custody of the (to wit.) A. B. complains of C. D. being in the custody of 11. Against a the sheriff of by virtue of a certain precept, called a Bill of Mid- Prisoner in dlesex, (or, “writ of our lord the king, called a Latitat,”) issued out of sheriff (ƒ). the court of our said lord the king, before the king himself, against the said C. D. in this suit, and returnable in the same court on — next after, in this same term of plea of trespass on the case upon promises. For that whereas, &c. tine. [15] (to wit.) A. B. complains of C. D. being in the custody of 12. Against a the sheriff of the county palatine of Lancaster, by virtue of a certain prisoner in custody of the writ of our lord the now king, called a Latitat, issued out of the court sheriff of a of our said lord the king, before the king himself, against the said C. D. county pala. in this suit, directed to the chancellor of the said county palatine, or to his deputy there, and returnable in the same court on, &c. in this same term, and also by virtue of a certain other* writ of our said lord the king, under the seal of the said county palatine thereupon duly made, and directed to the sheriff of the same county palatine. For that whereas, &c.- -In Chester, the writ is directed "to the chamberlain of our county palatine of Chester, or to his deputy ;" and in Durham, "to the Rev. Father in God by divine permission Lord Bishop of Durham, or to his chancellor there." franchise. -, (to wit.) A. B. complains of C. D. being in the custody of 13. Where defendant is in the mayor of the borough of — by virtue of a writ of our lord the custody of the king, called a Latitat, issuing out of the court of our said lord the officer of a the king, before the king himself, against the said C. D. at the suit of particular the said A. B. directed to the sheriff of- -. And also by virtue of the said sheriff's mandate, on the said writ, directed to the mayor of the borough aforesaid; of a plea of trespass on the case, on promises. For that whereas, &c. custody of the (to wit.) A. B. complains of C. D. and E. F. the said C. D. 14. Against being in the custody of the sheriff of Middlesex, by virtue, &c. (as two, one in above,) and the said E. F. being in the custody of the marshal, &c. sheriff, and For that whereas, &c. See 10 Wentw. 385. the other of the marshal. 15. Against a defendant sued by a -, (to wit.) A. B. complains of C. D. who was arrested,` (or, "served with process,") by the name of E. D. being, &c. for that whereas, &c. (the right name throughout the declaration afterwards). wrong name. 1 B. & P. 105, 647, 8. 3 East, 167. (f) As to this form, see vol. i. page 287. In this case, since the 4 and 5 W. & M. c. 21. s. 3. if the declaration do not shew at whose suit the defendant is in custody, it will be bad on general demurrer, 2 Lord Raym. 1562, 16. Where one of the before the declaration. (to wit.) A. B. by his attorney, comes and gives the plaintiffs died court of our lord the king before the king himself, at Westminster, in after the issu- the county of Middlesex, to understand and be informed that C. D. ing of writ and now in the custody of the marshal of the Marshalsea of our lord the now king, before the king himself, was arrested by virtue of a certain precept called a Bill of Middlesex, or writ called a Latitat, issuing out of the court of our said lord the king, before the king himself, against him, the said C. Dt. at the suit of him the said A. B. and one E. F.; [*] 16] and that since the issuing the said precept, (ur,* “writ,”) and before this day, to wit, on, &c. the said E. F. died, to wit, at, &c. (the venue in the action ;) and the said A. B. then and there survived him, which the said C. D. doth not deny, but admits the same to be true; and hereupon the said A. B. complains, by his attorney, against the said C. D. of a plea of trespass on the case upon promises, (or as the plea is.) For that whereas, &c. (proceed in the usual way, laying the promises to the plaintiff and his deceased partner, and concluding to the damage of the surviving plaintiff.) 17. Where one of the de fendants died (to wit.) A. B. comes, &c. (as in the last precedent to the dagger (†), and then proceed as follows-)" and one E. F. at the suit of after the issu- the said A. B. and that since the issuing the said precept, (or, “writ,”) ing of the writ, and before this day, to wit, on, &c. the said E. F. died, to wit, at, &c. and the said C. D. then and there survived him, which the said C. D. doth not deny, &c. (as in the above to the end, laying the promises by C. D. and the deceased party.) and before de. claration. 18. CONCLUSION of a declaration in King's Bench (g). 19. Do. in debt, qui tam (i). 20. Do. in trespass. To the damage of the said A. B. of L., and therefore he brings his suit, &c. And therefore (k), as well for our said lord the king, (or, " for the poor of the said parish of―,") as for himself in this behalf, he brings his suit, &c. Pledges, &c. And other wrongs to the said A. B. then and there did, against the peace of our said lord the king, and to the damage of the said A. B. of and therefore he brings his suit, &c. Pledges, &c. (g) This form is proper in every action by bill, except debt qui tam, and , trespass. h) The omission of pledges is not material. 3. T. R. 157. (Ante, vol. 1. 401.) (i) The declaration must not conclude "ad damnum” in a penal action, for a common informer is not entitled to damages. 4 Burr. 2021. 2490. sit or case. Middlesex, (to wit.) (C. D. (1) was attached (m); to answer A. B. 1. In assumpof a plea of trespass on the case upon promises (n); and thereupon the said A. B. by E. F. his attorney, complains (o). For that whereas, &c. (Here state the cause of action, and conclude as follows:) Wherefore the said A. B. saith that he is injured, and hath sustained damage to the amount of L. and therefore he brings his suit, &c. Omit pledges. (to wit.) C. D. was summoned to answer A. B., of a plea 2. In debt (p.) that he render to him the sum of L., which he owes to and unjustly detains from him; and thereupon the said A. B. by attorney, complains. For that whereas, &c. his tam. -, (to wit.) C. D. was summoned to answer A. B. who sues as 3. In debt qui well for our sovereign lord the king, (or, " for the poor of the parish of -, in the county of ") as for himself in this behalf, of a plea that he render to our said lord the king, (or, "to the poor of the said parish,") and to the said A. B. who sues as aforesaid, the sum of L.