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IN THE EIGHTEENTH YEAR OF THE COMMONWEALTH. 295

A FIERI FACIAS IN DEBT.

1793.

THE commonwealth of Virginia, to the sheriff of

county, Forms of the writs

tels.
Debt.

greeting: We command you, that of the goods and chattels of A. B. late Against goods and chatin your bailiwick, you caufe to be made the fum of lately in our fum of

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which C. D. court hath recovered against him for debt; alfo the which to the faid C. D. in the fame court were adjudged for his damages, as well by reafon of detaining the faid debt, as for his cofts in that fuit expended, whereof he is convicted, as appears to us of record, and that you have the faid before the judges or juftices (as the day of

cafe may be) of our faid court, the

,

to render to the

faid C. D. of the debt and damages aforefaid. And have then there this writ. Witness, &c."

THE SAME IN CASE, UPON A PROMISE:

AS before unto "for his damages, which he fuftained, as well Cafe, affumpfit, by reafon of his not performing a certain promife and affumption to the said C.D. by the faid A. B. lately made, as for his cofts by him about his fuit in this behalf expended, &c."

AS before unto

IN TRESPASS.

"for damages, as well by occafion of a cer- Trefpafs.

tain trespass by the said A. B. to the said C. D. offered as for his costs, &c."

IF FOR THE DEFENDANT, SAY,

"FOR his cofts about his defence in a certain action at the fuit of the For the defendant, faid, &c."

AS before unto

IN COVENANT.

for damages, by occafion of a breach Covenant? of a certain covenant between the faid A. B. and C. D. lately made, &c."

THE FORM OF A WRIT OF ELEGIT.

"THE commonwealth, &c. greeting: Whereas A. B. at our court, &c. before our judges (or juftices) held, hath recovered against C. D. the fum of which to the faid plaintiff was adjudged for a certain debt or damages," as before" ;" and the faid A. B. hath chofen to have delivered to him all the goods and chattels of the faid C. D. faving only the oxen and beafts of his plough, and alfo a moiety of all his lands and tenements in your bailiwick, to have and to hold the goods and chattels aforefaid as his own proper goods, and the faid moiety as his freehold to him and his affigns, until he fhall have levied thereof the debt and damages aforesaid: Therefore we command you that you caufe to be delivered, all the goods and chattels of the faid C. D. faving the oxen and beasts of his plough, and alfo a moiety of all his lands and tenements in your bailiwick, whereof he at the day of obtaining the faid judgment was feized, or at any time afterwards, by reafonable price and extent, to have and to hold the faid goods and chattels, to him the faid A. B. as his own proper goods and chattels, and the faid moiety as his freehold, to him and his affigns, until he fhall have levied thereof the debt and damages aforefaid, and that you certify our faid judges (or juftices) under your own feal, and the feals of those by whofe oath you fhall make this extent and appraisement, how you execute this writ, the day of And have then there this writ, &c." a

A CAPIAS AD SATISFACIENDUM.

Against lands and tene

ments.

"THE commonwealth, &c. greeting: We command you that you take A. B. Against the body.
, if he be found within your bailiwick, and him fafely keep,
day of

late of
fo that you have his body before our judges (or juftices) of our
to fatisfy C. D. the fum of

&c. the

the faid C. D. hath recovered against him for debt, alfo, &c." as before.

court, which

IN CASE, TRESPASS, OR COVENANT, as in THE FIERI FACIAS.

WHICH faid writs fo iffued, fhall be executed by the fheriff or other officer Foms of the returna to whom the fame fhall be directed, and fhall be returned according to the re

fpective forms hereafter mentioned, to wit:

THE RETURN OF A FIERI FACIAS.

"BY virtue of this writ to me directed, I have caused to be made the within Fieri facias executed.

(a) 13 Edw'd x, cb. 19.

1793.

Where no goods.

Where part is levied.

Elegit executed.

Capias executed,

Not executed.

In what manner ano

ther execution may be iffued where the first

has not been ferved, or has not been satisfied.

