To the mayor and bailiffs of our city of Oxford, in the county of Oxford. To the mayor, aldermen, and burgesses of our borough of Portsmouth, in the county of Southampton. by To the mayor and bailiffs of our town of Southampton. To the mayor and recorder of our borough of Thetford, Wells, borough or city. To the steward or bailiff of our court of our pleas, granted to the reverend father in Christ, lord bishop of Bath and Wells, held at the Guildhall within the city and borough of Wells in the county of Somerset. To the mayor of the town of New Woodstock, in the To the mayor, recorder, and aldermen of our city of To the mayor, aldermen, and sheriffs of our city of If the writ be improperly directed to inferior courts, The court of K. B. will not quash a writ because the damages laid in the record below, which was an action for an assault against excise officers, were under 40s. : they said the officer could not have an impartial trial there. Ibid. Ha. Corp. ad satisfaciendum. This writ is made use of by a plaintiff in this court, where his prisoner has removed himself after declaration to the Fleet prison, and obtained final judgment in order to bring him here, to charge him in execution upon a judgment obtained; and it is called an habeas corpus ad satisfaciendum, to satisfy or make satisfaction to the plaintiff for the debt and damages by him recovered; which being obeyed, the court commit him again to the custody of the marshal, there to remain until he make satisfaction, and is made returnable on a day certain, as the prisoner cannot be committed in execution, but by the court, whilst they are sitting. Also it may be sued out by a third person, who has obtained judgment in this court against the prisoner, directed to the marshal or other gaoler to bring him into court, in order to charge him in execution at his suit in that action; and although in this case it be left in vacation with the marshal or other gaoler, he cannot discharge such prisoner, but must bring him into court on the day of the return. on Ha. Corp. ad satisfaciend. on in Debt. as the master s. 7. R. Ha. Corp. ad satisfaciendum in Assumpsit. George, &c. To the warden of our prison of the Fleet, greeting: We command you, that you have before us at Westminster, next after the morrow of All Souls, the body of C. D. under safe and secure conduct, detain ed in our prison under your custody, as we are informed together with the day and cause of his being taken and detained, by whatsoever name the said C. D. is there known, to satisfy A. B. 251. which the said A. B. lately in our court before us at Westminster, recovered against the said C. for his damages which he sustained, as well by reason of the not performing certain promises and undertakings lately made by the said Č. to the said A. at Westminster, in the county of Middlesex, (a) as for his costs and charges by him laid out, about his suit, in that be- in the declahalf, whereof the said C. is convicted, as appears to us of ration, record, and further to do and receive what our said court before us, shall then and there consider of him in this behalf: and have there then this writ. Witness Edward Lord Ellenborough, at Westminster, the George, &c. To the war- 5s. stamp. den of our prison of the Put the term Fleet, greeting: We com- and No. roll mand you, that you have on the writ, before us at Westminster, marks it on next after the the roll. morrow of All Souls, the 1 Sid. 100. body of C. D. under safe R. M. 1654. and secure conduct, detained in our prison under your custody, as we are informed, together with the day and cause of his being taken and detained, to satisfy A. B. as well a certain debt of 251. which the said A. B. lately in our court before usat Westminster, recovered against the said C. D. as also 101. for his damages, ' which he had sustained by reason of the detaining the said debt, as for his costs in the 57th year of our reign. day of Law and Markham. (a) The venue Præcipe. To be signed by Messrs. Provost and Chambre, and a præcipe is made for that purpose; pay them 6s. 8d., seal 7d.; then it is to be lodged with the warden of the Fleet: on the day of the return, he is brought up, apply to one of the judge's clerks, who will make out the commitment; pay the warden his fee for return and bringing up; tipstaff 10s. 6d. judge's clerk 4s. master 2s. deputy-marshal 2s. clerk of the papers Is. ushers 6d. the judge's clerk takes the habeas corpus into court with the defendant, and the master commits him. London. Ha. Corp. ad satisfaciendum for A. B. against C. D. for 251. damages, (for 251. debt and 101. damages and costs,) returnable, &c. J. K. attorney. N. B. The master marks the commitment on the duplicate of the writ to be prepared ready for him, which is delivered to the tipstaff, who carries the prisoner over to the King's Bench prison. Pay master 2s. (a) Definition. Every poor person shall PAUPERS. A PAUPER is a person said by the law to be so poor and indigent in his