GEORGE the Third.

Scire faciás in ADAMS, CLERK, AND ANOTHER, &c. to the theriff of

C. B. by the executors of ex.

ecutrix to revive

EXECUTORS, &c.
against

Gloucefterfhire, greet

a judgment re- WHEATE, CLERK, AND ANOTHER. ing: Whereas E. L. covered by tef- efquire, heretofore, in our court of the bench, to wit, in the term tator in his life of Saint Hilary, in the fourteenth year of our reign, before fir time, and which William De Grey, knight, and his companions, then our justices revived by the of the bench at Westminster, in the county of Middlefex, by the executrixagainst Confideration of the fame court, recovered against John Thomas the original de- Wheate, vicar of the vicarage and parish church of, &c. in your

had been once

fendants.

county, clerk, and the right honourable Spencer Hamilton, commonly called lord Spencer Hamilton, of, &c. in, &c. as well a certain debt of feven hundred and twenty pounds as alfo fixtythree fhillings which in our faid court were adjudged to the faid E. L. for his damages which he had sustained by the occafion of the detaining of that debt, whereof the said J. T. W. and S. H. are convicted, as by the record and proceedings thereof remaining in our faid court of the bench at Westminster aforefaid manifeftly appears And whereas the faid Edward, after the recovery of the faid judgment, and before the execution and fatisfying the fame, or any part thereof, died, after having firft duly made his laft will and teftament in writing, and thereby conftituted and appointed S. J. executrix thereof: And whereas in the fame court of the bench, before the right honourable Alexander lord L. and his companions, then juftices of our fame court of the bench at Westminster aforefaid, it was afterwards confidered by the faid court that the faid S. J. executrix as aforefaid, fhould have execution against the faid J. T. W. and S. H. for the debt and damages aforefaid, whereof they are convicted, as by the infpection of the record as well in the rendition of the judgment aforefaid as in the adjudication of execution of the fame judgment aforesaid in our court of the bench aforefaid now remaining appears to us of record: And whereas fince the adjudication of the aforefaid execution, and be fore any execution obtained upon the aforefaid judgment, or the fatisfying the faid judgment, fhe the faid S. J. executrix as aforesaid, hath died, having firit duly made her last will and testament in writing, and thereby conftituted and appointed F. Adams, clerk, and J. T. executors thereof, as on the information of the faid F. A. and J. T. we have alfo lately been given to understand, and although judgment of the debt and damages is given against the faid J. T. W. and S. H. and alfo execution is adjudged as aforefaid, yet execution of the faid judgment and adjudication of execution ftill remains to the faid F. A. and J. T. as we have been given to understand, and because we are willing that those things which in our faid court have been rightly acted fhould be demanded by a cue execution, we command you, that, by good and lawful men of your bailiwick, you make known to the faid J. T. W. and S. H. that they be before us at Westminster on, &c. to fhew if any thing they have or know to fay for themselves why the

faid

faid F. A. and J. T. executors as aforefaid, ought not to have execution against them for the debt and damages aforefaid according to the force, form, and effect of the faid recovery, if it fhall seem expedient to them, and further to do and receive what our court of the bench at Westminster fhall confider of them in this behalf, and bave there the names of thofe by whom you shall make known to them, and this writ. Witnefs, &c.

Drawn by MR. J. GRAHAM.

Trinity Term, 22. Geo. III.

in B. R.

MIDDLESEX, to wit. Our lord the king fent to his sheriff Declaration on of Middlesex his writ closed in thefe words, to wit, George the an alias fèère faThird, &c [Set out the firft writ verbatim with the telte] at cias againit bail which day, before our lord the king at Westminster, came the faid plaintiffs, and offered themfelves against the faid defendants, who came not, and the aforefaid theriff of Middlesex, to wit, A. B. and C. D. efquires, then and there returned on the faid writ to our faid lord the king that the faid defendants, &c. [Recite the return of non inventus] and thereupon the faid plaintiffs prayed another writ of our faid lord the king to be directed to the faid fheriff of Middlefex for the purpose aforefaid, and it was granted them; therefore our faid lord the king, by his certain other writ, commanded the faid fheriff of Middlefex, as formerly he had commanded him, that, &c. [Recite the mandatory part of the alias feire facias] at which day, before our faid lord the king at Westminster, came the faid plaintiffs and the faid fheriff of Middlefex, to wit, the aforefaid A. B. and C. D. returned on the faid last mentioned writ to our faid lord the king at Westminster that, &c. [Recite the return of non eft inventus on the alias feire facias] thereupon the faid plaintiffs then and there offered themfelves against the faid defendants, who on being folemnly demanded came by A. B. their attorney, and thereupon the faid plaintiff's pray that execution for the damages, cofts, and charges aforefaid in form aforefaid recovered may be adjudged to them the faid plaintiffs against the said defendants according to the form and effect of the aforefaid recognizance. V. LAWES.

