chief baron), at Westminster, on the Lord day of in the year of our 12. Writ of Elegit on a Judgment of an Inferior Court in an Action of Assumpsit removed into a Superior Court under 1 & 2 Vict. c. 110, s. 22. Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of 111 greeting: Whereas A. B., lately in [insert the style of the court] by the judgment of the said court, recovered against C. D. the sum of £, which in the said court were adjudged to the said A. B. for his damages which he had sustained, as well on occasion of the not performing of certain promises and undertakings then lately made by the said C. D. to the said A. B., as for his costs and charges by him about his suit in that behalf expended, whereof the said C. D. is convicted, as appears to us of record: And whereas the said judgment was afterwards on the — day of in the year of our Lord removed into our court before us [or in C. P. "before our justices of the bench," or in Exch. "before the barons of our Exchequer"] at Westminster, by virtue of an order of the said court at Westminster [or "of- -, one of the justices (or "barons") of our said court, at Westminster," as the case may be], in pursuance of the statute in that case made and provided, and the costs attendant upon the application for the said order and upon the said removal were afterwards, on the day of, in the year of our Lord taxed and allowed by And afterwards the our said court at Westminster, at the sum of £said A. B. came into our said court before us [or in C. P. " before our said justices," or in Exch. " before the said barons"] at Westminster, and, according to the form of the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments of copyhold or customary tenure in your bailiwick, as the said C. D. or any person in trust for him, was seised or possessed of, on the said day of in the year of our Lord aforesaid (the day on which the costs of removing the judgment were taxed), or any time afterwards, or over which the said C. D., on the said day of (the day on which the costs of removing the judgment were taxed), or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the damages aforesaid and the said costs so taxed and allowed by the said court before us [or in C. P. "before our said justices," or in Exch. before the said barons"] at Westminster as aforesaid, together with interest upon the said two several sums of £- and £-- at the rate of £4 per centum per annum, from the day of aforesaid (the day on which the costs of removing the judgment were taxed) shall have been levied. Therefore we command you, that without delay you cause to be delivered to the said A. B. by a reasonable price and extent, all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough; and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said C. D. or any one in trust for him was seised or possessed of, on the said day of (the day on which the costs of removing the judgment were taxed), or at any time afterwards, or over which the said C. D. on the said day of (the day on which the costs of removing the judgment were taxed), or at any time afterwards, had any disposing power, which he might, without the assent of any other person, exercise for his own benefit, to hold the said goods and chattels of the said A. B. as his proper goods and chattels; and also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, accord ing to the nature and tenure thereof, to him and to his assigns, until the damages aforesaid, and the said costs so taxed and allowed by the said court before us [or in C. P. " before our said justices," or in Exch. "before the said barons"] at Westminster as aforesaid, and interest as aforesaid, shall have been levied. And in what manner you shall have executed this our writ make appear to us [or in C. P. to our said justices," or in Erch. "to the said barons"] at Westminster, immediately after the execution thereof, under your seal, and the seals of those by whose oath you shall make the said extent and appraisement, and have there then this writ. Witness (name of chief justice or chief baron), at Westininster, the day of in the year of our Lord 13. The like, on an Order for Payment of Money. Victoria [&c.], to the sheriff of —, greeting: Whereas lately in [insert the style of the court], by a rule of the said court, entitled &c. [as the case may be], the sum of £- were by the said court ordered to be paid by C. D. to A. B., and whereas the said rule was afterwards, on the day of in the year of our Lord removed into our court before us [or in C. P. "before our justices of the bench," or in Exch. "before the barons of our Exchequer"] at Westminster, by virtue of an order of our said court before us at Westminster [or "of of one of the justices of our said court before us at Westminster," as the case may be, in pursuance of the statute in that case made and provided, and the costs attendant upon the application for the said last-mentioned order, and upon the said removal, were afterwards, on the day -, in the year of our Lord taxed and allowed in our said court before us [or in C. P. "before our said justices," or in Exch. "before the said barons"] at Westminster at the sum of £, and afterwards the said A. B. came into our said court before us [or in C. P. " before our said justices," or in Exch. "before the said barons"] at Westminster, and, according to the form of the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said C. D., or any person in trust for him, was seised or possessed of on the said day of -, in the year of our Lord- · (the day on which the costs of removing the rule were tared), or at any time afterwards, or over which the said C. D. on the said day of (the day on which the costs of removing the rule were taxed), or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof to him and to his assigns, until the said two several sums of £- and £ together with interest on the said two several sums of £- . and £ at the rate of four pounds per centum per annum, from the said day of (the day on which the costs of removing the rule were taxed), shall have been levied. Therefore we command you, that without delay you cause to be delivered to the said A. B. by a reasonable price and extent, all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said