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FORMS OF 18
here to prosecute for the said A. B., who is an infant within the age of twenty-one years, as the next friend of the said A. B., as the case may be], complains of C. D., who has been summoned to answer the said A. B. [or, arrested or detained in custody by virtue, or, served with a copy, as the case may be, of a writ issued on (date of first writ) the day of —, in the year of our lord 18--, out of the Court of our lord the king before the king himself at Westminster, or, out of the Court of our lord the king before his Justices at Westminster, or, out of the Court of our lord the king before the Barons of his Exchequer at Westminster, as the case may be]; For that [Copy the declaration from these words to the end, and the plea and subsequent pleadings to the joinder of issue.]
Thereupon the sheriff is commanded that he cause to come here on the
twelve &c., by whom &c., and who neither &c., to recognise &c., because as well &c.
[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:]
Prius record in
the King's Afterwards, on the [teste of distringas or habeas corpora] Bench, Common
Pleas, or Exday of —, in the year, the jury between the chequer. parties aforesaid is respited here until the [return day of distringas or habeas corpora) day of —, unless 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.]
ment for the
[Copy the issue to the end of the award of the venire, and form of judgproceed as follows:]
plaintiff in asAfterwards, the jury between the parties is respited sumpsit. until the (return of distringas or habeas corpora]
FORMs of Is
unless shall first come on the [day of Sittings or Nisi Prius] — 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 l. 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 -1.: and the said C. D. in mercy &c.
No. 4. Form of the issue when it is directed to be tried by the sheriff.
[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 —, in the year — 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
(a) See Clark v. Marner, post, p. 171.
FORMS OF Is
No. 5. Form of writ of
William the Fourth, by &c., to the sheriff of our county 1834.
of — [or, to the Judge of —, being a Court of
as the case may be).
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 - day of 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 201. ; 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
next. Witness — at Westminster, the
in the year of our reign.
1834. Afterwards, on the day of trial] — day of - in
year — before me, sheriff of the county of Forms OF IS
[or, Judge of the Court of —), came as well the withinNo. 6 Form of indorse- named plaintiff as the within-named defendant, by their nient thereon of respective attornies within named (or as the case may the verdict.
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.
No. 7. Form of indorse- [After the words " duly sworn to try the issue within ment thereon, mentioned,” proceed as follows:] in case a nonsuit takes place. 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.
No. 8. Form of judgment for the plaintiff after trial by the sheriff.
in the year
[Copy the issue, and then proceed as follows:]
Afterwards, on the [day of signing judgment] — day of
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].
In the Common Pleas.
HILARY TERM, 4 WILL. IV.
King and KING'v. Shrives.
1834. The following case was sent by his Honor, the Vice- W. K. being Chancellor, for the opinion of the Judges of this Court:- seised of a free
hold farm and William King being seised of a certain freehold farm estate in his own
occupation, by and estate in Bedfordshire, occupied by himself, by his his will gave and last will and testament, bearing date the 15th January, his two brothers 1823, and signed and attested as by law is required to pass chattels, estate, freehold estates, gave and bequeathed to his brothers, and effects, of
what nature or James King and John King, all his goods, chattels, estate, quality soever, and effects, of what nature, sort, kind, quantity, or
(not thereby quality soever and wheresoever (not thereby otherwise otherwise disdisposed of), upon trust to and for the uses, intents, and trust, first, that purposes thereinafter mentioned; viz. first, that all his all the testator's just debts, funeral expenses, &c., &c., should be fully paid paid and satis
fied, and that and discharged, and that whatsoever remained after such whatsoever redischarge, of his personal effects, should be appropriated such discharge,
mained after to the use, interest, and benefit of his family then residing of his personal
effects, should be with him, that is to say, his wife Helena, and eight sons appropriated to
family; secondly, 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.
the use of his