296 IN THE EIGHTEENTH YEAR OF THE COMMONWEALTH.

mentioned fum of

of the goods and chattels of the within named
before the judges (or juftices) within men-

A. B. which faid fum of
tioned, at the day and place within contained, I have ready, as that writ re-
quires."

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"THE within named A. B. hath no goods or chattels within my whereof I can make the fum within mentioned."

OR,

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bailiwick,

"BY virtue, &c. I have caufed to be made of the goods and chattels of the within named A. B. the fum of which I have ready to render to the within named C. D. in part of the debt and damages within mentioned: And I do further certify, that the faid A. B. hath no more goods and chattels within my bailiwick, whereof at prefent I can make the refidue of thie faid debt and damages, as by the faid writ is required."

RETURN OF A WRIT OF "ELEGIT." "INQUISITION indented, taken at

, in the county aforefaid, the day of in the year of our Lord , before me E. F. fheriff in the county aforefaid, by virtue of a writ to me directed, and to this inquifition annexed, and by the oath of A. B. C. &c. good and lawful men of my bailiwick, who being charged and fworn upon their oath do fay, that A. B. in the faid writ to this inquifition annexed, named, the day of the caption of this inquifition, was poffeffed of the goods and chattels following, as of his own proper goods, to wit, of the price of which I, the faid fheriff, have caufed to be delivered to the fame C. D. to hold to him as his own proper goods and chattels, in part of fatisfaction of his debt and damages aforefaid, in the faid writ mentioned and further the faid jurors upon their oath do fay, that the faid A. B. at the time of rendering the judgment aforefaid, was feized in his own demefne, as of fee, of an in [here name the houses and lands] with the appurtenances of the annual va' in all the iffues beyond reprises of acres of which, or thereabouts, are a true and equal moiety of all and fingular the lands, tenements, and hereditaments whatfoever, in the county aforefaid, of the faid A. B. which faid moiety, I the faid fheriff, the day aforefaid, to C. D. in the faid writ named, at a reasonable extent, have delivered to hold to him and his affigns, as his freehold, according to the form of the act in that cafe made and provided, until he fhall have levied the refidue of the debt and damages aforefaid, as the writ aforefaid requires; and further the faid jurors upon their oath do fay, that the faid A. B. at the time of giving the judgment aforefaid, had not, nor at the day of taking this inquifition, hath any other or more goods and chattels, lands or tenements in the county aforefaid, to the knowledge of the jurors aforefaid. In teftimony whereof, as well I the faid fheriff, as the jurors aforefaid, to this inquifition have feverally put our feals, the day, year, and place above mentioned."

pounds,

RETURN OF A CAPIAS AD SATISFACIENDUM.

"BY virtue of this writ to me directed, I have taken the within named A. B. whofe body before the judges (or jullices) within named, at the day and place within contained, I have ready to fatisfy C. D. of the debt and damages within mentioned, as within to me is commanded."

OR,

"THE within named A. B. is not found within my bailiwick."

II. WHEN any writ of execution shall iffue, and the party at whose suit the fame is iffued, shall afterwards defire to take out another writ of execution at his own proper cofts and charges, the clerk may iffue the fame, if the first writ be not returned and executed; and where, upon a capias ad fatisfaciendum the sheriff shall return that the defendant is not found, the clerk may iffue a fieri facias; and if upon a fieri facias, he shall return that the party hath no goods, or that only part of the debt is levied, in fuch cafe it shall be lawful to iffue a capias ad fatisfaciendum upon the fame judgment; and where part of a debt shall be levied upon an elegit, a new elegit shall iffue for the refidue; and where nihil shall be returned upon any writ of elegit, a copias ad fatisfaciendum, or fieri facias may iffue, and fo vice versa; and where one judgment is obtained against feveral defendants, execution thereon shall iffue as if it were against one defendant, and not otherwife. †

+ Act concerning Feofails, ch. 76, fec. 5, plaintiff limited to 10 years in fuing out executions and in moving against fheriffs.

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