his being taken and detained, by whatsoever name he may be called or known, before our right trusty and well-beloved (name of chief justice), our chief justice assigned to hold pleas in our court before us [or in C. P. "before our right trusty and well-beloved Sir — (name of chief justice in C. P.), knight, our chief justice of the Bench," or in Exch. "before the honourable sir chief baron of our Exchequer"], at his chambers in Roll's Garden, [or " at his house, situate, &c."] immediately after the receipt of this writ, to do and receive all and singular those things which our said chief justice [or "chief baron,”] shall then and there consider of him in this behalf; and have there [or in Q. B. "there then"] this writ. Witness (name of chief justice, or in Exchequer chief baron), at Westminster, the in the year of our Lord day of [See 2 Chit. Ar. Pr. 941.] 2. Habeas Corpus ad Respondendum, in Q. B. or C. P. Victoria, [&c. as supra, No. 1]: 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 his being taken and detained, by whatsoever name he may be called or known, before us [or in C. P. before our justices"] at Westminster, on to answer A. B. in an action upon promises [or as the cause of action may be], and further to do and receive all and singular those things which our said court before us [or in C. P. "before our justices"] shall then and there consider of him in this behalf, and have you there [or in Q. B." there then"] this writ. Witness (name of chief justice), at Westminster, the day of - in the year of our Lord [See 2 Chit. Ar. Pr. 942.] 3. Habeas Corpus ad Satisfaciendum. Victoria, [&c. as supra, No. 1]: We command you that you have before us [or in C. P. "before our justices," or in Exch. "before the barons of our Exchequer"] at Westminster, on, (a) the body of C. D. detained in our prison, under your custody, as we are informed, under safe and secure conduct, together with the day and cause of his being taken and detained, by whatsoever name he may be called in the same, to satisfy A. B. as well a certain debt [&c. as in the ca. sa. ante, 190, No. 1; or in covenant, assumpsit, &c. "the sum of £,"] which in our court before us [or "our justices," or "the barons"] at Westminster were awarded to the said A. B. for [&c. as in the forms of ca. sa. ante, 190, &c. to the words] whereof the said C. D. is convicted; and further to do [&c. conclude as in the preceding form.] [See 2 Chit. Ar. Pr. 942.] (a) Semble. The writ need not name a day certain, Furnival v. Stringer, 3 Bingh. N. C. 96. CHAPTER IV. REMOVAL OF CAUSES FROM INFERIOR COURTS. SECT. I. Removal by Habeas Corpus. II.-Removal by Certiorari. SECTION I. BY HABEAS CORPUS. B. V. 1. The Writ of Habeas Corpus (a). [See 2 Chit. Ar. Pr. 944.] 2. Rule or Order for Procedendo, to compel Defendant to put in Common Bail (b). Unless the defendant shall put in common bail, within four days [in term, or "six" days in vacation] next after notice of this rule D. given to him or his attorney, let a procedendo issue for the plaintiff. Dated the day of [See 2 Chit. Ar. Pr. 944.] 3. Common Bail-piece in Q. B. In the Queen's Bench. term, in the pus, to (venue) (to wit.) C. D. is delivered to bail, on a habeas cor John Doe, of London, yeoman, and Richard Roe, of the same place, yeoman, [See 2 Chit. Ar. Pr. 948.] (a) See forms of return thereto, that the defendant was taken, &c. on a plaint levied in the sheriff's court of London, Tidd's Forms, 6th ed. 158. (b) Imprisonment on mesne process in inferior courts being now abolished by 1 & 2 Vict. c. 110, s. 1, the at the suit of A. B. D. A. attorney. defendant need not in any case put in special bail in the court above; filing common bail is sufficient. The forms as to putting in special bail on removal, are therefore omitted from this edition. In the Q. B. [or "C. P."] A. B. plaintiff and C. D. defendant. Take notice, that common bail was this day filed at the chambers of in Rolls' Garden, [or in C. P. " at the master's office, Mr. Justice in London."] Dated the day of - 1840. To Mr. P. A. plaintiff's attorney 6. Writ of Procedendo. [or "agent."] Victoria, [&c. as in the direction of the habeas corpus, see ante, 561, No. 1, greeting: Although we lately by our writ commanded you, that you should have the body of C. D. detained in our prison under your custody, as it was said, under safe and secure conduct, together with the day and cause of his being taken and detained, by whatsoever name the said C. D. might be called in the same, before our right trusty and well-beloved (name of chief justice), our chief justice assigned to hold pleas in our court before us, [or in C. P. "before the Right Honourable knight, our chief justice of the Bench," or in the Exch. "before the Honourable Sir knight, chief baron of our Exchequer," at his chambers [or "house," &c. as in habeas corpus] immediately after the receipt of that writ, to do and receive all and singular those things which our said chief justice [or "chief baron"] should then and there consider of him in that behalf; yet we, being now moved by certain causes in our court before us, [or in Exch. "before the barons of our said Exchequer," or in C. P. thus: "yet for certain causes in this behalf specially moving our justices of the Bench aforesaid, we"] command you and every of you, that in all plaints and suits against the said C. D. at the suit of A. B. in our court before you, or any of you, levied or affirmed, or before you or any of you now depending undetermined, you proceed with what speed you can, in such manner, according to the law and custom of England, as you shall see proper; our said writ to you thereupon before directed to the contrary thereof in anywise notwithstanding. Witness (name of chief justice or chief baron), at Westminster, the in the year of our Lord of [See 2 Chit. Ar. Pr. 948.] 