50. Inquisition and Return to Inquiry on Judgment of Non-pros, on 17 Car. 2, c. 7, s. 2, for want of a Declaration.

(to wit.) An inquisition indented taken at the house of called or known by the name or sign of in the said county of on the day of in the year of the reign of our sovereign lady Victoria, before S. S. sheriff of the county aforesaid, by virtue of a writ of our said lady the queen to the said sheriff directed, and to this inquisition annexed, to inquire of certain matters in the said writ specified, by the oath of J. K. B. &c. honest and lawful men of the said county; who upon their oath say, that the sum of £ of the yearly rent in the said writ mentioned, was in arrear and unpaid from the said A. B. to the said C. D. at the time of taking and distraining the [cattle,] goods, and chattels in the said writ also mentioned; and that the said [cattle,] goods, and chattels were then worth, according to the true value, the sum of £. In witness whereof, as well I the said sheriff, as the said jurors, have set our seals to this inquisition, the day and year and at the place above written. [By the same sheriff] (Make the following indorsement on the writ:) The execution of this writ appears in the inquisition hereunto annexed.

The answer of S. S. sheriff.

[See 2 Chit. Ar. Pr. 800.]

51. Entry of Inquisition and final Judgment thereon.

[Proceed as in the form, ante, 429, No. 47, to the end, and then thus:] At which day comes here the said C. D. by his attorney aforesaid: and the sheriff of to wit, S. S., now here returns a certain inquisition indented, taken before him at in the said county, on &c. (day of inquisition,) by the oath of twelve good and lawful men of his county, whereby it appears that the sum of £— of the said yearly rent was in arrear and unpaid, and due and owing from the said A. B. to the said C. D. at the time in the said avowry [or "cognizance"] mentioned, and of the distress taken, and that the [cattle,] goods, and chattels distrained were worth, according to the true value thereof, the sum of £. Therefore it is considered that the said C. D. do recover against the said A. B. the said sum of £, being the arrearages of the said rent by the said inquisition in form aforesaid found, and also £ by the court here adjudged to the said C. D. and at his request, for his costs and charges by him laid out about his defence in this behalf, according to the form of the statute in such case made and provided; which said arrearages, costs, and charges in the whole amount to £- ; and that the said C. D. have execution thereof &c.

[See 2 Chit. Ar. Pr. 800.]

52. The like, where the Goods are found to be of less value than the Rent.

[Proceed as in the last form to the statement of the inquisition inclusive, and then thus:] Therefore it is considered that the said C. D. do recover against the said A. B. the said £, parcel of the rent aforesaid, by the said inquisition in form aforesaid found, and also £ by the court here adjudged to the said C. D. and at his request, for his costs and charges by him laid out about his defence in this behalf, according to the

form of the statute in such case made and provided; which said value, costs, and charges, in the whole amount to £- ; and that the said C. D. have execution thereof &c.

:

53. Fi. fa, on Judgment for Defendant, on 17 Car. 2, c. 7. Victoria, [&c. ante, 415, No. 1,] to the sheriff of greeting: We command you, that of the goods and chattels of A. B. in your bailiwick, you cause to be made £- which C. D. lately in our court before us Lor in C. P. " before our justices at Westminster," or in Exch." before the barons of our Exchequer at Westminster"] recovered against him, for certain arrearages of rent, according to the form of the statute in such case made and provided; and also £- which in our same court were adjudged to the said C. D. for his costs and charges by him laid out about his defence in a certain action of replevin, lately commenced and depending in the same court, at the suit of the said A. B. against the said C. D.; whereof the said A. B. is convicted, as appears to us of record, [in C. P. omit the words" as appears to us of record," or in Exch. say "as by inspecting the rolls of our said Exchequer appears to us,"] together with interest on the said several sums of Lat the rate of £4

and £

A. D.

per centum per annum, from the day of on which day the judgment aforesaid was entered up [or if entered up before the 1st October, 1838, say "from the 1st day of October, A. D. 1838," and omit the words " on which day the judgment aforesaid was entered up"]. And have the said monies, together with such interest as aforesaid, before us on (a), wheresoever we shall then be in England, [or in C. P. " before our said justices at Westminster, on or in Exch. "before the said barons at Westminster, on ——, -"](a) to be rendered to the said C. D. for the arrearages of rent, costs and charges and interest aforesaid: 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 [or in C. P. "to our justices," or in Exch, "to the said barons"] at Westminster, immediately after the execution thereof; and have there this writ. Witness (name of chief justice), at Westminster, the.

