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to merit or deserve such ill treatment. And this deponent 7. H. for himself faith, That he was present at the several times mentioned by the other deponent, and that he did see the said P. C. ill treated in manner and form as by him above deposed: and this deponent faith, That he did not see or hear the said P. C. lay or do any thing, in this deponent's hearing, to deserve or merit such ill treatment: and this deponent P.C. for himself, further faith, That he has been informed, and wbich information this deponent believes to be true, that the said 7. D. is a person of good circumstances, and well able to make satisfaction for the said ill treatment: and this deponent lastly faith, That he is informed that the said J. D. will soon depart this realm; and unless he be held to bail, this deponent will be deprived of that satisfaction to which he thinks himself entitled by the laws of this country.

It seems that an order has been refused on the plaintiff's own affidavit.

Process.

Proces,

PROCESS is that by which a man is called

into any temporal court, because it is the beginning or principal part thereof by which the rest is directed : or, if taken strictly, it is the proceeding after the original and before judgment. Britton 138. Crompton of Courts 133. 8 Rep. 157. Process to call persons into court, &c. must be in the name of the king; and if it issue from the superior court, it ought to be under the tefte of the chief justice, or of the

senior judge of the court, if there be no chief juftice ; and if it issues from any other court, it is to be under the tifte of the firft in commission. Dalt.ch.

132. Finch 436. Cro. Car. 393. No fpecial writs

By the 5 Geo. 2. 6. 27. feat. 5. it is enacted, That Thall issue in

where the cause of action thall not amount to ten Suits where the cause of action pounds or upwards in any superior court, or to forty does not amount shillings or upwards in any inferior coure, no special to 101,

writ or writs, nor any process specially therein, exprelling the cause or causes of action, shall be sued forth or issued from any such superior or inferior court respectively, in order to compel any person to appear in such court or courts; and all proceedings and judgments, that ihall be had on any such writ or process, shall be void ; and every attorney, &c.

suing forth or issuing out such writ or process, thall on penalty of vol. forfeit ten pounds to the persons aggrieved, who

may recover the same by action of debt, &c. Attorney's name The name of the attorney shall be indorsed on muß be indoried the writ or procefs to be issued, Stat. 2 Geo. 2. c.23. on the

se&22.; as also on the warrant granted by the Theriff, on pain of 5l. But the not indorfing the name of the attorney on the warrant, shall not vitiate the same, provided the writ be regularly subscribed. 22 Gco. 2.

c. 13. fect. 4. Barnes 329. 412. Lagget v. Watkins.

Of Of commencing an allion in this court by commin capias.

The method of commencing an action in this the method of court if the defendant is to be holden to boil, is as commenting the

fuit by common follows:

capias, is bailPrepare an affidavit of the plaintiff's demand, abie. ingrofs it on a treble fixpenny stamp paper, which is to be sworn before a judge, or the filacer of the county where the writ issues; then prepare a precipe for the writ, which must be adapted according to the nature of the action, and a capias (which may be had in a couatry at the stationer's already printed, except the ac-eticm), cause the affiand also a warrant or memorandum to prosecute before a com. the suit pursuant to the statute 25 Geo. 3. c. 80. millioner there, on a 2 s. 6 d. stamp: take the affidavit, precipe, capias and warrant to the proper filacer, who will sign fame, pay 2 s. 2 d.; then go to the fcal office, No. 3, Inner Temple Lane, and get fame sealed, pay 7 d. The warrant is obtained at the sheriff's office (if in Middlesex, in Took's Court, CurfirorStreet); if in London, in Grocer's alley, in the Poultry, pay 4.d.; if in Surry, Elix, or Kent, pay 6 d.; any other county, 2 s. 6 d.

The necessary precedents for the warrant or memorandum, writ and precipe, will be as follow.

In the Court of Common Pleas. Middlesex, Richard Nix is retained to prosecute, Warrant to to wit. by Richard Fenn, as his attorney, lamp.

profecute. 25. 6d against John Denn.

