PROCESS. the said street, pulling, hauling, and dragging him upon his back IMPRISON-through the mud and dirt, in and along the said street, and for the MENT UNDER distance and length of way in the said first count also mentioned, and thereby a little hurting, bruising, and wounding the said A. B.; and as to the imprisoning the said A. B. and keeping and detaining him in prison for the said space of time in the said first count mentioned, and as to the rending, tearing, damaging, and spoiling the clothes and wearing apparel of the said A. B. in the said second count mentioned, by the said C. D. and E. F. above supposed to have been done, the said C. D. and E. F. by leave of the court here for this purpose first had and obtained, according to the form of the statute in such case made and provided, say that the said A. B. ought not to have or maintain his aforesaid action thereof against them, because they say that before the said time, when, &c. in the said first and se- Issuing of the latitat (p). cond counts mentioned, to wit, on, &c. a certain writ of our lord the now king, commonly called a latitat, was issued (g) out of the court of our said lord the king, before the king himself, the said court then and still being holden at Westminster, in the county of Middlesex (r), directed to the then sheriff of by which said writ our said lord the king commanded the said sheriff that he should take the said A. B. if he should be found in his bailiwick, and keep him safely, so that he might have his body before our said lord the king at Westminster aforesaid, on — next after to answer to the said E. F. in a plea of trespass, and also to a bill of the said E. F. against the said A. B. for £- -, upon promises according to the custom of the said court of our said lord the king, before the king himself to be exhibited, and that the said sheriff should have there then that writ; which said writ was then Indorsed for and there duly indorsed for bail for £-; and which said writ so indorsed for bail as aforesaid, afterwards and before the return thereof, and actual beating, or more than a molliter manus imposuit to make the arrest, the particular resistance or occasion of such wounding, &c. must be stated in the subsequent part of the plea, as in this precedent, see ante, 578. n. z. and 1 Saund. 296. n. 1. (p) The process must be stated specially, 1 Saund. 298. n. 1. Co. Lit. 283. a. (q) See 3 Lev. 63. if the plaintiff in the original action justify alone, the plea may state that he caused it to be issued, &c. (r) As to this allegation, ante, 210. VOL. II. n.-1 Saund. 300. b. n. 7. (s) See ante, 211. the indorsement for bail should be stated, and it is usual to refer to the affidavit to hold to bail, 1 Saund. 296. n. 2.-3 T. R. 183. but it is unnecessary to state the particulars of the cause of action even in a justification by the plaintiff in the original action, and though under process of an inferior court, 3 T. R. 183. -Cowp. 18. [*588] bail ($). Delivery of writ to the sheriff (t). PROCESS. IMPRISON- and also before the said time, when, &c. to wit, on, &c. at, &c. aforeMENT UNDER said, was delivered to G. H. Esquire, who then and from thenceforth until and at, and after the return of the said writ, was sheriff of the said county of ―, to be executed in due form of law; and thereWarrant to upon the said G. H. so being sheriff as aforesaid, afterwards and be one of the defendants (u). warrant to bailiff. [*589] fore the return of the said writ, and before the said time, when, &c. in the said first and second counts mentioned, to wit, on the same day and year last aforesaid, at, &c. aforesaid, made his certain warrant in writing, under his hand and seal of office of sheriff' aforesaid, directed to the keeper of the gaol of the said county of, and to the said C. D. the said sheriff's bailiff, and thereby commanded him the said C. D. that he should take the said A. B. if he should be found in his bailiwick, and safely keep him, so that the said sheriff might have the body of the said A. B. before our said lord the king at Westminster aforesaid, on — next after ---, to answer the said E. F. in the plea, and to the bill in the said writ mentioned; which said warDelivery of rant afterwards, and before the return of the said writ, and before the said time, when, &c. in the said first and second counts mentioned, to wit, on the day and year last aforesaid, at, &c. aforesaid, was delivered to the said C. D. to be executed in due form of law. By virtue of which said writ and warrant the said C. D. as such bailiff as aforedefendants as said, and the said E. F. as his servant, and by his command, afterbailiff, and wards and before