done;" then add: And afterward the said A. D. died intestate, and administration of the goods and estate which were of said A. D. was duly committed to J. D., of, as we are informed: (or died testate, having first made his last will and testament, and appointed J. D. executor thereof; who has, since his death, duly proved the said will, and taken upon himself the execution thereof, as we are informed :) then proceed as in same form, describing the defendant "as administrator (or executor) as aforesaid." 647. Scire facias by husband and wife. Proceed as in form 644, above, to "whereof execution remains to be done;" then add: And afterwards the said A. P. intermarried with J. N., and since has been and still is the wife of said J. N., as we are informed. Then proceed as in same form, except husband and wife are both named, thus: "to show cause, &c., why said J. N., and A. N. his wife, should not have execution," &c. 648 Scire facias against husband and wife. The marriage is alleged as in last form. Husband and wife are both named as defs., thus: Summon A. D., and J. his wife, to show cause, &c. 649. Scire facias upon subsequent breaches. THE STATE OF NEW-HAMPSHIRE. H-ss. To the Sheriff of said County, or his Deputy, or to any Constable of any Town in said County. [L. S.] Whereas A. P., of -, &c., before me, J. P., a justice of the peace, at, in-, in said county, on the day of, at o'clock in the noon, impleaded A. D. of -, &c., in a plea of debt upon a certain writing obligatory, dated the day of, and sealed with the seal of said A. D., whereby said A. D. acknowledged himself to be held and firmly bound to said A. P. in the sum of- dollars, to be paid to said A. P.; and such proceedings were thereupon had that it was considered by the said justice that said A. P. ought to recover against said A. D. the sum of, being the whole penalty in the bond aforesaid, and execution was thereupon awarded to said A. P. for the sum of dollars, being the amount justly due at that time, and costs taxed at -: And whereas the said penalty was designed to secure the performance of several things to be done at different times, and whereas in the condition of said bond it was agreed that said A. D. should pay to said A. B. the sum of dollars and interest, on the day of, now past; and the said A. D., though requested, has never paid the same, whereby the said sum and interest is now equitably due to the said A. P., as we are informed: day of - at We command you, therefore, to summon the said A. D., if to be found in your precinct, to appear before me, the said justice, at —, in -, in said county, on the o'clock in the -noon, to show cause, if any he has, why said A. P. should not have execution against him for the sums aforesaid. And make return of this writ with your doings therein. Dated the day of, A. D. 185-. J. P., Justice of the Peace. 650. Scire facias upon a bond given upon restoring property attached. See R. S. 371, § 27; ch. 8, § 32. THE STATE OF NEW-HAMPSHIRE. C-ss. To the Sheriff of said County, or his Deputy, or to any Consta[L. 8.] ble of any Town in said County. as Whereas A. P., of -, &c., before me, J. P., a justice of the peace for said county of C-, at, in O., in said county, on the day of -, 185-, by the consideration of said justice recovered judgment against J. D., of —, &c., for the sum of, and costs taxed at —, appears of record, whereof execution remains to be done; and whereas certain goods and chattels of said J. D. were attached upon the original writ in said action, by J. S., a deputy sheriff for said county, and upon request of said J. D. were appraised and restored by the said officer to said J. D. upon his giving bond to the said sheriff in the sum of dollars, with sureties; and whereas the said J. D., and O. P. and R. S., both of -, &c., as his sureties, by their writing obligatory, dated the day of, sealed with their seals and duly returned with said original writ to said justice, as by the record thereof appears, jointly and severally acknowledged themselves to be indebted to, sheriff of said county of C., in the sum of dollars, the said writing obligatory being subject to the condition that the said J. D. should well and truly pay to the said sheriff the sum of - dollars, being the appraised value of the said goods and chattels, or so much thereof as should be necessary to pay and satisfy any executions for the payment of which the said property or its proceeds was or might be by law holden; and whereas, on the day of, a writ of exe cution issued on the judgment aforesaid, and was delivered to then and still a deputy sheriff for said county, to be executed, and the said deputy sheriff then and there demanded of said J. D. the payment of the sum of, being the sum necessary for the satisfaction of the execution aforesaid, for the payment of which the said property and its proceeds were by law holden, and the said J. D. did then and there neglect and refuse to pay the same, as we are informed: We command you, therefore, to summon the said J. D., O. P. and R. S. to appear before me, the said justice, at, &c., on, &c., to show cause, if any they have, why the said A. P. should not have execution for the amount of said judgment and costs. And make return of this writ with your doings therein. Dated the - day of, A. D. 185–. 651. Pleas in scire facias. J. P., Justice of the Peace. [The def. may plead, No such record-form 420; Payment-F. 422; Satisfaction— F. 377; Release-F. 381; and generally any matter of defence arising since the judgment was rendered.] 652. Judgment in scire facias. The forms do not materially differ from those given in form 515, &c. 1. When review lies. CHAPTER 24. OF REVIEWS. 2. Plaintiff in review to produce copies. 3. Case, how tried on review. 4. Judgment, how rendered. 5. Judgment for costs, how rendered. 