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Judgments Act 1838

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This is the original version (as it was originally enacted).

Scheduleto which this Act refers

No. 1—Writ of Capias

Victoria, &c. _____________ To the Sheriff of ________________ or To the Constable of Dover Castle, or To the Mayor and Bailiffs of Berwick-upon-Tweed, [or as the Case may b], Greeting. WE command you that you omit not by reason of any Liberty in your Bailiwick, but that you enter the same, and take C.D. ________ 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 an Action on Promises [or, of Debt, &c] at the Suit of A.B.__________________ , or until the said C.D.___________ shall by other lawful Means be discharged from your Custody. And we do further command you that on Execution hereof you do deliver a Copy hereof to the said CD. And we hereby require the said C.D. to take notice, that within Eight Days after the Execution hereof on him, inclusive of the Day of such Execution, he should cause Special Bail to be put in for him in Our Court of ___________ to the said Action, and that in default of so doing such Proceedings may be had and taken as are mentioned in the Warning written or endorsed hereon. And we do further command you, that immediately after the Execution hereof you do return this Writ to Our said Court of ___________, 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 by any Judge thereof. Witness ___________ at Westminster, [or as the Case may be,] the ___________ Day of ___________.

Memorandum to be subscribed to the Writ

This Writ is to be executed within One Calendar Month from the Date thereof, including the Day of such Date, and not afterwards.

A Warning to the Defendant

If a Defendant, having given Bail on the Arrest, shall omit to put in Special Bail as required, the Plaintiff may proceed against the Sheriff or on the Bail Bond.

Indorsements to be made on the Writ

Bail for ___________ Pounds by Order of [naming the Judge making the Order, ] dated this ___________ Day of ___________. This Writ was issued by E.F. of ___________ Attorney for the Plaintiff [or Plaintiffs] within named. Or,

This Writ was issued in person by the Plaintiff within named, who resides at ___________ [mention the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House of the Plaintiff's Residence, if any such there be.]

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