and cents, debt or damage, and dollars and - cents, costs of court, and have given the bond prescribed in section twentyfour of chapter one hundred thirteen of the Revised Statutes, (or have been committed, or have delivered myself into the custody of the jailer), you are hereby notified that I shall submit myself to examination in the manner and for the purposes indicated in section twenty-four, at in , on the- day of in the year of our Lord - noon, being within the time limited in said bond, and you are hereby notified that you may select one of the justices and object if you see fit. Dated at -> in the year of our Lord at o'clock in the debtor.135 8. Return. [Name of county], ss., [date]. I served the within citation on the within-named [creditor], by reading the same aloud to him [or by leaving an attested copy of the same at his place of last and usual abode; or by giving an attested copy thereof to him.] J. C., Deputy-sheriff. Like service may be made on the creditor's attor ney of record in the suit, or any known authorized agent of the creditor if he be alive; otherwise on his executor or administrator, if to be found in the State, if not, with the clerk of the court or magistrate who issued the execution. 9. Appraisement by justices of property disclosed. [Name of county], ss., [date]. It appearing from the disclosure of D. F., a poor debtor, that he possesses the property hereinafter mentioned, which cannot be come at to be attached, and the creditor and debtor in the execution on which said disclosure was made, not being able to agree to apply said property towards the said execution, we, the justices who took said disclosure, appraise said property as follows: A promissory note dated, given by -, to for $, at $-. An account in favor of said [debtor] against D. N. for $—, at $—. 135 Public Laws of 1873, c. 122. amounting in all to $-; and we hereby set off the same, at the value aforesaid, in part satisfaction of said execution. 10. Creditor's discharge of his debtor from arrest. To L. D. S., sheriff [or jailer] of the county of -. You are hereby requested to discharge from arrest [or imprisonment] D. F. [the debtor], and permit him to go at large, he having been arrested [or committed to jail] on an execution against him in my favor, on the day of -, A. D. ~. [Date.] 11. Return of discharge from arrest. [Signature of creditor.] [Name of county], ss., [date]. By virtue of this execution, I arrested the within-named [debtor] and detained him in my custody, until the day of—, A. D. —, when the within-named [creditor] gave a written permission for the said D. F. [debtor] to go at large, whereupon I discharged him. J. C., Deputy-sheriff. This form can be readily adapted by the jailer. PROCEEDINGS AGAINST BAIL. 1. Certificate of commitment of principal by surety, to be made on copy of writ. [Date.] I certify that I have this day committed the withinnamed A. B. to jail in P., in the county of C., and have left with J. B,, jailer, an attested copy of the writ upon which said A. B. was arrested, and of the return indorsed thereon, and of the bail-bond, in discharge of my liability as bail for said A. B. in said action. -. C. D. 2. Notice to plaintiff of surrender of principal. To P. L., of, in the county of Take notice that I have this day of A. D., committed to jail in P., in said county of C., A. B., of —, in said county, in discharge of my liability as bail for said A. B., upon a writ in which you are plaintiff, and said A. B. is defendant, returnable before L. A., a trial justice within and for said county, on the day of at ་་༡ - o'clock, in the noon, and I have left with J. B., jailer, an attested copy of the writ aforesaid, of the return upon said writ, and of the bail-bond taken in said suit. C. D. 3. Form of notice to bail by the officer. [Name of county], ss. To C. D., of › ty of in the county of —, and J. S., of, in the coun Take notice that I have in my hands a writ of execution issued on a judgment recovered before L. A., Esq., a trial justice in and for said county, on the day of, A. D. —, in favor of P. L., of, &c., against A. B., of, &c., for the sum of dollars damages, and dollars cost, returnable on the, on the margin of which your names are inserted as bail for the said A. B. And I hereby certify that I cannot find within my precinct the above-named A. B., nor property wherewith to satisfy the aforesaid execution. My fees for serving this notice are as follows: the Service of the same, .25 Travel from my house, 5 miles, .20 -$0.45 T. K. L., Sheriff. 4. Form of return on execution of notice to bail. [Name of county], ss. [Date of return day of execution.] On day of —, 18—, I gave to [or left at the place of last and usual abode of] C. D., of, &c., and J. S., &c., whose names were inserted in the margin of this execution, as bail for said A. B., on the original writ, each a notice in writing in the words following: insert the notice], and having had this execution in my hands more than thirty days before, and having kept the same in my hands till this return day thereof, and being unable to find the said A. B. in my precinct, I return this execution in no part satisfied. T. K. L., Sheriff. 5. Scire-facias against bail. [Name of county], ss. STATE OF MAINE. To the sheriff of our county of, or his deputy, or to any constable in the town of -, in said county. GREETING. [L. S.] *Whereas, P. L., of —, in the county of― [addition], before me, J. S. H., esquire, a trial justice in and for said county of at the office of -,i n said county, on the day of, A. D.