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bailable process, by the sheriff or other officer to whom the writ shall be directed, or his successor in office; and in process not bailable by the plaintiff or his attorney suing out the same, as the case may be (p).

If process, however, has been sued out previous to the passing of the act, proceedings may still be continued thereon, the act referring to actions to be commenced after the passing of that act (q).

(p) R. G. M. T. 3 Will. IV.

(q) M. S. Store v. Bold, K. B. M. T. 3 Will. IV.

BOOK IV.

against

PROCEEDINGS AGAINST PEERS, BISHOPS, AND MEMBERS

OF PARLIAMENT.

Proceedings THE act for the uniformity of process having abolished Peers, M.P.'s the former proceedings against peers, members of parlia

&c.

Same as against common Persons.

ment, &c. the proceedings against them must now be the same as against common persons, except where it is intended to proceed against members of parliament, under the statute 6 George IV. c. 16. intituled, "An Proceedings Act to Amend the Laws relating to Bankrupts."

against an

M. P. under statute 6, George IV.

c. 16. re

lating to

In all personal actions where it shall be intended to proceed against a member of parliament according to Bankrupts. the provisions of the said statute, the process is required to be according to the form contained in the schedule to that act.

Time for appearance.

The process is directed to the defendant, and must state his residence; and commands him, that within one calendar month next after personal service thereof on him, he do cause an appearance to be entered for him in an action of debt (or, as the case may be), at the suit of the plaintiff; and the defendant is thereby informed, that an affidavit of debt (mentioning for what amount) has been filed at the Exchequer Office of Pleas, Lincoln's Inn, according to the provisions of the said statute; and that unless he pay, secure, or compound for the debt, sought to be recovered in that action, or enter into such bond, as by the said act is provided, and cause an appearance to

be entered for him within one calendar month, next after such service thereof, he will be deemed to have committed an act of bankruptcy from the time of the service thereof.

dignity must

of Privilege

In describing a defendant who has a name of dignity, Name of the same must be stated in the writ, otherwise the de- be stated. fendant may plead in abatement; but in an action against But addition a peer, or member of the House of Commons, it is not of Peerage or necessary to describe him as having privilege of having privilege of peerage need not be or parliament (a).

Parliament

stated.

Upon the distringas the officer distrains forty shil- Distringas. lings, as in common cases; and if the defendant does not appear thereto, the plaintiff may enter an appearance for him, sec. stat. and proceed to judgment.

sued jointly

A peer, or member of parliament, sued with a common A Peer, &c. person, may now, it would seem, be joined in the same with a comcommon process (b).

mon person.

PROCEEDINGS AGAINST CORPORATIONS.

In actions against corporations aggregate, they must Proceedings be described by their corporate name (c).

against Corporations.

against.

The writ in such actions is the writ of sum- Proper Writ proper mons, and subsequent process of distringas (d); and the same may be served on the mayor or other head officer, Service of. or on the town clerk, clerk, treasurer, or secretary of such corporation, and if the sheriff, and next returning As to apofficer, to whom the writ of distringas would be other- sec. stat. wise directed, should be a member of the corporation,

(a) Tidd's Unif. Pr. 28.
(b) R. G. M. T. 3 Will. IV.
(c) 2 Inst. 666. Com. Dig. Tit.

Pleader, 2131.

(d) R. G. M. T. 3 Will. IV.

pearance,

To whom

process to be directed.

Distringas

must be exe

the writ must be directed to the Sheriff of the adjoining county.

In actions against the corporation of London, the process issues to the Sheriff of Surrey, the Sheriffs of London being members of the corporation, and being also Sheriff of Middlesex.

The distringas must be executed on the lands or goods

cuted on Cor of the corporation (e).

poration ef

fects.

When pro

be directed to Elisors.

Where the corporate body sues in such character, and cess should the sheriffs and coroners are members thereof, the process should be directed to elisors; and the court on application, will direct the master to appoint the same. The rule is absolute in the first instance (ƒ).

Proceedings against Hundredors.

To whom process should be directed.

And on

whom should be served.

PROCEEDINGS AGAINST HUNDREDORS, &c.

The proceedings against hundredors are the same as against corporations. The writ must be directed" to the men inhabiting within the hundred of, &c." and may be served on the high constable, or any one of the high constables of the hundred (g).

In proceeding against the inhabitants of any county of any city, or town, or the inhabitants of any franchise, liberty, city, town, or place, not being part of a hundred, or other like district, the writ must be served on some peace officer thereof (h).

(e) Skin. 27.

(f) Mayor, &c. of Norwich v. Gill, 1 Moore & S. 91.

(g) Stat. 2. Will. IV. c. 39.
(h) Ib.

ACTIONS AGAINST MAGISTRATES, CONSTABLES, &C.

against Ma

Constables,

Excise.

In actions against justices of the peace, constables, Proceedings headboroughs, and officers of the customs and excise, and gistrates, other persons, for any act done by them in the execution, &c. Officers of or arising out of the execution of their office, the time Customs and for the commencement of such action is limited by certain statutes to stated periods of time, and notices of such actions must be given previous to their being brought.

gistrates, &c.

for commencement

As against justices of the peace, constables, head- Against Maboroughs, &c. the time limited for the commencement of time limited such actions is six calendar months (i), including the day of Actions. on which the injury was committed (k). The com- Six Months.

Notice of

mencement of the action has reference to the first writ issued in the cause, and if that has been continued by alias, pluries, &c. the same must be regularly continued down, and entered upon the roll; and evidence of the issuing of the writ or writs, and of the regular continuance thereof, is absolutely necessary; and before any such action can be commenced (1), it is necessary Action to be that the plaintiff, or his attorney, or agent, should give, at the least, one calendar month's notice thereof in One Month. writing (m). The notice must either be personally Service of served on the defendant or left at his usual place of abode (n); and it must contain clearly and explicitly the What it must cause of action (o); and the nature thereof, and the

(i) 24 Geo. II. c. 44. s. 8. 12 R. 43. 1 B. & C. 12. 4 D. & R. East. 87.

(k) 4 Moore, 465.

(1) 2 H. Bl. 214. 2 Wils. 175.

& 9 East. 364. Peake, 35. 2 D. &

283.

(m) 3 T. R. 623.

(n) 4 T. R. 465.

(0) 7 T. R. 631. 2 Camp. 196.

given.

Notice.

contain.

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