of his Majesty's High Court of Justice, in a certain action [or certain actions, as the case may be] wherein A. B. is plaintiff and C. D. is defendant, by a judgment of the said Court bearing date the day of 19—, adjudged to be paid by the said C. D. to A. B., together with certain costs in the said judgment mentioned, and which costs have been taxed and allowed by one of the taxing officers of the said Court at the sum of £—, as appears by the certificate of the said taxing officer dated And I further command you that of the goods and chattels of the said. C. D. in my bailiwick you further cause to be made the sum of £ [costs], together with interest thereon at the rate of £- per centum per annum from the day of 19-[let all this follow the terms of the writ of fi. fa.], so that I may have that money and interest before his said Majesty in the said Division of his High Court of Justice immediately after the execution hereof, to be paid to the said A. B. as required by the said writ, and that you do all such things as by the statute passed in the second year of the reign of her late Majesty Queen Victoria I am authorized and required to do in this behalf; and in what manner you shall have executed this warrant certify to me immediately after the execution hereof. Hereof fail not. Given under the seal of my office, the A.D. 19-. By the sheriff. day of (Seal of office.) Writ indorsed: Levy £- - [&c., copying the indorsement on the writ]. Before you levy on the goods and chattels of the defendant, beware that he is not an ambassador or servant to an ambassador, or otherwise privileged or protected. 21. Summons for Leave for Sheriff to sell by Private Contract (b). [Title, &c., of action as usual.] [Formal parts as usual in summons before Master] for an order that the sheriff of be at liberty to sell the goods and chattels seized by him (b) By the Bankruptcy Act, 1883 (46 & 47 Vict. c. 52), s. 145, "Where the sheriff sells the goods of a debtor under an execution for a sum exceeding twenty pounds (including legal incidental expenses), the sale shall, unless the Court from which the process issued otherwise orders, be made by public auction, and not by bill of sale or private contract, and shall be publicly advertised by the sheriff on and during three days next preceding the day of sale." By the Bankruptcy Act, 1890 (53 & 54 Vict. c. 71), s. 12, "Where any goods of a debtor are taken in execution, and the sheriff has notice of another execution or other executions, the Court shall not consider an application for leave to sell privately until the notice directed by Rules of Court has been given to the other execution creditor or creditors, who may appear before the Court and be heard upon the application." By R. S. C., Ord. XLIII., r. 8, "Every application under section 145 of the Bankruptcy Act, 1883, and section 12 of the Bankruptcy Act, 1890, for an order that a sale under an execution may be made otherwise than by public auction shall be made by summons at Chambers. Upon service of a copy of the summons on the sheriff, he shall forward to the applicant a list of the names and addresses of every person at whose 26 C.F. under the writ of fieri facias in this action by private contract, upon the ground that · [here state shortly the grounds of the application (c)]. Dated [&c., conclude as usual]. [If the applicant is an execution creditor, address the summons to and serve it upon the sheriff and every person named in the sheriff's list (d). If the applicant is the execution debtor, address the summons to and serve it upon the execution creditor at whose instance the execution has been levied, under which the sale is intended to be made, the sheriff, and every other person named in the sheriff's list (d)]. 22. Order for Leave to sell by Private Contract. [Formal parts as usual.] ordered that the sheriff of : It is Upon hearing [the solicitors for] be at liberty to sell the goods and chattels seized by him under the writ of fieri facias in this action by private contract, and that [&c., adding any directions given as to costs (e)]. 23. Notice to Sheriff to return Writ (f). To the sheriff of I hereby give you notice that I require you [within four days in London or Middlesex, or eight days in any other county] to make a return to the instance any other writ of execution against the goods of the debtor has been lodged with him (hereinafter called the sheriff's list)." By r. 11, "On the hearing of the application the applicant shall produce to the Court or Judge the sheriff's list." By r. 12, "The sheriff and every other person on whom the summons has been served may attend the hearing of the application and be heard in opposition to or in support of the application." (c) By Ord. XLIII., r. 9, "The summons shall contain a short statement of the grounds of the application." (d) By r. 10, "Notice of the application shall be given by serving a copy of the summons four clear days before the day on which the summons is returnable :— "(a) If the applicant is an execution creditor, upon the sheriff, and upon every person named in the sheriff's list: "(b) If the applicant is the execution debtor, upon the execution creditor at whose instance the execution has been levied under which the sale is intended to be made, the sheriff, and every other person named in the sheriff's list." (e) By r. 13, "The Court or a Judge may, at the hearing of any summons under these Rules, direct that all or any part of the costs may be borne by any of the persons attending, or otherwise as may be just." (f) Notice to Sheriff to return Writ.]-By Ord. LII., r. 11, “No order shall issue for the return of any writ, or to bring in the body of a person ordered to be attached or committed; but a notice from the person issuing the writ or obtaining the order for attachment or committal (if not represented by a solicitor), or by his solicitor, calling upon the sheriff to return such writ or to bring in the body within a given time, if not writ of fieri facias issued by the in the above action, and tested the to levy against the above-named C. D. £ and day of interest and £Dated the By virtue of this writ to me directed, I have caused to be made of the goods and chattels within my bailiwick of the within-named C. D. the moneys [or] and interest within mentioned, which I have ready, at the time and place within mentioned, to be rendered to the within-named A. B. as I am within commanded. The answer of S. S., Esquire, sheriff. 25. Return of Nulla Bona (h). The within-named C. D. has no goods or chattels in my bailiwick whereof I can cause to be made the moneys [or £] and interest within mentioned, or any part thereof, as I am within commanded. The answer of S. S., Esquire, sheriff. 