Division of the High Court of Justice that, by virtue of the said writ to him directed, he has caused to be made of the goods and chattels of the defendant in his bailiwick £- parcel of the said several sums of £and £ and interest aforesaid; which money he has ready at the day and place in the said writ contained, to render to the plaintiff for so much of the said several sums of £ and £ and interest aforesaid, as by the said writ he is commanded; and that the defendant has not any other or more goods or chattels in his bailiwick whereof he can cause to be made the residue of the said several sums of £and interest aforesaid, or any part thereof: And for having execution of the said residue of the said £ and £ and interest, the plaintiff afterwards, that is to say, on [teste of the elegit], comes here, and, according to the form of the statutes in such case made and provided, chooses to be delivered to him all the goods and chattels [&c., as in No. 11, to the dagger †], until £, residue of the said £ and £ and interest aforesaid, shall have been levied; and he prays the writ [&c., conclule as in No. 12].

and £

16. Elegit for the Residue, after a Fieri Facias.

[Title, &c., as in form No. 2, ante, p. 390.]

Edward the Seventh [&c., as in No. 2], to the sheriff of ——, greeting : Whereas lately in our High Court [&c., proceed as in a common elegit, as in No. 2, to the asterisk *], and whereupon by our writ we lately commanded you that of the goods and chattels [&c., recite the fieri facias as in the preceding form]; and you on returned [&c., recite the return as in the preceding form, or as the case may be]; and afterwards the said A. B. came into our said Court, and, according to the statute in such case made and provided, chose to be delivered to him [&c., as in No. 2 to the words " and his assigns," and then thus:] until the sum of £- residue of the said £—and interest aforesaid, should be thereof fully levied: Therefore we command you [&c., proceed as in a common elegit to the words "to him and to his assigns"], until the said £ residue of the said several sums of

66

and £- -, together with interest aforesaid, shall have been levied. And in what manner you shall have executed this our writ [&c., conclude as in No. 2, supra, p. 390].

SECTION III.-LEVARI FACIAS.

By the Bankruptcy Act, 1883 (46 & 47 Vict. c. 52, s. 146, sub-s. (2)), "No writ of levari facias shall hereafter be issued in any civil proceeding."

SECTION IV.-CAPIAS AD SATISFACIENDUM (e).

1. Præcipe for Writ.

[Title, &c., as in form, ante, p. 389, No. 1.]

Seal a writ of capias ad satisfaciendum directed to the sheriff of against C. D.

2. General Form of Ca. Su. (f).

[Title, &c., as in fi. fa., ante, p. 390, No. 2.]

Edward the Seventh [&c., as in fi. fa., ante, p. 390, No. 2], to the sheriff of, greeting (g):

(e) The Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 4, abolished arrest or imprisonment for default in payment of a sum of money other than a Crown debt, except in the following cases :

"1. Default in payment of a penalty, or sum in the nature of a penalty, other than a penalty in respect of any contract :

2. Default in payment of any sum recoverable summarily before a justice or justices of the peace:

"3. Default by a trustee or person acting in a fiduciary capacity, and ordered to pay by a Court of equity any sum in his possession or under his control :

4. Default by an attorney or solicitor in payment of costs when ordered to pay costs for misconduct as such, or in payment of a sum of money when ordered to pay the same in his character of an officer of the Court making the order:

"5. Default in payment for the benefit of creditors of any portion of a salary or other income in respect of the payment of which any Court having jurisdiction in bankruptcy is authorized to make an order:

"6. Default in payment of sums in respect of the payment of which orders are in this Act authorized to be made :

“Provided, first, that no person shall be imprisoned in any case excepted from the operation of this section for a longer period than one year; and, secondly, that nothing in this section shall alter the effect of any judgment or order of any Court for payment of money, except as regards the arrest and imprisonment of the person making default in paying such money.'

By the Debtors Act, 1878 (41 & 42 Vict. c. 54), in any case within the above exceptions 3 and 4, any Court or Judge, making the order for payment, or having jurisdiction in the proceeding wherein the order is made, may grant or refuse, absolutely or upon terms, any application for a writ of attachment, or other process or order of arrest or imprisonment, or any application to stay the operation of such suit, process or order, or for discharge from arrest or imprisonment thereunder.

By reason of these Acts, the writ of ca. sa. is now seldom used; but it may still be resorted to in cases within the exceptions mentioned in sect. 4, and it is therefore retained in its place here. As to the writ generally, see 2 Pract. 14th ed. 889 et seq. (f) This writ is a writ of execution within the meaning of the R. S. C., and all the provisions of these Rules as to issuing execution apply to this writ (see Ord. XLII., r. 8). The above form is framed from that prescribed by the R. H. T., 1853.

(g) As to the direction of the writ and the form of direction to the different sheriffs, see ante, p. 392.

We command you that you [omit not by reason of any liberty of your county, but that you enter the same and] take C. D., if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us in the King's Bench Division of our High Court of Justice immediately after the execution hereof, to satisfy A. B. £, together with interest thereon at the rate of [£4] per centum per annum from the day of, 19 [the date of the judgment or order], which said sum of money and interest were lately before us in our High Court of Justice in a certain action wherein A. B. is plaintiff and C. D. is defendant, by a judgment [or order] of our said Court bearing date the day of 19-, adjudged [or ordered] to be paid by the said C. D. to A. B.* [j»lowing the terms of the judgment or order]. And have you there then this writ. Witness [name of Lord Chancellor], Lord High Chancellor of

Indorse the ca. sa. thus (i): Levy the whole [or levy £- (the sum which the execution creditor is entitled to levy)] and interest thereon [or on £- -] at £4 per cent. from the day of, 19 [date of judgment

or order], besides sheriff's poundage and officer's fees, and other expenses of the execution.

