claimed from the garnishee], and £- for costs, and if in that behalf, whereof the said E. F. is convicted, and the amount thereof be paid to the plaintiff or his attor- have the said monies before us [or in Common Pless, ney within four days from the service hereof, further "before our justices," or in the Exchequer, "before the proceedings will be stayed. barons of our Exchequer"], at Westminster, imme [Within three days after the service fill up the follow-diately after the execution hereof, to be rendered to the ing indorsement:] This writ was served by me, X. Y., said A. B., and that you do all such things as by the on C. D., on the

day of

18-.

25. Declaration thereon.

In the Queen's Bench [or "Common Pleas," or "Ex- make appear to us [or in the Common Pleas, "to our chequer of Pleas."]

The day of, A. D.———————. (Venue). A. B., by his attorney [or "in person"], sues E. F. by a writ issued forth of this court, in these words, 6. Victoria," &c. [copy the writ]; and the said E. F. has appeared to the said writ, and the said A. B., by his attorney aforesaid, says that the said debt due from the said E. F. to the said C. D. is for &c. [here state the debt as in a declaration in ordinary cases]; and the said A. B. prays that execution may be adjudged to him accordingly for the said £and for costs of suit in this behalf.

26. Plea thereto.

,

statute passed in the second year of our reign you are authorised and required to do in this behalf; and in what manner you shall have executed this our writ justices," or in the Exchequer, "to the barons of our Exchequer," as the case may be], at Westminster, immediately after the execution hereof; and have you there then this writ. Witness -, at Westminster, the day of, in the year of our Lord

31. Ca. Sa. therein.

dom of Great Britain and Ireland, Queen, Defender e
Victoria, by the grace of God of the United King
the Faith, to the Sheriff of
mand you that you omit not by reason of any liberty
greeting. We com
of your county, but that you enter the same, and
take E. F., if he should be found in your bailiwick, and
him safely keep, so that you may have his body before

In the Queen's Bench [or "Common Pleas," or "Ex-us [or in the Common Pleas, "before our justices," or is chequer of Pleas."]

A.D.

the Exchequer, "before the barons of our Exchequer," as the case may be], at Westminster, immediately after the execution hereof, to satisfy A. B. £, the amount [or "part of the amount," if the debt be more than the judgment debt] of a debt due from the said E. F. to C.D., and for the levying of which it has been adjudged by our Court of Queen's Bench [or "Common Pleas,” er Exchequer of Pleas"] that the said A. B. should have [Copy the declaration and pleadings, and conclude his execution against the said E. F. to satisfy [or "tothus:] Therefore let a jury come &c.

The day of E. F. The said E. F., by his attorney, says ats. A. B. that he never was indebted to the said C. D., as alleged [or plead such other defence, or several defences, as in other cases.]

27. Issue thereon.

28. Postea thereon.

[The same as in ordinary cases, omitting the assessment of damages.]

29. Judgment for Plaintiff therein. [The same as in ordinary cases, to the statement of the judgment, which may be thus:] Therefore it is considered that the said A. B. have execution against the said E. F. for the said £, the amount [or "part of the amount"] of the said debt due from him to the said C. D., to satisfy [or "towards satisfying," if the debt be less than the judgment debt] the said £which the said A. B., on the said day of 18-, (date of judgment against judgment debtor), by the judgment of this Court recovered against the said C. D.; and it is further considered that the said A. B. do recover against the said E. F. £ for his costs of suit in this behalf.

30. Fi. Fa. therein.

wards satisfying,” if the debt be less than the judgment
debt] £, which the said A. B., on ——
· (the date of
the judgment against the judgment debtor), by the judg
ment of the said Court recovered against the said C. D.,
and further to satisfy the said A. B. £—, which in our
same court were adjudged to the said A. B. for his costs
of suit which he hath been put to on occasion of our
writ sued out against the said E. F. at the suit of the
said A. B, in that behalf, whereof the said E. F. is con-
victed; and have you there then this writ. Witness-
at Westminster, the
day of
in the year of our
Lord

32. Judgment for the Plaintiff after Verdict that a Man-
damus do issue, under Sect. 71 of the Common-law
Procedure Act, 1854.

