And this to merit or deferve fuch ill treatment. deponent 7. H. for himself faith, That he was prefent at the several times mentioned by the other deponent, and that he did fee the faid P. C. ill treated in manner and form as by him above depofed and this deponent faith, That he did not fee or hear the faid P. C. fay or do any thing, in this deponent's hearing, to deferve or merit fuch ill treatment and this deponent P. C. for himself, further faith, That he has been informed, and which information this deponent believes to be true, that the faid 7. D. is a perfon of good circumftances, and well able to make fatisfaction for the faid ill treatment: and this deponent laftly faith, That he is informed that the faid J. D. will foon depart this realm; and unless he be held to bail, this deponent will be deprived of that fatisfaction to which he thinks himself entitled by the laws of this country. It feems that an order has been refused on the plaintiff's own affidavit. Procefs. Process. PROCESS is that by which a man is called into any temporal court, because it is the beginning or principal part thereof by which the reft is directed or, if taken ftrictly, it is the proceeding after the original and before judgment. Britton 138. Crompton of Courts 133. 8 Rep. 157. Procefs to call perfons into court, &c. must be in the name of the king; and if it iffue from the fuperior court, it ought to be under the tefte of the chief justice, or of the fenior judge of the court, if there be no chief juftice; and if it iffues from any other court, it is to be under the tefte of the firft in commiffion. Dalt. ch. 132. Finch 436. Cro. Car. 393. No fpecial writs By the 5 Geo. 2. c. 27. fec. 5. it is enacted, That fhall iffue in fuits where the where the caufe of action fhall not amount to ten caufe of action pounds or upwards in any fuperior court, or to forty does not amount fhillings or upwards in any inferior court, no fpecial to 101. writ or writs, nor any process specially therein expreffing the cause or caufes of action, fhall be fued forth or iffued from any fuch fuperior or inferior court refpectively, in order to compel any perfon to appear in fuch court or courts; and all proceedings and judgments, that shall be had on any fuch writ or process, fhall be void; and every attorney, &c. fuing forth or iffuing out fuch writ or procefs, fhalt on penalty of sol. forfeit ten pounds to the perfons aggrieved, who may recover the fame by action of debt, &c. on the writ, Attorney's name The name of the attorney fhall be indorfed on must be indoried the writ or procefs to be iffued, Stat. 2 Geo. 2. c.23. fect. 22.; as alfo on the warrant granted by the fheriff, on pain of 51. But the not indorfing the name of the attorney on the warrant, fhall not vitiate the fame, provided the writ be regularly fubfcribed. 22 Geo. 2. c. 13. Sect. 4. Barnes 329. 412. Lagget v. Watkins. Of Of commencing an action in this court by comm:n capias. capias, if bail davit is fworn The method of commencing an action in this The method of court if the defendant is to be holden to bail, is as commencing the fuit by common follows: Prepare an affidavit of the plaintiff's demand, able. ingrofs it on a treble fixpenny ftamp paper, which is to be fworn before a judge, or the filacer of the county where the writ iffues; then prepare a precipe for the writ, which muft be adapted according to the nature of the action, and a capias (which may be had In a country at the ftationer's already printed, except the ac- ctiam), caufe the affiand also a warrant or memorandum to profecute before a comthe fuit purfuant to the ftatute 25 Geo. 3. c. 80. miffioner there, on a 2s. 6d. ftamp: take the affidavit, præcipe, capias and warrant to the proper filacer, who will fign fame, pay 25. 2d.; then go to the feal office, No. 3, Inner Temple Lane, and get fame fealed, pay 7 d. The warrant is obtained at the fheriff's office (if in Middlefex, in Took's Court, GurfitorStreet); if in London, in Grocer's Alley, in the Poultry, pay 4 d.; if in Surry, Effex, or Kent, pay 6d.; any other county, 2 s. 6d. The neceffary precedents for the warrant or memorandum, writ and præcipe, will be as follow. In the Court of Common Pleas. profecute. 