ON BAIL BONDS The condition executors, administrators, or assigns, with and under a certain condition thereunder written, that if the said C. D. (or, if against the bail," if the said G. H.") should appear before our said lord the king, at Westmin- thereof. ster, on next after, to answer the said A. B. in a plea of trespass, and also to a bill of the said A. B. against the said C. D. for L., upon promises, according to the custom of the said court of our said lord the king, before the king himself, to be exhibited, that then the said obligation should be void, otherwise should be and remain in full force and virtue; as by the said writing obligatory, and the condition thereof, reference being thereunto had, may more fully and at large appear. And the said A. B. in fact saith, that the said C. D. did not ap- Breach of con pear before our said lord the king, at Westminster, on ——— next after dition by non plaintiff. (w), in the condition of the said writing obligatory mentioned, ac- appearance. cording to the exigency of the said writ, (or "precept,") but therein wholly failed and made default, whereby the said writing obligatory became forfeited. And the said A. B. further saith, that the said writ- Assignment ing obligatory being so forfeited, and the money therein specified reof bond to maining unpaid and unsatisfied to the said sheriff, he the said E. F. (x) so being sheriff of the said county of —as aforesaid, afterwards, to wit, on, &c. (y) to wit, at, &c. aforesaid (z), at the request of the said A. B. the plaintiff in the said suit, by an indorsement on the said writing obligatory, duly (a) *made and attested, in the presence of and attested by two (b) credible witnesses, and sealed with the seal of office of sheriff of the said county of, assigned the said writing obligatory to the said A. B. according to the form of the statute in such case made and provided (c). As by the said assignment indorsed on the same writing Profert, obligatory as aforesaid, and duly stamped (d) before the commencement of this suit, according to the form of the statute in such case made and provided, and to the court of our said lord the king now here shewn, (e) the date whereof is the day and year last aforesaid, may more fully appear. By means whereof, and by force of the statute (ƒ) in such case [214] ON BAIL 23. The like as made and provided, an action hath accrued to the said A. B. (g) as assignee of the said E. F. so being sheriff of the said county of aforesaid, to demand and have of and from the said C. D. the said sum of L.——, above demanded. Yet the said C. D. (although often requested so to do) hath not as yet paid the said sum of L.——, above demanded, or any part thereof, to the said E. F. before the said assignment, or to the said A. B. assignee as aforesaid, or either of them, since the said assignment, but hath hitherto wholly neglected and refused so to do, and still doth neglect and refuse to pay the same, or any part thereof, to the said A. B. assignee as aforesaid. To the damage of the said A. B. as assignee as aforesaid, of L., and therefore he brings his suit, &c. [Commencement as in the last precedent.] Pledges, &c. For that whereas the said A. B. on, &c. sued and prosecuted out of when the pro- the court of our lord the now king before the *king himself, the same ceeding in the first action court then and still being holden at Westminster, in the county of was by special Middlesex, against the said C. D. a certain writ of our said lord the capias (h). [215] king, called a special capias ad respondendum, (or if a testatum, &c. according to the fact,) directed to the sheriff of -, by which said writ our said lord the king commanded the said sheriff to take the said C. D. if he should be found in his bailiwick, and him safely keep, so that he might have his body before our said lord the king, on wheresoever our said lord the king should then be in England, to answer the said A. B. in a plea of trespass on the case on certain promises and undertakings therein mentioned, to the damage of the said A. B. of L., as it was said, and that the said sheriff should then have there that writ; which said writ afterwards, and before the delivery thereof to the said sheriff of, &c. [Proceed as in the last precedent, to the end, except in the statement of the condition of the bail bond, (which is for appearance on a general return day " wheresoever," &c.) and in the breach thereof.] In the Common Pleas. Trinity Term, 51 Geo. 3. (to wit.) C. D. was summoned to answer A. B. assignee of bond in C. P. E. F. Esq. sheriff of the (g) This must be accurate, 1 B. & P. 58. (h) Observe the notes to the precedent, ante, 210 to 214, which are here in general applicable. according to the form of the (i) Observe the notes to the precedent, ante, 210 to 214, which are here in general applicable. See a precedent which differs from this in 2 Rich. C. P. 248. and 7 Wentw. 