Writ of capias issued out. Ante, 93. Recital of writ. Ante, 89, 90. 272, 3. bail. Ante, 92,3. 274. to sheriff. day of 9 from him: For that whereas the said plaintiff, heretofore, to wit, on the in the year of the reign of our lord the now king, (date of writ,) sued and prosecuted out of his Majesty's court of King's Bench, (Common Pleas, or Exchequer of Pleas,) at Westminster in the county of Middlesex, a certain writ of our said lord the king, called a writ of capias, against the said C. D. directed to the sheriff of the county of and bearing date a certain day and year therein mentioned, to wit, the day and year aforesaid: By which said writ, our said lord the king commanded the said sheriff, that he should omit not by reason of any liberty in his bailiwick, but that he should enter the same, and take the said C. D. if he should be found in his bailiwick, and him safely keep, &c. (reciting the writ throughout, to the teste, for which Indorsement for vide ante, p. 272, 3.) which said writ afterwards, and before the delivery thereof to the sheriff of the said county of to be executed, as is hereinafter mentioned, to wit, on the day and year aforesaid, in the county of- (the venue, if not laid in the county where the defendant was arrested,) was duly marked and indorsed for bail for 1. by affidavit, according to the form of the staDelivery of writ tute in such case made and provided; and which said writ, so indorsed, afterwards, to wit, on the day and year aforesaid, in the county last aforesaid, was delivered to the said G. H. who then, and from thence until, and at and after the execution of the said writ, and making of the writing obligatory hereinafter mentioned, was sheriff of the said county of -, in due form of law to be executed By virtue of which said writ, the said G. H. so being such sheriff as aforesaid, afterwards, and within four calendar months from the date of the said writ, including the day of such date, to wit, on the in the year of our Lord 18—, (date of bail bond,) within his bailiwick as such sheriff, to wit, in the county of aforesaid, (the county wherein the defendant was arrested,) executed the said writ, and then and there took and arrested the said C. D. by his body, and had and detained him in his custody, as such sheriff, at the suit of the said plaintiff, for the cause aforesaid: And the said G. H. then and there, upon and forthwith after the execution of the said writ, caused a copy of Ante, 89. 96, 7. the said writ, together with every memorandum and notice subscribed thereto, and all indorsements thereon, to be delivered to the said C. D. according to the form of the statute in such case made and provided: And the said C. D. being so arrested, and in custody of the said G. H. so being such sheriff as aforesaid, by Ante, 95. Arrest. Ante, 96. Delivery of copy of writ, &c. to defendant. Taking bail. Ante, 89. 97. 106. : day of Bail bond. virtue of the said writ, at the suit of the said plaintiff, as afore- CH. XVII. said, the said G. H. afterwards, and within eight days after the execution of the said writ as aforesaid, inclusive of the day of such execution, to wit, on the day and year last aforesaid, and within the bailiwick of the said sheriff, to wit, in the county last aforesaid, took bail for the said C. D.'s causing special bail to be put in for him to the said action, in his said majesty's court of as required by the said writ, and according to the form of the statute in such case made and provided; and on that occasion, the said defendants then and there, to wit, on the day and year last aforesaid, in the county last aforesaid, by their certain writing obligatory, commonly called a bail-bond, sealed with their respective seals, and now shewn to his said majesty's court here, the date whereof is a certain day and year therein mentioned, to wit, the day and year last aforesaid, acknowledged themselves to be held and firmly bound to the said G. H. so then being sheriff of the said county of as such sheriff, (by the Ante, 89. (f.) 273. bond. Ante, 89. (f) 276, 7. name, description, and addition of G. H. Esquire, sheriff of the county of -,) in the penal sum of -l. of good and lawful money of Great Britain, to be paid to the said sheriff, or his certain attorney, executors, administrators, or assigns; with and un- Condition of der a certain condition thereto subscribed, whereby, after reciting that the said C. D. was, on the day of taken by the said sheriff, &c. (stating the recital in the condition of the bond, for which, as taken by the sheriff of Middlesex, &c. vide ante, pp. 276, 7,) the condition of the said writing obligatory was declared to be such, that if the said C. D. did cause special bail to be put in for him to the said action, in his majesty's said court, as required by the said writ, then the said obligation was to be void, and of no force, otherwise to stand and remain in full force, vigour and effect; as by the said writing obligatory, and the condition thereof, reference being thereunto had, may more fully and at large appear. And the said plaintiff in fact saith, that the said C. D. did not cause special bail to be put in for him to the said action, in his majesty's said court, as required by the said writ, but therein wholly failed and made default: whereby the said writing obligatory became forfeited. And the said plaintiff further saith, that the said writing obligatory being so forfeited, and the money therein specified being and remaining unpaid and unsatisfied to the said sheriff, he the said G. H. so being sheriff of the said county of — as aforesaid, afterwards, to wit, on the day of in the year aforesaid, (date of assignment,) in the county of aforesaid, (the Breach of condition, by not putting in special bail. Ante, 89. 93. 106. 