C. D. And whereas he is, by the said writ, required to cause CH. VII, &c. special bail to be put in for him in the said court, to the said action, within eight days after execution thereof on him, inclusive of the day of such execution. Now the condition of this obligation is such, that if the said C. D. do cause special bail to be put in for him to the said action, in his majesty's said court, as required by the said writ, then this present obligation to be void and of no force, otherwise to stand and remain in full force, vigour, and effect.

(262.) Alias (or pluries) writ of 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 (or "by judge's order.")

(§ 12.) Indorsement to be made on ca

pias, after execution.

Ante, 96, 7.

1. by affidavit filed,
E. F. &c. (id.)

($ 13.) Præcipe for alias, or pluries capias. Ante, 98.

We

William the Fourth, &c. (262.) To the sheriff, &c. (id.) command you, as before (or, often) we have commanded you, that

you omit not, &c. (272.)

-, (id.)

William the Fourth, &c. (262.) To the sheriff of We command you, as heretofore we have commanded the sheriff of —, that you omit not, &c. (272, 3.)

·(262.) Exigi facias, 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 1. by affidavit filed, (or " by judge's order.")

E. F. &c. (id,)

-, greet

to be

William the Fourth, &c. (262.) To the sheriff of ing: We command you, that you cause C. D. late of demanded from county court to county court, (or, if in London, "from husting to husting,") until, according to the law and custom of England, he be outlawed, if he do not appear; and, if he do appear, then that you take him, and cause him to be safely

($ 14.) Alias, and pluries, capias.

Ante, 76. 98.

($ 15.) The like, into

another county. Ante, 76.98.

($ 16.) Præcipe for writ of exigi facias, after capias. Ante, 98, 9.

($ 17.) Writ of exigi facias, after capias. Ante, 98, 9.

CH. VII, &c. kept, 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 whereupon you returned to us, (in K. B.; or, in C. P." to our justices," or, in the Exchequer, "to the barons of our Exchequer,") at Westminster, on the day of 18, that the said C. D. was not found in your bailiwick: And we further command you, that if the said C. D. shall be taken on this writ, you do deliver a copy hereof to the said C. D. And we hereby require the said C. D. to take notice, &c. (as in the capias, to the end of the notice to the defendant). And how you shall execute this our writ, you make known to us, &c. (as above,) on the

day of

ensuing and have there this writ. Witness, &c. (263.)
a:

now next

The notice or warning written under, or indorsed on the writ of capias, and referred to in the writ of exigent, should be written or indorsed, in like manner, on the latter writ; as well as the indorsement of the sum for which bail is to be taken, and statement of the plaintiff's claim for debt and costs.

William the Fourth, &c. (262.) To the sheriff of -, greeting: Whereas by our writ we lately commanded that you, you should cause C. D. late of to be demanded from county court to county court, (or, if in London, " from husting to husting,") until, according to the law and custom of England, he should be outlawed, if he did not appear, and, if he did appear, then that you should take him, and cause him to be safely kept, until he should have given you bail, &c. (as in the exigent, to the end of the sheriff's return to the capias :) Therefore we command you, that in pursuance of the statute made in the thirty-first year of the reign of the Lady Elizabeth, late Queen of England, you cause the said C. D. to be proclaimed, upon three several days, according to the form of that statute, one of which proclamations shall be made at or near the most usual door of the church of the parish where the said C. D. is dwelling, that he render himself unto you, so that you may have his body before us, (in K. B.; or, in C. P. "before our said justices," or, in the Exchequer, "before the barons of our said Exchequer,") at Westminster, at the aforesaid

a For the teste and return of this writ, vide ante, 99.

time, to answer to the said A. B. in the action (or, " of the plea") CH. VII, &c. aforesaid and have there this writ. Witness, &c. (263.)

-, greet

to be

William the Fourth, &c. (262.) To the sheriff of ing: We command you, that you cause C. D. late of demanded from county court to county court, (or, if in London, "from husting to husting,") until, according to the law and custom of England, he be outlawed, if he do not appear, and, if he do appear, then that you take him, and cause him to be safely kept, so that you may have his body before us, (in K. B.; or, in C. P. " before our justices," or, in the Exchequer, "before the barons of our Exchequer,") at Westminster, on, to satisfy A. B. of- -l. (or, " of a certain debt of l.") which the said A. B. lately in our court before us, &c. (as above,) recovered against him, &c. (as in a common capias ad satisfaciendum, to the words "whereof, &c."): And whereupon you returned to us, (in K. B.; or, in C. P. " to our said justices," or, in the Exchequer, "to the barons of our said Exchequer,") at Westminster, on, &c. (the return day of the capias ad satisfaciendum,) last past, that the said C. D. was not found in your bailiwick: and have there this writ. Witness, &c. (263.)

($ 20.) Erigi facias, after judgment. Ante, 99, 100.

(8.)

CHAP. XII.

AFFIDAVITS for, and ENTRIES of APPEARANCE.

