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New Statutes effecting Alterations in the Law.
give possession of such premises to the plaintiff, and the plaintiff shall from the time of the execution of such warrant hold the premises discharged of the tenancy, and the defendant, and all persons claiming by, through, or under him, shall, so long as the order of the court remains unreversed, be barred from all relief in equity or otherwise.
53. Where any summons for the recovery of a tenement as is hereinbefore specified shall be served on or come to the knowledge of any sub-tenant of the plaintiff's immediate tenant, such sub-tenant being an occupier of the whole or of a part of the premises sought to be recovered, he shall forthwith give notice thereof to his immediate landlord under penalty of forfeiting three years' rackrent of the premises held by such sub-tenant to such landlord, to be recovered by such landlord by action in the court from which summons shall have issued, and such landlord, on the receipt of such notice, if not originally a defendant, may be added or substituted as a defendant to defend possession of the premises in question.
54. A summons for the recovery of a tenement may be served like other summonses to appear to plaints in county courts; and if the defendant cannot be found, and his place of dwelling shall either not be known or admission thereto cannot be obtained for serving any such summons, a copy of the summons shall be posted on some conspicuous part of the premises sought to be recovered, and such posting shall be deemed good service on the defendant.
55. Any warrant to a high bailiff to give possession of a tenement shall justify the bailiff named therein in entering upon the premises named therein, with such assistants as he shall deem necessary, and in giving possession accordingly; but no entry upon any such warrant shall be made except between the hours of nine in the morning and four in the after
56. Every such warrant shall, on whatever day it may be issued, bear date on the day next after the last day named by the judge in his order for the delivery of possession of the premises in question, and shall continue in force for three months from
such date and no longer, but no order for delivery of possession need be drawn up or served.
57. The judge of a county court may at all times amend all defects and errors in any proceeding in such court, whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not; and all such amendments may be made with or without costs, and upon such terms as to the judge may seem fit; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties, shall be so made if duly applied for.
58. Any affidavit to be used in a county court may be sworn before a judge or registrar of a county court, without the payment of any fee, or before a commissioner to administer oaths in Chancery in England, or a London commissioner to administer oaths in Chancery, or a commissioner for taking affidavits in any superior court, such commissioners respectively not being registrars, or before a justice of the peace.
59. Every warrant of commitment which shall issue from a county court shall, on whatever day it may be issued, bear date on the day on which the order for commitment was made, and shall continue in force for one year from such date and no
60. No officer of a county court in executing any warrant of a county court, and no person at whose instance any such warrant shall be executed, shall be deemed a trespasser by reason of any irregularity or informality in any proceeding on the validity of which such warrant depends, or in the form of such warrant, or in the mode of executing it, but the party aggrieved may bring an action for any special damage which he may have sustained by reason of such irregularity or informality against the party guilty thereof, and in such action he shall recover no costs, unless the damages awarded shall exceed forty shillings.
61. Any judgment summons issued out of a county court under section ninety-eight of the act of the ninth and tenth years of the reign of her present Majesty, chapter 95, or under this act, or any warrant of commitment in respect of an unsatisfied judgment or order of a county court, may respectively be in the form or to the effect given in Schedule (B.) to this act, numbered respectively (2.) and (3.); and all such summonses or warrants shall be deemed sufficient to justify proceedings under them without any further statement of facts to show jurisdiction.
62. The bankruptcy or insolvency of the plaintif in any action in a county court, which the assignees might maintain for the benefit of the creditors, shall not cause the action to abate if the assignees shall elect to continue such action, and to give security for the costs thereof, within such reasonable time as the judge shall order, but the hearing of the cause may be adjourned until such election is made; and in case the assignees do not elect to continue the action, and to give such security within the time limited by the order, the defendant may avail himself of the bankruptcy or insolvency as a defence to the action.
63. The powers and responsibilities of the sheriff' with respect to replevin bonds and replevins shall henceforth cease; and the registrar of the county court of the district in which any distress subject to replevin shall be taken shall be empowered, subject to the regulations hereinafter contained, to approve of replevin bonds, and to grant replevins, and to issue all necessary process in relation thereto, and such process shall be executed by the high bailiff.
64. Such registrar shall, at the instance of the party whose goods shall have been distrained, cause the same to be replevied to such party, on his giving one or other of such securities as are mentioned in the next two succeeding sections.