6. Costs limited, when. 1. In the case mentioned in chapter 10, sections 8, 9, and 10, page 83, (R. S. 375, 7, 8 and 9,) a review may be brought before a justice. § 2. The party bringing any action of review shall produce in court attested copies of the writ, pleadings, judgment, and all papers used and filed at the former trial; otherwise a nonsuit shall be entered. R. S. 386, ch. 192, § 8; C. S. 494, § 8. § 3. Every case shall be tried upon review in the same manner as if no judgment had been rendered therein, and any new or further evidence may be produced therein. R. S. 387, §9; C. S. 494, § 9. § 4. If the amount of property, debt or damages, recovered by the original plaintiff, is increased on review, he shall recover judgment for the excess and costs; if such amount is reduced, the original defendant shall recover judgment for the amount of such reduction and costs. R. S. 387, § 10; C. S. 494, § 10. § 5. If the original plaintiff shall review, and shall not recover a greater amount of property, debt or damages, the defendant shall recover costs; if such review is brought by the defendant, and the amount of property, debt or damages is not reduced, the original plaintiff shall recover costs. R. S. 387, § 11; C. S. 494, § 11. § 6. No costs shall be recovered in an action of review, except those accruing upon such review; and the party bringing such review shall recover no more costs than the amount of the property, debt or damages he may recover therein, unless the original judgment shall be wholly reversed. R. S. 387, § 12; C. S. 494, § 12. FORMS OF PROCEEDINGS. 653. Writ of review. THE STATE OF NEW-HAMPSHIRE. R-ss. To the Sheriff of said County of R., or his Deputy, or to any [L. S.] Constable of any Town in said County. We command you to summon J. S., of &c., (if to be found in you precinct,) to appear before me, J. P., a justice of the peace for said county of R., at my office in -, in said county, on-, the day of -, at o'clock in the noon, to answer to J. D., of, &c. in a plea of review of a plea of the case wherein the said J. S. was pl. and the said J. D. was def.; for that, &c., (here insert the original declaration,) to the damage of the said J. S., as he said, the sum of thirteen dollars, which action was commenced and entered before said justice on the day of; and upon suggestion of the pl. that no personal service was made on the def. by reason that he resides out of the State, it was ordered by said justice that said action should be continued to the day of -, and that notice of the pendency of said suit should be given by posting up a copy of said order at two of the most public places in said in which town said J. D. was last known to be an inhabitant of this State, forty days before the said day of -; and upon said order being complied with, and said J. S. giving bond to said J. D. to respond the judgment which the said J. D. should recover upon a review of said action, judgment was rendered by said justice that said J. S. recover against said J. D. the sum of dollars damages, and costs of suit taxed at -; which judgment the said J. D. says is wrong and erroneous, and ought to he reversed, because he says that said judgment ought to have been rendered for the defendant for his costs, to the damage of said J. D., as he says, the sum of thirteen dollars. Wherefore, for reversing said judgment, the said J. D. brings this suit. And make return of this writ, with your doings therein. Dated the day of, A. D. 185-. J. P., Justice of the Peace. 654. Return of service. See forms 176 to 190. 2. The form of judgment. 1. H-ss. (See forms of judgments-form 515.) 2. J. S., of -, def. in review, vs. J. D., of —, pl. in review. 3. In a plea of review, &c., (reciting the declaration down to "his damage, as he says, the sum of thirteen dollars.") 4. The original pl. appears, and the def. comes and defends, &c., when, &c., and says that he never promised the pl., as he has declared against him, and thereof puts himself on trial: By J. H., his attorney; and the original pl. doth the like, by D. A., his attorney; and after hearing the allegations, evidence and arguments of the parties, and their counsel, learned in the law, it appears to me that the said original def. did promise the pl., as he has declared against him. 5. It is, therefere, considered by me, the said justice, that said original pl. recover against said original def. his costs, taxed at -. J. P., Justice of the Peace. 4. Or, it appears to me, the said justice, that said original def. did not promise said original pl., as he has alleged against him. 5. It is, therefore, considered that said original def. recover against said original pl. the sum of —, and costs taxed at —. 4. Or, it appears to me, the said justice, that said original def. did promise the pl. as he has declared against him, and that said original pl. has sustained damage to the amount of, and no more. It is, therefore, considered by me, the said justice, that said original def. recover againt said original pl. the sum of damages, and costs taxed at The other proceedings are similar to those in original actions. CHAPTER 25. OF REPLEVIN. 1. Beasts impounded, how replevied. 2. Property claimed by third person. 3. Property exempt from attachment. 4. Suits, where to be brought. 5. Plaintiff to give bond, how. § 1. Any person whose beasts are impounded may at any time while they remain in the pound maintain replevin therefor against the impounder thereof. R. S. 411, ch. 204, § 1; C. S. 520, § 1. § 2. When any goods or chattels, attached on any writ of mesne process, are claimed by any other person, he may maintain replevin therefor. R. S. 411, § 2; C. S. 520, § 2. § 3. If any goods or chattels, exempted by law from attachment, are attached upon mesne process, and before they are taken on execution, the owner, or person out of whose possession they were taken, may maintain replevin therefor. R. S. 411, § 3; C. S. 520, § 3. § 4. If the value of property replevied does not exceed thirteen dollars and thirty-three cents, the action shall be brought before a justice; otherwise, in the court of common pleas. R. S. 411, § 4; C. S. 520, § 4. |