any part thereof, to the said J. H. and R. P. before the said assignment, or to the plaintiff, assignee as aforesaid, or either of them, since the said assignment, but have hitherto wholly neglected and refused so to do, and still do neglect and refuse to pay the same or any part thereof; to the damage of the plaintiff, as assignee as aforesaid, of £10, and therefore he brings his suit, &c. VIII. SETTING ASIDE OR STAYING PROCEEDINGS AGAINST THE SHERIFF, OR UPON THE BAIL-BOND. 1. Affidavit to set aside a regular Attachment, at the Instance of Defendant. In the Q. B. [or " C. P." or "Exch. of Pleas.”] England. The Queen against the Sheriff of (in the cause A. B. v. C. D.) (a). C. D. of maketh oath and saith, that this deponent was, on or about the day of last, [or "instant,"] arrested at the suit of the above-named plaintiff, upon a writ of capias, sued out in this action; and that he this deponent did on that day [or "on the — day of last,"] give a bail bond to the officer of the sheriff of, by whom he was so arrested, and was thereupon discharged out of custody. And this deponent further saith, that special bail hath since been put in in this action, for this deponent, and which said bail hath [this day] been duly perfected (b). [Or where the defendant has been rendered, then instead of stating that bail has been put in and justified, as above, state the render thus: And this deponent further says, that bail above has since been put in in this action for the deponent, and this deponent did, on the day of last, duly render himself in discharge of his said bail in this action at the suit of the above-named plaintiff."] And this deponent further says, that on an attachment issued out of this honourable for not having obeyed the rule [or court against the said sheriff of (a) As to this title, see 1 Chit. Ar. Pr. 570; 2 id. book 4, part 1, ch. 35. (b) It is not necessary to state that a rule for the allowance of bail has been obtained. Crossby v. Innes, 5 Dowl. 566. "order"] to bring in the body of this deponent, as this deponent hath heard and verily believes. And this deponent further saith, that he hath a good defence to this action upon the merits, as he is advised and verily believes (a). Sworn [&c. ante, 207.] [See 1 Chit. Ar. Pr. 570.] 2. The like, on the Part of the Bail to the Sheriff (b). In the Q. B. [or" C. P." or " Exch. of Pleas."] (b) and T. B. of C. D. England. The Queen against the Sheriff of (in a cause of A. B. v. C. D.) B. B. of —, severally (c) make oath and say, that C. D., the above-named defendant, was, on or about the last, arrested in this action at the suit of the above-named plaintiff, and that these deponents, together with the said C. D., after the said arrest, on, duly executed a bail-bond to the sheriff of in this action; and the said C. D. was thereupon discharged out of custody. And these deponents further say, that special bail [&c. here state the putting in and perfecting of special bail, or the render of the defendants, as in the preceding form.] And these deponents further say, that on -- last an attachment issued out of this honourable court against the said sheriff of - for not having obeyed the rule [or "order"] to bring in the body of the said C. D., as these deponents have heard and verily believe. And these deponents further say, that this application is really and truly made on the part of these deponents, as bail for the said C. D., at their own expense, and for their own indemnity only (d), and without any collusion with the said C. D. the above-named defendant. Sworn [&c. ante, 207.] B. B. [See 1 Chit. Ar. Pr. 570.] 3. The like, on the Part of the Sheriff's Officer. In the Q. B. [or " C. P." or " Exch. of Pleas."] England. The Queen against the Sheriff of - B. B. of -, officer of the sheriff of that on last, by virtue of a warrant to him directed, this deponent arrested C. D. the above-named defendant, and kept and detained him in his custody until, when a bail-bond was duly executed, conditioned for the said C. D. putting in special bail in this action, whereupon this deponent discharged the said C.D. out of his custody. And this deponent further saith, that special bail [&c. here state the putting in and perfecting of special bail, or the render of the defendant, as to which see the form, ante, 242, No. 1.] And this deponent further saith, that on last an attachment issued out of this honourable court against the said sheriff of for not having