65. An action of replevin may be commenced in any superior court in the form applicable to personal actions therein, and such court shall have power to hear and determine the same; and if the replevisor shall wish to commence proceedings in any superior court, he shall, at the time of replevying, give security, to be approved of by the registrar, for such an amount as such registrar shall deem sufficient to cover the alleged rent or damage in respect of which the distress shall have been made, and the probable costs of the cause in a superior court, conditioned to commence an action of replevin against the distrainer in such superior court as shall be named in the security, within one week from the date thereof, and to prosecute such action with effect and without delay, and unless judgment thereon be obtained by default, to prove before such superior court that he had good ground for believing either that the title to some corporeal or incorporeal here
New Statutes effecting Alterations in the Law.
ditament, or to some toll, market, fair, or franchise was in question, or that such rent or damage exceeded twenty pounds, and to make return of the goods, if a return thereof shall be adjudged.
66. If the replevisor shall wish to commence proceedings in a county court, he shall at the time of replevying give security, to be approved of by the registrar, for such an amount as such registrar shall deem sufficient to cover the alleged rent or damage in respect of which the distress shall have been made, and the probable costs of the cause in the county court, conditioned to commence an action of replevin against the distrainer in the county court of the dis. trict in which the distress shall have been taken, within one month from the date of the security, and to prosecute such action with effect and without delay, and to make a return of the goods, if a return thereof shall be adjudged.
67. Any action of replevin brought in a county court shall be removed into any superior court by writ of certiorari, if the defendant shall apply to such superior court or to a judge there for such writ, and shall give security, to be approved of by the master of such superior court, for such amount, not exceeding one hundred and fifty pounds, as such master shall think fit, conditioned to defend such action with effect, and, unless the replevisor shall discontinue or shall not prosecute such action, or become nonsuit therein, to prove before such superior court that the defendant had good ground for believing, either that the title to some corporeal or incorporeal hereditament, or to some toll, market, fair, or franchise, was in question, or that the rent or damage in respect of which the distress shall have been taken exceeded twenty pounds; and every such superior court shall have power to determine the same action.
68. An appeal from the decision of a county court, on the same grounds and subject to the same conditions as are provided by the fourteenth section of the act of the thirteenth and fourteenth years of the reign of her present majesty, chapter sixty-one, shall be allowed in all actions of replevin where the amount of rent or damage exceeds twenty pounds, and in all actions for the recovery of tenements where the yearly rent or value of the premises exceeds twenty pounds and in proceedings in interpleader where the money claimed or the value of the goods or chattels claimed, or of the proceeds thereof, exceeds twenty pounds, and in all actions where the parties agree that the court shall have jurisdiction.
69. No appeal shall lie from the decision of a county court, if before such decision is pronounced both parties shall agree, in writing signed by themselves or their attorneys or agents, that the decision of the judge shall be final, and no such agreement shall require a stamp.
70. Where by this act, or any act relating to the county courts, a party is required to give security, such security shall be at the cost of the party giving it, and in the form of a bond, with sureties, to the other party or intended party in the action or proceeding provided always, that the court in which any action on the bond shall be brought may by rule or order give such relief to the obligors as may be just, and such rule or order shall have the effect of a defeasance of such bond.
71. Where by this act or any acts relating to the county courts a party is required to give security, he may in lieu thereof deposit with the registrar, if the security is required to be given in a county court, or with a master of the superior court if the security is required to be given in such court, a sum equal in
amount to the sum for which he would be required to give security, tegether with a memorandum, to be approved of by such registrar or master, and to be signed by such party, his attorney or agent, setting forth the conditions on which such money is deposited, and the registrar or master shall give to the party paying a written acknowledgment of such payment; and the judge of the county court, when the money shall have been deposited in such court, or a judge of the superior court when the money shall have been deposited in a superior court, may, on the same evidence as would be required to enforce or avoid such bond as in the last preceding section is mentioned, order such sum so deposited to be paid out to such party or parties as to him shall seem just.
72. Where any claim shall be made under section one hundred and eighteen of the act of the ninth and tenth years of the reign of her present majesty, chapter ninety-five, to or in respect of any goods taken in execution under the process of a county court, the claimant may deposit with the bailiff either the amount of the value of the goods claimed, such value to be fixed by appraisement in case of dispute, to be by such bailiff paid into court, to abide the decision of the judge upon such claim, or the sum which the bailiff shall be allowed to charge as costs for keeping possession of such goods until such decision can be obtained, and in default of the claimant so doing the bailiff shall sell such goods as if no such claim had been made, and shall pay into court the proceeds of such sale, to abide the decision of the judge.
