What parties, plaintiffs, must sigu note. When to be sealed. No stamp. If plaintiff cannot attend. Where plaintiff must sign it. When allowance to be paid. In what coin. Times for bringing up prisoners in town. K. B. C. P. If in the country. Power of judge at the assizes. What must be included in the schedule. Exception. Where partners are plaintiffs, and one signs the note, he must sign it for himself and partners. Meux v. Humphrey, 8 T. R. 25. Where there are several plaintiffs, not partners, all must sign the note. The King v. Wilkinson, 7 T. R. 156; so one executor, without mentioning the rest, is bad. La Pine and Others, executors v. Bailey, 8 T. R. 325. A corporation may seal the note with its seal. Doc, d. Cutlers' Company v. Hogg, 1 N. R. C. P. 306. No stamp is necessary, Tekell v. Casey, 7 T. R. 670. Bowring v. Edgar, 1 B. & P. 271. And it is valid though it do not state the style of the court in which action is brought. Anon. 2 Sm. R. 642. If plaintiff cannot attend attorney may make affidavit that he saw him sign, and that he witnessed the note, but it must be delivered in court. 2 Sel. 350. who cites Impey, K. B. 646; and where the affidavit was written on the same paper with the note, and not properly entitled, though the note was, the prisoner was discharged. Buckley v. Tweedie, 2 Sm. R. 393. If he be in England the plaintiff must sign the note. 2 Sel. 350. n. The allowance must be paid to the turnkey only on the debtor's side, when due, that is, every Monday, 1 Sel. 351. n.; payment to the person who opened the prison door was considered good. Parsons v. Salmon, iN. R. 111; before ten at night, Fisher v. Bull, 5T. R. 36; and, if the turnkey do not object, a French half crown is a good payment, ib. n. Mondays and Thursdays are the days for bringing up debtors under the Lords' Act, R. H. 37 G. III. within twenty miles of Westminster Hall; and in the Exchequer at the rising of the 5 Price, 648. court. In Hilary and Michaelmas Terms on the days appointed for the Loudon Sittings at N. P. and on Saturdays. In Easter on the days appointed for the same sittings, on Tuesdays, and on the last Saturday in term. In Trinity Term on the days appointed for the same sittings, and on Tuesdays within twenty miles of Westminster Hall. R. M. 47 G. III. R. M. 46 G. III. 2 N. R. C. P. 98. The 32 G. II. c. 28. s. 15. provides, that if the prisoner is charged in execution above twenty miles from Westminster Hall, or the court out of which the execution issued, the rule requires him to be brought to the next assizes, and that the creditor be summoned to appear there, and a copy of such rule is to be served on such creditor, his executors, &c. or left with his or their attorney fourteen days at least before the holding such assizes. The court or judge of assize hath like powers of determination, as the courts at Westminster, and the Forms with relation to the assignment, &c. are the same. The practitioner should be aware that whatever a prisoner might sell for his own benefit must be included in the schedule. Flarty v. Odlum, 3 T. R. 681; as for instance, the place of life-guardsman; which he must sell before he can avail himself of the act, and must insert the value in his schedule, recognized ubi supra. Jones's case, M. 14 G. III. 1 Tidd, 388. But half-pay as an officer is not an object of sale, and therefore need not be inserted in the schedule. Flarty v. Odlum, 3 T. R. 641; nor the profits of the ecclesiastical benefice. Arbuckle and Another, assignees, &c. v. Cowtan, 3 B. & P. 321. PRACTICAL DIRECTIONS. ON THE PART OF THE PRISONER. K. B. The above abstracted acts are very particular in directing the proper steps to be taken on the part of the prisoner, but some material points will be briefly noticed.-See FORMS subjoined. Upon the notice of the prisoner's intention being duly served, leave If prisoner is in the petition, with an affidavit of defendant's signature, a certificate or custody of marcopy of causes with which defendant stands charged, which is to be ob- shal. tained from the office of the clerk of the papers at the King's Bench prison; and lastly, an affidavit of the due service of the notice with the clerk of the rules; obtain rule; serve one copy of same on the plaintiff, or his attorney, personally, and another on the marshal. The rule specifying the day when the prisoner is to be brought into court, be in court on that day ready with an affidavit on unstamped paper of the service of the copies of such rule, annexing the original rule; and if there be no valid objection to the schedule, and the plaintiff do not offer the note to pay the allowance, the prisoner will, on executing the assignment of the estate or effects mentioned in the schedule, be discharged. Be in court by half-past nine o'clock. Get gaoler's certificate of the causes; make affidavit on unstamped If in a county paper of having seen him sign same; take same with petition, affidavit gaol. of service, the affidavit of the signature of the gaoler to the certificate to the clerk of the rules, who draws up the rule for the prisoner to be taken to the assizes; pay for same 2s. 6d.; serve copy at least fourteen days before the assizes on creditor, or his attorney, as before mentioned, and also on the gaoler; be ready at the assizes with affidavit of such respective services, and if no cause shewn, prisoner will be discharged. ON THE PART OF THE CREDITOR. K. B. If, satisfied with, or unable to contradict the schedule the creditor be willing to give the allowance, he may attend on the day appointed, and sign and deliver the note in open court for the same to the defendant; but if he cannot attend, an affidavit must be made of his signature to the note; it must be duly witnessed by his attorney; and if the note so verified be then delivered, the prisoner will be remanded. The first payment is commonly made at the time of delivering the note. If the creditor desire further time to enquire into the truth of the schedule, it is granted of course; and he may file interrogatories, which must be answered before the prisoner can avail himself of the act. By R. E. 36G. III. K. B. the interrogatories must be filed with the clerk of the rules, who thereupon draws up a rule for the debtor's examination before the master, to whom the original interrogatories are to be delivered. Get master's appointment on the rule, and serve copy of same on the prisoner. The debtor having been previously sworn in open court for the purpose, the master proceeds to take down, in writing, the