day of

in the year of our Lord

[See 2 Chit. Ar. Pr. 800.]

to us

54. The like, for the value of Goods distrained, &c. Victoria, [&c. ante, 415, No. 1,] to the sheriff of — greeting: We command you, that of the goods and chattels of A. B. in your bailiwick, you cause to be made £- which C. D. lately in our court before us [or in C. P. " before our justices at Westminster," or in Exch. " before the barons of our Exchequer at Westminster"] recovered against him, for the value of certain [cattle,] goods, and chattels, distrained by the said C. D. for certain arrearages of rent, according to the form of the statute in such case made and provided, and also £- which in our same court

[&c. conclude as in last form from the asterisk*.]

55. Ca. sa. thereon,

[Proceed as in the usual form, ante, 202, to the words]—were awarded to the said C. D. as well certain arrearages of rent due to him from the

(a) See ante, 427, n.

U

said A. B., according to the form of the statute in such case made and provided, as for his costs and charges by him [&c. conclude as in form, ante, 202, No. 4, calling the action "an action of replevin."]

[See 2 Chit. Ar. Pr. 800.]

56. Declaration in Replevin.

In the Q. B. [or "C. P." or " Exch. of Pleas."]

On the day of

—, as yet of

(to wit.) A. B. was summoned to answer C. D. of a plea wherefore he took the [cattle,] goods, and chattels [or "the growing corn"] of the said C. D. and unjustly detained the same against gages and pledges, until &c.; and thereupon the said A. B. by P. A. his attorney complains, for that the defendant on the in the year of our Lord in a certain dwelling

1840, at the parish of

"common there called

day of

in the county of

house there or if on land" in a certain close there called -," or Or place there called —,"] took the (enumerate the goods

cattle [or "the goods and chattels"], to witwith sufficient particularity), of the plaintiff, of the value, to wit, of £and unjustly detained the same against sureties and pledges, until &c. Wherefore the plaintiff says that he is injured and hath sustained damages to the amount of £, and therefore he brings his suit &c. [See 2 Chit. Ar. Pr. 801.]

57. The form of Memorandum for a Rule to avow, is the same as ante, 38, Nos. 3, 4; and of Demand of Avowry, ante, 38. [See 2 Chit. Ar. Pr. 801.]

58. Judgment for Plaintiff, by Nil dicit, in Q. B.

As yet of term, (term of which interlocutory judgment signed,) in the year of the reign of Victoria. Witness · (name of chief justice(a)).

(to wit.) C. D. was summoned to answer A. B. of a plea wherefore [&c. copy the declaration to the end, and proceed on a new line as follows:]

And on (day of signing interlocutory judgment) the defendant, by D. A. his attorney, comes and says nothing in bar or preclusion of the said action of the plaintiff, whereby the plaintiff remains therein undefended against the defendant; wherefore the plaintiff ought to recover against the defendant his damages on occasion of the taking and unjustly detaining of the [cattle,] goods, and chattels aforesaid and because it is unknown to the court of our said lady the queen now here, what damages

the plaintiff hath sustained by means of the premises, the sheriff is commanded, that by the oath of twelve good and lawful men of his bailiwick, he diligently inquire what damages the plaintiff hath sustained as well on occasion of the premises as for his costs and charges by him about his suit in this behalf expended; and that he send the inquisition which he shall thereupon take to our said lady the queen at Westminster on -, under his seal and the seals of those by whose oath he shall take the said inquisition, together with the writ of our said lady the queen to him thereupon directed. The same day is given to the plaintiff here, &c. [See continuation of the form of entry of the inquisition and final judgment, post, 436.] [See 2 Chit. Ar. Pr. 801.]

59. The like, in C. P. or Exchequer.

[Proceed as in the last form, to the asterisk, and then thus:] But because it is unknown to the justices [or in Exch. "to the barons"] here what damages the plaintiff hath sustained on occasion thereof, the sheriff is commanded, that by the oath of twelve good and lawful men of his county, he diligently inquire what damages the plaintiff hath sustained, as well on occasion of the premises as for his costs and charges by him about his suit in this behalf expended; and that the inquisition which he shall thereupon take he make appear to the justices [or in Exch. "the barons"] here on - under his seal and the seals of those by whose oath he shall take the said inquisition, together with the writ of our said lady the queen to him thereupon directed. The same day is given to the plaintiff here &c. [S [See continuation of form of entry of inquisition and final judgment thereon, post, 436.]

