said day of [the day on which the decree or order was made], or at any time afterwards, or over which the said C. D. on the said day of [the day on which the decree or order was made], 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 aforesaid, shall have been levied. And in what manner you shall have executed this our writ, make appear to us in our Court of Chancery aforesaid, 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, &c. 16. Writ of Elegit on a Decree or Order of the Court of Chancery, for Payment of Money, Interest, and Costs. VICTORIA, &c., (as in Form 1.) To the Sheriff of greeting: Whereas, lately in our High Court of Chancery, in a certain cause or certain causes (as the case may be) there depending, wherein A. B. and others are plaintiffs, and C. D. and others are defendants, or in a certain matter there depending, intituled, "In the matter of E. F." (as the case may be) by a decree or order (as the case may be) of our said court, made in the said cause or matter (as the case may be) and bearing date the day of it was ordered and decreed, or ordered (as the case may be) that C. D. should pay unto A. B. the sum of £ together with interest thereon, after the rate of £4 per centum per annum, from the together also with certain costs, as in the said decree or order (as the case may be) day of mentioned, and which costs have been taxed and allowed by G. H. esquire, one of the Masters of our said court, at the sum of £ as appears by the certificate of the said Master dated the day of And afterwards the said A. B. came into our said Court of Chancery, and according to 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 one in trust for him was seised or possessed of on the day of in the year of our Lord [the day on which the decree or order was made] or at any time afterwards, or over which the said C. D. on the said day of , [the day mentioned in the decree or order] 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, upon the said sum of £ at the rate of £4 per centum per annum, from the said [the date of the Master's certificate of taxation] and on the said sum of £ day of day of at the rate aforesaid from the [the day mentioned in the decree or order] 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 and tenements, rectories, tithes, rents and hereditaments, including lands and hereditaments of copyhold or cus tomary tenure in your bailiwick, as the said C. D. or any person or persons in trust for him, was or were seised or possessed of on the said day of day of [the day mentioned in the decree or order], or at any time afterwards, or over which the said C. D. on the said [the day mentioned in the decree or order], 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 in our Court of Chancery aforesaid, 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, &c. 17. Writ of Venditioni Exponas. VICTORIA, &c., (as in Form 1.) To the Sheriff of day of greeting: Whereas by our writ we lately commanded you that of the goods and chattels of C. D. [here recite the fieri facias to the end.] And on the , you returned to us in our Court of Chancery aforesaid that by virtue of the said writ to you directed, you had taken goods and chattels of the said C. D. to the value of the money and interest aforesaid, which said goods and chattels remained in your hands unsold for want of buyers. Therefore we being desirous that the said A. B. should be satisfied his money and interest aforesaid, command you, that you expose to sale and sell or cause to be sold the goods and chattels of the said C. D. by you in form aforesaid taken, and every part thereof, for the best price that can be gotten for the same, and have the money arising from such sale before us in our said Court of Chancery aforesaid, immediately after the execution hereof to be paid to the said A. B. And have there then this writ. Witness, &c. 18. Præcipe for Fi. Fa. Elegit, or Vend. Exponas. A. B. Seal a Fieri Facias (or "Elegit," or "Ven>ditioni Exponas,") directed to the Sheriff of against C. D. of V. C. D. order entered the day of for £ 184 Dated this day of 19. Attachment. VICTORIA, &c. (as in Form 1.) due to A. B. Chancery Lane, To the Sheriff of greeting: We command you to attach (A. B.) so as to have (him) before us in our High Court of Chancery, immediately after the receipt of this writ [or "on the morrow of All Souls next ensuing" or on the day of next ensuing"], wheresoever 66 the said Court shall then be, there to answer to us as well touching a contempt which (he) as it is alleged (has) committed against us, as also such matters as shall be then and there laid to (his) charge, and further to perform and abide such order as our said Court shall make in this behalf, and hereof fail not, and bring this writ with you. Witness. &c. LANGDALE. 20. Indorsement of an Attachment. BY THE COURT. costs to A. B.,' or " for 66 'for by For not appearing (or "for not answering," or not paying the sum of £ breach of an order bearing date the day of not" [here state shortly the mandatory part of the order] in a cause wherein A. B. is plaintiff, and C. D. and others are defendants.) E. F., No. Chancery Lane, Agent for G. H., Birmingham. 21, Præcipe for Attachment. B. Seal an attachment, directed to the against C. D., for not appearing [or D.Jswering," or "not paying the sun of £ v. Sheriff of "not an costs to A. B.] at the suit of A. B. and others plaintiffs, returnable immediately (or as the case may be.). Dated this day of 184 E. F., No. Chancery Lane, 22. Sequestration. VICTORIA, &c. (as in Form 1.) To [Commissioners' names] greeting: Whereas A. B. complainant exhibited (his) bill of complaint into our Court of Chancery, against C. D. defendant; and whereas the said C. D. being duly served with a writ, issuing out of our said Court, commanding (him) under the penalty therein mentioned, to appear to and answer the said Bill, (has) refused so to do, and thereupon Process of Contempt hath issued against (him) unto a Serjeant-at-Arms; and whereas the said C. D. of late absconded, and so concealed (himself) that the said Serjeant-at-Arms hath not been able to find (him), as by the certificate of the said Serjeant-at-Arms appears; know ye therefore that we, in confidence of your prudence and fidelity, have given, and by these presents do give, unto you, or any three or two of you, full power and authority to enter upon all the messuages, lands, tenements, and real estate, whatsoever of the said C. D., and to collect, receive, and sequester into your hands not only all the rents and profits of (his) said messuages, lands, tenements, and real estate, but also all (his) goods, chattels, and personal estate whatsoever. And therefore we command you, any three or two of you, that you do at certain, proper, and convenient days and hours, go to and enter upon all the messuages, lands, tenements, and real estate, of the said C. D., and that you do collect, take, and get into your hands, not |