This writ was issued by X. Y., of, solicitor [or agent for X. X., of solicitor], for the within-named plaintiff [or if the writ was issued in person, say issued by A. B., the plaintiff, in person, who resides at mentioning the city, town or parish, and also the name of the hamlet, street and number of the house of the plaintiff, if such there be].

3. Ca. Sa. after a Levy of Part under a Fi. Fa. (k). Edward the Seventh [&c., as No. 2], to the sheriff of greeting: Whereas by our writ we lately commanded you that of the goods and chattels [here recite the fi. fa. in the past tense]: And you, at a day now past, returned to us in the King's Bench Division of our High Court of Justice that by virtue of the said writ you had caused to be made of the goods and chattels of the said C. D. £- parcel of the said £- and interest aforesaid, which said money you had ready at the day and place in the said writ contained, as by the said writ you were commanded, and that the said C. D. had not any other or more goods or chattels in your bailiwick whereof you could cause to be made the residue of the said £and interest, or any

() As to testing and dating the writ, see ante, p. 391, n. (7).

(i) As to the indorsement see, ante, p. 392. By Ord. XLII., r. 15, "In every case of execution the party entitled to execution may levy the poundage, fees and expenses of execution, over and above the sum recovered."

(k) In this case the ca, sa. must recite the levy under the fi. fa.

part thereof, according to the exigency of that writ (let this agree with the return): Therefore we command you that you [omit not by reason of any liberty in your county, but that you enter the same and] take the said C. D., if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us in the King's Bench Division of our High Court of Justice immediately after the execution hereof, to satisfy the said A. B. the residue of the said £ and interest aforesaid. And have you there then this writ. Witness [c., as in form No. 2, ante, p. 428]. Indorse it as directed at the foot of the ca. sa., No. 2, supra.

4. Renewal of Ca. Sa.

The writ itself, for the purpose of renewal, is not altered. Leave having been obtained to renew it, it is marked with a seal kept at the Central Office for the purpose, bearing the date of the day, month and year of the renewal, or if the sheriff has the writ in hand to execute, then, instead of this, a notice marked with such seal, signed by the party or his solicitor, should be given to the sheriff (see ante, p. 397).

5. Notice to the Sheriff by Plaintiff of the Renewal of a Ca. Sa. Follow the form of notice of renewal of a fi. fa., ante, p. 397, but describe the writ as a ca. sa., and not as a fi. fa.

6. Alias Ca. Sa.

Edward the Seventh [&c., as No. 2], to the sheriff of, greeting: We command you, as before we have commanded you, that you take [&c., proceed as in the ordinary form].

7. Pluries Ca. Sa.

Edward the Seventh [&c., as No. 2], to the sheriff of —, greeting: We command you, as often we have commanded you, that you take [&c., proceed as in the ordinary form].

8. Warrant on a Ca. Sa.

to wit. S. S., Esquire, sheriff of the said county, [to the keeper of the gaol of the said county and] to B. B. my bailiff, greeting: By virtue of his Majesty's writ to me directed and delivered, I command you that you [omit not by reason of any liberty in my county, but that you enter the same and] take C. D. wheresoever he may be found in my bailiwick,

and him safely keep, so that I may have his body before our lord the King in the [King's Bench] Division of his Majesty's High Court of Justice, immediately after the execution hereof [or on the

19

day of (if the writ be returnable on a particular day)], to satisfy A. B. of £, which the said C. D. in the King's Bench Division of his Majesty's said High Court of Justice was ordered to pay to the said A. B., together with interest [&c., as in the ca. sa.]. And have you this warrant, and fail not at your peril. Given under the seal of my office, the

day of By the sheriff. (Seal of office.)

9. Notice from Execution Creditor to Sheriff not to discharge Execution Debtor out of Custody (1).

I give you notice that Mr. has no authority from me to receive the judgment debt from the above-named defendant, who is now in your custody under a capias ad satisfaciendum issued on a judgment obtained in the above action at my suit, nor has he any authority from me to order or authorize the discharge of the said defendant out of your custody, and I forbid such discharge.

Dated

To the sheriff of

Yours, &c., A. B.,

[or the gaoler or other

person in whose custody the party is].

10. Supersedeas to a Ca. Sa. irregularly issued.

Edward the Seventh [&c., as No. 2], to the sheriff of greeting : Whereas we lately commanded you by our writ that you [&c., reciting the writ of ca. sa. to the asterisk *], as in the said writ is more fully contained : Nevertheless because after the issuing of the said writ it appeared to our said Court that the said writ was issued erroneously, therefore we command you that if the said C. D. be detained in your custody for that cause and no other, then you suffer him to go at large, as you will answer the contrary at your peril. Witness [&c., as in form No. 2, ante, p. 428].

(1) See the C. L. P. Act, 1852, s. 126, which is not repealed by 46 & 47 Vict. c. 49.