73. Any acknowledgment to be made by any married woman of any deed under the act of the third and fourth years of the reign of his late majesty King William the Fourth, chapter seventy-four, may be received by a judge of a county court in the same manner as such acknowledgment may be received by a judge of a superior court.
74. When any prison wherein any person committed by a county court may be confined is situated at an inconvenient distance from such court, one of her majesty's principal secretaries of state may, by order under his hand, direct that persons committed by such court shall be confined in any other prison named in such order to which persons may be committed from any other county court, though such prison may be in a different county, district, city, borough, or place from that in which such firstmentioned eourt shall be held, and may from time to time vary such order; provided that no such order shall be made without the consent of the visiting justices of the prison in which such persons are to be directed by any such order to be confined; and every person so confined shall be supported at the expense of the county, district, city, borough, or place in which he shall have resided at the time of his committal.
75. Section one of the act of the eighth year of the reign of Queen Anne, chapter fourteen, shall not apply to goods taken in execution under the warrant of a county court, but the landlord of any tenement in which any such goods shall be so taken may claim the rent thereof at any time within five clear days from the date of such taking, or before the removal of the goods, by delivering to the bailiff or officer making the levy any writing signed by himself or his agent, which shall state the amount of rent claimed to be in arrear, and the time for and in respect of which such rent is due; and if such claim be made, the bailiff or officer making the levy shall in addition thereto distrain for the rent so claimed
New Statutes effecting Alterations in the Law.
and the costs of such distress, and shall not within five days next after such distress sell any part of the goods taken, unless they be of a perishable nature, or upon the request in writing of the party whose goods shall have been taken; and the bailiff shall afterwards sell such of the goods under the execution and distress as shall satisfy, first, the costs of and incident to the sale, next the claim of such landlord, not exceeding the rent of four weeks where the tenement is let by the week, the rent of two terms of payment where the tenement is let for any other term less than a year, and the rent of one year in any other case, and lastly the amount for which the warrant issued; and if any replevin be made of the goods so taken, the bailiff shall, notwithstanding, sell such portion thereof as will satisfy the costs of and incident to the sale under the execution, and the amount for which the warrant issued; and in either event the overplus of the sale, if any, and the residue of the goods, shall be returned to the defendant; and the poundage of the high bailiff and broker for keeping possession, appraisement, and sale under such distress, shall be the same as would have been payable if the distress had been an execution of the county court, and no other fees shall be demanded or taken in respect thereof.
76. If any bond given under the provisions of any act relating to the county courts shall have been registered in the Court of Common Pleas in England, and the condition of such bond shall have been satisfied, the Commissioners of Her Majesty's Treasury, by certificate under the hands of any two of them, may authorise the proper officer of the said court to enter up satisfaction on the record of such bond or obligation.
77. From and after the passing of this act, no action or suit shall be commenced in the Hundred or Wapentake Court of Wirral in the county of Chester, and the authority and jurisdiction of the said court shall cease, and all actions or suits depending in the said court shall be transferred, with all the proceedings thereon, to the county court for the district in which the respective defendants shall then reside; and such actions and suits shall be dealt with and decided, as to the costs of the same, as well as in other respects, according to the practice of the county court or of the said Hundred Court according to the discretion of the judge of the county court, which court shall, for the purpose of such actions or suits, be deemed to have all the power and jurisdiction possessed by the said Hundred Court before the passing of this act; and every person who is legally entitled to any franchise or office in or in respect of the said Hundred Court shall be entitled to make a claim for compensation to the Commissioners of Her Majesty's Treasury within six months after the passing of this act; and the said commissioners, in such manner as they shall think fit, may inquire what was the nature of the franchise or office, and what was the tenure thereof, and what were the lawful fees and emoluments in respect of which such compensation should be allowed; and the said commissioners in each case shall award such gross or yearly sum, and for such time as they shall think just to be awarded, upon consideration of the special circumstances of each case: provided always, that if any person holding any office in the said Hundred Court shall be appointed to any public office or employment, the payment of the compensation awarded to him under this act, so long as he shall continue to receive the salary or emoluments of such office or employment, shall be suspended, if the amount of such salary or emoluments be greater than
the amount of the compensation, or, if not, shall be diminished by the amount of such salary or emoluments; and the several compensations herein before granted shall be paid out of monies to be voted by Parliament, and the Commissioners of Her Majesty's Treasury of the said United Kingdom are hereby authorised to pay the same accordingly.