60. Writ of Inquiry for Damages for Plaintiff in Judgment by Nil dicit, in Q. B,

Victoria, [&c. ante, 415, No. 1,] to the sheriff of -, greeting: Whereas C. D. was summoned to be in our court before us [or in C. P. "before our justices," or in Erch. " before the barons of our Exchequer"] at Westminster, to answer A. B. of a plea wherefore the said C. D. on &c. Las in declaration], at the parish of· in your county, in a dwellinghouse there and place there called took the [cattle], goods and chattels of the said A. B., to wit [&c. set out the goods as in the declaration], and unjustly detained them against sureties and pledges, until &c., wherefore the said A. B. said that he was injured and had sustained damage to the value of £, and therefore he brought his suit &c. And such proceedings were thereupon had in our said court at Westminster aforesaid, that the said A. B. ought to recover against the said C. D. his damages on occasion of the taking and unjustly detaining of the [cattle,] goods and chattels aforesaid: But because it is unknown to our said court what damages the said A. B. hath sustained by means of the premises aforesaid, therefore we command you, that by the oath of twelve good and lawful men of your bailiwick, you diligently inquire what damages the said A. B. hath sustained as well by means of the premises aforesaid as for his costs and charges by him about his suit in this behalf expended and that you send to us at Westminster, on the day of

the inquisition which you shall thereupon take under your seal and the seals of those by whose oath you shall take that inquisition, together with this writ*. Witness — (name of chief justice), at Westminster, the day of, in the year of our Lord

61. The like, in C. P. or Exchequer.

[Same as the form, ante, 435, No. 60, but instead of the sentence between the asterisks , say]-And the inquisition which you shall thereupon take make appear to our justices [or in Exch. " to the said barons"] at Westminster, on, under your seal and the seals of those by whose oath you shall take the said inquisition, and have there the names of those by whose oath you shall take the said inquisition, and this writ. Witness (name of chief justice or chief baron), at Westminster, the ———— day in the year of our Lord

of

62. Notice of Inquiry thereon. Inquisition and Return. [Same as in ordinary cases in trespass. See the forms, ante, 338, 339, 340.1

63. Entry of final Judgment and Inquisition on Judgment for Plaintiff, by Nil dicit, in Q. B.

[Proceed as in the form, ante, 434, No. 58, to the end, and then thus:] At which day, before our said lady the queen at Westminster, comes the plaintiff by his attorney, and the sheriff, to wit, S. S. sheriff of the said county, now here returns a certain inquisition indented, taken before him at in the county aforesaid, on (day of returning inquisition), by the oath of twelve good and lawful men of his bailiwick, by which it is found that the plaintiff hath sustained damages by means of the premises to fover and above his costs and charges by him about his suit in this behalf expended, and for those costs and charges to shillings. Therefore it is considered that the plaintiff do recover against the defendant his damages aforesaid by the said inquisition above found, and also for his said costs and charges, by the court here adjudged of increase to the plaintiff, and with his assent; which said damages, costs, and charges in the whole amount to £; and the defendant in mercy &c. [Add the usual marginal notes, as directed at the end of the form, ante, 102.]

64. The like, in C. P.

[Proceed as in the form ante, 435, No. 59, to the end, and then thus:] At which day cometh here the plaintiff by his said attorney, and the sheriff, to wit, S. S. esq., sheriff, now here returns [&c. conclude as in the preceding form.]

65. Fieri facias, for Plaintiff.

Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of, greeting: We command you, that of the goods and chattels of C. D. in your bailiwick you cause to be made £, which A. B. lately in our court before us [or in C. P. "before our justices," or in Exch. "before the barons of our Exchequer"] at Westminster recovered against him, for his damages which he had sustained, as well on occasion of the taking and unjustly detaining of the [cattle,] goods and chattels of the said A. B. as for his costs and charges by him about his suit in that behalf expended [or in C. P. "for his damages" &c. omitting the costs], whereof the said C. D. is convicted*, as appears to us of record [or in C. P. omit the words “ as.