The like ftamps. from the sheriff. above-named J. W. the avowant in this caufe, affigned over unto him the faid 7. W. this replevin-bond, pursuant to the act of parliament in that cafe made and provided. IN WITNESS whereof, I have hereunto fet my hand and feal of office this day of in the year A declaration in replevin. Sealed and delivered [being firft duly ftamped] in the prefence of K. B. day of , Trinity-term, 31 Geo. 3. J. K. 3. LONDON, to wit. C. D. was fummoned to answer A. B. of a plea, wherefore he took the goods and chattels To be engroffed of the said A. B. and them unjustly detained against gages on treble penny. and pledges until, &c. And whereupon the faid A. B. by R. R. his attorney, complains that the faid C. D. on the (any day after the distress made, and before the fuit commenced) in the year of the reign of our fovereign lord George the Third, now king of Great Britain, &c, at London, in the parish of St. Mary-le-Bow, in the ward of Cheap, to wit; in a certain place there called took the goods and chattels following, to wit, (here infert the things taken, if known particularly; if not, a fufficient quantity of different forts of houfbold furniture to cover the fame) belonging to him the faid A. B. and unjustly detained the faid things fo taken against fureties and pledges until, &c. whereby the faid A. B. fays, that he is injured, and hath sustained damages to the value of pounds, and therefore he brings fuit, &c. Avowry for rent in replevin. To be engroffed on treble penny. 4. AND the faid C. T. by M. T. his attorney, comes and defends the force and injury when, &c. and well avows the taking the faid goods and chattels in the faid place in which, &c. and justly, &c. because he fays, that the fame place, in which the taking the faid goods and chattels is fuppofed to be done, contains, and at the fame time, when the taking the faid goods and chattels is fuppofed to be done, contained a certain meffuage or tenement, with the appurtenances, in the faid ftreet called in the parish of St. Marly-le-Bow, in the ward of Cheap, in the city of London aforefaid, of which faid meffuage or tenement, with the appurtenances, before the faid time in which, &c. one E. F. day of in day of E. F. was feifed in his demefne as of fee; and being fo feifed, the faid E. F. before the faid time when, &c. to wit, on the year of the reign of our fovereign lord George the Third, at London aforefaid, in the parish of St. Mary-le-Bow, in the ward of Cheap aforefaid, demifed the faid meffuage or tenement, with the appurtenances, to the faid C. D. To hold to him the faid C. D. and his affigns, from the then laft paft, before the date of the faid leafe, for the term of years from thence next enfuing and fully to be complete and ended, by virtue of which faid demife the faid C. D. was poffeffed of the faid meffuage or tenement, with the appurtenances aforefaid; and being fo thereof poffeffed, he the faid C. D. before the faid time when, &c. to wit, on the day of in the faid year of the reign of our fovereign lord George the Third, demised the faid meffuage or tenement, with the appurtenances, to the faid A. B. to hold the fame from the day of then next following, for the term of years from thence next ensuing, and fully to be complete and ended: Yielding, therefore, for the faid year to the faid C. D. or his affigns, the rent of pounds, of lawful money, &c. at the four ufual times of payment of rent in the year, to wit, on the day of the day of by even and equal portions: By virtue of which faid demife, the faid A. B. entered into the faid meffuage or tenement, with the appurtenances, and was poffeffed thereof and occupied the faid meffuage or tenement, with the appurtenances, for the space of three quarters of a year; and because the fum of pounds, of the faid rent, after the demise so made for the time aforefaid, on the last past, and before the taking the faid goods and chattels, was in arrear and unpaid to the faid C. D. the faid C. D. well avows the taking the faid goods and chattels in the faid place in which, &c. and justly, &c. for the faid pounds, being in arrear to the faid C. D. in form aforefaid, as in the faid meffuage or tenement, with the appur tenances, bound and liable to the distress of the faid C. D. in form aforefaid; and this he is ready to verify; Wherefore he prays judgment, and a return of the faid goods and chattels to be adjudged to him, &'c. , the day of the day of day of 5. AND the faid A. B. fays, That the faid C. D. for the reafons before alledged, ought not to well avow the taking the goods and chattels in the place in which, &c. because he fays, That the faid pounds, or any part thereof of the rent aforefaid, at the faid time when, &c. was not in arrear or unpaid to the faid C. D. as the faid C. D. in his faid avowry has above alledged; and this he prays may be enquired of by the county: And the faid C. D. does fo likewife: THEREFORE it is commanded to the sheriff, that he caufe to come before our lord the king, at Westminster, from, &c. (the return of the venire) twelve, &c. by whom, &c. and who neither, &c. to recognize, &c. because as well, c. the fame day is given to the faid parties there, &c. NOTE: The above declaration, plea, replication, and award of venire, complete THE ISSUE in replevin, only adding a memorandum