Abbildungen der Seite
PDF
EPUB

CHAP. VII, VIII. X, XI.

[blocks in formation]

WRIT of CAPIAS, and PROCEEDINGS thereon; and
PROCESS of OUTLAWRY.

[ocr errors]

(the county into which the writ is to be issued.) Capias for A. B. against C. D. of in the said county, in an action on promises, (or "of debt," &c. as the case may be,) for. by affidavit filed, (or, "by judge's order.")

E. F. of —, plaintiff's attorney, &c. (ante, p. 262.)

99

William the Fourth, &c. (262.) To the sheriff of (or, in the cinque ports, "To our Constable of Dover Castle ; or, in Berwick, "To the Mayor and Bailiffs of Berwick upon Tweed," as the case may be,) greeting: We command you, that you omit not by reason of any liberty in your bailiwick, but that you enter the same, and take C. D. of if he shall be found in your bailiwick, and him safely keep, until he shall have given you bail, or made deposit with you according to law, in an action on promises, (or, of debt, &c.) at the suit of A. B., or until the said C. D. shall by other lawful means be discharged from your custody: And we do further command you, that, on the execution hereof, you do deliver a copy hereof to the said C. D. And we hereby require the said C.D. to take notice, that within eight days after execution hereof on him, inclusive of the day of such execution, he should cause special bail to be put in for him, in our court of King's Bench, (Common Pleas, or Exchequer of Pleas,) to the said action; and that, in default of his so doing, such proceedings may be had and taken, as are mentioned in the warning hereunder written, or indorsed hereon: And we do further command you the said sheriff, (&c.) that imme

a For other directions of the writ of capias, vide ante, 269.

b If the defendant reside in a district or place, parcel of one county, but wholly situate within and surrounded by another, the sheriff of the former county may be commanded, that "he take the defendant, if he shall be found in his bailiwick, or

within any district or place which is wholly situate within, and surrounded by the county of," (or, if the writ be directed to the sheriff of the surrounding county, "within any district or place which is wholly situate within and surrounded by your county.")

diately after the execution hereof, you do return this writ to our CH. VII, &c. said court, together with the manner in which you shall have executed the same, and the day of the execution hereof; or that if the same shall remain unexecuted, then that you do so return the same, at the expiration of four calendar months from the date hereof, or sooner, if you shall be thereto required by order of the said court, or by any judge thereof. 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 take C. D. of

[ocr errors]

if

he shall be found in his bailiwick, and him safely keep, until he shall have given him bail, or made deposit with him according to law, in an action on promises, (or, of debt, &c.) at the suit of A. B. or until the said C. D. shall by other lawful means be discharged from his custody; and that you further command him, that, on execution thereof, he do deliver a copy thereof to the said C. D.; and that the said writ do require the said C. D. to take notice, that within eight days after execution thereof on him, inclusive of the day of such execution, he should cause special bail to be put in for him, in our court of, to the said action; and that, in default of his so doing, such proceedings may be had and taken, as are mentioned in the warning thereunder written, or indorsed thereon: And that you further command the said sheriff, that, immediately after the execution thereof, he do return that writ to our said court, together with the manner in which he shall have executed the same, and the day of the execution thereof; or that if the same shall remain unexecuted, then that he do so return the same, at the expiration of four calendar months from the date thereof, or sooner, if he shall be thereto required by order of the said court, or by any judge thereof. Witness, &c. (263.)

[blocks in formation]
[blocks in formation]
[blocks in formation]

($ 6.) Indorsements to be made on writ

N. B. This writ is to be executed within four calendar months from the date thereof, including the day of such date, and not afterwards.

1. If a defendant, being in custody, shall be detained on this writ, or if a defendant, being arrested thereon, shall go to prison for want of bail, the plaintiff may declare against any such defendant, before the end of the term next after such detainer or arrest, and proceed thereon to judgment and execution.

2. If a defendant, being arrested on this writ, shall have made a deposit of money, according to the statute 7 & 8 Geo. IV. c. 71. and shall omit to enter a common appearance to the action, the plaintiff will be at liberty to enter a common appearance for the defendant, and proceed thereon to judgment and ex

ecution.

3. If a defendant, having given bail on the arrest, shall omit to put in special bail, as required, the plaintiff may proceed against the sheriff, or on the bail-bond.

4. If a defendant, having been served only with this writ, and not arrested thereon, shall not enter a common appearance within eight days after such service, the plaintiff may enter a common appearance for such defendant, and proceed thereon to judgment. and execution.