circumstances, that he cannot expend the usual charges to recover his right, either in law or equity. By the stat. 11 H. 7. c. 12. it is enacted, that every poor person who shall have cause of action, &c. shall have writs for have original writs, &c. nothing taking for the same, no fee, coun- counsel, attornies, and all other officers requisite and necessary for the speed of the said suits to be had and made, who shall do their duties without any reward. No stamps are to be used, 5 W. & M. c. 21. in the proceedings. sel and attorney. Sum to be under 51. How to sue. 3 Wils. 24. The courts have fixed the sum to be under five pounds (except wearing apparel, and his right to the matter in question.) Lill. Pract. Reg. 633. Therefore, if the plaintiff is so poor as above stated, he must petition one of the judges of this court, to be ad (a) Final judgment must be entered on the roll, and roll docketted previous to the charging the defendant in execution, and filed with the clerk of the treasury. PAUPERS. mitted to sue in forma pauperis, and if he has began the suit, and is not able to carry on the same, yet he may petition to be admitted; engross it on a 2s. 6d. stamp paper, annex also the affidavit thereto on 2s. 6d. stamp paper, then take same to the judge's chambers, and after oath is made thereof, the clerk will make out an order thereon, pay him 2s. 6d. The form of petition and affidavit are as follow; no rule is drawn up in this case: In the King's Bench, A. B. plaintiff, C. D. defendant. To the Right Honourable Edward Lord Ellenborough, Sheweth, The humble Petition of A. B. Petition. 763 then say, That the said defendant is and stands justly indebted If the action unto your petitioner in the sum of 101. for the work and be not begun, labour of your petitioner, done for the said defendant, at his request, and your petitioner hath commenced an action against him for the same. petitioner hath not as yet commenced That your petitioner finds himself unable to carry any action on the said cause, on account of his extreme poverty, as appears by the affidavit hereto annexed: I humbly conceive, that the said petitioner hath good cause of action against the above-named C. D. and humbly consent to be his S. M. counsel. In the King's Bench. against him, being unable," &c. A. B. of, &c. yeoman, maketh oath and saith, that he Affidavit. is not worth five pounds in all the world (save and except his wearing apparel and the matter in question in this cause.) To pay no fees. The pauper upon the order being made, may sue out his writ without stamps, pays nothing through all the cause for fees to any of the officers; if defendant pleads a special plea, shew petition and order to the clerk of the papers, and he will make up the paper book for nothing; no stamps are used for the record, venire, or distringas, nor for setting down the cause, or return of distringas. Unless he reBut if he recover a verdict, the officers of the court covers 51. or claim the fees of court, and take for the passing the record; but by what authority, I never yet could learn. more. Declaration. The declaration is in the common form; to which you annex a copy of the judge's order, of his being admitted. If the party give any fee or reward to his counsel, or paid to coun- attorney, or make any contract or agreement with them, sel or attorney. he shall be dispaupered, and not be admitted again in No fee to be Not liable to pay costs. When he may that suit. He is not liable to pay costs, but be in the discretion of the court, whether he shall be punished or not. Stat. 23 H. 8. 2 Salk. 506. He is not liable to pay the costs for judgment as in the case of a nonsuit. 3 Wils. 24.; nor to pay the costs before he brings a new action, if it does appear that he has not been vexatious. Str. 878. Nor to pay the costs for not going on to trial. Ibid. 420. Noaks v. Watts. Fortesc. 319. If he has been vexatious, as giving six notices of trial, be dispauper- and not proceeding, the court will dispauper him, but not make him pay costs. 2 Str. 983. ed. before payment of the costs. After nonsuit, The plaintiff (not suing in forma pauperis) being nonand a new ac- suited in a former action against the defendant, brought a tion brought second action for the same cause, and sued in forma pauperis, being a prisoner in the K. B. The costs of the former action amounted to 321. which the defendant swore he could not levy, the plaintiff not having any goods. Rule why the proceedings in the second action should not be staid until the costs of the former were paid, made absolute. Weston v. Withers, 2 Term Rep. 511. Can only sue in cause he is admitted. Cannot be ad mitted to de fend. A person admitted in forma pauperis, can only sue in that cause for which he is admitted, so that if any other cause arises, he must be admitted again de novo, et sic toties quoties. Lil. Reg. 633. Although the stat. of 11 H. 7. admits poor persons to prosecute, yet it has not provided for poor defendants to |