11. Notice to return the Writ.

Follow the form, ante, p. 402, but describe the writ as a "capias ad satisfaciendum," and not as a "fieri facias."

By Ord. LII., r. 12, "When any sheriff shall, before going out of office, arrest any defendant, and render return of cepi corpus, he may be called upon by a notice, as provided by the last preceding Rule, to bring in the body within the time allowed by law, although he may be out of office before such notice is given."

12. Return of Cepi Corpus (m).

I have taken the within-named C. D., whose body I have ready, as I am within commanded. The answer of S. S., sheriff.

13. Return of Non est inventus.

The within-named C. D. is not found in my bailiwick.

The answer of S. S., sheriff.

14. Return of Cepi Corpus as to one Defendant, and Non est inventus as

to another.

I have taken the within-named C. D., whose body I have ready, as I am within commanded; but the within-named E. F. is not found in my bailiwick. The answer of S. S., sheriff.

15. Return of Languidus.

By virtue of this writ to me directed, I took the within-named C. D. at a dwelling-house, situate in the parish of, in my county, but the said C. D. was then so sick and ill, and in so weak, infirm and debilitated a state, that he could not be taken or removed from the said dwelling-house, to the common gaol of my said county without great peril and danger of his life; and the said C. D., for the cause aforesaid, was kept and remained and continued, and still is kept and remains and continues, in my custody in the said dwelling-house, so sick and ill, and in such a weak, infirm and debilitated state as aforesaid, that I cannot without peril and danger of his life have the body of the said C. D. before our said lord the King in the [King's Bench] Division of the High Court of Justice, as I am within commanded. The answer of S. S., sheriff.

() As to this form of return, and the forms which follow, see 2 Pract. 14th ed. 899.

16. Return to Ca. Sa. that Defendant was a Member of Parliament on its Dissolution, and that Forty Days since the Dissolution have not elapsed.

I certify and return to our lord the King in the [King's Bench] Division of the High Court of Justice that the within-named C. D. before and at the time of the dissolution of the last Parliament of the United Kingdom of Great Britain and Ireland, was a Member of the House of Commons of the said Parliament and served as such, and was entitled to his privilege of Parliament. And I further certify and return that this writ was delivered to me after the said dissolution, and that forty days since the said dissolution have not yet elapsed, and the said C. D. continuing to have his privilege of Parliament and freedom from arrest and imprisonment on civil process, I cannot have his body before his Majesty in the said [King's Bench] Division of the High Court of Justice, at the time and place withinmentioned, as I am within commanded.

The answer of S. S., sheriff.

17. Return of Mandavi Ballivo.

By virtue of this writ to me directed, I made my mandate to the bailiff of the liberty of in my county, to take and arrest the within-named C. D., which said bailiff hath the full return of all writs and processes, and the execution of the same, within the liberty aforesaid, so that no execution of this writ can be made by me within the said liberty, which said bailiff hath returned to me 66 that he hath taken the within-named C. D., whose body he hath ready" [or "that the within-named C. D. is not found in his bailiwick "]: And I further certify that the said C. D. is not found in my bailiwick.

18. Entry and Award of Ca. Sa., and Return and Alias (n). Afterwards, on the plaintiff comes here into Court, by his solicitor aforesaid, and prays the writ of our lord the King of capias ad satisfaciendum, to be directed to the sheriff of commanding him that he omit not, by reason of any liberty in his county, but that he enter the same, and that he take the defendant if he be found in his bailiwick, and him safely keep, so that he may have his body before our said lord the King in the [King's Bench] Division of the High Court of Justice immediately after the execution thereof [or on the as in the writ], to satisfy the plaintiff the said £, together with interest [&c., as in the ca. sa.]; and it is granted to him, &c. Afterwards, on comes here the plaintiff by his solicitor aforesaid; and the sheriff, to wit, S. S., sheriff of the county aforesaid, now here, returns to our said lord the King in the said

9

(n) See n. (b), ante, p. 422.

Division of the said High Court aforesaid that the defendant is not found in his bailiwick: Whereupon the plaintiff prays another writ of our said lord the King of capias ad satisfaciendum, to be directed to the said sheriff of, commanding him in form aforesaid; and it is granted to him, returnable before our said lord the King in the said Division of the said High Court immediately after the execution thereof [or on the writ].

as in

SECTION V.-ORDER FOR COMMITTAL UNDER DEBTORS ACT, 1869, s. 5. Under this section proceedings may be taken to obtain the committal to prison, for a term not exceeding six weeks, or until payment of the sum due, of any person who makes default in payment of a debt, or instalment of a debt, due from him in pursuance of an order or judgment of the Court, upon proof to the satisfaction of the Court that the defaulter has, or has had since the date of the order or judgment, the means to pay the debt or instalment, and has refused or neglected to pay it. Proceedings in the High Court under this section, having been assigned exclusively to the Judge to whom bankruptcy business is assigned (0), are no longer taken in the King's Bench Division, and, therefore, do not now fall within the scope of this book.

SECTION VI.-WRIT OF DELIVERY (P).

1. Præcipe for Writ of Delivery (q).

[Title, &c., as in Præcipe for fi. fa., ante, p. 389.]

to make delivery

Seal a writ of delivery directed to the sheriff of to [the above-named plaintiff] A. B. of [describe the property, e.g., by (0) See Bankruptcy Act, 1883, s. 103, and the Rules made thereunder.