examination of the debtor in answer to such interrogatorics; and he is to sign such answer; these interrogatories, and the answers, are to be filed with the clerk of the rules, and read when the debtor shall, on a subsequent day, be brought up by rule for that purpose. If in the country. No. 1. The notice. No. 2. The schedule. ON THE PART OF THE PRISONER. C. P. The practical directions are the same as in K. B. except as to the different offices and officers. The petition, affidavit, and certificate of causes of the clerk of the papers of the Fleet prison, must be filed with the secondary, who draws up the rule (2s. 6d.) to be copied and served on the plaintiff, or his attorney, (at the same time shewing the rule) and on the warden, or gaoler, if a country cause. ON THE PART OF THE CREDITOR. C. P. And as to the interrogatories it may be observed, that whatever is directed to be done in relation to the office of the clerk of the rules of the King's Bench, will be executed by the secondary of this court; and whatever is to be done by the master of the King's Bench, with respect to the interrogatories, will be executed by the prothonotary. See 3 J. B. Moore, 317. If in the country, the practical directions the same as K. B.-mutatis mutandis. Take notice, that I intend, at the expiration of fourteen days from the delivery hereof, (or so soon after as I can be heard) to petition his majesty's court of for such relief and benefit as I am entitled to by virtue of an act of parliament, made and passed in the thirty-second year of the reign of his majesty king George the Second, intituled "An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons," &c. and also of an act made and passed in the thirty-third year of the reign of his late majesty king George the Third, intituled "An Act for the further Relief of Debtors," &c. and also of an act made and passed in the thirty-seventh year of the reign of his late majesty king George the Third, intituled "An Act to amend so much of the first-mentioned Act as relates to the Weekly Sums thereby directed to be paid to Prisoners in Execution for Debt, in the Cases therein mentioned." And that I have no debts, estates, or effects whatsoever; nor had I at the time of my first imprisonment in this action, or at any time since, either in possession, reversion, remainder, or expectancy, other than and except, (if the prisoner possess any property he must say "what are mentioned and contained in the schedule or inventory hereunto annexed, and") the necessary wearing apparel and bedding for myself and family, and at the A schedule or inventory of all the estate and effects which I a prisoner in execution in the custody of suit of or any person or persons in trust for me, was or were possessed of or entitled unto at the time of my first imprisonment at the suit of the said or at any time since, either in possession, reversion, remainder, or expectancy, other than and ex cept the necessary wearing apparel and bedding of or for me and my family, and the tools or instruments of my trade or calling, not exceeding ten pounds in value in the whole. As witness my hand, this day of [Court.] one thousand eight hundred and [Here set forth particularly the nature of the property, dis- Estates must be sufficiently described, but if the prisoner be If the prisoner possess goods, he must particularize them. Between plaintiff. of in the parish of —— in the county of maketh oath and saith that this deponent was present and did see the above-named sign his name (or mark) to the notice and schedule hereunto annexed, on the day of the date thereof, and also to a copy of the same. And that the name subscribed as a witness thereto, is the proper hand-writing of this deponent. Sworn in the parish of (Deponent's name.) plaintiff. in the county of maketh oath and saith that this deponent did, on the day of serve the above named plaintiff with a true copy of the notice and schedule hereunto annexed, by delivering the No. S. Affidavit of the signature to be annexed to the last precedent. No. 4. Affidavit of the service of the notice and sche dule. That your petitioner is a prisoner in at the suit of for the sum of (Prisoner's name.) charged in execution annexed more fully appears. That your petitioner hath not, at the time of exhibiting this his petition, nor had he at the time of his first imprisonment in this action, or at any time since, any debts, estate, or effects whatsoever, either in possession, reversion, remainder, or expectancy, other than and except (if the prisoner possess any property he must say "what are mentioned and contained in the schedule or inventory hereunto annexed, and") the necessary wearing apparel and bedding for himself and family, and the tools or instruments of his trade or calling, not exceeding the sum of ten pounds in value in the whole. Your petitioner being willing and desirous to conform himself to the directions of the said several acts, most humbly prays your lordships to grant a rule or order of this honorable court for the plaintiff to shew cause why he should not be discharged pursuant to the said acts. And as in duty bound your petitioner will ever pray, &c. (Prisoner's name.) N. B. If necessary add schedule; same as that annexed to the notice, No. 2. No. 6. Affidavit of the gaoler's signature of certificate. [Court.] of maketh oath and saith that he, this depo nent, did see the keeper of his majesty's gaol or prison of Sworn No. 8. The note. (Deponent's name.) plaintiff. defendant. maketh oath and saith that he, this depo Between { of nent, did on the Sworn day of instant, personally serve the with a true copy of the rule hereto annexed. (Deponent's name.) with a true copy, &c. by If the service were not personally on the plaintiff, say, after the word, "instant," serve the above named delivering the same to the wife or servant of the said dwelling-house or place of abode, situate at to at his in (Deponent's name.) hereby promise to pay and allow three shillings and sixpence per week, weekly, on Monday in every week, for so long time as he shall continue in prison in execution at my (or our) suit. As witness my hand, this day (Plaintiff's signature or signatures.) · was present and did see the above-named (or mark) to the note hereunto annexed on the day of the date there- proper hand writing of this deponent. Sworn (Deponent's name.) Abstract of stat. AMBASSADOR. By stat. 7 Ann. c. 12. s. 3, all writs and processes that shall be sued or prosecuted, whereby the person of 7 Ann. c. 12. |