382 Df laving the Statute of Limitations.

Of entering Procefs on the Roll to fave the Statute of Limitations.

the aforefaid C. D. and E. F. are not, nor is either of them found in his bailiwick.

Roll.

This entry of a bill of Middlefex will serve to illuftrate the practice upon other process, for if the process fued forth be a latitat or attachment of privilege in B. R. it must be fet forth upon the roll, with the return, in the fame formand fuch procefs when returned must be taken to the figner of the writs in B. R. to file the fame, and the roll carried to the clerk of the judgments to be entered and docquetted; the plaintiff's attorney making out a docquet paper in this

manner :

Entry of William Lyon, gentleman, one, &c.

Middlefex, to wit. Entry of a bill to fave the ftatute between 1. B. plaintiff, and C. D. and E. F. defendants.

Returnable, &c.

Roll.

If in B. R. the process fued forth is an original or capias, the entry thereof, with the return, muft be made out accordingly and docquetted, fuch process when returned being filed with the filazer.

So, in C. B. if it be an original or capias, the same muft be filed with the filazer; and the roll carried in and docquetted with the clerk of the judgments.

If a plaintiff would take advantage of procefs fued out in this manner; upon the defendant's coming into court afterwards and pleading the ftatute in bar of the action, the plaintiff muft fhew that he has continued the writ to the time of the action brought, and muft fet forth that the first writ was returned. For if the defendant plead non affumpfit infra sex annos ante exhibitionem billa and the plaintiff tenders an iffue thereon and iffue be taken, the plaintiff cannot give the latitat in evidence; for a latitat may either be the commencement of the action, or only procefs to bring the defendant into court; and as procefs it may be fued out before the cause of action accrues. Bull. Ni. Pri. 151.

Of entering Process on the Roll to save the Statute of Limitations.

So that the plaintiff to fuch plea, inftead of tendering iffue, fhould reply a latitat, fued out at fuch a time, and fhew the fame returned; then continue the fame in his replication to the process on which the party comes in ; averring, that the firft process fued out and returned, was fued out with a view to exhibit his bill, or declare for the fame identical caufe of action; and that the fame was fued out within the time limited by the ftatute.

The continuances in fuch cafe where the plaintiff is driven to fhew the writ continued may be entered roll at any time.

upon the Neither the king, nor ecclefiaftical perfon, are within the ftatute of limitations.

11 Rep. 74.

If one fues out an ariginal, or takes out a latitat in a perfonal action within the time limited by the statute, and upon his latitat hath a non eft inventus returned by the sheriff, and enters his writ upon the roll and files it, though he doth not declare against the party within the time limited by the ftatute, the action fhall be faid to be brought in due time. 2 Vent. 192. 193. 259.

TABLE

HSA

1

Of the Rules concerning Prisoners, B. R.

Page

I

4

Of the Rules concerning Prifoners, C. B.
Of Proceeding against Prisoners in Cuftody of the
Sheriff, &c. at the Suit of the Party, B. R.
Of Proceeding against Prisoners in Custody of the
Sheriff, &c. at the Suit of the Party, C. B.
Of Proceeding against Prisoners in Cuftody of the
Sheriff, &c. under a prior Commitment, B. R.
Of Proceeding against Prisoners in Cuftody of the
Sheriff, &c. under a prior Commitment, C. B.
Of Proceeding against Prifoners in the Cufto ty of
the Marshal, B. R.

14

15

18

Of Proceeding against Prisoners in the Custody of
the Warden of the Fleet, C. B.

19

Of Proceeding against Prifoners removing them-
felves when charged with Procefs, B. R.

24

Of Proceeding against Prifoners removing them-
felves when charged with Procefs, C. B.

25

Of the Rule to appear and plead, and when a De-
fendant, Prifoner, must plead, B. R.

26

VOL. II.

Of the Rule to appear and plead, and when a De-
fendant, Prifoner, muft plead, C. P.
Cc

27

Of

Of Judgment against Prifoners, and of charging

them in Execution, B. R.

Page

Of Judgment against Prifoners, and of charging

them in Execution, C. B.

Of a Prifoner's obtaining a Superfedeas,

Of Prisoners removing themfelves by Habeas Corpus

from the Prisons of inferior Courts into the King's

Bench or Fleet Prisons,

Of Outlawry.

On mefne Procefs,

Of fuperfeding the Exigent before Outlawry,

Of appearing to the Exigent, and of reverfing the

Outlawry by Motion on coming in gratis,

Of appearing to the Exigent gratis, and of reverfing

the Outlawry by Writ of Error,

Of the Arrest upon the Capias Utlagatum, of Bail

thereon, and of reverfing the Outlawry by Writ

of Error afterwards,

Of declaring after the Outlawry reversed or fuper-

feded,

28

29

36

37

40

51

52

58

60

68

Of Stire facias,

f the Scire facias against Bail, and of Proceedings

therein,

71

72

Of the Scire facias against Bail, and herein of the

Tefte and Return of the Writ, &c.

77

Of the Scire facias against Bail, and herein of reliev-

ing them [by Motion] after they are faid to be

fixed,

80

Of the Scire facias against Bail, and herein of reliev-

ing them after Error brought on the principal

Judgment,

Of the Scire facias against Bail, and herein of ap-

pearing thereto,

85

87

Of