28 VICTORIA, No. 274. day of Victoria by the grace of God [here copy the writ] and C.D. has on the appeared by E.F. his attorney [or in person] to the said writ and the said A.B. has failed to proceed to trial although duly required so to do Therefore on the it is considered that the said C.D. be acquitted and that he recover against the said A.B. of defence. day of pounds for his costs appeared by Victoria by the grace of God [here copy the writ] and C.D. has on the day of his attorney [or in person] to the said writ and the said C.D. has confessed the said action [or has confessed the said action as to part of the said land that is to say here state the part] Therefore on the day of it is considered that the said A.B. do recover possession of the land in the said writ mentioned [or of the said part of the said land] with the appurtenances and £ for costs. Section 180. In the Supreme Court The Section 188. Section 214. SCHEDULE XX. No. day of 18 • (TO WIT). On the day and year above written a writ of our Lady the Queen issued forth of this court with a notice thereunder written the tenor of which writ and notice follows in these words that is to say [Here copy the writ and notice which latter may be as follows] "Take notice that you will be required if ordered by the court or a judge to give by VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith to the Sheriff of the [Colony of Victoria or Portland Circuit District] Greeting-Whereas one A. B. has lately in our Supreme Court at Melbourne commenced his suit against C. D. of &c. [as in the writ of summons] and intends to prosecute the same against him for a return of certain cattle goods and chattels of the said A. B. which the said C. D. hath taken and unjustly detains We do therefore command you that you forthwith cause to be replevied to the said A. B. the said cattle goods and chattels if they shall be found in your bailiwick and in what manner you shall have executed this writ make appear to our said court immediately after the execution hereof and have there then this writ. Witness Sir Knight at Melbourne the One thousand eight hundred and day of SCHEDULE XXII. No. VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith to A. B. of and M. O. of Greeting-Whereas an action is now pending in our Supreme Court at between C. D. Plaintiff and E. F. of &c. and O. P. of &c. [as in the writ of summons] Defendants and in order that the Plaintiff may proceed in the said action We command you that you and each of you do retain and keep all and singular lands and other hereditaments moneys and chattels bills bonds and other property of whatsoever nature in the custody or under the control of No. 274. you or either of you at the time of the service of this writ belonging to the above- 28 VICTORIA, named O. P. or to or in which such defendant shall at the time be legally or equitably entitled or otherwise beneficially interested (and whether solely or jointly with any person or persons) and all debts of any kind then due by you or either of you to such defendant although the same or part thereof may be payable only at a future day And we further command you that you and each of you in your own proper persons be and appear before our said court [or such judge of our said court as shall be sitting at chambers] on [Monday] the day of next [or instant] at o'clock in the noon then and there to be examined touching the premises and to do and receive what shall then and there be considered of you in that behalf and this you shall in nowise omit. Witness Sir Knight &c. (To be endorsed) This writ was issued by X. Y. of &c. attorney for the within-named plaintiff [or agent for O. K. of &c. attorney for the within-named plaintiff]. If you part with any of the defendant's property or pay him any debts due to him you will become personally responsible to the plaintiff. In the Supreme Court SCHEDULE XXIII. C. D. plaintiff O. P. defendant. Notice is hereby given that an action has been commenced in this court by the abovenamed plaintiff against the abovenamed defendant for that &c. [state the cause of action] and a writ of foreign attachment has been issued directed to S. T. of &c. and U. X. of &c. for the purpose of attaching in the hands of the said S. T. and U. X. all and singular the lands and other hereditaments moneys and chattels bills bonds and other property of whatsoever nature in the custody or under the control of the said S. T. and U. X. or either of them at the time of the service of the said writ belonging to the abovenamed O. P. or to or in which such defendant shall at the time be legally or equitably entitled or otherwise beneficially interested (and whether solely or jointly with any person or persons) and all debts of every kind then due by the said S. T. and U. X. or either of them to such defendant although the same or part thereof may be payable only at a future day and if at any time before final judgment in this action the said O. P. or any person on his behalf will give the security required by law the said O. P. upon entering an appearance and upon giving notice thereof to the plaintiff may apply to the court and have the said attachment dissolved. in the year of our Lord One thousand Dated this eight hundred and day of the above bounden C. D. plaintiff and the abovenamed O. P. defendant and a writ of N.B.-Where the plaintiff is absent and a third person is bound for him the condition must be altered accordingly. The obligatory part will be as in common money bonds. SCHEDULE XXV. Therefore afterwards to wit on the day of Section 214. Section 214. Section 286. in the year aforesaid it is considered by the court here that the plaintiff do recover against the for his costs 28 VICTORIA, No. 274. Section 292. Section 299, Section 300. SCHEDULE XXVI. VICTORIA by the grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith to the Sheriff of the [Colony of Victoria or Circuit District] greeting We command you that of the real and personal estate of A.B. in your bailiwick you cause to be made the sum of pounds which C. D. lately in our Supreme Court at together with the sum of recovered against him [fractional parts of interest may be omitted in which case they will be waived] for interest upon the said sum at the rate of eight pounds for every one hundred pounds by the year until this day and have that money with such interest as aforesaid before our said court immediately after the execution hereof to be rendered to the said C. D. and in what manner you shall have executed this writ make appear to our said court immediately after the execution hereof and have there then this writ. that it C.D. show cause why A. B. [as the case may be] should not be at liberty to enter a suggestion upon the roll in an action wherein the said A. B. was plaintiff and the said C. D. was defendant and wherein the said A. B. obtained judgment for pounds against the said C. D. on the day of manifestly appears to the court that the said A. B. is entitled to have execution of the said judgment and to issue execution thereupon and why the said C. D. should not pay to the said A. B. the costs of this application to be taxed. [NOTE.