78. The fees payable on the proceedings in the county courts mentioned in schedule (C,) to this act shall be those therein specified; and such fees shall, except in interpleaders, or where such fees shall be payable in respect of keeping possession, appraising or selling goods seized, be paid in the first instance by the party on whose behalf any such proceeding is to be taken, before such proceeding is taken; and in default of the payment of any fees, payment thereof shall, by order of the judge, be enforced by such means as might be employed to recover any debt adjudged by the court to be paid; and a table of all fees shall be posted in some conspicuous place in every court house and in every registrar's office.
79. The Commissioners of Her Majesty's Treasury, from time to time, with the consent of the Lord Chancellor, may lessen or increase the fees which are specified in schedule (C.) to this act, or which are now payable on proceedings in the county courts taken under any act not hereinbefore recited, and may substitute other fees in lieu thereof, and may order new fees to be paid on any proceedings which are now or shall hereafter be authorised to be taken in such courts, whether any fee is now payable thereon or not: provided always, that every such alteration in the scale of fees shall be notified to both Houses of Parliament within ten days from the commencement of the session next after such alteration.
80. The salaries of the judges of the county courts shall be paid ont of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, and the Commissioners of Her Majesty's Treasury are hereby empowered to pay the same accordingly; and the sums which are now or may hereafter be allowed to them for travelling expenses shall be paid out of monies that may be voted by parliament for that purpose.
81. Whereas by the fourteenth section of the said act passed in the session of Parliament holden in the fifteenth and sixteenth years of the reign of her present majesty, chapter fifty-four, it was enacted, that after the passing of the said act the greatest salaries to be received in any case by the judges of the county courts should be one thousand five hundred pounds, but that in no case should any judge be paid a less salary than twelve hundred pounds; and whereas the Commissioners of Her Majesty's Treasury have ordered that the salaries of the judges whose names are mentioned in the schedule marked (D.) annexed to this act should be fixed at the amounts set opposite their respective names in such schedule; and whereas it is desirable that the salaries of the judges of the county courts should be fixed by Parliament at one uniform rate: be it enacted, that every judge of a county court shall be paid a salary of twelve hundred pounds a year, and no more: provided always, that the judges mentioned in the said schedule shall continue to receive the salaries therein mentioned to be payable to them respectively so long as they shall continue to be judges of the county courts; and provided also, that nothing herein contained shall affect the right or title of any county court judge to receive any sum or sums of money now or hereafter to be made payable to him for defraying his travelling expenses,
New Statutes effecting Alterations in the Law.
82. The registrars of the courts shall be paid by salaries; and the principle on which the said salaries shall be so regulated shall be, that the registrar of each court in which the plaints entered do not exceed the number of two hundred in a year shall have an annual salary of one hundred and twenty pounds; and that in courts where the plaints exceed two hundred in the year the salaries shall be increased by sums of five pounds for every twenty-five additional plaints up to one thousand plaints inclusive, and then by sums of four pounds for every twentyfive additional plaints up to six thousand inclusive; and such salaries shall be inclusive of all salaries to the clerks employed by the registrar in the business of their respective courts, and of all emoluments whatsoever, except those receivable by them in proceedings in insolvency or protection; and in the courts in which the plaints exceed the number of six thousand the amount of salary shall be fixed by the said commissioners, with the consent of the Lord Chancellor, but in no case shall the net salary to be allowed exceed the maximum salary of seven hundred pounds a year as provided by the act of the fifteenth and sixteenth years of the reign of her present majesty, chapter fifty-four: provided always, that the salary of any registrar acting in a similar capacity, or as clerk, before the passing of the act of the ninth and tenth Victoria, chapter ninety-five, in any court mentioned in schedule A. to that act, shall not (exclusive of all salaries to the clerks to be employed by them as aforesaid, the amount of such salaries and the number of such clerks to be sanctioned and approved by the Commissioners of Her Majesty's Treasury) be limited to any sum less than the average amount of the fees and emoluments of his office during the seven years next before the passing of the said last-mentioned act, such amount to be ascertained by the Commissioners of Her Majesty's Treasury, or to a sum less than the amount which he now receives in pursuance of any arrangement since the abolition of the court of which he was the clerk or registrar.
