[In a country cause, or where the person attempting to serve CH. IV, &c. the defendant with a copy of the writ of summons, has not searched for his appearance, it is usual to make a separate affidavit of such search, and that no appearance has been entered, as in the next form.]

of

(§ 16. a.) Affidavit of search for ap

A. B. plaintiff, &c. (id.)
gentleman, maketh oath
day of
instant, (or last,)
for entering appearances in the tered.

and

pearance,
that none is en-

In the King's Bench, &c. (265.) E. F. of, in the county and saith, that he did, on the duly search in the book kept King's Bench office, (in K. B.; or, in C. P. " by the filacer of Ante, 78. 80. the county of -;" or, in the Exchequer of Pleas," in the office of pleas of this honourable court,") for the purpose of ascertaining if any appearance had been entered for the defendant in this cause: And this deponent saith, that no appearance hath been entered for the said defendant, as appears by the said book.

B.

V.

($ 17.) Rule of court

of king thereon, in K. B.

to

Upon reading the affidavit of I. K. it is ordered, that a writ of distringas do issue, directed to the sheriff of D. compel an appearance, by or on behalf of the defendant, pursuant to the act of parliament in that case made and provided. On the motion of Mr.

In the Common Pleas.

the

By the Court.

Ante, 78. (c.)

81.

($ 17. a.) The like, in

Ante, 78. (c.)

81.

term, in the
year of the reign of king C. P.
William the Fourth.

which the rule is made, as " Saturday, 2d November, &c.")
Upon reading the affidavit of I. K. it is
writ of distringas do issue, &c. (as in last).

B.

V.

D.

of Mr. Serjeant

S and reading the affidavit of I. K. it is ordered,

that a writ of distringas do issue against the said defendant.

By the Court.

Upon reading the affidavit of I. K. I do order, that a writ of distringas do issue, &c. (§ 17). Dated the

of

Ante, 78. (c.)

81.

($ 19.)

18-.

day Judge's (or Baron's) name.

(the county, &c. to the sheriff, &c. of which the writ is diPræcipe for writ rected). Writ of distringas for A. B. against C. D. returnable on for non-appearance to writ of summons, in plea of trespass on the case, (or debt, &c. as the case may be.)

of distringas.

Ante, 81. 84.

E. F. &c. (262.)

($ 20.) Writ of distrin

gas.

Ante, 67. 78. 81.

Ante, 107.

($ 21.) The like, to a

county palatine.

Ante, 81, 2.

William the Fourth, &c. (262). To the sheriff of a, greeting: We command that you, omit not by reason of any liberty you in your bailiwick, but that you enter the same, and distrain upon the goods and chattels of C. D. for the sum of forty shillings, in order to compel his appearance, in our court of King's Bench, (Common Pleas, or, Exchequer of Pleas,) to answer A. B. in a plea of trespass on the case, (or, debt, &c., as the case may be :) and how you shall execute this our writ, you make known to our said court, on the day of now next ensuing. Witness, &c. (263).

William the Fourth, &c. (262). To the chancellor of our county palatine of Lancaster, or his deputy there, (or, "To the reverend father in God, William, by divine providence, Lord Bishop of Durham, or to his chancellor there,") greeting: We command you, that by our writ, under the seal of our said county palatine, to be duly made, and directed to the sheriff of our said county palatine, you command the said sheriff, (or, if in Durham, that "by our writ, under the seal of your bishoprick, to be duly made, and directed to the sheriff of the county of Durham, you cause the said sheriff to be commanded,") that he omit not by reason of any liberty in his bailiwick, but that he enter the same, and distrain upon the goods and chattels of C. D. for the sum of forty shillings, in order to compel his appearance, in our court of to answer A. B. in a plea of trespass on the case, (or, debt, &c. as the case may be;) and how he shall execute that our writ, he make known to usb, in our said court, on the suing. Witness, &c. (263).

a For other directions of the writ of

distringas, vide post, § 22, &c.

b It seems to be intended, by the lan

day of

now next en

guage of this writ, that the sheriff should return the same, or at least the mandate thereon, to the court above.

To the sheriff (or sheriffs) of our city of.

And note; the cities of Canterbury, Exeter, Lichfield, and Worcester, have only one sheriff each; but the cities of Bristol, Chester, Coventry, Gloucester, Lincoln, London, Norwich, and York, have two sheriffs, and the process should be directed accordingly".

-.

To the sheriff (or sheriffs) of our town and county of And note; the towns and counties of Carmarthen, Haverfordwest, Kingston upon Hull, Newcastle upon Tyne, Poole, and Southampton, have only one sheriff; but the town and county of Nottingham, has two sheriffs a.

To the coroner of our city of London, (or, coroners of our county of -.")

To I. K. and L. M. elisors, appointed by our court of this behalf.

in

To our chancellor of our county palatine of Lancaster, or his deputy there.

(§ 22.) Direction of

writ of distrin

gas, or capias, to sheriff, or she

riffs, of a city.

Ante, 82.