-The above form may be modified so as to meet the case of an application by or against the representative of a party to the judgment.] SCHEDULE XXVIII. day of And now on the it is suggested and manifestly appears to the court that the said A. B. [or C. D. as executor of the last will and testament of the said A.B. deceased or as the case may be] is entitled to have execution of the judgment aforesaid against the said E. F. [or against G. H. as executor of the last will and testament of the said E. F. or as the case may be] Therefore on the day of it is considered by the court that the said A. B. [or C. D. as such executor as aforesaid or as the case may be] ought to have execution of the said judgment against the said E. F. [or against G. H. as such executor as aforesaid or as the case may be]. C. D. defendant in an action for (To WIT). Satisfaction is acknowledged between A. B. plaintiff and And I do hereby expressly nominate and appoint E. F. attorney-at-law to witness and attest my execution of this acknowledgment of satisfaction. The Plaintiff [or defendant] says that there is error in fact in the record and proceedings in this action in the particulars specified in the affidavit hereunto annexed. VICTORIA &c. To the Sheriff of the [Colony of Victoria or of the Circuit District] Greeting.-Whereas an action is now pending in our Supreme Court at between A.B. plaintiff and C.D. of &c. and E.F. of &c. [as in the writ of summons] defendants and in order that the said E.F. may not leave the said Colony We command you that you forthwith take the said E.F. if he shall be found in your bailiwick and him safely keep until he shall have given you bail or made deposit with you according to law in the said action or until he shall by other lawful means be discharged from your custody And we do further command you that on the execution of this writ you deliver a copy hereof to the said E.F. who is hereby required to take notice that within eight days after his arrest inclusive of the day of such arrest he should cause special bail to be put in for him in our said court to the said action and that in default of so doing such proceedings may be had and taken as are mentioned in the warning endorsed hereon And we do further command you that immediately after the execution hereof you do return this writ to our said court together with the manner in which you shall have executed the same and the day of the execution thereof or if the same shall remain unexecuted then that you do so return the same at the expiration of one calendar month from the date hereof or sooner if you shall be thereto required by order of the said court or of any judge thereof. the Witness Sir Knight at the year of our Lord One thousand eight hundred and day of in N.B. This writ is to be executed within one calendar month from the date thereof including the day of such date and not afterward. (To be endorsed.) If a defendant having given bail on the arrest shall omit to put in special bail as required by the within writ the plaintiff may proceed against the sheriff or on the bail bond. of 18 and the within-named [&c. &c. adding the day of each defendant's arrest if more than one]. B.B. one of the bail for the above-named defendant maketh oath and saith 1. That I am a housekeeper [or freeholder as the case may be] residing at [describing particularly the street or place and number if any]. 28 VICTORIA, No. 274. Section 320. Section 339. Section 351. 28 VICTORIA, No. 274. 2. That I am worth property to the amount of [the amount required by the practice of the court] over and above what will pay all my just debts [if bail in any other action add " and every other sum for which I am now bail"]. 3. That I am not bail for any defendant except in this action [or if bail in any other action or actions add "except for C. D. at the suit of E. F. in the sum of for G. H. at the suit of J. K. in the sum of specifying the several actions and the sums in which the deponent is bail]. 4. That my property to the amount of the said sum of [if bail in any other action or actions add "and of all other sums for which I am now bail as aforesaid"] consists [here specify the nature and value of the property in respect of which the bail proposes to justify as follows:-" of stock in trade in my business of carried on by me at owing to me to the amount of situate at of of the value of of good book debts ""of furniture in my house at ""of a freehold [or leasehold] farm of the value of occupied by or "of a dwelling house of the value "][or of other property situate at occupied by particularising each description of property with the value thereof]. 5. That I have for the last six calendar months resided at [describing the place or places of such residence]. Sworn &c. 010 ... 026 ... ... ... ... ... ... 010 010 010 016 Ascertaining amount to be recovered on judgment by default, or excess Office copies, per common law folio... Entering for trial... 010 Taxing costs, for every forty shillings of the amount ... ... ... ... ... 1 0 006 Section 372. SCHEDULE XXXIV. FEES. To sheriff for summoning each juryman within five miles of sheriff's office To the sheriff shewers and jurymen the travelling expenses actually and To the sheriff when the distance does not exceed five miles the sum of... For every day (if necessary) after the first the sum of To each juryman per diem the sum of |