Ch.ll. Sec. III.] Rights incident to Allegiance. 2S is against an administrator, &c. the plaintiff should also swear to his belief of assets come to the defendant's hands («). This writ may issue against a feme covert executrix, whose hus- band is out of the jurisdiction. (Jb) The affidavit must also state, that the plaintiff has reason to believe the defendant intends to go out of the kingdom before the conclusion of the suit, and that in such case the debt might be lost, {c) It should seem on principle to be just and proper, that the plaintiff should state his reasons for supposing that the defendant intends to leave the country, in order that the Court may judge of their sufficiency, [d) and it is usual in practice to do so. If the defendant has given out that he intends to go abroad, that will suffice: {e) nor need it appear that the defendant in- tends to leave his Majesty's dominions; it will be a sufficient cause to detain him, if he purpose to get out of the jurisdiction of the Court. (/) It was formerly considered, that on the defendant's putting in a full answer to the bill, the writ should be discharged ; but it is now held that he must give security to abide the order on hearing, before the Court will discharge the writ. This secu- rity is taken by recognizance before a Master in the penalty of what is sworn to be due; and the Sheriff takes bail accord- ingly, when he arrests the party thereon ; the debt sworn to being indorsed on the writ as a guide to the Sheriff in taking bail, {g) Indeed as the object of the writ, when applied to private concerns, is to compel the defendant to abide the event of the suit; and, as that is effected in substance, as well by his finding security, as by his being personally within the jurisdiction of the Court, it is but just that he should be permitted when taken on the writ to give such security, and thereupon the writ will be discharged, {h) The writ should be always under the great or privy seal, or signet; {i) and may be directed either to the subject himself; (a) 2 Vez.489. 3 Atk.501. 16 Ves. Temp. Talb. 196. 1 Wooddn. 187. 3 471. Mod. 127. 11 Ves. 43. Beames, 52. (Jb) 3 Atk. 409. Ambl. 62. S. C. (g) 5 Bac. Ab. tit. Trerogative C. 3. (c) 5 Bac. Ab. 22. tit. Prerogative h) 2 Atk. 409. Ambi. 62. 177. 3 C.3. Beames, 26 to 28. Bro. Ch. R. 218. 1 Ves. Jun. 96. ((f) And see Beames, 25. Beames, 40, 59. («) 77 Ves. 410, 417. 8 Ibid. 597. (t) F. N. B. 85, a. Lane, 29. 2 Co. nibid.54. 16Ibid.470. 17. 11 Co. 92. (/) See 1 P. Wms. 263.pl 60. Cas. or