obeyed the rule [or "order"] to bring in the body of the said C. D., as this deponent hath heard and verily believes. (a) This is sufficient when sworn by the defendant himself. Crossby v. Innes, 5 Dowl. 566. (b) This affidavit is now required in all the courts. See 1 Chit. Ar. Pr. 569, 570. (c) It seems an affidavit by both the bail is not absolutely requisite. See R. v. Sheriff of Middlesex, 3 Dowl. 186. (d) See R. v. Sheriff of Cheshire, 3 M. & W. 606. - And this deponent further saith, that this application is really and truly made on the part of this deponent, as officer of the said sheriff of at his this deponent's own expense, and for his indemnity only (a), and without any collusion with the said C. D. the above-named defendant. Sworn [&c. ante, 207.] [See 1 Chit. Ar. Pr. 570.] 4. The like, on the Part of the Sheriffs of London, where Defendunt has rendered. In the Q. B. [or "C. P." or " Exch. of Pleas."] day of England. The Queen against the Sheriff of (in a cause of A. B. v. C. D.) S. C., of the Secondaries' Office, Coleman-street, London, clerk to the secondaries of London, maketh oath and saith, that a writ of capias, bearing date the last, was issued out of this honourable court, directed to the sheriffs of London, commanding them to take the above-named C. D. to answer the above-named A. B., and indorsed for bail for £ -. And this deponent further saith, that on —— the said C. D., with two sureties, gave a bail-bond to the said sheriffs of London. And this deponent further saith, that on the sheriffs were served with a rule [or "order"] to return the said writ of capias; and having returned cepi corpus thereon, a rule [or order"] to bring in the body of the said C. D. was served on the said sheriffs on the day of 66 last [or "instant":] And this deponent further saith, that an attachment has since issued against the said sheriffs of London for not bringing into court the body of the said C. D.; of which notice was given at the Secondaries Office on And this deponent further saith, that on the said day of, special bail were put in for the said C. D., on behalf of the said sheriffs of London; and that the said C. D. was, on the said day of ―, duly rendered into the custody of the marshal of the Queen's Bench prison, [or "warden of the Fleet,"] in discharge of his bail in the above cause; and that notice of such render was on the same day duly served on the said A. B.'s attorney in this cause, as this deponent is informed and believes. And this deponent further saith, that this application is really and truly made on the part of the said sheriffs of London, at the expense of the secondaries for the said city of London (b), and for their indemnity only (a), and without any collusion with the said C. D. Sworn [&c. ante, 207.] [1 Chit. Ar. Pr. 570.] S. C. 5. Affidavit to set aside regular Proceedings on Bail-Bond, at the Instance of Defendant. In the Q. B. [or " C. P." or " Exch. of Pleas."] C. D. of or about the day of A. B. plaintiff v. C. D. defendant (c). -, maketh oath and saith, that this deponent was, on last [or "instant,"] arrested at the suit of the above-named plaintiff, upon a writ of capias sued out in this action; and that he this deponent on that day, [or " on the last,"] gave a bail-bond to the officer of the sheriff of day of-- by whom (c) As to this title, see 1 Chit. Ar. Pr. 570. he was so arrested, and was thereupon discharged out of custody. And this deponent further saith, that special bail, [&c. here state the putting in and perfecting of special bail, or the rendering of defendant, as in the form, ante, 242, No. 1.] And this deponent further saith, that the said A. B., the above-named plaintiff, on or about the day of last, [or "instant,"] took an assignment of the said bail-bond, as this deponent hath heard and verily believes, and hath since commenced an action upon the same against this deponent. And this deponent further saith, that he hath a good defence upon the merits to the action in which he was so arrested as aforesaid, as he this deponent is advised and believes (a). Sworn [&c. ante, 207.] [See 1 Chit. Ar. Pr. 570.] 