to the declaration and plea, if neceffary, as in a common action. In making up the record in replevin, you add placita's as in a common action; the jurata the same, mutatis mutandis. If judgment go by default, or the plaintiff in replevin be nonfuited, you must execute a writ of inquiry. The form of a where judgment 6. GEORGE the Third, &c. To the fheriffs of London, writ of inquiry greeting: WHEREAS C. D. was fummoned, &c. (as in the in replevin, declaration and plea, or avowry, to the end thereof) and the is for defendant fame day was given to the faid C. &c. on which day came on a nonfuit. the faid C. into our court before us at Westminster, and the To be engroffed faid A. although folemnly called, did not come, nor furon five fix-penny ther profecute his writ aforefaid: Therefore it is confidered Stamps. that the faid 4. take nothing by his writ aforefaid, but be in mercy for his falfe claim thereof; and that the said C. do go there of without day, &c. Therefore we command you, that according to the form of the ftatute in fuch cafe lately made and provided, by the oath of twelve good and lawful men of your county, you diligently inquire how much of the yearly rent aforefaid, at the fame time of taking and diftraining of the goods and chattels aforefaid, was in arrear and unpaid; and how much the goods and chattels aforefaid, aforefaid, fo as aforefaid taken and diftrained were worth, according to the true value of the fame, and the inquifition, which, &c. fend to us from (the return of the inquiry) under your feals, and the feals of those by whofe oath you fhall take that inquifition, together with this writ. WITNESS, William Earl Mansfield, at Westminster, &c. PONE. 7. GEORGE the Third, &c. To the fheriff of Middle- The form of fex, greeting: Put by upon the petition of the petitioner, the writ of on (the return) wherefoever we shall then be in England, the plaint which is in your county, by our writ between A. To be engroffee and C. of the goods and chattels of the faid A. taken and on a five fixunjustly detained, as it is faid, and fummon by good fum- penny kamp. moners the aforefaid C. that he be then there to answer the aforefaid A. hereof: and have there the fummoners and this writ. WITNESS, &c. the writ of RE CORDARI. Five fixpenny ftamps. 8. GEORGE the Third, &c. To the fheriff of Middle- The form of fex, greeting: WE command you, that you caufe to be recorded in your full county the plaint which is in the fame county, without our writ, between A. and C. of the goods and chattels of the faid A. taken and unjustly detained, as it is faid, and have the record before our justices at Weftminfter (the return) wherefoever, &c. under your feal, and the feals of four lawful faitors of the fame county, of those who were prefent, at the recording it, and prefix the fame day to the parties that they be then there, to proceed in that SeeFitzherbert's plaint according to justice, and have there the names of the Natura Brevium faid four fuitors, and this writ. Witness, &c.-LET this 4to. Edit, 1756. writ be executed, if the aforefaid A. petition for it, and otherwife not. TORNO HA 9. GEORGE the Third, &r. To the sheriffs of Lon- The form of the den, greeting: WHEREAS A. B. lately in our court before writ of R. us at Westminster, was fummoned to anfwer to C. D. in an BENDO against action, wherefore he took (the goods, &c. taken) the goods, the plaintiff by Esc. of him the faid C. D. and unjustly detained them default. against Five Expenny ftamps. against fureties and pledges, &c. as he alledged; and the faid C. afterwards made default in our faid court before us, wherefore it was confidered in our fame court before us, that he and his pledges for profecuting fhould be amerced, and that the faid A. might depart the court without day, and should have a return of the goods, &c. aforefaid: Therefore we command you, that without delay. you return the faid goods, &c. to the faid A. and you fhall not deliver them at the complaint of the faid C. without our writ, which fhall exprefsly mention the faid judgment, and in what manner you execute this writ, you fhall make appear to us, (the return) where foever, &c. and have you there this writ. Witnefs, Lloyd Lord Kenyon, at Westminster, &c. The form of the writ of SECOND DI- Five fixpenny The sheriff's return to the 10. GEORGE the Third, &c. To the fheriffs of London, greeting: If C. D. fhall give you fecurity that he will profecute his claim, and alfo return the goods, &c. which in our court before us were lately adjudged to A. B. through the default of the faid C. WE command you, that if by means of our writ de retorno habendo, lately directed to you for that purpose, you have made a return of the faid goods, &c. to the faid A. B. then do you cause them to be re-delivered to the faid C. D. and by fureties and fafe pledges compel the said A. that he be before us on (the return) wherefoever, &c. to answer to the faid C. D. for taking and unjustly detaining the faid goods, &c. aforefaid; and have you there the names of the pledges and this writ. Witness, Lloyd Lord Kenyon, &c. 11. By virtue of this writ to me directed, I have caufed to be re-delivered to the within named C. D. his goods, &c. foregoing writ. within-mentioned, as I am within commanded to do. The pledges within-named are John Doe and Richard |