C. D., or any one in trust for him, was seised or possessed of on the said — day of (the day on which the costs of removing the rule were taxed), or at any time afterwards, or over which the said C. D. on the day of (the day on which the costs of removing the rule were taxed), or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold the said goods and chattels to the said A. B. as his proper goods and chattels, and also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said two several sums of £and £- together with interest as aforesaid, shall have been levied, and in what manner you shall have executed this our writ make appear to us [or in C. P. "to our said justices," or in Exch. "to the said barons"] at Westminster, immediately after the execution thereof, under your seal and the seals of those by whose oath you shall make the said extent and appraisement, and have you there then this writ. Witness (name of chief justice or chief baron), at Westminster, the the year of our Lord day of in 14. The like, on an Order for Payment of Money and Costs. 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: Whereas lately in [insert the style of the court], by a rule of the said court, entitled, &c. [as the case may be], the sum of £, was by the said court ordered to be paid by C. D. to A. B., together with the costs of the said rule, which said costs were afterwards, on the day of in the year of our Lord taxed and allowed by the said court at the sum of £——: And whereas the said rule was afterwards, on the day of in the year of our Lord —, removed into our court before us [or in C. P. "before our justices of the bench," or in Exch. "before the barons of our Exchequer"] at Westminster, by virtue of an order of our said court at Westminster [or "of, one of the justices (or "barons") of our said court at Westminster," as the case may be], in pursuance of the statute in that case made and provided, and the costs and charges attendant upon the application for the said last-mentioned order, and upon the said removal, were afterwards on the ——— day of in the year of our Lord, taxed and allowed in our said court before us [or in C. P. "before our said justices," or in Erch. "before the said barons"] at the sum of —, and afterwards the said A. B. came into our said court before us [or in C. P. " before our said justices," or in Erch. "before the said barons"] at Westminster, and, according to the form of the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said C. D., or any person in trust for him, was seised or possessed of on the said [the day on which the costs of removing the rule were taxed], or at any time afterwards, or over which the said C. D. on the said · [the day on which the costs of removing the day of and £ day of rule were taxed], or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said three several sums of Land £- and £- together with interest upon the said three several sums of £- and £ at the rate of £4 per centum per annum, from the said day of [the day on which the costs of removing the rule were taxed], shall have been levied. Therefore we command you that without delay you cause to be delivered to the said A. B. by a reasonable price and extent, all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said C. D. or any person in trust for him was seised or possessed of, on the said [the day on which the costs of removing the rule were taxed], or at any time afterwards, er over which the said C. D. on the said [the day on which the costs of removing the rule were taxed], or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold the said goods and chattels to the said A. B. as his proper goods and chattels, and also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said three several sums of £-- and £-and £, together with interest as aforesaid, shall have been levied; and in what manner you shall have executed this our writ make appear to us [or in C. P. "to our said justices," or in Exch." to the said barons"] at Westminster immediately after the execution thereof, under your seal and the seals of those by whose oath you shall make the said extent and appraisement, and have you there then this writ. Witness of chief justice or chief baron), at Westminster, the the year of our Lord day of day of (name 15. Ca. sa. on Rule or Order of Inferior Court of Record, removed under 1 & 2 Vict. c. 110, s. 22. in [This may readily be framed from the preceding forms and those ante, 190 to 200.] CHAPTER V. CLAIM OF CONUSANCE. [See 2 Chit. Ar. Pr. 954. See the form, 12 East, 15.] CHAPTER VI. CHANGING THE VENUE. 1. Affidavit for Rule or Order to change the Venue. In the Q. B. [or "C. P." or " Exch. of Pleas."] A. B. agt. C. D. C. D. of [tailor,] the above-named defendant, maketh oath and saith, that the plaintiff's cause of action (if any) arose in the county of (the county to which the venue is sought to be changed), and not in the county of (the venue laid in the declaration), or elsewhere out of the county of Sworn [&c. as ante, 207.] [See 2 Chit. Ar. Pr. 956.] C. D. A. B. agt. 2. Rule thereon in Term Time. On the day of A.D. Upon reading the affidavit of C. D. and the declaration in this cause, it is ordered that the venue in this action be laid C. D. in the county of -; but it is further ordered that the plaintiff be at liberty to discharge this rule, upon producing counsel's [or "serjeant's"] hand to one of the masters of this court, and undertaking at the trial of this cause to give material evidence of some matter in issue arising in the county of where the cause of action was first laid. Upon the motion of Mr. B. [See 2 Chit. Ar. Pr. 956.] 3. Judge's Order thereon, in Vacation. Upon reading the affidavit of C. D. and the declaration in this cause, I order that the venue in this action be laid in the county D. Jof V. Dated this day of 1840. [* If the venue be changeable only under special circumstances, there must be a summons. See 2 Chit. Ar. Pr. 956.] 4. Rule to retain the Venue, upon the usual Undertaking in Q. B. A. B. ats. On Upon reading the rule [or "order"] made in this cause on the day of A.D. 1840, and upon the plaintiff hereby C. D. undertaking at the trial of this cause to give material evidence |