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($ 4.) Rule thereon,

for entering appearance, in

term time.

Ante, 85, 6.

104.

($ 5.) Judge's order, in vacation.

Ante, 85, 6. 104.

In the King's Bench, &c. (267.)

B.

V.

Upon reading the affidavit of I. K. and G. H. it is ordered, that the plaintiff be at liberty to enter an appearance D. for the defendant in this action, according to the statute in that case made and provided, and to proceed thereon to judgment and execution.

B.

By the Court.

Upon reading the affidavit of I. K. and G. H. I do order, v. that, &c. (as in last, to the end, concluding thus:) Dated D. this day of 18-.

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

($ 6.) Affidavit of service of capias, on one of several

of

Ante, 104.

defendants.

($ 7.)

Memorandum of appearance by defendant, when he appears in

person, or by attorney.

Ante, 105.

($ 8.)

The like, when

there are several defendants.

Ante, 105.

($ 9.)

The like, when one of several

defendants is served with capias.

Ante, 105.

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in the county of

day

A. B. plaintiff, against C. D. and E. F. defendants. I. K. of officer to the sheriff maketh oath and saith, that he did, on the of instant, (or last,) personally serve the above named defendant C. D. with a true copy of a writ of capias, and of the memorandum subscribed thereto, and warning and indorsements thereon, and which writ of capias appeared to this deponent to have been regularly issued out of, and under the seal of this honourable court, on the day of instant, (or last,) against the said defendants, at the suit of the said plaintiff. And this deponent further saith, that he did, on the day of the said month of, duly indorse on the said writ of capias, the day of the execution thereof.

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

A. B. plaintiff, against C. D.

The defendant appears in person, or, (if by attorney,)

G. H. attorney for C. D. appears for him.

I. K.

A. B. plaintiff, against C. D. and another, (or, C. D. and others.)
The defendants appear in person, or, (if by attorney,)

G. H. attorney for C. D. and I. K.

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A. B. plaintiff, against C. D. sued with G. H. or "with G. H. and

others."

The defendant C. D. appears in person, or, (if by attorney,)
G. H. attorney for C. D. appears for him.

A. B. plaintiff, against C. D. (or, C. D. and another, &c.)

($ 10.)

E. F. attorney for the plaintiff, appears for the defendant C. D. The like, when

(or, C. D. and another, &c.) according to the statute.

Entered the

day of

18-.

appearance is entered by plaintiff.

Ante, 105.

CHAP. XIII.

ASSIGNMENT of BAIL BOND; and PROCEEDINGS for compelling SHERIFF to RETURN WRIT, &c.

I the within named sheriff, at the request of the within named plaintiff, assign over to him this bail bond, pursuant to the statute in that case made and provided: In witness whereof, I have hereunto set my hand and seal, this

Sealed and delivered,

in the presence of

I. K.

day of

18-. sheriff.

($ 1.) Assignment of

bail bond.

Ante, 108.

L. M.

In the King's Bench, &c. (267.)

(For the mode of entitling rules, in the different courts, see id.)

B.

($ 2.) Rule to return writ of capias, in

It is ordered, that the sheriffs (or, late sheriffs) of London term time. v.shall, within four days next after notice of this rule, to be given Ante, 108. D. to their secondaries, (or, " that the sheriff, or late sheriff, of the county of shall, within four days in Middlesex, or six days in any other county, next after notice of this rule, to be given to his undersheriff, or deputy," ) peremptorily return the writ of capias, issued between the parties.

Side bar (in K. B. or Exchequer;) In the Treasury Chamber, at the instance of the plaintiff, (in C. P.)

By the Court.

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

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

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G. H. of, clerk to E. F. gentleman, attorney for the above named plaintiff, maketh oath and saith, that on the day of instant, (or last,) a writ of capias was issued out of, and under the seal of this honourable court, against the above named defendant, at the suit of the said plaintiff, directed and delivered to the sheriff of And this deponent further saith, that he has since been informed and verily believes, that the said defendant has been arrested upon and by virtue of the said writ.

($ 4.) Judge's order

B.

V.

thereon.

Ante, 108, 9.

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Sworn, (&c.)

G. H.

I order, that the sheriffs, (or late sheriffs,) &c. (as in § 2. substituting the word "order," for the word "rule.") Dated D. the day of

18—.

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($ 5.) Affidavit of service of rule to

return writ, &c. Ante, 110.

