of

day of

in the county of, gentleman, and this deponent, of the other part; and which said articles were executed on the 18-, and duly enrolled in the same court, on the day of 18—, as appears by the certificate of the proper officer. And this deponent further saith, that he was duly admitted an attorney of his said majesty's court of at Westminster, on 18-, and still continues on the roll of at

the

day of

tornies of the said court a.

Sworn, (&c.)

E. D.

a For the mode of admitting an attorney of K. B. or C. P., in the Ex

chequer, on the above affidavit, see Dax Excheq. Pr. 2 Ed. 18, 19.

CHAP. IV, V, VI. IX.

WRITS of SUMMONS, and DISTRINGAS; and PROCEED

INGS thereon.

(the county into which the writ is to be issued.) Writ of in the said county, in

summons, for A. B. against C. D.a of
an action on promises, (or "of debt ", &c. as the case may be).
E. F. of, plaintiff's attorney, (or agent;)

or, if the plaintiff sue in person,

($ 2.)

Writ of sum

mons.

Ante, 65. 67. 103.

William the Fourth, by the grace of God, of the united kingdom of Great Britain and Ireland king, defender of the faith: To C. D. of in the county of greeting: We command you, that

within eight days after the service of this writ on you, inclusive CH. IV,
of the day of such service, you do cause an appearance to be en-
tered for you, in the court of King's Bench, (Common Pleas, or
Exchequer of Pleas,) in an action on promises, (or, of debt, &c.

as the case may be,) at the suit of A. B. And take notice, that in Ante, 76.
default of your so doing, the said A. B. may cause an appearance
to be entered for you, and proceed therein to judgment and ex-
ecution. Witness Sir Thomas Denman knight, (in K. B.; or, in
C. P." Sir Nicolas Conyngham Tindal knight," or, in the Exche-
quer," John Singleton, Lord Lyndhurst,") at Westminster, the
day of, in the year of our reign.

&c.

N. B. This writ is to be served within four calendar months ($ 3.) Memorandum from the date thereof, including the day of such date, and not to be subscribed afterwards.

This writ was issued by E. F. of , attorney for the said A. B. Or, (if no attorney be employed,) "This writ was issued in person by A. B. 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's residence, if any such).

The plaintiff claims -l. for debt, and —l. for costs; and if the amount thereof be paid to the plaintiff, or his attorney, within four days from the service hereof, further proceedings will be stayed.

This writ was served by me X. Y. on C. D. (the defendant,) on the

day of

18-.

thereto.
Ante, 69.

X. Y.

($ 6.) Indorsement to be made on writ, after service.

Ante, 74.

(County.) Writ of summons, for A. B. against C. D. of

in the said county, Esquire, (having privilege of parliament,)
-7. in an action on promises, &c. (as in § 1.)

Esquire,

William the Fourth, &c. (§ 2.) To C. D. of having privilege of parliament, greeting: We command you, that within one calendar month next after personal service hereof on you, you do cause an appearance to be entered for you, in our court of King's Bench, (Common Pleas, or Exchequer of Pleas,) in

($ 7,8.) Præcipe for, and writ of summons,

against member of parliament, to enforce provisions of stat. 6 Geo. IV. c. 16.

§ 10.

Ante, 67. 75, 6.

CH. IV, &c. an action on promises, (or, of debt, &c. as the case may be,) at the suit of A. B.: And you are hereby informed, that an affidavit of debt for the sum of -l. hath been filed in the proper office, according to the provisions of a certain act of parliament, made and passed in the sixth year of the reign of his late Majesty king George the Fourth, intituled "An Act to amend the Laws relating to Bankrupts"; and that unless you pay, secure, or compound for the debt sought to be recovered in this action, or enter into such bond as by the said act is provided, and cause an appearance to be entered for you, within one calendar month next after such service hereof, you will be deemed to have committed an act of bankruptcy, from the time of the service hereof. Witness, &c. (§ 2.)

($ 9, 10.) N. B. This writ is to be served within four calendar months Memorandum from the date thereof, including the day of such date, and not afterto be subscribed thereto; and di- wards. rection for indorsement

thereon.

Ante, 69. 75, 6.

($ 11.) Return of non

est inventus, to writ of summons.

Ante, 51. 77. 107.

This summons is to be indorsed with the name of the plaintiff, or his attorney, in like manner as the writ of summons, (ante, § 2.) or capias, (post, § 274.)

The within named C. D. is not found in the county of within two hundred yards of the border thereof.

E. F. plaintiff's attorney.

Or,

or

A. B. the above named plaintiff in person, (if the writ was so issued.)

($ 12.) Præcipe for an

alias and pluries writ of sum

mons.

Ante, 77.
($ 18.)

