XXXIII Affidavit of the Deforceants being all living. In Chancery. Between, &c. I. K., of, &c., Gentleman, maketh oath, and saith, that he knows C. D. and E. his wife, and F. G. and H. his wife, the deforceants above named; and that, on the........day of........instant, they were, and now are, as this deponent believes, all living (a). I. K. Sworn at the public office, &c. XXXIV. Præcipe for Writ of Covenant. (b) DEVONSHIRE, Command A. B. and C. his wife, that (to wit.) justly, &c. they perform to E. F. the covenant made between them of [the particular description of the parcels], and unless, &c. Cov.-next public seal. 1 (a) And that the parties are still willing that the fine should pass-or, "And that the fine was not completed or proceeded in on account of," &c. (b) Where a dedimus has previously issued, the cursitor makes out the writ from the commissioners' return. XXXV. Writ of Covenant. (a) George the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, to the Sheriff of Devonshire (b), greeting. Command A. B. and C. his wife, that justly, and without delay, they perform to E. F. the covenant made between them concerning [the parcels at length]; and unless they shall so do, and the said E. shall give you security to prosecute his suit, then summon, by good summoners, the said A. B. and C. his wife, that they be before our Justices at Westminster, on the morrow of All Souls, to shew why they will not do it; and have you there the summoners and this writ. Witness (c) ourself at Westminster, the twenty-sixth day of May, in the third year of our reign (d). (a) Stamp 27. 55 Geo. III. c. 184. (b) Where the sheriff is a party, the writ is directed to the coroner. Done v. Smethier and another, Cro. Charles 415. (c) See note (g), p. 265 ante. The cursitor generally testes the writ of covenant the day before the teste of the writ of Dedimus, and it must be tested on a dies juridicus. There must be 15 days between the teste and return. Where the teste was after the return, it was held to be error. Gage's Peele (e). case, 5 Coke's Rep. 45. But where the teste was after the Dedimus, it was held to be amendable. Tindal's case, Latch's Rep. 186. (d) If a new writ should become necessary in consequence of any inaccuracy, &c. in the former one, the commissioners of the stamps will allow another writ-stamp for it, even though the writ should have passed through some of the offices. (e) The cursitor's name. |