[The same as in the ordinary form of an entry of a judgment to the end of the postea, and then thus:] There fore it is considered that a writ of mandamus do issue 1 commanding the defendant to [here state the duty to be performed, or the thing to be done, as claimed by the deVictoria, by the grace of God of the United King-claration]: and it is also considered that the plaintiff do dom of Great Britain and Ireland, Queen, Defender of recover of the defendant the said monies by the jus the Faith, to the Sheriff of greeting. We command you that you omit not by reason of any liberty aforesaid above assessed, and also £tices [or "by the judge" or "baron"] aforesaid in form for his costs of of your county, but that you enter the same, and of suit in this behalf. the goods and chattels of E. F. in your bailiwick you cause to be made £, the amount [or "part of the amount," if the debt be more than the judgment debt] of a debt due from the said E. F. to C. D., to satisfy [or "towards satisfying," if the debt be less than the judg ment debt] £- which A. B., on the day of

[In the margin of the judgment opposite the first words, "Therefore it is considered" &c., write "Judgment, signed the signing final judgment.] day of 18-," inserting the day of

33. Writ of Inquiry to ascertain the Expense incurred by the doing of an Act, and for the doing of which a Mandamus was issued.

18-, (date of judgment against judgment debtor), by the judgment of our Court of Queen's Bench [or "Common Pleas," or "Exchequer of Pleas"] recovered Victoria, by the grace of God of the United Kingagainst the said C. D., and whereupon it has been dom of Great Britain and Ireland, Queen, Defender of adjudged by our said Court that the said A. B. should the Faith, to the Sheriff of greeting. Whereas | have execution against the said E. F. for the said upon an application by A. B., the plaintiff in an action £, and also £- which in our same court against C. D. in our Court of Queen's Bench [or were adjudged to the said A. B. for his costs of suit"Common Pleas," or "Exchequer of Pleas," as the which he hath been put to on occasion of our writ sued case may be] at Westminster, our said Court did on the out against the said F. F. at the suit of the said A. B. day of A.D. (date of order), direct the

[state the terms of the order directing the act to be lone at the defendant's expense]; and the said A. B. or “and E. F.” if another person than the plaintiff has een appointed by the Court to do the act] has done the aid act so directed to be done; and in order to enable ur said Court to ascertain the amount of the expense f the doing the same, we command you that by the ath of twelve good and lawful men of your bailiwick ou diligently inquire what is the amount of the expenses incurred by the said A. B. [or “by E. F.," as the ase may be] in the doing of the said act, and that you end to us [or in Common Pleas," to our justices," or in Exchequer, "to the barons of our Exchequer"], at Westminster, on the day of

36. Indorsement on Writ of Summons of Claim of a Writ of Injunction, under Sect. 79 of the Commonlaw Procedure Act, 1854.

The plaintiff intends to claim a writ of injunction to restrain the defendant from [here state concisely for what the writ of injunction is required, as, for example, thus: "felling or cutting down any timber or trees standing, growing, or being in or upon the land and premises at in the county of ——, and from committing any further or other waste or spoil in or upon the said land and premises."] And take notice, that in default of the defendant's entering an appearance as within commanded, the plaintiff may, besides pronow next en-ceeding to judgment and execution for damages and costs, apply for and obtain such writ.

suing, the inquisition which you shall thereupon take,
under your seal, and the seal of those by whose oath
you shall take that inquisition, together with this writ.
Witness (name of Chief Justice, or in Exchequer of
Chief Baron), at Westminster, the day of
the year of our Lord

in

CAMPBELL.

JOHN JERVIS.
FRED. POLLOCK.
J. PARKE.

E. H. ALDERSON.

Nov. 27, 1854.