Alias, and plu-
ries writ of sum-
mons.

Ante, 76.

(5 14.) The like, into another county. Ante, 76, 7.

William the Fourth, &c. (§ 2.) To C. D. of -
of- -, greeting: We command you, as before (or,
we have commanded you, that within eight days, &c.

William the Fourth, &c. (§ 2.) To C. D. of in the county of county of

late of

in the county

66

as often ") (id.)

in the

(original

county.) We command you, as before (or, often) we have commanded you, &c. (as in § 2.)

The writ of summons, which is continued by this writ, was dated

($ 15.) Memorandum of

writ.

A. B. plaintiff,
and

C. D. defendant.

1. K. of, clerk to E. F. gentleman, attorney for the abovenamed plaintiff, maketh oath and saith, that having been directed by the said E. F. to serve the above-named defendant personally, with a copy of a writ of summons, which appeared to this deponent to have been regularly issued out of, and under the seal of this honorable court, on the day of instant, (or last,) against the said defendant, at the suit of the said plaintiff, and a true copy whereof is hereunto annexed, (annexing a copy of the writ to the affidavit,) to which said writ a memorandum was subscribed, and indorsements were made thereon, pursuant to the statute in such case made and provided, he this deponent did, on the day of — instant, (or last,) attend, for the purpose of serving such copy, at the dwelling house (or place of residence)

of the said defendant, being No. rish of ——, in the county of

in

street, in the pa

-; and, on enquiring after the

said defendant, was informed by a person in the said dwelling house,
(or place of residence,) who represented herself (or himself) to be,
and whom this deponent believes to have been, the wife (or son,
daughter, or servant, &c.) of the said defendant, that the said de-
fendant was not at home, (&c.) and this deponent then stated to
the said wife (or son, &c.) of the said defendant, the nature of his
business, and informed her (or him), that he called to serve the said
defendant with a copy of a writ of summons, at the suit of the said
plaintiff; and that he this deponent would call again for that
purpose, at the said dwelling-house (or place of residence) of
the said defendant, on the
then next, at
of the clock in the forenoon. And this deponent further saith,
that he did accordingly attend at the said dwelling-house (or place
of residence) of the said defendant, for the purpose aforesaid, at
of the clock in the forenoon of the said

This memorandum must be indorsed on, or subscribed to every writ, issued in

day of

day of

in

continuation of a preceding one, to save
the statute of limitations. Ante, 51. 77.

date of first

CH. IV, &c. stant, (or last;) and then saw the said wife (or son, &c.) of the said defendant, who informed this deponent, that, &c. (stating the substance of what passed, and the answers given to the deponent's enquiries;) and thereupon this deponent again stated to the said wife (or son, &c.) the nature of his business, and informed her (or him) that he would call again, for the purpose of seeing the said defendant, and serving him with a copy of the said writ, at his said dwelling-house, (or place of residence,) on

the

then next, at

purpose aforesaid, at said day of

the

day of of the clock in the forenoon. And this deponent further saith, that he did accordingly attend at the said dwelling-house (or place of residence) of the said defendant, for of the clock in the forenoon of the instant, (or last;) and then saw the said wife (or son, &c.) of the said defendant, who informed this deponent, &c. (according to the fact): whereupon this deponent then and there delivered to and left with the said wife (or son, &c.) of the said defendant, a true copy of the said writ of summons, with the said memorandum subscribed thereto, and indorsements thereon, and desired her (or him) to give it to the said defendant, as soon as possible. And this deponent further saith, that he hath used all due means in his power, to serve the said defendant with a true copy of the said writ of summons; but that he hath not been able to do so; and, for the reasons aforesaid, he verily believes that the said defendant keeps out of the way, to avoid personal service thereof. And this deponent further saith, that the said defendant hath not appeared to the said action, according to the exigency of the said writ, and cannot be compelled to do so, without some more efficacious process b.

Sworn, (&c.)

a If the reasons to be collected from the answers given to the enquiries made after the defendant, are not likely to be sufficient to induce the court to believe that he keeps out of the way to avoid being served, other reasons must be stated, to satisfy the court that this was the case; such as that the defendant was denied to the deponent when at home, &c.

b The above form will of course vary, according to circumstances: and it will

I. K.

be observed, that it is in many respects similar to that which was before required by the statutes 51 Geo. III. c. 124. § 2. and 7 & 8 Geo. IV. c. 71. § 5, in cases where the plaintiff proceeded by original or other writ, and summons or attachment thereupon, &c. against any person not having privilege of parliament; as to which see Tidd Prac. 9 Ed. 113, 14. 155, 6; and for the proceedings on these statutes, see Append. thereto, Chap. V. § 14, &c.