7. Declaration in Q. B. after Removal. day (to wit). A. B. complains of C. D. being in the custody of the marshal of the Marshalsea of our lady the now queen before the queen herself, in an action on promises (or as the plea is): For that [&c. proceed as usual]. [See 2 Chit. Ar. Pr. 949.] 8. The like, in C. P. In the Common Pleas. On the day of Victoria. (to wit). C. D. was attached [or "summoned"] to answer A. B. in an action on promises (or as the plea is) and thereupon the said A. B., by P. A. his attorney, complains: For that [&c. conclude as usual]. (to wit). 4. B. a debtor to our lady the queen, cometh before the barons of her majesty's Exchequer on the day of in this same term, and by P. A. his attorney complains by bill of C. D. present here in court the same day, in an action on promises [&c. or as the plea is]: For that [&c. proceed as usual]. SECTION II. BY CERTIORARI. 1. The Writ of Certiorari (a). Victoria, [&c. as ante, 561, No. 1, and see the note there,] greeting: We being willing for certain causes to be certified of a plaint levied in our court before you against C. D. at the suit on A. B. in an action on promises, (or as the plea is,) command you, that you send to us [or in C. P. "to our justices," or in Exch. "to the barons of our Exchequer"] at Westminster, on - (b), the plaint aforesaid, with all things touching the same, as fully and entirely as it remains in our court before you, by whatsoever names the parties may be called therein, together with this writ, that we may further cause to be done thereupon what of right we shall see fit to be done. Witness - (name of chief justice, or in Exch. the name of chief baron), at Westminster, the day of -- in the year of our Lord [See 2 Chit. Ar. Pr. 944, 946.] 2. Return thereto. (a) See the form of a certiorari to the mayor &c. of London, to remove bill, original, and attachment, Tidd's Forms, 148; and of the return thereto of proceedings in the mayor's court, by foreign attachment, id. Also the form of a certiorari to the mayor &c. of Bristol, to remove all plaints and attachments, id. 151. The like, to remove plaint from the Common Pleas at Lancaster, id. (b) See as to the return, 2 Chit. Ar. Pr. 947. 3. Rule or Order for Procedendo. 4. Common Bail, &c. [See the form, ante, 563, No. 3.] 5. Writ of Procedendo(a). Victoria, [&c. as in the certiorari, see ante, 561, No. 1.] Although we being willing for certain causes to be certified of a plaint levied in our court before you against C. D. at the suit of A. B. in an action on promises, (or as the plea is,) lately by our writ commanded you, that you should send to us at Westminster, [or in C. P. " to our justices at Westminster," or in the Exch." to the barons of our Exchequer at Westminster," on a certain day now past, the plaint aforesaid, with all things touching the same, as fully and entirely as it remained in our court before you, by whatsoever names the parties might be called therein, together with that writ, that we might further cause to be done thereupon what of right we should see fit to be done; yet we being now moved by certain causes in our court before us, [&c. as ante, 564, No. 6,] command you and every of you that in the plaint aforesaid you proceed [&c. conclude as ante, 564, No. 6.] 6. Affidavit to obtain a Certiorari on 19 Geo. 3, c. 70, s. 4, for having Execution upon a Judgment of an Inferior Court (b). In the Q. B. [or "C. P." or " Exch. of Pleas."] , P. A. of gentleman, attorney for A B., in a certain suit hereinafter mentioned, and S. S. of serjeant-at-mace, [&c. according to his office,] severally make oath and say, and first this deponent P. A. for himself saith, that on or about last past a certain suit was commenced by the said A. B. against C. D. in (state the title of the court) the same being a court of record, for the amount of goods sold and delivered by the said A. B. to the said C. D. and at his request (or as the cause of action may be); and such proceedings were had in the said suit, that afterwards, on last past, final judgment was given for the said A. B. against the said C. D. for £- -, (describe the judgment,) which is still in force and unsatisfied; and this deponent further saith, that he thereupon sued out a certain attachment against the person of the said C. D., and also a certain warrant against his goods and chattels founded on the said judgment, and for the purposes of having execution thereof, and delivered the same to the other deponent S. S. to execute: And this other deponent S. S. for himself saith, that upon the said attachment and warrant being by the said other deponent delivered unto this deponent as such serjeant-at-mace as aforesaid to be executed, he this deponent made diligent search and inquiry after the person and effects of the said C. D., (a) See the form of a procedendo on certiorari to the mayor's court of London, Tidd's Forms, 6th ed. 162. (b) See the form of affidavit for certiorari on stat. 32 Geo. 3, c. 68, to remove the transcript of a judgment from the Common Pleas at Lancaster, Tidd's Forms, 6th ed. 153. See 2 Chit. Ar. Pr. 947. |