court here against the said C. D. in continuation of the said last-mentioned writ, and it is granted to him &c., and hereupon [&c. so entering other pluries writs.] SECTION II. PROCESS BY WRIT OF CAPIAS, ISSUED UNDER 2 WILL. 4, c. 39, before 1ST OCT., 1838 (a). 1. Writ of Capias. [See the schedule of 2 W. 4, c. 39, No. 4.] 2. Return thereto of Non est inventus. 3. Entry of Writ of Capias and Award of an Alias. In the Queen's Bench [or "C. P." or "Exch. of Pleas."] On the day of A. D. 1840 (day of making the entry). England (to wit.) Our lady the queen sent to her sheriff of —— her writ against C. D. close in these words, to wit, Victoria [&c. here copy the writ of capias verbatim to the end, and then proceed thus:] And afterwards and within one calendar month next after the expiration of the said writ, including the day of such expiration, to wit, on the said day of A.D. 1840, (the day and year first named,) comes here the said A. B. by P. A. his attorney, [or "in his proper person,"] and offers himself against the said C. D. in the action aforesaid: And the sheriff, to wit, S. S. esquire, sheriff of the county of -- aforesaid, now here returns that the said C. D is not found in his bailiwick, and the said C. D. does not come; and hereupon the said A. B. by his attorney aforesaid prays another writ of our lady the queen to be issued out of the said court here against the said C.D. in continuation of the said first-mentioned writ, and it is granted to him &c. And hereupon our said lady the queen, in continuation of the said first-mentioned writ, within one calendar month next after the expiration thereof, including the day of such expiration, to wit, on the other writ close in these words, to wit, Victoria [&c. here copy the alias writ of capias verbatim, to the end, and then proceed thus:] and which said last-mentioned writ contains a memorandum indorsed thereon [or "subscribed thereto"] specifying the day of the date of the said firstmentioned writ &c. day of, A. D. — -, sent to her sheriff of (a) There is no machinery provided by 1 & 2 Vict. c. 110, for continuing the writ of capias under that act, so as to save the statute of limitations. As, however, cases may still occur in her practice in which writs issued previously to that act may be employed for the purpose, it is thought advisable to retain the forms relative to such writs. 4. Docket Paper thereon. The entry of P. A. gentleman, one &c. of day of A. D. 1840. the Middlesex (county to the sheriff of which the writ is directed), to wit. Entry of [writ of capias] between A. B. plaintiff and C. D. defendant, dated the day of, A.D. 1840. 5. Alias Writ of Capias, with Indorsement or Subscription thereon of the Date of the first Writ of Capias. [The writ is the same as the first writ of capias (see schedule to 2 Will. 4, c. 39, No. 4), except that after the words "we command you," should be inserted the words "as before we have commanded you;" the following memorandum should be indorsed on or subscribed thereto:] The first writ of capias issued in this action was dated the day of A. D. 1840. [See 2 Chit. Ar. Pr. 924.] 6. Return thereto of Non est inventus. [Same as ante, 235, No. 3.] 7. Entry of Return to Alias Writ of Capias and Award of Pluries. [After the entry already made of the writ of capias, return, and award of an alias, as ante, 542, No. 3, to the end, proceed thus:] Afterwards and within one calendar month next after the expiration of the said secondmentioned writ, including the day of such expiration, to wit, on the day of A. D. 18-, comes here the said A. B. by the said P.A. his attorney aforesaid, [or "in his own proper person,"] and offers himself against the said C. D. in the action aforesaid; and the sheriff, to wit, S. S. esquire, sheriff of the county of aforesaid, now here returns that the said C. D. is not found in his bailiwick, and the said C. D. does not come, and hereupon the said A. B. [by his attorney aforesaid] prays another writ of our said lady the queen to be issued out of the said court here against the said C. D. in continuation of the said last-mentioned writ, and it is granted to him &c.: And hereupon our said lady the queen, in continuation of the said second-mentioned writ, within one calendar month next after the expiration thereof, including the day of such expiration, to wit, on the day of - A. D. ——, sent to her sheriff of her other writ close in these words, to wit, Victoria [&c. here copy the pluries writ of capias verbatim to the end, and then proceed thus:] And which said last-mentioned writ contains a memorandum indorsed thereon [or "subscribed thereto"] specifying the day of the date of the said first-mentioned writ. [See 2 Chit. Ar. Pr. 924.] 8. Pluries Writ of Capias, with Indorsement or Subscription thereon of the Date of the first Writ. [The writ is the same as the first writ of capias (see schedule to 2 Will. 4, c. 39, No. 4), except that after the words "we command you," should be inserted the words "as before we have commanded you," but indorse on or subscribe to it the following memorandum :] The first writ of capias issued in this action was dated the day of - A. D. 1840. [See 2 Chit. Ar. Pr. 924.] 9. Return thereto of Non est inventus. 