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APPENDIX

EXECUTION AGAINST PROPERTY AND PERSON. MASSACHUSETTS

M County, ss.:

Commonwealth of Massachusetts

943

To the sheriffs of our several counties or their deputies, greeting: Whereas A, of in our County of S, by the consideration of our justices of our Superior Court, holden at for and within the County M aforesaid, on the

to wit, on the

against B, of

day of

last

Monday of
A. D. 19 recovered judgment

for the sum of cents damage and

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dollars and

dollars and

cents costs of suit, as to us appears of record, whereof execution remains to be done: We command you, therefore, that of the goods, chattels or lands of the said judgment debtor, within your precinct, you cause to be paid and satisfied unto the said judgment creditor, at the value thereof, in money, the aforesaid sums, being $ in the whole, with interest thereon from

cents

said day of the rendition of said judgment, and with more for this writ, and thereof also to satisfy yourself for your own fees; and for want of goods, chattels or lands of the said judgment debtor, to be by him shown unto you, or found within your precinct, to the acceptance of the said judgment creditor to satisfy the sums aforesaid, with interest as aforesaid, we command you to take the body of the said judgment debtor, and him commit unto either of our jails within your precinct, and detain in your custody within either of our jails within your precinct, until he pay the full sums above mentioned, with interest, and with your fees, or that he be discharged by the said judgment creditor, or otherwise, by order of law. Hereof fail not, and make return of this writ with your doings therein, into our Supreme Court, at our clerk's office in within our County of M aforesaid, in sixty days from date of this writ. Witness, Esq., at

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in the year of our Lord one thousand nine hundred and

Clerk.

[7 Enc. of Forms, 991. Substantially the form prescribed by the Act of May 28, 1701, Laws of Mass. (1742)].

WRIT OF ERROR

Fitz-Herbert's Natura Brevium 57

The King to his beloved and faithful I. of T., greeting:

Because in the record and process, and in the giving of judgment of the plaint which was before you and your companions our Justices of the Bench, by our writ, between A and B of a record and process of an assize of novel disseisin, which was summoned between them, and taken at S before our beloved and faithful I. of T. and his companions justices, assigned, &c., concerning tenements in W. which record and process we indeed for certain causes caused to come before you, manifest error hath intervened, to the great damage of him the said A as we have been informed by his grievous complaint: We being willing that the error (if any shall be) in this behalf be corrected in due manner, and that justice be done thereupon to the parties aforesaid, as it ought, do command you, that if judgment thereof be given, then that you send to us as well the record and process of the plaint aforesaid so had before yourselves, as also the record and process of the assize aforesaid set before you, with all things touching them, under your seal, &c., so that we may have them, &c., that having inspected, &c.

UNITED STATES OF AMERICA, SS.:

THE PRESIDENT OF THE UNITED STATES To the Honorable the Judges of the United States Circuit Court of Appeals for the Second Circuit,

GREETING:

Because in the record and proceedings, as also in the rendition of the judgment of a plea which is in the said Circuit Court of Appeals, before you, or some of you, between A plaintiff and B defendant, a manifest error hath

happened, to the great damage of the said defendant B, as by his complaint appears. We being willing that error, if any hath been, should be duly corrected, and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judgment be therein given, that then under your seal, disttinctly and openly, you send the record and proceedings aforesaid, with all things concerning the same, to the Supreme Court of the United States, together with this writ, so that you have the same at Washington, within thirty days from the date hereof, in the said Supreme Court, to be then and there held, that the record and proceedings aforesaid being inspected, the said Supreme Court may cause further to be done therein to correct that error, what of right, and according to the laws and customs of the United States should be done.

Witness the Honorable C D, Chief Justice of the said Supreme Court, day of in the year of our Lord one

the
thousand nine hundred and

Allowed by: (Signed)

(Signed)

E. F., Clerk of the Supreme Court of the United States.

G. H.,
Associate Justice of the Supreme Court of the United States.

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