aside all excuses, you obey, fulfil, and perform all and every matter and thing specified in an order of our court of Exchequer at Westminster, made in a cause in our said court depending between us and C. D. outlawed at the suit of A. B. upon an outlawry; the tenor of which order, for your fuller information therein, is hereto annexed; and this you are not to omit under the penalty of £100, which we shall cause to be levied upon your goods and chattels, lands and tenements, for our use, if you neglect this our command. Witness (name of chief baron), at Westminster, the in the year of our Lord By the said order made the same day, and by the barons. [See 2 Chit. Ar. Pr. 933.] day of 28. Entry of Proceedings to Outlawry, where there was a Writ of Foreign Proclamation and Allocatur Exigent.-Recognizance of Bail in Error, to reverse Outlawry. [See Forms, Tidd's Forms, 49.] 29. Declaration in Action against one of two Defendants, where the other has been outlawed. In the Q. B. [or " C. P." or " Exch. of Pleas."] On the day of, in the year of our Lord (to wit.) A. B. by P. A. his attorney, complains of C. D. who has been summoned to answer the said A. B. in an action on promises, [or as the form of action is]: And thereupon the said A. B. by P. A. his attorney, complains: For that whereas the said C. D. and one E. F. (which said E. F. by due course of law has been outlawed [or if a woman, say "waived"], at the suit of the said A. B. in this action, and still remains so outlawed, on were indebted &c. [state the promises and breach by both the defendants, naming them, and conclude], To the damage of the said A. B. of £—, and therefore he brings his suit &c. [See 2 Chit. Ar. Pr. 934.] 30. Non-pros for not declaring, after the Defendant's Appearance on an Exigi facias, in Q. B. day of judgment is signed), in the of Queen Victoria. On the A.D. (the day on which year of the reign (to wit.) A. B. who brought a writ of exigi facias of our lady the queen before the queen herself, against C. D. late of —, in an action on promises (as the plea is), did not prosecute his writ aforesaid: Therefore on he is thereupon in mercy &c. (a) and let the said C. D. go thereof without day &c. It is also considered [&c. conclude as in a judgment of non-pros, post, 606, 607.] (a) The forms used to run thus: "Therefore he and his pledges to prosecute are thereupon in mercy &c. and let the names of the pledges be required &c. and the said C. D. go" &c.; but this, as to pledges, is no longer requisite. SECTION II. OUTLAWRY UPON FINAL PROCESS. 1. Capias ad Satisfaciendum. [Same as usual, see ante, 190, &c. See also 2 Chit. Ar. Pr. 934, 935.] 2. Writ of Exigi facias. [Same as the form, ante, 545, No. 2, but conclude it as in the ca. sa. ante, 190, No. 1. See 2 Chit. Ar. Pr. 935. No writ of proclamation is necessary in this case. 3. Capias Utlagatum, &c. The [Same as the forms, ante, 549, &c. See 2 Chit. Ar. Pr. 935. forms of the other proceedings are the same as those in the preceding section, mutatis mutandis.] SECTION III. REVERSAL OF OUTLAWRY. [See 2 Chit. Ar. Pr. 935; and the forms of writs of error coram nobis, for reversing an outlawry, ante, 143, &c.] 1. Entry of Outlawry on the Roll, with Plea of no Proclamation, and Reversal of Outlawry thereon (a). On the day of ———————, in the year of our Lord (to wit.) Our lady the queen sent to her sheriff of her writ close in these words, that is to say: Victoria, [&c. copy the exigent to the end, and then thus:] On which day, 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 her majesty's Exchequer"] at Westminster, S. S., sheriff of aforesaid, has returned the writ aforesaid to him directed, as follows, that is to say, [copy the return of the exigent, and also the allocatur exigent, if any, and the return thereto, beginning each on a new line, and then proceed thus:] Afterwards, to wit, on- the day of, in the year of the reign of our said lady the now queen (the return of the exigent or allocatur on which defendant was outlawed), before our said lady the queen or "the justices of our lady the queen," or in Exch. "before the barons of our lady the queen"] at Westminster, comes the said C. D. by D. A. his attorney, and immediately says that no writ of our said lady the queen of proclamation, according to the form of the statute of the thirty-first year of the reign of the lady Elizabeth, late queen of England, in that case made and provided, issued against the said C. D. in the (a) See the forms, Tidd's Forms, 62. action aforesaid; whereby the outlawry aforesaid against the said C. D. in form aforesaid pronounced and had, is by the said statute void, and of no force or effect in law; and this the said C. D. is ready to verify, wherefore he prays judgment, and that the outlawry aforesaid against him the said C. D. in form aforesaid pronounced and had, may be revoked, annulled, and altogether held for nothing, and that the said C. D. may be restored to the common law of England, and to all things which he hath lost on occasion of the said outlawry: And the said C. D. according to the form of the statute in such case made and provided, finds sufficient bail, to wit, B. B. of and T. B. of And now here at this day come the bail aforesaid, and each of them for himself severally acknowledges to owe to the said A. B. £——, which said several sums of £, they grant, and each of them for himself grants, shall be made of their and each of their lands and chattels, and levied to the use of the said A. B. on condition that the said C. D. shall appear and answer the said A. B. to a new writ, by the said A. B. to be sued out for the cause in the said writ mentioned, and shall pay the condemnation which shall be recovered, if the said A. B. shall prosecute his suit within two terms next following: Whereupon the aforesaid writ being seen, and the file of writs of the return of the said writ of exigi facias being searched for the writ of proclamation aforesaid, it manifestly appears to the same court [or "justices," or "barons"] now here that the allegation of the said C. D. above made for his discharge from the outlawry aforesaid, is true: Thereit is considered that the outlawry aforesaid against the said C. D. in form aforesaid pronounced and had, be revoked, annulled, and altogether held for nothing, and that the said C. D. be discharged from the outlawry aforesaid, and be in nowise molested or aggrieved on that occasion, but go thereof without day &c. and that the said C. D. be restored to the common law of England, and to all things which he hath lost on occasion of the outlawry aforesaid &c. [See 2 Chit. Ar. Pr. 938; see another form, on plaintiff's confession, Tidd's Forms, 54; also a form of plea that defendant was beyond sea at the time of the exigent awarded, and entry of reversal thereon, id. 54.] 