(p) By Ord. XLII., r. 6, "A judgment for the recovery of any property other than land or money may be enforced :

"(a) By writ for delivery of the property :

(b) By writ of attachment:

(c) By writ of sequestration."

By Ord. XLVIII., r. 1, “Where it is sought to enforce a judgment or order for the recovery of any property other than land or money by writ of delivery, the Court or a Judge may, upon the application of the plaintiff, order that execution shall issue for the delivery of the property, without giving the defendant the option of retaining the property upon paying the value assessed, if any, and that if the property cannot be found, and unless the Court or a Judge shall otherwise order, the sheriff shall distrain the defendant by all his lands and chattels in the sheriff's bailiwick, till the defendant deliver the property; or at the option of the plaintiff, that the sheriff cause to be made of the defendant's goods the assessed value, if any, of the property." As to the writ of delivery, see generally 2 Pract. 14th ed. p. 904.

It will be seen from the above Rule that this writ cannot be issued without an order. The order may be obtained by applying to a Master, ex parte, on an affidavit of facts. The Sale of Goods Act, 1893, s. 52, enables a plaintiff in an action for a breach of contract to deliver specific or ascertained goods for a price in money, to obtain judgment for the recovery of the goods themselves.

(4) The form is framed from that given in R. S. C., App. G., Form 8.

C.F.

28

saying] the chattels specified in the judgment [or order] dated the

day of

19-.

(Signed) X. Y., of

Solicitor for the [said plaintiff].

2. Writ of Delivery (r).

[Title, &c., as in fi. fa., ante, p. 390.]

Edward the Seventh, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, to the sheriff of -, greeting: We command you that without delay you cause the following chattels, that is to say [here enumerate the chattels recovered by the judgment or order for the return of which execution has been ordered to issue], to be returned to A. B. which the said A. B. lately in our High Court of Justice recovered against C. D. [or which lately in our High Court of Justice C. D. was ordered to deliver to the said A. B.] in an action in the King's Bench Division of our said Court.*

And we further command you that if the said chattels cannot be found in your bailiwick, you distrain the said C. D. by all his lands and chattels in your bailiwick, so that neither the said C. D. nor any one for him do lay hands on the same until the said C. D. render to the said A. B. the said chattels. And in what manner you shall have executed this our writ make appear to us in our said Court immediately after the execution hereof. And have you there then this writ. Witness [&c., as in form No. 2, ante, p. 391]. [Indorse with name, &c., of solicitor, &c., as directed ante, p. 392, and add beneath such indorsement :]

The defendant is a

and resides at in your bailiwick.

3. Writ of Delivery or assessed Value (s).

[Proceed as in the preceding form down to the asterisk*, and then thus:] And we further command you that if the said chattels cannot be found in your bailiwick, of the goods and chattels of the said C. D. in your bailiwick you cause to be made £- [the assessed value of the chattels]+. And in what manner you shall have executed this our writ make and appear to us in our Court aforesaid immediately after the execution hereof. And have you there then this writ. Witness [&c., as in form No. 2, ante, p. 391].

(r) By Ord. XLVIII., r. 2, “A writ of delivery shall be in the form No. 10 in App. H.; and when a writ of delivery is issued, the plaintiff shall, either by the same or a separate writ of execution, be entitled to have made of the defendant's goods, the damages and costs awarded, and interest." The above form No. 2 follows that referred to in this Rule.

(s) This form is prescribed by R. S. C., App. H., Form 11. Execution for the damages and costs may be had by a separate writ of fi. fa.

4. The like, including Damages and Costs (t).

[If in either of the preceding forms it is wished to include damages, costs, and interest, proceed to the dagger †, and then continue thus:]

And we further command you that of the goods and chattels of the said C. D. in your bailiwick you cause to be made the sum of £[damages]. And also interest thereon at the rate of £4 per centum per annum from the day of, 19-[date of julyment or order], which said sum of money and interest were in the said action by the judgment therein [or by order], dated the day of, 19, adjudged [or ordered] to be paid by the said C. D. to [the said] A. B., together with certain costs in the said judgment [or order] mentioned, and which costs have been taxed and allowed by one of the taxing officers of our said Court at the sum of £, as appears by the certificate of the said taxing officer, dated 19-. And that of the goods and chattels of the

the

day of

said C. D. in your bailiwick you further cause to be made the sum of £[costs], together with interest thereon at the rate of £4 per centum per annum from the day of, 19— [date of judgment or order], and that you have that money and interest before us in our said Court immediately after the execution hereof, to be paid to the said A. B. in pursuance of the said judgment [or order]. And in what manner [&c., as in form No. 2, supra].

Seal a writ of sequestration against C. D. for not [here state shortly the act for the non-performance of which the writ is to issue] at the suit of A. B. directed to (names of commissioners).

(u) By Ord. XLII., r. 4, “" A judgment for the payment of money into Court may be enforced by writ of sequestration, or, in cases in which attachment is authorized by law, by attachment."

By Ord. XLII., r. 6, "A judgment for the recovery of any property other than land or money may be enforced. . . . (c) by writ of sequestration."

....

By Ord. XLIII., r. 6, "Where any person is by any judgment or order directed to pay money into Court, or to do any other act in a limited time, and after due service of