The filacers office, or, The measne processe filacers make out before appearance, the nature and forms of their several writs, and the manner of their proceedings thereupon.: Together with a table of their fees. Very usefull for all attorneys and practisers of the law, for the dispatch of their businesse in the filacers office. With an exact table, relating to all the matters herein contained.

Of a Capias in Withernam.

It is a Writ lying where he that de∣straineth, or the Owner of the Cattle after the distresse taken, doth esloign them, or carry them out of the Coun∣ty, or holdeth & keepeth them in some Castle, so that the Sheriffe cannot make a Replevine, or Retorno habendo (as oc∣casion is,) then the Sheriff by this Writ may take so much of the other goods, or Cattle of the party that hath done this, instead of them: And if they be in a Castle within his County, the Sheriff may take posse Comitatus, and break in∣to the Castle and make Replevine, 3. H. 7.1. Terms ley distr. F. N. B. 73 West. 1. cap. 17. Dyer 41.59. West. 1. c. 20. Brit. Chap. 17.

Note, that whatsoever the Sheriffe retorns upon the plures Replevine, it ought to be inserted and rehearsed in the Writ of Withernam: And if the

Sheriff retorn that he hath commanded the Bayliffe of the Franchise, who hath given him no answer, or that the Bay∣liffe will not make deliverance, that then the Plaintiffe shall have a non omittas directed to the Sheriffe, com∣manding him to enter into the Fran∣chise; and make the return, and if the Sheriffe do it not, the Plaintiffe shall have an alias non omittas directed to the Sheriffe, and afterwards a plures non omittas, &c.