the proceedings of the said Court, or wilfully misbehaved in the said Court]: These are therefore to require you, the said high bailiff, bailiffs, and others, to take the said A. B. and to deliver him to the governor [or keeper] of the above-named prison, and you the said governor [or keeper, &c.] to receive the said A. B., and him safely to keep in the said prison for days from the arrest under this warrant, or until he shall be sooner dis. charged by due course of law. Given under the seal of the Court, this 185. day of Judge of the Court. 108. High Bailiff's Warrant to Registrar of Foreign 9 & 10 Vict. Court. Whereas the warrant of execution [or commitment] hereto annexed has been issued out of this Court against the goods and chattels of : And whereas the goods and chattels of out of the ordinary jurisdiction of this Court, and are [or is] believed to be within the jurisdiction of the County Court of of which you are the registrar: These are therefore to require you to cause the said warrant to be executed within the ordinary jurisdiction of the said last-mentioned County Court. holden at Dated this day of 185. Upon hearing this cause (the same being for breach of contract to deliver specific goods for a price in money), at a Court holden this day, it being adjudged that the plaintiff is entitled to recover, it is, upon the application of the plaintiff, found and adjudged, that the goods in respect of the nondelivery of which the plaintiff is entitled to recover, and which remain undelivered, c. 95, s. 104. day of are as follows; (that is to say,) [here enumerate the goods undelivered]; and that the plaintiff would have been liable to pay the sum of £ [here insert the sum to be paid by plaintiff for the delivery] for the delivery thereof; and that the plaintiff will have sustained damages to the amount of £ [here insert the sum assessed for damages if the goods he delivered] if the said goods shall be delivered under execution as hereinafter mentioned, and to the amount of £ [here insert the sum assessed for damages in the event of the nondelivery of the goods] if the said goods shall not be so delivered: and thereupon judgment being now given for the plaintiff, it is, upon the application of the plaintiff, ordered, that the said goods be delivered by defendant to the plaintiff, on the payment by him of the said sum of £ [here insert the sum to be paid by plaintiff for the delivery] on or before the now next ensuing, and that in default thereof execution do issue for the delivery to the plaintiff, on payment by the plaintiff of the said sum of £ [here insert the sum to be paid by plaintiff for the delivery] of the said goods; and that the defendant shall not have the option of retaining the same upon payment of the damages lastly assessed in the event of the nondelivery of the goods; and that the plaintiff do recover against the defendant the said sum of £ [here insert the sum assessed for damages if the goods be delivered] for damages and £ for costs and it is further ordered, that if the said goods or any part thereof cannot be found within the district of this Court, the bailiff of this Court shall distrain the defendant by all his lands and chattels within the district of this Court till the defendant deliver the said goods, or, at the option of the plaintiff, the said bailiff shall cause to be made of the defendant's goods the said sum secondly above assessed for damages, or a due proportion thereof. 110.-Distringas and Warrant of Execution against Defendant's Goods for the Amount of Damages for Nondelivery of the Goods (supposing the Goods delivered under the Order and Distringas), and Costs, under 19 & 20 Vict. c. 97, s. 2. C. D., Defendant. on the Whereas at a Court holden at day of 185 the plaintiff obtained a judgment against the defendant for the delivery to the plaintiff, upon payment by the plaintiff of the sum of £ [here insert the sum to be paid by plaintiff for the delivery] of the following goods; (that is to say,) [here enumerate the goods enumerated in the judgment], and by the said judgment it was found and adjudged that the plaintiff will have sustained damages to the amount of £ [here insert the sum assessed for damages if the goods be delivered] if the said goods shall be delivered to the plaintiff under this warrant, and to the amount of £ [here insert the sum assessed for damages in the event of the nondelivery of the goods] if the said goods shall not be so delivered, and judgment being then given for the plaintiff it was thereupon ordered that execution do issue for the delivery to the plaintiff, on payment by the plaintiff of the said sum of £ [here insert the sum to be paid by plaintiff for the delivery] of the said goods, and that the defendant should not have the option of retaining the said goods upon payment of the said sum of £ [here insert the sum assessed for damages in the event of the nondelivery of the goods], and that the plaintiff do recover against the defendant the said sum of £ [here insert the sum assessed for damages if the goods be delivered] for damages and £ for costs: And it was further ordered, that if the said goods or any part thereof should not be found within the district of this Court, the bailiff of this Court should distrain the defendant