here to prosecute for the said A. B., who is an infant day of 1834. FORMS OF IS SUES, &c. No. 2. [The placita are to be omitted.-Copy the issue to the Form of Nisi end of the award of the venire, and proceed as follows:] Afterwards, on the [teste of distringas or habeas corpora] day of in the year day of, unless the jury between the parties aforesaid is respited here until the [return day of distringas or habeas corpora] shall first come on the [first day of Sittings, or commission day of Assizes] — day of day of, at, according to the form of the statute in such case made and provided, for default of the jurors, because none of them did appear. Therefore let the sheriff have the bodies of the said jurors accordingly. [The postea is to be in the usual form.] Prius record in the King's Bench, Common Pleas, or Ex chequer. No. 3. ment for the plaintiff in as [Copy the issue to the end of the award of the venire, and Form of judgproceed as follows:] Afterwards, the jury between the parties is respited sumpsit. until the [return of distringas or habeas corpora] 1834. FORMS OF IS- No. 4. Form of the issue when it is directed to be tried by the sheriff. Sittings or Nisi Prius] shall first come on the [day of day of at according to the form of the statute in that case made and provided, for default of the jurors, because none of them did appear. Afterwards, on the [day of signing final judgment] day of, came the parties aforesaid, by their respective attornies aforesaid [or as the case may be]; and — before whom the said issue was tried, hath sent hither his record had before him, in these words: [Copy postea.] Therefore, it is considered that the said A. B. do recover against the said C. D. his said damages, costs, and charges, by the jurors aforesaid in form aforesaid assessed; and also - -7. for his costs and charges by the Court here adjudged of increase to the said A. B., with his assent; which said damages, costs, and charges in the whole amount to -l.: and the said C. D. in mercy &c. in the year [After the joinder of issue, proceed as follows:] And forasmuch as the sum sought to be recovered in this suit, and indorsed on the said writ of summons, does not exceed 201., hereupon, on the [teste of writ of trial] day of -, pursuant to the statute in that case made and provided, the sheriff [or, the Judge (a) of, being a Court of record for the recovery of debt in the said county, as the case may be,] is commanded that he summon twelve &c., who neither &c., who shall be sworn truly to try the issue above joined between the parties aforesaid, and that he proceed to try such issue accordingly; and, when the same shall have been tried, that he make known to the Court here what shall have been done by virtue of the writ of our lord the king to him in that behalf directed, with the finding of the jury thereon indorsed, on the day of &c. (a) See Clark v. Marner, post, p. 171. William the Fourth, by &c., to the sheriff of our county 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]. day of 1834. FORMS OF IS- Form of writ of Whereas A. B., in our Court before us at Westminster trial. [or, in our Court before our Justices at Westminster, or, in our Court before the Barons of our Exchequer at Westminster, as the case may be], on the [date of first writ of summons] - day of last, impleaded C. D. in an action on promises [or as the case may be]: For that whereas one, &c. [here recite the declaration as in a writ of inquiry]; and thereupon he brought suit: And whereas the defendant, on the last, by, his attorney [or as the case may be], came into our said Court and said [here recite the pleas and pleadings to the joinder of issue]; and the plaintiff did the like: And whereas the sum sought to be recovered in the said action, and indorsed on the writ of summons therein, does not exceed 207.; and it is fitting that the issue above joined should be tried before you the said sheriff of [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 joined between the parties aforesaid, and that you proceed to try such issue accordingly; and, when the same shall have been tried in manner aforesaid, we command you that you make known to us at Westminster [or, to our Justices at Westminster, or, to the Barons of our said Exchequer, as the case may be,] what shall have been done by virtue of this writ, with the finding of the jury hereon indorsed, on the day of next. 1834. FORMS OF Is- No. 6 Afterwards, on the [day of trial] day of in the year, before me, sheriff of the county of [or, Judge of the Court of ], came as well the withinForm of indorse- named plaintiff as the within-named defendant, by their ment thereon of respective attornies 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 said issue within mentioned, on their oath said that &c. the verdict. No. 7. Form of indorse ment thereon, in case a non suit takes place. No. 8. Form of judgment for the plaintiff after trial by the sheriff. [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 said A. B., being solemnly called, came not, nor did he further prosecute his said suit against the said C. D. day [Copy the issue, and then proceed as follows:] Afterwards, on the [day of signing judgment] of, in the year, came the parties aforesaid, by their respective attornies aforesaid [or as the case may be], and the said sheriff [or, Judge, as the case may be] before whom the said issue 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, &c., [in the same form as before]. 149 In the Common Pleas. HILARY TERM, 4 WILL. IV. KING and KING v. SHRives. THE following case was sent by his Honor, the ViceChancellor, for the opinion of the Judges of this Court: William King being seised of a certain freehold farm and estate in Bedfordshire, occupied by himself, by his last will and testament, bearing date the 15th January, 1823, and signed and attested as by law is required to pass freehold estates, gave and bequeathed to his brothers, James King and John King, all his goods, chattels, estate, and effects, of what nature, sort, kind, quantity, or quality soever and wheresoever (not thereby otherwise disposed of), upon trust to and for the uses, intents, and purposes thereinafter mentioned; viz. first, that all his just debts, funeral expenses, &c., &c., should be fully paid and discharged, and that whatsoever remained after such discharge, of his personal effects, should be appropriated to the use, interest, and benefit of his family then residing with him, that is to say, his wife Helena, and eight sons 1834. w. K. being seised of a free hold farm and estate in his own occupation, by his will gave and his two brothers bequeathed to chattels, estate, and effects, of quality soever, all his goods, what nature or and wheresoever (not thereby otherwise dis posed of), upon trust, first, that all the testator's debts should be paid and satis fied, and that whatsoever re mained after such discharge, of his personal effects, should be appropriated to the use of his family; second ly, that testator's family should be placed in the farm until his youngest son should attain the age of twenty-one; and lastly, that, on his attaining that age, the estate should be sold, and the produce divided among the testator's family; and he appointed his brothers his executors. The testator being seised of a freehold estate, independently of the farm he occupied, and his personal effects being insufficient to satisfy his debts:-Held, that his executors were entitled to sell such freehold estate for the payment of his debts. |
