Of Proceeding by an Attorney Plaintiff.

"the faid courts, although there be no particular certainty "of the cause of action expreffed or contained the faid writs; but that neverthelefs, no fheriff or under-fheriff, nor any "of the officers or minifters aforefaid, fhall discharge any "perfon or perfons, taken upon any writ of capias utlaga"tum, out of cuftody, without a lawful fuperfedeas firft had "and received for the fame; and that, upon the faid writs "of attachment, fuch lawful course be taken for fecurity "for appearance therein as hath been heretofore ufed; any thing herein before expreffed to the contrary thereof "in any wife notwithstanding.

The fame in this court. New Pract. 310.

An attachment of privilege, is but as a latitat, and not as an_original. I Show. 367.

By Reg. H. 20 Geo. 2. Every attorney of this court, who fhall fue out any attachment of privilege against any defendant, fhall leave a præcipe with the figner of the writs, with the defendants names, not exceeding four in each writ, with the return and day of figning fuch writ, with the 'agent's or attorney's name who fued out the fame. And all fuch præcipes fhall be entered on the roll, where the præcipes of latitat, and all other writs iffuing out of this court, are entered; and the officer who figns the writs in this court fhall not fign fuch attachment till a præcipe bet left with him for that purpose.

In B. R. you pay nothing for figning the writ; but for fealing it, 7 d. to the fealer. Rich. Att. Pract. B. R. 410.

The form of the præcipe to be left with the figner of the writs, is as follows:

Surry. Attachment of privilege for A. B. gentleman, one of the attornies, &c. against C. D. Debt.

O. P. agent.

21 Nov. 1779.

Returned Wednesday next after the morrow of All Souls.

Affidavit for 501.

Of Proceeding by an Attorney Plaintiff.

An attachment of privilege, is not like an original writ; and therefore, the plaintiff may put feveral defendants into one attachment, and declare against them feverally. King's Rep. 38-9. Att. Pratt.

An attachment of privilege must have fifteen days between the tefte and return. Att. Prac. 67.

By Reg. H. 11 G. 2. You must make out a præcipe, containing the plaintiffs and defendants names, not exceeding four in the whole, with the return of the writ, day of figning, and the agent's or attorney's name, who fues out the fame: this præcipe you must leave with the prothonotary, who, without fee or reward, is to enter the fame on a remembrance roll, to be kept in his office for that purpose; and he is not to fign any attachment of privilege, unless fuch præcipe be left in his office at the time of figning

thereof.

In C. B. you pay nothing to the prothonotary for figning the writ, and only one penny for the feal. Rich. Att. Pract. C. B. 258.

Like præcipe in this court, to be left with the prothonotary.

Of Proceeding by an Attorney Plaintiff.

If the attachment requires only a common appearance, a copy thereof is ferved with an English notice in writing, fubfcribed as in other cases; and the appearance must be entered with the clerk of the common bails.

If it requires fpecial bail, a judge's clerk takes the recognizance, as in other cafes.

a

Of Proceeding by an Attorney Plaintiff.

If the attachment requires only common bail, after a copy thereof is ferved, with an English notice in writing, fubscribed as in other cafes, the appearance must be entered with the prothonotary, who figned the writ; but if it requires Special bail, his clerk of the dockets prepares the bail-piece or recognizance, and attends a judge, or the court where the fame is entered into, and the bail justify, or fresh bail is added, in the fame manner as the filazer does on mesne procefs by original.

Of Proceeding by an Attorney Plaintiff.

The beginning of a declaration, at the suit of an attorney in B. R. is thus:

Middlefex, to wit. A. B. gent. one of the attornies of the court of our lord the king, before the king himfelf, complains against C. D. being in the custody of the marshal of the Marshalfea, &c. [as in other declarations add pledges.

In C. B. it is in this form:

Middlefex. C. D. late of, &c. was attached by a writ of our lord the king, of privilege iffuing out of our court here, to answer A. B. gent. one of the attornies of the court of our lord the king of the Bench here, according to the liberties and privileges of the fame court; for fuch attornies and other minifters of the fame Bench, time out of mind, ufed and approved of in the fame in a plea of trefpass on the cafe, &c. and thereupon the faid A. in his proper perfons, complains, &c.

add, pledges.

The fubfequent proceedings, at the fuit of an attorney, are the fame as in other cafes.

If an attorney delivers his declaration four days exclufive, before the end of the term, the defendant muft plead as of

that term.

If an attorney delivers his declaration four days exclusive, before the end of the term in which the attachment was returnable, and enters a rule to plead, and demands a pleà, the defendant fhall be obliged to plead as of that term; and if he does not deliver his declaration in that time, the defendant is entitled to an imparlance:

And if he does not deliver his declaration before the effoin. day of the fubfequent term, the defendant must have an imparlance to the term next following.

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