530, Index. statute in such case made and provided, of a plea that he render to ON BAIL BONDS. [* 216] In the Exchequer. Trinity Term, 51 Geo. 3. , (to wit.) A. B. assignee of E. F., sheriff of the 25. The like in the Exchecounty of according to the form of the statute in such case quer (j). made and provided, and a debtor to his present majesty, comes before the barons of his majesty's Exchequer, on the day of in this same term, by G. H. his 'attorney, and complains by bill against C. D. present here in court the same day, of a plea that he the said C. D. render to the *said A. B. as assignee as aforesaid, the sum of [217] L., of good and lawful money of Great Britain, which he owes to and unjustly detains from him. For that whereas the said A. B. heretofore, to wit, on, &c. sued and prosecuted out of the said court of our said lord the king of his Exchequer, at Westminster, in the county of (j) See the notes to the precedent, ante, 210 to 214, ON BAIL BONDS. to answer Middlesex, a certain writ of our said lord the king, commonly called a ON REPLEVIN *Markham and Le Blanc (k). BONDS. [* 218] 26. By the as signee of a replevin bond ———, (to wit.) (m) A. B. assignee of E. F. Esq. sheriff of the county of -, according to the form of the statute (n) in such case where the made and provided, complains of C. D. being, &c. of a plea that he proceedings in render to the said A. B as assignee as aforesaid, the sum of L.-, repievin were removed by of lawful, &c. which he owes to and unjustly detains from him, &c. e. fa. lo. into K. B. and the plaintiff obtained judg ment there. (k) The action may in all cases be in one of the courts at Westminster, 5 T. R. 195:-It should be in name of the avowant or person making cognizance, 1 B. and P. 378. It must, when the proceedings in replevin have been removed, be brought in the court in which the re.fa. lo. is returnable, as on a bail bond, 2 Sell. Prac. 267, ante, 210. n. co (1) As to the title, ante, 210. n. d. and 12. n. a. (m) The venue may be laid in any county, ante, 210. n. e. (n) The 11 Geo. 2. c. 19. s. 23. enbles the assignee of the sheriff to sue in his own name.-The decisions as to the action on bail bonds are in genera applicable. BONDS. replevy. For that whereas heretofore, to wit, on, &c. (o) at, &c. (#) the said A. ON REPLEVIN B. (9) distrained the goods and chattels of one G. H. hereinafter mentioned, for a certain sum of money then due to the said A. B. for rent. And the said goods and chattels being so distrained, the said G. H. The distress for rent. afterwards, and within the space of five days then next ensuing, to wit, on, &c. at, &c. aforesaid, made his plaint to the said E. F. then Application to being sheriff of the county of '" out of the county court of the the sheriff to said sheriff, of the taking and unjustly detaining of the goods and chattels of the said G. H. by the said A. B. and then and there prayed the said sheriff that the said goods and chattels might be forthwith replevied by the said sheriff, and delivered to the said G. H. And The replevin bond taken. thereupon the said E. F. so being sheriff of the said county of according to the form of the statute in such case *made and provided [219] (r), did take from the said G. H. and from the said C. D. and one I. K. as two responsible sureties, a bond in double the value of the said goods and chattels so distrained as aforesaid, (the value of the said goods and chattels having been on that occasion first ascertained by the oath of a credible witness duly sworn, according to the form of the statute in such case made and provided) (s). And the said G. H. and the said C. D. and I. K. on the said, &c. at, &c. aforesaid, by their certain writing obligatory, sealed with their respective seals, and now shewn to the court of our said lord the king, before the king himself here, the date whereof is the day and year last aforesaid, did jointly and severally acknowledge themselves to be held and firmly bound unto the said E. F. so being sheriff of the said county of, in the said sum of L.-, above demanded, to be paid to the said sheriff when he the said G. H. and the said C. D. and I. K. should be thereunto afterwards requested, with a condition thereunder written, that if the said The condition thereof. G. H. did appear at the then next county court for the county of to be holden at, &c. in the said county, and should then and there prosecute his action with effect (t) against the said A. B. for taking and unjustly detaining of the goods and chattels in the said condition mentioned (u), and should make return thereof, if return should be ad (0) This is generally the day when in fact the distress was made, and corresponding with the proceedings therein. in many precedents, see Morgan. 500. (t) The condition of the bond is not (p) This should be the parish or place in the county court; but the plaint, if where the distress was made. (q) If a distress were made by the plaintiff, as bailiff of another person, say, "as bailiff of one -, and by his command distrained," &c. 5 T. R. 195. (r) 11 Geo. 2. c. 19. s. 23. (s) 11 Geo. 2. c. 19. s. 23. This allegation seems unnecessary, and is not removed by re. fa. lo. into a superior (u) See Morgan, 501. If the goods |