the time appointed for the return of the said writ, to wit, at the said time, when, &c. in the said first and second counts mentioned, and within the bailiwick of the said sheriff, to wit, at, &c. aforesaid, took and arrested the said A. B. by his body in the said messuage or dwelling-house in the said first count mentioned, and kept and detained him in the custody of the said C. D. at the suit of the said E. F. for the cause aforesaid, for the said space of time in the said first count mentioned, as it was lawful for them to do for the Necessity to cause aforesaid (v). And because at the said time, when, &c. in the plaintiff to a said first and second counts mentioned, the said A. B. having been place of safe so arrested as aforesaid, it was necessary and expedient, in order to custody, and his resistkeep him in safe custody, under and by virtue of the said writ and ance (v). Arrest by one of the by the other in his aid. remove (u) Examine with the warrant. See the precedent, 3 Lev. 63. and the mode of pleading a warrant, 1 Saund. 298. n. 5. It is not necessary in this case to state that the warrant was under seal, 2 Saund. 305. n. 13. and see the precedent, 1 Saund. 296; when it is necessary, sce Com. Dig! Pleader, 3 M. 24. (v) Where only an arrest is justified, the plea ends here with a verification, see the precedent, 3 Lev. 63. but if a wounding or actual battery be justified, the occasion thereof must be stated in the above precedent, ante, 578. n. z. and 1 Saund. 296. n. 1. As to taking the defendant to a lock-up house, see 32 Geo. 2. c. 28. MENT UNDER PROCESS. [* 590] warrant, and to prevent him from escaping out of such custody, that IMPRISONthe said A. B. should be taken by and in the custody of the said C. D. out of the said messuage or dwelling-house, in the said first count mentioned, (the same not being a place where the said A. B. could be kept in safe custody by the said C. D. in pursuance of the said writ and warrant,) to some place in the said bailiwick, where he might be kept in the safe custody of the said C. D. under and by virtue of the said writ and warrant, and because the said A. B. being then and there requested by the said C. D. peaceably and quietly to go out of the said messuage or dwelling-house with the said C. D. for the purpose aforesaid, would not peaceably or quietly go with nor could otherwise be taken by the said C. D. from and out of the said messuage or dwelling-house to such place, for the purpose of being kept in safe custody as aforesaid, the said C. D. as such bailiff as aforesaid, and the said *E. F. as his servant, and by his command before the time appointed for the return of the said writ, to wit, at the said time, when, &c. in the said first count mentioned, within the bailiwick of the said sheriff, were forced and obliged to and did then and there necessarily and unavoidably, in order to keep the said A.B. in safe custody under and by virtue of the said writ and warrant, and to prevent him from escaping out of the custody of the said C. D. so being such bailiff as aforesaid with a little force and violence, push, force, and thrust the said A. B. from and out of the said messuage or dwelling-house in the said first count mentioned into the said street there; and because the said A. B. at the said times, when, &c. in the Plaintiff's attempt to said first and second counts mentioned, being down on the ground in escape. the said street, wholly refused peaceably or quietly to go with, nor could be otherwise taken by the said C. D. to a place wherein he might be kept in safe custody, under and by virtue of the said writ and warrant, and being so in custody as aforesaid, attempted to escape from and out of the same custody, the said C. D. and E. F. for the purpose of taking him to some place of safe custody as aforesaid, and to prevent him from escaping out of the custody of the said C. D. were forced and obliged to pull, haul, and drag the said A. B. upon his back through the mud and dirt, in and along the said street there, for. the distance and length of way in the said first count mentioned, and in so doing unavoidably a little hurt, bruised, and wounded the said A. B. and a little rent, tore, damaged, and spoiled the said clothes and wearing apparel of the said A. B. in the said second count mentioned, the said C. D. and E. F. doing as little damage to the said A. B. and his said clothes and wearing apparel as they possibly could on those occasions; which are the said supposed trespasses in the introductory part of this plea mentioned, and whereof the said A. B. 1 IMPRISON- hath above complained against them the said C. D. and E. F.