6. The like, on the Part of the Bail to the Sheriff (b). In the Q. B. [or "C. P." or "Exch. of Pleas."] (b). C. D. A. B. plaintiff v. C. D. defendant. and T. B. of -- day of last [or "instant"], B. B. of severally make oath and say, that C. D., the above-named defendant, was, on or about the day of last [or "instant"], arrested in this action, at the suit of the above-named plaintiff; and that these deponents, together with the said C. D. after the said arrest, on the duly executed a bail-bond to the sheriff of ——, in this action, and the said C. D. was thereupon discharged out of custody. And these deponents further say, that special bail [&c. here state the putting in and perfecting of special bail or the rendering of defendant, as to which see the form, ante, 242, No. 1.] And these deponents further severally say, that the said A. B. the above-named plaintiff, on or about the day of last [or "instant"], took an assignment of the said bail-bond, as these deponents have heard and verily believe, and hath since commenced an action upon the same against these deponents. And these deponents further severally say, that this application is really and truly made on the part of these deponents, as bail for the said C. D. at their own expense, and for their indemnity only (c), without any collusion with the said C. D. the above-named defendant. 7. The like, on the Part of a Sheriff's Officer. In the Q. B. [or “ C. P.” or “ Exch. of Pleas."] B. B. of B. B. A. B. plaintiff v. C. D. defendant. maketh oath and saith, officer of the sheriff of. day of that on or about the last [or "instant"], by virtue of a warrant to him directed, this deponent arrested C. D., the above-named defendant, and kept and detained him in his custody until the of last [or "instant"], when a bail-bond was duly executed, conditioned for the said C. D. putting in special bail in this action; where (a) This is sufficient when the affidavit is sworn by the defendant himself. Crossby v. Innes, 5 Dowl. 566. (b) This affidavit is now required in the Exchequer, though it was for day merly otherwise. See 1 Chit. Ar. Pr. 569, 570. (c) See R. v. Sheriff of Cheshire, 3 M. & W. 606. upon this deponent discharged the said C. D. out of his custody. And this deponent further saith, that special bail [&c. state the putting in and perfecting of special bail or the rendering of defendant, as to which see the form, ante, 242, No. 1.] And this deponent further saith, that the said A. B., the above-named plaintiff, on or about the day of - last [or "instant"], took an assignment of the said bail-bond, as this deponent hath heard and verily believes, and hath since commenced an action upon the same against the said C. D. and his bail to the said sheriff. And this deponent further saith, that this application is really and truly made on the part of this deponent, as officer of the said sheriff of at his this deponent's own expense, and for his indemnity only (a), and without collusion with the said C. D., the above-named defendant. Sworn [&c. ante, 207.] B. B. IX. BAIL, IN Town. 1. Affidavit to obtain leave to put in more than two Bail, where the Sum is large. In the Q. B. [or "C. P." or " Exch. of Pleas."] A. B. plaintiff v. C. D. defendant. C. D. of the above-named defendant, maketh oath and saith, that he hath been arrested in this action upon a writ of capias issued out of this honourable court, indorsed for bail for [30007.]; and this deponent further saith, that the said alleged debt being so large, this deponent is unable to procure two persons who are respectively able and willing to swear that he is worth double the sum sworn to in this action, over and above what will pay his just debts: but this deponent saith, that B. B. of is able and willing to become and justify as bail for this deponent in this action to the amount of double the sum of 6001., and that T. B. of is able and willing to become and justify as bail for this deponent in this action to the amount of double the sum of 6007., and that K. B. of is also able and willing to become and justify as bail for this deponent in this action to the amount of double the sum of 2000l. as the said B. B., T. B., and K. B. have respectively informed this deponent, and as he verily believes. Sworn, [&c. ante, 207.] C. D. [See 1 Chit. Ar. Pr. 573, 574.] B. V. 2. Summons for Time to put in &c. Bail. Let the plaintiff's attorney, or agent, attend me at my chambers in Rolls' Garden, to-morrow, at of the clock in the forenoon D.[or "afternoon"], to show cause why the defendant should not have days further time to put in bail [or "to put in and justify bail," or "to justify bail," or "to add and justify his bail"], in this cause. [Judge's name.] [See 1 Chit. Ar. Pr. 577.] (a) See R. v. Sheriff of Cheshire, 3 M. & W, 606. |