Ten days later, the plaintiff crossed the fence in upon the land, with a law agent, a witness and a pair of horses yoked or harnessed, and in a loud voice stated the amount of the debt and called upon the defendant to pay it according to law.
When a defendant was of rank superior to that of the plaintiff, distress had to be preceded by troscad (=fasting).
Burke, no doubt, in the course of that unparalleled trial showed some prejudice; made some minor overstatements of his case; used many intemperances; and suffered himself to be provoked into expressions of heat and impatience by the cabals of the defendant and his party, and the intolerable incompetence of the tribunal.
The plaintiff must prove that he has re-entered into possession, his title during the period for which he claims, the fact that the defendant has been in possession during that period, and the amount of the mesne profits.
To distrain as in the case of an ordinary defendant, and to seize double the amount that would have satisfied him in the first instance.
Other forms are ad satisfaciendum; ad faciendum et recipiendum, to remove into a superior court proceedings under which the defendant is in custody: ad testificandum, where a prisoner is required as a witness, issued under an act of 1804 (s.