Law. [L., neut. pa. pple. of testārī (-āre) to attest, etc.]
† 1. A writ formerly issued when a writ of capias was returned, the sheriff to whom it was first addressed testifying that the defendant was not to be found within his jurisdiction: see quots. Obs.
1607. Cowell, Interpr., s.v., If the Shyreeue return (nihil habet in balliva mea),… another writ shall be sent out into any other Countie … which is termed a Testatum, because the Shyreeue hath formerly testified, that he found nothing in his Bayliweeke to serue the turne.
1672. T. Cory, Course & Pract. Comm.-Pl., 27. Untill … there be an Execution in the Proper County entred upon the Roll, and a Testatum awarded.
1848. Wharton, Law Lex., Testatum writ, a process of execution which is issued into a different county than that in which the venue was laid in the declaration.
2. The witnessing-clause of a deed.
1844. Williams, Real Prop. (1875), 193. The testatum, or witnessing part, ‘Now this Indenture witnesseth.’