Bail for ——l. by affidavit, or, (if by judge's order,) "Bail for -l. by order of ", (naming the judge making the order). of capias, before Dated the execution there

of.

Ante, 69. 92.

($ 7.) Statement of

plaintiff's claim, for debt and

costs.

Ante, 93.

($ 8.)

Sheriff's war

rant, on capias. Ante, 95, 6.

day of

18-.

This writ was issued by E. F. of , attorney for the plaintiff (or plaintiffs) within named; or, (if no attorney was employed,) "This writ was issued in person, by the plaintiff within named, who resides at," (mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house, of the plaintiff's residence, if any such there be.

The plaintiff claims -l. 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.

-, (to wit.)

Esquire, sheriff of the county aforesaid, To I. K. and L. M. my bailiffs, greeting: By virtue of the king's writ,

issued out of his Majesty's court of King's Bench, (Common Pleas, CH. VII, &c. or Exchequer of Pleas,) at Westminster, bearing date the

day

of instant, (or last,) to me directed, I command you, each and every of you, jointly and severally, that you, or any of you, omit not by reason of any liberty in my bailiwick, but that you enter the same, and take C. D. if he shall be found in my bailiwick, and him safely keep, until he shall have given me bail, or made deposit with me according to law, in an action on promises, (or "of debt," &c. as the case may be,) at the suit of A. B. or until the said C. D. shall by other lawful means be discharged from my custody: And I do further command you, that on execution hereof, you do deliver to him the copy of the said writ herewith delivered to you: And I do further command you, or any of you, that immediately after the execution hereof, you do certify to me, the manner in which you shall have executed the same, and the day of the execution hereof, so that I may return the same to his Majesty's said court; or that if the same shall remain unexecuted, then that you do so return this my warrant, at the expiration of four calendar months from the date of the said writ, or sooner, if thereto required. Dated the day of

18-.

Writ issued by E. F. plaintiff's attorney, (or "by the said A. B. in person.")

[blocks in formation]

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

Memorandum subscribed to the writ.

N. B. This writ is to be executed within four calendar months from the date thereof, including the day of such date, and not afterwards.

of

William the Fourth, &c. (262.) To the sheriff of Lancashire, greet-
ing: We command you, that you omit not by reason of any liberty in
your bailiwick, but that you enter the same, and take C. D.
-, if he shall be found in your bailiwick, and him safely keep, &c.
(as in the writ of capias, to the teste, commanding the sheriff, in the
second person, to do what is required to be done by the writ; and
the mandate is tested as follows: "Witness ourself at Lancaster,
day of -, in the
year
of our reign:" and contains

the
the memorandum subscribed to the writ, and the warning and indorse-

[blocks in formation]

ments thereon.)

Holt,

[blocks in formation]

This mandate, after the copy of the capias, is similar to that on the distringas, for which vide ante, 271.

In the King's Bench, &c. (265).

A. B. plaintiff, &c. (id.)

You are hereby ordered and required, under the writ to you directed and delivered in this cause, to arrest the above named C. D. only, and to serve a copy thereof on the above named G. H. Dated this

day of

To the sheriff of

and Messrs. I. K. & L. M.,

his bailiffs.

[ocr errors]

18-.

Your's, &c.,

E. F., plaintiff's attorney (or agent.)

9

I. K.

Know all men by these presents, that we C. D. of of and L. M. of· are held and firmly bound to G. H., Esquire, sheriff of the county of - in the penal sum of 1. (double the sum indorsed on the writ,) of good and lawful money of Great Britain, to be paid to the said sheriff, or his certain attorney, executors, administrators, or assigns; for which payment, to be well and faithfully made, we bind ourselves, and every one of us by himself, for the whole and every part thereof, and the heirs, executors, and administrators of us, and every of us, firmly by these presents: Sealed with our seals. Dated this

in the

day of

year of the reign of our sovereign lord William the Fourth, by the grace of God, of the united kingdom of Great Britain and Ireland King, Defender of the Faith, and in the year of our Lord 18-.

day of

Whereas the above bounden C. D. was, on the day of the date hereof, (or, on the instant, or last,) taken by the said sheriff, in the bailiwick of the said sheriff, by virtue of the king's writ of capias, issued out of his majesty's court of King's Bench, (Common Pleas, or Exchequer of Pleas,) bearing date at Westminster, the day of instant, (or last,) to the said sheriff directed and delivered, against the said C. D. in an action on promises, (or of debt, &c. as the case may be,) at the suit of A. B. And whereas a copy of the said writ, together with every memorandum or notice subscribed thereto, and all indorsements thereon, was, on execution thereof, duly delivered to the said

« ZurückWeiter »