-—, of lawful money of Great Britain, which he owes to and unjustly detains from them; and thereupon the said A. B. by his attorney, complains. For that whereas, &c. &c. (to wit.) In account, annuity, and detinue, the* defendant is 4. In account, stated to have been summoned to answer, and the plea is described as [18] in K. B. by bill. -, (to wit.) C. D. was summoned to answer A. B. of a plea that he keep with him the covenant made by the said C. D. with the said A. B. according to the force, form, and effect of a certain indenture, (or, "deed poll," or, "articles of agreement," or, " charter party of affreightment,") made between them, &c. (or, if by the assignee of the (*) As perhaps a common capias may be issued before the cause of action arose, the same as in K. B. [see 1. B. & P. 342. 2 B. & P. 234;] it may therefore be advisable to entitle the declaration specially, as in K. B. (see ante, page 12, n. a.) (1) The addition needs not be stated in the declaration, 3 B. & P. 395. (m) As to the distinction between the words attached and summoned, and as to this short recital of the nature of (n) In case or trover, omit the words (o) The omission of these words, though untechnical, is not demurrable, 1 B. & P. 366. (p) Observe the notes to the form in debt in K. B. ante, 13. In an action by or against an executor or administrator, the words in italics must be omitted.. 5. In cove nant. PLEAS. IN COMMON reversion, "made by the said C. D. with E. F. and his assigns," or, if by an heir, "with E. F. and his heir," or, if against the assignee of the reversion, "made by G. H. for himself and his assigns with the said A. B.") and thereupon the said A. B. by his attorney, complains. 6. In replevin.. 7. In trespass. 8. Where one of the plain the writ. For that whereas, &c. (to wit.) C. D. was summoned to answer A. B. of a plea wherefore he took the cattle (or, "goods and chattels,") of the said A. B. and unjustly detained the same against sureties and pledges 'until, &c. and thereupon the said A. B. by his attorney, complains, &c. -, (to wit.) C. D. was attached to answer unto A. B. of a plea wherefore the said C. D. with force and arms, &c. broke and entered, &c. (or, "made an assault, &c." reciting the trespasses at length, but without particularizing the time, number, quantity, or value, &c.) and other wrongs to the said A. B. there did to the great damage of the said A. B. and against the peace of our lord the now king, &c.; and thereupon the said A. B. by E. F. his attorney, complains that the said C. D. on, &c. at, &c. (repeating the trespasses, with the circumstances of time, number, quantity and value, &c.) According to 1 Saund. 318. a. n. 3. the declaration need not recite the supposed writ as above, but may be as in case in C. P. inserting "plea of trespass" instead of "trespass on the case," and omitting the word whereas. See post. the first precedents in trespass. -, (to wit.) C. D. was attached to answer A. and B. of a plea tiffs dies after of trespass on the case, &c.; and thereupon the said A. by E. F. his the issuing of attorney, comes and gives the court* here to understand and be informed, that since the suing out of the original writ in this cause, and before this day, to wit, on, &c. at, &c. the said B. died, which the said C. D. doth not deny, but admits the same to be true; and thereupon the said A. by his attorney aforesaid, complains, that whereas, &c. [* 19] 9. Where one of the defendants dies. The same as the last, mutatis mutandis. 10. CONCLU Wherefore the said A. B. saith that he is injured, and hath sustain SION of a de- ed damage to the amount of L. claration in C. P. (q). 11. Do. in debt, &c. and therefore he brings his suit, Omit pledges. Wherefore, as well for our said lord the king (or, "for the poor.of -,”) as for himself in this behalf he brings his suit, Omit pledges. qui tam (r). the parish of &c. 1 This form will suffice in all cases except in debt, qui tam, and trespass. (r) See the form and note in K. B. ante, 16 note (¿). 'PLEAS 12. In trespass. And other wrongs to the said A. B. then and there did, to the great IN COMMON damage of the said A. B. and against the peace of our lord the king; wherefore the said A. B. saith that he is injured, and hath sustained damage to the amount of L. ; and therefore he brings his suit, &c. Omit pledges. *IN THE EXCHEQUER. In the Exchequer of Pleas. Trinity Term, 51 Geo. 3. IN THE EX- [20] NING of declaration. (to wit.) A. B. a debtor to our sovereign lord the now king, 1. BEGIN cometh before the Barons of his Majesty's Exchequer, on the day of, in this same term, by E. F. his attorney, and complains by bill against C. D. present here in court the same day, of a plea of trespass on the case on promises (or as the form of action may be) For that whereas, &c. (to wit.) A. B. executor of the last will and testament of E. 2. Do. at the suit of an exeF. deceased, (or, ❝ administrator of all and singular the goods, chattels, cutor or admit and credits, which were of E. F. deceased, at the time of his death, nistrator. who died intestate,") and a debtor to our lord the now king for the debts of the said E. F. cometh before the barons, &c. (as above.) (to wit.) To the damage of the said A. B. of whereby 3. CONCLU SION of the he is the less able to satisfy our said lord the kg the debts (or, if at declaration. the suit of an executor or administrator," the debts of the said E. F.") which he owes his majesty at his said Exchequer; and therefore he brings his suit, &c. Pledges to prosecute John Doe, { and Richard Roe. |