10. Entry of a Pluries Writ of Capias, and Award of another Pluries. [After the entry already made of the alias writ of capias, return, and award of the pluries, as unte, 543, No. 7, to the end, proceed thus:] Afterwards, and within one calendar month next after the expiration of the said third-mentioned writ, including the day of such expiration, to wit, the day of, A. D. 1840, comes here the said A. B. by the said P. A. his attorney aforesaid, [or "in his proper person,"] and offers himself against the said C. D. in the action aforesaid; and the sheriff, to wit, S. S. esquire, sheriff of the county of aforesaid, now on here returns that the said C. D. is not found in his bailiwick, and the said C. D. does not come; and hereupon the said A. B. [by his attorney aforesaid] prays another writ of our said lady the queen to be issued out of the said court here against the said C.D. in continuation of the said last-mentioned writ, and it is granted to him &c. And [&c. so continuing the entry of another writ of pluries, as in the form, ante, 543, No. 7.] CHAPTER II. OUTLAWRY. SECT. I.-Outlawry upon Mesne Process, 545 to 557. SECT. I.-OUTLAWRY UPON MESNE PROCESS (a). 1. Writ of Summons, ante, 15, No. 2; Writ of Distringas, ante, 20, No. 7; Præcipe for, 19, No. 6; Return of Non est inventus and Nulla bona to Distringas, ante, 22, No. 14. [See 2 Chit. Ar. Pr. 926.] 2. Writ of Exigi facias, after a Distringas (b). Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriffs of [London], greeting: We command you that you cause C. D. late of -, in the county of -, tailor, to be demanded from husting to husting, [or if the exigi fucias be not directed to the sheriff's of London, say "from county court to county court,"] 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 him safely keep(b), until he shall have appeared in our court before us [or in C. P. "before our justices," or in Exch, "before the barons of our Exchequer"] at Westminster, to answer A. B. in an action on promises, at the suit of the said A. B., or until the said C. D. shall by other lawful means be discharged from your custody; and whereupon you returned to us for in C. P. " to our justices," or in Exch. " to our barons"] at Westminster, on last past, that the said C. D. was not found in your bailiwick, and that he had nothing in your bailiwick by which he could be distrained; and how you shall have executed this our writ make appear to us [or in C. P. "to our said justices," or in (a) It would seem that the plaintiff cannot proceed to outlawry on a capias issued under 1 & 2 Vict.c. 110. The forms in this chapter are therefore confined to outlawry by writ of summons and distringas. Forms relative to the capias under 2 Will. 4, c. 39, will be found in the 4th edition of this work, pp. 527, 528, &c. (b) It is submitted that this is the correct form, without reciting the distringas, &c. see note (a) supra. There is no authority given by the act or otherwise to issue a second distringas against the defendant, and it is therefore more correct to require the sheriff, by the exigi facias, "to take" him if he do not appear. Erch. "to the said barons"] at Westminster, on this writ. Witness minster, the and have there (name of chief justice or chief baron), at Westday of in the year of our Lord [See 2 Chit. Ar. Pr. 928.] 3. Return to Exigi facias. aforesaid, on on aforesaid, on By virtue of this writ to me directed, at my county court held at in and for the county of the day of [or if in London, "at the husting of pleas of land, holden in the Guildhall of the city of London, on,"] in the year within written, the within-named C. D. was a first time demanded, and did not appear: And at my county court, held at the day of, in the year aforesaid, [or in London "at the hustings" &c. as suprà,] the said C. D. was a second time demanded, and did not appear. And at my county court, held at the day of, in the year aforesaid, [or in London, " at the husting,"] &c. as supra,] the said C.D. was a third time demanded, and did not appear. And at my county court, held at the day of -, in the year aforesaid, [or in London "at the husting" &c. as supra] the said C. D. was a fourth time demanded, and did not appear. And at my county court, held at the day of - in the year aforesaid, [or in London "at the husting" &c. as supra,] the said C. D. was a fifth time demanded, and did not appear: Therefore by the judgment of esquire, and —, esquire, coroners of our sovereign lady the queen for the county aforesaid, the said C. D., according to the law and custom of England, is outlawed. - aforesaid, on aforesaid, on The answer of S. S. esquire, sheriff. N.B. Supposing that all the county courts or hustings were not holden in the time of the same sheriff, the return should be thus: By virtue of this writ to me directed [&c. here state the county courts or hustings at which the defendant was demanded, in the time of the late sheriff, and conclude his return with "The answer of S. S. sheriff;" then proceed on a new line thus:] This writ, as above indorsed, was delivered to me the under-named present sheriff, by the above-named late sheriff, at his going out of office. At my county court [&c. here state the county courts or hustings at which the defendant was demanded, in the time of the succeeding sheriff and conclude his return thus: "The answer of S. S. esquire, sheriff."] [See 2 Chit. Ar. Pr. 929.] 4. Allocatur Exigent. Victoria, [&c. as ante, 545, No. 2,] to the sheriff of We command you, that allowing those greeting: county courts, [or if in London, "those hustings,"] at which C. D. late of was demanded and did not appear, as you returned to us [or in C. P. " to our justices," or in Exch. "to the barons of our Exchequer"] at Westminster, on (the return of the exigent) last past, you cause the said C. D. to be further demanded at your next county court, [or "husting," if only one return is wanting, or if more than one, "from county court to county court," or "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 him safely keep until he shall have appeared in our court before us [or in C. P. "before our justices," or in Erch. “before |