ADDENDA OF NEW WRITS. [Under 1 & 2 Vict. c. 110.] A REGRET will be found heretofore expressed that the judges had not exercised the power given them under 1 & 2 Vict. c. 110, to issue new writs of execution (a). Since the expression of that regret, however, and indeed since the whole of the work was printed, they have exercised their power and published the following forms-to be used from and after the first day of March next. The writ of elegit is ably drawn, with a view of carrying the Writ of eleprovisions of the Act into effect, and accords in substance with git. the precedent suggested, save the interest clause, which is new and valuable (b). As regards the fieri facias, the profession, I Fieri facias. think, will arrive at a very different conclusion; the draftsman of it clearly had an impression that goods and chattels only were leviable under it, otherwise he never would have used the terms "goods and chattels," nominatim et singulatim governed by the words "cause to be made," which are improper (c) as applicable to other things leviable under a fi. fa., namely, money, bank notes, cheques, bills, notes, &c. &c. How the words, "and that you do all such things as by the statute passed in the second year of our reign, you are authorised and required to do in this behalf," can supply the defect, individually I am at a loss to know; as they stand, they refer not to the subject-matter leviable, but to the mode of executing the writ as required by the writ and indorsement, &c. Course to be pursued until and after the 1st 1839. The course to be pursued, however, is clear. Until after the first of March next the execution creditor should sue out his elegit or fieri facias in the form suggested; and the Sheriff must make his return as in the form suggested (d): after that period of March, the Sheriff's return will be the same, naming singulatim, goods, chattels, money, bank notes, &c., for a return as general as the writ of fieri facias might perhaps be holden void for uncertainty; the additional word interest, however, must not be forgotten in Interest the return (e). (a) Ante, p. 320. (b) Ante, 321. (c) Ibid. (d) Ante, p. 331. (e) Post, returns to elegit and fi. fa. clause. FORMS OF WRITS. IT IS ORDERED, that the following forms of writs framed by the judges pursuant to the statute 1 & 2 Vict. c. 110, s. 20, be used from and after the first day of March next, with such alterations as the nature of the action, the description of the Court in which the action is depending, the character of the parties, or the circumstances of the case may render necessary, but that any variance, not being in matter of substance (ƒ), shall not affect the validity of the writs sued out. No. I. Writ of elegit upon a judgment in Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith, to the Sheriff of , greet the Court of ing. Whereas A. B., lately in our Court before us at Westminster (g), by the judgment of the same Court, recovered against C. D. £ Queen's Bench, in an action of assumpsit. 1 The day on which the judg ment was entered up. which in our said Court before us were adjudged to the said A. B. for his day of 1, or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to (f) This seems well calculated to ameliorate the practice at the judge's chambers. (g) Neither the elegit nor the fieri facias contains the non omittas clause. him and his assigns, according to the form of the said statutes, until the day of day of 2, or at any time 2 ment was or in case the judg ment was entered up prior to the 1st of Oc'tober, 1838, in the year of our Lord 1, shall have been levied. Therefore The day we command you that without delay you cause to be delivered to the said on which the judg A. B. by a reasonable price and extent all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and entered up, also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said C. D., or any person in trust for him, was seised or possessed of on the said afterwards, or over which the said C. D. on the said or at any time afterwards had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold the said goods and chattels to the said A. B. as his proper goods and chattels ; and also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the damages aforesaid, together with interest as aforesaid, shall have been levied. And in what manner you shall have executed this our writ, make appear to us at Westminster, ment was immediately after the execution thereof, under your seal, and the seals of entered up. those by whose oath you shall make the said extent and appraisement, and have there then this writ. Witness, Thomas Lord Denman, at Westminster, the day of say from the 1st day of October in the year of our Lord 1338. 2 The day on which the judg The within named C. D. hath no goods or chattels, nor any lands, tenements, rectories, tithes, rents, or hereditaments in my bailiwick, whereof I can cause to be levied the debt, damages, and interest within mentioned, as within I am commanded. G. A. Esq. High Sheriff. Indorsement. The execution of this writ appears in a certain schedule hereunto annexed. The answer of G. A. Esq. High Sheriff. (h) This return is here introduced to show how the returns embodied in the work itself are affected by the new writs. It will be observed that the only alteration is in the additional No. II. Writ of ele- Victoria, by the grace of God, of the United Kingdom of Great Britain git on a rule and Ireland, Queen, defender of the faith, to the Sheriff of greetmade in the ing. Whereas lately in our Court before us at Westminster, by a rule of Court of 1 The day on which the rule was made. 2 The day on which the rule was made, or in case it was made prior the said Court, entitled, &c. [as the case may be] the sum of £ was by the said Court ordered to be paid by C. D. to A. B., and afterwards the said A. B. came into our said Court before us, and according to the form of the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said C. D. or any person in trust for him, was seised or possessed of on the day of in the year of our Lord day of day of on which day the said rule was made, or any time afterwards, or over which the said C. D. on the said ', or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said sum of £ , together with interest upon the said sum of £ at the rate of four pounds per centum per annum, from the said in the year of our Lord 2, shall have been levied. Therefore we command you that without delay you cause to be delivered to the said A. B. by a reasonable price and extent, all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said C. D. or any person in trust for him, was seised or possessed of on from the 1st the said day of 3, or at any time afterwards, or over which day of October, in the the said C. D. on the said day of 3, or at any time afterwards, year of our had any disposing power which he might, without the assent of any other Lord 1838. person, exercise for his own benefit, to hold the said goods and chattels to the said A. B. as his proper goods and chattels, and also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said sum of £ together with interest as aforesaid, shall have been levied, and in what manner you shall have executed this our writ, make appear to us at Westminster, immediately after the execution thereof, under your seal, and the seals of those by whose oath you shall make the said extent and appraisement, and have there then this writ. to the 1st of October, 1838, say The day on which the rule was made. و Witness, Thomas Lord Denman, at Westminster, the in the year of our Lord day of |