2. Supersedeas upon Reversal of Outlawry, for want of Proclamation. Victoria, [&c. as ante, 545, No. 2,] to the sheriff of, greeting: Whereas by our writ we lately commanded you that you should not omit by reason of any liberty in your county, but by the oath of honest and lawful men [&c. recite the special capias utlagatum, to the words, "to do and receive what our said court should consider of him in that behalf:"] And because it sufficiently appears to us [or in C. P. " to our justices," or in Exch. "to the barons"] of record in our said court that the outlawry aforesaid is reversed for want of proclamation, according to the form of the statute in that case made and provided; and that the said C. D. thereupon came here into our said court, and found sufficient bail to answer to the said A. B. upon a new writ to be brought by the said A. B. within two terms next after the reversal of the outlawry aforesaid, and to satisfy the condemnation, if the said C. D. should be convicted: Therefore we command you, that if you have taken the goods and chattels of the said C. D. by virtue of the writ aforesaid, you cause them to be redelivered to the said C. D. without delay: We also command you, that you wholly cease from taking the said C. D., attaching, imprisoning, or anywise molesting him on the occasion aforesaid; and if you have taken him on that occasion, and no other, then that you cause him to be set at day of (name of chief justice, in the year of our liberty without delay, at your peril. Witness or chief baron), at Westminster, the Lord 3. Supersedeas by consent of the Plaintiff's Attorney, on the Defendant's putting in Bail. Victoria, [&c. as ante, 545, No. 2,] to the sheriff of -, greeting: Whereas by our writ we lately commanded you that [&c. proceed as in the preceding form, to the words "consider of him in that behalf:"] And because the said C. D., by the assent of the attorney of the said A. B. came into our said court, and found sufficient bail to answer to the said A. B. of the plea aforesaid, and to satisfy the said A. B. all damages, costs, and charges in that behalf to be recovered, if it should happen that the said C. D. should be convicted in the plea aforesaid, and did not satisfy the said damages, costs, and charges, or render himself to the prison of the marshal of the Marshalsea of our court before us [or in C.P. or Exch. "to our prison of the Fleet"], on that occasion: Therefore we command you [&c. conclude as in the preceding form.] See 2 Chit. Ar. Pr. 939.] CHAPTER III. REMOVAL OF PRISONERS INTO THE CUSTODY OF THE MARSHAL OR WARDEN. 1. Habeas Corpus cum Causá, in Q. B. Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the marshal of our prison of the Marshalsea, before us [or "to the warden of our prison of the Fleet," or" to the sheriff of (a)] greeting: We command you that you have the body of C. D. detained in our prison under your custody, as it is said, under safe and secure conduct, together with the day and cause of (a) The following are directions of writs of habeas corpus and certiorari to different inferior courts. For the direction of writs to corporate bodies, see now the schedules A. and B. in the 5 & 6 Will. 4, c. 76. Mayor's Court of London. To the mayor, aldermen, and sheriffs of the city of London. Sheriff's court. city of London. Liberty of St. Martin's-le-grand. To the steward of the dean and chapter of the collegiate church of St. Peter, Westminster, of the court of their liberty or precincts of St. Martin-le-grand in London, and to the constables there. County court. To the sheriff of Palace court. To the judges of our palace court at Westminster, and to each of them. Borough court of Southwark. To the steward of the court of the liberty of the mayor and commonalty and citizens of the city of London, of their town and borough of Southwark, in the county of Surrey, and to the bailiff of the same liberty. Whitechapel court. To the steward of our court of record, within the manors of Stepney and Hackney, in the county of Middlesex, the hamlets and liberties of the same, and also to the prothonotary of the same court. To the sheriffs of the Canterbury. To the steward of the liberty of, by divine providence archbishop of Canterbury, in the court of his palace, within the city of Canterbury. Ely. To our justices of the bishop of Ely, assigned to hold pleas within the isle of Ely, and to the steward of the same bishop, within the liberties of the isle aforesaid, and to every of them. Or thus: To our trusty and well-beloved our chief justice, assigned to hold the sessions of pleas, within the liberty or royal franchise of the honourable and right reverend father in God by divine permission lord bishop of Ely, within the isle of Ely in the county of Cambridge, and to, chief bailiff of the said bishop within the liberties of the said isle, and to each of them. Kingston-upon-Thames. To the bailiffs and steward of our court of our town of Kingston-upon-Thames; and, in the absence of the said steward, to the bailiffs and recorder of the same town, or any two of them. Taunton. To the bailiffs of the right reverend father in Christ -, by divine permission lord bishop of Winchester, of his liberty of Taunton and Taunton Dean, in the county of Somerset. Wells. To the steward or bailiff of our court of pleas, granted to the reverend father in Christ -, lord bishop of Bath and Wells, held at the Guildhall within the city and borough of Wells, in the county of Somerset. |