3. The like, against a surviving Defendant.

Victoria, [&c. as ante, 458, No. 5,] to the sheriff of -, greeting: Whereas A. B. lately in our court [&c. state the recovery against both defendants, as ante, 458, No. 5, to the †, and then thus:] And afterwards, to wit, on- the said E. E. (the deceased defendant) died, and the said C. D. there survived him, as by the information of the said A. B. in our said court we have been given to understand: And now, on the behalf of the said A. B. in our said court, we have been informed, that although judgment be thereupon given [&c. proceed as in the form, ante, 458, No. 5, to the end.]

4. The like, for the Executor or Administrator of a surviving Plaintiff. Victoria, [&c. as ante, 458, No. 5,] to the sheriff of -, greeting: Whereas A. B. and E. B. lately in our court [&c. proceed as in the form, ante, 458, No. 5, to the words] yet execution of the debt and damages [or damages"] still remains to be made. And afterwards, to wit, on

the said E. B. (the deceased plaintiff) died, and the said A. B. then and there survived him; and afterwards and before execution made on the said judgment, to wit, on —, the said A. B. died [&c. conclude as in the form, ante, 474, 475, Nos. 2, 3.]

at

5. Scire Facias against a surviving Defendunt, and the Heir and

Tertenants of another (a).

Victoria, [&c. us ante, 458, No. 5,] to the sheriff of greeting: Whereas A. B. lately in our court [&c. state the recovery of the judgment against both defendants as ante, 458, No. 5, to the dagger†, and then thus:] And although judgment be thereupon given, yet execution of the damages [or in debt, "debt and damages"] aforesaid still remains to be made to the said A. B.; And the said C. D. is since dead, as by the information of the said A. B. in our said court we have been given to understand: wherefore the said A. B. hath humbly besought us to provide him a proper remedy in this behalf: And we being willing that what is just in this behalf should be done [or in C. P. or Exch. "that those things which in our same court are rightly done should be duly carried into execution, and that what is just in this behalf should be done"], command you that by honest and lawful men of your bailiwick you make known to the heir of the said C. D., and also to the tenants of all the lands and tenements in your bailiwick, of which the said C. D. or any person or persons in trust for him, was or were seised on in the year of our reign, (on which day the judgment aforesaid was given,) or at any time after, and also to the said E. F. (the survivor), that they be before us [or in C. P. "before our justices," or in Exch. "before our barons"] at Westminster on that is to say, the said heir and tertenants, to show if they have or know of any thing to say for themselves why the damages [or in debt, "debt and damages"] aforesaid ought not to be levied on a moiety of those lands and tenements, and the said E. F. to show if he has or knows of any thing to say for himself, why the damages [or in debt, "debt and damages"] aforesaid ought not to be levied on the goods and chattels of him the said E. F. (except his oxen and beasts of the plough), and also a moiety of all the lands and tenements of which the said E. F.,

(a) See the form where the survivor is heir of the deceased defendant, ante, 478.

or any person or persons in trust for him, was or were seised in fee simple, on the said -, in the year aforesaid, (on which day the judgment aforesaid was given,) or at any time after, according to the force, form, and effect of the recovery aforesaid, if it shall seem expedient for him; and further to do and receive [&c. conclude as in the form, ante, 458, No. 5.]

[See 2 Chit. Ar. Pr. 824.]

6. [The Declaration, Plea, Judgment, and Execution, and the other Forms of Proceedings, under this Section, may be readily framed from those ante, 474 to 487, mutatis mutandis.]

SECTION VI.

SCIRE FACIAS UPON THE MARRIAGE OF A FEME PLAINTIFF OR
DEFENDANT.

1. Præcipe for the Writ.

[Same as the form, ante, 458, No. 4, except in stating the Plaintiffs or Defendants to be " A. B. and E. his wife," or "C. D. and E. his wife," as the case may be.]

2. Scire Facias by Husband and Wife, on a Judgment recovered by Wife dum sola.

Victoria, [&c. as ante, 458, No. 5,] to the sheriff of --, greeting: Whereas A. B. (name of wife, as stated in the judgment) lately in our court recovered [&c. state the recovery of the judgment, &c. as ante, 458, No. 5, to the daggert, and then thus:] And afterwards, and before execution thereupon made, to wit, on the said A. B. intermarried with, and took to husband H. H. as by the information of the said H. H. and A. his wife, in our said court we have been given to understand: And now, on the behalf of the said H. H. and A. his wife, we have been informed, that although judgment be thereupon given, yet execution of the damages [or in debt, "debt and damages"] aforesaid still remains to be made to them; wherefore the said H. H. and A. his wife have humbly besought us to provide them a proper remedy in this behalf: And we being willing [&c. proceed as in the form, ante, 458, No. 5, to the end, naming however both the husband and wife as plaintiffs.]

3. The like, against Husband and Wife, upon Judgment recovered against Wife dum sola.

Victoria, [&c. as ante, 458, No. 5,] to the sheriff of greeting: Whereas A. B. lately in our court [&c. state the recovery of the judgment as ante, 458, No. 5, to the daggert, describing defendant by the name in which the judgment is recovered against her, and then thus:] And afterwards, and before execution thereupon made, the said C. D. intermarried with and took to husband H. H. And now, on behalf of the said A. B. in our said court, we have been informed, that although judgment be

thereupon given, yet execution of the damages [or in debt, "debt and damages"] aforesaid still remains to be made to him: Wherefore the said A. B. hath humbly besought us [&c. proceed as in the form, ante, 458, No. 5, to the end, naming however both the husband and wife as defendants.]