2s. 6d. & as Middlefex, Richard Nix is retained to profecute, Warrant to to wit. by Rickard Fenn, as his attorney, amp. against John Denn. Richard Nix, plaintiff's attorney. No. on the file. If by an agent to the folicitor immediately retained, add, by G. H. his agent. Entered or filed of record this in the 30th year of king Geo. III. day of (Officer's Name.) Thefe latter words are wrote by the filacer. None of the duties mentioned in the act are to None of the be charged to the client; if they are charged, then duties to be to charged, &c, Agents to be repaid the 2s. 6d. Capias in debt requiring bail. to be difallowed: or if paid, the attorney to refund, The agents are to be repaid the 2s. 6d. ftamp for the memorandum or warrant, by the folicitor employed in the fuit. fect. 25. George the Third, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and fo forth, To the fheriff of Middlesex, greeting: We command you, that you take John Denn, late of Westminster, in your county, yeoman, and Richard Roe, late of the fame place, yeoman, if they fhall be found in your bailiwick, and them fafely keep, fo that you may have their bodies before our juftices at Weftminfler, in eight days of Saint Hilary, to anfwer Richard Fenn, in a plea, wherefore, with force and arms, the clofe of the faid Richard at Wefiminfter they broke, and other wrongs to him did, to the great damage of the faid Richard, and against our peace; and also that the faid John Denn may answer the faid Richard Fenn, according to the custom of our court of Common Bench, The penalty of in a certain plea of debt upon demand, for one hundred pounds; and have you there this writ. Witness Alexander Lord Loughborough, at Westminster, the 28th day of November, in the 30th year of our reign. Ac-etiam. the bond. Make a præcipe for the filacer thus, on plain paper. Præcipe for the Middlefex, Capias for Richard Fenn against John office. to wit. Denn, late of Westminster, in the faid county, yeoman, trefpafs at Westminster, debt for 100% returnable in eight days of Saint Hilary. Oath for 50%. 7. P. Attorney. Inner Temple, 2d January 1790. The The writ of capias must be made on a general Return. return day. 1 Barnes 295. Lloyd v. Beeflon. And there must be fifteen days between the teste and return. 2 Wilf. 117. Atkinson v. Taylor. Barnes 409. Williams v. Faulkner. But it may be tefted before the cause of action accrued in every cafe (except where the plaintiff proceeds to an outlawry); and fuch tefte must bear date in term. It is not neceffary to add the filacer's name to a Filacer's name. capias. Froft v. Eyles and Jaques. H. Blacks. Rep. 120. George the Third, &c. To the fheriffs of London, Capias in cafe. greeting. We command you that you take Richard Fenn, late of Westminster, in your county, yeoman, and Richard Roe, late of the fame place, yeoman, if they may be found in your bailiwick, and them fafely keep, fo that you may have their bodies before our juftices at Westminster, in eight days of Saint Hilary, to answer John Denn, in a plea wherefore with force and arms the clofe of the said John Denn, at London, they broke, and other wrongs to him did, to the great damage of the faid John Denn, and againft our peace; and alfo that the Ac etiam. "and faid Richard may answer the faid John, according "to the custom of our court of Common Bench, in a "certain plea of trespass on the cafe, upon promifes, "to the damage of the faid John of thirty pounds;' and have you there this writ. Witnefs Alexander Lord Loughborough, at Westminster, the 28th day of November, in the 30th year of our reign. London. Capias for John Denn against Richard The præcipe, Fenn, late of Westminster, in the faid county, yeoman, trefpafs at Westminster. Cafe for 30%. upon promifes, returnable in eight days of Saint Hilary. Oath for 15%. 7. P. Attorney. Inner Temple, 2d January 1790. capias in the tefte. This court cannot amend an original writ, be- Amendment of cause it iffues out of the court of chancery; yet this court can amend all mefne process, and alfo an 4 attach |