cution against him of the [debt and] damages aforesaid, and such interest as aforesaid, to be levied of the proper goods and chattels of the said C.D. if it shall seem expedient for him; and further to do and receive [&c. conclude as ante, 458, No. 5.] [See 2 Chit. Ar. Pr. 882.] 29. Return thereto, of a Devastavit and Nil, &c. The within-named E. F. has no goods or chattels, money, bank notes, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, which were of the within-named C. D. deceased at the time of his death, in the hands of the said E. F. to be administered, in my bailiwick, which I can seize or take, or pay or deliver to the within-named A. B., or whereof I can cause to be made the damages [or "debt and damages"] and interest within-mentioned, or any part thereof; but the said E. F. after the death of the said C. D. had divers goods and chattels, which were of the said C. D. at the time of his death, in his hands to be administered, to the value of the damages [or "debt and damages"] and interest within-mentioned; which said goods and chattels the said E. F. afterwards, and before the coming of this writ to me, sold, wasted, eloigned, and converted to his own use, as appears by a certain inquisition taken before me in this behalf, on the oath of honest and lawful men of my said bailiwick, and to this writ annexed: And I further certify, that the said E. F. hath nothing in my bailiwick where or by which I can make known to him, as by the said writ I am commanded, nor is he found in the same. The residue of the execution of this writ appears in a certain inquisition hereunto annexed. The answer of S. S. sheriff. 30. Inquisition thereon. An inquisition indented, taken at in the county of, on the day of in the year of our Lord -, before S. S. sheriff of the county aforesaid, by virtue of a writ of our lady the queen, directed to the said sheriff, and to this inquisition annexed, to inquire of and upon certain matters in the said writ contained and specified, by the oath of J. B., [&c. names of jurors], honest and lawful men of the bailiwick of the said sheriff, who upon their oath aforesaid say, that E. F. in the said writ named, after the death of the said C. D. in the said writ also named, had divers goods and chattels, which were of the said C. D. at the time of his death, in the hands of the said E. F. to be administered to the value of the damages [or “debt and damages"] and interest in the said writ specified; which said goods and chattels the said E. F. hath sold, wasted, eloigned, and converted to his own use. In witness whereof, as well the said sheriff as the jurors aforesaid, have caused their seals to be affixed to this inquisition the day and year above-mentioned. [See 2 Chit. Ar. Pr. 882.] 31. Scire Facias against an Executor or Administrator upon a Judgment against Testator or Intestate. [See the forms, ante, 476, 477, 487, &c.] CHAPTER VI. ACTIONS AGAINST HEIRS AND DEVISEES ON BOND &c. OF ANCESTOR. 1. Proceedings until Judgment. [The practical forms are the same as in ordinary cases mutatis mutandis.] [See 2 Chit. Ar. Pr. 884.] 2. Judgment on a Verdict against an Heir on the Bond of his Ancestor. [Proceed as in the form, ante, 102, to the end of the postea, and then state the judgment thus:] Therefore it is considered that the plaintiff do recover against the defendant his said debt and his damages aforesaid to £ by the said jury in form aforesaid assessed, and also £, for his costs and charges aforesaid by the court here adjudged of increase to the plaintiff and with his assent, to be levied of the lands and tenements which were of the said E. F. in fee simple at the time of his death, and which came to and are now in the hands of the defendant by hereditary descent from the said E. F.: And the defendant in mercy &c. [Add the usual marginal notes, as directed at the end of the form, ante, 102.] [See 2 Chit. Ar. Pr. 886.] 3. Extent against an Heir upon a Special Judgment against him (a). Victoria, [&c. as ante, 518, No. 21,] to the sheriff of greeting: Whereas A. B. lately in our court before us [or in C. P. "in our court before our justices," or in Exch. "before the barons of our Exchequer"] at Westminster, by the consideration and judgment of the same court, recovered against C. D., son and heir of E. F. deceased, a certain debt of £, and also £- which in our said court were adjudged to the said A. B. for his damages which he had sustained, as well by reason of the detention of the said debt as for his costs and charges by him about his suit in that behalf expended, to be levied of the lands and tenements which were of the said E. F. in fee simple at the time of his death in the hands of the said C. D.; whereof the said C. D. is convicted, as appears to us of record [or in C. P. omit the words "as appears to us of record," or in Exchequer, say "as by inspecting the rolls of our said Exchequer appears to us."] Therefore we command you, that by the oath of honest and lawful men of your bailiwick you diligently inquire of what lands and tenements the said E. F. was seised in fee simple at the time of his death, and which descended to the said C. D. as son and heir of the said E. F. by hereditary right after the death of the said E. F. and of which the said C. D. on the day of, in the year of our reign, on which day the said A. B. sued out his writ for the debt aforesaid against (a) See a form, Tidd's Forms, 440. 524 Actions against Heirs & Devisees on Bond, &c. of Ancestor. the said C. D., was seised in his demesne as of fee, and how much those lands and tenements, with the appurtenances, are worth by the year, in all issues beyond reprises, according to the true value of the same; and when the said inquisition shall have been by you so made, that without delay you deliver the said lands and tenements, with the appurtenances, to the said A. B. to hold to him and his assigns as his freehold, until the debt and damages aforesaid shall be thereof fully levied: And in what manner you shall have executed this our writ make appear to us [or in C. P. "to our justices," or in Exch. " to our barons"] at Westminster, immediately after the execution hereof, under your seal and the seals of those by whose oath you shall make the said extent and appraisement, and have there the names of those by whose oath you shall make the said extent and appraisement, and this writ. Witness (name of chief justice or chief baron), at Westminster, the the year of our Lord [See 2 Chit. Ar. Pr. 887.] 