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

on

the day of

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

($ 1.) Affidavit of personal service of

mons.

Ante, 76. 103.

G. H. of, clerk to E. F. gentleman, attorney for the above named plaintiff, maketh oath and saith, that he this deponent did, writ of suminstant, (or last,) personally serve the above named defendant, with a true copy of a writ of summons, and of the memorandum subscribed thereto, and indorsements made thereon, and which writ of summons appeared to this deponent to have been regularly issued out of, and under the seal of this honourable court, against the said defendant, at the suit of the said plaintiff, on the day of instant, (or last.) And this

CHAP. XII. deponent further saith, that he did, on the

(or last,) indorse on the said writ, the day of the week and month of such service.

($ 2.) Affidavit of execution of writ of distringas, and

personal service of copy.

Sworn, (&c.)

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

G. H.

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

of county

I. K. of - officer to the sheriff of the —, maketh oath and saith, that he this deponent did, on the day of instant, (or last,) by virtue of a warrant granted by the said sheriff, Ante, 85. 104. úpon a writ of distringas, which appeared to this deponent to have been regularly issued out of, and under the seal of this honourable court, against the said C. D. at the suit of the said A. B., directed to the said sheriff, and returnable on the day of last, (instant, or next,) distrain upon the goods and chattels of the said defendant, for the sum of forty shillings, in order to compel his appearance in the said court, to answer the said plaintiff, in a plea of trespass on the case, (or of debt, &c. as the case may be):* And this deponent further saith, that he did, at the time of the execution of the said writ of distringas, personally serve the said defendant with a true copy of the said writ of distringas, and of the notice subscribed thereto, and indorsements made thereon.

(§ 2. a.) The like, where defendant can

not be met with. Ante, 85. 104.

Sworn, (&c.)

I. K.

(As in the last, to the asterisk, and then as follows:)

And this deponent further saith, that not being able to meet with the said C. D. he this deponent did, at the time of the execution of the said writ of distringas, leave a true copy thereof, and of the said notice and indorsements, with the wife (or son, daughter, or servant, &c.) of the said defendant, at his dwelling house, or usual place of abode, at, in the said county, being the place where the said writ of distringas was executed; and this deponent then and there informed the said wife (or son, &c.) of the said defendant, of the true intent and meaning of such distringas, levy, and notice as aforesaid.

Sworn, (&c.)

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

I. K. of

($ 3.)

Affidavit for leave to enter appearance, on return of non

G. H. of

I. K.

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

officer to the sheriff of the county of and (the person who made the affidavit to obtain the dis

est inventus and tringas,) clerk to E. F. gentleman, attorney for the above named

nulla bona, to

plaintiff, severally make oath and say; and first this deponent I. K.

day of

day of

Ante, 85, 6.

for himself saith, that a writ of distringas having been issued out of, writ of distrinand under the seal of this honourable court, against the said de- gas. fendant, at the suit of the said plaintiff, directed to the said sheriff, 104. and returnable on the last, (or instant,) and a warrant having been granted thereon, directed to this deponent, as one of the officers of the said sheriff, he this deponent did take and use all due and proper means for serving and executing the said writ; and for that purpose did, on the 18-, go to the dwelling house (or place of residence) of the said defendant, &c. (as in pp. 265, 6. stating that three applications were made by the officer, and a copy of the writ and notice left for the defendant, at his dwelling house, &c. and that from the answers given to his enquiries, or otherwise, he has reason to believe that the defendant keeps out of the way, to avoid being, served with process :) And this deponent further saith, that on making such enquiries after the said defendant, at his said dwelling house, (or place of residence,) he was informed by the wife (or son, &c.) of the said defendant, that there was nothing there belonging to him, as his house (or "lodgings ") were let to him ready furnished; (or, "that he had removed from and left his said dwelling house," &c.) And this deponent further saith, that not being able to meet with the said defendant, or to discover that he had any goods or chattels, in the bailiwick of the said sheriff, whereby he could be distrained, he this deponent, for the reasons aforesaid, caused the said writ of distringas to be returned non est inventus and nulla bona. And this deponent G. H. for himself saith, that the said writ of distringas was issued by leave of this honourable court, (or, "of the honourable Mr. Justice -,") on an affidavit made by him this deponent, a copy whereof is hereunto annexed; (annexing such copy ;) and that, for the reasons stated in his said affidavit, and by the said other deponent I. K. as hereinbefore mentioned, he this deponent verily believes that the said defendant keeps out of the way, to avoid being served with process. And this deponent further saith, that he did, on the day of instant, (or last,) search in the proper office of this honourable court, for the return of the said writ of distringas; and there found that the said sheriff had returned to the said writ, that the said defendant was not to be found in his bailiwick, and that he had not any goods or chattels therein, whereby the said sheriff could distrain him. And lastly, this deponent saith, that the said defendant hath not appeared to the said writ.

Sworn, (&c.)

I. K.

G. H.