on

Common Pleas, Hilary Term, 28 Geo II. MIDDLESEX, to wit. It was commanded to the fheriff of Declaration Middlesex, whereas M. C. lately, to wit, in Michaelmas Term, a fcire facias ain the twenty-fixth year of the reign of our lord the king, before gainstexecutors. Alexander lord Loughborough and his companions, then our faid lord the king's juftices of the bench at Westminster, by the confideration of the fame court, recovered against the faid W. D. late of, &c. fifty-eight pounds, which to the faid plaintiff in the fame court were adjudged for her damages which the had fuftained by the occafion of not performing certain promifes and undertakings made by the faid W. D. to the faid plaintiff at Westminster aforefaid and of her colls and charges by her about her fuit in

that

Declaration on

Court whereone

bail.

that behalf expended, whereof the faid William is convicted, as
by the record and proceedings thereof remaining in the said court
manifeftly appears; yet execution of the faid judgment ftill re-
mained to be made, and the faid W. D. is fince dead, having firft
duly made his laft will and teftament, and appointed W. M. and
S. C. executors thereof, that by good and lawful men of his baili-
wick he should make known to the faid defendants that they should
be before our faid lord the king's juftices at Westminster on, &c.
to fhew caufe if any thing they had or know to fay for themselves
why the faid plaintiff ought not to have her execution against them
as fuch executors as aforefaid for the damages aforefaid, to be levied
of the goods and chattels which were of the faid W. D. at the time
of his death in their hands to be administered, according to the
form of the faid recovery, if it should feem expedient for them fo
to do; at which day the faid fheriffs, to wit, J. F. and M. B.
efquires, returned on the faid writ to the faid juftices at Weft-
minster, that by T. H. and J. P. good and lawful men of his
bailiwick, he had given notice to the faid defendants in the faid
writ named, executors of the faid W. D. deceafed, to appear be-
fore his majefty's juftices at the day and place in the faid writ
mentioned to fhew caufe, as by that writ they were required, and
as he was in the faid writ commanded; and thereupon faid plaintiff
offered herself on, &c. against them the faid defendants, executors
as aforefaid, who thereupon at that day, on being folemnly called,
came by A. B. their attorney; and thereupon the faid plaintiff
prays that execution may be adjudged to her the faid plaintiff
against the faid defendants, as fuch executors as aforefaid, for the
damages aforefaid, to be levied of the goods and chattels which
were of the faid W. D. at the time of his death in their hands to
be administered, according to the form of the faid recovery.
V. LAWES.

PALACE COURT, to wit. Our lord the king fent to the an alias feire fa- bearers of the virges of his household, officers and minifters of his cias in Palace court of his palace of Westminster, and every of them, his writ of the defend. clofed in thefe words, to wit, George the Third, &c. [Set out the ants appearsand first writ verbatim with the tefte] at which faid next court of our the other makes faid lord the king of his palace of Westminster before the judges default against of the faid court, that is to fay, at the court of our faid lord the king of his palace of Westminster, holden on, &c. in the faid writ mentioned, at, &c. before the then judges of the faid court, came the faid J. W. and offered himself against the faid J. T. and W. B. who came not, and one of the aforefaid bearers of the virges of the king's houfehold, and an officer and minifter of the court aforefaid, to wit, A. B. then and there returned on the said writ fo the faid then judges of the faid court that the said defendants in the faid writ named had not any thing within the jurifdiction of the court in the faid writ written whereby or by which he could give them notice, as he was by the faid writ commanded, nor were they the faid defendants found within the fame; and there