4. The like, on a general Judgment. day of in Victoria, [&c. as ante, 518, No. 21,] to the sheriff of greeting: Whereas A. B. lately in our court [&c. as in preceding form] recovered against C. D. son and heir of E. F. deceased, a certain debt of £and also £, which in our said court were adjudged to the said A. B. for his damages [&c. as in preceding form], whereof, [&c. as in preceding form]: And afterwards the said A. B. came into our said court and prayed to be delivered to him all the lands and tenements of the said C. D. in your county, which descended to the said C. D. from the said E. F. his father, in fee simple, whereof the said C. D. on the day of in the year of our reign, on which day the said A. B. sued out his writ against him for the debt aforesaid, was seised: But because it is unknown what lands and tenements the said C. D. on the aforesaid day of suing out the writ aforesaid, had by hereditary descent from the said E. F. his father, we command you, that by the oath of honest and lawful men of your bailiwick you diligently inquire what lands and tenements the said C. D., on the same day of suing out the writ aforesaid, had by hereditary descent from the said E. F. his father, and how much those lands and tenements are worth by the year, according to the true value of the same, in all issues beyond reprises: and when the said inquisition shall have been by you diligently made, that without delay you deliver to the said A. B. the said lands and tenements, with the appurtenances, according to the true value of the same; to hold to the said A. B. and his assigns as his freehold, until the debt and damages aforesaid shall be thereof fully levied: And in what manner you shall have executed this our writ make appear [&c. conclude as in the preceding form.] [See 2 Chit. Ar. Pr. 887.] 5. Scire Facias against Heirs and Terretenants, on Judgment against Ancestor. [See forms of, ante, 477 to 482.] 6. Scire Facias on a Judgment of Assets Quando, &c. [See a form, ante, 520.] CHAPTER VII. ACTIONS BY AND AGAINST INFANTS. 1. Process. [The same as in ordinary cases. cess will be in his name, and not in amy. See 2 Chit. Ar. Pr. 889.] If the infant be the plaintiff, the prothe name of the guardian or prochein 2. Petition to sue by Prochein Amy. In the Q. B. [or "C. P." or "Exch. of Pleas."] Between A. B. plaintiff and C. D. defendant. To the Right Honourable (name of chief justice), lord chief justice of her majesty's court of Queen's Bench, [or if in C. P. "Sir - (name of chief justice), knight, lord chief justice of her majesty's court of the Bench," or if in Erch. To (name of chief baron), lord chief baron of her majesty's court of Exchequer"] at Westminster, and the rest of the barons of the said court."] The humble petition of A. B. the plaintiff in this suit, an infant under the age of twenty-one years, Sheweth, That your petitioner has, as he is advised, a good cause of action against the said C. D. for the price and value of work done, and materials for the same provided by your petitioner, for the said C. D. and at his request [as the cause of action may be, describing it as in an affidavit to hold to bail; see forms, ante, 212 to 227]; and that your petitioner has lately commenced an action against the said C. D. in this honourable court for the same: But in regard to your petitioner being an infant under the age of twenty-one years, to wit, of the age of years; Your petitioner therefore humbly prays your lordship, [or in Exch. "your honours"] to admit him to prosecute the said action by N. F. of tailor, your petitioner's next friend. And your petitioner will ever pray. A. B. [See 2 Chit. Ar. Pr. 890.] 3. Prochein Amy's Consent thereto. I hereby consent and agree that the above-named A. B. shall be at liberty to prosecute this action by me, as his next friend, according to the prayer of the above petition. Witness W. W. [See 2 Chit. Ar. Pr. 890.] N.F. 4. Affidavit of Signature to Petition and Consent. In the Q. B. [or "C. P." or on A. B. against C. D. W. W. clerk to P. A. of gentleman, attorney for the above-named plaintiff, maketh oath and saith, that A. B., the above-named plaintiff, did the day of instant [or "last"], duly sign the petition hereunto annexed, in the presence of this deponent: And this deponent further saith, that at the same time he was present and did see N. F., the person mentioned in the prayer of the said petition, duly sign the consent or agreement thereunder written, as the next friend of the said A. B. Sworn [&c. see ante, 207.] 5. Judge's Order for a Rule thereon. W. W. B. Upon reading the petition of A. B., the consent of N. F. against thereunder written, and the affidavit of W. W., I do order that D. the masters do draw up a rule that N. F. be admitted to prosecute for A. B. (who is an infant under the age of twenty-one years) against C. D. a certain action upon promises [or "of debt," as the action may be], in the court of Queen's Bench [or "Common Pleas," or "Exchequer of Pleas"], as the next friend of the said C. D. during his minority. Dated the day of V. 1840. [See 2 Chit. Ar. Pr. 890.] [Judge's signature.] 6. Rule of Court thereon in Q. B. or C. P. On the day of A. D. 18-. A. B. It is ordered by the court, that N. F. be admitted to prosecute for A. B. (who is under the age of twenty-one years) C. D. against C. D. a certain action on promises [or as the action may be], in the court of Queen's Bench [or "Common Pleas"], as the next friend of the said A. B. during his minority. By the Court. [See 2 Chit. Ar. Pr. 890.] A. B. V. 7. The like, in Exchequer. N. F. of is admitted to prosecute for A. B. (who is an infant under the age of twenty-one years) this action in the court of Exchequer against C. D. as the next friend of the said A. B. during his minority. C. D. Admitted the day of 1840. [Baron's signature.] 8. Petition to defend by Guardian. [Commence the same as the petition, ante, 525, No. 2.] Sheweth, That the above-named plaintiff hath lately commenced an action at law in this honourable court against your petitioner, for [state the cause of action concisely as you would in an affidavit to hold to bail; see ante, 212 to 227] and your petitioner is advised and believes that he has a good defence |