by all his lands and chattels within the district of this Court, till the defendant deliver the said goods, or, at the option of the plaintiff, the said bailiff should cause to be made of the defendant's goods the said sum of £ [here insert the sum found for damages if the goods be not delivered], or a due proportion thereof: And whereas the said goods have not been delivered according to the said order, and the said sum of £ so payable by the plaintiff as aforesaid has been paid to the registrar of this Court, and the plaintiff has not expressed his option to have the said sum of £ [here insert the sum found for damages if the goods be not delivered], or a due proportion thereof made of the goods of the defendant: These are therefore to require and order you forthwith to seize the said goods so not delivered as aforesaid, wheresoever they may be found within the district of this Court, and to deliver the same to the plaintiff, and pay over to the defendant upon seizure of the said goods the said sum of £ [here insert the sum to be paid by the plaintiff for the delivery], which is delivered to you together with this warrant: And if the same cannot be found by you within such district, you are required and ordered to distrain all the lands and chattels of the defendant, wheresoever they may be found, within the district of this Court, and them hold until the defendant shall deliver the said goods to you; and further to make and levy, by distress and sale of the goods and chattels of the defendant, wheresoever they may be found, within the district of this Court (excepting the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the plaintiff under the said order, including the costs of this execution; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the defendant which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the registrar of this Court, and make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the Court, this 185. day of NOTICE. The goods and chattels seized for damages and costs are not to be sold until after the end of five days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the defendant. the Application was made to the registrar for this warrant at minutes past the hour of in the day of 185 noon of N.B. When a plaintiff sues out this warrant, he must pay to the registrar the amount found by the judgment to be payable by plaintiff for the delivery of the goods, and the registrar must hand over such amount to the bailiff with this warrant, for the bailiff to pay to defendant, if either the defendant delivers the goods to the bailiff or the bailiff obtains possession of them under this warrant. 111. Warrant of Execution against Defendant's Goods under 19 & 20 Vict. c. 97, s. 2, where Plaintiff exercises the Option of having the Damages assessed for the Nondelivery of the Goods (where the Goods are not delivered pursuant to the Order) levied by Distress und Sale of Defendant's Goods. C. D., Defendant. Whereas at a Court holden at on the day of 185 the plaintiff obtained a judgment against the defendant for the delivery to the plaintiff, upon payment by the plaintiff of the sum of £ [here insert the sum to be paid by plaintiff for the delivery] of the following goods; (that is to say,) [here enumerate the goods enumerated in the judgment], and by the said judgment it was found and adjudged that the plaintiff will have sustained damages to the amount of £ [here insert the sum assessed for damages if the goods be delivered] if the said goods shall be delivered to the plaintiff under this warrant, and to the amount of £ [here insert the sum assessed for damages in the event of the nondelivery of the goods] if the said goods shall not be so delivered, and judgment being then given for the plaintiff it was thereupon ordered that execution do issue for the delivery to the plaintiff, on payment by the plaintiff of the said sum of £ [here insert the sum to be paid by plaintiff for the delivery], of the said goods, and that the defendant should not have the option of retaining the said goods upon payment of the said sum of £ [here insert the sum assessed for damages in the event of the nondelivery of the goods], and that the plaintiff do recover against the defendant the said sum of £ [here insert the sum assessed for damages if the goods be delivered] for damages and £ for costs: And it was further ordered, that if the said goods or any part thereof should not be found within the district of this Court, the bailiff of this Court should distrain the defendant by all his lands and chattels within the district of this Court, till the defendant deliver the said goods, or at the option of the plaintiff, the said bailiff should cause to be made of the defendant's goods the said sum of £ [here insert the sum found for damages if the goods be not delivered] or a due proportion thereof: And whereas the said goods have not been delivered according to the said order, and the plaintiff has ex. pressed his option to have the said sum of £ [here insert the sum assessed for damages in the event of nondelivery of the goods] made of the goods and chattels of the defendant: These are therefore to require and order you forthwith to make aud levy by distress and sale of the goods and chattels of the defend |