then and there be made to appear with other due damages, and have you there this writ with your doings therein. Witness, Lincoln F. Brigham, Esq., at Springfield, the twentythird day of July, in the year of our Lord one thousand eight hundred and seventy-nine. Robert O. Morris, Clerk. State of Michigan, County of Wayne. S (SEAL) SS. Form No. 2282. The Circuit Court for the County of To the Sheriff of the County of Wayne, Greeting: In the name of the people of the state of Michigan. You are commanded to take the body of Richard Roe, if he may be found in your Bailiwick, and him safely keep, so that you may have his body before the Circuit Court for said county at the Court House, in the city of Detroit, on the 8th day of September, A.D. 1896, that being the first day of the next succeeding term of our Circuit Court, to answer to the suit of John Doe, plaintiff, against the said Richard Roe, defendant, in an action of trespass on the case for (here state the cause of action), wherein said plaintiff claims damages to the amount of one thousand dollars, all of which shall then and there be made to appear, and of this writ make due return. Witness, the Honorable George S. Hosmer, presiding judge of the Circuit Court for the county of Wayne, this 3d day of August, in year of our Lord one thousand eight hundred and ninety-six. Henry M. Reynolds, Clerk. the Philip Philips, Attorney for plaintiff. Form No. 2283. New Jersey (or Bergen County), ss. The State of New Jersey to the Sheriff of the County of Mercer, Greeting: We command you to take Richard Roe, if he may be found in your county, and him safely keep, so that you may have his body before the Supreme Court of the state of New Jersey (or, our Circuit Court) to be held at Trenton (or at New Barbadoes), in and for said state (or, said County of Bergen), on the second Tuesday of December, 1896, to answer unto John Doe, in an action upon contract wherein the plaintiff demands two thousand five hundred dollars, as is said, and have you then there this writ. Witness,1 Mercer Beasley, Esquire, Chief Justice, at Trenton aforesaid, the twenty-fourth day of October, in the year one thousand eight hundred and ninety-six. John Rodman, Att'y. 1. This is the form used when the writ issues from the Supreme Court. Benjamin F. Lee, Clerk. If it issued from the Circuit Court it would conclude as follows: Form No. 2284.1 Supreme Court, Suffolk County. Richard Roe, defendant. Order to Arrest and Hold to Bail. To the Sheriff of any County of the State of New York:2 It having been made to appear to me by the affidavit of John Doe, that a sufficient cause of action exists against the defendant, Richard Roe, and that the case is one of those mentioned in section 549 of the New York Code of Civil Procedure, and that the ground of arrest is to recover a fine (or, a penalty; or state another of the causes enumerated in section 549 of the Code of Civil Procedure, according to the facts). You are required forthwith to arrest Richard Roe, the defendant in this action, if he is found within your county, and to hold him to bail in the sum of five thousand dollars,3 and to return this order, with your proceedings thereunder, as prescribed by law. Dated October 24, 1896. Benjamin F. Butler, Plaintiff's attorney. Form No. 2285.4 To the Sheriff of Wake County-Greeting: You are commanded forthwith to arrest the above named Richard Roc, and to hold him to bail in the sum of one thousand dollars, and to return this order on the 26th day of October, 1896,5 to the clerk of our said court, at his office in Raleigh, in said county. Herein fail not. Spier Whittaker, Judge of Superior Court. Thus, where the order required the defendant to be held to bail in the sum of $3,000,000, the court refused to diminish the amount on the ground that the defendant's probable liabilities greatly exceeded that sum. People v. Tweed, 5 Hun (N. Y.) 353, 63 N. Y. 194. For the form of the order of arrest under the old New York Code, see Tracy . Griffin, 50 Barb. (N. Y.) 70. 4. For precedents of the capias at common law in North Carolina, see State v. Ammons, 3 Murph. (N. Car.) 125; Whitfield v. Johnston, 1 Ired. L. (N. Car.) 473; State v. Kirby, Ired. L. (N. Car.) 90; State v. Mangum, 6 Ired L. (N. Car.) 372. 5. See supra, note 3, p. 169. Form No. 2286. (Precedent in Malone v. Ryan, 14 R. I. 614.) The State of Rhode Island and Providence Plantations. Providence, sc. To the Sheriffs of the several counties or to their deputies. Greeting: We command you to arrest the body of Patrick Ryan, of the town of Lincoln, County of Providence, State of Rhode Island, if he may be found within your precinct, and in safe custody keep to answer the complaint of Mary Malone, of the town of Cumberland, said county and State, at the next Supreme Court to be holden at Providence within and for the County of Providence, on the 1st Monday of October next ensuing the date hereof, in an action of trespass on the case for breach of promise of marriage,1 as by declaration to be filed in court will be fully set forth; to the damage of the plaintiff five thousand dollars. Hereof fail not, and make true return of this writ with your doings thereon. Witness Hon. Thomas Durfee, Chief Justice of our Supreme Court at Providence, this 11th day of May in the year 1884. Charles Blake, Clerk. Form No. 2287. The Commonwealth of Virginia, To the Sheriff of Augusta County - Greeting: We command you that you take