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c. 55.

upon the

No.XXXIV. and place]: Therefore the said defender ought to be decerned and ordained 10 Geo. IV. to make payment of the said penalty, with expences, [state to whom and in

what proportions payable]: Herefore it is my will, that on sight hereof ye lawfully summon the said defender to compear before me or my substitute, in the court house at

day of at

of the clock, to answer at the complainer's instance in the said matter, with certification, in case of failure, of being held as confessed; and that ye cite witnesses and havers for both parties to compear at the same place and date, to give evidence in the said matter. Given under the hand of the clerk of court, at

the day of

J.P. Sheriff Clerk. Concurs C. D. Procurator Fiscal. (For citation for defender, and execution thereof, and cilat ion for wit

nesses, and execulion thereof, see Nos. 2, 3, 4, and 5 respectively.]

day of

No. 8.
DECREE for PROSECUTOR in PROSECUTION for PenaLTY.
AT
the

one thousand eight hun-
dred and
the sheriff of the shire of

finds that the within-designed E. F. defender has incurred the penalty of as libelled, payable to

[if there is a power lo mitigate, and a mitigation, add, which is hereby mitigated to the sum of

"); and also finds the said defender liable in

of expences to the complainer, and decerns and ordains instant execution by arrestment, and also execution by poinding and sale and imprisonment, after free days.

J. P. Sheriff Clerk.

day of

one

No. 9. Decree of ABSOLVITUR, with Expences. [The following will answer either for civil causes or prosecutions for

penalties.] AT

the thousand eight hundred and

the sheriff of the shire of assoilzies the within-designed E. F. defender from the within complaint, and finds the within-designed C. D. pursuer liable to him in the sum of

of expences, the expence of extracting the decrec included; and decerns and ordains instant execution by arrestment, and also execution to pass hereon by poinding and sale and imprisonment, after free days.

J. P. Sheriff Clerk.

No, 10.

CHARGE on DecREE. E. F. above designed, you are hereby charged to implement the decree of which, and of the complaint whereon the sanie proceeded, the above is a copy, within six days from this date, under pain of poinding and sale and imprisonment, without further notice. This charge given by me, on the day of

before these witnesses 0, P. and Q. R. [design them].

J. T. Sheriff Officer.

No. 11.

Execution of CHARGE.
[ To be on the sume paper with the complaint and decree.)
ON the

eighteen hundred and I duly charged E. F. above designed to implement the

day of

above decree within the time and under the pains therein expressed. This No.XXXIV. I did by delivering a just copy of the foregoing complaint

and decree, and 10 Geo, IV. a charge thereto annexed, subscribed by me, to the said E. F. [personally,

C. 55. or as the case may be], before these witnesses, 0. P.and Q. R. [design them] hereto with me subscribing.

J. T. Sheriff Officer, 0. P. Witness. Q. R. Witness.

SCHEDULE (B.)

on the

WARRANT for ARRESTMENT on the DEPENDENCE of an Action.
A. B Sheriff of the shire of

to
officers of court, jointly and severally.
WHEREAS it is humbly shown to me by C. D. design him] com,
plainer, that he has raised an action before me against E. F. [design him),
concluding that the said defender ought to be decerned and ordained to
make payment to the said complainer of [here state the conclusions of the
summons or complaint] conform to summons or complaint given under the
hand of the clerk of court at

day of ; and that the said defender, to the prejudice of the complainer, intends to uplift and dispose of all sums of money goods and effects owing or belonging to the said defender: Herefore it is my will, that on sight hereof ye lawfully fence and arrest all sums of money goods and effects whatsoever owing or belonging to the said defender, wherever or in whose hands soever the same can be found, to an amount or extent not exceeding the value of one hundred pounds Scots, in the hands of any arrestee, all to remain under sure fence and arrestment at the complainer's instance, until due consignation be made, or until sufficient caution be found as accords of law. Given under the hand of the clerk of court at the day of

J. P. Sheriff Clerk.

ARRESTMENT on the DEPENDENCE of an Action. BY virtue of a warrant of the sheriff of the shire of given under the hand of the clerk of court at

on the day of

for arrestment on the dependence of an action raised before the said sheriff, at the instance of C. D. [design him) complainer, against E. F. (design him) defender, I hereby fence and arrest in the hands of you K. L. (design him) all sums of money owing by you to the said defender, or to any other person, for his use and behoof, and all goods and effects in your custody belonging to the said defender, and that to an amount or extent not exceeding ihe value of one hundred pounds Scols, all to remain under sure fence and arrestment at the complainer's instance, until due consignation be made, or until sufficient caution be found as accords of law. This I do on the

day of before these wilnesses, O. P. and Q. R. (design them).

