Chapter XIV: Appendix: No. I

CAPIAS BILL.

_Middlesex._ The sheriff is commanded that he take _A. B._ if he may be found in his bailiwick, and him safely keep, so that he may have his body before the lord the King, on Wednesday next after fifteen days from the day of Easter, to answer _C. D._ gentleman, of a plea of trespass; and also to a bill of the said _C._ against the aforesaid _A._ for one hundred pounds of debt, according to the custom of the court of the said lord the King, before the King himself to be exhibited, and that he have there then this precept.

No. II.

WARRANT TO THE BAILIFF OF THE LIBERTY.

To the bailiff of the liberty [of the Lord the King] [of his duchy of _L._] of _E._

_Middlesex._ By virtue of the Kings writ issued out of his Majestys Court of Kings Bench at Westminster, to me directed, I command you that you take _A. B._ if he may be found in your liberty and him safely keep, so that you may have his body before the lord the King, on Wednesday next after fifteen days from the day of Easter, to answer _C. D._ gentleman of a plea of trespass; and also to a bill of the said _C._ against the aforesaid _A._ for one hundred pounds of debt, according to the custom of the court of the said lord the King, before the King himself to be exhibited. Dated the ---- day of ---- 17--.

_R._ (the attorneys name.)

Oath for 59l. and upwards.

Before you arrest the defendant, beware he is not an ambassador or servant to an ambassador, or in some other way priviledged or protected.

Precept signed ---- inst.

_F. G._ } Sheriff. _H. I._ }

No. III.

BAILIFFS WARRANT TO HIS UNDER-BAILIFFS.

_J. K._ esquire, bailiff of the liberty of [the lord the King] of _E._ in the county of Middlesex, to _L. M. N. O._ and _John Doe_, my deputies, greeting. By virtue of a precept in writing, under the seal of the sheriff of the said county, to me directed, I command you and every of you jointly and severally, that you, some or one of you take _A. B._ if he shall be found in my bailiwick, and him safely keep, so that I may have his body before the lord the King, on Wednesday next after fifteen days from the day of Easter, to answer _C. D._ gentleman of a plea of trespass; and also to a bill of the said _C._ against the aforesaid _A._ for one hundred pounds of debt, according, &c. to be exhibited. Dated the ---- day of ---- 17--.

_R._

By the same bailiff.

Before you arrest, &c. (_as above_.)

Oath for 59l. and upwards.

Precept signed ---- inst.

No. IV.

CHIEF BAILIFFS RETURN.

To _F. G._ and _H. I._ esquires, sheriff of the county of Middlesex.

_J. H._ esquire, bailiff of the liberty [of the lord the King] of _E._ in the said county, doth hereby certify and return, that by virtue of a warrant in writing under the seal of the said sheriff to him the said bailiff directed, he hath taken the body of _A. B._ which he is ready to have before the lord the King, (_&c._ _as in the warrant_) as by the said warrant he is commanded. (_Or thus_: that _A. B._ whom, _&c._ _See the indenture post._)

By the same bailiff.

No. V.

Form of an indenture of return between the bailiff of a liberty and the sheriff, according to the statute of York[56].

This indenture made, &c. between _J. K._ esquire, bailiff of the liberty of the lord the King of _E._ in the county of _M._ of the one part, and _F. G._ and _H. I._ esquires, sheriff of the said county, of the other part, witnesseth, that the said bailiff hath certified and returned unto the said sheriff, that by virtue of a certain warrant in writing under the seal of the said sheriff to him the said bailiff directed, he the said bailiff hath taken the body of _G. H._ gentleman, which he will have ready before the lord the King at Westminster, at the day therein contained. _Or thus_: which he hath delivered to the said sheriff. _Or thus_: that _G. H._ gentleman, whom the said bailiff was lately, by a certain warrant in writing, under the seal of the said sheriff, to him the said bailiff directed, commanded by the said sheriff to arrest, is not found in his bailiwick. (_And so of other returns_). In witness, _&c._

No. VI.

SHERIFFS RETURN.

By virtue of this writ to me directed, I have commanded _J. K._ esquire, bailiff of the liberty [of the lord the King] of _E._ in the county of Middlesex, who hath the full return of all writs, and the execution thereof within the liberty aforesaid, and to whom the execution of this writ doth wholly belong to be done, for that no execution in any other place in my bailiwick out of the said liberty could be made, which said bailiff answereth that he hath taken the body of the within named _A. B._ which he hath ready at the time and place within mentioned. _Or thus_: that the within named _A. B._ is not found in his bailiwick. _Or thus_: who hath given me no answer.

No. VII.

NON OMITTAS.

George the third, by the grace of God, of Great Britain, France and Ireland, King, defender of the faith, and so forth. To the sheriff of Middlesex, greeting: We command you that you omit not by reason of any liberty of your county, but that you take _A. B._ if he may be found in your bailiwick, and him safely keep, so that you may have his body before us on ---- next after five weeks of Easter, to answer _C. D._ gentleman, of a plea of trespass and also to a bill of the said _C._ against the aforesaid _A._ for one hundred pounds of debt, according to the custom of our court, before us to be exhibited, and have you then there this writ. Witness, Lloyd Lord Kenyon at Westminster, the ---- day of ---- in the 29th year of our reign.

[56] The 'compiler' not finding an example of this indenture in any book, has been tempted to frame something resembling what he conceives it has been. It is, however, more for curiosity than use, as the bailiff seems completely deprived of the benefit of the statute by the modern stamp acts. The effect may nevertheless be attained by a simple memorandum as follows: BE IT REMEMBERED, that _J. K._ esquire, bailiff _&c._ hath certifyed and returned unto _F. G._ and _H. I._ sheriff, _&c._ that by virtue, _&c._ Witness the hands of the said bailiff and sheriff, the ---- day of ---- 1790.

FINIS.

Printed by A. Strahan, Law Printer to His Majesty, Printers-Street, London.