CH. XXII. according to law, who are in no wise akin to the said A. B. or to the said C. D., to appear before the said sheriff, to inquire diligently on their oath, of the truth of the aforesaid breach of the said condition, and to assess the damages which the said A. B. hath sustained thereby; and that the said sheriff do send the inquisition which he shall thereupon take, to our said lord the king at Westminster, (or, in C. P. " to the justices here," or, in the Exchequer," to his majesty's court, before the barons of his Exchequer at Westminster,") on the instant, or day of day of Esquire, in the next, (the return day of the writ of inquiry,) under his seal, and the William the Fourth, &c. (262). To the sheriff of, greeting: For other forms of writs of inquiry, for assessing damages, in debt on bond for performance of covenants, &c. see Barons of our Exchequer ") at Westminster, impleaded C. D. in an СH. XXII. action of debt, and demanded of him the sum of 1. of good and lawful money of Great Britain, upon and by virtue of a certain writing obligatory, in the penal sum of l., bearing date, &c. (date of bond,) and sealed with the seal of the said C. D. And such proceedings were thereupon had, in our said court before us, &c. (as above,) that it was afterwards considered by the same court, that the said A. B. ought to recover against the said C. D. his debt aforesaid, together with his damages which he had sustained on occasion of the detention thereof, &c.; whereof the said C. D. is convicted, as appears to us of record: And thereupon the said A. B. according to the form of the statute in such case made and provided, suggested upon the roll whereon the said judgment, so recovered against the said C. D. as aforesaid, is entered, to the effect following, to wit: that the said writing obligatory, whereon the said judgment was so recovered against the said C. D. as aforesaid, was made and given by him the said C. D., under and subject to a certain condition thereto subscribed; whereby, after reciting, &c. (stating the recital, if any, preceding the condition of the bond,) it was declared, that if, &c. (stating the condition.) And the said A. B. further suggested on the said roll, whereon the said judgment so recovered against the said C. D. was and is so entered as aforesaid, that, &c. (here state the suggestion of a breach, to the prayer of a writ of inquiry, and then proceed as follows :) as we have received information from the said A. B. in our said court before us, &c. (as above): And the said A. B. having prayed our writ, to inquire of the truth of the aforesaid breach of the said condition of the said writing obligatory, above suggested, and to assess the damages which he the said A. B. hath sustained thereby; therefore, according to the form of the statute in such case made and provided, we command you the said sheriff, that you summon twelve free and lawful men of your county, duly qualified according to law, who are in no wise akin either to the said A. B. or to the said C. D. to appear before you the said sheriff, to inquire diligently on their oath, of the truth of the aforesaid breach of the condition of the said writing obligatory, above suggested, and to assess the damages which the said A. B. hath sustained thereby; and that you send to instant, or next", 66 us, &c. (as above,) on the — day of you shall take that inquisition, together with this writ. Witness, &c. (263.) In the King's Bench, &c. (265.) on the - day of A. B. plaintiff, &c. (id.) Take notice, that a writ of inquiry will be executed in this cause, instant, (or next,) at the secondaries office, No. 5, Basinghall Street, London, (or, " at the house, known by the name of the sheriff's office, in Red Lion Square, in the county of Middlesex"; or, if in the country, at the house of commonly called or known by the name or sign of 66 in street, at day of To Mr. G. H. defendant's attorney, (or agent.) Your's &c. E. F. plaintiff's attorney, (or agent.) } , the (to wit.) An inquisition indented, taken at the secondaries office, &c. (as in last,) on day of, in the year of the reign of our sovereign lord William the Fourth, by the grace of God, of the united kingdom of Great Britain and Ireland king, defender of the faith, before-and- Esquires, sheriffs of London aforesaid, (or, "before sheriff of the county aforesaid,") by virtue of a writ of our said lord the king, directed and delivered to the said sheriffs, (or sheriff,) and to this inquisition annexed, to inquire of the truth of the within mentioned breach of the condition of the within mentioned writing obligatory, and to assess the damages which the within named A. B. hath sustained thereby, by the oath of twelve free and lawful men of the said city, (or county,) who, being sworn and charged, upon their oath say, that the said breach of the said condition is true, and that the said A. B. hath sustained damages, by the aforesaid breach of the said condition, besides his costs and charges by him about his suit in this behalf expended, to 1. and for those costs and charges to In witness whereof, we the said sheriffs have hereunto set our hands (or "I the said sheriff have hereunto set my hand") and CH. XXII. seal, the day and year, and at the place above mentioned. The execution of this writ appears in the inquisition hereunto Return. annexed. B. v. term, &c. (267.) Upon reading the affidavit of C. D. the defendant, and on D. ordered, that this action be laid in the county of ; and ($ 1.) Rule for chang ing venue, in C. P. Ante, 137. v. Upon the motion of Mr. term, &c. (267.) ($ 2.) The like, in the Exchequer. of counsel for the defendant, and reading the declaration in this cause, and the affidavit of D. the defendant; It is ordered, that the venue in this cause be changed, from the county of • For the rule to change the venue, in K. B. see Append. to Tidd Prac. 9 Ed. to the county of By the Court. Chap. XXIV. § 2. Ante, 137. CHAP. XXX. (§ 1.) Issue, of same term with declaration. Ante, 150, 51. Ante, 152, 156. -(Venue.) A. B. by E. F. his attorney, (or, "in his own proper person,") complains of C. D. who has been summoned to answer, &c. (or, "who has been arrested," &c. or, against a prisoner, "being detained, &c." as in the declaration). For that where'as, &c. (copying the declaration, to the end.) And the said C. D. by his attorney, (or, "in his own proper person,") comes and defends the wrong and injury, when, &c. and says, &c. (copying the pleadings, in their proper order, beAward of venire ginning each with a new line.) Therefore (in the King's Bench,) facias. let a jury thereupon come (or, if there are several issues, "Therefore, as well try this issue, as the said other issue (or issues) above joined between the parties aforesaid, let a jury thereupon come") forthwith, before our lord the king at Westminster, by whom, &c. and who neither, &c. to recognize, &c. because as well, &c.; (or, in the Common Pleas, "The sheriff is commanded, that he cause to come here forthwith, twelve, &c. by whom, &c. and who neither, &c. to recognize, &c. because as well, &c."; or, in the Exchequer, “Therefore to try the issue, or issues, aforesaid, between the parties aforesaid above joined, let a jury be made thereof.") (§ 2.) The like, of a subsequent term. Ante, 151, 2. (Venue.) A. B. on the day of –, in the year of our Lord 18-, (the day on which the declaration was delivered or filed,) by E. F. his attorney, (or " in his own proper person,") complained of C. D. who had been summoned to answer, &c., (or "who had been arrested," &c.; or, against a prisoner," who was detained," &c. as in the declaration,) as follows, that is to say: in the year of our Lord 18-. day of (Venue.) A. B. by E. F. his attorney, (or, "in his own proper person,") complains of C. D. &c. (copying the declaration, to the end.) And the said C. D. by G. H. his attorney, (or, " in his own proper person,") comes and defends, &c. (as in last, to the end.) |