quested so to do) hath not as yet paid the said sum of. above On bail bones.. 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 AB assignee as aforesaid. To the damage of the said A B as assignee as aforesaid, of. and therefore he brings his suit, &c. Pledges, &c. [Commencement as in the last precedent.] For that whereas the said A B on, &c. sued and prosecuted 17: The like when the proceeding in the first action out of the court of our lord the now king, before the king himself, the same court then and still being holden at Westminster, was by special in the county of Middlesex, against the said CD a certain writ original.(g) of our said lord the king, called a special capias ad respondendum, (or if a testatum, &c. according to the fact,) directed to the she riff 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 *AB 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. [Pro• ceed as in the last precedent, to the end, except in the statement of the condition of the bail-bond, (which is for appearance "wheresoever," c.) and in the breach thereof.] * 167 (g) Observe the notes to the pre- general applicable, cedent, ante, 162. which are here in On bail bonds. 18. On a bailbond in C. P. against the principal or bail. (4) In the Common Pleas. Hilary Term, 47 Geo. III. (to wit.) CD was summoned to answer AB, assignee of E F, Esq. sheriff of the county of, according to the form of the statute in such case made and provided, of a plea that he render to the said A B, as assignee as aforesaid, the sum of. of good and lawful money of Great Britain, which he owes to and unjustly detains from him; and thereupon the said AB,by, his attorney, complains that whereas the said A B heretofore, to wit, on, &c. sued and prosecuted out of the court of our lord the now king, before the Right Honourable Sir James Mansfield, knight, and his companions then his majesty's justices of the bench, at Westminster, in the county of Middlesex, a certain writ of our said lord the king, called a capias ad respondendum, against the said CD, directed to the sheriff of " by which said writ our said lord the king commanded the said sheriff that he should take the said C D if he should be found in his bailiwick, and him safely keep, so that the said sheriff might have his body before the justices of our said lord the king, at Westminster, on the Morrow of All-Souls, to answer to the said A B in a plea, wherefore with force and arms the close of the said A B at he broke, and other wrongs to him did, to the great damage of the said A B, and against the peace of our said lord the king, and also that the said CD might *answer to the said A B, according to the custom of his said majesty's court of the bench, on a certain plea of trespass on the case upon promises, to the damage of the said A B of -. as it was said, and that the said sheriff should have there that writ; which said writ afterwards and before the delivery thereof to the said sheriff of, &c. [Proceed as in the precedent, ante, 162. to the end, except in the statement of the condition of the bail-bond (which is for appearance in C. P.) and in the breach thereof, and conclude as in debt in C. P.] (h) Observe the notes to the prece- neral applicable. dent, ante, 162, which are here in ges And said 19. By the as signee of a replevin bond where the proceedings in replevin ved, by re. f. were remo and the plaintiff obtained judgment lo. into K. B. The distress for rent. * 169 (to wit,)) A B, assignee of E F, esq. sheriff of the county of, according to the form of the statute(m) in such case made and provided, complains of CD being, &c. of a plea that he render to the said Д B as assignee as aforesaid, the sum of 1. of lawful, &c. which he owes to and unjustly detains from him, &c. For that whereas heretofore, to wit, on, &c.) at, &c.(o) the said A E() distrained the goods and chattels of one *G H, hereinafter mentioned, for a certain there. sum of money then due to the said A B for rent. the said goods and chattels being so distrained, the GH, 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 being sheriff of the county of ——, out of the county court of the 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 thereupon The replevin the said E F, so being sheriff of the said county of cording to the form of the statute in such case made and provided,(g) did take from the said G H and from the said CD " ac Application to the sheriff to replevy. boud taken, (i) The action may in all cases be in one of the courts at Westminster, ST. R. 195. 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, n. (c). (n) This is generally the day when in fact the distress was made, and corresponding with the proceedings therein. (0) This should be the parish or place where the distress was made; and if the venue be laid in another county, such venue may be stated af(*) As to the title, ante, 162. n. (d) ter the real place, as follows: "to 162. and 1 n. (a). wit, at," &c. (p) If a distress were made by the (2) 11 Geo. II. c. 19, s. 23. bonds. thereof. On replevin 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 being first ascertained by the oath of a'credible witness duly sworn, according to the form of the statute in such case made and provided.(r) And the said G H and the said C D and IK on the said, &c. at, &c. aforesaid, by their 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 ofl. above demanded, to be paid to the said sheriff when he the said G H and the said CD and I K, should be The condition thereunto afterwards requested, with a condition thereunder written, that if the said 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(s) against the said *A B for taking and unjustly detaining of his goods and chattels, to wit, &c. [here state the goods, as mentioned in the condition of the bond,] and should make return thereof, if return should be adjudged by law,(s) and should well and truly keep harmless and indemnified() the said sheriff of, his under-sheriff, deputy and bailiffs, touching and concerning the replevying and delivery of the said goods and chattels, then the said obligation was to be void and of none effect, otherwise to be and remain in full force. And thereupon the said sheriff afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, at the prayer of the said G H replevied and made deliverance of the said goods and chattels to the said G H, according to the duty of his said office. And afterwards, to wit, at the then next county court for the said county of, &c. to wit, at the county court of the said sheriff, holden at the house known, &c. at, &c. on, &c. *170 Replevin granted. Plaint in county court. () 11 Geo. II. c. 19. s. 23. (s) The condition of the bond is not satisfied by a prosecution of the suit in the county court, but the plaint, if removed by re. fa, lo, into a superior court, must be prosecuted there with effect, and a return made if adjudged there, 1 B. & P. 410. (s) Id. ibid. (t) As to this part of the condition, see 1 Lutw. 687. before and bonds. then suitors of the said court, the said an replevin G H did appear, and then and there in the same court, without the writ of our said lord the king, levied his plaint against the said A B, for the taking and unjustly detaining of the said goods and chattels of the said G H, and then and there found pledges, as well for prosecuting his said plaint, as for returning the said goods and chattels, if return thereof should be adjudged by law, to wit, the said CD and I K.(u) Which Removal by said plaint afterwards, to wit, on, &c. was duly removed, at the instance of the said A B, from and out of the county court of the said sheriff of into the court of our said lord the king, before the king himself, to wit, at Westminster, &c. by virtue of his said majesty's writ of recordari facias loquelam, before then duly sued and prosecuted *out of the court of our said lord the king, of his chancery at Westminster aforesaid, returnable before, &c. on, &c. [as in the writ of re. fa. lo.] And thereupon the said G H afterwards, to wit, in in the K. B. * 171 term, Declaration year of the reign of our said lord the king, before in K. B. the king himself, by -> his attorney, declared against the said A B in the said plea of taking and unjustly detaining his goods and chattels and by the said declaration, he the said G H by the said his attorney, complained that the said A B, on, &c. aforesaid, at, &c. aforesaid, in a certain street or place there, called took the goods and chattels following, to wit, [here recite the goods as in the declaration,] and them unjustly detained against sureties and pledges, &c. To the damage of the said G H of . and therefore he brought his suit, &c. And afterwards, to wit, in that same →→ term, Avowry in the thereto.(x) year of the reign, &c. in the said court of our (u) These pledges are taken under the statute Westminster, 2. 13 Ed. I. c. 2. See Gilb. 98. and are not the pledges under the 11 Geo. II. c. 19. s. 23. ment of the declaration, that the dis- (a) It is usual to state the avowry |