—, at -o'clock in the noon, by the consideration of me, the said justice, recovered judgment against A. B., of—, in said county [addition], in the sum of dollars debt or damage, and - dollars and cents for costs and charges by him about this suit in that behalf expended, whereof the said A. B. is convict, as to me appears of record; and whereas C. D. and J. S., both of in said County [addition], became bail for said A. B. in said action, by giving bond to [the sheriff, or constable, or coroner], which_bond was returned with the writ in said action, and on the day of —, A. D. —, a writ of execution for the damages and costs aforesaid issued on said judgment returnable on the — day of - A. D. on the margin of which execution the names, addition, and places of abode of said C. D. and J. S. were inserted, was delivered to L. D. S. then and ever since sheriff of said county, to be executed; and the said sheriff on the same day, being more than fifteen days before the expiration of said execution, at aforesaid, gave to said C. D. and J. S. each, a notice in writing of the tenor following, to wit, [here insert copy of notice]; and having kept said execution in his hands until the day of, A. D. the return day thereof, then returned said writ to said justice with his return indorsed thereon, as follows: [here insert copy_of return] as by the record thereof fully appears; and the said A. B., while said execution was in force, did avoid, so that he could not be taken or arrested thereon, and did not pay or satisfy said debt and costs; and said judgment, as I am informed, remains in full force, not satisfied, reversed, or annulled.t Now to the end that justice may be done, you are hereby commanded to make known unto the said C. D. and J. S. that they be before me, the said justice, at the office of -, in in said county of, on the day of -, A. D., at- o'clock in the noon, to show cause (if any they have), wherefore the said P. L. ought not to have his execution against them the said C D. and J. S., for his debt and costs aforesaid; and further, to do and receive that which I the said justice shall then consider; and there and then have you this writ, with your doings therein. Hereof fail not. Witness, J. S. H., esquire, at —, in the county of, A. D. -. mons. 6. Form of plea, if written on the back of the scire-facias. And now the said C. D. and J. S. come and defend, &c., when, &c., and say that neither they nor either of them ever became bail for said A. B., as the said P. L. in his writ of scire-facias has alleged, and thereof put themselves on trial. By S. T., their attorney. And the said P. L. likewise. By A. E. D., his attorney. Or they may plead severally. For the judgment, see ante, c. VIII, § 12. 7. Form of judgment for the plaintiff. [Name of county], ss. At a court holden before me, J. S. H. esquire, a trial justice in and for said county, at my office in in said county, on the at day of —, A. D. -noon. o'clock in the P. L., of, in said county, laborer, v. C. D. and J. S., both of in said county, yeomen. In an action of scire-facias, wherein the said P. L. sets forth that [here insert copy of the scire-facias, commencing at * and ending at t, then The plaintiff appears and enters his action; and the defendants come and defend, &c., when, &c., and say that neither they nor either of them ever became bail for said A. B., as the said P. L. in his writ of scire-facias has alleged, and thereof put themselves on trial by their attorney, S. T., and the plaintiff doth the like by A. E. D., his attorney; and after hearing and considering the allegations, evidence, and arguments of the parties, it appears to me that the said C. D. and J. S. did become bail for the said A. B., as is alleged in the writ. It is therefore considered by me, the said justice, that the said P. L. recover against the said C. D. and J. Š. the sum of dollars damages, and costs taxed at dollars. Other judgments on scire-facias may be readily framed from the preceding forms and the forms in c. XV. 8. Form of surrender in court, and order of commitment. [Name of county, ss. Supreme Judicial Court, Present, C. W. W., judge. term, 187-. P. L. v. C. D. as bail of A. B., upon a scire-facias, of which the within is a copy. The said C. D. appears in court, and brings with him A. B., for whom he became bail as alleged in said scire-facias, and moves to be discharged, and it appearing to the court that the costs which have arisen in said suit, and the cost of notifying said C. D. as bail, have been paid: IT IS ORDERED, that said A. B. be committed to the custody of the keeper of the jail, in-, in said county, so that he may be taken in execution, and detained in prison until he shall be discharged in due course of law; and that said C. D. be discharged. C. B. L., Clerk. Attest, 9. Form of surrender before a justice, and order of commitment, to be made on back of copy of scire-facias. [Name of county], ss. At a court holden before me, J. S. H., esquire, a trial justice in and for the county of, at my office in in said county, on the day of, A. D. —: P. L., of —, in said county, laborer, vs C. D. and J. S., both of, in said county, yeomen, as bail of A. B. on scire-facias, of which the within is a copy. And now before final judgment on said scire-facias, the within-named C. D. appears before me, the said justice, at the time and place when and where said writ is made returnable, and brings with him the said A. B., for whom he with J. S. became bail, as alleged in said writ, and has procured the attendance of L. D. S., sheriff of said county, to receive the said A. B., and the said C. D. prays that he and the said J. S. be discharged from their liability as bail as aforesaid. And it appearing to me, the said justice, that the costs on the scire-facias have been paid: IT IS ORDERED, &c., [as in No. 8]. Attest, J. S. H., Trial Justice. CHAPTER XIX. TRUSTEE PROCESS. 1. All personal actions, except those of detinue, replevin, actions on the case for malicious prosecution, for slander by writing or speaking, and for assault and battery, may be commenced by trustee process in the supreme judicial court; or when the amount demanded in damages is not less than five dollars, nor more than twenty dollars, before a municipal or police court, or a trial justice.1 1 R. S. c. 86, § 1. |