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1853.

REG. Gen.

of our

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of Great Britain and Ireland, Queen, Defender of the Faith, to the Sheriff of

(or “to the judge of , being a court of record for the recovery of debt in our county of

," as the case may be], greeting: Whereas A.B. in our court of Queen's Bench [orCommon Pleas,or “Exchequer of Pleas," as the case may be,] at Westminster, on the

(date of first writ of summons) day of

in the

year Lord

impleaded C. D. in an action for [&c., here recite the declaration in the past tense), and the plaintiff claimed £ : And whereas the defendant

(date of plea) day of last, by his attorney [ or as the case may be], came into our said Court, and said [&c., here recite the pleas and pleadings, to the joinder of issue ] : And whereas the sum sought to be recovered in the said action, and indorsed on the writ of summons therein, does not exceed 201.; and it is fitting that the issue (or “ issues”] joined as aforesaid should be tried before you the said sheriff [or "judge,as the case may be] : We therefore, pursuant to the statute in such case made and provided, command you that you do summon twelve free and lawful men of your county, duly qualified according to law, who are in nowise akin to the plaintiff or to the defendant, who shall be sworn truly to try the said issue [or“ issues”] joined between the parties aforesaid; and that you proceed to try such issue (or “issues”) accordingly; and, when the same shall have been tried in manner aforesaid, we command you that you make known to us [or, in the Common Pleas, " to our justices,” or, in the Exchequer, “ to the Barons of our said Exchequer,as the case may be,] at Westminster, what shall have been done by virtue of this writ, with the finding of the jury hereon indorsed, on the day of

next. Witness [name of the Chief Justice, or of the Chief Baron, if the action is in the Exchequer], at Westminster, the day of

in the year of our Lord

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1853.

REG. Gen.

Indorsement of verdict thereon.

day of

9.-Form of Indorsement on the Writ of Trial, of the

Verdict.
Afterwards, on the

in the year of our Lord

[day of trial], before me, sheriff of the county of (or "judge of the court of "], came as well the within-named plaintiff as the within-named defendant, by their respective attorneys within named [or as the case may be], and the jurors of the jury by me duly summoned, as within commanded, also came, and, being duly sworn to try the issue [or“ issues ”] within mentioned, on their oath, said, that [&c. here state the finding of the jury, as in a postea on a trial at Nisi Prius].

The answer of S. S., sheriff.

In case of nonsuit.

10.-The like, in Case a Nonsuit takes place. [Proceed as in the above form, but after the words duly sworn to try the issue within mentioned,” proceed as follows : ] and were ready to give their verdict in that behalf; but the plaintiff, being solemnly called, came not, nor did he further prosecute his said suit against the defendant.

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11.- Form of Judgment for the Plaintiff, after Trial

before the Sheriff. Judgment for [Copy the issue, and then proceed as follows :] Afterplaintiff after trial before the wards, on the

day of

in the year of sheriff. our Lord

[day of signing final judgment], come the parties aforesaid, by their respective attorneys aforesaid [as the case may be], and the said sheriff [or "judge," as the case may be,] before whom the said issue [or “ issues”] came on to be tried, hath sent hither the said last-mentioned writ, with an indorsement thereon, which said indorsement is in these words: to wit [copy the indorsement]. Therefore it is considered,

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No. 1. Writ of fi. fa. on a judg

ment for plaintiff, 50. 2. Writ of fl. fa. on a judg.

ment for defendant, 51. 3. Writ of fifa. on a rule

for payment of money, 52. 4. Writ of fi. fa. on a rule for

payment of money and

costs, 53. 5. Writ of fi. fa. on a rule for

payment of costs only,

54. 6. Writ of fi. fa. on a judg

ment of an inferior court, removed into one of the superior courts,

55. 7. Writ of fi. fa. on a rule

or order for payment of money, made in an inferior court, and removed into one of the superior

courts, 57. 8. Writ of fi. fa. on a rule

or order for payment of money and costs, made in an inferior court, and removed into one of the

superior courts, 58. 9. Writ of elegit on a judg.

ment for plaintiff, 60. 10. Writ of elegit on a rule

for payment of money,

62. 11. Writ of elegit on a rule

for payment of money

and costs, 64. 12. Writ of elegit on a judg.

mentof an inferior court, removed into one of the

superior courts, 66. VOL. XIII.-B. c.