Richard Roe, if he be found in your bailiwick, and him safely keep, so that you have his body at the clerk's office of our Circuit Court of the county of Augusta, at the Rules to be held for the said court, on the Monday in next, to answer John Doe of a plea of debt (or other cause of action as the case may be) for $1,000 damage, one thousand dollars. And have then there this writ. Witness, John Wise, clerk of our said court, at the court house, the 24th day of October, 1896, and in the 120th year of the Commonwealth. John Wise, Clerk. Richard Roe, defendant. In the name of the State of Wisconsin, to John Sampson, Sheriff of the County of Pierce, in the State of Wisconsin. You are hereby required forthwith to arrest the above named 1. The court held in this case that the second clause of Pub. Stat. R. I., c. 206, § 9, which warranted arrests in actions of " trespass on the case," meant actions ex delicto and not actions of assumpsit, and that consequently this warrant was not justified under the statute. Other than this no question was raised as to form. 2. This form is drawn under 2 Sanb. & B. Anno. Stat. Wis. (1889), § 2693. A similar statute exists in the following states: North Dakota.-Rev. Codes (1895), § 5308. South Carolina.-Code Civ. Pree. (1882), § 204. 3. Instead of being addressed to the defendant Richard Roe, and hold him to bail in the sum of one thousand dollars, by a written undertaking executed by two or more sufficient sureties, to the effect that the said defendant shall at all times render himself amenable to the process of the court during the pendency of the above entitled action, and to such as may be issued to enforce the judgment therein, and return this order to Matthew Carpenter - by whom this order is subscribed. attorney for the above named plaintiff, at his office, in Ellsworth, County of Pierce, and State of Wisconsin, within twenty days after the arrest of said defendant. The Commonwealth of Kentucky to the Sheriff of Lee County: The amount of the plaintiff's claim specified in his affidavit in the above styled action being four hundred dollars; you are commanded to arrest the defendant and hold him to bail in the sum aforesaid, and in the sum of twenty-five dollars, the probable cost of said action; and to make return of this order on the first day of the next February term (or, on the twentieth day of the present term) of this court, with the bail bond, if any be taken by you. Witness, John Hancock, Clerk of said Court, this 10th day of January, 1897. John Hancock, Clerk. (b) In New Hampshire. Form No. 2290. (Pub. Stat. N. H. (1891), c. 218, § 14.) Merrimack, ss. To the sheriff of any county or his deputy: (SEAL) We command you to arrest the body of Richard Roe, of Concord, in said county of Merrimack, or to attach his goods or estate to the value of three hundred dollars, and summon him, if to be found in your precinct, to appear at the Supreme Court to be holden at Concord, in said county, on the first Tuesday of April next, to answer to John Doe, of Concord, in said county of Merrimack, in a plea of debt, to the damage of the plaintiff John Doe, sheriff of a particular county, the order may be addressed generally, as follows: To the Sheriff of any County of the 66 State of Wisconsin." 2 Sanb. & B. as he says, in the sum of three hundred dollars, and make return of this writ, with your doings therein. Witness, Jeremiah Smith, Esquire, the twenty-second day of March, 1897. John Hancock, Clerk. (c) In Pennsylvania. Form No. 2291. (Pepp. & L. Dig. Pa. (1894), P. 3575, § 24.)1 The Commonwealth of Pennsylvania, (SEAL) County of Fayette, to the sheriff of Fayette county, greeting: We command you that you take Richard Roe, if he shall be found in your bailiwick, and him safely keep until he shall have given bail, or made deposit according to law, so that he be and appear in our court of Common Pleas, on the 4th day of November next, then and there to answer John Doe in an action of debt (or as the case may be), in our court of Common Pleas, at the suit of John Doe, or until the said Richard Roe shall by other lawful means be discharged from your custody, and have you then there this writ; witness H. L. Robinson, president of said court (or as the case may be), the 24th day of October, A.D. 1896. John Potter, Prothonotary. Form No. 2292. (Pepp. & L. Dig. Pa. (1894), p. 3587, § 62.) 2 Fayette County, ss. The Commonwealth of Pennsylvania, to the sheriff or any constable of Fayette county, (SEAL) Greeting: Whereas, complaint has this day been made before me, on the oath (or affirmation) of John Doe, setting forth (here briefly set forth the complaint). These are therefore to command you to arrest the said Richard Roe, and bring him (or them, as the case may be) before me at my office in Uniontown, in said county, without delay to be dealt with according to law. And have you there also this precept. Witness my hand at Uniontown, this 24th day of October, A.D. H. L. Robinson, Judge. 1896. SPECIAL CAPIAS. Form No. 2293. (Pepp. & L. Dig. Pa. (1894), p. 3580, § 47.) 3 Fayette County, ss. The Commonwealth of Pennsylvania, To the sheriff of Fayette county, (SEAL) Greeting: Whereas, an action of debt (or as the case may be) has been 1. This form is drawn under the Act of June 13, 1836, P. L. 568, § 3. 2. This form is drawn under the Act of July 12, 1842, P. L. 339, § 4. 3. This form is drawn under the Act of June 13, 1836, P. L. 568, § 24. |