J. T. Sheriff Officer.

day of

Execution of ARRESTMENT on the DEPENDENCE of an Action.

[To be on the same paper with the warrant of arrestment.] UPON the

eighteen hundred and betwixt the hours of and

by virtue of the foregoing warrant, I lawfully fencerl and arrested in the hands of K. L. [design him) all sums of money owing by him to the foresaid E F. defender, or to any

person, for his use and behoof, and all goods and effects in the custody of the saidarrestee, belonging to the said defender, and that to an amount or calcnt not exceeding the value of one hundred pounds Scots, all to remain

other

c. 55.

No.XXXIV. under sure sence and arrestment at the foresaid complainer's instance, 10 Geo, IV. until due consignation be made, or until sufficient caution be found as

accords of law. This I did by delivering a just copy of arrestinent, subscribed by me, to the said arrestee personally, [or as the case may be], before these witnesses, 0. P. and Q. R. [design thêm] hereto with me subscribing.

J. T. Sheriff Officer. 0. P. Witness. Q. R. Witness.

on the

Bond or ENACTMENT of CAUTION for LOOSING ARRESTMENT,
AT

day of
eighteen hundred and

compeared G. H. [design him), who hereby judicially binds himself, his heirs, executors, and successors, as cautioners acted in the sheriff court books of the shire of for E. F. [design him) common debtor, against whom arrestment was used at the instance of C. D. (design him), in the hands of K. L. [design him), on the day of

in virtue of [describe che warrant), dated the

day of

that the sums of money. goods and effects owing or belonging to the said common debtor, arrested as aforesaid, shall be made forthcoming as accords of law.

G. H.

day of

WARRANT for LOOSING ARRESTMENT used on the DEPENDENCE of an

ACTION. WHEREAS arrestment was used on the dependence of an action, at the instance of C. D. [design him) against E. F. (design him), in the hands of K. L. (design him), on the

day of

by virtue of a warrant of the sheriff of the shire of

given under the hand of the clerk of court at

the : And whereas the said E. F. has now made sufficient consignation in the hands of the sheriff clerk of

[or, if caution has been found, say] has found sufficient caution acted in the sheriff court books of

by G. H. [design him his cantioner, (here state the nature of the caution), in order to the loosing of the said arrestment, warrant for loosing the saíd arrestment is hereby grauted accordingly. Given under the hand of the clerk of court at

the day of

J. P. Sheriff Clerk.

INTIMATION of LoosING ARRESTMENT. [To be on the same paper with a copy of the foregoing warrant.] K. L. [clesign him). Take notice, that by virtue of the warrant whereof the above is a copy, the arrestment on the dependence of the action above mentioned, used in your hands at the instance of the foresaid C. D. against the foresaid E. F., is loosed and taken off. This notice served on the

J. T. Sheriff Officer.

day of

by me,

Execution of INTIMATION of LOOSING ARRESTMENT. [To be on the same paper with the original warrant for loosing the

arrestment.] UPON the

day of

eighteen hundred and

I duly intimated the above warrant to K. L. (design him) arrestee. This I did by leaving a full copy thereof, and intimation thereon, subscribed by me, for him [in his hands personally, or as the case may be].

J. T. Sheriff Officer.

No.XXXIV. 10 Geo. IV.

c. 55.

SCHEDULE (C.)