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

G. H. of, clerk to E. F. gentleman, attorney for the above named plaintiff, maketh oath and saith, that he this deponent did, on the instant, (or last,) personally serve Mr. deputy to the secondaries of the city of

day of who is or acts as

London, at their office No. 5, Basinghall Street, (if in London; or, if who is or acts as deputy sheriff of the

in Middlesex," Mr.

who is

county of Middlesex"; or, if in any other county," Mr.
the under sheriff, or deputy to the sheriff, of the county of
at his residence, or office, situate, &c.") with a true copy of the rule
hereunto annexed; and at the same time shewed him the said original
rule. And this deponent further saith, that he has this day searched
(or, "did, on the day of
instant, or last, search,") in the
proper office of this honourable court, for the return of the writ of
capias, issued in this cause, but that the same was not filed in the
said office.

a

Sworn, (&c.)

By the late act for the further amendment of the law, &c. (3 & 4 W. IV. c. 42.) § 20, "the sheriff of each county in England and Wales, shall severally name a sufficient deputy, who shall be resident, or have an office, within one mile from the Inner Temple Hall,

G. H.

for the receipt of writs, granting warrants thereon, making returns thereto, and accepting of all rules and orders, to be made on, or touching the execution of any process or writ, to be directed to such sheriff." Ante, 84, 5.

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

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

day of

($ 6.) The like, of service of judge's

order, &c.

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in this pre

Ante, 110.

(As in last, to the end; substituting the word "order" for the word "rule," and concluding as follows :) And this deponent further saith, that the said order was, on the sent term, being the term next following the making and granting of the said order, made a rule of this honourable court, as appears by such rule hereunto annexed, (annexing it.) Sworn, (&c.)

In the King's Bench, &c. (267.)

B.

v.

G. H.

Upon reading the rule (or "order") made in this cause, on and the affidavit of G. H. it is ordered, that a writ of D. attachment do issue against the sheriffs (or, late sheriffs) of London, (or sheriff, or late sheriff, of the county of,) for their (or his) contempt, in not returning the writ of capias, issued in this cause, pursuant to the said rule (or, "order.") Upon the motion of Mr. -, (in K. B. or Exchequer; or, in the Common Pleas, of Mr. Serjeant.)

For these returns, vide ante, p. 271.

By the Court.

day of

By virtue of this writ, to me directed, I did, on the 18-, take the within named C. D., and him safely kept, until he gave me bail, (or made deposit with me) according to law, in the within action. And I further certify, that on the execution of the said writ, I delivered a copy thereof to the said defendant, as I am within commanded.

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The answer of

sheriff.

By virtue, &c. (§ 10.) I did, on the

day of

18-, take

the within named C. D. whose body remains in the prison of the lord the king, under my custody. And I further certify, &c. (as in last.)

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By virtue, &c. (§ 10.) I did, on the day of

the within named C. D., and him safely kept, until he gave me
bail, &c. (as in § 10. or," whose body remains," &c. as in §
And I further certify, &c. (§ 10.) But the within named E. F. is not

found in my bailiwick.

11.)

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(§ 13.)

By virtue, &c. (§ 10.) I did, on the

The like, of cepi take the within named

corpus as to one defendant, and

service of copy
of writ on an-

other.
Ante, 110.

tify, that I did, on the

day of, 18-,

C. D. &c. (id.)

day of

And I further cerinstant, (or last,) by the

order and direction of the attorney for the said A. B. serve a copy

of this writ on the within named E. F.

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Rule to bring in
body, in K. B.

Tidd Prac. 9
Ed. 310.

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B.

v.

day of

&c. (267.)

It is ordered, that the sheriffs (or late sheriffs) of London shall, within four days next after notice of this rule, to be Ante, 110. (k.) D. given to their secondaries, (or, "that the sheriff, or late sheriff, of the county of shall, within four days in Middlesex, or “six days" in any other county, next after notice of this rule, to be given to his undersheriff, or deputy,") peremptorily bring into court the body of the defendant.

Side Bar.

($ 16.) The like, as given by filacer, in C. P.

In the Common Pleas.

Tidd Prac. 9
Ed. 310.
Ante, 110. (k.)

(6 17.)

The like, as

By the Court.

term, &c. (267.)

B. Unless the sheriffs (or late sheriffs) of London, &c. (as in last,) do cause the body of the defendant to be brought into D. this court, on, let them (or him) be amerced forty shillings.

v.

B.

By the Court.

Upon reading the filacer's rule, made between the said parties, it is ordered, that the sheriffs (or late sheriffs) of condary thereon. D. London, &c. (as in § 15.)

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court, the body of the said defendant, whom he hath taken, and

For other forms of returns to the writ of capias, see Append. to Tidd Prac.

9 Ed. Chap. XIII. § 18, &c.

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