TESTATUM

In practice. When a writ of execution has been directed to the sheriff of a county, and he returns that the defendant is not found in his bailiwick, or that he has no goods there, as the case may he, then a second writ reciting this former writ and the sheriff’s answer to the same, may be directed to the sheriff of some other county wherein the defendant is supposed to be, or to have goods, commanding him to execute the writ as it may require; and this second writ is called a “testatum” writ, from the words with which it concludes, viz.: “Whereupon, on behalf of the said plaintiff, it is testified in”our said court that the said defendant is [or has goods, etc] within your bailiwick.” In conveyancing. That part of a deed which commences with the words, “This indenture witnesseth.”