* (w) MENT UNDER And this, &c. [Conclude with a verification, as ante, 470, sixth precedent.] PROCESS. [*591] The like by the sheriff or officer to whom the writ is directed (x). Justification *[Same as the last precedent as far as the asterisk, omitting the statement of the warrant, and alleging that the sheriff himself made the arrest, and state the return of the writ as follows:]-And the said C. D. further saith, that afterwards, and at the return of the said writ, to wit, on the said next after he the said C. D. duly returned the said writ to the said court of our said lord the king, before the king himself at Westminster aforesaid, and then and there returned thereon, that by virtue thereof he the said C. D. had taken the said A. B. whose body he had ready, as by the said writ he was commanded; as by the said writ and the said return thereof remaining of record in the said court of our said lord the king, before the king himself here, to wit, at Westminster aforesaid, more fully appears. And this, &c. [Conclude with a verification, as ante, 470, sixth precedent.] [First plea, general issue, as ante, 568, second plea, as follows:] by attorney, And for a further plea in this behalf, as to the said assaulting the said pias ad satis- A. B. in the said first count of the said declaration mentioned, and faciendum under a ca (y). imprisoning him and keeping and detaining him in prison for the said time in the said first count mentioned, above supposed to have been done by the said C. D. he the said C. D. by leave, &c. (actio non, as Recovery of ante, 469, 70.) Because he says that one E. F. before the said time, the judg ment. when, &c. to wit, in [*592] (state the recovery of the term, in the judgment in debt (w) If the defendants justify an arrest at another place or time than that mentioned in the declaration, there may be occasion here for a traverse, as ante, 579, and see the precedent, 3 Lev. 63. Cro. Eliz. 860. (x) See the precedent, Lutw. 936. If the sheriff or the officer to whom mesne process is directed, justify imprisonment by force of such process, he must show the writ to be returned, but the bailiff who has a warrant from the sheriff, or any person who acts in his aid, need not, 1 Salk. 409.-12 Mod. 396. Com. Dig. Pleader, 3 M. year of the reign, &c. or assumpsit, and the 24-6 T. R. 235. ante, Vol. 1. Index, tit. Process. In case of writs of execution, no return need be stated. 10 East. 82. Willes. 126. (y) See the precedents, 9 Wentw. 351. and Ind. cvi. &c. Com. Dig. Pleader, 3 M. 24. In a justification under a ca. sa. by the plaintiff in the former suit or his attorney, he must state the judgment as well as the execution, 1 Salk. 409. and the officer should not join with him if there be any doubt as to the regularity of the judgment, 2 Stra. 1184. MENT UNDER PROCESS. sued ca. sa. reference to the record, as in the precedents, ante, 190 to 193, and IMPRISONthen proceed as follows:)-And the said C. D. in fact further saith, that he the said C. D. before and at the said time, when, &c. was, and Defendant as from thenceforth hath been and still is one of the attorneys of the attorney issaid court of our said lord the king, before the king himself, (or if in C. P." of the Bench aforesaid,") and that being such attorney, and the said judgment so recovered by the said E. F. as aforesaid being in full force, and the damages therein mentioned, and so adjudged to the said E. F. as aforesaid unpaid and unsatisfied, he the said C. D. before the said time, when, &c. to wit, on the -day of -, in the year aforesaid, as the lawful attorney of and for the said E. F. in that behalf, and by virtue of his retainer in that behalf caused to be issued out of the said court of our said lord the king before the king himself, (or if in C. P. " of the Bench aforesaid,") at Westminster aforesaid, upon the said judgment, a certain writ of our said lord the king, called a capias ad satisfaciendum against the said A. B. directed to the sheriffs of London, by which said writ our said lord the king commanded, &c. (here state the ca. sa. as ante, 191, and then proceed as follows:) which said writ he the said C. D. as such attor- Delivery of writ by deney for the said E. F. as aforesaid, and as he lawfully might after- fendant to wards, and before the return thereof, and also before the said time, sheriff of when, &c. to wit, on the day of A. D. at, &c. aforeEsq. who then and said, delivered to one [First plea, general issue, as ante, 568. Second plea, as follows:] And for a further plea in this behalf, as to the said assaulting the London. [*593] The like by a sheriff's officer under (z) In another precedent the sheriff's warrant was stated, 9 Wentw. |