4. The like, for a Wife who survived her Husband against an Executor, the original Action having been by Husband and Wife.

Victoria, [&c. as ante, 458, No. 5,] to the sheriff of greeting: Whereas A. B. and E. his wife, lately in our court [&c. state the recovery of the judgment as ante, 458, No. 5, to the daggert, and then thus:] And afterwards, and before execution thereupon made, to wit, on the said C. D. (the defendant) died, having first duly made and published his last will and testament in writing, and thereby constituted and appointed E. E. executor thereof; after whose death the said E. E. duly proved the said last will and testament of the said C. D. and took upon himself the burthen of the execution thereof; and afterwards and before execution upon the said judgment made, to wit, on, at the said A. B. also died, and the said E. then and there survived him, as by the information of the said E. in our said court we have been given to understand: And now, on the behalf of the said E. in our said court, we have been informed, that although judgment be thereupon given, yet execution of the damages [or in debt, "debt and damages"] aforesaid still remains to be made; wherefore the said E. hath humbly besought us to provide her a proper remedy in this behalf: and we being willing [&c. as ante, 458, No. 5], command you, that by honest and lawful men of your bailiwick, you make known to the said E. E. executor as aforesaid, that he be before us [or in C. P. "before our justices," or in Exch. "before our barons"] at Westminster, on, to show if he hath or knoweth of any thing to say for himself why the said E. ought not to have her execution against him, of the damages [or in debt, "debt and damages"] aforesaid to be levied of the goods and chattels which were of the said C. D. at the time of his death, in the hands of the said E. E. as executor as aforesaid, to be administered according to the force, form, and effect of the said recovery, if it shall seem expedient [&c. conclude as ante, 458, No. 5.]

5. [The Declaration, Plea, Judgment, Execution, and other Forms of Proceedings under this Section, may be readily framed from those ante, 469 to 473, mutatis mutandis, and styling the Plaintiff or Defendant as “A.B. and E. his wife," or "C. D. and E. his wife," as the case may be.]

SECTION VII.

SCIRE FACIAS IN CASE OF BANKRUPTCY.

1. Præcipe for the writ.

[Same as ante, 458, No. 4, except in styling the Plaintiffs as “A. B. and C. D. assignees of the estate and effects of A. B. bankrupt."]

2. Scire Facias by Assignees on Judgment recovered before the

Bankruptcy.

Victoria, [&c. as ante, 458, No. 5,] to the sheriff of greeting: Whereas A. B. lately in our court [&c. state the recovery of the judgment, as ante, 458, No. 5, to the daggert, and then thus:] And afterwards the said A. B. became bankrupt within the true intent and meaning of the statutes concerning bankrupts: whereupon a fiat of bankruptcy, under the great seal of the united kingdom of Great Britain and Ireland, was duly issued against the said A. B.; and all and singular the debts, goods, and effects of the said A. B., at the time of his becoming bankrupt, were, after his so becoming bankrupt, in due manner assigned to 4. D. and P. A. according to the form of the statutes in such case made and provided: And now, on the behalf of the said A. D. and P. A. assignees, as aforesaid, in our said court, we have been informed, that although judgment be thereupon given [&c. conclude as in the form ante, 458, No. 5, to the end, except in omitting the plaintiff's name as plaintiff, and inserting instead thereof A. D. and P. A. as assignees as aforesaid.]

[See 2 Chit. Ar. Pr. 825.]

3. [The Declaration, Plea, Judgment, Execution, and other Proceedings under this Section, may be readily framed from those, ante, 469 to 473, stating, however, instead of the name of the Bankrupt as Plaintiff, the names of the Assignees, and styling them as Assignees.]

BOOK III.

PART II.

PROCEEDINGS IN ACTIONS BY AND AGAINST PARTICULAR PERSONS.

CHAPTER I.

ACTIONS AGAINST PEERS AND MEMBERS OF PARLIAMent.

SECT. I.-PROCEEDINGS AGAINST IN ORDINARY CASES.

[The forms of proceedings against peers and members of parliament are now the same as in ordinary cases, except, in a declaration against a peer in assigning a breach, it is usual to omit the averment of the defendant's fraudulent intent. No ca. sa. lies against a peer or member of parliament.]

[See 2 Chit. Ar. Pr. 838.]

SECTION II.

PROCEEDINGS AGAINST MEMBERS OF PARLIAMENT, SUBJECT TO THE BANKRUPT LAWS.

1. Affidavit of Debt.

[Proceed as in the forms, ante, 206, &c. but add "And this deponent further saith, that the said C. D. is a trader within the description of the statute relating to bankrupts, as this deponent hath heard and verily believes."]

[See 2 Chit. Ar. Pr. 839.]

2. Bond.

[Proceed as in the ordinary form of a bond, but make it conditioned to pay such damages and costs as the plaintiff may recover in the action.]

3. Writ of Summons.

Victoria, [&c. as ante, 228, No. 2,] to C. D. of -, esquire, having privilege of parliament, greeting: We command you, that within one calendar month next after personal service hereof on you, you do cause