Richard Nix, plaintiff's attorney. No.

on the file. If by an agent to the solicitor immediately re. tained, add, by G. H. his agent.

Entered or filed of record this in the 30th year of king Geo. III.

(Oficer's Name.) These latter words are wrote by the filacer.

None of the duties mentioned in the act are to None of the be charged to the client; if they are charged, then duties to be

charged, &c,

}

day of

to

to be disallowed: or if paid, the attorney to refund,

and pay costs. 25 Geo. 3. c. 80. f. 20. Agents to be re. The agents are to be repaid the 2 s. 6 d. ftamp paid the as, 6d. for the memorandum or warrant, by the solicitor

employed in the suit. fe&t. 25. Czpias in debt

George the Third, by the grace of God, of Great requiring bail. Britain, France, and Ireland, King, Defender of

the Faith, and so forth, To the sheriff of Middlesex, greeting: We command you, that you take John Denn, late of Weftminster, in your county, yeoman, and Richard Roe, late of the same place, yeoman, if they shall be found in your bailiwick, and them safely keep, so that you may have their bodies before our justices at Westminster, in eight days of Saint Hilary, to answer Richard Fenn, in a plea wherefore, with force and arms, the close of the said Richard at Wefiminfter they broke, and other

wrongs to him did, to the great damage of the said Ac-eriam.

Richard, and against our peace; and also that the faid John Denn may answer the said Richard Fenn,

according to the custom of our court of Common Bench, The penalty of in a certain plea of debt upon demand, for one hundred the bond,

pounds; and have you there this writ. Witness Alexander Lord Loughborough, at Westminster, the 28th day of November, in the 30th year of our reign.

J. P. Attorney

Inner Temple,

20 January 1790. Indorse the attorney's name and Oath for sol.

fum sworn to on the back, per affidavit filed.

Make a præcipe for the filacer thus, on plain paper. Præcipe for the Middlesex, Capias for Richard Finn against John office.

to wit.

Denn, late of Westminster, in the said county, yeoman, trespass at IVestminster, debt for 100l. returnable in eight days of Saint Hilary.

7. P. Attorney. Oath for 501.

Inner Temple, 20 January 1790

The

}

The writ of capias must be made on a general Return. return day. 1 Barnes 295. Lloyd v. Beeflon. And there must be fifteen days becween the teste and return. 2 Wilf. 117. Atkinson y. Taylor. Barnes 409. Williams v. Faulkner. But it may be tested before the cause of action accrued in every case (except where the plaintiff proceeds to an outlawry); and such tefte must bear date in term.

It is not necessary to add the filacer's name to a Filacer's name. capias. Froffv. Eyles and Jaques. H. Blacks. Rep. 120.

George the Third, &c. To the sheriffs of London, Capias ia case, greeting. We command you that you take Richard Fenn, late of Westminster, in your county, yeoman, and Richard Roi, late of the same place, yeoman, if they may be found in your bailiwick, and them safely keep, so that you may have their bodies before our justices at Weftminster in eight days of Saint Hilary, to answer John Denn, in a plea wherefore with force and arms the close of the said John Denn, at London, they broke, and other wrongs to him did, to the great damage of the said John Denn, and against our peace; «s and also that the Ac.etiam.

said Richard may answer the said John, according " to the custom of our court of Common Bench, in a certain plea of trespass on the case, upon promises, " to the damage of the said John of thirty pounds;" and have you there this writ. Witness Alexander Lord Loughborough, at Westminsler, the 28th day of November, in the 30th year of our reign.

London. Capias for John Denn against Richard The præcipes Fenn, late of Westminster, in the said county, yeoman, trespass at Westminster. Case for 301. upon promises, returnable in eight days of Saint Hilary,

7. P. Attorney Oath for 151.

Inner Temple,

2d January 1790 This court cannot amend an original writ, be- Amendment of cause it issues out of the court of chancery; yet

capias in the this court can amend all mesne process, and also an

attach

tefte,

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