SUmmons or COMPLAINT in Cases of FORTHCOMING. A. B. Sheriff of the shire of

to Officers of court jointly and severally. WHEREAS it is humbly complained to me by C. D., upon and against K. L. arrestee and F. F. common debtor, that the said common debtor is owing the complainer the sum of contained in [describe shortly the decree, or bill, or bond, et cetera, by which the debt is constituted]; and that the complainer, on the day of

years, in virtue of a warrant by dated the day of

arrested in the hands of the said arrestee [here insert the terms of the arrestment used], which the said arrestee now refuses or delays to make forthcoming: therefore the said arrestee and the said common debtor for bis interest, ought to be decerned and ordained to make forthcoming, pay and deliver to the complainer the money, goods, and effects arrested as aforesaid, or so much thereof as will satisfy and pay the said sum of owing to the complainer as aforesaid: Herefore it is my will that on sight hereof ye lawfully summon the said arrestee and the said conimon debtor for his interest to compear before me or my substitute in the courthouse at

day of years, at

of the clock, to answer at the complainer's instance in the said matter, with certification, in case of failure, of being held as confessed; and that ye cite witnesses and havers for both parties to compear at the said place and date, to give evidence in the said matter. Given under the hand of the clerk of court at

the
years.

J. P. Sheriff Clerk. (The citations and executions and decree for the defender, with

expences, may be the same as in schedule (A.)]

upon the

day of

Decree for the Pursuer in Cases of FORTHCOMINO.

day of

AT the

one thousand eight hundred and

the sheriff for the shire of

decerns and ordains the within.designed

defender, to make forthcoming, pay, and deliver to the also within-designed

pursuer [if the arrestee has money arrested in his hands, the rest of the judgment will be the sume as in ordinary cases ; if there are goods and effects to be made forthcoming, the rest of the judgment will be as follows :] the arrestid goods and effects following; videlicet, and granis warrant to sell the same, or as much thereof as will satisfy the sum of

and of expences of process, and the expence of sale; and failing the said defender making forthcoming and delivering the said goods and effects within

then to make payment to the said pursuier of the said sum of for recovery of which sums, the said perii d being elapsed without forthcoming and delivery of the said goods and effects, ordains instant execution by arrestment, and also execution to pass hereon by poinding and sale, and imprisonnent, after

J. P. Sheriff Clerk, Vol. IV,

** I

free days.

No.XXXIV. 10 Geo. IV.

c. 55.

SCHEDULE (D.)

REPORT of POINDING and SALE.
Report of the Poinding and Sale at the instance of C. D. [design him]

against E. F. [design him).

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on the

UPON the

day of

eighteen hundred and between hours of

and by virtue of a decree of the sheriff of

given under the hand of the clerk of court at day of

at the instance of C. D. above-designed, against E. F. above-designed, for payment of the sums of I passed with the witnesses and appraisers after named and designed to

and then and there, after demanding payment of the sums contained in said decree past due, and payment not being made I poinded the effects above enumerated belonging to the said debtor; and after making an inventory or list thereof, and getting the same duly appraised, on oath, at the several values respectively above specified in the first column, and amounting in all to [here insert the amount in words], and leaving a copy of such inventory or list and appraisement with the said debtor personally, [or as the case may be,] I carried the said effects to the

of

and there, betwist the hours of

and

and after public notice of at least

hours I sold the said effects by public roup to the highest bidder, at the prices above-specified in the second column, for each lot respectively,* and amounting in all to [here insert the amount in words]. These things were so done before and with O. P, and Q. R. [design them] witnesses and appraisers, in the premises hereto with me subscribing.

J. T. Sheriff Officer. 0. P. Witness and Appraiser.

Q. R. Witness and Appraiser.
Reported to the sheriff clerk of the shire of
at

the

day of

J. T. Sheriff Officer. * If the effects are not sold, the tenor of the “ by public roup to the highest bidder, at the report must be altered according to the state prices above specified in the second column of the fact; for instance, [“ I exposed the “ for each of said lots respectively, and " said gooils and effects to public sale, but no amounting in all to (here insert the amount

person having offered the appraised value, " in words,) and I returued to the said debtor “therefore I declared the same to belong tu " the sum of

being the overplus “ the said C. D. at the said respective ap- “ of the price, after payment of the sums de. “ praised values, in payment to that ainuunt of cerned for past due, and the sum of “ the suis in said decree."] In case the “ being the expences of puinding and sale, goods poinded, or part of them shall sell for " conform to the Act of Parliament; and I more than the sums in ihe decree, and ex- " also returned to the said debtor the effects pences of poinding and sale, say, [“ I sold " specified in the other lots above enume

part of the said effects, viz, Luts 1, 2, and 3,

by me,

w rated.")

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