83. The high bailiffs of the courts shall be paid by salaries to be fixed and regulated from time to time by the Commissioners of Her Majesty's Treasury, with the consent of the Lord Chancellor, and shall, in addition to such salaries, receive for their own use the fees appointed for keeping possession of goods under executions, and such salaries shall include all payments made by the high bailiffs to their under bailiffs, or, with the like consent, the high bailiffs may be paid partly by salaries and partly by allowances for the execution of warrants, and for mileage on the service or execution of any process.
84. The salaries of the registrars and high bailiffs shall be paid out of the produce of the fees payable under the provisions of this act; and whenever the amount of such fees shall not be sufficient to pay such salaries the deficiency shall be made good out
any moneys to be provided by Parliament for that purpose; and the surplus which from time to time shall remain after payment of the said salaries shall be paid over to the credit of the said Consolidated Fund.
85. The expense of building, purchasing, or providing any messuages and lands for the purposes of the county courts, and of repairing, furnishing, cleaning, lighting, and warming the court houses and offices, and of payment of the salaries of the necessary servants for taking charge of such court houses and offices, and of supplying the courts and offices with law and office books and stationery, and
of postage stamps, and the disbursements of the high bailiffs in conveying to prison persons committed by the county courts, and all other expenses incident to the holding of the said courts, shall be paid by the Commissioners of Her Majesty's Treasury out of any moneys to be from time to time provided by Parliament for such purposes.
86. All the provisions of this act applicable to superior courts and judges thereof shall apply to the Court of Common Pleas at Lancaster and Court of Pleas at Durham, and the judges thereof respectively, being judges of one of the common law courts at Westminster, and all the said provisions applicable to masters of superior courts shall apply to the respective prothonotaries of the Court of Common Pleas at Lancaster and Court of Pleas at Durham, and their respective deputies, acting in the execution of the duties of such officers; provided that any writs of certiorari to be issued by the order of such courts or of a judge thereof shall be issued out of the Chanceries of the Counties Palatine of Lancaster and Durham respectively, and shall be made returnable into the said Court of Common Pleas at Lancaster and Court of Pleas at Durham respectively, in the same manner as other writs of certiorari of such counties palatine respectively.
SCHEDULES REFERRED TO IN THE FOREGOING ACT.
Reference to Act.
9 & 10 Vict c. 95.
12 & 13 Vict. c. 101.
13 & 14 Vict. c 61.
15 & 16 Vict. C. 54.
17 & 18 Vict. c. 16.
An Act for the more Easy Recovery of Small Debts and Demands in England.
The whole of the Sects.
37, 52, 92, 107, 121, 122, 123, 126, 127, and 139.* So much of Section 102,
as enacts that "no protection order or certificate granted by any Court of Bankruptcy, or for the relief of Insolvent Debtors, shall be available to discharge any defendant from any commitment" under the order of a judge.
So much of Sect. 142 as applies to the word agent."
An Act to Amend the The whole of Sect. 6.
Act for the more
Easy Recovery of Small Debts and Demands in England, and to Abolish certain Inferior Courts of Record.
An Act to Extend the The whole of Sects. 5, 6,
Act for the more
Easy Recovery of Small Debts and Demands in Eng
land, and to Amend
7, 17, 20, 21, and 23.
* See note, p. 268, ante, for the purport of these sections.
TAKE NOTICE,-That, unless at least six clear days before the [day of appearance to summons] you return to the registrar of this court at [place of office] the notice given below, dated and signed by yourself, or your attorney or your agent, you will not afterwards be allowed to make any defence to the claim which [name, description, and address of plaintiff] makes on you, as per margin, the particulars of which are hereunto annexed; but the Claim plaintiff may, without giving any proof in support of such claim, proceed to judgment and execution. If you return such notice to the registrar within the time specified, you must appear at a county court to be holden at
Fee for plaint
Total amount of debts and costs
the above claim, which will be beard on that day. Dated this day of
noon, to answer
Registrar of the Court.
[To be indorsed on the summons.]
