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CHAP. VII., &c.
WRIT of CAPIAS, and PROCEEDINGS thereon; and PROCESS of
9. Mandate to sheriff, in county palatine of Lancaster
9. a. The like, in Durham
10. Order for sheriff to arrest one defendant, and serve
id.
277
278
279
§ 1. Affidavit of personal service of writ of summons
2. The like, of execution of writ of distringas, and personal
service of copy
2. a. The like, where defendant cannot be met with
3. The like, for leave to enter appearance, on return of
non est inventus and nulla bona, to writ of distringas. id. 281
4. Rule thereon, for entering appearance, in term time 282
5. Judge's order, in vacation
6. Affidavit of service of capias, on one of several de-
fendants
§ 7. Memorandum of appearance by defendant, when he ap-
pears in person, or by attorney.
8. The like, when there are several defendants
9. The like, when one of several defendants is served with
capias.
10. The like, when appearance is entered by plaintiff
CHAP. XIII.
Page
282
ASSIGNMENT of BAIL BOND; and PROCEEDINGS for compelling
SHERIFF to RETURN WRIT, &c.
2. Rule to return writ of capias, in term time
3. Affidavit to obtain judge's order for returning it, in
vacation
4. Judge's order thereon
5. Affidavit of service of rule to return writ, &c.
6. The like, of service of judge's order, &c.
284
285
12. Return of cepi corpus, as to one defendant, and non est
7. Rule for attachment, for not returning writ
8, 9. Returns to writ of distringas
10. Return of cepi corpus, when defendant has given bail,
13. The like, of cepi corpus as to one defendant, and service
19. Affidavit to obtain judge's order for bringing in body,
in vacation
287
20. Judge's order thereon
21. Affidavit of service of rule to bring in body, &c.
21. a. The like, of judge's order, &c.
22. Rule for attachment, for not bringing in body
288
4. Commencement of declaration, when defendant is in
custody
5. The like, after arrest of one defendant, where another
has been served only
6. Affidavit of delivery of copy of declaration, against
prisoner in custody of sheriff, &c.
. id.
7. The like, against prisoner in custody of marshal, or
warden
CHAP. XVII.
DECLARATION, &c.
§ 1. Rule for time, or further time, to declare, in K. B. or
Exchequer.
2. The like, in C. P. .
3. Rule to declare peremptorily, in K. B. or Exchequer.
4. The like, in C. P.
6. Commencement of declaration, after summons
7. The like, after arrest, where defendant is not in custody.
8. The like, when he is in custody of sheriff, &c. .
9. The like, after arrest of one defendant, where another
291
10. Declaration on bail bond, by the assignee, against de-
fendant and his bail to the sheriff'
11. Notice of filing declaration in chief, and to plead, &c.
when plaintiff appears for defendant, on serviceable
process
294
12. Affidavit for obtaining leave to stick up notice of de-
claration in office.
13. Notice of filing declaration de bene esse, on bailable
14. Demand of declaration
296
CHAP. XX.
FORMS of PROCEEDINGS on INTERPLEADER ACT, 1 & 2 W. IV.
c. 58. § 1.
§ 1. Notice of motion, on interpleader act, in action by
executors, for trial of right to shares and dividends
in a public company, claimed by assignees of a bank-
rupt
2. Rule nisi thereon
3. Rule absolute, for trial of right, on a feigned issue, &c. id.
4. Affidavit for obtaining judge's order, on interpleader
act, in action against auctioneer, for deposit money. 298
5. Summons, to shew cause thereon
6. Judge's order thereon .
CHAP. XXII.
PROCEEDINGS for STAYING JUDGMENT, after EXECUTION of
INQUIRY; and for ASSESSING DAMAGES, on STATUTE 8 &
9 W. III. c. 11. § 8.
§ 1. Form of under-sheriff's certificate, on execution of writ of inquiry, for staying judgment thereon
2. The like, where judgment is stayed for a certain number of days only, to give defendant an oppor- tunity of applying to a judge, or baron
3. Summons, for staying judgment, after writ of inquiry
executed, until a day in the following term
4. Judge's, or baron's, order thereon.
5. Judgment by nil dicit, in debt on bond for performance
of covenants, where a breach was suggested after
judgment, and writ of inquiry awarded, for assessing
damages, on stat. 8 & 9 W. III. c. 11. § 8.
6. Writ of inquiry, for assessing damages thereon
299
7. Notice of inquiry, and assessment of damages, on same
PROCEEDINGS for TRIAL of ISSUES, before SHERIFF, &c.
STATUTE 3 & 4 W. IV. c. 42.
§ a. Affidavit to obtain judge's order, for writ of trial
b. Judge's summons thereon.
c. The like, another way
1. Judge's order thereon
on
1 a. The like, to judge of Sheriff's court, in London
2. Form of writ of trial
808
7. Entry of proceedings, and judgment in assumpsit, on
verdict for plaintiff .
8. The like, in debt, where part is found for the plaintiff,
and part for the defendant
CHAP. XXXV.
PROCEEDINGS by MANDAMUS, RULE or ORDER, and COMMISSION,
for EXAMINATION of WITNESSES, on INTERROGATORIES, &c.
§ 1. Rule for mandamus, in K. B. founded on judge's order,
to examine witnesses, in New South Wales
2. Writ of mandamus, to examine witnesses, in India, or
the colonies, &c. on stat. 13 Geo. III. c. 63, & 1 W.
IV. c. 22
312
313
id. 314