upon

upon the faid plaintiff prayed another writ of our faid lord the king
to be directed to the faid bearers of the virges of his faid houfe-
hold, officers, and minifters of his faid court of his palace of
Westminster, and to every of them, for the purpose aforesaid, and
it was granted him; thereupon our faid lord the king, by his cer-
tain other writ, commanded the faid bearers, and every of them,
as formerly he had commanded them, that, by honeft and lawful
men within the jurifdiction of the court aforefaid, they or one of
them should fummon the faid defendants that they be before the
judges of the court aforesaid at the then next court of our faid lord
the king's palace of Westminster aforefaid on, &c. then next fol-
lowing and now last past, to be held at S. in the county of S. to
fhew if they knew or had any thing for themfelves to fay why the
faid plaintiff ought not to have execution against them for his
damages, cofts, and charges aforefaid, according to the form of
the recognizance aforefaid, if he fhould think fit, and that they
or one of them should have there then the names of those by whom
they fhall fo fummon them, and that writ; the fame day was
given by the faid court of our said lord the king of his palace of
Westminster to the faid plaintiff, at the fame court in the faid
laft-mentioned writ specified, at which next court of our lord the
king of his palace of Westminster, before the judges of the faid
court, that is to fay, at the court of our faid lord the king of his
palace of Westminster holden on, &c. in the faid laft-mentioned
writ fpecified, at, &c. in, &c. and within the jurifdiction of that
and this court, before the then judges of the faid court, came the
faid plaintiff and one of the bearers of the virges of the king's
household, and an officer and minifter of the court aforesaid, to
wit, the faid A. B. and returned on the faid laft-mentioned writ
to the then faid judges of the faid court that the said defendants had
not any thing within the jurifdiction of the court in the faid laft-
mentioned writ named whereby or by which he could give them
notice as he was therein commanded, nor were they the faid de-
fendants found within the fame, whereupon the faid plaintiff then
and there offered herself against the faid defendants, and the faid
J. T. on being folemnly demanded, came by A. B. his attorney,
but the faid W. B. although folemnly demanded, came not,
but made default; and thereupon the faid plaintiff prays that exe-
cution for the damages, cofts, and charges in form aforefaid re-
covered may be adjudged to him the faid plaintiff against the said
defendants according to the form and effect of the aforefaid re-
cognizance.
V. LAWES.

V. LAWES.

If this caufe proceeds to iffue or to ances, &c. as to the judgment by default judgment, care must be taken that they against W. B. are with proper reference and continu

on

And the faid J. J. fays, that the faid plaintiff ought not to have Plea to the laft execution for the damages, cofls, and charges aforefaid in form declaration aforefaid recovered adjudged to him against him the faid J. J. ac- cis of death of an alias feire fa principal after judgment, and before the iffuing of capias ad fatisfaciendum

VOL. IX.

cording

Replication,

was

cording to the form and effect of the aforefaid recognizance; be-
caufe he the faid J. J. fays, that the faid J. C. in the faid judgment
mentioned, after the recovery of the faid judgment, and before
the ifluing of any writ of capias ad fatisfaciendum thereon againft
him the faid J. C. died, to wit, at, &c. in, &c. and within
the jurifdiction of this court; and this, &c.; wherefore he
prays judgment if the faid plaintiff ought to have execution for
the damages, cofts, and charges aforefaid in form aforefaid re-
covered adjudged to him against him the faid J. J. according to
the form and effect of the aforefaid recognizance.
V. LAWES

And the faid plaintiff, as to the faid plea of the faid J. J. fays, that capias ad that he ought not to be barred from having execution for the dafatisfaciendum f fued, and that mages, coils, and charges aforefaid in form aforefaid recovered and adjudged to him the faid plaintiff against the faid defendant principal then living. according to the form and effect of the faid recognizance; because he fays, that after the recovery of the faid judgment in the said writ of feire facias mentioned against J. C. and before the fuing forth the faid writs, or of either of them, to wit, on, &c. in the twenty-feventh year of the reign of our lord the now king, he the faid plaintiff fued and profecuted out of the court of our faid lord the now king of his palace of Westminster held at Southwark aforefaid, in the faid county of Surry, and within the jurifdiction of that and this court, before the then judges of the faid court, a certain writ of our faid lord the king of capias ad fatisfaciendum of and upon the faid judgment directed to the bearers of the virges of our faid lord the king's houfehold, officers, and minifters of the faid court of his palace of Westminster, by which faid writ our faid lord the king commanded the faid bearers that they, or fome or one of them, fhould take the faid J. C. if he should be found within the jurifdiction of the faid court, and him safely keep, fo that they, or fome or one of them, might have his body before the judges of the faid court at the then next court of our faid lord the king's palace of Westminster on, &c. then next following, to be held at S. in the faid county of S. to fatisfy the faid plaintiff feventeen pounds for his damages, cofts, and charges aforefaid in form aforefaid recovered, and that they fhould have there then that writ, which faid writ afterwards, and before the return thereof, to wit, on, &c. in the twenty-feventh year aforefaid, was delivered to A. B. then and there being one of the bearers of the faid king's household, and an officer and minifter of the court aforefaid, to be executed in due form of law; at which day, before the faid judges of the faid court in the faid writ mentioned, and holden before the faid judges of the faid court next after the iffuing of the faid writ of capias ad fatisfaciendum, that is to fay, at the faid court of our faid lord the king of his palace of Westminster, holden at S. aforefaid, in the faid county of S. on, &c. in the faid writ mentioned, before the then judges of the faid court, came the faid plaintiff in his proper perfon, and the faid bearer of the virges of the faid king's houfehold, to whom the faid writ was fo

delivered