If you pay the debt and costs, as per margin on the other side, into the registrar's office, before the day of hearing, and without returning the notice of intention to defend, you will avoid further costs.
If you do not return the notice of intention to defend, but allow judgment against you by default, you will save half the hearing fee, and the order upon such judgment will be to pay the debt and costs forthwith [or by instalments, to be specified as in plaintiff's written consent].
If you admit a part only of the claim, you must return the notice of intention to defend within the specified time; and you may, by paying into the registrar's office the amount so admitted, together with costs proportionate to the amount you pay in, six clear days before the day of hearing, avoid further costs, unless the plaintiff at the hearing shall prove a claim against you exceeding the sum so paid.
If you intend to rely on a set-off, infancy, coverture, a statute of limitations, or a discharge under a bankrupt or insolvent act, as a defence, you must, in addition to the notice of intention to defend, give to the registrar notice of such special defence six clear days before the day of hearing; and such last-mentioned notice must contain the particulars required by the rules of the court; and you must deliver to the registrar as many copies of such notice as there are plaintiffs, and an additional copy for the use of the court. your defence be a set-off, you must, with the notice thereof, also deliver to the registrar a statement of the particulars thereof. If your defence be a tender, you must pay into court, before or at the hearing, the amount tendered.
If you give such notice of intention to defend within the time specified, you may have the case tried by a jury, on giving notice in writing at the registrar's office, two clear days before the hearing, and on payment of five shillings for the use of such jury.
Summonses for witnesses and the production of documents may be obtained gratis at the office of the registrar of this court.
Hours of attendance at the office of the registrar of this court at [place of office] from ten till four.
This summons must be served personally on the defendant twelve clear days before the day appointed for the hearing.
*Here must be signed the name of defendant, or of his attorney or agent, and in either of the last two cases the words, "attorney for or "agent for," must be added.
In the [title of court issuing summons].
No. [of summons] No. [of judgment or order].
Between A. B., Plaintiff,
C. D., Defendant.
Whereas the plaintiff obtained a judgment (or if no judg ment has been obtained, or if a fresh order has been obtained upon a judgment, an order] against you in the
county court of
day of for the payment of £ debt [or damages], and £ for costs, upon which judgment [or order], and the subsequent process issued thereon, the sum of £ is now due: You are therefore hereby summoned to appear personally in this court at [place where court holden] on the 185 at the hour of noon, to be examined by the court touching your estate and effects, and the circumstances under which you contracted the said debt [or incurred the said damages], and as to the means and expectation you then had, and as to the means you still have, of discharging the said debt [or damages], and as to the disposal you may have made of any property. And take notice, that if you disobey this summons the court may commit you to prison.
on the for the payment of £
Whereas the plaintiff obtained a judgment [or order] against the defendant in the county court of day of 185 " for debt [or damages] and costs, upon which judgment [or order], and the subsequent process issued thereon, the sum of £ was, at the date of the issuing of the summons herein-after mentioned and still is due;
And whereas a summons was, at the instance of the plaintiff, duly issued out of this court, by which the defendant was required to appear at this court on the day of 185 to answer such questions as might be put to him, pursuant to section ninety-eight of the statute 9th and 10th Vict., chapter 95, in relation to such debt [or damages], which summons was proved to this court to have been personally and duly served on the defendant:
And whereas this court, at the hearing of the said summons, ordered that the defendant should be committed to prison for days, for [as the case may be] not appearing pursuant to such summons, or alleging a sufficient excuse for not so appearing;
Or, for refusing to be sworn;
Or, for refusing to answer such questions as aforesaid to the satisfaction of the judge;
Or, for contracting the said debt under false pretences, or by means of fraud, or breach of trust, or without reasonable expectation of being able to pay the same;
Or, for making a gift or transfer of part of his property, with intent to defraud his creditors;
Or, for having charged. or removed, or concealed part of his property with intent to defraud his creditors;
Or, for not having satisfied the said judgment and costs, having had sufficient means and ability so to do:
These are, therefore, to require you, the said high bailiff, bailiffs, and others, to take the defendant, and to deliver him to the governor or keeper of the [prison used by the court], and you, the said governor or keeper, to receive the defendant, and him safely keep in the said prison for days from the arrest under this warrant, or until he shall be sooner discharged by due course of law.
Dated this [insert date of order] day of