26. Return of Fieri Feci for Part and Nulla Bona as to Residue. By virtue of this writ to me directed, I have caused to be made of the goods and chattels within my bailiwick of the within-named C. D. to the value of £; which said money I have ready at the day and place. complied with, shall entitle such person to apply for an order for the committal of such sheriff." It is not usual for the sheriff to return writs of execution directed to him, except writs of elegit, unless he is given notice to do so. As to the return of writs, see generally 1 Pract. 14th ed. pp. 815 et seq. () As regards the form of the sheriff's return to a writ of execution, it must be reasonably certain, but so much certainty is not required in it as was formerly required in pleading. It must answer the whole writ up to the period when the return is made; and it must not falsify the writ, or be contrary to a former return of the sheriff or of his predecessor. It should be in the sheriff's name, and he ought to put his christian and surname to it. When there are two sheriffs, both ought to put their names, or it will be no return at all. Where a new sheriff makes a return to a writ which has been executed by a predecessor, he should return that his predecessor delivered it to him, with the latter's return thereon. Any defect in the formal part of the return will be cured by the words "in manner and form as I am within commanded." The return is made on the back of the writ itself, but if the return be long a schedule is usually annexed, and referred to in the indorsement on the writ. See further 1 Pract. 14th ed. p. 818. () As to this return, and the other returns which follow, see 1 Pract. 14th ed. pp. 863 et seq. within mentioned, to be rendered to the within-named A. B. And I further certify and return that the said C. D. hath no more goods or chattels in my bailiwick whereof I can cause to be made the residue of the within-mentioned moneys [or £-] and interest, or any part thereof, as I am within commanded. The answer of S. S., Esquire, sheriff. 27. Return of Fieri Feci for Part, and that Sheriff has paid Part of Sum levied to the Landlord for Rent, and a Retainer for Poundage, &c. By virtue of this writ to me directed, I have caused to be made of the goods and chattels within my bailiwick of the within-named C. D. to the value of £; £, part whereof, I have paid to L. L., the landlord of the premises on which the said goods and chattels were seized under the said writ, for rent (not exceeding for one year) due to him for the said premises on the day of, 19-(); and £-, further part whereof, I have retained in my hands for poundage, officers' fees, costs of levying, and other my expenses of execution; and £- the residue whereof, I have ready at the time and place within mentioned, to be rendered to the withinnamed A. B. as within commanded. And the said C. D. hath not any more goods or chattels in my bailiwick whereof I can cause to be made the residue of the within moneys [or £] and interest, or any part thereof, as I am within commanded. The answer of S. S., Esquire, sheriff. 28. The like, for Rent and Taxes; to be annexed to the Writ. I certify and return that, by virtue of the writ hereto annexed, I have caused to be made of the goods and chattels of C. D. in the said writ named in my bailiwick, to the value of £ ; £ -, part whereof, at the request of the said within-named A. B., I have paid to L. L., of the landlord of the premises whereon the goods and chattels were seized, for rent (not exceeding for one year) due to the said landlord for and in respect of the said premises on last; and which said premises at the time of the seizure by me of the said goods and chattels, under and by virtue of the said writ, were in the tenure and occupation of the said C. D., as tenant thereof to the said L. L.; £ further part whereof, I have paid for taxes (not exceeding one year) due from the said C. D. to his Majesty; £—, further part whereof, I have retained for poundage, officers' fees, costs of levying, and other my expenses of the execution; and £- residue thereof, I have paid to the said A. B. [or if not already paid, see the next form]. And I further certify that the said C. D. hath no more goods or chattels in my bailiwick whereof I can cause to be made the residue of the said moneys [or £- -] and interest, or any part thereof. By the same sheriff. (i) See stat. 8 Anne, c. 14, s. 1. [Make the following indorsement on the writ:] The execution of this writ appears in the schedule hereunto annexed. The answer of S. S., Esquire, sheriff. 29. The like, for Taxes only. By virtue of this writ to me directed, I have caused to be made of the goods and chattels within my bailiwick of the within-named C. D. to the value of £; £, part whereof, I have paid to L. L. for King's taxes (not exceeding for one year) due for and in respect of the premises whereon the goods and chattels were seized by me at the time of seizing the said goods and chattels ; and £, further part whereof, I have retained in my hands for poundage, officers' fees, costs of levying, and other my expenses of the execution; and £, the residue of the said £, I have ready at the time and place within mentioned, to be rendered to the said A. B. as I am within commanded. And the said C. D. hath not any more goods or chattels in my bailiwick whereof I can cause to be made the residue of the within-mentioned moneys [or £] and interest, or any -] part thereof, as I am within commanded. The answer of S. S., Esquire, sheriff. 30. Return of Fieri Feci as to Part, and an Interpleader Order as to Residue. I certify and return that, by virtue of the writ hereunto annexed, I have caused to be made of the goods and chattels within my bailiwick of C. D. in the said writ named, to the value of £- —; £ part whereof, I have retained in my hands for poundage, officers' fees, costs of levying, and other my expenses of the execution; and £ residue whereof, I have ready, at the time and place within mentioned, to render to A. B. in the said writ named, for part of the moneys [or £- -] and interest in the said writ named. And I further certify that I caused to be seized divers other goods and chattels as and for the goods and chattels of the said C. D. in my bailiwick, which were afterwards claimed by E. F. as his goods and chattels. And I further certify and return that, in obedience to an interpleader order made in respect of that claim by Master, dated a copy whereof is hereto annexed, marked B., I sold the same for the sum of £, being the best price I could obtain for the same £- -, part whereof, I have paid and retained for fees and expenses for and on account of the seizing and keeping possession and sale by auction of the said goods and chattels; and £, residue whereof, I have paid into Court as the proceeds of the said goods and chattels [all this must agree with the interpleader order]. And I further certify and return that the said C. D. hath not any more goods or |