(T)

Writ of Possession and Execution.

To the Sheriff of

Whereas A. B. claims the premises situate [here describe the premises] now in the possession of C. D., who holds over and refuses to deliver them up, the matter having been heard before us pursuant to law, we do adjudge that the said A. B. shall be forthwith put in possession, and shall recover his costs, being besides your fees for executing this writ; you are hereby commanded to put the said A. B. into immediate possession of said premises, and that you levy of the goods and chattels of the said C. D. the sum of for his costs, besides your fees, and for want of goods and chattels that you take the said C. D. and deliver him to the keeper of the gaol of the said County, who will safely keep him for days, unless said costs and fees be sooner paid, and make return hereof and what you have done within days from this date.

Dated this

day of

1. If the person to whom any Writ of Habeas Corpus is directed, shall, upon personal service thereof, or leaving it at the place where the party is confined with the servant or agent of the person so confining, disobey the same, he shall be guilty of contempt, and the Justice before whom the writ is returnable may, upon proof thereof by affidavit, issue a warrant to apprehend and bring such person before him, or some other such Justice, that he may enter into recognizance with two sureties, to appear at the next term to answer the contempt, and in case of refusal to become bound, to commit such person to gaol, there to remain until discharged by the Court or a Judge, and the recognizance shall be filed and continue in force until the Court shall make an order therein; but if the writ shall be

awarded so late in vacation that, in the opinion of the Judge, it cannot then be executed, it may be made returnable on some day in term, and in case of disobedience thereto, the Court shall proceed in the same manner as if the writ had been awarded by the Court; if it be awarded late in the term, it may be made returnable on a day certain in vacation before any Judge of the Court, who shall proceed thereon in all respects as for writs issuing and returnable in vacation.

2. If the return of the Writ of Habeas Corpus is sufficient in law, the Justice before whom it is returnable may proceed to examine into the truth of the facts set forth therein, and into the cause of such confinement, by affidavit, and may do therein as to justice shall appertain. If the writ shall be returned before a Justice, and it appears doubtful whether the material facts set forth in the return are true, he may admit the confined person to bail to appear in the Supreme Court upon a certain day in term, which shall continue in force until the Court shall make an order therein; and the Judge shall transmit to the Court the written return, recognizance, and affidavit, and the Court shall proceed in a summary way, by affidavit, to examine into the facts stated in the return, or shall direct an issue for the trial thereof, and shall deal with the party in the meantime as may appear just; and when the writ is awarded by and returnable into the Court, the like proceedings may be had.

3. The Court or Justice shall direct the payment of the expenses of bringing up the party, and returning him to custody if remanded, and for non-payment shall award process of contempt, the proceedings to be as in other cases of contempt for non-payment of money.

1. Upon an application of a defendant in any action made after declaration and before plea, by affidavit or otherwise,

shewing that he does not claim any interest in the subject matter of the suit, or that the same is claimed or supposed to belong to some third party, and that he does not in any manner collude with such third party, a Judge may order such third party to appear, and state the nature and particulars of, and maintain or relinquish his claim, and upon such order may hear the allegations as well of such third party as of the plaintiff, and in the meantime may stay the proceedings in such action, and may order such third party to make himself defendant in the same or some other action, or proceed to trial on a feigned issue, and also direct which of the parties shall be plaintiff or defendant on such trial, or with the consent of the plaintiff and such third party, may dispose of the merits of their claims, and determine the same in a summary manner, and make such other order therein as to costs, and all other matters, as may appear just.

2. The decision of a Judge in a summary manner, shall be conclusive against the parties, and all persons claiming under them.

3. If such third party shall not appear on service of the order to maintain or relinquish his claim, or shall neglect to comply with any order made after appearance, the Judge may declare him, and all persons claiming under him, to be for ever barred from prosecuting his claim against the original defendant or his executors, saving the right of such third party against the plaintiff; and thereupon may make such order between such defendant and the plaintiff as to costs and other matters, as may appear just.

4. Any such order may be rescinded or altered by the Court, and in any stage of the proceedings the Judge may refer the matter to the Court, who shall hear and dispose of the same.

5. Property which may be seized by a Sheriff under execu⚫tion, and claimed by a person not being the defendant, a Judge, upon application of the Sheriff made before or after the return of the process, and before or within a reasonable time after action brought against such Sheriff, may make such order for his relief as shall be just, according to the circumstances of the case; the costs shall be in the discretion of the Judge.

6. All such orders and decisions, except only the affidavits

to be filed, may, together with the declaration in the cause, (if any) be entered on record, which shall be evidence, and secure and enforce the payment of costs directed by any such order, and shall have the force and effect of a judgment, except as to lands. If the costs shall not be paid within fifteen days after taxation and demand thereof, execution may issue therefor.

1. Every action against a Justice for any official act within. his jurisdiction shall be in tort, and the declaration shall allege that the act was done maliciously, and without reasonable and probable cause; if the plaintiff fail to prove such allegations, the defendant shall have judgment; but in any matter beyond his jurisdiction, such allegations need not be made.

2. If a warrant shall not have been followed by a conviction, or if it be upon a complaint for an alleged indictable offence, and on being summoned the party fail to appear, no action shall be maintained against the Justice for any thing done thereunder.

3. No Justice issuing a warrant bona fide founded on the conviction or order of another Justice, shall be liable for any defect of jurisdiction in the first Justice.

4. When a Justice shall issue a warrant for any rate, no action shall be brought against him for any illegality or defect therein.

5. If a Justice refuse to do any official act, the Supreme Court on affidavit may, by rule, require him to perform the same, and no action shall be brought against him for any act done in obedience to such rule.

6. When a warrant of distress or of commitment shall be granted by a Justice upon a conviction or order, which either before or after granting the warrant shall have been confirmed upon appcal, no action shall be brought against him for

any

thing done thereunder, by reason of any defect in such conviction or order.

7. The proceedings in any action prohibited by this Chapter may be set aside by a Judge of the Court where brought, with or without costs.

8. No action shall be commenced against a Justice for any official act until one month at least after notice in writing of such action served upon him, or left at his usual place of abode, in which the cause of action and the Court in which it is to be brought shall be explicitly stated, and the name and place of abode of the attorney endorsed thereon. Every such action shall be brought within six months next after the cause thereof, and the venue shall be laid and the cause tried in the County where the act was committed; and the defendant may plead the general issue, and give the special matter in evidence.

9. After notice so given, and before action commenced, the Justice may tender in money to the party complaining, or his attorney, amends for the injury complained of in the notice, and before issue joined, the defendant, if he had not made a tender, or in addition to the tender, may pay money into Court; and the tender or payment into Court, or either of them, may be given in evidence on the trial, under the general issue, The verdict shall be for the defendant if the jury find the tender, or payment, or both sufficient, and the plaintiff shall not elect to be nonsuit. After satisfying the defendant's costs from the money paid in, the residue (if any) shall be paid to the plaintiff. If the plaintiff elect to accept the money, the same shall be paid him by the Clerk of auch Court, and the defendant shall pay costs, to be taxed, to be enforced by attachment, and the action shall terminate.

10. If on the trial of any action, the plaintiff shall not prove the action brought, notice thereof given within the time limited in that behalf, the cause of action stated in the notice, and that it arose in the County where brought, he shall be nonsuit, or the verdict may be for the defendant.

11. Where the plaintiff shall be entitled to recover in any action against a Justice, he shall not have a verdict for any damages beyond two pence, or any costs of suit, if it shall be proved that he was guilty of the offence of which he was convicted, or was liable for the sum he was ordered to pay, or