13. Writ of elegit on a rule

or order for payment of money, made in an inferior court, and removed into one of the superior

courts, 68. 14. Writ of elegit on a rule or

order for payment of money and costs made in an inferior court, and removed into one of the

superior courts, 70. 15. Writ of capias ad satis

faciendum on a judgment

for plaintiff, 73. 16. Writ of capias ad satis

faciendum on a judgment

for defendant, 74. 17. Writ of capias ad satis

faciendum on a rule for

payment of money, 74. 18. Writ of capias ad satis

faciendum on a rule for payment of money and

costs, 75. 19. Writ of capias ad satis

faciendum on a rule for payment of costs only,

76. 20. Writ of capias ad satis

faciendum on a judgment in an inferior court, removed into one of the

superior courts, 77. 21. Writ of capias ad satis

faciendum on a rule or order of an inferior court, for payment of money, removed into one of the superior courts, 78.

E

1853.

REG. Gen.

22. Writ of capias ad satisfa

ciendum on a rule or order
of an inferior court for
payment of money and
costs, removed into one of

the superior courts, 80.
23. Writ of habere facias in

ejectment, upon a judg

ment by default, 81.
24. Writ of habere facias, and

fieri facias for costs, upon a judgment for plaintiff in ejectment, where the defendant has appeared,

82. 25. Writ of fieri facias for

costs, on a judgment for plaintiff in ejectment, where the defendant has appeared, 83.

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No. 1.-Writ of Fieri Facias on a Judgment for

Plaintiff Fi, fa. on judg Victoria, by the Grace of God of the United Kingment for plain. dom of Great Britain and Ireland Queen, Defender of tiff, the Faith; to the Sheriff of

greeting. We command you, that [If sued out of the Court of Exchequer, scyWe command you, that you omit not by reason of any liberty of your county, but that you enter the same, and”] of the goods and chattels of C. D. in your bailiwick you cause to be made £ [the amount of all the moneys recovered by the judgment] which A. B. lately in our court of Queen's Bench [or “Common Pleas," or "Exchequer of Pleas," as the case may be] recovered against him, whereof the said C. D. is convicted, together with interest upon the said sum, at the rate of four pounds per centum per annum from the

in the year of our Lord (a), on which day the judgment aforesaid was entered up, and have that money, with such interest as aforesaid, before Us [or, in the Common Pleas, before us Justices," or, in the Exchequer, “before the Barons of our Exchequer,” as the case may be] at Westminster imme

day of

(a) The day on which the of our Lord 1838,” omitting judgment was entered up, or, if the words « on which day the entered up prior to the 1st of judgment aforesaid was October, 1838, say, “from the

tered up.". 1st day of October in the year

en

1853.

REG. GEN.

diately after the execution hereof, to be rendered to the said A. B.; and that you do all such things as by the statute passed in the second year of Our reign you are authorized and required to do in this behalf. And in what manner you shall have executed this Our writ make appear to Us [or, in the Common Pleas, “to our Justices," or, in the Exchequer, " to the Barons of our Exchequer,” as the case may be] at Westminster immediately after the execution hereof, and have you there then this writ. Witness at Westminster, the day of

in the year of our Lord

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No. 2.-Writ of Fieri Facias on a Judgment for

Defendant. VICTORIA, by the Grace of God of the United King-Fi. fa, on judgdom of Great Britain and Ireland Queen, Defender of

ment for de

fendant. the Faith; to the Sheriff of

greeting. We command you, that you cause to be made [If sued out of the court of Exchequer, “that you omit not by reason of any liberty of your county, but that you enter the same, and cause to be made”] of the goods and chattels in your bailiwick of A. B. £

which lately in Our court of Queen's Bench (or “ Common Pleas,” or “Exchequer of Pleas," as the case may be] were awarded to C. D., for his costs of defence in an action lately prosecuted in Our said court by the said A. B. against the said C. D., whereof the said A. B. is convicted, together with interest on the said sum at the rate of four pounds per centum per annum from the day of

in the year of our Lord (a), on which day the judgment aforesaid was entered up, and have you that money before Us [or, in the Common

(a) The day on which the 1st day of October, in the year judgment was entered up, or, if of our Lord 1838,” omitting the entered up prior to the 1st of words “on which day the judgOctober, 1838, say, “from the ment aforesaid was entered up."

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