10s. 287. Assignment of bond to plaintiff. Ante, 108. (c.) 283. tion hath ac crued, &c. CH. XVII. venue,) at the request of the said A. B. the plaintiff in the said suit, by an indorsement on the said writing obligatory duly made, in the presence of and attested by two credible witnesses, and sealed with his seal of office of sheriff of the said county of assigned the said writing obligatory to the said 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 now shewn to his said majesty's court here, the date whereof is a certain day and year therein mentioned, to wit the day and Whereby an ac year last aforesaid, may more fully appear: By means whereof, and by force of the statutes in such case made and provided, an action hath accrued to the said plaintiff, as assignee of the said G. H. so being sheriff of the said county of as aforesaid, to demand and have of and from the said defendants, the said sum above demanded: Yet the said defendants (although often requested so to do,) have not, nor have nor hath any or either of them, as yet paid the said sum above demanded, or any part thereof, to the said G. H. before the said assignment, or to the said plaintiff, assignee as aforesaid, since the said assignment; but have hitherto wholly refused and neglected so to do, and still refuse to pay the same, or any part thereof, to the said plaintiff, assignee as aforesaid; to the damage of the said plaintiff, as assignee as aforesaid, of 101. and therefore he brings his suit, &c. ($ 11.) Notice of filing declaration in chief, and to plead, &c., where plaintiff appears for defendant, on serviceable process. Ante, 122, 3. In the King's Bench, &c. (265.) A. B. plaintiff, &c. (id.) Take notice, that a declaration was this day (or, 66 on the day of instant, or last",) filed against you, with the clerk of the declarations in the King's Bench office, (or, in C. P. " with the prothonotaries, at their office in Tanfield Court,") in the Inner Temple, London; (or, in the Exchequer of Pleas," in the office of Pleas of this honourable court, situate in Lincoln's Inn, in the county of Middlesex",) at the suit of the above named plaintiff, in an action on promises, (or, of debt, &c. as the case may be ;) and unless you plead thereto in four days, (or "eight days," if the defendant live above twenty miles from London, or the venue be laid in the country,) judgment will be signed against you by default. Dated this day of 18-. To Mr. C. D., the above named defendant. Yours, &c. } E. F. plaintiff's attorney. In the King's Bench, &c. (265.) A. B. plaintiff, &c. (id.) ($ 12.) Affidavit for ob taining leave to stick up notice of declaration in office. G. H. of —, clerk to E. F. gentleman, attorney for the above named plaintiff, maketh oath and saith, that this action was commenced on the day of last, (or instant,) by a writ of Ante, 123. summons, which appeared to this deponent to have been regularly issued out of, and under the seal of this honourable court, against the above named defendant, at the suit of the said plaintiff; and that he this deponent did, on the day of instant, (or last,) personally serve the said defendant with a copy of the said writ, but the said defendant hath not appeared, according to the exigency thereof. And this deponent further saith, that the said defendant hath, since the commencement of this action, removed from his last known dwelling house, situate at in the county of; and that this deponent hath made inquiry after the said defendant, of the landlord of the house wherein he formerly resided, but could not learn to what place he had removed: And this deponent further saith, that he has also made inquiry at the counting house of I. K. of aforesaid, by whom, as this deponent has been informed and believes, the said defendant was, up to the time of the service of the writ in this action, employed as collecting clerk, but could not learn his present residence, nor where he was to be found; and such residence is wholly unknown to this deponent, nor hath he been able to serve the said defendant, personally or otherwise, with a notice of declaration in this cause, which hath been duly filed in the proper office, with a notice requiring the said defendant to plead thereto in days. Sworn, (&c.) In the King's Bench, &c. (265.) G. H. A. B. plaintiff, &c. (id.) ($ 13.) Notice of filing -day declaration, de bene esse, on bailable Take notice, that a declaration was this day (or " on the of- instant, or last,") filed against you, with the clerk of the declarations in the King's Bench office, (or, in the Common Pleas," with the prothonotaries, at their office in Tanfield Court,) in the Inner Temple, London, (or, in the Exchequer of Pleas, &c. as in § 11.) conditionally, until special bail be put in and perfected, (or, if bail has been put in, "until special bail be perfected,") at the suit of the above named plaintiff, in an action on promises, (or, of debt, &c. as the case may be ;) and unless you appear and plead thereto in four process. Ante, 123, 4. CH. XVII. (or eight) days, &c. (as in § 11.) judgment will be signed against you by default. Dated this day of 18-. To Mr. C. D. the above named defendant. E. F. plaintiff's attorney. ( 14.) Demand of de claration. Ante, 125. In the King's Bench, &c. (265.) B. against D. The defendant demands a declaration in this cause, by To Mr. E. F. plaintiff's attorney, (or agent.) Yours, &c. G. H. defendant's attorney, (or agent.) CHAP. XX. ($ 1.) Notice of motion, on interpleader act, in action by executors, for trial of right to shares and dividends in a public company, claimed by assignees of a bankrupt. Ante, 130, 31. FORMS of PROCEEDINGS on INTERPLEADER ACT, 1 & 2 W. IV. c. 58. § 1.* In the Common Pleas. the Between Cooper and another, executors, (&c.) plaintiffs, and The Lead-smelting Company, defendants. Take notice, that this honourable court will be moved tomorrow, day of, for a rule calling upon the assignees of I. Y. C. a bankrupt, to appear before this honourable court, and to state the nature and particulars of their claim to the sum of money sought to be recovered from the defendants by the plaintiffs in this action, and to maintain or relinquish their claim; and that in the mean time, For forms of rules, &c. on the above statute, § 6. vide post, Chap. XLI. This case is reported in 2 Moore & S. 714. and see id. 810. 9 Bing. 634. 1 Dowl. Rep. 728. S. C. Ante, 131. |