($ 23.)

The like, to

sheriff, or she

riffs, of a town

and county.

Ante, 82.

($ 24.) To coroner. Ante, 82.

($ 25.)

To elisors.

Ante, 82.

($ 26.) To county palatine.

To the reverend father in God, William, by divine providence, Ante, 81, 2. Lord Bishop of Durham, or to his chancellor there.

To our constable of our Castle of Dover, or to his deputy or lieutenant.

To the mayor and bailiffs of our borough of Berwick upon Tweed.

In the court of King's Bench, &c. (265.) A. B. plaintiff, &c. (id.)
Mr. C. D.

($ 27.) To cinque ports, Ante, 82, 3.

($ 28.) To Berwick upon Tweed.

Ante, 83.

($ 29.) Notice to be subscribed to

gas.
Ante, 78. 83, 4.

Take notice, that I have this day distrained upon your goods writ of distrinand chattels, for the sum of forty shillings, in consequence of your not having appeared in the said court, to answer to the said A. B. according to the exigency of a writ of summons, bearing teste on the day of -; and that, in default of your appearance to the present writ, within eight days inclusive after the return hereof, the said A. B. will cause an appearance to be entered for you, and proceed thereon to judgment and execution, or (if the defend

For the periods when particular cities, or towns, are supposed to have

been made counties, see Tidd Prac. 9 Ed.
Append. 58. (n.)

CH. IV, &c. ant be subject to outlawry,) will cause proceedings to be taken to

outlaw you.

This form is similar to that on the writ of summons, for which vide ante, p. 263.

or Exchequer of

day of in———

(to wit). By virtue of the king's writ, issued out of his majesty's court of King's Bench, (Common Pleas, Pleas,) and bearing date at Westminster, the stant, (or last,) to me directed, I command you, that you omit not by reason of any liberty in my bailiwick, but that you enter the same, and distrain upon the goods and chattels of C. D. for the sum of forty shillings, in order to compel his appearance in his majesty's said court, to answer A. B. in a plea of trespass on the case, (or debt, &c. as the case may be :) And I do further command you, that you do serve on the said C. D. if he can be met with, or

if not, that you then leave at the place where you shall execute this

my warrant, the copy of the writ and notice herewith delivered to
you: and how you shall execute this my warrant, forthwith certify
to me, so that I may make the same known to the king, in his ma-
jesty's said court, on the
next. Dated the

day of

The plaintiff claims. for debt, and

-l. for costs. And

if the amount thereof be paid to the plaintiff, or his attorney, within four days from the service hereof, further proceedings will be stayed.

Before you distrain the defendants, beware they are not ambassadors, or servants to ambassadors, or any otherwise privileged, or protected.

William the Fourth, &c. (262). To the sheriff of Lancashire, greeting: We command you, that you omit not by reason of any liberty in your bailiwick, but that you enter the same, and distrain upon the goods and chattels of C. D. for the sum of forty shillings, in order to compel his appearance in our court of King's Bench, (Common Pleas, or Exchequer of Pleas,) to answer A. B. in a plea of trespass on the case, (or debt, &c. as the case may and how you shall execute this our writ, make known to us, (or, in C. P. to our justices, or, in the Exchequer, to the barons of our Exchequer,) in our said court, on the day of

be ;)

now next

ensuing. Witness ourself at Lancaster, the

the

year of our reign. (adding the notice to be subscribed

to the writ, and indorsements thereon.)

Holt.

William the Fourth, &c. (262.) To the sheriff of Durham, greeting: Know that our writ, out of our court of King's Bench, (Common Pleas, or Exchequer of Pleas,) at Westminster, was directed to the right reverend father in God, William, by divine providence, Lord Bishop of Durham, or to his chancellor there, in these words: (here copy the writ verbatim, to the end, and proceed as follows:) Therefore we command you, that you execute the tenor of this writ, in all things, duly; and what you shall do therein, certify to us in the Chancery at Durham, before the said return; and have you there then this writ. Witness William Bishop of Durham, at Durham, the day of, (the day of making out the mandate,) in the year of our reign.

(Cursitor's name.)

I

I have distrained on the goods and chattels of the within named C. D. for the sum of forty shillings: And I further certify, that forthwith delivered to the said C. D. a copy of the within writ and notice.

The answer of

sheriff.

And I further certify, that said C. D. I left at the place

(§ 32. a.)

The like, in
Ante, 73, 4. (c.)

Durham.

84.

($ 33.) Return of exe

cution of distringas, where defendant is personally served. Ante, 85. 110.

(§ 33. a.) The like, when

I have distrained, &c. (as above.) not being able to meet with the where I made the said distress, a copy of the within writ and met with.

notice.

The answer of

sheriff.

The within named C. D. is not to be found in my bailiwick: And I further certify, that the said C. D. hath not any goods or chattels in my bailiwick, whereby I can distrain him, as within I

he cannot be

Ante, 85.

(§ 34.) Return of non

est inventus, and
nulla bona.
Ante, 85. 104.
110.