C. CRESSWELL.
W. ERLE.
SAME. MARTIN.
CHARLES CROMPTON.
R. B. CROWDER.

Court Papers.

EQUITY SITTINGS, AFTER MICHAELMAS
TERM, 1854.

Court of Chancery.

Before the LORD CHANCELLOR, at Lincoln's Inn.

Friday...

......

Saturday
Monday.
Tuesday
Wednesday

34. Writ of Execution in Detinue under Sect. 78 of the
Common-law Procedure Act, 1854, for the Return of
the Chattel detained, and for a Distringas until re-
turned, separate from a Writ for Damages or Costs.
Victoria, by the grace of God of the United King-
dom of Great Britain and Ireland, Queen, Defender of
the Faith, to the Sheriff of greeting. We command
you that you omit not by reason of any liberty of your
county, but that you enter the same, and without
delay you cause the following chattels, that is to say,
[here enumerate the chattels recovered by the judgment
for the return of which execution has been ordered to
issue], to be returned to A.B., which the said A. B. lately
in our court before us [or in the Common Pleas, "before
our justices,” or in the Exchequer, "before the barons
of our Exchequer"] at Westminster recovered against a
C.D. in an action for the detention of the same, whereof Thursday
the said C. D. is convicted*. And we further command Friday
you, that if the said chattels cannot be found in your
bailiwick, you omit not by reason of any liberty of your
county, but that you enter the same, and distrain the
said C. D. by all his lands and chattels in your bailiwick,
so that neither the said C. D., nor any one for him, do
lay hands on the same, until the said C. D. render to
the said A. B. the said chattels; and in what manner
you shall have executed this our writ make appear
us [or in Common Pleas, "to our justices," or in
Exchequer, "to the barons of our Exchequer"], at Tuesday..
Westminster, immediately after the execution hereof;
and have you there then this writ. Witness - at
Westminster, the day of, in the year of our
Lord

to

35. The like, bu instead of a Distress until the Chattel
is returned, commanTM ing the Sheriff to levy on Defend-
ant's Goods the assessed "alue of it.
[Proceed as in the preceding for until the*, and then

that if the said

• omit not

Saturday
Monday.
Tuesday.
Wednesday
Thursday
Friday
Saturday
Monday..

Wednesday

First Seal.-Appeal Motions and Ap

peals.

5 Appeals.

2

Petitions and Appeals.

4

Before the LORDS JUSTICES, at Lincoln's Inn.

Friday...
Saturday
Monday..
Tuesday.

Wednesday

Thursday

Satur
Monday.
Tuesday
Wednesday
Thursday...

thus: And we further conimand you, chattels cannot be found in your bailiwick, you by reason of any liberty of your county, but that y enter the same, and of the goods and chattels of the said C. D. in your bailiwick you cause to be made £(the assessed value of the chattels), whereof the said C.D. is also convicted; and that in the execution of this our last-mentioned command you do all such things as by the statute passed in the second year of our reign you are authorised and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us [or in the Common Pleas, "to our justices," or in the Exchequer, "to the barons of our Exchequer," as the case may be at Westminster, immediately after the execution hereof; and have you there then this writ. Witness- at Notice. The days on which the Lords Justices shall be Westminster, the - of

peals.

Petitions in Luna

and Bankruptcy,

and Appeal Petitions.

Appeals.

19 Fourth Seal.- Appeal Motions.

20 Lunatic Petitions & Appeal Petitions.

in the year of our

engaged at the Judicial Committee of the Privy Council are excepted.

{Pleas, Demurrers, Exceptions, Causes, Lockhart D.

First Seal.-Motions and General Evans : Sanders heard)

Third Seal.-Motions and General Kearley v. Kearley (Cl)

20{Pleas, Demurrers, Exceptions, Causes, Whitfield v. Sturgis

Cons.) Brierly 6. Furnival (M for de- Roberts v. Verce (Cause)